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10-23-1978 - Regular ~ Q CITY OF EDGEWATER REGULAR COUNCIL MEETING October 23, 1978 Mayor Christy called the regular meeting of the City Council (/ to order at 7:00 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 Present Present Present Present Present Present INVOCATION There was a silent invocation. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Shell made a motion that the Council approve the minutes of the October 16, 1978 Council meeting. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Sikes voted NO due to absence. BILLS AND ACCOUNTS Councilman Rotundo made a motion that the Council approve the bills for payment. Councilman Dietz seconded the motion. Mrs. Rich questioned the bill from Eagle Discount Store. She was informed that this was for chlorine that is used at the treatment plant. Upon roll call the motion CARRIED 5-0. COMMUNICATIONS The City Clerk read a letter from Charles Murphy, Building Official, requesting that the Council adopt the current Building Valuation Data Sheet from the Southern Building Code. This is a higher valuation and will raise the permit cost but it is the standard used by many cities in the area and also the standard that is currently being studied by the County. Councilman Rotundo said that he felt this would be an additional burden on contractors. The present permit fees are high and so are the impact fees. Councilman Sikes made a motion that the Council accept the recommendation of the Building Official and adopt the Southern Building Code valuation data. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Rotundo voted NO. o Q The City Clerk read a letter from Mr. Dan Holahan, requesting that the City grant specific and perpetual access to the 6' planting strip around the perimeter of Florida Shores which was deeded to the City of Edgewater by the Magnuson Corporation. Mr. Holahan has recently purchased property on 16th St. and Mango Tree Drive and does not have access to this property because of the 6' plantinq strip. Mr. Woods, City Attorney, said that he had not had sufficient time to study this request and requested that the. Council not take action at this time. He will report back to the Council with his recommendation. Councilman Sikes made a motion that the Council refer this request to the City Attorney for his report and recommendation at next Monday's Council meeting. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Dietz said that he believed recent legislation had outlawed these planting strips. Mr. Holahan gave the City Attorney a copy of the deed to the property. The City Clerk read a letter from HUD regarding Florida Shores subdivision. This letter was in answer to a request by Mayor Christy that HUD 2examine the Florida Shores area water table and drainage situation. The letter stated that a new study of this situation ~ would be made and that possibly part or all of~the area might be acceptable for insurance by HUD. The City will be advised when this examination can be done. This letter was for Council information. The City Clerk read a letter from Don Kuyk, Public Utilities Director, requesting that the Council delay any action on the proposed sewer collection line on Thomas Ave. and not discuss this project at the Public Hearing scheduled for October 30, 1978. Mr. Kuyk would like further study by City engineers because an expansion in this area should include the entire area of Second, Third and Fourth Sts. Councilman Shell made a motion that the Council accept Mr. Kuyk's recommendation and postpone any Public Hearing on Thomas Ave., until further notice. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. Property owners on Thomas Ave. will be notified. PROCLAMATION The Mayor issued a proclamation declaring the week of November 12 - November 18, 1978 as American Education Week. COORDINATORS REPORTS Councilman Rotundo reported that he had spoken with Mr. Hetrick concerning the Fire District. Mr. Hetrick is checking into the possibility of a lease buy arrangement for the equipment. This arrangement would not involve a long range obligation for the City. Mr. Hetrick will contract Mr. Rotundo as soon as there is more information available. Councilman Rotundo also asked the Police Chief to address the Council concerning two non-pursuit type police cars. Chief Baugh said that they had received the County bid which is $5,352.00 Councilman Sikes suggested that the City should go out for bids on these items. We might get a better price from someone else. Mrs. Blackwell said that all obligations must be fulfilled for the revenue monies before we can .purchase these cars. She suggested that the Council go out now for bids because it will take at least 30 to 45 days. 2 o Q Councilman Sikes made a motion that the Council authorize the City Clerk to go out for bids on two police cars. Bids are to be back by November 27, 1978. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Shell had no report. Councilman Sikes noted that work has begun on the school bus shelters and that it should be completed soon. Councilman Dietz had no report. City Attorney Woods reported that he had talked to the lawyer representing Rock Bouchard regarding the house on Juniper St. He recommends that the Council authorize the installation of the sewer to that house. The lawyer has agreed that the City will not be waiving any of their rights to impose a front foot assessment on that property.. Mr. Bouchard was promised a sewer and he cannot sell his house until it is put in. Mr. Woods also brought up the purchase of the lot for the benefit of the Fire Dept. He has prepared the standard contract for the sale and Durchase from Mr. McCallister and Mr. Hanson for this lot at a purchase price of $6500.00. He believes we have already appropriated the money for this purchase. He needs the Council's authorization for the Mayor and City Clerk to sign this contract on behalf of the City. There was a discussion about how this money would be paid and if the present owners would want all the cash at one time. Councilman Sikes said that he thought they had wanted the money in installments for tax purposes. - Mr. Woods said that he would talk to the owners and see if they would be willing to accept terms for payment. Councilman Sikes made a motion that the Council authorize the Mayor and City Clerk to sign the contract for the purchase the Hardin St. property for the Fire Department from Hanson and McCallister for the sum of $6500.00. We need a letter from the Fire Dept. on this purchase for the record. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Mrs. Blackwell, City Clerk, said that we had sent an application to the Dept. of Agriculture fora grant to purchase some equipment for the Fire Dept. This grant would be on a 50 - 50 basis. If we get approval it will cost about $2,023.00 and the grant will be for $2,023.00. Mayor Christy gave a report on the Florida League of Cities convention that he attended. He brought back information on the chanqes to the Florida constitution that have been proposed. He will post this information. The cities discussed double taxation and the fact that we are paying for two services, from the city and from the county. The Mayors were against casino gambling. They opposed the adoption of Revision #5 relaing to the appointment of Public Service Commission but emdorsed resolution #7 relating to tax issues. Mayor Christy said that he had spoken with the people who take the census and there are ways that we can oppose the methods used to take the census. He also talked to three different waste system divisions and hopes to be able to have some meetings to discuss garbage pickup in Edgewater. Mayor Christy also reported that it appears as if there is no zoning ordinance for the Wildwood Subdivision. Councilman Dietz said that there was a special zoning classification for Wildwood. It was R-2A. Mr. Woods said that he remembered annexing this area but he was not sure whether we rezoned the area. 3 o o Councilman Dietz and Councilman Sikes both said that the Zoning Board had recommended this special classification for Wildwood. This is the only place in the City that has this zoning. Mayor Christy said that he will check with the Zoning Board. Mayor Christy continued with a discussion about the tennis courts. The City has just spent a considerable amount of money to have the courts resurfaced and it is obvious that we must take steps to protect this investment and keep the courts in good shape. He recommended that the courts be locked and those wishing to use the courts must sign in at City Hall during the day and at the Police Station after 4:30. These peoDle would be held responsible while they used the courts. Mr. Brown of the Board of Governors spoke to the Council and suggested some new signs be put up at the courts stating the new policy. He will bring this before the Board of Governors at their next meeting. Mayor Christy has also had to replace the bulbs at the courts. The City will need to keep a careful watch on the use of the lights. Mr. Brown suggested that perhaps a timer switch might be the answer. He will check into the cost and make his recommendation to the Board of Governors. Mrs. Rich said that she used to pay a fee in New Smyrna to use the tennis courts. They had strict rules and there was someone there to check on the people using the courts. Mr. Fredericks asked who was responsible for turning off the lights. Mayor Christy said that the people who use the court at night are supposed to turn off the lights when they get finished. There was a short recess. The meeting was called back to order. RESOLUTIONS The City Attorney had prepared a resolution appointing two members to the Merit Board. Councilman Rotundo made a motion that the Council appoint Mr. Walter Gross to the Merit Board. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 3-2. Councilmen Dietz and Sikes voted NO. Councilman Sikes made a motion that the Council appoint Mrs. Louise Martin to the Merit Board. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. There was a discussion about the length of time members serve on the Merit Board and if either of the two new members would be finishing the term of another member. It was decided to wait until next Council meeting to pass the Resolution so that the Attorney could makel necessary corrections. ORDINANCES The City Attorney read Ordinance No. 78-0-1 (second reading). AN ORDINANCE AMENDING SECTION 74 OF THE CODE OF ORDINANCES BY PROVIDING THAT THE CITY COUNCIL OF THE CITY OF EDGEWATER SHALL DESIGNATE A REPUTABLE BANK AS THE DEPOSITORY FOR CITY FUNDS SIXTY DAYS PRIOR TO THE BEGINNING OF THE FISCAL YEAR; REPEALING ALL ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE. 4 o o Councilman Shell made a motion that the Council adopt this Ordinance. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney had prepared an Ordinance for the Teleprompter Cable franchise. He advised the Council that this was a rather lengthy ordinance and that it might be better if the Councilmen received copies of the ordinance so that they could study it before making a decision. Councilman Shell made a motion that the Council table this ordinance until next week. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. OLD BUSINESS The City Clerk read the certification of bids. bids from six companies for 211 and 611 pipe. The City received Vassallo, Inc. bid $20.07 per hundred ft. for 211 and 152.35 per hundred ft. for 611. S.O.U.S, Co. bid $20.15 per hundred ft. for 211 and $147.50 for 611. Hughes Supply bid .24/ft. for 211 and $1.51/ft. for 611 Southeastern Municipal Co. bid .23/ft for 211 and $1.47/ft. for 611 Davis Meter bid .26/ft for 211 and $1.44/ft for 611. B & H Sales, Inc. bid .25/ft. for 211 and $1.46/ft for 611 The City Clerk read a memo from the Director of Public Works, Mr. Kuyk, recommending that the Council accept the two lowest bids and split the pipe order between Vasallo, Inc. for the 211 pipe and Davis Meter for the 611 pipe. The total price for the two orders would be $21,695.83. Councilman Shell made a motion that the Council accept Mr. Kuyk's recommendation and award the bids to Vasallo and Davis Meter. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. Mrs. Blackwell said that the Council would discuss the hospitalization insurance at the next Council meeting, The City Clerk read a letter from Spence Chevrolet regarding the utility truck that had been ordered by the Water Dept. They were unable to have this truck produced during the 1978 model run. They can deliver a 1979 model but the price has been increased due to changes in the utility body and addition of heavy duty power brakes. Councilman Dietz said that we had received a'letter from Chevrolet Motor Div. stating that that model was discontinued so that our bid was turned over as a 79 model. Mayor Christy said that we accepted their bid in good faith and now we are expected to pay more than the bid. He asked the City Attorney if we had any recourse. Mr. Woods said that the City could reject the bid. Councilman Dietz said that if we go back out for bids it will be 45 to 60 days before we can get delivery. We are paying three men in the Water Dept. 14~ per mile to use their personal cars for work. Mr. Woods said that we should write a letter stating that they were obligated to provide u's with this vehicle at a: specific price and we do not want a price increase. They should have advised us of this situation a long time ago. 5 . o Q Councilman Dietz said that they did notify us but they could not give us the price because the prices are not set until the date the new models come out. Mr. Woods still believed that they should live up to the original agreement. Councilman Dietz made a motion that the Council turn this over to the City Attorney to hold Spence Chevrolet to their original agreement. Councilman Rotundo seconded the motion. There was further discussion as to what the Water Dept. would do for transportation until a utility truck could be delivered. Councilman Dietz asked if they could rent a truck. Councilman Sikes said he felt we could wait a wee~ until the Attorney could report back, before making any decision on what to do about the transportation problem in the Water Dept. Mr. Woods said that he has not seen any previous notification from Spence Chevrolet to the effect that they could not fulfill the original agreement. It may indicate a tacit approval by the City by remaining silent and not responding to this notification. Councilman Dietz said that we did ask them what the increase would be. He talked to Mr. Dick who said that they had no idea what the increase would be. Councilman Dietz said that it was their option to put it through as a 79 model. Mr. Woods said that if there was nothing we could do but take the truck that possibly costwise it would be more expensive to wait because of time delays. Councilman Sikes said that he did not think one more week would make that much difference and that the City Attorney should have a chance to see if we could not hold the company to their original bid . Upon roll call the motion CARRIED 5-0. NEW BUSINESS Councilman Rotundo said that complaints :~:"~ have been made about the condition of the rest rooms at the Community Center." Unfortunately, we cannot lock up these rooms. The rest rooms are being cleaned up and hopefully the people working around the Community Center can keep a check on this area to try and prevent vandalism. MISCELLANEOUS None Councilman Dietz made a motion to adjourn the meeting. seconded the motion. The meeting was adjourned. Councilman Sikes 6 " "J .. o <.> MINUTES TAKEN BY: Sue Blackwell Nancy Blazi Sh~ll Councilman r;XCLtSE-D /' - --- [J; e +z Councilman A-hs-€IV-I- ATTEST: i't1erfJ~ -t:lu Approved this -30 - day of October. 1978 7 , ~. r ~ ~