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10-25-1976 - Regular II, o o CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD October 25, 1976 \\9'-'~~' D ~ ':1"ir u' ~ ~D" ?{l,1 i.. n . ~\}~ \\ , ' \.~i'-~ Mayor Dana T. Armstrong called the regular meeting of the City Council of the City of Edgewater to order Monday, October 25, 1976 at 7:30 P.M. ROLL CALL: Mayor Dana T. Armstrong Councilwoman Ryta F. Webber Councilman William H. Cairnie Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney Judson I. Woods City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION: SALUTE TO FLAG: APPROVAL OF MINUTES: Councilman Cairnie made a motion to approve the minutes of the meetings held October 11,16,18 and 20, 1976, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 5-0 on the 11th, 16th and 18th, and 4-1 on the 20th. Councilman Sikes voting no on the 20th since he was not present. BILLS AND ACCOUNTS: The City Clerk read the list of bills in the General Fund account, and Mayor Armstrong answered some questions about the bills for the tires. The City Clerk read the list of bills in the Water and Sewer account, and Councilman Dietz answered a few questions about these bills. Councilman Cairnie made a motion to pay the bills, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. COMMUNICATIONS: The City Clerk read a letter of resignation from Judson I. Woods, City Attorney. Councilman Cairnie made a motion that we accept the resignation with regrets being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 5-0. Mayor Armstrong expressed his appreciation to Attorney Woods, and wished him luck in his future. Mayor Armstrong commented on a letter from Mr. Benedict of the Department of Transportation, in regard to the four laning of Highway 44. THe letter is stating their intent in regard to this project. o o The City Clerk read a letter from Mr. Bruce Graebner, Director of the CETA program. The City Clerk stated that the next communication is a letter from Mrs. Murphy asking that she be permitted to'address the Council. Mrs. Murphy spoke to the Council about the rezoning of the area on Boston Road during the rezoning of the City by Ordinance 880. This area was changed from a residential zone to a business zone, right next to residential property. She explained that duplexes are now being constructed on this property, and almost anything can now be built in that area. She urged the Council to go and look over this area, and see if something can be done. Mayor Armstrong thanked Mrs. Murphy for bringing this to the Council IS attention, and he entertained a motion that this matter be referred to our Building Official for an investigation and a report to be brought back to the Council. Councilman Dietz made a motion that we turn this over to the Building Official and that he bring a report back to the Council as to any violation of the zoning, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. The City Clerk read a letter from Mrs. Doris Major requesting a street light at the corner of Western Avenue and Wetzel Street. Attached is a letter which she received in 1973 in regard to a request that was made at that time. Tape l-B Mayor Armstrong stated that he can not hardly agree that this is such a dark area. He described the area in question, and reauested the Council to drive through this area at night and check it out. . Councilman Cairnie made a motion that we table this until our next meeting so that we can look it over, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. AUDIENCE MISCELLANEOUS: Mr. Lupineck spoke to the Council about the shrubbery on the corners in Florida Shores. He asked that this be looked into also, along with the street conditions. Mayor Armstrong stated that he is ashamed of the conditions in the Florida Shores area, however the Street Department has done as much as they can with the work load that they have had. He stated that he does acknowledge that there is a problem. Mrs. Woodard spoke to the Council about the weeds growing at the end of Flagler Street going into Florida Shores. She stated that she almost hit a child because her view was blocked. Mayor Armstrong explained that they have been very busy lately trying to get the trash off of the streets, and when these things are pointed out to him he tries to get something done. Mr. John Gross stated that he has reported that the sidewalk is sticking up about 18" down on Bigelow Drive in front of Mrs. Taylorls property and nothing has been done about it. He said that every week this goes up higher. Mayor Armstrong stated that this will be taken care of in the morning. At this time there was some confusion as to whether there was a roll call vote on the motion about the street light. Mayor Armstrong asked for a roll call vote again, said motion CARRIED, 5-0. -2- o o AUDIENCE MISCELLANEOUS, continued: Mr. Millard spoke to the Council, stating that he has met with Representatives Bill Conway, Sam Bell and Lee Strong about the bridge going from Edgewater to the beach. He said that all three of them expressed great hope that we will get such a bridge. Mrs. Woodard stated that she spoke with Mr. Conway about two weeks ago, and he told her that a bridge in Edgewater would not be feasible. Mr. Dugan spoke to the Council about people in Edgewater needing jobs, and he stated that he knows someone was recently hired who just returned from out of state and now lives in New Smyrna Beach. Mayor Armstrong explained that this man was referred to the City by the Florida State Employment Service and was hired on a CETA program, and if these other people would go and register, they may be sent to us too, and there are still openings. A man spoke to the Council about the condition of his street. He stated that his address is 1726 Hill Street. ~ Mayor Armstrong stated that there will be a report on this later, because he and the attorney checked out the conditions on Bradford and Hill Street. He explained that the City does not own that street, Mr. Sindler is the developer who put the street in. He explained that the City is very much concerned about this, but the developer is going to have to come back and finish the job he started. Councilman Sikes stated that Mr. Walters brought him pictures of this street, and he went to look at the property. He said that there is another hazard there other than caving in the streets, the sand is a very loose sand and children are playing in it, and it would be very easy for the sand to fall down on the banks and bury some of the children. He said that although we realize that the responsibility does not fall on the City, we should do something. He added that Mr. Sindler does not have a contractorls license and he is picking up permits through other contractors. We could correct the problem, bill him for it, if he does not pay, we can sue him and any contractor that is picking up permits from Mr. Sindler, we can refuse to issue them any permit. * Mayor Armstrong stated that there are quite a few dangers involved, one being perhaps a cave in of a power line with 13,000 volts on it. He said that it does require something to be done immediately. Attorney Woods stated that he feels there is no question that we must act immediately. He also stated that there is no question that the City never accepted this Quit Claim Deed that Mr. Sindler has on record, and he was negligent in the drainage system. He said that he feels that we must correct the situation and send the bill to Mr. Sindler and if he doesnlt pay it, we can take him to court. Councilman Dietz made a motion that we instruct the Street Department to make the necessary repairs to the canal and the drainage in the area and bring this situation up to the proper condition, of both Bradford and Hill Street, and bill Mr. Sindler, being seconded by Councilwoman Webber. Councilwoman Webber stated that she and the Building Official visited the area, and he has some constructive criticism of the street itself and we might listen to him. Mayor Armstrong stated that the entire situation will be reviewed and taken care of, however he does not want the City to have to pay for the repairs on a street that we do not own. It was suggested that a letter be send to Mr. Sindler notifying him of the Council IS decision, and that no permits will be issued until this is resolved. -3- o o ~ Tape 2-A Mayor Armstrong stated that he prefers that the attorney write this letter. Upon roll call vote the motion to do the repairs and bill Mr. Sindler, said motion CARRIED, 5-0. Mr. Jack Ascheral spoke to the Council at this time, in regard to the City's insurance plans. He stated that he would like to express his feelings in regard to the proper approach to select a group health insurance plan and an agent of record. He said that after talking to a few people, there doesn't seem to be a clear understanding of what the agent of records' responsibilities are. He stated that he wants to pass on some information to the Council about what those responsibilities are. He spoke to the' Council about how the specifications are drawn up, and how the bids are brought in to the City. He also went over the list of responsibilities of the agent of record. Mr. Ascheral answered several questions from the Council, and the attorney. Attorney Woods stated that what he is going to recommend to the Council is that they rescind the Resolution that was adopted the other day accepting the proposal of AETNA, because we are going to have to put this out on competative bids. There was more discussion about the agent of record. Tape 2-B There was discussion about the meeting that the Council had on Saturday morning, at which they accepted an insurance company by looking over several policies and deciding on the best one. Mayor Armstrong explained that we do have to back up if we make a mistake and correct it. He thanked Mr. Ascheral for making his presentation to the Council. RESOLUTIONS: RES. NO. 679 A RESOLUTION DECLARING NOVEMBER 4th, 5th AND 6th, AS BUDDY POppy DAYS IN THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Woods read this Resolution in full. Councilman Sikes made a motion to adopt this Resolution, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 5-0. RES. NO. 680 A RESOLUTION RESCINDING RESOLUTION NO. 678 WHICH ACCEPTED THE PROPOSAL OF AETNA LIFE AND CASUALTY COMPANY TO PROVIDE GROUP INSURANCE FOR THE EMPLOYEES OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read this Resolution in full. Councilwoman Webber made a motion that we adopt this Resolution, being seconded by Councilman Dietz. There was some discussion at this time, Councilman Sikes stated that he does believe that we should consider having an agent of record. Councilman Dietz asked how we go about determining who we want as an agent of record? -4- o o Mayor Armstrong stated that it is his understanding that an agent of record has to have advanced education of the insurance field to a certain degree before he is qualified. He said that your agent of record is your underwriter. ORDINANCES: ORD. NO. 963 AN ORDINANCE ABOLISHING THE MUNICIPAL COURT OF THE CITY OF EDGEWATER~ FLORIDA, IN ACCORDANCE WITH ARTICLE V OF THE CONSTITUTION OF THE STATE OF FLORIDA~ PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Woods read the second reading of this Ordinance by title only. Councilman Cairnie made a motion to adopt this Ordinance, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. ORD. NO. 965 AN ORDINANCE APPROPRIATING THE SUM OF $25,314.00 TO BE RECEIVED BY THE CITY OF EDGEWATER, FLORIDA FOR THE SEVENTH ENTITLEMENT PERIOD~ JULY 1 ~ 1976 THROUGH DECEMBER 31, 1976~ FROM GENERAL REVENUE SHARING TO BE USED FOR THEPURPOSE OF STREET PAVEMENT AND IMPROVEMENTS, REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read the second reading of this Ordinance by title only. Councilman Cairnie made a motion to adopt this Ordinance, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. OLD BUSINESS: Councilman Cairnie made a motion to advertise for the health and hospitalization for the City employees, the specifications to be the same as on the AETNA policy that we had previously selected, or better, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. The wording of the advertisement was discussed. Councilman Cairnie made a motion that the bids are to be returned by November 12, no later that 4:00 P.M., being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. Mayor Armstrong explained that we already have firm quotes of fifteen policies. They will have to reaffirm their bids. Mayor Armstrong stated that Briley, Wild was suppose to talk to him about that application and they never did. He said that he would call them and find out what has happened. Councilman Cairnie stated that the Library Board is meeting with the architect tomorrow at 1 :00. NEW BUSINESS: Mr. Opal spoke to the Council about the cases of head lice which have been in the school. Mayor Armstrong stated that he will talk to someone at the Health Department about this. -5- o Q Mrs. Woodard spoke to the Council about this, stating that the school had an epidemic as soon as school started and it is not a laughing matter. She said something should be done about it. Councilman Dietz stated that we should go to the Board of Health about this. Mrs. Woodard suggested that theCity write a letter to Dr. King. Mrs. Walker stated that they are forming a mother's group who are going to check the children for the teachers because it is taking away from their school work, and it is a problem, but the Health Department will cooperate. Mr. Opal spoke to the Council about the City of Edgewater forming a Police Auxiliary for the retire policemen in the area. Mrs. Turner reported to the Council that on July 13, George Cameron brought plans to the Zoning Board for building a duplex to be built on Riverside Drive by Boston Road. Since the property is Zoned B-4, the Zoning Board stated that they see no problem in what Mr. Cameron is planning. Mrs. Walker questioned the Council about the legality of putting signs on the telephone poles and utility poles around the City. Mayor Armstrong stated that it is not legal to put signs on the public right- of-way anywhere. ADJOURN: Councilman Dietz made a motion to adjourn, being seconded by Councilman Cairnie. Said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler /;:.-~~ Y' ;2. ~/_~ Y<e.5 May-or / ~~man" CJv~ r ~' v 16 / /" ,(' / r ~r_;; // \7 l' ~~ A/~ J lJ- { ~ r;:y ATTEST: ~~k~ . j- Approved thl s ( day of ~ , 1976 {;~.;r aZ--$~ Cou an // / // L ~/~-r_ Councilman L -6- GENERAL FUND: News Journal Corp. Tennant Printing Co. Edgewater Mfg. Co. Steve Kelley Dennis Warren Larry Westfall Earl Copeland Coastal Office Machines J. E. Tumbl ine City of Edgewater Syntonic Technology Xerox Florida Fire & Safety Hughes Supply Magnolia Motor Co. McRoberts Tires WATER AND SEWER: City of Edgewater City of Edgewater Gen.Fund Scientific Products Environmental Specialties Badger Meter, Inc. Sav-On Utility Supplies Electra-Tronics, Inc. The Foxboro Company o o BILLS AND ACCOUNTS October 23, 1976 Legal Ads Election Expense Park & Pier P.O. P.O. P.O. Street paving City Cl erk Emp. Insurance Petty Cash P.O. (radar unit. repair) Misc.(monthly bill) City Hall, P.O., Fire, Shufflebrd. Library Garbage Street, Garbage 11.90 42.90 89.00 14.07 48.60 28.14 1,000.00 9.00 201 .51 24.67 61.50 145.00 23.50 50.45 16.11 206.00 1,972.35 Petty Cash Equipment Rental Sewer Water Water Water Sewer Sewer .23 350.00 39.42 36.58 504.00 241 . 15 50.74 29.80 1,251.92