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06-09-1980 - Regular ~ .' Q Q CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING June 9, 1980 CALL TO ORDER Vice Mayor Louis J. Rotundo called the council meeting to order at 7:00 P.M. in the Edgewater Community Center. ROLL CALL Mayor Robert H. Christy Vice Mayor Louis J. Rotundo Councilman David C. Ledbetter Councilman James H. Cameron Councilman Neil J. Asting City Attorney Judson Woods City Clerk Joseph Herget Police Chief Earl Baugh Excused Present Excused Present Present Present Present Present INVOCATION Reverend Boggs gave the invocation. THE ABOVE WAS-ON A DEFECTIVE TAPE. A NEW TAPE WAS PUT IN THE RECORDER DURING THE INVOCATION. SALUTE TO FLAG FINAL JUDGEMENT City Clerk Herget read the final judgement concerning the suit against the City of Edgewater, a municipal corporation, Louis J. Rotundo, James H. Cameron and Neil J. Asting by Mayor Robert H. Christy, wherefore judgment in this cause is hereby granted the Defendants, City of Edgewater, a municipal corporation, Louis J. Rotundo, James H. Cameron and Neil J. Asting. APPROVAL OF MINUTES Councilman Asting made a motion to adopt the minutes of the Special Meeting on May 29, 1980. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. Councilman Asting made a motion to adopt the minutes of the Regular Meeting on June 2, 1980. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. BILLS AND ACCOUNTS Councilman Asting made a motion to pay the bills. Councilman Cameron seconded the minutes. Upon roll call the motion CARRIED 3-0. COMMUNICATIONS City Clerk Herget read a letter from the Board of Adjustments requesting that council grant a variance to keep the carport and utility room that was built on the lot line for Mr. and Mrs. Driscoll on Blue Heron Drive. Councilman Asting made a motion to approve this variance. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. City Clerk Herget read a letter from the Board of Adjustments concerning building violations. Councilman Asting made a motion to refer this to the Building Official for an explanation. Councilman Cameron seconded the motion. Mrs. Biggerstaff asked the council how th~ Building Official would know about the addition unless a permit was obtained? - 1 - o o The reply was not audible. Upon roll call the motion CARRIED 3-0. City Clerk Herget read the letter from Mr. Milan Griffith resigning as the Chairman of the Building Code Board and the Planning Board. Councilman Cameron made a motion to accept the resignation with regret. Councilman Asting seconded the motion and recommended sending a..letter of appreciation for serving on the boards. Councilman Cameron agreed with this. Upon roll call the motion CARRIED 3-0. City Clerk Herget read a letter from Mr. J. Harper concernIng the boat dock and park benches. Councilman Cameron asked if Mayor Christy was the Coordinator for Parks and Pier and suggested that the City Clerk advise him that he should be attending to his coordinators work and shape the city up. Councilman Cameron made a motion to have the Mayor see to it that these repairs are corrected and that he should be coattailed a little bit as to his responsibilities as coordinator. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 3-0. City Clerk Herget read the letter from Mr. Jim Hollinger requesting a gospel singing in Edgewater. Councilman Rotundo asked Reverend Boggs if this could be turned over to the Ministerial Association? Reverend Boggs said yes. Councilman Asting made a motion to let Rev. Boggs handle this through the Ministerial Association and corne back to the council with some kind of a reply. Councilman Cameron asked if the fee for the Community Center, which would be $36, could be waived. Councilman Rotundo said that it depended on what this would be for. We will wait to reply on this. Councilman Cameron seconded the motion to refer this to Rev. Boggs. Mrs. Hoffman said that she felt this could turn into a problem. Upon roll call the motion CARRIED 3-0. City Clerk Herget read a letter from Mr. Swanson commending the efficiency of~the June 2nd council meeting. City Clerk Herget read the letter from Briley, Wild Associates concerning the Sewer Treatment Plant. Councilman Rotundo asked Mr. Cross of BWA for enlightenment. Mr. Cross said that.MacMahon had checked this out and the center column was as close to plumbness as it could get and they feel that the contractor has met the terms of the contract. Councilman Rotundo asked Mr. Cross if he felt that the City of Edgewater got a fair shake? Mr. Cross said yes and that this sewer plant is one of the best in Volusia County. Councilman Cameron asked Mr. Bosse if he confirmed what Mr. Cross had stated? Mr. Bosse said yes. Councilman Asting said that he accepted the recommendation of the Consulting Engineer, BWA, in this matter. - 2 - \ o o . City Attorney Woods said that he hoped that everything turned out okay and that there were no future problems. Mr. Cross said that the column was straight. Councilman Asting asked if maintenance would be performed on this through normal wear and tear of the parts that are continually moving. Mr. Cross said yes. Councilman Cameron made a motion to accept Mr. Cross's recommendation to accept the plant as recommended by Mr. Cross. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 3-0. City Clerk Herget read a letter from the City Clerk concerning Federal Surplus property (3 typewriters, 1 projector). Councilman Asting made a motion to return all property to the Department of General Services, Starke Florida, and that the City Clerk notify Mr. Causey to have his staff pick up these items on one of their trips down. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. RECESS 10 minutes. Vice Mayor Rotundo called the meeting back to order. COORDINATORS REPORT Councilman Rotundo had no report. Councilman Cameron commented on a remark about the Water Department and said he felt that the department was doing a terrific job. He also felt that the members of the appointed boards were working at the will of the council. Councilman Cameron made a motion to remove Mr. Frank Opal from the Zoning Board and the Street Lighting Committee. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 3-0. Councilman Cameron then stated that he had observed that two (2) department heads in the city are being used to drive Mayor Christy around and he asked that these people slow down on this. Councilman Asting said that a representative of the Department of Community Affairs will be here at 9:00 A.M. Wednesday, June 11, 1980, to discuss possible changes to our City Comprehensive Plan. This is a matter of considerable interest to us. I therefore make a motion that the council hold a Workshop meeting starting at 9:00 A.M. Wednesday, June 11, 1980, for the purpose of considering comments made by the DCA representative concerning our plan. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. The Planning Board will be notified. This meeting will be held in the Community Center. Councilman Asting said that as certain council members were aware, the Water and Wastewater Departments have been operating without any increase in their budget for the current fiscal year. It is time the council reviewed the situation in these departments. I therefore make a motion that the council hold a Workshop meeting at 6:00 P.M. Tuesday, June 17, 1980 for the purpose of reviewing the financial situation in these departments Councilman Asting also said that in connection with the above, I make another motion that the city auditors review and render a report on W/WW revenues vs. expenditures to determine if rates are sufficient to support continued operations as a self supporting enterprise and that the City Clerk request this action from our auditors as soon as possible. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. LETTER to Brent Millikan. Councilman Asting read the duties and powers of the Mayor from the Code of Ordinances (Section 15). - 3 - " o o Councilman Asting said that as the council is aware, we have an excellent City Clerk in Joe Herget. The scope of his activities encompasses all city operations. It is frequently necessary for him to have meetings with city department heads. The office he now occupies is far too small to adequately conduct the city business. As Administrative Coordinator, I, therefore make a motion to re-locate the City Clerk in what is now the Mayor's office; re-locate the City Planner into what is now the Clerk's office; and provide the Mayor with a desk in the conference room or what is not the Planner's office. My reasons for doing this are that it will make for better working conditions and more efficient use of space for our full time working employees. I include in this motion the transfer of those law books to our city attorney's library for his use in researching laws affecting our city. This will save time and the expense of having to pay the attorney to travel to and from his office to look up any changes to our state laws. Besides, these books were purchased for his use from the city attorney's budget. Further, that there is a duplicate set of these books in the Police Depart- ment for any citizen to use, if he so desires. I further include in this motion that the City Clerk execute the foregoing changes starting tomorrow June 10, 1980, at a time convenient to him. Councilman Cameron seconded the motion. Mr. John Gross said that a letter should be written stating the duties so that the city employees would not be caught in the middle. (His full statement is not audible). 2A Upon roll call the motion CARRIED 3-0. " Councilman Asting reminded the council members to have the information required by a motion made at last weeks council meeting concerning background information into city hall by June 16, 1980. City Attorney Woods had no report. City Clerk Herget read a request from the county concerning a quit claim deed which he turned over to the city attorney. He then spoke to the council about the city's application for Federal Revenue Sharing money. He said the application needs to be signed by the Mayor, Chief of Police and the City Clerk and requested that council authorize the Mayor or Vice Mayor or Acting Mayor to sign this as it has to be back to Tallahassee by June 30th. Councilman Cameron made a motion to have the Vice Mayor sign this in the place of the Mayor. Councilman Asting seconded the motion. Mr. Witzig suggested asking the Mayor to sign this first and if he refused then have the Vice Mayor sign it. Upon roll call the motion CARRIED 3-0. RESOLUTIONS City Attorney Woods read Resolution 80-R-160. A RESOLUTION APPOINTING JAMES H. CAMERON AS COORDINATOR OF THE WATER AND WASTEWATER DEPARTMENT OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion to adopt this resolution. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. Mr. Gross commended the council. City Attorney Woods read Resolution 80-R-161. A RESOLUTION APPOINTING NEIL J. ASTING AS COORDINATOR OF THE FINANCE AND ADMINISTRATION DEPARTMENT OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Cameron made a motion to accept this resolution. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 3-0. - 4 - t o o ORDINANCES City Attorney Woods read Ordinance 80-0-57. AN ORDINANCE VACATING THAT CERTAIN PORTION OF FOURTEENTH STREET LYING BETWEEN LOTS 2131, BLOCK 48, AND LOT 2130, BLOCK 47, FLORIDA SHORES SUB- DIVISION NUMBER 4, PER MAP BOOK 23, PAGE 104, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ADVERTISEMENT OF THIS ORDINANCE BY THE CITY CLERK AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting made a motion to adopt this ordinance. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. OLD BUSINESS Councilman Asting stated that he had not had the chance to go out to 211 Pine Street with Mr. Copeland. Councilman Cameron said he observed the drainage problem and advised Mr. Copeland to measure this and said that perhaps this should be graded out. He also said that he had observed the bridge behind Winn Dixie and said that it was a council action to have the bridge demolished. This was to be a joint effort between New Smyrna Beach and Edgewater. He said that a city employee had been injured on this bridge while repairs were being made. This bridge was to be demolished and now it is just like new. City;Attorney Woods said that he had received a letter from a firm in Orlando that states that they were getting ready to sue the city for the boy getting hurt on the bridge. Councilman Cameron made a motion to have the City Clerk investigate this and find out who authorized this construction to be done and report back to council next week, which will be June 16, 1980. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 3-0. AUDIENCE MISCELLANEOUS Mr. Gross said that the sub-structure of the bridge was okay. Mr. Witzig commended !he council on the efficiency of the last two meetings. Mr. Siciliano publicly complimented Mr. Woods for successfully defending the city and straightening it up. City Attorney Woods thanked the people for their confidence and hopes that the city can be pulled back together and start to get work accomplished instead of bickering. Evelyn Brogan suggested getting the microphones fixed and asked if the councilmen should have protems in case of an emergency. Mrs. Mackie asked what was being done about the advisory board party. City Clerk Herget stated that a letter was sent to all chairmen to find out what dates are agreeable with their boards. Mr. Gross asked what board he was on? City Clerk Herget said that he was on the citizens advisory committee. Mr. Gross felt tlle audience should give the council a standing vote of confidence in hopes that they continue as they are in that respect. Mercedes Hoffman said that the attorney should find out what can be done if Mr. Ledbetter and Mayor Christy could not attend meetings. City Attorney Woods said that Mr. Ledbetter should be approched to find out if he is coming back and Mayor Christy should be here. ADJOURN Councilman Cameron made a motion to adjourn the meeting. Councilman Asting seconded the motion. Meeting adjourned - 5 - .. o Q Minutes submitted by Donna Prevatt ~ 6K G.L~t Councilman b)( C--t.A- t L J. Councilman ~~..- // a~~ / Councilman ~ ~~ l:d. . . - . counci~an Ly 7j~ . ~ATTEST: ~4:1Jy1 Approved this/trt/ day of June, 1980. - 6 -