Loading...
12-11-1978 - Regular . , o u (:.) ~ tiJ/ti .".j~ . , ~. l~ ..".C';,. ~ . .tr. "1 .,~.;' f:'1 "t' . .~7 1':,(. I'i" :"{, P...... ~Il, to- J '.:.,'... .~. . '"-" ' l~:j;ll.~:. .(':i/~~fi!J~"'.~~ ~~iJ 1~'!I i,f:t:5Y); q fi ,Pe %",!.~, ... CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING December 11, 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. Christ~ Councilman Louis J. Rotundo Councilman David C. Ledbett~r. Councilman ~!alter B. Si'kes 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 The invocation was given by Rev. Canova. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Sikes made a motion that the Council approve the minutes of the December 4, 1978 Council Meeting. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS .. Councilman Rotundo made a motion that the Council aoprove the bills for payment. Councilman Sikes seconded the motion. The bills to lElectronics was questioned. Mr. Asting said it was for a pump for the Water and Wastewater Dept. Upon roll call the motion to pay the bills totaling $6,882.49 CARRIED 5-0. C 0 ~1 M U N I CAT ION S The c.ity Clerk read a letter'from'Mr,. William Nichols submitting his resignation from the Zoning Board. Councilman Sikes made a motion that the Council accept Mr. Nichol's resignation and send him a letter of appreciation for the work he has done for the City. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from Mr. William Glaser requesting that the Council do somethinq about the truck route in Florida Shores. Mayor Christy. said that Mrs. Glaser had called him earlier that day and gave him the number of a truck that was speeding down her street. The Police Chief checked this out and spoke to the driver of the truck. The driver stated it was the first time he had been in that area and he will'ao down~that. ~treet aaain. The Chief also contacted the DOT~in DeLand and they w~ll instruct their drivers to stop using this street. The Council discussed the problem of trucks in the Florida Shores area. Police Chief Baugh said that there was a possibility that we may be able to use a right of way belonging to Mr. Cole and reroute trucks. o Q Councilman Ledbetter said that the on the area next to the railroad. put another joint on the culvert. so that it is the ri~ht width. Street Department is working They are waiting for a band to They also plan to fix the road The City Clerk read a letter from Mr. James Nichols, Civil Defense Coordinator requesting that the Council consider the need for appointing a committee to study and make plans in case of a disaster type emergency in the City. Mayor Christy said that there was a real need for this type of a committee and suggested that the Council give this serious consideration and get this set up after the first of the year. Councilman Astina said that the Police Chief: is lookina into the possibility ~f a police reserve unit to~upplement-the regular force. This would be another group that could be utilized in the event of a disaster. Chief Baugh said that he was checkin9 into the tvpe of certification that would be necessary for this type of volunteer reserve police force. The City Clerk read a letter from Mr. Harold Brown. Mr. Brown questioned the necessity of obtaining a variance to operate a used car sales business. He added that there seemed to be no place in the City where automobile sales was a permitted use. Mr. Brown requested that the Council take corrective action and instruct the Building Official to issue him a permit to build an office for a used car sales business. The City Attorney said that Mr. Brown would have to apply for a special exception as listed under B-3 for operative automobiles. Mr. Woods said that the Council could add this as a oermitted use under B-3 but they would have to hold the required Public Hearings before a change could be made in Ord. 880. Mr. William Glaser spoke to the Council as a member of the Board of Adjustments. He said that the Board recently granted a special exception for a used car lot but it was his opinion that the Board was not in favor of too many of these lots in Edgewater. They placed conditions on the special exception they granted in order to try and avoid the possibility of the lot turning into a junkyard. Mr. James Mackie, Chairman of the Zoning Board, spoke to the Council and explained that the original intent of excluding automobile sales from B-3 was to prevent a long line of car lots on U.S. 1. There was a discussion among the Council about the regulations set by the State to get a license for a car lot or a car dealership. Councilman Sikes made a motion that the Council table this request from Mr. Brown and request that the Zoning Board make a recommendation to the Council on whether or not automobile sales should be made a permitted use in B-3. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. COORDINATORS REPORT Council~an Rotundo said that the Christmas lights were not working. He made a motion that the Council authorize an electrician to check out these lights and see. if they could be fixed. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Rotundo made a motion appointing Mr. John Gross to the Zoning Board. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter said that the Street Department was still waiting for an answer from the WjWW Dept. on whether or not they will buy the Street Department's half interest in the backhoe. Councilman Asting said that the WjWW Dept. was studying this suggestion and would have an answer soon. 2 - o (.) Councilman Ledbetter said that the cement mixer in the St. Deot. was not in working condition. He requested that the Council consider giving authorization to purchase another cement mixer. There was a discussion about the possibility of purchasing a used cement mixer and the possible cost of such a purchase. Councilman Ledbetter made a motion that the Council authorize the purchase of a cement mixer. If it exceeds $1,000.00, the City Clerk will certify if the additional funds are available. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Sikes said that the new Council needs to officially appoint the members of the Zonin9 Board. He made a motion that the Council authorize the City Attorney to draw up a resolution appointing the following people to the Zoning Board: Mr. Jam e s ~1 a c k i e Mr, Sebastian Siciliano ~1r. M. F. Wheeler r.1r. James Engle Mr. Frank Opal Mr. John Gross Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Asting told the Council that the City still had a problem concerning the sewer line on Juniper St. The builder of a house on Juniper St. was promised sewer lines but no sewer lines are available. We have received a letter from the builder's attorney requesting that this be taken care of. Briley, Wild and Assoc. have suggested alternatives which include a temporary line at the cost of approximately $1,000. if the City employees do the work and Briley, Wild would do the engineering. We could also have private firm put in sewer line, apnroximately cost $18,000.00 or if sewer lines are put in on Juniper St. it would cost about $10,174.00 if we did the work and come to about $8.40 per front ft. assessment. It would take about two' weeks to do this job and the Council might consider bearing half the cost and the remainder be assessed the property owners. Councilman Sikes said that the City would be setting a precedent and that other property owners would expect this when sewer lines were put in their area. The City Attorney said that if the City considers putting sewer lines along Juniper St. they would have to hold another Public Hearing. There was a discussion about the possible necessity of a lift station on the property. It was the opinion of members that a lift station might not be necessary~i.f the line was sloping downward.:._ Councilman Ledbetter made a motion that the Council authorize the installation of a temporary line from the property. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Asting voted NO. Councilman Astin~ said that he has not been able to find any ordinance that soells out the purchasinq responsibility in the City. He believes that'the Council should study this and possibly come up with recommendations to revise Ordinance 898 so that responsibility will be correctly spelled out. Mr. Asting suggested limiting the purchase of a department to $500 weekly, with permission of the Coordinator. Purchases up to $1,000 for emergency purposes should be approved by Councilman/Coordinators. Purchases over $1500 should go out for competitive bids and be awarded by the Council. Councilman Sikes said that we have an ordinance covering this. Each coordinator along with his department head signs and okays each ourchase order or voucher with the City Clerk up to $1,000. When it ~oes over $1,000, the City Clerk is authorized to spend up to $2,000. 3 o u There was a discussion about this ordinance. The City Attorney was not sure of a specific number for the ordinance but said that we did have an extensive purchasing ordinance. Mr. Woods added that he was not aware that this subject would be brought up at this meeting and had not researched the ordinances. He said that this was the reason why the Council had tried to get agenda subjects set by Friday before the meeting so that there would be time to prepare information concerning subjects brought up at the meeting. Mr. Asting said that he would like to see the ordinance, He had checked with City Hall and no one could find an ordinance that spelled out the~ amounts and responsibilities for purchases. Councilman Asting made a motion that the City Clerk send a letter to the State Attorney's office of Volusia County reauesting an investi9ation into the hiring of a private security agency during September - October 1978. Councilman Ledbetter seconded the motion. Councilman Sikes said 'we had a ruling from our attorney pertaining to this very same thing. It would be a waste of money if we spend it on an investigation of this. Our attorney has documented this with other cases. Mr. Opal, Florida Shores, said that he believes the City should be investigated. We are overdue for a grand jury investigation. It goes back to 1974. He would welcome an investigation. Anyone who does not want this investigation must be hiding something. Upon roll call the motion CARRIED 3-2. Councilman Sikes and Mayor Christy voted NO. Councilman Asting made a motion that City Hall be closed at 12:00 noon on Friday December 22, 1978. That all City employees except the Police Department be given the afternoon off. Further that a notice to that effect be advertised in the local papers and that the Police Chief arrange for appropriate time off or make other arrangements for his Police officers. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. City Clerk John Wharton said that the City had received a letter from Mr. Wetzel concerning a right of way on his property and that we were working on this and it would be on next week's agenda. Mayor Christy called the Council's attention to the notice that Edgewater will be added to the MPO Board. Mayor-Christy said that we have been having parking problems at the pier and requested Council permission to move the ptaY~round area to make room for more parking. Councilman Asting made a motion that the Council authorize that the play facilities be moved to another spot and more extra spaces be provided for parking. Councilman Rotundo seconded the motion. The Council discussed the parking problem. A lot of the cars are from other cities. No one seems to use the parkin9 provided along side of City Hall even though there are signs to that effect. More spaces would crowd the area and it is meant for recreation and fishing as well as a boat~launching area. Upon roll call the motion to provide extra parking did NOT CARRY. The Vote was 5 - 0 AGAINST the motion for the reasons stated above. Mayor Christy told the Council that if we were able to put a drop ceiling above the stage at the Community Center it would improve the accoustics. The Mayor will check on the cost of such a project and report back to the Council next week. _Mayor Christy introduced ~~r. Jack "Ascheryl who spoke to the Council about their hospitalization plan. He suggested that the hospitalization and pension plan were the the most important fringe benefits the City offered. He said that this was a good time for a review of these programs. He added that he did not understand why the Council was ooing out for bids on hospitalization at this time. 4 o o Mayor Christy asked if the Council wished to set a date to discuss these benefi ts.' Councilman Sikes said that we did oass a resolution to continue the present policy until such a time as we could get proposals that might be less expensive. We will review these proposals at a workshop on December 28, 1978. The employees like the policy and coverage that they have now and any future policy would have to be the same or better. Mr. Ascheryl said that if they receive the bids on Dec. 28th and then try to make a decision that night, it will be impossible for the Council to give careful consideration in such a short time. Councilman Sikes said that if it takes us from Dec. 28 to Jan 28, 1979, we will still get the proposals and see if we can save money. There was more discussion concerning the hospitalization bids. The question was raised about dental care. Councilman Sikes said that some insurance people had told him that they could add dental care for the same price and he felt it would be a good idea to consider proposals with and without dental care. Mayor Christy called a short recess. Mayor Christy called the meeting back to order. RESOLUTIONS The City Attorney read Resolution No. 78-R-23. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA ESTABLISHING A POLICE ESCORT FEE FOR FUNERAL PROCESSIONS ORI- GINATING WITHIN AND WITHOUT THE CITY LIMITS OF THE CITY OF EDGEWATER FLORIDA, SETTING A FEE FOR PROVIDING SAID ESCORT, PROVIDING FOR AN EFFECTIVE DATE, REPEALING ALL RESOLUTIONS IN CO~IFLICT HEREWITH. Councilman Rotundo made a motion that the Council adopt this Resolution. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney read Resolution No. 78-R-24. A RESOLUTION ACCEPTING CERTAIN REAL PROPERTY LOCATED IN THE CITY OF EDGEWATER, FLORIDA WHICH HAS BEEN DEEDED BY DANA T. ARMSTRONG AND RUTH K. ARMSTRONG TO THE CITY OF EDGEWATER FOR ROAD AND UTILITY PURPOSES: REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion that the Council adop't this Resolution. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. ~The City Attorney read Resolution No. 78-R-25. A RESOLUTION ADOPTING CURRENT BUILDING DATA AS SET FORTH IN THE DECEMBER-JANUARY 1976/77 EDITION OF SOUTHERN BUILDING, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman~ made a motion that the Council adopt this Resolution.~uncilman A~g seconded the motion. Upon roll call the motion CARRIED 5-0. 5 o o ORDINANCES The City Attorney gave the second reading (title only) of Ordinance No. 78-0-4. AN ORDINANCE REPEALING ORDINANCE NO. 1017 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, PERTAINING TO THE INSTALLATION OF SEPTIC TANK FIELDS WITHIN THE CITY OF EOGEWATER, FLORIDA, REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion that the Council adopt this Ordinance. Councilman Rotundo seconded the motion. Councilman Sikes reminded the Council that the FHA still had a moratorium on buildinq in Florida Shores because of the seotic tank problem. - . Upon roll call the motion to adopt Ordinance No. 78-0-4 CARRIED 3-2. Councilman Sikes and Mayor Christy voted NO. OLD BUSINESS Police Car Bids Councilman Rotundo made a motion that until we know that the money is available we will not award the bid and the Council should table this for thirty (30) days. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. R. Diamond - Census Cost Mr. Diamond, City Planner, said that he had estimated that the cost fo~ thel volunteer program to take the present census of the City would be approximately $300. This should cover mileage and the use of a telephone. They will need six to eight volunteers to work about two weeks. Councilman Sikes made a motion that the Council authorize the City Planner to start this program for taking the census of the City of Edgewater. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Workmen's Compensation Insurance The Council had received and studied the estimate of the cost of workmen's compensation from the Florida Municipal Self-Insurer's Fund. Councilman Sikes pointed out that local insurance people had said that this would be a good policy for the City. Councilman Rotundo made a motion that the Mayor and City Clerk should enter into an agreement with Florida Municipal Self- Insurer's Fund, after the Attorney had checked out the contract. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. MISCELLANEOUS - AUDIENCE Mr. Ben Vasquez, New Smyrna Beach, asked about Mr. Murphy's salary as the Building Official. Mayor Christy explained that Mr. Murphy works under a contract. It is less expensive for the City then if we hired him as an employee and paid all the fringe benefits. Mrs. Opal, Florida Shores, asked the Council when the light by Mr. Dietz's house was going to be removed. Mayor Christy said that he had spoken to the Florida Power & Light Co. and he hoped they would take care of it soon. 6 o o Mr. Opal, Florida Shores, asked about the crash bumper on the police cars. Chief Baugh said that they had only one car with this type of bumper. It came with the car and did not cost extra. The police sometimes use it to push disabled cars out of the way and off the road. Mr. John Gross also questioned the Chief about these bumpers. Chief Baugh said that he would be glad to show them the bumper if they wanted to stop by the police station. Councilman Ledbetter made a motion that the employees of the City of Edgewater be allowed to have a Christmas party at no expense to the City or the taxpayers. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy announced that the employees would receive gift certificates toward the purchase of a turkey as a Christmas gift from the Council. Mrs. Irene r1ackie, Riverside Dr., asked the Council if they had thought about the Board members at Christmas. Mayor Christy spoke about the dinner that was given last year for Board members and said that he hoped we would be able to repeat that event to show our appreciation for the work they do. An unidentified member of the audience spoke about the noisy garbage truck. Chief Baugh said he will check this out. He had been told that they were repairing the truck. Councilman Sikes made a motion that the meeting be adjourned. Councilman Rotundo seconded the motion. The meetinq was adjourned. Minutes submitted by: Nancy Blazi ATTEST: ~~ CiU/Clerk Coun 11ma~ ~ 7/ttt6 tb; Councilmap ~' I ~ ~ ~ APPROVED THIS fit DAY OF DECEMBER, 1978. ---Mayor 7