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06-02-1980 - Regular ,.. , ~ ~ o CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING June 2, 1980 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 James H. Cameron Councilman Neil J. Asting City Attorney Judson Woods City Clerk Joseph Herget Police Chief Earl Baugh Present Present Excused Present Present Abs:ent, * Arrived Late Present Present Mayor Christy said that due to the fact that we are now in litigation, there will be a hearing Thursday at 9:00 A.M. in the Court Chambers in Daytona. The Honorable Judge Durden will be the presiding judge. Therefore, we do not have a quorum. He asked Councilman Rotundo if he planned to resign tonight. Councilman Rotundo said he did not plan to resign tonight. Mayor Christy said that they did not have a quorum and the Council will recess until Thursday evening. * ~lay.or Christy lef1tllthe Council meeting. City Attorney Judson Woods arrived at this point in the meeting. Councilman Asting asked for a ruling from the City Attorney on whether or not there was a quorum present. Mr. Woods said that the Council has a quorum and they should go on with the meeting. Vice Mayor Rotundo took the chair and continued the meeting. INVOCATION There was a silent invocation. SALUTE TO THE FLAG APPROVAL OF MINUTES Councilman Asting made a motion that the Council adopt the minutes of the May 19, 1980 Council meeting. Councilman Cameron seconded the motion. Upon ro''- call the motion CARRIED 3-0. BILLS AND ACCOUNTS Councilman Asting made a motion that the Council approve these bills for payment. Councilman Cameron seconded the motion. Upon roll cal the motion CARRIED 3-0. ~.' ~ o COMMUNICATIONS The City Clerk read a letter from the Friends of the Library requesting a donation of $300.00 for the Sixth Annual Folk Art Festival. Councilman Cameron made a motion that the Council approve this donation, if the funds are available. Councilman Asting seconded the motion. Mr. Herget recommended that the Council consider appropriating $300.00 from other current charges and place that into promotional activities. Upon roll call the motion CARRIED 3-0. The City Clerk read a letter from Mr. L. Temple expressing his pleasure at the appointment of Mr. Cameron as Councilman and also requesting information on the respective backgrounds on the other Councilman. Councilman Asting said that he would like to comment on this letter. He believes it is an excellent idea for members of the Council to make information on their backgrounds available to the public. Councilman Asting made a motion that Council members turn in written biographical information containing their name, date and place of birth, education, business experiences, military service, type of discharge and organizational memberships. Councilman Cameron seconded the motion. Councilman Asting amended his motion to add that this information be submitted to the City Clerk by June 16, 1980. Councilman Cameron seconded the amendment. Upon roll call the motion and the amendment CARRIED 3-0. The City Clerk read a letter from Mr. D. Eaton concerning adrainage problem near his home in Florida Shores. Vice Mayor Rotundo asked Mr. Copeland, Supervisor of the Street Dept., if he was aware of the problem and if this had been checked out? Mr. Copeland said that he had inspected the area near Mr. Eaton who lives at 211 Pine Ave., and there is a problem at Mr. Eaton's house. He would like the Council to look at this place. (The floor microphone was not working and Mr. Copeland's words are difficult to hear). Vice Mayor Rotundo asked if this problem just existed at Mr. Eaton's house. Mr. Copeland said that Mr. Eaton's house was built too low. Councilman Cameron asked if they could have a workshop and go and look at this place. He also noticed that action had been taken last week to demolish the bridge between New Smyrna Beach and Edgewater. Council had taken action to have this bridge demolished but it appears as if this is not being done. It might be a good idea if the Council could inspect this area too. Mr. Woods said that it might be a better idea if the Council inspected these places individually. Vice Mayor Rotundo asked Mr. Copeland if he would get together with the Council members on an individual basis and take them to inspect the areas in question. Councilman Asting said they would report back to the Council at the next meeting. The City Clerk read a letter from Mr. R. Duhse concerning illegal overnight parking near Sanchez St. and Riverside Drive. 2 IB .. Q o Chief Baugh told the Council that he had been made aware of this problem and has issued orders to all patrolmen to check this area and make sure there is no overnight parking there. He is also working with the Street Dept. to get a sign put up there. Councilman Asting said that the letter was addressed to the Mayor and asked the Mayor to use his authority to resolve this problem. The Mayor does not have any more authority than any other Councilman. The City Council governs the City, not one individual and it is so stated in our City Charter. Councilman Cameron asked the City Clerk to write to Mr. Duhse and advise him of the action taken by the City. The City Clerk read a letter from Gene Harris concerning the problems he had encountered in his efforts to build a subdivision in the City. Mr. Harris attributed many of these problems to Mayor Christy and questioned whether or not there was a conspiracy against him or if there was inadequate leadership by the Mayor. Councilman Cameron said that all Council people have an obligation to the citizens of Edgewater and should not use his office to harass any citizen as appears to have happened here to Mr. Harris. A member of the audience spoke to the Council but would not come up to the microphone. Councilman Rotundo said that he agreed with Mr. Harris that we should stop the name calling and get back to important City business. The City Clerk read a letter from H. Brown of Brown's Air Conditio~ing Service concerning home occupational licenses that have been issued by the Council to people that have not received the necessary competency cards for the trade. Mr. Brown suggested that the application forms be revised to insure that the applicants have met all requirements in Ord. 941. Also that the Building Official and City personnel who issue these licenses be made more aware of the requirements of Ord. 941. The City Clerk said that this problem had been called to the attention of the Building Official who has written to several p~ople who recently received licenses without a competency card. These licenses have been revoked until the requirements of Ord. 941 are met. Councilman Asting suggested that the City Clerk revise the application form so that it will contain the necessary information showing whether or not the applicant has a competency card. The City Clerk read a petition from residents who live in the vicinity of the Sewer Plant complaining of the odors from the plant. They have requested that some action be taken to remedy this situation. The petition was signed by 14 persons. Vice Mayor Rotundo asked Mr. Kevin Bosse, Supervisor of the Sewer Plant, to explain this problem to the Council. Mr. Bosse told that Council that it was not feasible to try and take care of this problem. It is common to all sewage treatment plants especially those located in this type of climate. The weather effects the odors. He also said that several residents in the area have been using sludge from the plant as fertilizer. The City has tried using someJform of deodOrant but often the mixture of the sludge and the deodorant is more offensive than the odor of the sludge. If the plant could be kept extremely clean at all times it would help control the problem. Unfortunately, due to budget considerations, the plant is understaffed and the constant cleaning of the plant is not possible with the few number of employees we have at this time. The City is continually trying to minimize this problem but the effiort ~s not always ieffective. Vice Mayor Rotundo called a 10 minute recess. Meeting call back to order. 3 Q Q COORDINATORS REPORTS Vice Mayor Rotundo said he had no Coordinator's Report. Councilman Cameron asked that two letters be read into the record. The City Clerk read the two letters. One was addressed to Mr. Cameron and stated objections to remarks made about Mr. Cameron by Mayor Christy. The letter requested that the name calling stop and that the citizens be allowed to make up their own minds about the qualifications of the Councilmen. The second letter was addressed to Mayor Christy. This letter criticized the Mayor for causing problems with the Council and told the Mayor to stop the namecalling. A member of the audience asked who sent those letters? The City Clerk said that the letters were unsigned. Councilman Cameron said that at the last regular meeting, the Mayor had said he would get a copy of a 1975 ordinance for Mr. Cameron. He has not yet received this copy and he requested that he be given a copy of this ordinance. Councilman Asting said that he understood that a request had been made to the Police Dept. for four-way stop signs on 26th and Hibiscus. Chief Baugh said that they were starting to put these signs up. The signs are expensive and they are trying to get some made at the St. Dept. from old signs. Councilman Asting continued his report1by telling the Council that it was necessary for the Water Dept. to run a 6" water line from U.S. 1 down Turgot Ave. to the Sloburn Subdivision. There is not a sufficient amount of pipe in stock with the City and we need to order 700' of 160 psi PVC water pipe. The cost will exceed $1000.00 and Council authorization is needed for this purchase. J . The Council consider the quotations submitted by the Supervisor of the Water Dept. The lowest quote was from Southeastern Municipal Supply Co. Councilman Asting made a motion that the Council authorize the purchase of 700' of 160 psi PVC water pipe from Southeastern Municipal Supply Co. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. Councilman Asting said that he wanted to bring another matter to the attention of the Council. It concerns the pay increases for the three supervisors of the Water and Wastewater Dept. from $12,250 per year to $13,000. He made a motion that the Council grant the pay raises to $13,000.00. Councilman Cameron seconded the motion. Councilman Cameron asked the City Clerk what the current salaries of the Supervisors was. Councilman Asting said that supervisors in New Smyrna Beach averaged between $14,378. to $17,568. for doing the same job. 2a The City Clerk read the current annual salaries of the supervisors. There was some question from the audience concerning these raises. Councilman Asting said that these people were underpaid in comparison to similar jobs in other cities of the same size. Upon roll call the motion CARRIED 3-0. Councilman Asting told the Council that he would like to be relieved as coordinator of the Water/Wastewater Dept. and appointed as coordinator of Finance and Administration. Councilman Asting made a motion that Mr. Cameron be appointed as Coordinator of the Water/Wastewater Dept. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. 4 o u Councilman Cameron made a motion that Mr. Asting be appointed as coordinator for Finance and Administration. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 3-0. City Clerk Joseph Herget told the Council that the City has received proposals from engineering firms. Most of these proposals .are lengthy and require a lot of time to study them thoroughly. Twelve firms have submitted proposals. The supervisors of the W/WW Dept. would like to have the opportunity to screen all these firms with the help of the City Planner and come up with the top three firms present their recommendations to the Council. It will take until mid July to reach an intelligent decision. He needs to know if this suggestion is acceptable to the Council. Councilman Asting made a motion that the Council accept the suggestion made by the City Clerk and allow the supervisors of W/WW and the City Planner to screen the engineering firm proposals and report back to the Council. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. The City Clerk also told the Council that the City had been requested to file an affidavit concerning the City dump. This affidavit has to be signed by the Mayor. He would like Council authorization for submitting the affidavit. Councilman Cameron made a motion to have the Mayor sign this affidavit. Councilman Asting seconded the motion Upon roll call the motion CARRIED 3-0. Councilman Cameron amended his motion to add that if the Mayor is not able to sign this affidavit then the Council authorizes the Vice- Mayor to sign. Councilman Asting seconded the amendment. Upon roll call the amendment CARRIED 3-0. Mr. Herget said that the reason for this affidavit was so that if anyone should purchase this property in the future they would know that it had been used for a dump. The City Attorney had no repart. RESOLUTIONS Mr. Woods said that Resolution No. 80-R-156 has already been read. This concerns the intent to vacate property on Evergreen. :IThe request has been made by the Magnuson Corp. If there are no objections from adjacent property owner~ then it will be up to the Council to direct an ordinance be written, if the Council wishes to vacate this land. Councilman Asting made a motion that this be tabled for further study and that the City contact Magnuson Corp. to find out if there could be a land swap in connection with this property. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. The City Attorney read Resolution No. 80-R-155. A RESOLUTION PROVIDING FOR AN INCREASE IN SALARY FOR TERRY WADSWORTH, KEVIN BOSSE AND WILLIAM FEENEY SUPERVISORS OF THE WATER/WASTEWATER DEPARTMENTS, CITY OF EDGEWATER, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion that the Council adopt this Resolution. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. The City Attorney read Resolution No.80-R-158. A RESOLUTION APPOINTING RYTA WEBBER AND STEVE HARDOCK TO THE EDGEWATER PLANNING BOARD OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion that the Counriil adopt this Resolution. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. 5 o u The City Attorney read Resolution No. 80-R-159. A RESOLUTION APPOINTING NEIL ASTING AS ACTING MAYOR OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Cameron made a motion that the Council adopt this Resolution. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 3-0. ORDINANCES The City Attorney read Ordinance 80-0-58. (Second Reading). Mr. Woods asked what Ordinance 80-0-47 concerned? Mr. Herget said that was the original ordinance amending 602.02. Mr. Woods said that we did not want to get these mixed up. No. 80-0-58 had been duly advertised. AN ORDI~ANCE AMENDING SECTION 602.02 (c) R-IA BY PERMITTING SINGLE FAMILY TWO STORY RESIDENCES WITH A MAXIMUM HEIGHT LIMITATION OF 22 FEET AS A SPECIAL EXCEPTION IN SAID DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ADVERTISEMENT OF THIS ORDINANCE BY THE CITY CLERK AND PROVIDING FOR AN EFFECTIVE DATE. Ordinance Councilman Asting made a motion that the Council reject this Ordinance. Councilman Cameron seconded the motion. Upon roll call the motion to REJECT, CARRIED 3-0. Councilman Asting said that he rejected this ordinance because it was discriminatory. The City Attorney read Ordinance No. 80-0-47. (First reading) 2b AN ORDINANCE AMENDING SECTION 602.02 (a), R-IA SINGLE FAMILY RESIDENTIAL DISTRICT, BY DELETING FROM SAID SECTION 1I0NE STORYII, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting said that this ordinance had been read before and the vote was a standoff 2-2. Mr. Woods said that it would still have to be read again and adopted or not adopted on a first reading basis. Councilman Asting made a motion that the Council adopt this Ordinance. Councilman Cameron seconded the motion. Mrs. Leo Turner questioned the two ordinances and stated that it was confusing to know what the Council had passed. Mr. Woods explained that Ordinance 80-0-58 was a revision of Ordinance 80-0-47. The Council had just rejected Ord. 80-0-58 on a second reading and adopted Ord. 80-0-47 on a first reading. Upon roll call the motion CARRIED 3-0. The City Attorney read Ordinance No. 80-0-52. (First reading) AN ORDINANCE ESTABLISHING CHAPTER 20 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, TO BE ENTITLED IIVEHICLES FOR HIREII PRO- VIDING FOR THE QUALIFICATIONS, REGULATING, CONTROL AND RESTRICTIONS OF TAXICAB OWNERS AND OPERATORS WITHIN THE CITY LIMITS OF EDGEWATER, FLORIDA; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH. Councilman Cameron made a motion that the Council adopt this Ordinance. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 3-0. 6 Q u The City Attorney read Ordinance 80-0-59 (First Reading) AN ORDINANCE AMENDING SECTIONS 715.00, 715.01, 715.02, 715.03, 715.04 and 716.00 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA FOR THE PURPOSES OF CLARIFYING THE WORDING IN SAID SECTIONS; REPEALING 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 that the Council adopt this Ordinance. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. Mrs. Rich asked the Council if this had anything to do with fences between business and residential areas in the site plans? Mr. Woods said that this had nothing to do with that problem. Vice Mayor Rotundo said that Mrs. Rich should bring her complaint to the Council. Mrs. Rich says she has complained too many times and nothing has been done about it. The City Attorney read Ordinance 80-0-60. (First Reading) AN ORDINANCE GRANTING A CHANGE IN ZONING ON CERTAIN REAL PROPERTY IN THE CITY OF EDGEWATER, FLORIDA NOW OWNED BY FRANK HALL FROM ITS PRESENT ZONING CLASSIFICATION OF R-2A TO B-2; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion that the Council adopt this Ordinance. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 3-0. OLD BUSINESS None AUDIENCE MISCELLANEOUS Mercedes Hoffman, 126 Wildwood, talked to the Council about the problem that Edgewater citizens have encountered when they try to use the Park and Pier, especially when they want to dock a boat. She feels that this area should be used by the citizens of Edgewater that have paid for this area and for the maintenance of it. She wanted to know if stickers could be issued for residents and out of town cars would be towed away. There should be something we can do to give the residents a chance to use this area. Vice Mayor Rotundo said that he believed this problem had been called to the attention of the Board of Governors who have responsibility for the Park and Pier. The Council hopes to get some recommendations from that Board on possible solutions to the problem. Mr. Woods said that action preventing out of town people from using the area would be discriminatory. Somewhat like denying Edgewater residents the use of the beach in New Smyrna. The City could get into a lot of trouble. Councilman Asting requested that the City Clerk send a letter to the Board of Governors asking for recommendations. Other members of the audience spoke about this problem and suggested possibly charging for the use of this area. Mr. Cochran told the Council that they would have a much bigger problem if they tried to charge for the use or tried to keep out people who were not residents. The river like the ocean is public property for use by everyone. 7 o u The suggestion was also made that some changes be made in the area to allow for more room for parking cars. 3A NEW BUSINESS None Vice Mayor Rotundo asked the City Attorney about the hearing on Thursday at 9:00 a.m. in Daytona. Mr. Woods said that he understands that there is a case and that it has been filed. Vice Mayor Rotundo asked if that involved any of the Council members? Mr. Woods said that he did not know, he would have to see the suit. Councilman Cameron made a motion to adjourn the meeting. Councilman Asting seconded the motion. The meeting was adjourned. UI~~ Mayo r '"' ~ Minutes submitted by: Nancy Blazi fYlRYOt. ,-cuu".k~ ~~~1 Councilman ~~#rl~ I Ccunci lman :%< -- " )~' VL . . . /,,' ~.. Councilman -- '1 7ft6 ~ST: ~ "ty Cler~ Approved this91'h' day of June, 1980. 8