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10-30-1978 - Public Hearing/Regular - ~ "" ~ ~f"\ / a ~ - a \.,J . \,' """- I \ \ \ \ \ \ \ ~ CITY OF EDGEWATER PUBLIC HEARING ~ctober 30, 1978 Mayor Cht'isty called the Public Hearing to order at 6:30 P.M. The hearin~ was for the purpose of discussing the imposition of a front foot assessment for sewer line installation on Juniper St. ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman Carl Shell Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney Judson Woods City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Excused Present Absent Present Present Present . I The City Attorney, Mr. Woods, reminded the Council that a Resolution had been oassed to show intent to impose a front foot assessment on certain streets within the City of Edgewater. Juniper was one of these streets and also Thomas St. specifically. We have more or less ruled out trying to go on Virginia and Dayton streets at this time. The hearing tonight is to discuss Juniper St. We have now reached the point following the procedure set out by Florida statute 170.08, where it says at the time and place named in the notice provided for in section 170.07 which is the notice which has been published and sent to property owners on Juniper! The governing authority of the municipality shall meet as an equalizing board to hear and consider any and all complaints as to such special assessment and shall adjust and equalize the said assessments on a basis of justice and right,and when so equalized and approved by resolution or ordinance of the 90verning authority, such assessments shall stand confirmed and remian legal,_ valid and binding first liens on the property against which said assessments h a v e bee n mad e u n t i 1 p aid; pro v ide d how eve r, t hat u p 0 n com p 1 e t ion of the improvement the municipality shall credit to each assessment the difference in the assessment as originally made, approved and confirmed and the proportionate part of the actual cost of said improvement to be paid by special assessments as finally determined upon completion of said improvement, provided that in no event shall the final assessments exceed the amount of benefits originally assessed. Promptly after such confirmation, the assessment shall be recorded by the City Clerk in a special book to be known as the improvement lien book and the record of the lien in said book shall constitute prima facie evidence of its validity. .-/ Mayor Christy asked for comments on the proposed assessment on Juniper St. from members of the audience. Mr. Rock Bouchard spoke to the Council concernin9 the house he has built on Juniper St. Mr. Bouchard has already paid an impact and connecting fee and was promised that sewer lines would be installed. He has already quoted a selling price and that would be increased if he is charqed a front foot assessment. He had originally planned to put in a septic tank but now it would be extremely expensive to put in a septic tank and he would have to destroy some of the trees on the property. There are only two houses on that street and he does not understand why the City is running sewer lines on this street. He wants a sewer line and he was promised a sewer line but he does not think it would be fair for the City to assess his property after they had taken the hookup fees and promised him a sewer line would be installed. \ \ , r---- u u Mayor Christy asked Mr. Kuyk, Director of Public Works, to explain why the City is putting a sewer line down Juniper and what the expenses will be. Mr. Kuyk told the Council that he did not have the vaguest idea. Councilman Sikes asked how far Mr. Bouchard's property was from the nearest sewer line. Mr. Kuyk said it was about 400 ft. Councilman Sikes asked why Mr. Bouchard was not allowed to put a septic tank in. Mr. Kuyk said that as far as he was concerned there was no reason why Mr. Bouchard could not have put a septic tank in. Mr. Bouchard said that he had told Mr. Dietz that he should be allowed to put a septic tank in and Mr. Dietz had told him that there would be sewer lines there. After the slab was poured and the pipe was already too low in the ground for a septic tank, Mr. Dietz told him he could put in a septic tank. Now, however, it would be necessary to put in a lift station because the pipes are too low. He has been notified that the City would put a temporary line in with a lift station which the City will pay for. If the sewer installation is improved then they will have to take all that out within a couple of months and charge him front foot assessment. He does not understand why the City wants to spend all this money and put in equipment that will have to be taken out in a short period of time if the front foot assessment for installation of sewer lines on Juniper St. is approved. Mayor Christy asked Mr. Kuyk to explain this temporary line installation. Mr. Kuyk said that Mr. Bouchard was promised a sewer line and it is the obligation of the City to provide him with this service at the least possible cost. This equipment can be used later in other projects. There was a discussion about the cost of the installation of a temporary sewer line. Mayor Christy read a letter from Briley, Wild and Associates concerning their recommendations for a temporary sanitary sewer service for the Bouchard property on Juniper St. BWA listed alternatives but suggested that a permanent line be installed if the emergency funds could be found. Councilman Sikes said that he did not like temporary solutions because the work has to be done allover again later on a permanent basis. He asked Mr. Kuyk what the cost would be to extend the line down Juniper. Mr. Kuyk said that there was an estimate of over $18,000.00 to do the complete system. He felt this estimate was overinflationary. The problem for Mr. Bouchard is that he wants to sell his house and that is why a temporary hookup has been suggested. Mr. Woods said that the City would return the fees that Mr. Bouchard has already paid. Mr. Bouchard said he did not want this back. He has already figured this cost into the price of his house and if he has to add a front foot assessment cost he would lose money on this house. Mr. Kuyk said that whoever purchased the house should be made aware of the possible front foot assessment and that Mr. Bouchard would not be liable for it, if he sold the house. 2 ~ u Mr. Opal asked what other streets were being considered for sewer installation lines. Mayor Christy said that we were only discussing Juniper St. at this Public Hearing. Councilman Sikes proposed that the Public Hearing be adjourned. Councilman Rotundo seconded the motion. The Public Hearing was adjourned. CITY OF EDGEWATER REGULAR COUNCIL MEETING October 30, 1978 Mayor Christy called the regular meeting of the City Council to order at 7:05 P.M. in the Community Center. ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman Carl Shell Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney Judson Woods City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Excused Present Absent Present Present Present INVOCATION There was a brief silent invocation. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Sikes made a motion that the Council approve the minutes of the October 23, 1978 meeting. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. Councilman Sikes made a motion that the Council approve the minutes of the October 25, 1978 Council meeting. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 2-1. Councilman Sikes voted NO due to absence. BILLS AND ACCOUNTS Councilman Sikes made a motion that the Council approve the bills and accounts for payment. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. / COMMUNICATIONS The City Clerk read a letter from Mr. William Glaser of Needle Palm requesting that something be done about the heavy truck traffic in the area. Mayor Christy said that the Police Chief had already posted notice that citations were to be issued to truckers not using the proper routes in the Florida Shores area. Local trucking agencies have been notified and are expected to obey and follow designated routes. 3 u u The City Clerk read a notice from the Department of Community Affairs concerning a workshop on grants. Councilman Rotundo made a motion to table this until November 13, 1978 Council meeting. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 3-0. The City Clerk read an invitation to the Volusia League of Municipalities Dinner-Meeting. She requested that the Council members notify her if they plan to attend. COORDINATORS REPORTS Councilman Rotundo - no report. Councilman Sikes - no report. Mayor Christy said that he had a request from the Edgewater School Patrol for permission to hold a turkey shoot at the old City Dump. Fire Chief Russ Foster has discussed this and would help supervise this fund raising event. Councilman Sikes made a motion that the Council approve this request subject to permission from proper County authorities and conformance with all conditions specified by the proper authorities and assumption of all liability for property damage and personal injury by the sponsors of the Patrol. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. Mayor Christy said that the City had received a request for annexation of certain properties. A petition has been presented to the City by property owners for annexation. Attorney Woods asked the Council to table this until the next meeting so that he has an opportunity to study this request. Mayor Christy said that he would like to suggest that Edgewater form a historical society to research the history of the City. Councilman Sikes suggested that this should be turned over to the Library Board for their recommendation on the formation of such a group. Mrs. Harmon, Librarian, spoke to the Council and said that she would present this request to the Library Board at their next meetinq. Mr. Asting spoke to the City Attorney and sa1d that for the benefit of the new Councilmen, he wished to request that the Attorney prepare a summary of the code of conduct for public employees and officials, rules of the sunshine law and public records disclosure. Mr'. Woods said that he would be glad to get this information to', Mr. Asting but requested a time period of about two weeks to complete preparation of the material. RESOLUTIONS The City Attorney read Resolution No. 78-R-8. A RESOLUTION APPOINTING LOUISE MARTIN TO SERVE THE UNEXPIRED TERM OF JOHN GROSS OF THE CITY OF EDGEWATER MERIT BOARD: REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made a motion that the Council approve this Resolution. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. 4 u u The City Attorney read Resolution No. 78-R-9. A RESOLUTION APPOINTING WALTER GROSS TO SERVE THE UNEXPIRED TERM OF MERLE JOHNSTON ON THE CITY OF EDGEWATER MERIT BOARD: REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion that the Council adopt this Resolut~on. There was no second. Councilman Sikes said that he had a reason for voting against this Resolution and asked that the motion be withdrawn and the Resolution be tabled until November 13, 1978 meeting. Councilman Rotundo withdrew his original motion and then made a motion that this Resolution be tabled until November 13, 1978. Councilman Sikes seconded this motion. Upon roll call the motion CARRIED 3-0. ORDINANCES The City Attorney read Ordinance 78-0-2. First reading. AN ORDINANCE RELATING TO THE CABLE TELEVISION FRANCHISE: AMENDING ORDINANCES NO. 663 AND NO. 747; PROVIDING FOR THE DEREGULATION OF SUBSCRIBER FEES; PROVIDING FOR THE DELETION OF A FIRST-REFUSAL OPTION IN FAVOR OF THE CITY;PROVIDING FOR DELETION OF A REOUIREMENT FOR A PERFORMANCE BOND; PROVIDING FOR THE SCOPE OF REQUIRED SERVICE IN THE LICENSED AREA; PROVIDING FOR CRITERIA FOR EXTENSION OF CABLE TELEVISION SERVICE TO NEW OR EXISTING DEVELOPMENTS, GROUPS OF RESIDENCES, OR SUBSCRIBER LOCATIONS; PROVIDING FOR A SPECIAL INSTALLA- TION CHARGE FOR CERTAIN INSTALLATIONS; PROVIDING FOR THE DEFERRAL OF EXPANSION UNDER CERTAIN CIRCUMSTANCES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING AN EFFECTIVE DATE. Mayor Christy said that the Cable people had installed cables in various City buildings, free of charge. Councilman Sikes made a motion that the Council adopt this Ordinance. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. OLD BUSINESS Mayor Christy said that on the Frank Hall property, Wildwood Subdivision, an ordinance was passed specifying a R-2A zone but there was no ordinance putting this property into that R-2A zone. Councilman Sikes made a motion that the Council authorize the City Attorney to draw up an ordinance rezoning Wildwood subdivision as R-2A. Councilman Rotundo seconded the motion. Mr. Dana Armstrong spoke to the Council concerning a conflict with this property and Mrs. Massey's property. He was told that this had nothing to do with Mrs. Massey's property. Upon roll call the motion CARRIED 3-0. The City Clerk read a memo from Prudential Insurance. There has been an overall increase of approximately 6.68%. Other insurance companies have raised their rates as much as 20% and the City Clerk recommended that we remain with Prudential. Councilman Sikes made a motion that the Council table any decision on insurance until November 13, 1978 so that the new Council members can vote on this. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. The City Clerk read a certification of bids for the air conditioner at the Library. The City received two bids. Brown Air Conditioning bid $3,115.00 and New Smyrna Sheet Metal bid $3,922.00. 5 u u Councilman Sikes made a motion that the Council accept the low bids from Brown's Air Conditioning subject to approval of the Building Official and that Councilman Rotundo check this out, Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. Mayor Christy said that the Council had planned to discuss Mr. Holahan's property in Florida Shores and the planting strip but that the Attorney was not prepared to make a recommendation at this time. Mr. Holahan spoke to the Council and said that the deed does not show any restrictions, He told the Council that he cannot get any money to start building on this property until he has legal access. He reminded the Council that buildings on these properties would bring additional revenue to the City and asked that the Council take action on this as soon as possible. The City Attorney said that it was possible that if we ever abandoned the use of this planting strip it might revert back to the Magnuson Corp. This is public property and possibly it would be adviseable to hold a public hearing on this subject. Mr. Holahan said that originally the strip was put there to prohibit outsiders from using the roads. At the time that the roads and canals were dedicated he believes Mr. Armstrong was instrumental in seeing that this buffer strip was also deeded to the City so that there would not be any barrier to someone else using these roads. Mr. Edwin Hall who also has property in this area spoke to the Council. Mr. Armstrong also spoke to the Council concerning the buffer strips that were deeded to the City of Edgewater. He recommended that the City replat the streets -that are on the buffer strips and make them 5 or 10 ft. wider which should settle the problem. Mr. Hanson spoke to the Council and said that he believed the strip was put in after the area was platted There was a lengthy discussion on the subject of the Florida Shores planting strip. The City Attorney will study this further and make a recommendation to the Council as soon as possible, NEW BUSINESS The City Clerk read a letter from Mr. Clark, Attorney for Mr. Robert E. Fuller. requesting that certain properties dedicated as a street, but never used as one, be returned to Mr. Fuller. Mr. Woods said that this property would not be given back to Mr, Fuller in any case it would have to go to the abutting property owner. Mr, Armstrong spoke to the Council and said that this request from Mr, Fuller was made about every time there was a change in the Council. Councilman Rotundo made a motion that the Council table this for further investigation by the City Attorney who will report back to the Council. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 3-0. The City Clerk read a memo from the Insurance Co. of North d America. The memo stated that the coverage cost was::belng lncrease to an estimated annual cost of $24,510.00. 6 u u The City Clerk said that Caton Insurance is trying to get us out of the assigned risk pool. This increase is almost $10,000. more than we paid last year. Mayor Christy said that the City had received information about self insurers groups that are being formed by Florida cities to help solve this problem of increased workmen's compensation rates. There was a discussion about the insurance and methods of trying to find a reduced rate. Councilman Sikes suggested that Mrs. Blackwell contact some of the cities currently in the self-insured program and get information on this program to report back to the Council. Mrs. Blackwell said that she will check on this type of insurance. She does not understand why our premium has been increased so much Councilman Sikes made a motion that the meeting be adjourned. Counci~man Rotundo seconded the motion, The meeting was adjourned. MINUTES TAKEN BY: Sue Blackwell Nancy Blazi ~~~ Councilman ~~.E~: . ~~./ be:fv,/City Clerk :7 Approved thi s IdTH day of November, 1978. ~'. Mayor 7 ~, ~ ~ ~ /w