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11-27-1978 - Regular . .'" ~ Q CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING November 27, 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. 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 Excused Present Present ./ INVOCATION There was a silent invocation. SALUTE TO FLAG APPROVAL OF MINUTES J Councilman Asting made a motion that the Council approve the minutes for the November 10, 1978 Council meeting. Council~an Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Ledbetter asked about a purchase of water meters. Councilman Asting said that we made an extra purchase before the prices went up. We \'lill use them all. Councilman Ledbetter made a motion to pay these bills. Councilman Rotundo seconded the motion. Upon roll call 'the motion CARRIED 5-0. COMMUNICATIONS The City Clerk read a letter from the Department of Housing and Urban Develooment concerning the investiqation of the soils condition made in the Florida Shores Subdivision relative to the possible installation of septic tanks. HUD will continue to reject processing applications in this until until some form of sanitary sewer system is installed and acceptable to the Administration. The letter also offered to send information from HUD on possible assistance in obtaining a public water and sewer system throughout the area. Mayor Christy said that he had contacted HUD and they were sending the information. Mr. Diamond, City Planner, will study the infor- mation to determine whether Edgewater might be qualified to apply for HUD assistance. Councilman Astinq said that the City is currently installing water' lines in the area. Councilman Sikes said we should send a copy of this letter to the Volusia County Health Department. o o , The Council discussed the cost of installino water lines as far as the builder or home owner was concerned. Councilman Asting said that they hoped to work out a more equitable solution for those peoDle in older homes who will have to hookup to the water lines.' . The City Clerk read a letter of resignation from David Wiggins of the Zoning Board. Mr. Wiggins has resigned due to illness. Councilman Asting made a motion that the Council accept Mr. Wiggin's resignation and send a letter of appreciation for his service to the City. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. . The City Clerk read a letter from Ms. Lillian Straub, requesting consideration for a position on the Zoning Board. The City Clerk read a letter from Mr, M.F. (Jake) Wheeler, requesting consideration for a position on the Zoning Board. Councilman Sikes made a motion that the Council appoint Ms. Straub and Mr. Wheeler to the Zoning Board. Councilman Rotundo seconded the motion. Councilman Ledbetter said that he these people but he felt that the Board should come from all Zones. Board is from Zone 3 and 4. had no objections to either of representation on the Zoning The current membership on the There was a discussion about the representation and the number of vacancies to be filled on the Zoning Board. Councilman Sikes withdrew his motion. Councilman Rotundo withdrew the second. Councilman Asting made a motion that the Council appoint Mr. Wheeler to the Zoning Board, Councilman Ledbetter seconded the motion. Mr. John Gross spoke to the Council and said that he had submitted a letter 2 weeks ago requesting consideration for a position on the Zoning Board. Councilman Asting said that he had turned in the letter and it obviously had been misplaced. Mr. Witzig spoke to the Council concerning the aopointinq of people in real estate to the Zoning Board. He felt this would be a conflict of interest. Upon roll call the motion CARRIED 4-1. Mayor Christy voted'NO. Councilman Ledbetter made a motion to appoint Mr. M. Kenneth Sanborn to the Zoning Board. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Sikes voted NO. The City Clerk read a memo from the Board of Adjustments concerning a Special Exception for William Rickelman, Sr. for a used car lot on U.S. 1 between Riverview and Rio Vista (East side). The Board recommended granting this Special Exceotion with specified conditions. Councilman Ledbetter made a motion that the Council authorize the City Attorney to prepare a Resolution granting this Special Exception with the soecified conditions. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. 2 ~ ~~ o o COORDINATORS REPORTS Councilman Rotundo read a letter from Mr. Beaulieu requesting action by the Council on the garbage cans behind the Para Palm Motel. This was originally discussed at the June 5th Council meeting and nothing has been done. There was a discussion concerning buffer zones. Chief Baugh said that the man had been trying to fix UP the place and had built an area with 2 x 41s to hold the containers. Mayor Christy said that he should probably put up a fence or some kind of buffer zone. The Police Chief will talk to the owner of Para Palm regarding this problem. Mayor Christy said we should get an opinion from the City Attorney on this problem. Councilman Rotundo asked the Police Chief about the new Animal Control Officer. Tape 2 Chief Baugh said that the new officer was doing a fine job. Councilman Ledbetter said that he had had complaints about garbage pickup. He asked the Chief to check these out. Councilman Sikes said that the Post Office is requirinq new homes to out in rural mail boxes. Some of these are on-the riqht- of-way and could interfer with water or sewer line installation or mowing. We should check with the Post Office concerning any regulations they have on this. Councilman Astinq said he had received a letter from a resident on 19th and Needie Palm concerning a construction company that is storing construction material in back of the house. This is a residential district. He asked that this be turned over to the Police Chief to check out. Lift station No.4 has had to be repaired again due to damage done when McMahon Construction was working on the Mockin9bird Lane utility installations. We had to run a new line from the lift station along the canal to Pearl St. It now runs along the property that Mr. Hatfield has offered to the City and also across the property belonging to Mr. Finck. We need to have the attorney write to Mr. Finck requesting a 501 easement on his property for sewer lines and roadway. The old lines are completely blocked up. McMahon Construction will be notified not to close the lines until they have been inspected by the City. The lines have been temporarily installed across Mr. Finckls property. The City engineers should inspect this. Councilman Sikes said that all water or sewer hookups have to be inspected by the City, either by the Building Official or the engineers. Councilman Asting said that the Building Official has nothing to do with water and sewer lines and BWA had nothing to do with it until they were asked. Councilman Sikes said there was an ordinance concerning this. Councilman Asting said that he had not been able to find any ordinance on this but we certainly need one. Anv contractor that is going to work on the City water or sewer lines should be bonded in some way. There was a discussion about ordinances concerned with performance bonds and contractor liability. 3 o o The City Clerk said that the PBA had asked that neaotiations be postponed from November 30, 1978 to either December 5, 7 or 8. The Council discussed possible meetin9 date. The Council decided that December 6, 1978 at 7:00 P.M. would be the date for the PBA negotiations. The City Clerk will notify the PBA. Mayor Christy had no report at this time. RESOLUTIONS In the absence of the City Attorney, the City Clerk read Resolution No. 78-R-19. A RESOLUTION APPOINTING FRANK OPAL TO THE EDGEWATER ZONING BOARD TO SERVE THE UNEXPIRED TERM OF ROBERT WOLFE;REPEALING ALL RESOLU- TIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion that the Council adoot this Resolution. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Sikes voted NO. ORDINANCES In the absence of the City Attorney, the City Clerk read Ordinance 78-0-3. This was the second reading. AN ORDINANCE ASSIGNING THE R-2A ZONING CLASSIFICATION TO CERTAIN REAL PROPERTY OWNED BY FRANK AND MARY HALL, HIS WIFE, WHICH HAS PRESIOUSLY BEEN ANNEXED INTO THE CITY OF EDGEWATER, FLORIDA: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made a motion that the Council adopt this Ordinance. Councilman Rotundo seconded the motion.' Upon roll call the motion CARRIED 5-0. OLD BUSINESS The City Clerk read a certification of bids received for the two police cars. Bids were received from:Higgin Botham Chevrolet $5,866.54 per car New Smyrna Chrysler Plymouth - $6,535.00 per car J. J. Vaughn Ford - $5,666.41 without option/car $5,858.67 with option/car Councilman Sikes made a motion that the Council table these bids so that the Police Chief and the Coordinator could study them and report back to the Council. The Council should have 'a statement from City Clerk that funds are available for this purchase. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. 701 Contract Amendment Councilman Asting this until next week when Mr. Diamond can Councilman Ledbetter seconded the motion. motion CARRIED 5-0. made a motion to table clarify it for the Council. Upon roll call the The City Clerk reminded the Council that the Workmen1s Compensation policy will be cancelled by December 19, 1978. The Council decided that they would hold a workshop on this subject on Thursday, November 30, 1978 at 7:00 P.M. Councilman Ledbetter said he had received a phone call from Officer Kelley, asking if he could withdraw his resignation and remain on the Edgewater Police Force. Councilman Ledbetter made a motion that the Council grant this reauest and give Mr. Kelley permission to remain on the Police Force. Councilman Asting seconded the motion. Councilman Rotundo said that this was the first he had heard of this and that the Police Chief should have received this request and brought it to the Council. 4 ~ o o Councilman Ledbetter withdrew his motion and Councilman Asting withdrew his second. Police Chief Baugh will inform Officer Kelley that he must submit his request through the proper channels. The Council will wait for a report from the Police Chief. Councilman Ledbetter asked what the status of the Mobile Home Park Ordinance was. The Council and the Zonino Board held a joint Public Hearing on July 31, 1978 and the Zoning Board recommended that the zoning be left as it is, and the amortization schedule be eliminated. Mayor Christy asked that the City Attorney be advised of Mr. Ledbetter1s request for information on the mobile home ordinance. Councilman Sikes said he thought we had taken care of this and that we were going to leave mobile home parks as they were grand fathered in. Councilman Ledbetter said that in 10 years these parks could be out of business unless that part of 880 is changed. Mayor Christy said that Mr, Wharton had brought to his attention that at the Nov. 6th meeting the Council decided to continue the Prudential Insurance until the Council could decide about the hospitalization program. The bill is payable Nov. 30 and the Council must decide if they want this extended another month. Councilman Sikes said that Nov. 30th ended our present contract. We do have the rates beginning Dec. 1 and the motion was made that we continue on a monthly basis until such time as we made a decision. Mr. Sikes said that he understood that we could get the same coverage at a lesser rate and we should go out for bids. We should use the same coverage that we have now as a guide and go out for bids on this type of policy or a better one. He made this into a motion. Councilman Ledbetter seconded the motion. The Council decided that the bids should be back by 4:00 P.M. on December 28, 1978 and that they would hold a special meetinq that evening at 7:00 P.M, for the' sole purpose of'discussing . hospitalization insurance. Upon roll call the motion CARRIED 5-0. MISCELLANEOUS Tape 3 Mr. Frank Opal, Pine Tree Drive, Edgewater asked about the private line that was in the office of the former City Clerk. Mayor Christy said that he was using that office now and the phone was now in his office. Mr. Opal wanted to know why he couldn't get the number of this private line. Councilman Sikes said that it is necessary to have one line in City Hall that could be used at all times, especially in an emergency. There are four other lines going into City Hall and they could all be tied up so we need that extra phone. Mr. Opal said that this phone could be used to callout of state. Mayor Christy said that was true and he does make long distance calls when necessary. These calls appear on the bills which are checked. If the Council thinks the City should get rid of this private line then he will abide by their decision. Mr. James Nichols, Mango Tree Drive, said that the City might save money by checking into the possibility of replacing the street lights with a new type of light that actually gives more 5 o o light but costs less to operate. Councilman Ledbetter asked if this was the same kind that is used in Titusville. Mr. Nichols said he believed it was. Over a period of years this could mean a substantial savings to the City. Councilman Asting asked what had happened to the plan to remove some of the lights on Indian River Blvd. and place them on the side streets where they are needed. Councilman Ledbetter will check into this and also the new type of lights. Mr. Walter Gross, Lake Ave., asked the Council about renewal of insurance of vehicles for the City. He wanted to know if this was done in a lump sum on all vehicles at one time. Mayor Christy said he understood that we have a blanket coverage. Councilman Sikes said that our insurance comes UP on the vehicles soon and we have asked the Coordinators to look at the vehicles in their departments and the equipment and if they want to remove the collision coveraqe, they should review the coveraqe we have. This is done on a yearly basis to try and reduce the cost of the coverage. Mr. Gross said his second question concerned the bond issue for $700,000.part of which was supposed to be for new sewer system that would cost about $450,000 and the balance of this $700,000. was supposed to be put aside and not used. Originally it was for a water system but there was not enough money for a water system so they weren't qoing to use that money. We were not supposed to pay interest on that money that we didn't use. That $700,000. is gone. We just had another issue of $600,000. for a water system. We paid for the sewer system, we have a $600,000. water system. He understands that there is a shortage of tools, and material for the Water Department. He would like to know what happened to approximately $240,000. out of that original issue about four years ago. Councilman Sikes said first was the loan for $700,000. and the next loan was for $300,000. not $600,000. We have used some of the monies out of the original $700,000. loan. We have not at this point borrowed any money off of the new $300,000. loan. We have one bill that should be paid and we will exercise the first loan, we need to do that right away. All the monies out of the $700,000. loan when we have bills we submit them to Farmer's Home and they approve them for payment. So we used the rest of that money on the $700,000. loan. We have just qotten into the $300,000. loan. We haven't borrowed on this money yet but we need to to payoff a $70,000. bill that is due on the water system. We have used other monies that we had first. At this point we don't owe anything but the $700,000. Mr. Gross questioned the expenditure of approximately $240,000. that was used from the $700,000. Nothing was supposed to be spent over and above the sewer system. Where did the money come from that was put in South East~ Bank $125,000 for Capital~ Improvement Fund? Councilman Sikes said that the money from the $700,000. loan was not borrowed until it was actually needed. We paid for the bills out of that loan so that when the- loan was used" UP we had used it all UP to take care of the bills. Now the money we have in the bank,' some of it invested at 8%, has been set aside for our debt and bond liquidation. Mr. Gross said that he would like an accounting on this from the Council. 6 Q o Mayor Christy said that all our accounts are audited by May, Zima and the records are in City Hall. Mr. Gross can inspect these at any time he wishes. Mrs. Opal asked when they are going to lower the voltage on the light near Mr. Dietz's house. Mayor Christy said that Florida Power and Light will be notified. Councilman Ledbetter said that the Street Department Supervisor has informed him that one of the trucks is practically inoperative. Councilman Sikes said they need to check the budqet to see if there is any money available. He said Mr. Ledbetter could spend up to $2,000. so if he could find a good used truck for that price. He could bring this up and the Council can vote on it. Mayor Christy said that Mr. Ledbetter could check this out and see if he could find a used truck. Councilman Sikes suggested that perhaps they could rent one or lease one for a short period of time with the rental to apply towards the purchase. This would give them an opportunity to see if the truck was suitable. Councilman Ledbetter asked Chief is Mr. Montesano was on the rotating list for wrecker service. Chief Baugh said thit he was. He was off the list for awhile at Mr. Montesano's request. NEW BUSINESS The Council was asked to approve the renewal of a home occupational license for Mr. Marotta. Councilman Rotundo made a motion that the Council approve this license renewal. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy brought up the subject of Christmas liohts in the City. The lights have been up for seven years and are in need of repair. Councilman Sikes suggested having these lights repaired by professional electricians rather than risk possible injury to some of our employees that are not used to working with electricity. Mayor Christy said that they might have to take every strand down and restring them. This could be very expensive. Chief Baugh said we had lights from Silver Ridqe to the North end of the City and some going down Park Ave. -The biggest problem is at the intersection of Park and U;S. 1. Councilman Sikes said that perhaps we could use the ones we have now that work and then after Christmas find out about having them all checked in time for next year. The Council decided this would be the best way to handle this problem at this time. There is not enough time before Christmas to properly repair these lights. Councilman Ledbetter made a motion that the meetinq be adjourned. Councilman Rotundo seconded the motion. The meeting was adjourned. 7 o MINUTES TAKEN BY: Nancy Blazi ATTEST: &k7~ J Approved this December, 1978 ql"i day of ~ --=~ ~~~ Mayor o Mayor Councilman counci~7 8 ~ .~ !J;f-e- ~