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05-19-1980 - Regular ~ o Q CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING May 19, 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 Zone 3 Councilman Neil J. Asting City Attorney Judson Woods City Clerk Joseph Herget Police Chief Earl Baugh Present Present Excused Vacant Present Present Present Present INVOCATION The invocation was silent. SALUTE TO THE FLAG APPROVAL OF MINUTES May 12, 1980. Councilman Asting made a motion that the Council approve the minutes of the regular Council meeting of May 12, 1980. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. BILLS AND ACCOUNTS Mr. Herget told the Council that there was an addition to the bills. The paving of the Fire Dept. drive that was authorized by the Council last September was estimated to cost $800. However, it was necessary to use more asphalt and the final total was $1,257.30. The ~ouncil should approve the additional cost. Councilman Rotundo made a motion that the Council pay these bills including the additional charge for asphalt. Councilman Asting seconded the motion. Councilman Asting asked about a bill for a scanner? Mayor Christy said that was for the police and was from Federal Revenue funds. Upon roll call the motion CARRIED 3-0. PRESENTATION Mr. Herget said that he had asked Mr. Kee from Telesystems and also a representative from Southern Bell to present their proposals to the Council for an updated telephone system. Mr. Moore, Southern Bell, said that his company had already submitted two proposals. Mr. Herget said that the original proposal appeared to be far too expensive for the City to consider. He had requested that Mr. Crane of Southern Bell come up with another proposal that would be more in line with our budget. He had presented this proposal to the Council and the Council had requested that the possible purchase of our own system be considered. He had contaced three companies in the area which deal in private telephone systems. The Council had authorized the purchase of a used system but that system was sold before we could complete the deal. The Council then considered the proposals, at a workshop, but did not discuss actual price on the advice of the attorney. Q Q There was a rather lengthy discussion with the telephone representatives. Councilman Asting said that he thought the Council should have more 1b information on the cost of these different types of systems. Mayor Christy said that perhaps we could get some more bids. Mr. Woods said that because of the type of service the Council could request proposals and it would not be necessary to advertise. Councilman Asting made a motion that the Council request proposals from the different telephone systems including Southern Bell based on the guidelines given to telesystem for an update of our telephone system. Councilman Rotundo seconded the motion. Mr. Herget said that the original plan for paying for an updated system had been discussed with the supervisors who were willing to .have a percentage taken from their budget to pay for a system. At that time we were talking about the $5,000 system that was purchased by someone else. However, it had been indicated to him that the purchase of a new system could be done by paying for 50% of the system now and 50% after Oct. 1 out of next year's budget. Upon roll call the motion CARRIED 3-0. COMMUNICATIONS Mayor Christy told the Council about the recent accident on the bridge between Edgewater and New Smyrna Beach. This bridge has been I closed for some time and there were signs and barricades but people vi ~ostill use this bridge. We have not been able to get anywhere in ~'~ our efforts to have the County help us rebuild this bridge. Therefore A\ he recommends that this bridge be torn down to prevent any further ~ accidents. Hopefully, at some future time we can rebuild. Councilman Asting asked if this would be done by our own people and by New Smyrna Beach employees too? Mayor Christy said this would be a joint effort. Councilman Asting made a motion that the Council authorize the Mayor to contact New Smyrna Beach to initiate a joint effort to demolish the bridge. Councilman Rotundo seconded the motion. Councilman Asting asked the Mayor to report back to the Council. Upon roll call the motion CARRIED 3-0. Applications for Councilman for Zone 3. Mr. Herget read the City Charter concerning filling vacancies on the City Council. He also reminded the Council that they had authorized him to accept resumes from interested persons regarding the position of Councilman from Zone 3. These resumes had to be in before 4:00 P.M. on May 14, 1980. The resumes were sent to the Council. The people who submitted resumes were: Louise Martin, Phyllis Woodard, James Mackie, James Cameron and G. Lester Mehring. Mayor Christy asked Councilman Rotundo about the possibility of his having to resign. Councilman Rotundo said that in the event the County says that he has to resign he might have to but it is still doubtful. Councilman Asting noted that Mr. Mehring's application was not signed. He added that he had looked at all the applications carefully and his choice for the vacancy for Zone 3 Councilman is James Cameron. He based his decision on the fact that Mr. Cameron is an experienced businessman and he has a background in construction and the City is faced with some serious construction problems. Councilman Asting made a motion that the Council appoint James Cameron to fill the Zone 3 vacancy seat. Councilman Rotundo seconded the motion. 2 u Q Mr.Opal said that at present there were only two Councilmen. They need three Councilmen to have a quorum. Mr. Rotundo's vote is illegal since he has worked for the County for at least 5 weeks. His resigning before June 1st does not mean anything~ he should have resigned last month. The Council has to hold an election since they have two vacant council seats. The Council does not have a quorum to conduct business. He challenges this meeting and he wants it on record. Mr. Woods said that he did not know of any prohibition in the City Charter or State. laws to Mr. Rotundo remaining on the Council. Mr. Opal said that Mr. Woods worked for the City and the County. Mr. Woods said that he was an independent contractor. Mayor Christy said that they were starting to get into personalities and he cannot permit that. Councilman Asting said that he would like the Attorney to answer the question on the matter of the quorum. Mr. Woods said that a quorum was three Council members. The majority of the members constitutes a quorum. An affirmative vote of the majority of the quorum present shall be necessary to enact any ordinance or adopt any resolution. Mayor Christy said that there was only three ways to change the Council. One is by petition~ two is by resignation of the individual ~ three the Governor can replace a person on the Council. For the record~ it should be shown that Mr. Rotundo has a legal vote and is a Councilman until one of the three steps is taken to change that. Mrs. Woodard asked if the resumes could be read. She also asked Mr. Asting if he had any business dealings with Mr. Cameron. Councilman Asting answered that he had no business dealings with Mr. Cameron. (Tape 2 not audible - defective tape) The City Clerk read the resumes that had been submitted. Mayor Christy said that he would like to recommend that the Council consider an election. He added that Councilman Ledbetter had expressed his desire for an election also. Councilman Asting said that this was hearsay. Mrs. Woodard said that she had received over 800 votes in the last election. She also felt that they should go for an election. Upon roll call the motion to appoint James Cameron CARRIED 2-1. Mayor Christy voted NO. Councilman Asting asked that the resolution appointing Mr. Cameron be read and that Mr. Cameron be sworn in at this meeting. Mayor Christy said that the usual procedure was to wait and have the resolution the following week. Councilman Asting made a motion that the Council have Mr. Cameron sworn in tonight. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 2-1. Mayor Christy voted NO. Mr. Woods said that he had a resolution drawn up with the name blank. This could be filled in. The City Attorney read the resolution appointing James Cameron as Councilman from Zone 3. A RESOLUTION DESIGNATING JAMES CAMERON TO FILL THE UNEXPIRED TERM OF WILLIAM GLASER WHO HAS RESIGNED FROM HIS OFFICE AS COUNCILMAN IN ZONE 3~ CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HERE- WITH AND PROVIDING AN EFFECTIVE DATE. 3 o Q Councilman Asting made a motion that the Council adopt this resolution. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 2-1. Mayor Christy voted NO. Mr. Cameron was sworn in by the City Clerk and took his seat on the Council. Councilman Rotundo asked Mayor Christy if he could call up Fire Chief Severance to talk to the Council at this time. Chief Severance told the Council that the Fire Dept. wished to establish a Cadet program for young men between the ages of 11 and 18. These cadets would work around the Fire Dept. and also be involved in various drills with the firemen. The firemen feel that this would be a most worthwhile program for these young men and give them a working knowledge of what the Fire Dept. does. It will be necessary for the City to have extra insurance coverage for this program. Councilman Asting made a motion that the Council support this cadet program. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 4-0. Mayor Christy called a 10 minute recess. 3 COMMUNICATIONS (cont.) The City Clerk read letters from the Zoning Board and the Planning Board recommending that the Council approve t~e site plans for Mr. Robert Webster to build a small commercial building on the west side of U.S. 1 between Knapp Ave. and Winn Dixie. The Planning Board also questioned the procedure for approving site plans. They questioned the length of time an individual had from the date of approval until construction began. They also questioned whether or not an architect's seal was necessary on the site plans. They also questioned the variance that had been given by the Board of Adjustment for a 15 ft. side set back. This might make it impossible for a fire truck to get between the buildings. Mayor Christy said that the Planning Board is supposed to approve these site plans relative to the Comprehensive Plan. The setbacks, and lots size, etc. comes under the zoning ordinance and should be reviewed by the Zoning Board. The architect's seal must be on the plans but that is after the site plan has been approved and it is ready to go to the Building Official for a permit. Councilman Rotundo made a motion that the Council accept the Zoning Board's recommendation. Councilman Cameron seconded the motion. Councilman Asting said that the Planning Board had also recommended approval of this site plan. Mrs. Webber told the Council that the Planning Board did not feel that the Zoning Board had looked into this site plan deeply enough. The Planning Board did not feel they should agree with this approval until everything was up to par. Mr. Siciliano, Zoning Board, said that he differed with Mrs. Webber. The Zoning Board reviewed this site plan as carefully as they do all site plans and it was also reviewed by the City Planner, Building Official and the Supervisors of the Water and Wastewater Dept. Upon roll call the motion CARRIED 4-0. The City Clerk read a letter from the Planning Board requesting that two members be formally appointed to the Planning Board. Mrs. Webber and Mr. Hardock were appointed by Council to the Planning Board but a formal resolution was never drawn up. Councilman Asting made a motion that the Council authorize a resolution appointing Mrs. Webber and Mr. Hardock to the Planning Board. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. 4 o o The City Clerk read a letter from the Board of Governors requesting the Council authorize overtime for employees of the Parks and Recreation Dept. so that they can clean up the area around City Hall after the 4th of July festivities. Councilman Asting made a motion that the Council grant this request. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 4-0. The City Clerk read his report to the Council concerning a party for the Advisory Boards. The Council considered the different prices submitted by the City Clerk and also the different places where this party might be held. Councilman Asting made a motion that the Council authorize a buffet dinner at the Elk's Club and that monies be reappropriated as recommended by the City Clerk. Councilman Rotundo seconded the motion. Mr. Williams spoke to the Council and told them that Friday night at the Elk's Club there is a band and it would be a good night to have this party. Councilman Asting suggested that the Chairmen of the various Boards be notified so that they can canvass their members to find out which month would be most acceptable to the majority of the members. Upon roll call the motion CARRIED 4-0. The City Clerk read a letter from Mrs. Thomas commending the Water Dept. on the improvement of the water in the City and also supporting the proposal for a new golf course in the area. This was for Council information only and no action was taken. Home Occupational Licenses: Mr. Dillard, 1706 High St., applied for a Home Occupational license for a Heating and Air Conditioning Repair business. Mr. Dillard spoke to the Council and told them that he will only use his home for office purposes, telephone calls, etc. There will be no storage on the property. Councilman Asting made a motion that the Council grant this license. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. Mr. Shepard, 3303 Willow Oak, applied for a Home Occupational license for a bulldozer and backhoe business. Mr. Shepard told the Council that he keeps his equipment on Mission Rd. and will use his home only for office purposes. Councilman Asting made a motion that the Council grant this license. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 4-0. COORDINATORS REPORTS Councilman Rotundo made a motion that the Council authorize the Police Chief to attend the Police Chief's Conference at Sanibal Island. June 23 through 25. The approximate cost will be $225.00. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Rotundo also told the Council that the Police Chief has received a request from Higginbotham Chev. to be added to our wrecking rotation system. Chief Baugh told the Council that at the present time we have four wrecker businesses serving Edgewater. It would be to our advantage to have an additional business on this list. 5 o Q Councilman Rotundo made a motion that Higginbotham Chevrolet be added to the rotation list. Councilman Asting seconded the motion. Councilman Cameron asked how many wrecker services there were in Edgewater. It would be nice if we could keep most of this business in Edgewater. Chief Baugh said that we have Miller's Wrecking Service which is in the County, we have Mr. Montesanto which is on the south end and we have Kopec Garage which is in Edgewater. So we have two in our City, one in the County and one in New Smyrna. Higginbotham would make the second one in New Smyrna. This is the same rotation that the Highway Patrol uses for this area. Upon roll call the motion CARRIED 4-0. Councilman Asting told the Council that it was necessary for the City to have someone trained in cross connection control this is required by DER. The course plus expenses would cost approximately $475.00 for the week. Councilman Asting made a motion that the Council authorize Robert Deloach to this school for training in cross connection control. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Asting told the Council that the Council should get an independent engineering firm to check out the Cantex unit. This could eliminate the possibility of expensive litigation. He would like to recommend Camp Dresser and McKee of Orlando who are especially knowledgeable in this particular field. This should settle the question once and for all as to whether or not the Cantex unit is functioning properly and doing the job it was designed for. Mayor Christy asked the City Attorney if we needed to ask for any other firm's proposal on this work? Mr. Woods said that we do not know what it will cost but apparently this firm has expertise in this area of sewer plants so that under those circumstances we could go ahead and get a cost figure from them before we get involved in a formal agreement with them. Councilman Asting made a motion that the Council authorize the Supervisor of the Wastewater Plant to get a cost estimate from the firm of Camp Dresser and McKee. Councilman Cameron seconded the motion. Councilman Cameron asked for some explanation of the problem with the Cantex unit. Mr. Bosse, Supervisor of the Wastewater Plant, gave a brief summary of the problem of the Cantex unit. Mayor Christy said that he would give Mr. Cameron some of the material on this unit that would bring him up to date on the problem. Upon roll call the motion CARRIED 4-0. ~ouncilman Asting told the Council that the report given last week by the Mayor was in error concerning the gasoline consumption of the W/WW. He said that there was only 1 and 1/10 gals. in vehicle fuel consumption between the Street Dept. and the W/WW Dept. Actually, the W/WW Dept. used 614.6 gals and the Street and Garbage Dept. used 2,177.9 gals. The Police Dept. used 1,780.3 gals. Mayor Christy said that he gave the report that he got from Mr. Wilcox. 6 o o Councilman Asting said that the Street and Garbage was over three times more than the WjWW. Councilman Asting told the Council that there was a serious problem on S. Riverside Drive regarding partially stopped up sewer pipes. He gave the Counail copies of a memo from K. Bosse, Supervisor of Wastewater, concerning this problem. He recommends that the Council hold a workshop on this to find out ways to obtain monies for this repair job that has to be done. Over 4300 ft. of pipe is partially blocked in an area on S. Riverside Dr. The Council set Tuesday, May 27th at 7:00 P.M. for a workshop to be held at City Hall. City Attorney Woods told the Council that he has talked with Mrs. Massey regarding sites for water wells. He has not had an opportunity to firm up any sites. He wants to get together with the Supervisor of the Water Dept. to discuss this. Councilman Asting said that he would like to be in on that meeting and also asked Mr. Woods if a tentative agreement had been reached. Mr. Woods said that Mrs. Massey was furnishing him with a survey and he did not know if this would meet our needs. He has not had a chance to review the survey. Mr. Woods also spoke about the FEC regulations that would go into effect soon. He has given the Mayor a copy. Mayor Christy said that the City hoped to get an audible machine. Mr. Woods said that this would be under Federal regulations. Mayor Christy said that Mr. Cameron should have a copy so that they can discuss this next week. City Clerk Joseph Herget said that he had talked with the New Smyrna Beach - Edgewater Humane Society. The Humane Society will license dogs at the Humane Society for people from Edgewater who adopt dogs out there. They will keep receipts and send us the entire funds once each month. Mayor Christy read a letter from the Dept. of Community Affairs regarding our proposed Comprehensive Plan. It will be necessary for the Council to answer this letter and the specific comments made by the DCA within four weeks. The Council should receive copies and he suggested that they contact the City Planner with any recommendations they might have. 4a Mayor Christy also told the Council about a letter from the Dept. of Natural Resources concerning the possibility of a grant to buy the Menard property. The process for an application for this grant would obviously be long and involved. He asked the Council if they wished to pursue this matter any more. The Council agreed that they did not wish to pursue this matter any more. RESOLUTIONS The City Attorney read Resolution 80-R-156. A RESOLUTION OF INTENT TO VACATE THAT CERTAIN FIFTY FOOT RIGHT-OF- WAY LOCATED AT THE END OF EVERGREEN DIRVE, EDGEWATER, FLORIDA, BETWEEN BLOCK 10, LOTS 254 AND 255, AND BLOCK 13, LOTS 315 AND 318, FLORIDA SHORES, UNIT NO.1, MAP BOOK 19, PAGE 209, AND MAP BOOK 23, PAGE 57, OF THE PUBLIC RECORDS OF VOLUSIA tOUNTY, FLORIDA, PROVIDING FOR NOTIFICATION OF THE PROPOSED VACATION TO ALL AFFECTED PROPERTY OWNERS; PROVIDING FOR A TIME AND PLACE AT WHICH OBJECTIONS TO SAID VACATION CAN BE HEARD BEFORE THE CITY COUNCIL CF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. 7 o (.) Councilman Asting made a motion to adopt this Resolution. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. ORDINANCES The City Attorney read Ordinance No. 80-0-54. (Second Reading) AN ORDINANCE ZONING CERTAIN PARCELS OF PROPERTY PRESENTLY KNOWN AS "CEMETERY", EDGEWATER PUBLIC SCHOOL", AND "CHURCH, INTO THE R-4 MULTI-FAMILY DISTRICT; PROVIDING THAT THE CITY CLERK SHALL CHANGE THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA TO REFLECT SAID ZONING CHANGE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ADVERTISING OF THIS ORDINANCE BY THE CITY CLERK AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting made a motion that the Council adopt this Ordinance changing the name of City Planner back to City Clerk as custodian of the records. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-1. Councilman Cameron voted NO due to the fact that he had not been on the Council during the Public Hearings and first reading of this Ordinance. The City Attorney read Ordinance No. 80-0-55. (Second Reading) AN ORDINANCE AMENDING SECTION 603.03(3), R-5A MULTI-FAMILY DISTRICT; SECTION 603.02 (3), R-5 MULTI-FAMILY DISTRICT, SECTION 607.01 (4), R-4 MULTI-FAMILY DISTRICT; SECTION 606.03 (3), B-4 TOURIST COMMERCIAL DISTRICT; SECTION 606.01 (3), B-2 NEIGHBORHOOD BUSINESS DISTRICT; SECTION 607.00 (3), I-I LIGHT INDUSTRIAL DISTRICT; SECTION 607.01, I-I HEAVY INDUSTRIAL DISTRICT AND SECTION 607.02, 1-3 INDUSTRIAL PARK DISTRICT BY REDUCING BUILDING HEIGHTS IN SAID ZONING DISTRICTS; 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 that the Council adopt this Ordinance. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-1. Councilman Cameron voted NO.due to the fact that he did not have previous knowledge of this ordinance. The City Attorney requested that the Council TABLE the "Taxi Ord. II 80-0-52.until next week. A copy will be given to Mr. Cameron. Councilman Asting made a motion that the Council TABLE this Ordinance until the next meeting. Councilman Cameron seconded the motion. Upon roll call the motion CARRIED 4-0. The City Attorney read Ordinance 80-0-57. (First Reading) AN ORDINANCE VACATING THAT CERTAIN PORTION OF FOURTEENTH STREET LYING BETWEEN LOTS 2131, BLOCK 48, AND LOT 2130, BLOCK 47, FLORIDA SHORES SUBDIVISION NUMBER 4, PER MAP BOOK 23, PAGE 104, OF THE PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA; PROVIDING FOR ADVERTISE- MENT 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 4-0. OLD BUSINESS None AUDIENCE MISCELLANEOUS None NEW BUSINESS The Mayor talked to the Council about the Flood Plan. It will be necessary for the Council to pass an ordinance adopting the new regulations. Maps are in City Hall. The final valuation determination has been made by the Federal Govt. The requirements will take effect on Sept. 3. Those 91 above height will be paying 1~ per $100. Those 8 o o 81 wi 11 pay 12~ per $100. The people in the older houses 61 or under will be paying 50~ per $100. Councilman Cameron asked if this ordinance would mean that houses being built in Edgewater have to be x number of feet? Mayor Christy said this is a Federal requirement. The ordinance will have to comply with the federal law in order to get insurance. You pay a very high premium on Riverside Dr. for flood insurance. Councilman Cameron said that assuming a person wants to build a house and they have no mortgage and they don1t care about insurance or donlt want it or donlt care what insurance costs, if the person wants to build a house at the 31 elevation does the City require them to build higher? Mayor Christy said that he did not know the answer to that question. There was one ordinance adopted in 1975 dealing with this situation. Now we will have to have a new ordinance to comply with federal regulations. Councilman Cameron asked if there was a City ordinance in 1975 saying that you had to have certain elevation. He was building a house on Virginia and Mr. Murphy shut the job down and he hadi:to goiin at additional expense and raise the property, plumbing, etc. otherwise he could not continue to build the house. This happened on a second occasion on Riverside Dr. where he has apartments. H~ trucked in many truckloads of fill because he was i'.told Ihe could')noti.bu~lld there withoutf an 81 elevation. H~ was told the City could be sued and that there was an ordinance on flood insurance. Mayor Christy said we do have an ordinance that was passed back in 1975. He would see that Councilman Cameron had a copy of this Ordinance. Mayor Christy also said that VCOG voted to request that Federal Emergency Management Agency and the Florida DCA restudy the flood plan elevations of Volusia County. It is the opinion of the members of VCOG that the elevations previously identified are too high. He will have more information for the Council at the next meeting. Councilman Asting made a motion to adjourn. Councilman Cameron seconded the motion. The meeting was adjourned. ---. ~ K-c!e ~ Minutes submitted by: Nancy Blazi ATTEST: VI#- ty Clerk .~ ~~ Approved this~/II0 day of June, 1980. 9