Loading...
05-17-1978 - Special Q o CITY OF EDGEWATER CITY COUNCIL Special Meeting May 17, 1978 This special meeting was called for the purpose of holding the Council Meeting scheduled for May 15, 1978 which was cancelled due to the fire. Mayor Christy called the special meeting to order at 1:00 P.M. ,May 17, 1978 in the Edgewater Community Center. ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman Carl Shell Councilman Walter B. Sikes Present Present Present Excused - Per Council approval 5/1/78 Councilman Calvin R. Dietz City Attorney Judson Woods City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Present Present I INVOCATION There was a silent invocation. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Dietz made a motion that the Council approve the minutes of the Public Hearing and Regular Meeting of May 8, 1978. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-0. BILLS AND ACCOUNTS Councilman Shell made a motion that the Council approve these bills for payment. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. COMMUNICATIONS A letter from Charles Hall, Attorney, with reference to Tommy's Lounge requesting that the lounge be allowed to stay open to at least 3:00 A.M. Councilman Dietz made a motion that the Council grant this request to stay open until 3:00 A.M. and instruct the City Attorney to draw up necessary ordinance. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 1-1. Councilman Shell voted NO. Letter of information to Council from Building Code Board. The Board has voted to change its meeting date to the third Tuesday of each month. u u Letter to Council from Board of Adjustments recommending that the Council grant a variance for Mr. Kenneth Harold for the corner lots at Frances and Palmway. The Board set specific plot plans for this variance. Councilman Dietz made a motion that the Council adopt the recommendation of the Board of Adjustments and grant this variance as specified and authorize the City Attorney to draw up necessary resolution. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-0. Letter to Council from Edgewater Volunteer Fire Department Auxiliary. The Auxiliary will sponsor the Little Miss and Master Edgewater Beauty Contest prior to July 4th celebra- tion. This year, the 4th falls on a Tuesday so that the evening before would conflict with the Council meeting in the Community Center. The Auxiliary requests that the Council consider other arrangements for their meeting so that the contest can be held in the Community Center. Councilman Dietz made a motion that we would schedule the Council meeting of July 3rd to be held some other place, so that the Auxiliary could use the Community Center. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. Letter to Council from Attorneys representing Teleprompter Southeast, Inc. requesting reopening negotiations for a new cable television ordinance. Councilman Dietz said that if a new contract is negotiated it should be based on the fact that each year they have to put out so many feet of line. The Council discussed the present contract and the possible areas for negotiation. Councilman Dietz made a motion that the Council authorize the City Attorney to contact Teleprompter's attorneys and inform them of the Council IS position. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. Tape IB COORDINATORS REPORTS Councilman Rotundo: Commended the Fire Department for splen- did job that they did during the bad fire in Florida Shores. Also Police Dept. and other auxiliary organizations that gave so much assistance. Councilman Shell: No report at this time. Councilman Dietz: Lift Station No.4 needs to have new pumps installed. It is a small job and no one will bid on it. However, it will exceed the $2,000 limit and possibly we could award it on an emergency basis. City Attorney advised that the City should go for the best contract. It is an emergency situation and we can eliminate the purchasing bid process. We cannot allow a situation where the sewerage would back up into homes. 2 o o Councilman Dietz made a motion that the Council authorize the City to award a contract to the first contractor we can get to do the work. Councilman Rotundo seconded the motion. Upon'roll call the motion CARRIED 4-0. Councilman Dietz also mentioned the Hall Subdivision. There have been some changes in the engineering due to the fact that we cannot get enough right-of-way easement for a drainage ditch. The changes will be compatible with new water management law. The engineering feasiblity on this should be ready by next Monday night and hopefully the Council will pass it at that time so that the project can proceed. City Attorney Woods: Will meet with Mr. Pennybaker on Fire and Rescue District tomorrow at 9:00 A.M. Also the City Clerk, Police Chief and City Attorney met with the State's Attorney to investigate charges made against the City. The City has been cleared of any violations of law which Mr. Opal alleged in his complaint before a Grand Jury. Mayor Christy: Spoke about the Water Management ordinance that the County Council is proposing. There is a meeting tomorrow with the County Council. He has been in contact with other mayors to increase their support to fight this proposed ordinance. Councilman Dietz made a motion that the Council instruct the Mayor to attend the Council meeting tomorrow. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-0. Mayor Christy also spoke about the recent fire. He would like Council to authorize the City Clerk to publicly thank all organizations that assisted. Councilman Dietz made a motion that the City Clerk put a notice in the News Journal and local paper thanking all those who assisted. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-0. The Council discussed additional fire plugs and the methods that could be used to purchase them. Councilman Dietz said that we need over 40 plugs at this time and they cost about $500 each. Two years from now we will probably need 80 more. The City has to find some way to buy these fire plugs. If there had been plugs out in Florida Shores, the fire could have been contained to a smaller area. There were not sufficient tankers to contain the fire to a smaller area. PROCLAMATIONS Mayor Christy issued a proclamation rtaming'May, 1978 ;as Business Women's Association Scholarship Month in Edgewater. Mayor Christy issued a proclamation May 22, 1978 as Fred GarlicklWeek. Fire Chief and is being awarded the by the I.O.O.F. RESOLUTIONS naming the week of Mr. Garlick is a former Decoration of Chivalry None 3 o o Tape 2 ORDINANCES Ordinance No. 1007 (Second Reading) AN ORDINANCE REZONING THE C. N. HAMEL PROPERTY FROM MH-1 TO R-4 AND B-3, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Shell made a motion that the Council adopt this Ordinance. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 4-0. Ordinance No. 1011 (First Reading) AN ORDINANCE AMENDING THE B-5 PLANNED SHOPPING CENTER DISTRICT ZONING CLASSIFICATION TO ADD FOOD PROCESSING AS AN ADDITIONAL PERMITTED USE, IMPOSING RESTRICTIONS, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PRO- VIDING 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 4-0. The second reading of this ordinance will be June 12, 1978. OLD BUSINESS Employee on-the-job injury: The City Attorney said this should be a policy decision by the City. There are diverse laws in various cities and the county. Possibly if the City wishes to avoid any further unionism, it might continue to extend the benefits in the PBA contract to other employees, but this will have to be up to the Council. Councilman Dietz said that he would agree to the policy of an employee injured on the job to receive his salary until he is eligible for workmens compensation. There was a discussion about a possible combination of workmens compensation and salary for a period of time, and the loss of sick time not be charged against employee for job related injuries. The City Attorney will investigate further and come back with a report next week. Public Records Law: The City Attorney still does not know what the exact position is for the City in the matter of public records of personnel files. He gave a report of the Attorney General's opinion that the Court has not ruled on the exact extent on how far you can go into personnel reco.rds. He cited some recent cases where the decision had been different in each case. It is still not clear where the courts stand on this subject. The Council discussed possible steps that could be taken to protect the privacy of City personnel. 4 Tape 2B o o The Council had a five minute recess. Bids received for Addressograph equipment: The City Clerk stated that the City had received two bids on this equip- ment. One from Baron Printers and one from Florida Shores Homes Owners. Florida Shores bid $375.00 for one graphotype Class 350 and one addressograph Class 1900 Baron Printers bid $275.00 for one graphotype Class 350 and $425.00 for one addressograph Class 1900. Total $700.00 The City still has some equipment that was not bid on. Councilman Dietz made a motion that the Council accept the bid of $700.00 from Baron printers for the two machines. Instruct City Clerk to dispose of the other equipment in the best way possible. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-0. Summer Recreation Plan: Tabled until next regular meeting. The City Clerk said that there was not enough money in the City especially for an adult program. NEW BUSINESS / / Minimum starting wages: Councilman. Dietz stated that he cannot hire anybody in the water and sewer department for $2.70 an hour that is capable of doing the jobs required. -He ~uld like to see a starting wage of $3.00 an hour. In the utilities department they would be increased to$3.25 within 45 days and within 90 days to $3.50 an hour. We need qualified people. The Council discussed the need to classify the different workers. It will be necessary to make this starting wage the same for all City employees. Mayor Christy said that the Council will have to figure in higher wages for all employees into the new budget. Councilman Dietz made a motion that the City Council adopt the minimum startini wage for the City of Edgewater at $3.00/ hour and that the Department Heads work with City Clerk to adjust wages of the people that are now working to compensate them for the increase that is being afforded to the new em- ployees. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Dietz added that when the budget is established the City Council will adjust wages according to Federal cost of living indexes. We need a better caliber of people and they need to get a decent living wage. Bad checks;: Mayor Christy~said that the City was getting too many bad checks and having difficulty in collecting for them. 5 o o . The City Clerk said that we should be able to charge people for bad checks. Councilman Dietz made a motion that the Council authorize the City Attorney to draw up a resolution setting forth a penalty of $5.00 for bad checks in .compliance with State statues. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. Public Hearing, Anti Recession: The Council will hold a public hearing on June 12, 1978. Petition from citizens on Edgewater Park: Mayor Christy stated that work has been started to improve the area. He asked that a letter be written to this group telling them that the improvements will continue. Councilman Dietz said that we should examine all the park areas in the City and make sure that they are kept up properly. Tape 3 Front foot assessment on Thomas, Dayton, Virginia, Juniper, etc.: Councilman Dietz said that we don't have a sewer line on Thomas St. and contractors are ready to build in this area and others. He wants a front foot assessment for these areas. The rapid growth of this City means that if. we wait the more in trouble the city will be. This must be made part of the future policy of the City. On Thomas St., for example it will cost $16.26 a lineal foot. He wants to go on record to notify the City Council and the citizens of Edgewater that it is our intention to proceed with this. The cost varies on the different streets. One of these days the Board of Health will come in and say that we much do this. If we do this all together we can get a better deal from a contrac- tor. It will be necessary for the Council to have a hearing on this but they have to have a resolution first. Councilman Dietz said that the resolution should state that any homes that are presently in the area that will be affected by this assessment, there will be no connec- tion fees, there will be no impact fees provided the home owners hookup within 120 days from the time the DER gives us an acceptance. The City Attorney said that the Council should discuss how the home owners will be allowed to pay for this. Councilman Dietz said they could pay within a 5 year period @ 6% interest. It would be 6% of the unpaid balance. Mayor Christy asked Councilman Dietz is he wished to make this a motion. Councilman Dietz said he did. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. The City Attorney will draw up a resolution. The City Attorney said that he had discussed the subject of culverts with the Building Inspector. The City needs a more definitive policy as to when to put in these culverts. 6 . . . o .0 Councilman Shell said that they have looked over many of the lots and found that they did not need culverts. On Wildwood where we need culverts many of the houses have been finaled out. We finally got the plans from Briley, Wild on how they should be done. Councilman Dietz said that any time there is a doubt as to whether there should be a culvert why don't we then say they should have a swale type driveway. Amend the ordinance to'say that there will be this type driveway to accomodate any future drainage problems. Councilman Shell said this would be alright on new houses but it is not alright on those already built. Councilman Dietz said that any future water management law will eliminate a lot of the canals and they will want to swale all this water and run the water across the lawns. They want to get away from culverts, storm sewers, etc. and get the water back into the ground. Richard Diamond, City Planner spoke to the Council. He has received copies of technical bulletins that the County will go by for permitting storm water drains. He has given a copy of one of the bulletins to the Building Inspector to study. It is technical enough to require an engineering study. This is assuming that the County will require the cities to follow the same guidelines. Mayor Christy said that according to a meeting on water management that he attended recently, Edgewater has one of the best drainage systems in the County now. The City Planner is supposed to meet with the Water Management Specialist for the County next week. The City Attorney said that the City has an immediate problem as to where we are going to put these culverts. It might be wise to make the installations of culverts as a discretionery function of the Street Dept. or Building Inspection to determine the necessity of a culvert. Tape 3B Councilman Dietz suggested that the City Attorney research this and see if we can change the ordinance. Councilman Dietz further stated that as far as engineering studies ~re concerned Edgewater is often too small a job to interest and if they get a grant then they have to go out for bids; without a grant Briley, Wild would handle the job. We were rejected on the last grant that we applied for, according to Briley, Wild, He has asked for a disposition on this. There was a discussion on engineering services available to the City. Councilman Shell said that he had had Briley, Wild study the Wildwood area and give us plans on what can be done. How can we get culverts in where they are needed? -7 o o There was more discussion about this subject. Councilman Rotundo said that if they do not need a culvert they can have their money refunded. Perhaps the Building Inspector should have a map showing where ditches are located and where culverts are needed. The present procedure of collecting the money when the permit is issued and then refunding it if a culvert is not necessary should remain in effect. The City Attorney said that the Building Inspector needs more authority to enforce the culvert ordinance and withhold occupancy of the house until a culvert is put in. Councilman Dietz made'a motion to instruct the City Attorney to draw up an ordinance amending the culvert ordinance stating that before the certificate of occupancy will be given, the drainage will be to the complete satisfaction of the city's ordinances and laws. Councilman Rotundo seconded the motion. After further discussion Councilman Rotundo withdrew his second and Councilman Dietz withdrew his motion. Tape 4 The City Attorney will research this further and make a recommendation to the Council. Councilman Shell and Councilman Dietz were authorized by the Council to talk to some of the homeowners who are presently having problems about culverts. The motion for this authorization was made by Councilman Rotundo and seconded by Councilman Dietz. Upon roll call the motion CARRIED 4-0. Councilman Shell made a motion to adjourn. Councilman Rotundo seconded the motion. Upon roll call the motion carried. The meeting was adjourned. A T-T EST : ~~~ ~ue Blackwell, City Clerk ~ .}L MINUTES TAKEN BY: Sue Blackwell Nancy Blazi rb Approved this ~ ~day of May, 1978. <-- " 8