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06-26-1978 - Regular I' o o CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING June 26, 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 Baugh Present Present Excused Present Present Present Present Excused INVOCATION Councilman Sikes gave the invocation. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Dietz made a motion that the Council approve minutes of the June 19, 1978 regular Council meeting. Rotundo seconded the motion. Upon roll call the motion 4-0. BILLS AND ACCOUNTS the Councilman CARRIED Councilman Dietz made a motion that the Council approve the bills for payment. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. COMMUNICATIONS Mr. and Mrs. Oliver, requesting street lights: The Olivers have requested that the Council consider a street light for the corner of Orange Tree Drive and Twentieth St. in Florida Shores. They stated, in their letter, that they have been vandalized on many occasions by having gasoline stolen from their car. They said that the Police Dept. had recommended that they have a street light near their home. Councilman Sikes spoke about the possibility of obtaining some of .the street lights along Indian River Blvd. However, the city would still have to set up poles and the cost of extra lighting is high. There is no money in the budget for street lights. He also suggested that perhaps the Olivers could install a vapor type light, which would cost about $4.50 per month. Councilman Dietz said that if the city could cut down some trees on Twentieth St., east of Orange Tree, the lights might come through from the other side and give some light to the area in question. The Mayor will notify the Street Department to cut down those trees. o o Craig Gehlert, letter and bill: Mr. Gehlert, architect for the Edgewater Library addition, certified in his letter that the project had been completed in accordance with the Plans and specifications prepared by his office. He also submitted a final bill to the Council for $300.00 Mrs. Harmon, the librarian, spoke to the Council concerning the fact that Mr. Gehlert had done very little inspecting of the premises and that the final inspection had been done by the Edgewater Building Official. The City Attorney said that he did not feel that the Council should approve this bill. He had written to Mr. Gehlert about problems in the construction and had never received a reply. Councilman Sikes made a motion that the Council refuse to pay this bill. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. F.E.C., relocating tracks: This was a reply to Mr. Dietz's letter of June 6, 1978, from Mr. Wvcoff, Sr. Vice President of F.E.C. Mr. Wycoff stated that the F.E.C. could not accept the cost increase that would be caused by relocation and concluded that the railroad could not favorably consider the request of the Council to relocate their tracks in Edgewater. There was no action taken on this. COORDINATORS REPORTS Councilman Rotundo told the Council that the City has hired a part time dog catcher. This is a CETA position and has been filled under the summer CETA program. Councilman Sikes told the Council that they need to consider hiring a City Manager. The City is growing and the management of the various departments becomes more complex all the time. We need a professional person to assist the Coordinators and department supervisors. Mayor Christy said that he did not feel the City should hire a manager. We have tried it before and it has not worked out. There was some discussion from the audience. Mr. Walter Gross was opposed to the idea of a city manager. He believes we have enough volunteer help in the City to assist the Coordinators and various departments. Mr. John Bevel spoke in favor of a city manager. He agreed that the Council needed professional assistance. Councilman Sikes made a motion that the City advertise for a City Manager, salary negotiable. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 3-1. Mayor Christy voted NO. Councilman Sikes also asked if it had been officially announced that the July 3, 1978 Council meeting had been cancelled. Mayor Christy said this had been voted on at the last meeting. There would be no Council meeting on July 3, 1978. The next regular Council meeting would be July 10, 1978. 2 o o Councilman Dietz told the Council that the DER has clamped down on Edgewater on the water line expansion due to the fact that all these are supposed to be registered with the State.as to what lines we put in and test made on each one. In order to comply, the engineers have drawn up a map for a five year plan for water expansion in the Florida Shores area. They will present this to the City sometime this week. Councilman Dietz made a motion that the Council instruct the Mayor to sign this plan when it is delivered to the City so that BRiley, Wild can forward it to the DER for their approval. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Dietz told the Council that it will be necessary to extend the 12" water main from Air Park Road to Mango Tree Drive. We have the funds for this but the best way for the City to advance on this is to ask the Farmerls Home Administration for a change order on the expansion of the water plant to include this in the construction. Councilman Dietz made a motion that the Council authorize the change order # 2 on the water expansion program to include the extension of a 12" water main from Air Park Road to Mango Tree Drive. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Dietz told the Council that there have been numerous complaints from Florida Shores residents concerning septic tanks. They are not being put in properly. It is not only the septic tanks themselves it is also the drain fields. Mr. Dietz has a meeting, with the Council IS approval, with Dr. King to discuss the possibility of getting this away from the Board of Health and under the jurisdiction of our Building Department. The Council gave their approval to this meeting. City Attorney Judson Woods told the Council that he had spoken with Mr. Wild of Briley, Wild Associates concerning the possibility of negotiating a contract with another engineering firm for projects up to $50,000. Mr. Wild was not too receptive to this idea. Mr. Wild did request a meeting to discuss this question with the Council. Mayor Christy said that the Council could call a special meeting just to discuss the contract with BWA. He will contact Mr. Wild and set up a date for a special meeting. The City Attorney said that Mr. Hetrick had delivered copies of the proposed contract between Edgewater and the County for an expanded fire district. It was his understanding that the Rescue Service would not 'participate. The Mayor said they would discuss this later in the meeting. Mayor Christy told the Council that he had an application from a Mr. Tipton for a home occupational license to operate an aluminum siding business. The Council referred this to the Zoning Board. There will be a meeting on July 10, 1978 in DeLand sponsored by the Dept. of Agriculture. The Mayor would like permission to attend. They will discuss future resource conservation programs. Councilman Sikes made a motion that the Council authorize the Mayor and City Planner to attend this meeting. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 4-0.' 3 o o The Mayor also spoke about a District 5 Liaison Committee meeting. Councilman Dietz said that the city engineers attend those meetings and we would receive information about the meeting from them. Mayor Christy (, had a letter from VCOG with a copy of the Local Government Comprehensive Planning Act. The Council received copies of this also. A former employee, under CETA, has applied for unemployment. The City has been advised of the hearing on June 29, 1978 to discuss his application. Councilman Sikes said the Mayor and the City Clerk should attend and take the employee's personnel file to explain the City's position. The Mayor also talked about new equipment for car maintenance in the City Garage. He gave the Council copies of a brochure about hoists and lifts. Also he has done more checking into the cost of trash compactors. The City is still investigating alternatives to our present trash collecting contract. The Mayor informed the Council that the Building Official had issued a permit for a two-story house to be built on the East side of Riverside Drive. There have been some questions as to whether a two-story house can be built in this area. Upon further study, it was discovered that an error had been made and that the zoning ordinance does not permit two-story homes on the East side of Riverside Drive. The Building Inspector has halted building on this site. Mr. Harris, the contractor for this home, spoke to the Council and stated that the owner had checked on three occasions and had been assured that he could build in this area. Mr. Williams, the owner, also spoke to the Council. There was a lengthy discussion concerning this problem and the Council questioned Mr. Murphy, Building Official. The City Attorney will research this and report to the Council. Mr. Harris and Mr. Williams said they would be willing to wait a few days to see if they could get a favorable decision on this problem. Mayor Christy said that when they heard from the attorney, the Council would hold a special meeting. Mayor Christy said the Council should discuss whether or not the Rescue Service will be included in the contract with the County. Mr. Bevel spoke for EVER and said that originally when they had asked to be withdrawn from participation it was because they had lost a couple of members and also had some members who doubted they could put in extra time. Since that time, they had picked up more members and now felt that the rescue service could take active participation in the extended district. Mr. Bevel questioned the authority of Mr. Dietz to notify the county that EVER had withdrawn. Mr. Bevel felt this should have been a matter for Council discussion and action. Councilman Dietz said that the Council had authorized him to negotiate with the county and that there was a time element involved. Mr. Hetrick had to have the proposed contract ready for the County Council this week so that it could be put on the agenda. The Council discussed this subject. Councilman Rotundo made a motion that the Rescue service be included in the contract. 4 o o Councilman Sikes said that he would be willing to second this motion if Mr. Hetrick could add the figures for the rescue service without jeopardizing the fire department's participation. Councilman Dietz said that he doubted if this could be done. He also said he could not go before the County Council and present this proposed contract if EVER was included. The rescue service was a fine organization but he was not convinced tha~ at this time, they could fulfill their part of the contract. If the City defaults on the contract, the county will take over any equipment purchased and the city would lose everything they had invested in this project. He reminded the Council that the contract was renegotiable in a year's time and possibly EVER would have more personnel then and be able to meet additional commitments. Councilman Rotundo withdrew his motion. There was further discussion on this subject. Councilman Sikes made a motion that the Council contact Mr. Hetrick and find out if we can revert back to the proposal prior to Thursday, June 22 whereb~ in the agreement with the provision for the Edgewater Fire and Rescue District submitted to the Council on June 26th, the budgeted amount could include the rescue service without jeopardizing the existing agreement that has been presented to the Council. This means that if they say no, we would act on the Fire District alone. Councilman Rotundo seconded the motion. Councilman Dietz said that he could not negotiate this type of contract. He suggested that Councilman Rotundo take over negotiations with the County. He has a great deal of faith in EVER and they do a wonderful job but he does not feel that at this time they can take on this added responsibility. EVER volunteers have to be specifically trained to do their work and he does not think they have enough volunteers in their organization to handle this extra commitment. Mr. Bevel told the Council that EVER had no wish to jeopardize this contract with the County. Therefore, they would withdraw from participation so that Councilman Dietz could stay and continue negotiations with the County. Councilman Sikes withdrew his motion. Councilman Rotundo withdrew his second. Councilman Dietz commended the rescue service for the action they had taken. He said that the Council should see. that the next budget adequately supplies EVER with the necessities they need for an efficient operation of their service within the city. When they are able to prove they can meet additional responsibilities outside the city we will be able to have their participation in the extended district. Mayor Christy called a 10 minute recess. Mayor Christy called the meeting back to order. RESOLUTIONS: None ORDINANCES The City Attorney read Ordinance No. 1012 (second reading) AN ORDINANCE AMENDING SECTION 5.B RELATING TO SEWER SERVICE CHARGES OF ORDINANCE 896, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. 5 o o Councilman Sikes made a motion that the Council adopt this Ordinance. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. The City Attorney read Ordinance No. 1015 (first reading) AN ORDINANCE AMENDING ORDINANCE 880 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY INCREASING THE MINIMUM FLOOR AREA REQUIREMENTS FOR DWELLING UNITS IN CERTAIN ZONING DISTRICTS WITHIN THE CITY OF EDGEWATER REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made a motion that the Council adopt this Ordinance. Councilman Dietz seconded the motion. There was a question from the audience as to whether or not the floor area was measured inside or outside the house. The Council discussed the definition of floor area and dwelling unit. They could not answer the question on measurement. It was suggested that this ordinance be tabled for further study on the proper wording of the ordinance. Councilman Sikes withdrew his motion. Councilman Dietz withdrew his second. Councilman Sikes made a motion that the Council table this ordinance until the July 10th meeting at which time the attorney can br~ng it back before the Council. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 4-0. OLD BUSINESS Resolution 208, Storm Water Management: Councilman Dietz said that the County Council will come up with this on July 6. They did eliminate the tax portion. However, there are still some parts that he does not agree with. One of the sections states that in the event that no municipal regulatory program is in effect at the conclusion of an 18 month period, this ordinance will be administered by the County Staff. The Council discussed various parts of the storm water management proposal. They agreed with the No.2 proposal. Councilman Sikes made a motion that the Council authorize Mr. Dietz to attend this meeting and present their views to the County Council. If Mr. Dietz is unable to attend the Mayor should go. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. R. Diamond, Annexation Report: Mr. Diamond spoke to the Council about a letter from Briley, Wild stating that they will provide us with an estimate for preparing annexation report. It was suggested that the PLanning Board could extend their land use inventory to include those areas and save some money on the cost of the report. The Planning Board has completed the survey. Mr. Cross of BWA does not feel, as a whole, that the area meets the State's criteria for annexation. However, there are a number of small parcels which appear to be eligible. BWA has suggested that they could provide their computer to furnish a report on this area. The Council asked Mr. Diamond what the cost of this service would be. Mr. Diamond did not have that information. Councilman Dietz made a motion that the Council approve Briley, Wild preparation of the report with their computer for an amount not to exceed $1500. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. 6 .. . . ... o o Recreation Complex The Mayor said that the Council would discuss this at the next regular meeting. NEW BUSINESS Dietz, No Smoking, 5 min. recess per hour: Councilman Dietz made a motion that they table this subject until the next meeting. Councilman Rotundo seconded the motion. Upon roll call the motion did NOT CARRY 2-2. Councilman Sikes and Mayor Christy voted NO. Councilman Sikes made a motion that the Council pass a resolution to prohibit smoking during a Council meeting and that the Mayor will call recesses at intervals. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-1. Councilman Dietz voted NO. Hospitalization insurance - bids Councilman Dietz suggested that the Council study the possibility of having an agent of record to negotiate insurance contracts for the City and after Council approval the agent would explain the benefits so that each employee would know what coverage they had. Councilman Sikes said that he thought we had a good policy now and should use that as a basis for renegotiations. Councilman Sikes made a motion that the Council authorize the City Clerk to go out for bids on hospitalization policies for one and three years using our present policy as a basis. We want a policy as good or better. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Sikes made a motion to authorize an adjustment on the sewer bill for Mr. and Mrs. Dudley as per Ordinance 1012. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Rotundo asked for more information on the insurance coverage of the Rescue service. The City Clerk said she would check on this. Councilman Sikes made a motion to adjourn. Councilman Rotundo seconded the motion. The meeting was adjourned. MINUTES TAKEN BY: Sue Blackwell Nancy Blazi ~. E~CUSE)r ATTEST: ~~~/ 'City Clerk ~ Approved thi s /IJ day '- of JU1Y~~~ ~~4, . Mayor ----- ;: 7