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04-23-1979 - Regular '... u u 4' !hd ~ " 11 ell JftPJflJ CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING April 23, 1979 Mayor Christy called the re9ular meeting of the City Council to order at 7:00 P.M. in the Edgewater Community Center. ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman David C. Ledbetter Councilman Walter B. Sikes Councilman Neil J. Asting City Attorney Judson Woods Deputy City Clerk Cornelia Kinsey 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 Ledbetter made a motion that the Council approve the minutes of the Council Public Hearing and Regular Meeting of April 16, 1979. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Rotundo asked why we were doing business with Williams Glass Co. The City has had a lot of problems with the man who runs this business and maybe we should do business with someone else. Mr. Woods said that the City should purchase items where they get the best price and not allow personalities to enter into purchasing regardless of what personal trouble the City may be having with a company. Councilman Rotundo made a motion that the Council approve these bills for payment. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Sikes remarked that we have spent over $500.00 advertising for a City Clerk and a City Planner. PROCLAMATIONS Mayor Christy read two proclamations. Proclamation naming April 26, 1979 as the First Annual Student Government Day. The students of Edgewater that were elected as Mayor, Councilpersons, City Clerk, City Attorney, Police and Fire Chiefs will assume these duties for one day and also hold a Council Meeting at 1:00 P.M. in the Community Center. The second proclamation was to urge citizens to support the Campus Life organization that is presently trying to develoD a program for teenagers in the area. COMMUNICATIONS The Deputy City Clerk read a letter from Frank Opal, 2002 Pine Tree Dr., Edgewater, requesting that the subject of the bike path be placed on the agenda for discussion. ,~ u Q Councilman Ledbetter said that he believed the State had suggested a different place for the bike path but that they would approve the bike path along U.S. 1, if the City called it a sidewalk and built it off of the highway. He added that the former City Planner was to have taken care of the application for a sidewalk. Mr. Opal spoke to the Council and said that it had been over six months since the Council approved money for trusses for a bridge over the canal which was to be part of the bike path. Mayor Christy said that the trusses were delivered but that the City did not have the equipment to unload the heavy tresses and they were returned to the dealer until such time as we could handle them. Councilman Asting wanted to know why we paid over $600.00 for tresses we never have received or used. Mr. James Cameron, Riverside Dr., spoke to the Council concerning alternate path that had been originally suggested to the Council. road would connect with old County Rd. and run behind the school. would be a much safer bike path for the children. Councilman Asting made a motion that the Council authorize the Mayor to try and get the money back from Indian River Prestressed Concrete. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 3-2. Mayor Christy and Councilman Sikes voted NO. the This It The D~~uty City Cl~rk re~d a letter f~om the Florida Dept. of Administration, stating that the City had been granted an extension on the completion of the comprehensive plan. The extension is until July 1, 1980. This was for Council information. The Deputy City Clerk read a letter from Albert Perotta concerning a position as a karate teacher for the Edgewater Summer Program. Mayor Christy said he would like to establish a program this summer for the young people in Edgewater. Councilman Sikes said that the County already provides a program for the youth of the area. He suggested that the City contact Mr. Perotta and suggest that he get in touch with New Smyrna Beach recreation director, Owen Davidson. The Deputy City Clerk read a letter from Mr. and Mrs.Furman Schaeffer of 112 Riverside Terrace. The Schaeffers want street signs put up at Riverside Terrace and Riverside Drive and also arrangements made for garbage pickup at the rental house in the rear of their property. Mr. Woods said that this street was not a dedicated street, just an easement. The City cannot put up street signs or allow their garbage trucks to go onto the easement. We should notify the Schaeffers that this is not a dedicated street and they will have to put up their own markers. COORDINATORS REPORTS Councilman Rotundo - no report. Councilman Ledbetter - no report. Councilman Sikes said that he had recently learned that certain records were taken from City Hall and placed in the Police Dept. He also found out that there was an investigation concerning these records. Councilman Rotundo and Councilman Ledbetter did not know these files had been removed from City Hall and he wanted to know by what authority the Police Chief removed these files. Chief Baugh said that Mr. Wharton, former City Clerk, and Councilman Asting had authorized him to take these files to the Police Dept. for safekeeping. Councilman Asting said that these were files that are presently being used in the audit of the WjWW accounts. The files were put in the Police Dept. so that no one could tamper with them before the audit was done; 2 .~. u o Councilman Sikes made a motion that the Council request a report from the Police Chief on the investigation of these records. This report should be in the Councilman's files no later than 5:00 P.M. tomorrow. Councilman Rotundo seconded the motion. Councilman Ledbetter asked Councilman Asting if he felt that the files would be more secure at the Police Dept. Councilman Asting said that yes, he believed they would be more secure there. He is now responsible for accounts in the W/WW Dept. and he wanted to be sure tnat a proper~~dit was done. Upon roll call the motion CARRIED 3-2. Councilman Ledbetter and Councilman Asting voted NO. Councilman Asting made a motion that the Council authorize the testin9 of the pump at Well No.1. This will cost around $2,000.00. They are having trouble with this well and it must be corrected. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. City Attorney Woods told the Council that it will be necessary to check with the Dept. of Transportation before they can decrease the speed limit in Florida Shores. . Councilman Rotundo said that it will be difficult to enforce this speed limit if they only have one officer on duty out there. Mr. Woods added that it will also be a rather expensive proposition to put new signs out in Florida Shores. Councilman Asting sugge~ted that they put large signs at all the entrances to Florida Shores. The Police Chief will get the necessary information from the D.O.T. on the procedure for changing speed limits. Deputy City Clerk Cornelia Kinsey spoke to the Council concerning the establishment of a Credit Union for employees. Volusia County has a credit union that our employees can join. There is no expense to the city, it is a payroll deduction plan. However, the Council does need to pass an resolution approving the participation of the employees. Councilman Ledbetter made a motion that the Council authorize the City Attorney to review the proposed resolution and report back to the Council. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy suggested that a poll be taken to find out how many employees are interested in joining the credit union. Mayor Christy reported that we had received figures from the Federal Government on our current population that are quite different from the total we have received from the volunteer census that was taken under the supervision of the Univ. of Florida. He has challenged the Federal figures and will send a certified population total to the Federal govern- ment as soon as we receive it from the Univ. of Florida. Mayor Christy told the Council that we have received approval from the School Board to fix up the baseball field and recreation area next to Edgewater Elementary. He will need Council approval to have some of the repairs done. The County has sent us a sample lease and we can lease the land for 99 years at a $1.00 per year. Councilman Sikes made a motion that the City Attorney review the lease agreement for the purpose of entering into a lease contract on the lands around the school. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy will get some estimates on what some of the repair work will cost. The Attorney will report back in two weeks. 3 ~ u ~ RESOLUTIONS The City Attorney read Resolution No. 79-R-45 A RESOLUTION APPOINTING ANNA KLECAN, ALAN CROWDER AND VIC VANDERGRIFFT TO THE EDGEWATER MERIT BOARD OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion that the Council adopt this Resolution. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney read Resolution No. 79-R-46. A RESOLUTION APPOINTING JOHN C. GROSS, HAROLD BROWN, SEBASTIAN SICILIANO, THOMAS KANE, PAUL LOEFFLER, ROBERT WITZIG, HARRY BASSETT, MRS. IRENE L. MACKIE, WILLIAM GLASER AND MRS. JEAN BROWN TO THE INDUSTRIAL DEVELOPMENT ADVISORY BOARD OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE. Councilman Rotundo made a motion that the Council adopt this Resolution. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Rotundo asked that the Deputy City Clerk notify the new members of the Industrial Advisory Board that an organizational meeting will be held at City Hall on Thursday, April 26, 1979 at 7:00 P.M. ORDINANCES The City Attorney gave the second reading of Ordinance No. 79-0-10. (Title only) AN ORDINANCE IMPOSING AN INCREASE IN THE BUILDING PERMIT FEE ON THE CONSTRUCTION OF ALL NEW RESIDENCES AND COMMERCIAL BUILDINGS IN THE CITY OF EDGEWATER, FLORIDA, IN ORDER TO PROVIDE A MORE ADEQUATE STREET LIGHTING SYSTEM; SETTING FORTH THE METHOD OF IMPOSING SAID FEE AND PROVIDING FOR ITS COLLECTION; SETTING UP A SEPARATE ACCOUNT FOR THE DEPOSIT OF ALL FEES COLLECTED AND RESTRICTING THE USE OF SAID FUNDS; SETTING FORTH A PROCEDURE FOR THE UTILIZATION OF SAID FUNDS FOR THE PURPOSE OF PROVIDING ADEQUATE STREET LIGHTING; REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HERE- WITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion that the Council adopt this Ordinance. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney gave the first reading of Ordinance No. 79-0-12. AN ORDINANCE APPROVING THE REZONING OF THE MIKE CALDWELL PROPERTY FROM RESORT-RESIDENTIAL PLANNED UNIT DEVELOPMENT (RR-PUD), REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion that the Council accept this Ordinance. Councilman Asting seconded the motion. Mr. John Godbee, Attorney for Mr. Caldwell, spoke to the Council concerning the objections his client had to this rezoning. He also stated that according to Fla. Statutes Section 166.041, this proposed ordinance had not been properly advertised or his client properly notified. Mr. Caldwell will have to resist this ordinance to the full extent the courts will allow. Mr. Woods said that the City had advertised properly. Mr. Godbee was given a copy of the Ordinance. Upon roll call the motion CARRIED 5-0. 4 :.1 u o The City Attorney read Ordinance No. 79-0-13. First reading. AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED; PROVIDING FOR THE EFFECTIVE DATE OF SUCH CODE AND A PENALTY FOR THE VIOLATION THEREOF; AND PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. Councilman Asting made a motion that the Council accept this Ordinance. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The Deputy City Clerk will advertise the second readina of these proposed Ordinances prior to their adoption by the City Council: Mayor Christy called a 10 minute recess. Meeting called back to order. OLD BUSINESS The Deputy City Clerk read the Certification of Bids for the Hydraulic Lift. Bids were received from: Equipment Sales Co., Inc. Counts Supply Co., Inc. $2,242.00 $2,024.00 The Deputy City Clerk read a recommendation from Mr. DeGroot, City Engineer, that the Council accept the bids from Counts Supply Co., Inc. as the lowest and best bid. Mrs. Kinsey stated that she could not certify that funds were available at this time. The Council needs to hold a workshop to discuss adjusting the budget and then hold a Public Hearing on changes in the budget. The Council decided on May 8, 1979 at 7:00 P.M. for a Workshop on the Budget. Councilman Ledbetter made a motion that we table these bids until a later date. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Rotundo said that we should notify these companies to see if they will hold the bid. The Deputy City Clerk read the Certification of Bids for the Air Compressor. The bids were opened and read. Trident Co. Biscayne $2,335.50 $2,491.20 Councilman Sikes made a motion that these bids be tabled and referred to the Fire Chief for his recommendation. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The Council discussed the Bus Service. Councilman Asting read a letter from the Fla. Dept. of Transportation approving the extension of bus service from New Smyrna Beach to Edgewater on a trial basis. Mayor Christy said that there is a very good possibility that Federal funding may be available to extend this service over a two year period. However, New Smyrna Transit has said that a 90 day trial period would give us a better idea on how this will work than a six weeks trial period. Councilman Asting made a motion that Edgewater enter into an agreement with New Smyrna Beach to have their bus service come into Edgewater on April 30, 1979. The first bus would leave the Canal St. terminal at 8:20 A.M. 5 .... 'J ~ This service would be on a trial basis of six weeks at which time the Edgewater City Council will evaluate the feasibility of continuing service for another six weeks. The Council should authorize the Mayor and City Clerk to sign this agreement with New Smyrna Beach. The agreement should state the cost per day, the charge per customer, the route and the time schedule. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Asting made a motion that the Council table any action on the City Clerk and City Planner until next week. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. AUDIENCE MISCELLANEOUS Mr. Jack Ascher", Insurance Agent for the C i t Y I S Medical Pol icy with Prudential, spoke to the Council concerning a new Federal law that requires anyone with over fifteen, employees to carry maternity benefits. Mr. Ascher1 bel ieves this will ,cost the City approximately $200. to $250. extra per month. There was a lengthy discussion between the Council and Mr. Ascher1. The EEOC has set guidelines and the City cannot change their insurance policy for at least six months. Mr. Ascher1 suggested that when the Council goes out for bids next fall on a new insurance policy they may decide to reduce some of the benefits as a cost savings. However, the City must carry maternity benefits and the law becomes effective Apr. 29, 1979 The only alternative would be self-insurance would could prove even more costly. Councilman Sikes made a motion to table this until April 30, 1979 so that the Council could get accurate cost figures, primarily on dependent coverage under this new addition to the policy. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Mr. Ascher1 also asked the Council to set up a Workshop to discuss the Pension Plan. The Council agreed on May 22, 1979 or May 29, 1979 at 7:00 P.M. Mr. Ascher1 will notify the Council which date he can be here. NEW BUSINESS The Council considered an application by Mr. Richard Cullen for a Lawn Service business at 150 Highland Ave. This is a home occupation license. Councilman Ledbetter made a motion to grant this license. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. The Council considered an application for a 1i cense by ATCO Construction Co. at 203 W. Marion Ave. This is an occupational license. Councilman Ledbetter made a motion to grant this license. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. The Council considered an application for a home occupational for William Glaser, III, 1703 Needle Palm Dr., for a lawn care service. Councilman Ledbetter made a motion to grant this license. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy called the Council IS attention to three resolutions that have been passed by the Volusia League of Municipalities. He asked that the Council consider adopting similar resolutions. Resolution to oppose Standby Conservation Plan No.1. Councilman Ledbetter made a motion that the Council authorize the City Attorney to draw up a similar resolution for Edgewater. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Resolution to waive county imposed fees on municipalities. Councilman Rotundo made a motion that the Council authorize the City Attorney to draw up a similar resolution. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. 6 ., :";... u u . , Resolution opposing County. Beach Authority. Councilman Asting made a motion that the Council authorize the City Attorney to draw up a similar resolution. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy asked the Council to consider a resolution that he has proposed regarding equitable taxation and distribution of shared revenues. The Mayor read the proposed resolution, in full. Councilman Ledbetter made a motion that the Council authorize the City Attorney to draw up this resolution. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. It was requested that a letter of transmittal be sent along with these resolutions to notify our County, State and Federal representatives that the City of Edgewater wishes to be informed concerning any action they may take on these resolutions. Councilman Ledbetter said that he would like information on Ordinance 880. The Proof of Publications on the advertising of public hearings and the reading of the full ordinance. Minutes of Zoning Board and Council hearings concerning the rezoning of the City. Mayor Christy said that this information will be given to Councilman Ledbetter. Councilman Ledbetter made a motion to adjourn the meeting. Councilman Rotundo seconded the motion. The meeting was adjourned. Minutes submitted by: Nancy Blazi L r 'Zh s. u 5#'-0 Councilman ATTEST: ~~~. Deputy Ci y C e~ -1j4f5\to~ Counc', 1 ma ~A A P pro v e d t his 3 (7 "f'/I day 0 f April, 1979. --.. 4 7