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11-14-1977 - Regular ~ ~ ~ ~ . CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD November 14, 1977 Mayor Robert H. Cristy called the regular meeting of the City Council of the City of Edgewater, at 7:30 P.M. November 14, 1977 in the Community Center. ROLL CALL Mayor Robert H. Christy Councilman Louis Rotundo Councilman Carl Shell Councilman Walter B. Sikes Councilman Zone 4 City Attorney Judson Woods City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Present Present Vacant Present Present Present INVOCATION Rev. Gensel gave the invocation. SALUTE TO FLAG Mayor Christy announced to the audience that he plans to conduct all meetings according to Roberts Rules of Order as set forth in the Charter. He asked the City Clerk to read a section from the Charter that sets the rules for Council meetings. City Clerk read from Section 2 -42 Addressing the Council. Any person desiring to address the Council shall first secure the permission of the presiding officer so to do, provided however, that under the following headings of business; unless the presiding officer rules otherwise, any qualified person may address the council without securing such proper permission. 1. Written communications. Interested parties or their authorized representatives may address the council by written communications in regard to matters then under consideration. 2. Oral communications. Taxpayers or residents of the city or their authorized legal representatives may address the council by oral communications on any matter concerning the city's business, or any matter over which the council has control; provided however, that preference shall be given to those persons who may have notified the City Clerk in advance of their desire to speak in order that the same may appear on the agenda of the council. 3. Reading of protest, etc. Interested persons or their authorized representatives may address the council by reading of protests, petitions or communications re- lating to zoning, water, sewer and street proceedings, hearings on protests, appeals and petitions, or similar matters in regard to matters then under consideration. After a motion is made by the council, no person shall address the council without first securing the permission of the council to do so. The Roberts Rules of Order, as revised from time to time be and the same are hereby designated and established as supplementary rules of procedure to govern the conduct of meetings of the city council of Edgewater, Florida, when said Roberts Rules of Order are not in conflict with any Charter provision or Ordinance of the City of Edgewater, Florida. " (- ~ ~ Each person addressing the council shall step up to the council table, shall give his name and address in an audible tone of voice for the records, and unless further time is granted by the council, shall limit his address to three minutes. All remarks shall be addressed to the council as a body and not to any member thereof. No person, other than the council and the person having the floor shall be permitted to enter into any discussion, either directly or through a member of the council, without the permission of the presiding officer. No question shall be asked a councilman except through the presiding officer. The Roberts Rules of Order, as revised from time to time, be and the same are hereby designated and established as supplementary rules of procedure to govern the conduct of meetings of the city council of the City of Edgewater, Florida, when said Roberts Rules of Order are not in conflict with any Charter provision or Ordinances of the City of Edgewater, Florida. A-I. While the council is in session the members must preserve order and decorum, and a member shall neither by conversation or otherwise, delay or interrupt the proceedings or the peace of the councilor disturb any member while speaking or refuse to obey the orders of the councilor its presiding officer, except as otherwise herein provided. A-2. Any person making personal, impertinent, or slanderous remarks or who shall become boisterous while addressing the council shall forthwith, by the presiding officer, be barred from further audience before the council unless permission to continue be granted by a majority vote of the council. APPROVAL OF MINUTES Councilman Sikes made a motion that the Council adopt the minutes of the November 7, 1977 Council Meeting. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-0. BILLS AND ACCOUNTS Mayor Christy read the bills for the General Fund account total $5,719.55. Councilman Sikes made a motion that the Council approve these bills for payment. Councilman Rotundo seconded the motion. Phyllis Woodard, Florida Shores asked the Council what the bill for $122.65 from Green Acres Lock & Key was for. Mayor Christy said that it was for the changing of locks at City Hall. Frank Opal questioned the purchases at the American Hardware total $49.43 The City Clerk read a list of the items purchased by the Rescue Dept. Upon roll call the motion to approve the General Fund bills for payment CARRIED 4-0. Mayor Christy read the bills for the Water and Wastewater total $3,915.84. Councilman Sikes made a motion that the Council approve these bills for payment. Councilman Shell seconded the motion. Chairman Rotundo asked about the bill to the Eagle Army/Navy Store. He was told it was for chlorine. Mr. Gross asked for a breakdown of the Water and Wastewater bills because he did not get a copy of the bills and accounts. Mayor Christy apologized for the fact that there were not enough copies of the agenda and bills and accounts. He remarked that he had never seen a larger audience at a council meeting. The Council had not anticipated this many people in the audience. 2 & ~ Martha Rich asked what chemicals we buy from DeWitt Chemicals. Mayor Christy said that he was not expert enough to tell her what type of chemicals we buy from this company. Upon roll call the motion to approve the bills in the Water and Wastewater account CARRIED 4-0. COMMUNICATIONS The City Clerk read a letter from the Department of Environmental Regulation State of Florida, in regard to the City of Edgewater Wastewater Treatment Plant 0 & M report. The letter complimented the City on its new plant and the operation and maintenance of same including the positive attitude of the staff and their high performance. The City Clerk read a letter from Mr. R. J. Duhse requesting a street light in front of his property to discourage vandalism at the construction site. There was also a letter from Mr. Brotherton requesting a street light in the same area. Councilman Sikes made a motion that the Council place the requests for street lights to be reviewed at a later date. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. The City Clerk read a memorandum from the Edgewater Zoning Board recommending that the Pyramid Welding Co. be granted an occupational license. There was a discussion between the Council members and Mr. Wolfe, Chairman of the Zoning Board. Tape IB The City Attorney said he believed the Council would need an Ordinance on permitted use until such a time as Ordinance 880 is amended. Councilman Shell made a motion that the Council table this recommendation until the Public Hearing on Wednesday, November 16, 1977. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. The City Attorney said that the City is not trying to prevent business from coming into Edgewater, but Ordinance 880 lists certain permitted uses that we must follow until the Ordinance is changed in order to protect the City and stay within the law. The City Clerk read a letter from Bennett & Davis, Consulting Engineers regarding the Wildwood Subdivision Job #77-32 requesting the city vacate the old plat which consists of an unopened subdivision and covers part of the proposed Wildwood Subdivision. Councilman Sikes made a motion that the City turn this matter over to the City Attorney for further study. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. The City Clerk read a letter from the State of Florida Department of Community Affairs regarding an application for the Local Government Comprehensive Planning Assistance Fund Program. The letter stated that Edgewater did not rank high enough to receive funding this year. The City Clerk read a letter from R. Bouchard stating that he wishes to deed a part of South 1/2 of lot II for the purpose of continuing New York St. Councilman Shell made a motion that the Council table this request until the next regular Council meeting. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. Mr. Bouchard spoke briefly in behalf of his request. 3 v ~. The Council disucssed Mr. Bouchard's request further with the Attorney and also the question of paving. AUDIENCE MISCELLANEOUS RESOLUTIONS None ORDINANCES None OLD BUSINESS Hospitalization Insurance. Councilman Sikes made a motion that the Council invite the various insurance company representatives to meet with the Council at 10:00 A.M.N6v. 19, to discuss the pros and cons of each bid. The motion was seconded by Councilman Shell. A representative of Blue Cross/Blue Shield asked for a poll of the representatives of the insurance companies present to ascertain if all could attend the meeting on Saturday. The response was affirmative. Mr. Riggs said that the proposal his company submitted contained an error. The total comes to $26.25 instead of $ 30.05, for a final total of $61.49 instead of $65.29. Jerry Walker from Aetna spoke to the Council briefly. Tape 2 Upon roll call Councilman Sikes motion to hold a meeting with insurance representatives on Sat. Nov. 19 at 10:00 A.M. CARRIED 4-0. Attorney recommendstion on Ordinance 932 The City Attorney spoke on the ruling of Judge Miller on the Opal/Ledbetter vs the City of Edgewater. The suit was for declaratory judgement alledging that certain ordinances were invalid in the City, specifically Ordina.nce 932. In his order Judge Miller stated that Ordinance 932 was defective because it did not comply with the Florida statutes when it was drawn by the former City Attorney. That is the title of the Ordinance did not specifically identify which orovisions of the Charter were to be amended. The Judge felt it was unfortunate it was necessary to declare the entire Ordinance to be invalid, however, it was improperly drawn. The Council should now direct the City Attorney to draw up the Ordinance correctly and/or make modifications as they may so choose. One of the provisions under attack in the law suit was the calling of special meetings. Councilman Sikes made a motion that the Council direct the City Attorney to correct the title of the Ordinance to make it a valid Ordinance. Councilman Shell seconded the motion. Frank Opal spoke from the audience. Mr. Lodico also spoke from the audience. Councilman Sikes repeated that there would be no corrections in the Ordinance merely in the title which according to Judge Miller was defective. Upon roll call the motion directing the City Attorney to correct the title of Ordinance 932 CARRIED 4-0. 4 ~ ~ The City Attorney presented a copy of the Final Judgement on Case No. 75-4396-01 Division B, Corbitt Smith vs City of Edgewater. The City Attorney also presented a quit claim deed from Mr. Sechler. Former Mayor Armstrong will deed property to the City with the agreement that the City will construct and maintain a public road on the property. This will give the City access to the Lift Station. The City Attorney read an agreement he had drawn up guaranteeing that the City will construct and maintain a road on this property. Councilman Sikes made a motion to authorize the Mayor and City Clerk to enter into this agreement with Mr. Armstrong and various parties as pertaining to the road right of way on Canal Rd. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. . NEW BUSINESS Unemployment Insurance. The City Clerk read a notice from the Florida State Department of Commerce Division of Employment Security stating that the City is to elect a method of being covered by unemployment compensation. Presently the City is on the reimbursement system and we have the chance to change with the State guaranteeing our rate for two years with .0025 of gross payroll or we can elect to stay on the reimbursement method. The Florida League of Cities is stressing that all cities should stay on the reimbursement method. Mayor Christy said that he did not feel he was thoroughly informed on this subject. Councilman Rotundo made a motion that the Council table this subject until the next regular council meeting. Councilman Shell seconded the motion. Upon roll call the motion was TABLED until the next Council meeting 4-0. Water Tank Maintenance. The City Clerk read a letter from Mr. Kuyk, Utilities Director regarding the maintenance of the water storage tanks. Mayor Christy said that we might have to go out for bids. Councilman Sikes said that. if they go out for bids, they have to be careful because the City already has received a bid in the form of a proposal from Sieg and Ambachtsheer. Councilman Sikes made a motion that the Council table this subject until the next regular Council meeting to give the Council members time to study and evaluate the maintenance of the storage tanks. Councilman Shell seconded the motion. Mr. Gross spoke about the water wells and the utility director. Mayor Christy reminded him that the subject before the Council was the storage tanks. Tape 2B Mr. Kane asked why we didn't have more frequent maintenance on storage tanks. Councilman Sikes explained the necessity for draining the tanks and leaving them empty for 3 or 4 days made it impossible to clean the storage tanks frequently. Mr. Michael Fredericks asked what the total figure was on the maintenance of the storage tanks. Mayor Christy said that the Council could not give that information in case they went out for bids in the future. Mr. Kuyk had merely asked for an inspection of the tanks and the report from Sieg and Ambachtsheer gave the condition of the tanks, recommended maintenance and quoted their price for doing the work. Upon roll call the motion to table this subject until the next council meeting CARRIED 4-0. 5 ~ 00 ~ Zone 4 Councilman Vacancy. Councilman Shell made a motion that the Council table this subject until November 25. Councilman Sikes seconded the motion. Mayor Christy asked Councilman Shell if it was his desire to allow sufficient time for various people to announce their intention to seek this Council seat. Councilman Shell said that it was. Councilman Sikes withdrew his second. Councilman Shell made a motion that the Council table this until November 25 to give everyone time to put in their requests to be considered for this Zone. The Council will then consider these requests at their regular Council meeting November 28,1977. Councilman Sikes seconded the motion. Phyllis Woodard asked that the Attorney read the portion of the City Charter concerning vacancies on the Council. The City Attorney said that it was necessary to go to Resolution 193 that changes the Charter, results of a special referendum held on Sept. 12, 1967. Question No. 4 which provides that the City Council may fill vacancies on the City Council providing no more than two vacancies occur at the same time. Mrs. Woodard then quoted from Section 13, Article 1 of the Charter. She wanted to put a challenge on record at this time, according to 193 that was ruled on by Judge Miller. City Attorney ruled that 193 was valid. Mrs. Woodard said she would like it to go on record that Section 13 says that an appointment shall be made by the City Council if less than 60 days ensues before the next general election. Mayor Christy said that the record shall be so noted. Mr. Gross objected to November 25 as the day to end the submittal of applications for Zone 4. Mayor Christy says that gives people 11 days which should be sufficient. We already have 5 applications. Mr. Opal said that he read in the newspapers that an appointment would be made at tonights meeting. Mayor Christy said obviously the newspaper was in error. It was decided tonight to set a date to accept appointments and make a decision. The date for applications to be submitted- is November 25th, the Council will then make a decision at a regular Council meeting November 28. Upon roll call the motion made by Councilman Shell to have requests for the appointment submitted by November 25 so that the Council could make a decision at the Council meeting on November 28th, CARRIED 4-0. Bad Debts. The City Clerk read a list totalling $533.63 in bad debts that must be written off by a motion of the Council. The City Clerk stated that a record is kept in case any of these people move back into the Edgewater area. Councilman Sikes asked what the policy is when these places are rented by new people not responsible for previous debts. 6 ~ ~ The City Clerk stated that it is the present policy not to turn on the water until the old bill has been paid in full. But this list is debts that have been on the books before that policy went into effect. Councilman Shell asked if anything could be done to collect these debts. The City Clerk said that she did not see how we could collect on most of these debts that dated back 2 or 3 years. For example the largest bill is for $83.23 owed by a firm that has gone bankrupt. We are notified by the bankruptcy court when anyone files and we do file a claim but the chances are extremely slim of ever getting any money. The Water Department has exhausted all efforts to collect these bills. On rental properties we have started holding the owner responsible and we will not give service until the bill is paid in full. Councilman Shell made a motion to do whatever has to be done There was no second. Councilman Sikes made a motion that the Council instruct the City Clerk to write to each person on the list advising them that if this bill is not paid within 30 days the City will turn the matter over to a collection agency. Councilman Rotundo seconded the motion. Mayor Christy said that the only expense to the City would be involved in sending the letter, the collection agencies work on a percentage basis of the money they collect. Councilman Sikes added that if this is a rental property if there is a delinquent utility bill they do not turn the water on. Mr. Kane from the audience asked what the water deposit was for. Tape 3 The City Clerk answered that the present meter deposit is $30.00. The bad debts are balances left after they had taken the meter deposit and applied them against their account. The question was asked how the bill was allowed to continue without any deposit. The City Clerk replied that by Ordinance bills are sent whether the service is used or not. If it is a rental property the City has no way of knowing when someone moves out and we continue to bill them and go out and pull the meter, until someone else comes in to put down a deposit and tells us the house has been vacant for 6 months, we1re still billing it in someone else's name. This is why we have started holding the owners of rental property responsible. At this time we are prosecuting some people in town where we pulled the meter and they reconnected with a garden hose. Mr. Kane asked if the property owner of a rental place would be responsible for tenants even when the tenants had put up a water deposit? The City Clerk said that if a person has rental property. and the people move out, the owner is responsible for the bill as long as the house is vacant, if the renters did not put a deposit and have the bill put in their name. The City Attorney said that the owner of the property is considered responsible for City services to that property, i.e. water, sewer, trash collection. Upon roll call the motion to write a letter to pay in 30 days or turn the matter over to a collection agency CARRIED 3-1. Councilman Shell voted NO. Civil Defense Coordinator and Deputy Coordinator Mayor Christy said that he would like to recommend Larry Perkins as coordinator and Jim Nichols as deputy coordinator. 7 " . J . ~ ~ .... ~ / '- Councilman Rotundo made a motion to accept the Mayor's recommendations. Councilman Shell seconded the motion. Councilman Sikes said that he had no information as to the qualifications of these gentlemen. He feels that we need more information in order to determine their qualifications. Mr. Mackie stated that he was interested in the Civil Defense, he did not know that he had been fired. He is the coordinator of the Civil Defense, appointed by the Council. Mayor Christy said that the Civil Defense coordinator can be changed at any time by any mayor. Technically, according to the Ordinance he has the prerogative of choosing and appointing but he wants to work in a democratic way and have the whole Council approve this appointment. Mr. Mackie said that they should have shown him the courtesy of telling him that new people were being considered for the position. There was further discussion between the Mayor and Mr. Mackie. Councilman Rotundo withdrew his motion. Dana Armstrong stated that Mayor Christy had resigned effective Nov. 8 as Civil Defense Coordinator, he resigned to the City Council which does not have the prerogative/to appoint him. As far as he is concerned Mayor Christy is still the coordinator of Civil Defense until he makes an appointment to have someone succeed him. Councilman Sikes asked why the Mayor was asking the Council about the Civil Defense coordinator when the Council does not have the authority to appoint one. Mayor Christy said he would like to have everyone on the Council in agreement on this appointment. Councilman Sikes made a motion that this subject be tabled until the next regular Council meeting. Councilman Shell seconded the motion. Mr. Fredericks said that he believed qualifications should be submitted for every job pertaining to City Hall. He also asked if Mayor Christy was still the Civil Defense coordinator. Mayor Christy answered that as Mayor he was the Director of the Civil Defense. Councilman Shell asked Mr. Armstrong if he had said that Mayor Christy should give his resignation to the Council, the City or to the head of the State Civil Defense. Mr. Armstrong said that the Ordinance states that the Director of Civil Defense is the Mayor of the City. The Director then has the right to appoint a coordinator and deputy coordinator. Mr. Armstrong said that Mayor Christy had spoken to him about this and said he wanted to get the Council to concur with him on an appointment. Upon roll call the motion to table this subject until the next Council meeting CARRIED 4-0. Council Coordinators: Councilman Shell made a motion to table this until they have filled the Council seat in Zone 4. Councilman Sikes seconded the motion. to get it on the floor for discussion. Mayor Christy reminded the Council that some of the departments had no coordinators at this time. Perhaps the Council could appoint temporary coordinators until Zone 4 seat is filled. 8 o Q ~ Tape 3B Frank Opal spoke about the paid supervisors that the City had. Mayor Christy said that the subject was coordinators, not supervisors. Upon roll call the motion to table the subject did NOT CARRY by a vote of 4-0. Councilman Rotundo made a motion that temporary coordinators be selected. Councilman Sikes seconded the motion. There was a discussion from the audience concerning temporary coordinators, the possibility of an election for Zone 4 and erroneous statements in the newspapers. Upon roll call the motion to select temporary coordinators CARRIED 4-0. Councilman Rotundo made a motion to leave Councilman Sikes coordinator for administration, Councilman Shell coordinator for Street, Councilman Rotundo coordinator for Police, Fire and Rescue and Mayor Christy coordinator for Library, Recreation and Park and Pier and have everyone help with the Water Dept. .Councilman Shell seconded the motion. There was a question on the motion. Mayor Christy asked to have the tape played back. Councilman Shell withdrew his second. Tape 4 Councilman Rotundo made a motion to leave the coordinators as they are but we will help with the water department. There was no second. Councilman Sikes made a motion that we go on the coordinator system on a temporary basis. Councilman Sikes - Administration, Councilman Shell, Street Councilman Rotundo, Police, Fire and Library and the Mayor - Water coordinator until such time as Zone 4 Council seat is filled. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-0. Department Head Raises. Councilman Sikes said that when the budget was prepared certain raises were figured in for certain department heads. At the present time the Police Chief gets $212. a week, Mrs. Blackwell receives $200 a week which was based on a 30 hr. week, now the City Hall is on a 40 hr. week, Mr. Kuyk is getting $200/week. Councilman Sikes made a motion that a Resolution be drawn up increasing Chief Baugh's salary to $12,000 a year, Mrs. Blackwell's salary to $12,000 a year and Mr. Kuyk's salary to $12,000 a year. That amounts to $18.00/week increase for the Chief, $30/week for Mrs. Blackwell and $30/week for Mr. Kuyk. This was considered in the budget. Councilman Rotundo asked about other department supervisors. Councilman Sikes stated that Joe Martine passed the mandatory retirement age but was allowed to work till the end of the year so as not to penalize his social security. Mr. Martine was advised of this. There was no second on the motion. MISCELLANEOUS Meeting with employees. Mayor Christy spoke about the proposed retirement plan. He recommends to the Council that they get together with the employees and discuss this matter. The Mayor also said that many employees had not received a raise since 1975. Councilman Sikes agreed that the Council should meet with employees and discuss this subject. The City Clerk was directed to find out when the majority of the employees would be available to discuss the pension plan. 9 , ., (- OU <.? Councilman Rotundo made a motion that the Council authorize No Parking signs on Riverview Drive from 9 P.M. to 6 A.M. There was no second to the motion. Councilman Sikes made a motion to let the Police Chief and Councilman Rotundo set the signs on Riverview Drive. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. Mr. Gross said that he wanted to discuss the raises. He feels the Police Chief has done a tremendous job. He feels that each raise should be considered on an individual basis and that the Police Chief deserves a raise more than anyone in the City. He also spoke about members of the Council that talk among themselves or snicker when someone in the audience gets up to make a statement. He hopes the Mayor will take notice of this as well as disruptions in the audience. Councilman made a motion that the meeting be adjourned. Councilman Sikes seconded the motion. The meeting was adjourned. MINUTES TAKEN BY: ~ Mayor -~~ ~' Sue Bl ackwell Nancy Blazi ~ Councilman ~ ATTEST: ~~er~ ;/~ Approved this 1'1 day of November, 1977 VA-eft-vI Councilman - 10