10-15-1979 - Regular
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CITY OF EDGEWATER
CITY COUNCIL REGULAR MEETING
, October" 15," 1979
Mayor Christy called the regular meeting of the City Council to order
at 7:00 P.M. in the Edqewater Community Center.
R 0 L L" CAL L
Mayor Robert H. Christy
Councilman Louis J. Rotundo
Councilman Oavid C. Ledbetter
Councilman Walter B. Sikes
Councilman Neil J. Asting
City Attorney Judson Woods
City Clerk Joseph Herget
Police Chief Earl Baugh
Present
Present
Excused
Excused
Present
Present
Present
Present
"I N V 0 CAT'I 0 N
The invocation was given by Rev. Thompson.
SALUTE TO FLAG
,APPROVAL OF MINUTES
Councilman Rotundo made a motion that the Council approve the minutes
of the October 8, 1979 Council Meeting. Councilman Astina seconded the
motion. Upon roll call the motion CARRIED 3-0.
B1LlS AND ACCOUNTS
Councilman Astinq made a motion that the Council nay the bills. Councilman
Rotundo seconded-the motion. Upon roll call the motion CARRIED 3-0.
'P ROCLAMA.T'I ON
Mayor Christy read a proclamation designating October 21, 1979 as
World Order Day in the City of Edqewater, This nroclamation was issued
at the suggestion of Rev. Boggs and cories will be sent to the area churches
with the request that this be read at their services on Oct. 21st.
Rev. Boqas invited the Council to attend the soecial service at the
Methodist Church on Oct. 21, 1979 and thanked the Mayor for issuing this
proclamation.
COM ~1 U N'I CAT ION S
The City Clerk read the reply from the Building Official to a request from
the Council to inspect the Gregory residence at 2429 Pine Tree Drive.
The Building Official said that he was accom~anied on this inspection by
three members of the Building Code Board and he listed the discrepancies
thev found at the residence in relation to the construction. Mr. Greaorv
will be given names of subcontractors who can complete the items listed'
at Mr. Berman's expense.
The City Clerk read the reply from the Building Official to a request from
the Council to insoect construction at the corner of Everareen and Indian
River Blvd. The Buildinq Official stated that the setback on the property
was 1318" and also that there had been no insrection on this property
because the permit had not been issued. The aoplication had been made for
a oermit but it had not been issued. The Buildina Dent. does not inspect
without a nermit being issued. . .
The City Clerk read a reply from the Building Official to a request that
a moratorium be placed on Building permits for Frank Berman. The Building
Official asked that the Council consider appointing the City Planner as
the Zoning Official.
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Councilman Rotundo made a motion that the Council leave the situation as
it now is until they have a chance to determine if the City Planner can
take on this added duty. Councilman Asting seconded the motion. Upon
roll call the motion CARRIED 3-0.
The City Clerk read a letter from Frank Opal requesting permission to
address the Council concerning the Frank Berman matter.
Mr. Ooal spoke to the Council concernina the action taken by the City
Council in'regard to Berman Construction.
There were no comments from the Council.
The City Clerk read a letter from Lonestar concerning Flagler Ave.
Lonestar is presently evaluating a dust surpressing compound for use
on Flagler Ave. In the meantime, they will wet down that part of
Flagler from the Railroad to the paved street to the South.
Councilman Asting made a motion that the Council write to Lonestar asking
them to report back to the City as soon as they have definite results
on these evaluation tests. Councilman Rotundo seconded the motion. Upon
roll call the motion CARRIED 3-0. .
The City Clerk read a resolution from Volusia County (79-102) expressinn
appreciation to the City of Edgewater and the Edqewater Volunteer Fire
Department for fire services to the Greater Edgewater Fire and Rescue
District.
The City Clerk read a letter from the Edgewater Volunteer Fire Dept.
listing the new officers elected on Oct. 4, 1979.
Councilman Rotundo made a motion that the Council authorize a resolution
accepting these new officers for the Volunteer Fire Dept. Councilman
Astinq seconded the motion. Upon roll call the motion CARRIED 3-0.
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The City Clerk read a letter from the Edgewater Volunteer Fire Dept.
requesting that the Municipal Code be changed fromr:30 men and one medical
officer for the Volunteer Fire Dept. to 40 men and one medical officer.
There was a question whether or not this should be done by resolution or
ordinance.
Councilman Rotundo made a motion that the Council authorize the City Attorney
to draw up the necessary document increasing the membership of the
Edgewater Volunteer Fire Dept. Councilman Astinq seconded the motion.
Mr. Ben Vazquez asked the City Attorney if this should not be done by a
referendum?
Mr. Woods said that according to the Home Rule law a referendum was not
required.
Upon roll call the motion CARRIED 3-0.
The City Clerk read a letter from David Catalano regardin9 Block 7 & 8 of
Totem Park Subdivision and the platted streets of 2nd, 3rd, and 4th that
go off of Thomas Street. Mr. Catalano is requesting that these streets
be opened so that there can be access to the homes he plans to build in
this area. He offered to open these roads at his own expense.
Councilman Asting made a motion that the Council table this until Mr.
Ledbetter returns and has a chance to study the request. Councilman
Rotundo seconded the motion.
Mr. Catalano told the Council that he was anxious to have this done
so that he could start building.
Mr. Woods said that the City would have to get their consulting engineers
Briley, Wild to approve this plan.
Mayor Christy said that the City will have to contact Briley, Wild.
Upon roll call the motion to table CARRIED 3-0.
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The City Clerk read a letter from Donald Slaney of Sloburn Properties
requesting that the Council consider some type of reassessment and/or
restitution regarding the sewer and water service involved in Sloburn
Properties Subdivision A.
Councilman Asting said that the figures Mr. Slaney quoted in his
letter were exaqqerated. He has met with Mr. Slaney and discussed
with him the fact that the City is not charging any'more than any other
contractor is required to pay. Mr. Asting added that it appears that
Mr. Slaney does not have a license at the address of 103 Carlson Cove.
Mayor Christy asked the Police Chief to check into this.
The City Clerk will respond to Mr. Slaney's letter advising him of
the present ordinances and charges regarding sewer and water installation.
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"COORD'INATORS 'REPOR'TS
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'Coun~ilman Rotundo told the Council that the Volunteer Fire Dept. had
taken first place again at the annual Field Day. He suggested that
the Council write to the Fire Dept. congratulating them.
Councilman Asting told the Council that three more street lights had
been installed, Another will be installed by Oct. 15th. The Florida
Power and Light will continue to notify City Hall when the requested
street lights have been installed.
C"i ty 'Attorney No report.
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'{>ft'Y C 1 e r k Nor e p 0 r t .
'-'Mayor Christy read a letter from ~lohn Gross thanking the Council for
dedicating a room at the Library in memory of his late wife Helen Gross.
Mr. Christy also read a letter from the Dept. of Community Affairs
concerntng eligibility for funds for the 701 program. Mr. Christy also
asked the Council to authorize funds for City Officials and their wives
to attend the bi~monthly dinner-meetinns of the Volusia League of
Municipalities. Mr. Christy pointed out that during this past year none
of the Council have submitted requests for refunds for all the meetings
they attend even though they are entitled to do so. He feels that this
is an important meeting for City officials.
Councilman Rotundo made a motion that the Council authorize funds for
City Officials and their wives who wish to attend the Volusia League
of Municipalities Dinner-Meetings when these events occur. Councilman
Asting seconded the motion. Upon roll call the motion CARRIED 3-0.
" 'R ESO L'UT'I'O N S
The City Attorney read Resolution No. 79-R-92.
A RESOLUTION OF THE CITY OF EDGEWATER, FLORIDA SUPPORTING GOVERNOR ROBERT
GRAHAM'S VETO OF THE CABLE TV DEREGULATION BILL AND FURTHER VOICING
OPPOSITION TO ANY LEGISLATION DIRECTED TOWARDS AN OVERRIDE OF SAID VETO;
REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE
DATE,
Councilman Astinq made a motion that the Council adopt this Resolution.
Councilman Rotundo seconded the motion, Upon roll call the motion
CARRIED 3",0.
The City Attorney read Resolution No. 79-R-91,
A RESOLUTION APPOINTING ELECTION WORKERS FOR THE PRIMARY ELECTION TO BE
HELD IN THE CITY OF EDGEWATER, FLORIDA, ON OCTOBER 23, 1979; 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 3..0.
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The City Attorney read Resolution No. 79-R-93.
A RESOLUTION INCREASING THE RATES FOR THE RENTAL OF THE EDGEWATER
COMMUNITY CENTER: REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH
AND PROVIDING AN EFFECTIVE DATE.
Councilman Rotundo made a motion that the Council adoot this Resolution.
Councilman Asting seconded the motion. Upon roll cali the motion CARRIED
3-0.
ORDINANCES
The City Attorney read Ordinance No. 79-0-34,
AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY OWNED BY JOHN W. ROWLEY TO
THE CITY OF EDGEWATER, FLORIDA~ PURSUANT TO SECTION 171.044 OF THE FLORIDA
STATUTES; REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER, FLORIDA,
PROVIDING THAT SAID ANNEXED PROPERTY SHALL BE ZONED AS R-l: PROVIDING
THAT A CERTIFIED COPY OF THE ORDINANCE SHALL BE FILED WITH THE CLERK OF
THE CIRCUIT COURT IN VOLUSIA COUNTY, FLORIDA AND WITH THE DEPARTMENT OF
STATE, STATE OF FLORIDA, UPON ADOPTION; PROVIDING FOR PUBLICATION OF
THIS ORDINANCE~ REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING
AN EFFECTIVE DATE.
Councilman Astin9 made a motion that the Council adopt this Ordinance
(first readinq). Councilman Rotundo seconded the motion.
Mr. Vazquez questioned the annexation procedure.
Mr. Woods said that Florida Statute 171.044 gives the procedure on
voluntary annexation.
Mrs. Woodard said she thought t~e people should have the right to vote
on anne-xation.
Upon roll call the motion CARRIED 3-0.
" '0 L D' BUS I N E S S
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Merit Board By~Laws:
Councilman Rotundo made a motion to accept the change in the Merit Board
By-Laws regarding the calling of a special meeting. This change had
been recommended by the City Attorney and the Council. Councilman Astin9
seconded the motion. Upon roll call the motion CARRIED 3-0.
Mr. Walter Gross asked if the Chairman had to be absent for the Vice-Chairman
to call a special meeting.
Mr. Woods said no.
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AUDIENCE MISCELLANEOUS
Mr. Opal asked the Mayor about the Building Code Board meeting of Tuesday
October 9, 1979. He wanted to know if this meeting had been taped.
Mayor Christy said that the meeting wh~ch was a preliminary hearin9 was
taped.
Elaine Conrey spoke to the Council about the difficulty she is havin9
getting a license to operate a day care center. She told the Council
that the Zoning Board has recommended that day care centers be a special
e-xception in the B-3 Zone, This will mean that it could be almost three
months before she can get a license, She requested a temporary license
until the zoning procedure has been completed, She also pointed out the
fact that there is a day care center in Edgewater and questioned how that
business got its license.
Mr. Woods said that the Council cannot issue a temporary license. He did
not know how the other business got a license but in order for Mrs. Conrey
to open up her business she will have to follow the proper procedure.
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Mr. Siciliano, Vice-Chairman of the Zoning Board, told the Council that
the Board had reviewed Mrs. Conrey.s request and recommended that day
care centers be added as a Special Exception to B-3. This is one of
the Zoning Changes to be discussed at the joint Public Hearing on October
29, 1979.
Mr. Witzig spoke to the Council concerning City trucks that appeared to
be paving an alleyway in Florida Shores. He was not aware that this
had been authorized by the City Council.
Mayor Christy said that this work had been stopped and the Council will
find out what happened when Mr. Ledbetter gets back.
Mr. Walter Gross told the Council that Wednesday is Candidate Niqht
and also the Merit Board holds their regular meeting on that same ni9ht. .
He wondered if, as Vice Chairman of the Merit Board, he could cancel
the meeting of the Merit Board.
Mr. Woods said that would be up to the Chairman.
Mayor Christy said that the City Clerk would contact the Chairman of the
Merit Board to find out if another meeting date could be set.
Mr, John Gross spoke about the sound system at the Community Center. He
said that members of the audience have a difficult time following what
is being said by the Council because they can't hear them.
Mayor Christy said that recommendations have been made for improving the
system at the Community Center and if the money can be found they hope to
make some changes that would improve the accoustics.
"N E W, 'B U S I'N E S S
None
Nancy Blazi
.A,sting
Councilman Rotundo made a
seconded the motion. The
Minutes submitted by:
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ATTEST:
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S;j-;;;-s HC-.
Councilman
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Approved this~ay of
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Mayor
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councilmV 7
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