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06-05-1978 - Regular {\ .. Q o CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING June}, 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 The invocation was 9iven by Rev. Canova. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Shell made a motion that the Council approve the minutes of the Special Meeting, May 11, 1978, the Regular tPMeeting, May 22, 1978 and the Special Meeting of May 24, 1978. ..~ Councilman Rotundo seconded the motion. Upon roll call C~ ~~motion CARRIED 5-0 for the meeting of May 22, 1978 and l,-~~~/for the meetings of May 11 and May 24. Councilman Sikes ~ted NO for these meetings. BILLS AND ACCOUNTS The City Clerk said that there had been a change in the bills and accounts. The bill from Diversified should be changed to read $271.14 changing the total of all bills in General Fund to 2,551.79. Councilman Sikes made a motion that the Council approve the bills, as amended, for payment. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. REPORT Mr. George Ladhoff gave a report about the Grantsmanship Institute. The Grantsmanship Institute willi for $2400. perform the following services (1) identify funding programs for the city (2) contact the city about the program explaining its objectives in detail (3) write the grant application to be for- warded to the city for signatures and (4) negotiate the grant with the funding agency and (5) provide the needs assessment for each grant. Additionally they can provide consultants to evaluate each grant at no cost to the city. Contracts for these services would be paid from the grant. Mr. Ladhoff said he believed it could be an advantage for the city to have someone in Washington to do a lot of the research that we would be required to do on our own. This is very timesaving. The Council and Mr. Ladhoff discussed further the possibility of utilizing this service. The Council requested that Mr. Ladhoff check into other cities that may have used the services of the Grantsmanship Institute. o o COMMUNICATIONS Neil Asting, Resignation from Board of Adjustments: The Council accepted Mr. Asting1s letter of resignation. Councilman Dietz made a motion that the Council appoint Mr. Clarence Gnau of 1841 Queen Palm Drive to the Board of Adjustments. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Board of Adjustments, Alternate Members: The Council considered this request from the Chairman, Mr. Millard, to appoint two alternate members to the BOA. These alternates would sit in on all meetings, but not vote, unless there was an absence or resignation. Councilman Sikes made a motion that the Council authorize the City Attorney to check into the voting power of Board alternates and report back to the Council next week. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. Sen Dunn, 701 Grant: The Council received a letter from Sen. Dunn congratulating Edgewater on receiving a grant for the Comprehensive Planning Program. This was for information only. Southern Bldg. Code Congress Membership: The Council received a letter extending an invitation to Edgewater to join the Central Florida Chapter of the Southern Building Code Congress. The membership fee is $5.00 annually. Councilman Sikes made a motion that the Council authorize the City Clerk to apply for membership. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Adelina Beaulieu, letter back of Para Palm and Shio Motel: The Council received a letter from Mrs. Beaulieu complaining about the unsightly condition behind these two commercial establishments. Councilman Rotundo said that he had inspected the area in question and agreed with Mrs.Beaulieu that it was an eyesore. There were piles of rubbish and even some discarded T.V. sets, chairs, etc. Chief Baugh said that he had spoken to the Tomoka Refuse people and they can pick up some of it, a little at a time. Mrs. Beaulieu spoke to the Council requesting that action be taken and that possibly these business establishments could put up a fence around the area where whey leave the trash. Chief Baugh will get in touch with the owners and make sure that this is cleaned up. Charles Murphy, Building Report: Durinq the month of May, the Building Department processed 52 permits for a total valuation of $798,188.00. There were 25 residents, 3 mobile homes, 17 alterations, additions and repairs, 2 commercial buildings, 2 pools and 1 demolition. The Dept. collected a total of $5,563.95 in fees. Zoning Board, Duplex Footage: The Zoning Board agrees with the Council's suggestions for updating square footage in Florida Shores but recommended that the square footage of duplex buildings remain the same. This was for Council information. 2 o o COORDINATORS REPORTS Councilman Rotundo: The city has a dog catcher. The Chief reports that there have been 14 complaints checked into and 4 cats and 1 dog were taken to the Humane Society. The city will issue a warning on the first offense for unleashed dogs and on the second offense the animal will be taken to the Humane Society. The Council should look into the possibility of leasing police cars. A-I Rental would charge about $165.jmonth but that does not include insurance or maintenance. Higginbotham Chev. would charge $195.jmonth that also does not include insurance or maintenance. Councilman Sikes said that he did not believe the city would save any money by leasing vehicles. Councilman Rotundo said that we have at least two cars that are constantly needing repairs and it is very costly. We will have to try to budget in the purchase of 2 new cars in the next fiscal year. Councilman Shell: asked the City Attorney if one could legally allow water to run off a roof onto other people1s property. The City Attorney said that he believed this would constitute a private rat~er than a public nuisance. He is not su.re the city would want to get into a dispute over this. He will check into this and report back. Councilman Shell has talked to all the people who own property on Community Drive. They are all willing to donate or deed over to the City sufficient property to put a street through. This would be a 40 foot street. Mr. Cory will layout a plot for this. The black top equipment that E. Copeland owns should be pur- chased by the City. We have checked with other equipment companies in the area and the price of $5,000 is a very good buy. Councilman Shell made a motion that the Council authorize the City Attorney to draw up a contract on a lease with option to buy basis, $100.00 per week until next year's budget is set and we could buy at our option. Councilman Rotundo seconded the motion. Up6n roll call the motion CARRIED 5-0. Councilman Shell has talked to Triangle Garbage concerning a possible arrangement for them to take over trash collection. We are still having too many problems with our present contractor. Also, in back of the Winn Dixie store water runs off onto the back yards of nearby residents. The property is owned by T.K. Knight, Inc. The City Attorney will check on this with Councilman Shell and advise the Council. Councilman Sikes asked if anything had been done about the bridge on Palmetto St. Councilman Shell said he had talked to Mayor Musson, New Smyrna Beach, who said that they wanted to do something about it. Councilman Shell will contact the new City Manager to see if any action will be taken soon. Councilman Sikes: Called attention to an item in the newspaper concerning bus service in Edgewater. Someone had written in Letters to Readers, that Edgewater had authorized $1500.00 for fireworks but would not pay $125.00 a month for bus service. The Department of Transportation talked to the city regarding a bus service. The first two years would not cost the city anything but the third year it would cost about $35,000 and the year after that it would have cost the city more than that. 3 o o The city also discussed this problem with the County and CETA. We would have to pay so much a mile and subsidize each passenger to the tune of about 50% of the fare. We have never been offered any arrangement that would only cost the city $125.00 a month. Certainly if we were ever offered such a plan the Council would be very glad to enter into an arrangement. He wanted it as a matter of record that the city has checked very carefully into every proposal for a bus service in Edgewater. Councilman Dietz: Requested that the Council authorize the Mayor to enter into a change order No.1 on the water plant for revision of the power lines from the wells to the new water plant and also the installation of two gates on the service roads on the well and the power lines down the roads to the middle we have to have these. coming into the new plant. The total bill will be $8,287. The papers will be brought down tomorrow. He made this request for authorization into a motion that the Mayor sign a change order No.1 for the amount of $8,287. for the installation of the power lines, underground, and for the installation of two gates. Councilman Sikes seconded the motion. The Council discussed this increase. Councilman Dietz said that this would be more than the original contract, it would have to be approved by Farmer's Home Administration. This was an oversight on the original plans and it would be a definite advantage to the city to have these power lines put underground. Upon roll call the motion CARRIED 5-0. Councilman Dietz told the Council that there had been quite a few applications for the position of the Utility Director. He would like to submit to the Council the application of Don Kuyk who has agreed to come back to the City. Mr. Kuyk has both a B operator's license in water and wastewater. He is familiar with the city and has the necessary qualifications for the extension of water and sewer lines. Councilman Dietz made a motion that the Council authorize the City Attorney to draw up a contract, for Council approval, that would give Mr. Kuyk $16,000 per year salary with an increase in wages based on the growth of city water customers based on no more than 10% increase in any given year, the contract would be for a period of 5 years. Councilman Sikes seconded the motion. Councilman Rotundo questioned Mr. Kuyk's resignation at what was a very crucial time for the city. He may be a good man and a hard worker but he certainly left the city at a bad time and we have no guarantee that he might not do the same thing again. He left for more money and now seems to be willing to return for less money which does not make much sense. Councilman Dietz stated that the Council at that time had refused a salary raise to $14,000 that Mr. Kuyk had requested. If he had received that raise he would have stayed with the city. Councilman Shell asked if Mr. Kuyk would also work with the Street Department. Councilman Dietz said that Mr. Kuyk had stated he would be glad to work with the Street Department in any capacity they needed his assistance. Councilman Sikes asked Mr. Fernandez, engineer, about the cost of hiring a IIClass B Operator.1I 4 o o Mr. Fernandez said that he had checked over the applications and few had advanced certificates in water. A Class B operator who would have someone supervising them would get a salary of about $15,000. Councilman Sikes said that unfortunately politics had a great deal to do with Mr. Kuyk's leaving. He believed Mr. Kuyk had done a very good job when he was with the city and he knows our problems in the water system. If we have to pay a Class B operator $15,000 and we can get a supervisor for a little over $1000 more it would be well worth the money. Councilman Rotundo questioned whether or not the same situation might not arise again and pressure put on Mr. Kuyk if he might leave us again. Councilman Dietz said that the city would have a contract and that Mr. Kuyk had indicated that he would purchase a house in Edgewater and would consider the city his home. We put in more water lines last month than we put in during the previous 15 years. We need an experienced man to oversee this operation. Mayor Christy said that Mr. Kuyk had received a raise and still quit. If Mr. Kuyk had been interested in Edgewater he could have stayed and progressed with the city. He is not against hiring a person, nor does he object to the salary but he does not see how Mr. Kuyk can come back to the city to work and we can be satisfied with him. Upon roll call the motion CARRIED 3-2. Councilman Rotundo and Mayor Christy voted NO. Councilman Dietz said that he hoped there is some way we could expedite the sewer expansion program before we are faced with serious problems. Als~ the City Attorney and Mr. Dietz are meeting with Mr. Hetrick ASSlstant County Manager, to discuss ways of obtaining the necessary monies to' finance the expanded fire district. Mayor Christy said that he objected to the part of the contract that states lithe Fire Chief shall have sole and exclusive right and responsibility to prescribe the manner and method of giving the alarm of responding to the fire and other emergencies in the territory of the district to be served by the district." He believes the Police Chief should have this responsibility. The Police Chief said that they are presently working on a channel for all fire departments. At the present time strictly police are on the repeater system. This fire channel would still work off the city frequency so we would not lose contact with them. Mayor Christy said that 4 or 5 years ago the County started working on the 911 system. It is a good idea but they still have not developed this system. It may be some time before we get a definite date that this system will be established. In the meantime we should continue working with our present communication. May~r Christy: Called the Council IS attention to CETA training work program. He asked for Council authorization to check into this program with the idea that possibly the city could use some of these young people this summer. The Council discussed the program. The Mayor will check into it further. -- 5 , o o The Council was given copies of a revised dog ordinance. Councilman Sikes made a motion to turn this over to the Attorney for review and to write up for Council approva]. Councilman Dietz seconded the motion. There was a discussion about'this ordinance. The question was raised whether or not animals at large should include cats. The present ordinance states exluding cats. The Council decided that the new ordinance should eliminate the words "but excluding cats." Upon roll call the motion CARRIED 5-0. Mayor Christy also brought up the question of having a meeting of the Fire Department, Police Department, Rescue and their Coordinators to discuss the recent fire and methods that could be improved in case of any future emergencies. Due to present commitments this meeting will have to be held sometime in the middle of July. Mr. Nichols of the Civil Defense informed the Council about a seminar on hazardous materials to be held in August. He will get more information on this to the Council, Fire Department and Police Department. City Clerk Sue Blackwell asked if any members of the Council will be attending the seminar at May, Zima on June 13. Mayor Christy, Councilman Rotundo and Councilman Sikes plan to attend. The Mayor read a letter from the New Smyrna Beach-Edgewater Humane Society stating that they have voted to appoint Mr. and Mrs. George McInturf to investigate cases of animal cruelty in Edgewater per Chapter 828.03 and animals in distress Chapter 8 2 8 . 07 3 and k ill i n g Xh en' use 1 e s s . C haD . 8 28 . 03 . Age n t s w ill be authorized by law to operate in the City of Edgewater and carry out all acts and duties authorized by law. upon Council approval. Councilman Dietz made a motion to accept the Humane Society appointment of anew agent in Edgewater. Councilman Shell seconded the motion. Upon .roll call the motion CARRIED 5-0. Councilman Sikes brought up the problem of dead animals in the streets. It should be the job of the trash collectors to pick up these animals. ORDINANCES The City Attorney read Ordinance No. 1008 (second reading) AN ORDINANCE AMENDING ORDINANCE 880 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA TO PERMIT AN ADDITIONAL SPECIAL EXCEPTION IN THE B-3 HIGHWAY SERVICE BUSINESS DISTRICT IN THE CITY OF EDGEWATER, FLORIDA: REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Shell made a motion that the Council adopt this Ordinance. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Ordinance No. 1009 (second reading) AN ORDINANCE AMENDING ORDINANCE 880 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA TO ADD DUPLEX AS A SPECIAL EXCEPTION IN THE R-3 SINGLE FAMILY RESIDENTIAL DISTRICT, SETTING FORTH SPECIAL CONDITIONS, REPEALING ALL ORDINANCES OR RESOLU- TIONS IN CONFLICT HER[WITH AND PROVIDING AN EFFECTIVE DATE. Councilman Dietz made a motion that the Council adopt this Ordinance. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. 6 o Q Ordinance 1010 (second reading) AN ORDINANCE AMENDING ORDINANCE 880 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA TO ADD DUPLEX AS A PERMITTED USE IN THE R-4 MULTI-FAMILY DISTRICT, SETTING FORTH DIMENSIONAL REQUIREMENTS, REPEALING ALL ORDINANCES OR RESOLUTIONS IN CON- FLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Dietz made a motion that the Council adopt this Ordinance. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. Ordinance 1012 (first 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. Councilman Dietz made a motion that the Council adopt this Ordinance. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. The second reading of this ordinance will be at the regular Council meeting June 26, 1978. OLQ BUSINESS The City Clerk certified that the City had received one bid for the sale of 2 trucks by the City. The bid was from Bennett Truck Equipment, Inc. who offered $1600. for 1971 GMC with Heil body and $600. for 1967 GMC with Loadmaster Refuse body. Councilman Dietz made a motion that the Council reject this bid. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. There was no further action on this at this time. The question of employment for Joe Martine was brought before the Council. The City Clerk said that we could not hire him as a private contractor and set his hours or workweek. The Council discussed ways to keep Mr. Martine employed. The City Clerk will investigate further and report back to the Council. if there is a way we can supplement Mr. Martine's income and still give him his retirement. The Council discussed a draft of a letter that Councilman Dietz wants to send to the Florida East Coast Railway Company regarding their refusal to consider relocating their tracks. It was the opinion of the Council that this letter should be sent. Councilman Shell said that a large amount of fill including cement has been dumped at the end of Hardin Place on the East side of Riverside Drive. It is supposed to be on one man's lot but some of it is on another lot and some on city property. It is impossible to get to the river. Councilman Sikes said that he would like to see the city vacate that street and dedicate the land as a public park, there is 40 by 400 ft. Councilman Dietz said we should get the road through there and then dedicate the area as a park. 7 o o Chief Baugh will ask the person responsible for this to remove the fi 11 . J The City Attorney said that we can request that the State Attorney's office prosecute under our Ordinance, 321, if necessary. NEW BUSINESS Briley, Wild Bill: Councilman Dietz made a motion that the Council approve bills No. 78-218, 78-219, 78-220 and 78-228 and hold bill No. 78-231 until further study. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. The Council then discussed the present contract the city has with Briley, Wild and the possibility of terminating this contract and investigating an arrangement with another consulting engineering firm. The Council has a proposal from Quentin Hampton Associates. There was a long discussion on this question. Councilman Sikes made a motion that the Council authorize the City Attorney to study the Briley, Wild contract and the proposal from Quentin Hampton Associate and report back to the Council next week. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Shell informed the Council that he would be going on vacation for three weeks after next Monday's meeting. Councilman Shell made a motion that the meeting be adjourned. Councilman Rotundo seconded the motion. The meeting was adjourned. MINUTES TAKEN BY: Sue Blackwell Nancy Blazi Approved this ~~ ~MaYOr ~ 8 ~. t:;::- ~