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10-08-1979 - Regular - ~ o i CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING October 8, 1979 Mayor Christy called the Council meeting to order at 7:00 P.M. in the Community Center. ROLL,-CALL Mavor Robert H. Christv Councilman Louis J. Rotundo Councilman David C. Ledbetter Councilman Walter B. Sikes Councilman Neil J. Astinq City Attorney Judson Woods City Clerk Joseph Herget Police Chief Earl Baugh I N V 0 CAT I 0 ~l Present Present Present Present Present Excused Present Present The invocation was given by Rev. Boggs. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Ledbetter made a motion that the Council approve the minutes of the Council Meetings of September 24, 1979 and October 1, 1979. Councilman Sikes seconded the"motion. Upon roll call the motion CARRIED 5-0. B1Lt5 AND ACCOUNTS Councilman Sikes made a motion that the Council aoorove the bills for the ~eriod endinq 9-29-79 for a total of $21,378.18. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. '. COM M U ~H CAT ION S The City Clerk read a memo from the Zoning Board requesting that the Council set a joint Public Hearing to consider a number of Zoning changes. The Board requested that the first Public Hearing be held on October 29, 1979. Countilman Ledbetter made a motion that the Council set October 29, 1979 as a joint Public Hearin9 for the Council and the Zonina Board and authorize the City Clerk to place the necessary advertisement in the newspaper. The Public Hearing would be held at 6:00 P.M. in the Community Center. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy asked the Council members to study the information sent to them from the Zoning Board in regard to the proposed zoning changes. The City Clerk read a letter from the Friends of the Library requesting that the Council authorize the dedication of a room at the library in honor of Mrs. Helen Gross. The Library Board supports this request. Councilman Ledbetter made a motion that the Council grant this request. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from Rev. Canova stating that the City Engineer had estimated that it would cost between $15,000 and $20,000 to extend the sewer facilities to his house located at 1724 Kumquat Dr. He would prefer sewerage facilities, but if this cannot be provided at a more reasonable cost he requests that the Council waive the regulations and allow him to install a septic tank. o o Councilman Asting made a motion that in view of this cost, the Council waive the requirements of the ordinance requiring hookup to sewer and allow Rev. Canova to have a septic tank installed. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from Janice Bowen reQuestina a Street Light at 26th and Umbrella and also that the ditch be filled in to eliminate mosquito problem. Councilman Asting made a motion that the Council refer the request for a street light to the Street Light Committee. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter will have the Street Dept. check into the problem of the ditch. The City Clerk read a letter from the Board of Governors requesting that rates for the use of the Community Center be increased. Councilman Sikes made a motion that based on the recommendation of the Board of Governors a resolution be authorized stipulating the rates to be paid for the use of the Community Center. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a resolution from the City of Lauderhill supporting the Governor's veto of a deregulation bill for Cable Television. The City of Lauderhill requests that the City Of Edgewater send a similar resolution to the Governor, Florida League of Cities and area le~islators. Councilman Rotundo made a motion that the Council adoot a similar resolution and send it to the Governor. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Home Occupational Licenses: The Council considered an application from Gary L. Hine, 109 Community Dr. to operate a business as an aluminum contractor. Mr. Hine told the Council that he planned to use his home as an office and to take telephone calls for jobs. There would be no storage. Councilman Ledbetter made a motion that the Council grant this license. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. The Council considered an application from Gary L. Dudash, 1804 Ever9reen to operate a business as a trim carpenter and drywall subcontractor. Mr. Dudash told the Council that he planned to use his home as an office and to take telephone calls for jobs. There would be no storage. Councilman Asting made a motion that the Council grant this license. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Th~ Council considered an application from Danny Farmer, 2510 Kumouat to operate a wallpaper hanging business, Mr. Farmer told the Council that he would use his home for office use only and there would be no storage. Councilman Astinq made a motion to grant this license. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The Council considered an application from Edward Abel, Sr., 2948 Mango Tree Drive, to operate a building contractor business. Mr. Abel was not ~resent at the meeting. Councilman Astino made a motion to table this reauest until Mr. Abel can be present to sDeak to the Council. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. 2 o o Councilman Ledbetter suggested that we get verification from the Building Official that Mr. Abel is a licensed contractor. COORDINATORS REPORTS Councilman Rotundo asked about the status of the contract with the County for the Greater Edaewater Fire District. Mayor Christy said that the Fire Dept. had not yet signed the contract. They are waiting for the preparation of Exhibit A which will desiqnate the monies to be spent. This is being taken care of and should be completed soon. Councilman Ledbetter said that the Street De~t., needs to order more culvert material. He would like Council authorization to purchase sufficient culvert material to take care of present work and then possibly 90 out on bids for a larger amount. Councilman Sikes made a motion that the Council authorize the Durchase of culvert material for not more than $1995.00. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter said that the alleyway in Florida Shores that Perry Barret had requested be ooened UP has been checked by the Street Deot. Mr. Barrett w1ll make arr~ngemen~s for the shell. T~ere does seem to be a ~roblem regarding a telephone ~ole. As soon as this is resolved, he will report back to the Council. He doesn't feel any action should be taken on this until the problem of the telephone role is resolved. Councilman Sikes no report. Councilman Astina said that he had received a number of complaints about doas wanderinq l~ose in Florida Shores. He would like the P~lice Chief to-check into-this more thoroughly. Councilman Asting also said that the roads in Florida Shores are in extremely poor condition. He has received a comolaint from Mr. Hammond regarding ~he condition of the road at 30th and Sabal Palm. \4e should make this matter a high priority. Councilman Asting brought up the subject of a house on Pine Tree Drive, owned by Mr. Gregory and constructed by Mr. Berman. The workmanship on this house is quite shoddy. This matter was brought before the Board of Adjustment and Appeals and they directed Mr. Berman to take action to correct the deficiencies. This is all well and good but when we have a case like this where we have a contractor who apparently does not comply with our building code, I think his license should be suspended and he not be granted any license to build any houses until he meets our code. Mayor Christy said that he wished the City Attorney was present at this meeting to give some guidance to the Council on this subject. He quoted from a letter sent to the Building Official from the Building Code Bd. that refers to deficiencies and the repairs that should be made. Councilman Asting said that he had no argument' with that decision but he wants to know why this contractor should be permitted to continue building homes if he does such shoddy work. Councilman Sikes said that he did not believe the Council could revoke a license but they could instruct the Building Official not to issue any more permits to this contractor. Mayor Christy said that Mr. Berman is starting another building on Ever0reen Dr. and 442. He has not obtained a building permit. He has a request in for a building permit. Councilman Ledbetter said that he thought you had to have a building permit before you ooured a footer or put the plumbing in. Mr. Witzig spoke to the Council said that the plumbing had been ~ut in and he had called for a plumbing inspection. Whoever went down said that the plumbing had to be uncovered before an inspection. There was a long discussion concerning the subject. 3 o Q II Councilman Ledbetter made a motion that the Council authorize a moratorium on building permits for Mr. Berman until he satisfies the building code regulations. Councilman Asting seconded the motion. The discussion on this moratorium continued. ~ Councilman Ledbetter amended his motion to add that the Building Code Board would follow UP on this to insure discrenancies are corrected. Councilman Asting seconded the amendment. . The discussion continued. Councilman Ledbetter said that it did not appear as if we were getting the proper inspections in the field. We can stop this man from building. Councilman Asting asked again if this man shbuld be allowed to continue building homes in Edgewater? Councilman Sikes asked if the moratorium was on a specific building of Mr. Berman or any construction that Mr. Berman was doing? Councilman Ledbetter withdrew his motion. Councilman Asting withdrew his second. There was more discussion about the house that Mr. Berman had built for Mr. Gregory and the house on Evergreen that is presently under construction. Councilman Ledbetter made a motion that a moratorium be placed on all building permits for Mr. Berman until he meets the Edgewater Building Code regulations and that the Building Code follow up on this with the Building Inspector to see if construction discreoancies are corrected and the code met. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter made a motion that the Building Inspector should show cause how he can give a building inspection on plumbing when there is no buildin9 permit. Councilman Sikes said that he would rather have the Building Official report back to the Council on this, the Council is not sure that an inspection was made. Councilman Ledbetter withdrew his motion and said that the Council should ask for a written report from the Building Inspector on this situation. The City Clerk will notify the Building Inspector to send a written report to the Council on this situation. (Tape 2A4 to Tape 2B14) Councilman Asting read a letter from Mr. Ken DeGroot, City Engineer, tendering his resignation from the position of Public Works Director and City Engineer. Mr. DeGroot stated that his reason for resigning '.'was personal. Mr. DeGroot added that he was concerned about the fact that the water and sewer rates were not increased because he believed this increase was necessary to provide the funds to upgrade the W/WW system and also that recent criticism of the W/WW department does not appear to be founded on facts. Councilman Ledbetter made a motion that the Council accept Mr. DeGroot's resignation. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Asting said that the Street Lighting Committee had recommended a street light be placed on Lamont per the request of Rev. Boggs. He also said that the question of the payment on the street light on Perdita may be resolved if the City can make an arrangement for the easement on that property. He will get a recommendation from the City Attorney. '-C'i t y' Clerk Joseph Herget told the Co un c 11 that he has received are C1 u est from Mr. Gilbert Rechkemmer for a refund of $84.95 in penalty fees on his water bill. The U.S. Postmast~r in Champaign, Ill. had also written to the City stating that there had been an error in forwardin9 Mr. Rechkemmer's ma 11 . - 4 o o Councilman Asting made a motion that the City refund the penalty fees of $84.95 to Mr. Rechkemmer. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Mr. Herget also told the Council that he had been instructed to talk with Mr. Slaney regarding the Sloburn Subdivision and the 5% exaction for recreation. The Council decided to hold this for the City Attorney's recommendation. Mr. Herget also told the Council that the Merit Board had sent back the corrections to their By-Laws that were requested by the Council. This relates to the calling of special meetings. Mayor Christy requested that this be on next weekls agenda, Mayor' Christy said that he had received a notice from the Volusia Commission on the Status of Women. The organization is requesting a list of names that could be recommended for appointment to this organization. He added that if anyone in the City is interested in serving on this commission that he would appreciate it if they would contact him. Mayor Christy also called the Council IS attention to a request from the Chamber of Commerce to delay the reading of the Sign Ordinance until the middle of November. Councilman Rotundo made a motion that the Council table the Sign Ordinance until November 19, 1979. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy called a short recess. Meeting called back to order. RESOLUT'IONS The City Clerk read Resolution No, 79-R-89. A RESOLUTION REQUESTING THE VOLUSIA COUNTY COUNCIL TO CONSTRUCT A BICYCLE PATH ACROSS THE GABORDY CANAL AT PALMETTO STREET, BETWEEN THE CITIES OF EDGEWATER AND NEW SMYRNA BEACH; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion that the Council adoot this resolution. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read Resolution No. 79-R-90. A RESOLUTION APPOINTING JEAN HAUGHWOUT TO THE EDGEWATER LIBRARY BOARD; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Astinq made a motion that the Council adopt this resolution. Councilman Ledbeiter seconded the motion. Upon roll' call the motion CARRIED 5-0. ORDINANCES None 01 D. BUS IN E S S Mayor Christy said that the Council has already discussed the alleyway in Florida Shores, The Variance request from the Board of Adjustment for Mr. Perry Barrett is connected with the opening up of this alleyway and the Council decided to hold this also until next week. AUDIENCE'MISCELLANEOUS (Tape 3A10) 5 o o Mr. Robert Witzig spoke to the Council concerning the inspection of construction work in Edgewater. He suggested that the City should have more control over the Building Inspector and possibly consider hiring a Building Inspector as a regular City Employee. Councilman Asting said that he felt that the City Planner and the Building Official should have a Councilman/Coordinator to report to. Mr. Walter Gross spoke to the Council and said that he believed in view of the extremely large amount of building going on in Edgewater that it was physically impossible for one man to carry out these inspections with the detail suggested by some citizens. There are specific areas that must be inspected according to the State, County and City Codes and he thinks Mr. Murphy is doing a very good job. Councilman Rotundo said that it was not up to the Building Inspector to oversee every detail in the construction of a house. The subject of Mr. Gregory.s house was discussed again. The City Clerk was instructed to notify the Building Official to inspect Mr. Gregory.s house including the slab and send a written report back to the Council. There was also a discussion about the forms used for footinas and whether or not there was any specifications set by the Building Code. Mr. Gregory also spoke to the Council. Councilman Sikes said that he understood that Mr. Gregory would not let Mr. Berman correct the deficiencies at the house. Mr. Gregory said that in view of the work done on his house he did not think anybody would let the same contractor do any more work on the house. Mayor Christy said that the Building Code Board had made a decision that Mr. Gregory should select another contractor to make the necessary repairs and Mr. Berman would pay for the work. Mr. Gregory said he had not been able to find anybody who would do this work. He also complained about the attitude of the Building Official. He doesn't think he would have had anything done if he (Mr. Gregory) had not written to the State with his complaints. The Council continued the discussion on the Gregory house. Mr. Opal told the Council that if the Building Official had not gotten a letter from the Florida Construction Board (Mr. Pirtle)this would not have been brought before the Building Code Board. Mr. Mackie asked if Mr. Gregory had ever received a certificate of occupancy for his house. Mr. Gregory said that he was told there was one but he never saw it. Councilman Ledbetter said he did not believe that one person should be responsible for inspecting the electric, plumbing, building, etc. He thinks there should be qualified people for the different types of inspection. Councilman Sikes said that he had asked the Buildin~ Code Board about the qualifications of the inspectors. They told him that the inspectors were qualified. NEW BUSINESS None Councilman Sikes asked to be excused from the Council meetings of October 10th and 15th. Councilman Ledbetter also asked to be excused from the Council meetings of October 10th and 15th. 6 . . . . o o Mayor Christy said that the Council would have to cancel the budget meeting of October 10, 1979 because they would only have three Council members present. Councilman Rotundo made a motion to adjourn the meeting. Councilman Ledbetter seconded the motion. The meeting was adjourned. Minutes submitted by: Nancy Blazi ~- J):JjPe/tr ~XCUS~c! Councilman S/e:; EXcu:J~ j Councilman )u;-?y~ Councilm~ . ~-D / ATTEST: i!{/fyJ ~('U Approved thi s /0 day of October, 1979. Mayor 7