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10-15-1979 - Regular ,-. Q o 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. Q u 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. I . 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. 2 " Q Q ~ 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. " " "COORD'INATORS 'REPOR'TS , -.;:---' ..- '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. - . , '{>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. 3 . v u , 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 , , 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. "- 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. 4 . Q v , . . . 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: ~ r- & ATTEST: i 1,ei~ S;j-;;;-s HC-. Councilman ~ Approved this~ay of ~":'//~ ~/. . #' Mayor .~~ councilmV 7 y:.J&j 5