01-15-1979 - Regular
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CITY OF EDGEWATER
CITY COUNCIL REGULAR MEETING
January 15, 1979
Mayor Christy called the regular meeting of the City Council
of the City of Edgewater, Florida 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
City Clerk John Wharton
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 Asting made a motion that the Council approve the
minutes of the Special Council Meeting on January 3, 1979 and
the Regular Council Meeting on January 8, 1979. Councilman
Sikes seconded the motion. Upon roll call the motion CARRIED 5-0.
BILLS AND ACCOUNTS
Councilman Rotundo made a motion that the Council approve these
bills for payment. Councilman Ledbetter seconded the motion.
Councilman Rotundo asked if the Briley, Wild bills would be paid
up to date.
Mr. Wharton said that except for Layne Atlantic and two BWA
bills that have to be approved for payment by FmHA, they are up-to-date.
Councilman Sikes said that he did not want to approve Briley,
Wild bills for payment until he knows that the work we were charged
for was all completed. If he votes no to paying the bills, it is
because of the Briley, Wild bills.
Upon roll call the motion CARRIED 4-1. Councilman Sikes voted NO.
COMMUNICATIONS
The City Clerk read a memo from Richard Diamond, City Planner,
concerning a preapplication for the 701 Comprehensive Planning
Grant for 1979-1980. This grant requires a one-third (1/3)
match by the local government if our program is funded. However,
the preapplication in no way obligates the City to accept funds
or appropriate local matching funds. The deadline for submission
of this preapplication is February 9, 1979.
Councilman Sikes made a motion that the City apply for the 701
Comprehensive Planning Grant. Councilman Rotundo seconded the
motion. Upon roll call the motion CARRIED 5-0.
Councilman Asting requested that Mr. Diamond be present when
he submits communications to the Council so that the Council can
question him directly.
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The City Clerk read a memo from James Murphy, Water and Wastewater
Supervisor, concerning a request to re-organize the Water Plant.
Mr. Murphy would like a position established for a Surerintendent
of Water Treatment added to the position of Superintendent of
Potable Water. He believes it would benefit the City to have
a qualified experienced full-time City employee with~ a Class B
license.. The Superintendent of Water Treatment Plant would
supervise training of personnel, establishment of oersonnel
working schedules and the implementation of an economically sound
and timely equipment maintenance schedule, Mr. Murphy has
recommended that Mr. William Feeney be aopointed to this position.
Councilman Asting made a motion that the Council table this
request until after the first of the month. Councilman Ledbetter
seconded the motion. Upon roll call the motion CARRIED 5-0,
Councilman Asting requested that the other memo from Mr, Murphy
be read at this time.
The City Clerk read the memo from Mr. Murphy concerning the
engineering services contract between Briley, Wild and the City.
In order to improve both the efficiency and the effectiveness
of the current engineering services contract between the City
and Briley, Wild, the request was made that the City Clerk be
designated the sole authority to commit city funds for the
acquisition of engineering and/or related services from Briley,
Wlld.
The Council discussed this request and agreed that it would be
a good way to keep track of who authorized Briley, Wild services
so that the City Clerk would have a better record of the services
performed for the City by Briley, Wild.
Councilman Astina made a motion that the City Clerk is to be
notified whenever services for or from Briley, Hild are used.
Councilman Rotundo seconded the motion. Upon roll call the motion
CARRIED 5-0.
The City Clerk will notify the City Departments.
The City Clerk read a letter from James Nichols, Civil Defense
Coordinator, requesting that the Council consider adding additional
names to the list at Stark so that they may purchase items for
their respective departments.
The names suggested were: James Murphy, Utilities Director;
Kevin Bosse, Wastewater Supervisor; Terry Wadsworth, Water Dept.
Supervisor and Earl Copeland/Everett Wilcox, Street Department.
Councilman Asting made a motion that the Council accept the
addition of names to the list at Stark with the exception of Mr.
Bosse and Mr. Wadsworth. Councilman Ledbetter seconded the motion.
Upon roll call the motion CARRIED 5-0.
The City Clerk read a letter from VCOG concerning the 208
continuing planning process grant. There has been an adjustment
in the match assessment. For budgetary consideration in the
preparation of the City's budget for 1979-1980 the new amount
will be $1,019.00.
Councilman Sikes made a motion that the Council table this until
next week. Councilman Rotundo seconded the motion. Uoon roll call
the motion CARRIED 5-0.
The City Clerk read a letter from the Merit Board requesting that
the Council consider amending the Merit Ordinance so that any
recommendations of the Merit Board would have to be approved or
rejected by a 4/5 vote of the Council.
Councilman Asting made a motion that the Council reject this request.
Councilman Ledbetter seconded the motion.
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Mrs. Louise Martin, Chairman of the Merit Board, spoke to the Council
and said that the Merit Board felt that any recommendations made
by the Board would effect all the employees of the City and that
it would be a benefit to the employees to have this margin of a vote.
__Councilman Sikes said that he believed the original ordinance called
for a unanimous vote of the Council and that was changed to a
majority. He believes that the employees should have a right to
work regardless of any politics involved and feel, that as long
as they are doing their job ~hey would have a reasonable amount
of job security.
Councilman Asting agreed that employees should be free of politics
but he felt that a majority vote was sufficient.
Mr. Walter Gross, Merit Board member, said that a unanimous
decision made by the Merit Board after many hours of research
and questioning could very possibly change the policy of the City
as far as personnel matters are concerned. This, in turn, would
effect all the employees and that is the main reason the Merit
Board has requested a 4/5 vote.
Mr. Woods said that he felt one of the primary reasons the Merit
Board wanted a 4/5 vote was that it would be a vote of confidence
that the City would place in the Merit Board to remove it from
politics in the personnel program.
Mr. Gross said that this was true and it would eliminate any
personalities involved. He would like the Council to consider
this before making a final decision on this request.
Mayor Christy asked Mrs. Martin if the Merit Board had voted
unanimously to make this request of the Council.
Mrs. Martin said that it was a unanimous vote of the Merit Board.
Mr. Witzig, Queen Palm Dr., Edgewater, asked if this might not
mean that an incompetent employee might be more difficult to get
rid of if the vote were 4/5?
Mrs. Martin said that if the Merit Board votes unanimously to
put a recommendation before the Council that they feel is good
for the City employees, without any political tie-ins, if the
Council vote-is at least 4/5, the Board would feel you have made
a firm decision. We are not talking about money, we are talking
about people.
Mr. Frank Opal, Pine Tree Dr., Edgewater said he agreed that
this would be a controversial vote and he questioned why it should
be necessary to change this for the Merit Board when a majority
Council vote applies to all the other Boards.
The motion to reject the Merit Board recommendation for a 4/5
Council vote CARRIED 3-2. Councilman Sikes and Mayor Christy
voted NO.
The City Clerk read a memo from the Zoning Board requesting that
the City Council appoint the City Planner, Richard Diamond, as
the designated Zoning Enforcement Official.
Councilman Ledbetter said that the Police Chief was the only
enforcement official in the City.
Mr. Siciliano, Zoning Board Vice-Chairman, spoke to the Council
and explained that,at the present time, Charles Murphy the Building
Official was also the Zoninq Enforcement Official. The Zoninq
Board believes that Mr. Dia~ond is better acquainted with the-
880 Ordinance and he could be more effective in determining
zoning irregularities.
Chief Baugh told the Council that he is the final enforcement
official and he, or another officer, have gone with Mr. Murphy
to enforce zoning irregularities. He would be happy to work
with Mr. Diamond and he also felt that Mr. Diamond had a better
knowledge of the zoning laws.
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Councilman Sikes said that the City Planner is already a very
busy man and we should make sure he will have the time to do this.
Councilman Asting said that Mr. Diamond would not have any
enforcement powers but that he does know the zonin9 laws and
would be able to do this job well.
Mr. Woods said that this would be a matter of coordinating
with the Police Dept. in matters that pertain to the enforcement
of the zoning laws.
Councilman Asting made a motion that, based on the memo from the
Zoning Board, the Council would appoint Mr, Diamond as Official
Zoning Advisor to the City of Edgewater ~Jith investigative powers
as they concern zoning laws. The City Attorney would be authorized
to draw up the necessary resolution. Councilman Rotundo seconded
the motion.
Councilman Sikes said that Mr. Diamond should be reimbursed for
any additional expense for ~ileage in connection with this
additional duty.
Upon roll call the motion CARRIED 5-0.
The City Clerk read a letter from the Zoning Board concerning
adding car sales as a permitted use in B-3. The Board believes
that some control over this type of business is necessary.
Therefore they recommend that the Council change the wording
of the Special Exception paragraph of B-3 District to read:
Special Exception:
Outdoor display or storage of equipment or material, provided
that, in the interest of safety to children and adjacent property
owners, outdoor storage sales will be encompassed by a fence
or wall at least six (6) feet high; the bottom four feet being
sealed and the top two feet being open.
Outdoor display, storage or sale of operative automobiles, boat
motor and boat trailer sales and service, car washes, and mobile
home sales provided that an appropriate opaque fence or plant
materials be provided to screen adjacent properties where deemed
appropriate.
Councilman Rotundo made a motion that the Council acceot this
recommendation of the Zoning Board. Councilman Astinq seconded
the motion.
Councilman Sikes said that we would have to have a public hearing
on this because it is a rezoning.
Upon roll call the motion CARRIED 3-2. Councilman Sikes and Mayor
Christy voted NO.
The City Attorney requested time to check on the ~ercentage of
the City that would be involved in this zoning change in order
to set up the proper notification. He will report back to the
Council with a date for the public hearing.
The City Clerk read a memo from the Edgewater Volunteer Emergency
Rescue organization listing the elected officers for the current
year. (Copy attached to minutes of meeting).
Councilman Astin9 made a motion that the Council ap~rove this
slate for E.V.E.R. Councilman Rotundo seconded the motion. Upon
roll call the motion CARRIED 5-0.
The City Clerk read a letter from James Nichols requesting an
advance of funds to attend a Civil Defense career development
seminar. The amount requested was $147.40. The U.S. Government
will reimburse all but $17.40 of this amount.
Councilman Sikes made a motion that the Council authorize the
expenditure of $150.00. Councilman Ledbetter seconded the motion.
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Upon roll call the motion CARRIED 5-0.
Mayor Christy called a 10 minute recess.
Mayor Christy called the meeting back to order.
COORDINATORS REPORTS
Councilman Rotundo said that he had studied the bids for a
rescue vehicle with Jack Bevel, Pres. of E.V.E.R. It was their
recommendation that the Council award the bid to Miller Meteor
for $14,897. The bid had originally been for a 1978 vehicle
and Miller Meteor had advised Mr. Bevel that they would supply
a 1979 vehicle for the same price.
Councilman Rotundo made a motion that the Council authorize
the purchase of a rescue vehicle from Miller Meteor for $14,897.
Councilman Sikes seconded the motion.
The City Clerk certified that funds for this purchase were
available.
Upon roll call the motion CARRIED 5-0.
Councilman Rotundo said that he would also like Council approval
to purchase the police cars on the County bid.
Councilman Sikes said that he felt we should wait until after
the PBA negotiations.
The City Clerk certified that funds were available for this
purchase. The money had been appropriated from Revenue Sharing.
Councilman Rotundo made a motion that the Council authorize the
purchase of two police cars on the County bid. The total amount
is $10,827.40. Councilman Ledbetter seconded the motion. Upon
roll call the motion CARRIED 5-0.
Councilman Rotundo also said that he will talk to Mr. Hetrick and
Fire Chief Foster about the proposed Fire District. He will
report back to the Council next week.
Councilman Ledbetter asked what the status was with Tomoka Refuse.
Chief Baugh said that Tomoka had had some people in town the past
few days picking up the dumpsters that their company owned. However,
the men had left garbage allover the place.
Mr. Woods said that we might be able to charge them for the extra
work this caused the City.
Councilman Rotundo made a motion that if this continues, the Chief
should issue citations. There was no second.
Mayor Christy said that this was being taken care of.
Councilman Sikes
had no report at this time.
Councilman Asting said that he and the City Clerk had talked with
officials of FmHA concerning the expansion of the $300,000. loan
for the addition of a re-carbonation unit to the Water Plant. They
said they would be agreeable to a loan expansion if it wasn't in
conflict with our Resolution 769. This would be in conflict with
that resolution. However, the auditors have suggested that we
might be able to pay for this re-carbonation unit with internal
funds. Our sinking fund has a surplus in it of about $44,000.
The auditors suggested that we budget a portion of that money into
our fund 40 which is Ooeration and Maintenance and then transfer
this into the construction fund. If we went this route, it would
take about four or five months to accumulate enough money to pay
for the re-carbonation unit. We would of course maintain our
sinking fund so that we could maintain our obligations.
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James Nichols asked the Council about the qualified engineer
that was presently working for the City for a $1.00 a year.
Councilman Asting said that Mr. Murphy was doing this on a
temporary basis. We want a permanent engineer. Mr. Murphy is
eligible to put in an application, if he desired.
Councilman Asting said that there have been so many comments
made in and out of Council meetinQS concerninq Water and Wastewater
projects, that for the public and-his own ben~fit, since he is
now involved, he feels a separate audit of these activities is
necessary. In going through the files he has seen imoroperly
prepared invoices concerninq the transfer of funds from one
account to another. Councilman Asting made a motion to employ
the auditing firm of Brent Millikin, CPA, New Smvrna Beach to \
perform an in depth audit of Water and Wastewater- accounts and
that the Cit~ Clerk prepare a written request to this firm to J
perform t ne- aUdT:r:-C-ou nc i 1 man 'Led better' seco-nded the mot ion. .
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Councilman Rotundo asked what account the payment for this audit
would come from?
Councilman Asting said that it would come from the Water/Wastewater
accounts. .-:'" .~.. .,._0-
Councilman Sikes said that the audit that was made by May, lima
goes to the State. We get this information from May, lima.
This seems to be a waste of money when we have already paid to
have it done.
Mr. Walter Gross spoke to the Council and questioned why May,
lima did not show a surplus because there seemed to be a number
of bills that were unpa~d, previous to Sept. 31, 1978.
Mr. Wharton said that we had bills that were not paid in the
last fiscal period but that does not make a surplus.
Councilman Astinq said that we have one account in the Water Dept.
that is $30,000..over the budget. This is because we had to pay
bills that were contracted for in Sept. and Oct.
Mr. Frank Opal said that an independent audit was long overdue.
Mr. Witzig said that this would clear up any doubts that people had.
Upon roll call the motion for an independent audit CARRIED 5-0.
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City Attorney Judson Woods said that he had checked on the possible
loss of homestead tax exemption if a person is using his home for
business purposes. The Tax Assessor's office said that there was
no prohib~tion against using a house as a residence and/or business.
They do not deny the homestead tax exemption.
The Vasallo bid 0ill be"discussed under old business. He has not
received the receipt for the certified letter he sent to Vasallo.
The Council is free to go to the next lowest bid, if that is their
desire. We are out of any obligation to Vasallo.
Councilman Asting made a motion that the Council award the bid
for pipe to Southeastern Municipal (the next lowest bid). Councilman
Sikes seconded the motion. Upon roll call the motion CARRIED 5-0.
Mr. Woods said that concerning the Mockingbird Lane subcontracting
of paving, the City can subcontract and 'i~ ~.ree to accept proposals.
Mr. Woods said that a request had been made that he prepare an
o r din a nee 0 nth e dum pin 9 oJ i.n d u s t ria 1 y' a s t e s. . H e p u 1 1 e d 0 uta 1 1
the ordinances on ~ferand sewer and there are a lot of ordinances
and many of them are confusing. He would like authorization of
the Council to go ahead and try to straighten this hodge podge out
so that these ordinances will have some meaning for the people
that have to work with them and interpret them.
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Councilman Asting made a motion that the Council authorize
the City Attorney to review and condense the ordinances on
Water and Wastewater. Councilman Sikes seconded the motion.
Upon roll call the motion CARRIED 5-0.
The City Clerk read two proposals for paving Mockingbird Lane.
Modlin Construction Co. total $7200. and Towers Construction
Co. total $7,649.20.
Councilman Ledbetter made a motion that the Council accept
the proposal from Modlin Construction which was the low bid.
Councilman Astingseco-ncfe'(j the motion. Upon roll call the
motion CARRIED 5-0. -
Mr. Wharton asked the Council to approve $136,126.09 for
Layne Atlantic and Briley, Wild. This is Phase II, Report
8.
Councilman Rotundo made a motion to pay this bill. Councilman
As tin g seconded the motion. Up 0 n J 0 11 call". the motion CARRIED 5 - 0 .
Mayor Christy said that he wanted to remove the backdrop from
the stage in order to make the necessary repairs to improve the
sound system. He will get permission from the Board of Governors
who are in charge of the Community Center.
RESOLUTIONS
None.
ORDINANCES
None
OLD BUSINESS
The City Clerk certified that he had received bids from Southeastern
Municipal and Davis Meter.
Southeastern Municipal Supply bid was $1,091.90.
Davis Meter total was $1,095.55.
These bids have been reviewed by Mr. James Murphy and Mr. Kevin
Bosse. It was their recommendation that with a difference of
only $3.45, the bid should be awarded to Davis Meter because
i tis the' be s t qua 1 i ty pip e. - - ---...- - -.. -"
Councilman Sikes made a motion that the Council acceot the
r e com men d a t ion 0 f Mr. M u r p h y and ~1 r. B 0 sse and a \II a rd' the bid t 0
Davis Meter. Councilman Ledbetter seconded the motion. Upon
roll call the motion CARRIED 5-0.
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The City Clerk read the proposals from local banks for the interest
on a pass book account. First_JULtional,.offereg 5.~% ; Coronado Bank
offered 5% and Southeast -- ~ank offered 5%.
Councilman Asting made a motion that the Council authorize the
City Attorney to draw up a resolution accepting First National IS
proposal for 5.73% on a pass book account. Councilman Ledbetter
seconded the motion.
Councilman Sikes said that' he'did not understand how First National
could offer that amount of interest when the qovernment sets the
limit. Their proposal was based on $87,000. and ~erhaps they felt
this amount would be maintained at all times. We should find out
more about this and Mr. Wharton should check this out.
Upon roll call the motion CARRIED 5-0.
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Councilman Asting said that the Council should set up a workshop
for the Subdivision Ordinance. The Council needs to' study the draft
that has been presented to them by the Zoning Board.
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The Council decided on January 23, 1979 at 7:00 P.M. in City Hall.
They will also discuss the garbage ;itosts" at this workshop.
Councilman Asting made a motion setting the above time and date
for the workshop. Councilman Ledbetter seconded the motion.
Upon roll call the motion CARRIED 5-0.
~1ISCELLANEOUS
Mrs. Louise Martin, 1429 S. Riverside Dr., spoke to the Council
concerning a long standing problem she has had with sewer backing
up into her house. She has had plumbers check this out and called
the City concerning this problem on a number of occasions but so
far nothing has been done about it.
Councilman Asting said.that he would check with the Wastewater
Dept. and have them check this out. He will be in contact with
~1rs. Martin as soon.as...theCity~dect.des"wha:t.:; can be done to correct
this situation.
NEVI BUSINESS
None
Councilman Asting made a motion to adjourn the meeting. Councilman
Ledbetter seconded the motion. The meeting was adjourned.
Minutes submitted by:
Nancy Blazi
ATTEST:
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CS;i ty C 1 e r k
Approved thi s ::<.. =t. day of
January, 1979.
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