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12-04-1978 - Regular . ~ u u CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING December 4, 1978 Mayor Christy called the regular meeting of the Edgewater City Council to order at 7:00 P.M. in the 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 Ledbetter made a motion that the Council approve the minutes of the Council Meetings for November 13, 20, and 27. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Asting made a motion that the Council approve the bills for payment. Councilman Ledbetter seconded the motion. Councilman Rotundo asked about the insurance payment. Mayor Christy said this was being paid on a monthly basis until we decide on a carrier. Upon roll call the motion to pay the bills CARRIED 5-0. Mr. John Gross said that there was no copy of the bills posted on the bulletin. The City Clerk said the bills had been posted. Another copy was posted. COMMUNICATIONS The City Clerk read a letter from Mrs. F. C. Nielsen requesting permission to put a travel trailer on their undeveloped property in Florida Shores for the purpose of preparing the lot for building. Councilman Ledbetter said that if we arant this request before the property owners take out a building permit then we could have similar requests from other people and end up having travel trailers parked allover the City. He made a motion that we deny this request and inform Mrs. Nielsen that she will have to get a building permit in order to obtain a temporary permit for parking the trailer on the property. Councilman Astinq seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk was instructed to write to Mrs. Nielsen to inform her of the Council's decision. o o The City Clerk read the report from Charles Murphy on the building permits issued during the month of November. There were 40 permits processed for a total valuation of $837,652.00. The Buildin9 Deoartment collected $5,167.64 in fees. The permits were for 20 residences, 2 duplexes, 2 mobile homes and 16 altera- tions and additions. Mr. Murphy also submitted his bill for a total of $2,668.50. Councilman Sikes made a motion that the Council approve payment of the bill for $2,663.50. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Sikes asked if Mr. Murphy was using the increased rate that was authorized by the Council. City Attorney Woods said that the Council should prepare an ordinance specifying this new rate schedule. The City Clerk read a letter from the President of the Shuffleboard Club requesting City funds for improvements that are needed at the shuffleboard courts. Mayor Christy said that he had checked the courts and these repairs for seating and a wind break are definately needed. Councilman Ledbetter said that he would go along with this request providing that the shuffleboard court goes back to its original name, Edaewater Shuffleboard Court. It is presently the Carl Shell Shuffleboard Court. He said he would make this into a motion. Councilman Asting seconded the motion. Councilman Sikes said that the court had been renamed for Carl Shell because of all the work Mr. Shell has done to improve the courts. He feels that Mr. Ledbetter is making a personal issue out of this. The Mavor has the riaht, as coordinator of parks and recreational areas to spend this money to improve the courts. Councilman Ledbetter said that this was not a personal issue. The shuffleboard court in Edgewater should be called the Edgewater Shuffleboard Court. Upon roll call the motion to make the improvements if the court is renamed did NOT CARRY by a vote of 3-2. Mayor Christy, Councilmen Rotundo and Sikes voted NO. Councilmen Ledbetter and Asting voted YES. The City Clerk read a letter from Mr. and Mrs. Martens praising the fine work of the Police Department and the Fire Department when the Martens' mobile home was struck by a speeding car. Officer Britain was especially praised for his assistence. Councilman Rotundo said that Officer Warren should also be commended for the work he did during this unfortunate incident. Councilman Asting made a motion that the Council send letters of commendation to these Police Officers and have them placed in their personnel files. Councilman Sikes seconded the motion. Upon roll' call the motion CARRIED 5-0. COORDINATORS REPORTS Councilman Rotundo made a motion that the City Council reinstate Officer Kelley to the Police Department. Officer Kelley had indicated that he was planning to resign but changed his mind and asked to stay on the police force. Councilman Astinq seconded the motion. Upon roll call the motion CARRIED 5-0. 2 Q o Councilman Rotundo also made a motion that the Council authorize the installation of a street liaht across from the Police Dept. It is difficult to see outside at niaht and since our dispatchers are women they should have that extr~ protection. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Mrs. Opal, Pine Tree Drive, suggested that the Council remove the light that had been put near Mr.Dietz's house and use it in front of the Police Dept. Councilman Rotundo also said that the Police Chief had requested a resolution from the Council statin9 that there will be a charge for escorting funeral processions through Edgewater. New Smyrna has been doing this for a long time and the taxpayers should not have to pay for this extra use of our police officers. Chief Baugh spoke to the Council and suggested that we charge $10.00 for escorting a funeral procession that originates within the city limits and $5.00 for one that originates outside the city limits but goes through Edgewater. Councilman Rotundo made a motion that the Council authorize the City Attorney to draw up the necessary resolution. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Ledbetter voted NO. Councilman Ledbetter said that the Street Dept. still needs a truck. Supervisor Copeland has been looking at used trucks and found one for $3,000.00. It is a 1974 3/4 ton truck with approx. 32,000 miles and is in excellent condition. Councilman Sikes asked the City Attorney if the Council could authorize this purchase without going out on bids. Mr. Woods said that under the purchasing ordinance the Council may go ahead, on an emergency basis, and make such a purchase without obtaining competitive bids. The Council decided to wait until after the bids for the utility truck for the Water Dept. had been opened, in order to get some idea of what new trucks cost. Councilman Ledbetter said there was also a problem concerning the backhoe that had been purchased jointly by the Street Dept. and the Water/Wastewater Dept. The Street Dept. does not get much opportunity to use this backhoe because it is used so much by the Water/Wastewater Dept. He suggested that the W/WW Dept. consider buying out the Street Dept.'s interest in this equipment. Councilman Asting said he will check into this and report back. Councilman Ledbetter said that the dragline still needs repair. We need to get somebody with experience in heavy equipment to check this out for us. Councilman Sikes said that we need to have an ordinance for the increase in building permits. He made a motion that the Council authorize the City Attorney to draw up an ordinance increasing the fees according to the Southern Building Code. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Sikes also said we need to discuss the question of a gift of a turkey or ham for the employees this Christmas. Councilman Asting said that the Council could not afford to give the employees a cash bonus but he agreed that some type of gift would be appropriate. 3 o o Councilman Sikes made a motion that the Council authorize the Mayor and City Clerk to poll the employees and see if they would prefer a turkey, ham or dinner party for Christmas. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Asting said that he had made up a chart of the present organization of the Water/Wastewater departments. He passed out copies to the Council members. He also has made up slips for property accountability in these depart- ments. He said that at the present time they did not keep accurate records of all the equipment used. Also, last Friday, they discovered some type of industrial waste in the sewer system that the department was unable to identify. We need some type of ordinance protecting the City from this type of pollution and harmful waste ooinq into our sewer system. He gave a copy of a proposed ordinance to the City Attorney. He made a motion that the Council authorize the City Attorney to draw up a draft ordinance for Council review. Councilman Rotundo seconded the motion. Councilman Sikes said that he thoughtwwe already had an ordinance that covered this. Mayor Christy said that he and Mr. Asting nad carefully checked through our ordinances and could not find one that gave us this protection. Upon roll call the motion CARRIED 5-0. Councilman Asting said that he would like to have the old water plant rehabilitated for an office for the supervising engineer. He will get some estimates on the cost of this and report back to the Council. City Attorney Judson Woods said that he had received a request from the Deputy City Clerk, Mrs. Kinsey, to clarify the status of personnel records disclosure to the public. Mr. Woods read from the State statutes that specify that all state, county and municipal records are open to public inspection. Accordingly, unless and until, legislatively or judicially determined to the contrary the State'Attorneyls office continues to take the view that personnel records are not excluded, either statutorally or as a matter of public policy from the operation of Section 119.07 section 1. Public agencies should continue to permit public access to personnel records of its employees when the same are not exempt from Section 119.07 section 1. The City Attorney gave copies of this report to the Council. Councilman Sikes asked if this includes police records that are under the PBA? Mr. Woods said that in a separate opinion, the Attorney General has ruled that such records are not exempt from the Public Records law, not even by contract with the PBA. The City cannot refuse to disclose these personnel records. This is the position maintained by the Attorney General of Florida. The Supreme Court had an opportunity to decide the question of open personnel records and they have not done so at this time. So the Attorney General has stated that until a higher courtidecision is made, they should remain open because of the general intent of Florida Statute 119. You could make a valid legal arguement to the State Supreme Court that employees have the right of privacy in certain matters. However, at this time, it~ is the Attorney General IS decision that personnel records are open for inspection. Mr. Woods also noted in the Orlando Sentinel an opinion on age discrimination. He has requested copies for the Council. ~ Mayor Christy said he would make available to the Council a copy 4 o o information on double taxation. He uraed the members to read this information about how we pay twice for many of the same services. RESOLUTIONS The City Attorney read Resolution No. 78-R-20. A RESOLUTION APPOINTING M,F. WHEELER TO THE CITY OF EDGEWATER ZONING BOARD TO SERVE THE UNEXPIRED TERM OF RICHARD BARTHOLOMEW, AND APPOINTING M. KENNETH SANBORN TO THE CITY OF EDGEWATER ZONING BOARD TO SERVE THE UNEXPIRED TERM OF DAVID WIGGINS; RE- PEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion that the Council adopt this Resolution. Councilman Astina seconded the motion. Upon roll call the motion CARRIED 5-0. ~ The City Attorney read Resolution No. 78-R-21. A RESOLUTION APPROVING THE GRANT OF A SPECIAL EXCEPTION TO WILLIAM RICKELMAN, SR. AS LESSEE, FOR THE PURPOSE OF OPERATING A USED CAR BUSINESS ON CERTAIN DESCRIBED PROPERTY, IMPOSING ADDITIONAL REQUIREMENTS FOR CONDUCTING SAID BUSINESS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made a motion that the Council adopt this Resolution. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney read Resolution No. 78-R-22. A RESOLUTION INCREASING THE RETAINER PAID TO CITY ATTORNEY JUDSON I. WOODS, JR., FROM $250.00 PER MONTH TO $350.00 PER MONTH, PROVIDING THAT SAID INCREASE SHALL BE RETROACTIVE TO OCTOBER 1, 1978, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made a motion that the Council adopt this Resolution. Councilman Rotundo seconded the motion. Councilman Rotundo said that the City Attorney used to attend only two meetings a month and now he attends 4 meetings plus workshops. Councilman Ledbetter said that this was $100.00 more per month and asked if this had been budgeted. Mayor Christy said that it had been budgeted. Mr. Opal, Pine Tree Drive, asked if the City Attorney was an employee of the City. Mr. Woods said that he considered himself an employee of the City. Mr. Opal said that the Attorney serves by resolution and agreement and questioned why this increase was not brought up earlier. He asked if the Attorney gets hospitalization and life insurance through the City. Mayor Christy said that the attorney has always had this type of coverage with the City. Mr. Witzig, Queen Palm Drive, asked if we had a contract with the attorney. Mr. Woods said that he was hired by resolution and serves at the will of the Council. Mr. Witzig said he felt this increase was too high. 5 o o Mr. Woods said that he gives a great deal of time to the City that he never charges for. Edgewater Council meetings are held each week and they are the only Council in Volusia County that meets each week. Upon roll call the motion to adopt Resolution No. 78-R-22 CARRIED 3-2. Councilmen Ledbetter and Asting voted NO. ORDINANCES The City Attorney gave the first reading of Ordinance No. 78-0-5 AN ORDINANCE REPEALING SECTION 403.00 OF ARTICLE IV OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, PERTAINING TO THE DISCONTINUANCE OF NON-CONFORMING USES OF LAND AND BUILDINGS, REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion to adopt this Ordinance. Councilman Sikes seconded the motion. Councilman Ledbetter said that because he has an interest in a mobile home park, he would sign a conflict of interest report. Upon roll call the first reading of the Ordinance was adopted 5-0. Mayor Christy called a 10 minute recess. OLD BUSINESS The City Clerk read a report from Councilman Rotundo and Police Chief Baugh recommending that the Council accept the County bid as the best price on the purchase of two police cars. The County bid would afford the City a savings of $505.42 for both cars when compared to the lowest bidder. Councilman Rotundo made a motion that the Council accept this recommendation and purchase the police cars on the County bid. Councilman Asting seconded the motion. Councilman Sikes said that the City Clerk must certify whether or not these funds are presently available in Revenue Sharing. Councilman Rotundo withdrew his motion. Councilman Asting withdrew his second and then made a motion that the Council table this until they receive a financial report from the City Clerk. Councilman Ledbetter seconded this motion. Upon roll call the motion to table purchase of police cars CARRIED 5-0. Mayor Christy said that the Council should make a decision on the amendment to the 701 contract. Mr, Diamond, City Planner, explained to the Council the purpose of this proposed amendment. It is a change in the description of the work schedule program. We need to have a formal amendment to do this. Councilman Rotundo made a motion that the Council accept the recommendation of the Planning Board and approve the signing of this amendment. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Mr. Diamond, City Planner, spoke to the Council about a proposed program sponsored by the University of Florida to assist cities in obtaining an accurate census of the population. They will need volunteers preferably 6 to 8 people willing to work a 40 hr. week for approximately two weeks. They will also need the use of a telephone for call back checks. The University will train the volunteers and then compile the information to get the popula- tion figure for Edgewater. 6 o o Councilman Asting requested that Mr. Diamond qet an estimate on how much the expenses would be for this project. Mr. Diamond will report back next week. Mayor Christy said the City had not yet received information from the Self-Insurer's Fund. He will check with Mr. Partridqe tomorrow to find out when we could expect this information. - The Council discussed the Refuse Contract. The Police Chief has been authorized to enforce the contract we have with Tomoka Refuse. Chief Baugh said he had been in touch with Mr. Abney primarily concerning the noisy truck that Tomoka has been using in town. Mr. Abney told the Chief that the truck would be repaired in a couple of days. AUDIENCE MISCELLANEOUS Mr. Walter Gross spoke to the Council and asked the City Attorney when he would be finished with the review of the ~1erit Ordinance. Mr. Woods said that he hoped to have this review completed next week and would schedule a daytime meeting with the Merit Board to discuss the ordinance. Mr. Gross also asked if it would be possible to supply the audience with more copies of the agenda. He added that the public address system did not seem to be working very well. Mayor Christy said that it is because the equipment is moved so much that wires are damaged and it is necessary for him to repair them on a weekly basis. Mr. Gross also said that he thought we had an ordinance about emptying industrial wastes into our sewer system that was created about the time that Kenny May was putting in a plating shop. Mayor Christy said that they had to guarantee not to empty wastes into sewer system but it was not an ordinance. Councilman Sikes reminded the Mayor that the Council needed to take some action on the workshop they held last Saturday. Mayor Christy said that last Saturday they had discussed the possibility of a combined incinerator for solid waste program between Edgewater and New Smyrna Beach. A representative of Senergy, subsidiary of Florida Gas Co., Mr. Klebanoff, had presented this proposal to the Council and requested permission to make a feasibility study for the City. Councilman Sikes made a motion that the Council authorize Senergy of Florida Gas to secure whatever information is necessary from the City Planner and City Clerk, in order to prepare plans to present to the combined cities of Edgewater and New Smyrna Beach for the installation of an incinerator solid waste disposal system. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy continued the Audience Miscellaneous. Mr. Cameron, Riverside Drive, said that the Council should ask about the cost and what percentage of residue must be disposed of. Mr. Frank Opal, Pine Tree Drive, requested that the Council supply the audience with a larger agenda. The small sheets of paper are difficult to read. 7 .... ~. . o o Mr. Opal also complained about the Public Address system. Mrs. Phyllis Woodard, Orange Tree Drive, told the Council that she did not believe that local civic organizations should have to pay for the use of the Community Center. Mayor Christy said that she should send this recommendation to the Board of Governors. Mrs. Woodard also asked about the hours at the Library. Mayor Christy said that the Library was run by the County and we had no jurisdiction over the hours they were open. Mrs. Woodard also brought up the subject of the bike path adjacent to the road, south of the elementary school. She said that last year this issue had become a political football. She was interested in finding a safer bike path for the children and wou 1 d bri ng thi s up beforer the Counci 1', aga in. Mayor Christy said she would have to start back with the School Board because they wrote to the City saying they would not approve this route. When we get some information from them we can put it on the agenda and discuss it. NEW BUSINESS The City Clerk certified that he had received bids from Spence Chevrolet, J. J. Vaughn, Luke Potter Dodge and Higginbotham Chevrolet for the utility truck for the W/WW Dept. The bids were as follows: Spence Chevrolet 1979 Chevrolet J. J. Vaughn 1979 Ford Luke Potter Dodge - 1979 Dodge Higginbotham Chevrolet 1979 truck per specs per specs (60 - 75 days del.) per specs $7,117.07 7,187.93 6,348.63 7,122.66 Councilman Sikes made a motion that we refer these bids to Councilman Asting and Mr. Murphy to study and make their recommen- dation to the Council. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy said we should continue the discussion about the truck for the Street Department. Councilman Rotundo made a motion that City authorize the purchase of this truck, on an emergency basis. Councilman Asting seconded the motion. Councilman Sikes said that the motion should include that it is a 1974 Chev. 3/4 ton truck, purchase price $3,000.00 from Sides Used Cars. Councilman Rotundo added this to the original motion. Upon roll call the motion CARRIED 5-0. Councilman Asting added that the utility truck requested by the W/WW department may not need to be as heavy a truck as was originally requested. He will check into this. Councilman Sikes made a motion to adjourn. Councilman Ledbetter seconded the motion. The meeting was adjourned. Minutes submitted by: Nancy Blazi 8 . . . . o o Q)~~~~'7 Councilman ~1F~ Counci man ATTEST: ~--~~ Cs~'~ r k / Ad m in i s t rat 0 r ',/ T1t., Approved thi s Ii day of December, 1978. 9 ~- ~ ~ ~ 7j,b) /