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10-22-1979 - Regular '"' " ...., o (,,) CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING October 22, 1979 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 Walter B. Sikes Councilman Neil J. Asting City Attorney Judson Woods City Clerk Joseph Herget Police Chief Earl Bauah Present Present Present Excused Present Present Present Present 'INVOCATION The Invocation was given by Rev. Bogqs. 'SALUTE TO FLAG APPROVAL OF,MINUTES Councilman Rotundo made a motion that the Council approve the minutes of the S~ecial Council Meeting on October 11, 1979 and the Regular Council Meetin9 on October 15, 1979. Councilman Asting seconded the motion. U~on roll call the motion CARRIED 3-1. Councilman Ledbetter voted NO due to absence. "B'ILLS' A'ND' ACCOUNTS Councilman Asting made a motion that the Council approve the bills for payment. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4~0. C 0 ~1 M UN ,I CAT ION S ~ The City Clerk read a letter from Victor Macino requesting an appointment as a member of the Planning Board. Councilman Ledbetter made a motion that the Council table this reauest until after the election. Councilman Astina seconded the motion. Unon roll call the motion CARRIED 4-0, ' Mr. Frank Onal told the Council that this reauest should not have aone to the Plannin~ Board first, it should have gon~ directly to the Coun~il. The City Clerk read a letter from Frank ODal reouestinq permission to speak to the Council concerning the taning of Board meetings. Mr. Opal told the Council that the meetinq of the Building Code Board on October 9, 1979 was not taoed as it should ha ~ been. He said that he had checked at Citv Hall a~d was told that the meetina was taped and that the recorder was t~rned off after the meetina was ove~. Howe~er, the Board sat and talked for another hour or so after that and this was not taped. Mayor Christy said that the regular meeting was adjourned and the taoe was turned off. The ordinance calls for meetings to be taped. Mr. Woods said that he could not see where the ordinance had been violated. J ~ u The City Clerk read a letter from Mr. Vanderorifft, Chairman of the Merit Board, requesting that the Council make an appointment to the Merit Board due to the fact that Mr. Walter Gross's term had expired. Councilman Ledbetter made a motion that the Council table this until after the election. Councilman Rotundo seconded the motion. Uoon roll call the motion CARRIED 4-0. The City Clerk read a letter from Moreland/McKesson Chemical Co. reqardin9 payment on P.O. 3058 for the amount of $675.00. The Edqewater check #167 issued on 10/31/78 had never been received by Moreland/McKesson. A request for stop~payment and re-issuance of a new check was made by the company. Councilman Ledbetter made a motion that the Council authorize a stop- payment on check # 167 and that a new check be issued for payment o~ $675 on P.O. 3058. Councilman Rotundo seconded the motion. U~on roll call the motion CARRIED 4~0. The City Clerk read a memo to the City Council requesting clarification of birthdays and floating holidays for the employees. The City Clerk recommended that the emolovee be allowed to utilize the birthday holiday at any time during the month of the employee's birth. He also recommended that the floating holiday be utilized during the employee's anniversary year and that the holiday not be allowed to accumulate or that the employee not be paid double time for either birthday or floating holidays. Councilman Astina made a motion that the Council accept the City Clerk's recommendations and authorize an ordinance amendin9 Ordinance 1004. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. . Councilman Asting requested that the City Attorney redo the entire ordinance with the suggested changes so that we will only have one merit ordinance to deal with instead of an ordinance and a number of amendments to that ordinance. Mr. Woods said that he would be able to do this. The City Clerk read a letter from Susan Wadsworth, Deputy Clerk, requesting that the City Council clarify non-profit organizations and charges for the use of the Community Center, A request for the use of the Community Center has been made by New Smyrna Beach High School for a fund raising event. Councilman Ledbetter made a motion that the Council waive any charges when the Community Center is used by schools, churches and Scouts. This should be for events that are scheduled only once or twice a year. Councilman Rotundo seconded the motion. Russ Foster, Fire Chief, spoke to the Council about the charge to the Fire Department for their Tuesday Bingo games. He said that this money goes to helo the Fire Deot. purchase equipment and that the Fire Dept. is a non~rrofit organization. Mayor Christy said that the Bingo is a weekly event and therefore is not the same as a one time fund raising event. I~hen the Community Center is used on a regular basis by an organization there should be some charge. Upon roll call the motion CARRIED 4-0. The Council considered an application for a home occupational license for Mr. Wilkes~ Mr. Compoli and Mr. Woods. The business will be at 2028 Needle Palm. It will an aluminum replacement business and the home will be used for office purposes only, no storage. Councilman Asting made a motion that the Council grant this license. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4~0. 2 ..,- , . Q Q The City Clerk read a letter from the City Planner stating that the County had requested a resolution from the City supporting the HUD Section 8 Housing Assistance Program. Councilman Ledbetter made a motion that the Council table this until next Monday's meeting. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. COORDINATORS REPORTS C'ouncilman Rotundo No report. Councilman Ledbetter No report. 'Councilman Asting told the Council that he had contacted the Dept. of Transportatlon concerning the condition of the entrance to Florida Shores which is like a washboard. They told him that the telephone company will be installino a cable across the entrance and unon comnletion of this work, the telephone company will resurface that' area. . There has been one request for a street light to be installed and Mr. Astino asked that the Street Lioht Committee meet and discuss this. The light~would be installed at Oueen Palm and 30th St., if the committee agrees there is a need for a light there. The City has received notification from the DER that the annual inspection of the Wastewater Plant will be on November 20th. Councilman Asting continued by saying that he had received a number of phone calls regarding a letter distributed by Mr. Vazquez. The letter states that New Smyrna Beach will take over the Edgewater Water and Waste- water plants. Mr. Asting said that he knew of no agreement by any Edgewater officials and he has checked with the City Attorney who also said he had no knowledge of any such agreement. Councilman Ledbetter said that he had also had phone calls concerning the same charges. Councilman Asting said that as far as he was concerned the City of Edgewater owns the water and sewer plants and we don't have any agreement to have anyone take it over from us. There was a rather lengthy discussion about this charge. Mr. Armstrong, former Mayor, told the Council that a study had been made by Briley, Wild concerning the water and sewer facilities in the area. This was done in conjunction with New Smyrna Beach and paid for by a grant. Mr. Severance, also a former Mayor, said that at one time there was a discussion with New Smyrna Beach about the installation of a water line between the two cities to be used in case of any water shortages. The Council agreed that there was no basis in fact for these charges. Councilman Asting told the Council that the bids on the Fire Hydrants had been received and opened in the City Clerk's office on Friday, Oct. 19, 1979. It was the recommendation of the Supervisor of the Water Plant that the City accept the low bid from Hughes'Supply Co. for $14,683.94. Councilman Asting made a motion that the Council accept the bid from Hughes Supply Co. for $14,683.94 for 20 fire hydrants. The money will come from Federal Revenue Sharing. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. City Attorney Woods No renort. " City .C 1 e r k Her get No. r e po r t . 3 .~ o u Mayor Christy told the Council that at his request the Vol. League of Municipalities had approved a resolution re-establishing municipal courts. Mayor Christy told the Council that he had finally been able to have Edgewater appointed to the Municipal Planning Organization. This will give the City some say in the decisions on transportation~ roads~ etc. within the County. Mayor Christy also told the Council that he had heard from the Coast Guard in reference to a possible speed/wake restriction in Indian River. He hopes this will be resolved soon for the protection of the coastline and the wildlife in the river area. RESOLUTIONS The City Attorney read Resolution No. 79-R-94. A RESOLUTION APPROVING THE ELECTION OF OFFICERS FOR THE EDGEWATER VOLUNTEER FIRE DEPARTMENT; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Astina made a motion that the Council adont this resolution. Councilman Ledbetter seconded the motion. Upon roll' call the motion CARRIED 4-0. " ~,ayo!:~_Chri~!y introduced the new Fire Chief, Dave Severance. Councilman Rotundo praised the work done by Russ Foster who has been Fire Chief for the past two years. ,0 R D'I NAN C E S The City Attorney read Ordinance No. 79-0-35. AN ORDINANCE AMENDING ARTICLE IV, SECTION 13-50(4), OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY INCREASING THE NUMBER OF VOLUNTEER FIREMEN FROM THIRTY (30) VOLUNTEER FIREMEN TO FORTY (40) VOLUNTEER FIREMEN AND ONE (1) MEDICAL OFFICER; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion that the Council adoot the first reading of this Ordinance. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. 'OLD' 'BUS'INESS Lone Star - request for fence: The City Attorney told the Council that he could see no legal reason why this fence could not be put up by Lone Star. Councilman Ledbetter made a motion that the Council grant permission to put up this fence to Lone Star on the recommendation of the City Attorney. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4,=,0. Platted Streets - 2nd, 3rd, and 4th off Thomas: The City Attorney said that all these streets are platted and there is no objection, from a le~al standpoint, to having these streets opened up. Councilman Ledbetter asked if Mr. Catalano will pay to have these streets paved? Mr. Catalano told the Council that he will rut in the shell. Councilman Astino made a motion that the Council arant the request to open up 2nd, 3rd~and 4th Streets off Thomas. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. Alleyway, Florida Shores: Councilman Ledbetter made a motion that the Council authorize the St. Dept. to finish opening up this alleyway. Councilman Rotundo seconded the motion. 4 ---- .~ o u Mr. Robert Witzig complained about opening up this alley with City equipment when the roads in Florida Shores are in such bad condition. He also questioned why this work had been started before Council authorization. Upon roll call the motion CARRIED 3-1. Councilman Astinn voted NO. Barrett Variance: Councilman Rotundo made a motion that the Council accent the recommendation of the Board of Adjustment and qrant the 8' front yard' setback variance for Perry Barrett on property located at 1853 Ouava in Florida Shores. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 3-1. Councilman Asting voted NO. ~AUDIENCE~MISCELLANEOUS Mr. Witzig wanted to know who gave the authorization for the City equipment to be used to clear and pave the alleyway in Florida Shores prior to having this approved by the City Council. Councilman Ledbetter said that it was City owned property. Mr. Witzig said that this still should not have been done without Council approval and unless they were violating the Sunshine Law, nobody should have known how the Council would vote on this subject. Mayor Christy said that it was his understanding that the the Street Dept. had thought this work had been apnroved. Christy} found out the work was being done, he stopped it be settled by the Council. Supervisor of When he (Mayor until it could Mr. Walter Gross spoke to the Council about the number of people that work for the WjWW. He said this was an oversized department. He asked about the dead end water lines in the City. Councilman Asting said these lines were being corrected. There were about 40 dead end lines left to be fixed. . Mr.. Gross also asked about getting the holes repaired on Alice and Lake Ave. Councilman Ledbetter said that the Street Dept. did have some money to patch up the roads with but he will have to 0et Council approval. Mr. Gross also questioned the purchase of the Fire Hydrants. Mayor Christy said that the City went out on bids and that the bids were opened in the City Clerk's office and studied by the Supervisor of the Water Plant so that he could make a recommendation to the Council. If the Council did not do it this way then they would have to table the bids and wait another week for a recommendation. The money to pav for these hydrants was established by a ordinance appropriating Federal Revenue Sharing money for this purpose. Mr. Ben Vazquez told the Council that he stopped by the Building Dept. and picked UD a Building Permit issued to the Testa Construction Co. He found that there is no such construction company listed in the telephone directory, no occupational license, no nothing. The license that they are operating under is supposed to be a certified res.idential contractor. Contractor's have to qO before the State and take an examination to qet certified. The City of Edqewater has a Buildinq Official that has taken it upon himself to ~ssue a-permit, more than ohe, to a qentlemen who works for the Florida Shores Corporation of Magnuson Corp. If the City is going to pay this man thirty or forty thousand dollars a year. there should be something done about this irresponsible action. Councilman Rotundo said that Mr. VazQuez was making false accusations. Mr. VazQuez said he would like to know if Mr. Testa has a license. He was told at City Hall that there was no license. Mavor Christy said that he had a copy of the State of Florida Construction Industry Licensing Board license issued to Testa Construction Corp. 5 ", . o o Mr. Vazquez told the Council that he had arrived late to this meeting and he understood that his name had been brought up earlier in the meeting. He asked what the Council discussed. Mayor Christy said that it was about the charges that Edgewater would be aoinq in with New Smyrna on the water and wastewater systems. The Council'does not know of any such agreement and two former mayors had also told the Council that this information was wron~, there was no such agreement. Mr. Vazquez said that he would challenge Mayor Christy, Mayor Armstrong and anyone else in the City of New Smyrna Beach, Edgewater or the County to an open debate at the High School auditorium at any time.and then you can tell the people that I donlt know what 11m talking about and that 11m a liar. Mayor Christy said that he was sorry that Mr. Vazquez had not been at the meeting earlier and heard what was said about this subject but that is Mr. Vazquezls problem. Mr. John Gross suggested that the Mayor get signs in the Indian River area adjacent to Edgewater that state no wake. This will slow the boats down and help to solve the problem of beach erosion. NEH BUSINESS None Councilman Asting told the Council that somethin~ will have to be done about the Water/Wastewater budget. The Council decided to wait until after the election. Councilman Asting said that, for the record, this is the third time that he has brou9ht up this matter. He has asked for two dates and they have both been turned down. Councilman Asting made a motion to adjourn the meeting. Councilman Rotundo seconded the motion, The meeting was adjourned. Minutes submitted by: Nancy Blazi .,?:~ ~~~ , f I 'PC .' \ ' : -/ I \ \ / o-J -<-r'F \:z-r: 'rs.. / <2 7- Councilman F ~ n I.if.~ \,} L -- ........ "- Coun n ., 7~94L counCil~ tr 7~ ~. ATTEST: i;{fIfr A p pro v e d t h i sJ91A' day 0 f October, 1979., ~~ - 6 -