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11-13-1978 - Regular 1\ o Q 7f'1l'~ 7).. w f1 ,;-/iq . -ff!, /; CITY OF EDGEWATER REGULAR COUNCIL MEETING November 13, 1978 Mayor Christy called the regular 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 'I N V 0 CAT ION There was a silent invocation. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Sikes made a motion that the Council approve the minutes of the Public Hearing and Regular Council Meeting of October 30, 1978. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Asting voted NO. BILLS AND ACCOUNTS Councilman Sikes made a motion that the Council table approval of the bills and accounts until the members had a chance to study the bills. The Council can vote on them next week. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Asting said he did have a question on the amount of $1,986.52 for Street Department. Mayor Christy said this was for material purchased for patching up streets. COMMUNICATIONS The Deputy City Clerk read a letter from James Nichols, Civil Defense Director, requesting Council approval of funds to attend a Civil Defense Conference in Pensacola. Councilman Sikes made funds for Mr. Nichols in Pensacola, Florida seconded the motion. a motion that the Council authorize the necessary to attend the Florida Civil Defense Conference on November 15 through 17. Councilman Ledbetter Upon roll call the motion CARRIED 5-0. The Deputy City Clerk read a letter from Mr. John Rathbun requesting the Council make a decision on the retaining wall he has built in the ditch behind his house. The Building Official had notified Mr. Rathbun that this wall was illegal and cancelled the building permit. Mr. Murphy said that the City had an easement on this property and no one can build on that easement. Mr. Rathbun said the surveyors map of his lot shows the ditch. Mayor Christy said that they had the deed granting the easement. f\ , o Q Mr. Woods said that the Building Official had made the determination that you cannot construct this over a sewer line. It is up to the City Council but he would advise against it. Councilman Sikes made a motion that based on the advise of the City Attorney and information supplied by the Building Official, that the Council go along with the cancellation of the permit and the removal of construction. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The Deputy City Clerk read a letter from the University of Florida concerning a new program that has recently been established to improve the population estimates of local areas through special censuses or surveys. Mayor Christy said that the City should try and get a better census taken. Councilman Sikes said that we had looked into somethina like this once before and a special census would be costly. We should wait until we see what more information we could get on this. Councilman Sikes made a motion that the Council turn over this information to the City Planner for a report at a later date. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. The Deputy City Clerk read a letter from Mr. Marcus Crabtree concerning Council permission to use a trailer as a rest room for his produce stand. The Building Official had sent Mr. Crabtree a letter stating that he was in violation of Section 25-7 of the Charter of the City of Edgewater. Mayor Christy said that Mr. Crabtree had mentioned two trailers also one at 1301 S. Ridgewood and one on the south side of the El Toro Tavern. Mr. Murphy said that he had notified these people that they were in violation. Councilman Sikes said we do have an ordinance that will permit a travel trailer up to 32 ft. that can be parked alongside a house by the owner. Councilman Rotundo questioned the sewage problem. Mr.'Woods said that he would' get together with Mr. Murphy to determine if the other trailers were in violation. Clearly the one that is used as a rest room is in violation. The ordinance states a mobile home should be in a mobile home park. A special permit may be obtained from the Council for permission to use a trailer on a temporary basis for night watchman, while homes are being constructed and construction offices. This permit shall be good for three months. Councilman Sikes said the Health Department should have advised Mr. Crabtree before he went to the expense of setting up this trailer. Councilman Sikes made a motion that the Council refer the letter on the travel trailer to the Attorney to report back on and also the other two possible violations. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The Deputy City Clerk read a letter from the City of Cocoa Beach, Florida concerning an attached resolution that supports the position of the Florida League of Cities respecting reinstitution of the Municipal Court System. The resolution was adopted by the City of Cocoa Beach. ~ 2 This was for Council information only. r o o The Deputy City Clerk read a letter from Mr. Donnie Williams concerning the revocation of the construction permit for his new home located at 115 N. Riverside Drive in Edgewater. It was Mr. Williams's opinion that former Council members agreed that the City was morally obligated to reimburse him for the extra expenses incurred by the requirement to re-desiqn. Mr.Williams said his attorney, Mr. William Ross,has advised him to sue but he would like to make one final attempt to settle without a lengthy and expensive court suit. Councilman Rotundo said that he felt the new Council members should be brought up to date on what had happened as far as this problem was concerned. He gave a brief explanation of the case so far. Mr. Woods said that he did not believe any of the Council said that we have a moral obligation. It is possible that Mr. Williams is attempting to sway the new Council. Councilman Sikes said he believed the permit was issued to Mr. Gene Harris. Mr. Woods said that the permit was issued in the name of Mr. Harris and it was issued June 19, 1978. Mr. Harris had also represented to the Council that he had in fact served on the Planning Board and was familiar with ordinances on two story structures, east of Riverside Drive. Councilman Sikes made a motion that the Council turn this letter over to the City Attorney to tell MR. Williams that the Council has no authority to reimburse him. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The Deputy City Clerk read a memo from the Planning Board requesting an amendment to the 701 Contract. Councilman Ledbetter made a motion that the Council table this until next week so that they can have some time to study the proposal. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. , . The Council was presented with a report from Briley, Wild and Associates. Mr. Harry Wild spoke to the Council and read the report. He concluded with the statement that "we are appalled at the allegations being made by Mr. Kuyk on the basis of an apparent lack of familiarity with the history of this project, and with the fundamental engineering concepts which entered into the design of the sewage treatment facility. We are likewise concerned by Mr. Kuyk.s motivation in attacking our firm publicly on the basis of his self-described "suspicions". Under the circumstances, therefore, we feel justified in expecting a public apology from Mr. Kuyk for the damage he has done to the company.s reputation and that of all people involved." Mr. Wild recommended that the Council study the report and wait until another check is made tomorrow. He hopes that after this is cleared up we can set up a procedure to keep entire Council informed of matters concerning the treatment plants. The Council is welcome to contact Briley, Wild by phone or visit their office for any information they need. Councilman Asting asked Mr. Wild who the principle contact for BWA was before, during and after construction. Mr. Wild said that their contact was Mr. Dietz. BWA representative was Mr. Rick Fernandez. Councilman Asting asked about the cable that was too short on the flow meter. He asked Mr. Wild if there was any reason why this was so. Mr. Wild said that evidently it was not zeroed down to the very bottom. When they have to zero a meter they turn off the flow to the treatment plant so that nothing goes through the notch. He mentioned the report of July 28, 1978. 3 r o o Councilman Sikes asked if the flow meter was checked in July. It was his understanding that when this meter was checked in July a copy of the report said that the flow meter readings were correct. Mr. Wild said that he believed the report was that the calibration was ok, could not zero the float flow to zero reference. Councilman Sikes made a motion that the Council turn the report over to Mr. Murphy who is going to act as temporary supervisor of the Water and Wastewater Departments. Mr. Murphy can study the questions and make a report back to the Council at a later date. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy called a 10 minute recess. Meeting called back to order. COORDINATORS REPORTS Councilman Rotundo called the Council's attention to the article in the newspapers about the proposed Fire District. He is working with the County to try and get this. Councilman Ledbetter told the Council about a problem that arose Saturday night and he was contacted by Mr. Copeland of the St. Dept. He was glad to report that with Mr. Copeland's help everything was straightened out. The St. Dept. needs to buy more culverts. They are installing a large number of them and the stock needs to be replenished. Councilman Sikes did not have a report at this time. Councilman Asting told the Council that the new water plant should be ready by the last week of January. Mr. Asting also said he wanted to make a motion that the Council rescind Resolution No. 760 and that audience miscellaneous be restored. Anyone wishing to address the Council could speak for three minutes. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO. Councilman Asting made a motion that on the advice of a report from the Department of Health and qualified contractors, Ordinance No. 1017 on septic tank installation be rescinded or revoked. Councilman Rotundo seconded the motion. The Council discussed this motion and the Public Hearing that was originally held before the ordinance was passed. Mr. Diamond, City Planner, told the Council that the problem in Florida Shores has been reinvestigated by HUD and that it substantially remains unchanged. A full report on the investigation will be sent to the City, Upon roll call the motion CARRIED 3-2. Councilman Sikes and Mayor Christy voted NO. City Attorney Judson Woods mation on Florida Statutes given a stack of documents men. said that Mr. Asting had asked for infor- on sunshine laws, ethics, etc. He has to City Hall to be copied for the Council- Councilman Sikes said we needed to instruct the attorney to do something about rescinding the ordinance. Mr. Woods said that was understood, he would draw up the necessary ordinance. 4 r o o Mayor Christy did not have a report at this time. RESOLUTIONS The City Attorney read Resolution 78-R-9. A RESOLUTION APPOINTING WALTER GROSS TO SERVE THE UNEXPIRED TERM OF MERLE JOHNSTON ON THE CITY OF EDGEWATER MERIT BOARD: REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion that the Council adopt this Resolution. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 3-2. Counciilman Sikes and Mayor Christy voted NO. The City Attorney read Resolution No. 78-R-10. A RESOLUTION ACCEPTING CERTAIN REAL PROPERTY LOCATED IN THE CITY OF EDGEWATER FLORIDA WHICH HAS BEEN DEEDED BY H. LAWRENCE LOVE AND OLIVE M. JESS TO THE CITY OF EDGEWATER FOR ROAD PURPOSES: REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter asked if this would qo straight through and tie in with Canal running to Oak Ridge to U.S. 1. Mr. Woods: Correct. Councilman Sikes asked if we had received the two foot strip from Mr. Armstrong. Mr. Woods said that Mr. Armstrong has agreed to give us the two and one half foot strip and has already allowed them to go across. Councilman Sikes made a motion that we adopt this resolution and accept this property for street purposes. Councilman Ledbetter seconded the motion. The Council discussed the plat and the area that this property was located in. Mr. Hatfield spoke to the Council concerning the property he was going to deed to the City. He says that the street should go down another 50 feet so that he can have access. Councilman Asting asked who was going to pave this street. Mayor Christy said that the Street Dept. had already received monies to pay for paving the street. There was some more discussion about Mr. Hatfield's request that Mockingbird Lane connect with his property. Mr. Woods said that this should connect up with Canal, he did not think there was a problem with Mr. Hatfield's property. This road runs east and west then north and south, connects Canal Road with Mr. Armstrong's property. I'm sure the City will take your property if you can give us a legal description. Mr. Hatfield's property does not come into the surveys prepared by Mr. Corey and the warranty deeds from Mr. DeLoach. Councilman Sikes said that the people that are subdividing are paying to have the street put in and we have to put it where he wants it. Mayor Christy said we must go through with this and he is sure that Mr. Love will go through with his donation to the City. Upon roll call the motion CARRIED 5-0. 5 r o o The City Attorney read Resolution No. 78-R-l1. A RESOLUTION VACATING A CERTAIN PORTION OF A SIX FOOT STRIP OF REAL PROPERTY PREVIOUSLY DEDICATED TO THE CITY OF EDGEWATER, FLORIDA AS A BUFFER STRIP AND DEDICATING SAID BUFFER STRIP FOR STREET PURPOSES: REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting 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-12. A RESOLUTION APPOINTING JAMES F. MURPHY AS THE SUPERVISOR OF THE WATER AND SEWER DEPARTMENT OF THE CITY OF EDGEWATER, FLORIDA, SETTING FORTH HIS COMPENSATION, REPEALING ALL RESOLUTIONS IN CON- FLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE, Councilman Ledbetter made a motion that the Council adopt this Resolution. Councilman Asting seconded the motion. Councilman Sikes said that the City has not received any application as far as Mr. Murphy's qualifications. There is also a prerequisite for a physical examination. Councilman Astinq said that he had interviewed these people and as far as he is concerned they are qualified. He will see that an application is filed at City Hall. Councilman Sikes said that we need to find out about hospitalization, and other insurance. Also, if Mr. Murphy will be signing reports is he liable personally. If we vote on him this evening it is a violation of an ordinance. Mayor Christy said that he had heard that Mr. Murphy was an engineer but he had not seen an application. He would like to know how this came about without any advertisement. It has been the procedure that we advertise and that they fill out an application and each member of the Council can review this application. He asked the City Attorney if this was legal to do this without any advertising or any application being out in. Mr. Woods said that usually we do have applications submitted but it is up to the Council to hire and fire who they want to. It would probably be adviseable to get an application but the Council has the sole and exclusive right, under the Charter, to hire and fire. Mayor Christy said that he felt this was not the proper way to do it. Councilman Asting said these people are hired on an interim basis until we can find permanent people to take over the responsibilities. Mr. Walter Gross told the Council that he knew Mr. Murphy was a certified engineer. He believes that Mr. Murphy talked to Mayor Christy sometime ago and offered his services on a consulting basis. He is quite sure that during that conversation Mayor Christy must have found out that Mr, Murphy was an engineer. Mr. Murphy will be serving for $1.00 per year and there should be some arrangement made to compensate him for expenses incurred on the job. Mayor Christy said that we already have an ordinance that compensates employees for expenses incurred while performing their job. Mr. Opal questioned the fact that the qualifications of Mr. Murphy were doubted bv some Council members. ~ Mrs. Murphy spoke to the Council and listed her husband's educational and professional background. Upon roll call the motion CARRIED 3-2. Councilman Sikes voted NO, it was a violation of our ordinance. Mayor Christy voted NO. 6 II o o . The City Attorney read Resolution No. 78-R-13. A RESOLUTION APPOINTING JOHN WHARTON AS TEMPORARY CITY CLERK OF THE CITY OF EDGEWATER, FLORIDA: SETTING FORTH HIS COMPENSATION; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE, Councilman Asting made a motion that the Council adopt this Resolution. Councilman Ledbetter seconded the motion. Councilman Sikes said that again, he had not seen an application. He wanted to know how old Mr. Wharton was and when he retired. He would like to see his qualifications. Councilman Asting said that Federal law prohibits discrimination against age. Councilman Sikes said that he still wanted to know how old Mr. Wharton was. Councilman Asting said he did not know and he did not know when Mr. Wharton retired. Mr. Wharton holds a master degree in Business Administration and a major in accounting and this should qualify him for the job of City Clerk. Mr. William Glaser asked the Council if he could make a state- ment about the City Clerk that was fired. The City Attorney advised the Mayor that it would be out of order, this was not under discussion. Mrs. Woodard said that she did not believe age should disqualify a person. She asked Mr. Sikes about his father's age when he was on the school board. Councilman Sikes said thathls Father was asked to be on the board and that he was qualified. He added that we have a City ordinance that sets 70 as the mandatory age for retirement. Mr. Woods said that he is not sure that our ordinance would be legal in light of recent Federal and State statutes, He believes these laws prohibit any discrimination even in State government. If we have this law sitting on our books, probably it is invalid, but he has not researched this. Councilman Sikes says that the same ordinance requires a physical exam. This decision was made last Friday and he still has not seen an application or any qualifications. Mr. Opal said that he remembered that Sue overnight and brought in the next morning anyone check to see if she was qualified? wi 11 remember. Blackwell was hired as City Clerk. Did Maybe Mrs. Kinsey Mrs. Kinsey said the only thing she remembered is that the Mayor, one other Council member and she interviewed Mrs. Blackwell. Mr. Opal said that nobody checked out her qualifications. Mr. Wharton is a CPA accountant, Mrs. Opal asked how old Mr. Martini "was. Mayor Christy said he thought he was 70 or 71. Mrs. Opal \'Ianted to know where the age 70 come in that Mr. Sikes had mentioned. Mayor Christy asked for a roll call. Upon roll call the motion CARRIED 3-2. Mayor Christy and Councilman Sikes voted NO. 7 o o . In reference to Resolution No. 78-R-14, the City Attorney suggested that Mayor Christy bring the Council up to date on the resource recovery for the County. Mayor Christy said that he had information that Florida Statutes say that unless an inter-local agreement is effectuated on or before December 1, 1978 the responsibility of the disposal of waste and the resource recovery will be handled by the County. Councilman Ledbetter made a motion that the Council table this resolution until next week so that the new members will have a chance to study it. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. ORDINANCES None OLD BUSINESS Water/Wastewater Utility Truck: The Council discussed the utility truck and the Spence Chevrolet Bid. Councilman Asting made a motion to cancel the Spence bid and go out for bids on a new 78 if we can get one at a lower price or a 1979 utility truck using the same specifications. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Workmen's Comoensation: The Council discussed the need for a new workmen's comoensation'company, in view of the large increase that our present carrier is requesting. Councilman Rotundo made a motion that the Council hold a workshop on this. The Council discussed a date and time for this workshop. The Council decided on November 14th at 6:00 P.M. Councilman Ledbetter seconded the motion for a workshop. Upon roll call the motion CARRIED 5-0. Volusia League of Municipalities Dinner/Meeting: Councilman Rotundo made a motion that the Council authorize pay- ment for the Volusia League of Municipalities Dinner on December 7, 1978 for the Council members who attend. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Set Date for PBA: The Council discussed dates that they could get together. A tentative date of November 30 at 7:00 P.M. was set. Councilman Asting made a motion that the Council notify PBA that November 30th was the date set by the Council for a meeting. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Fuller Request: Mr. Woods said that Mr. Fuller has requested that we vacate that street property. It would not revert back to Mr. Fuller, regard- less of what the Council decided. He needs Council authorization to answer Mr. Fuller and he would recommend that the City retain dedicated property. 8 o o .. Councilman Ledbetter made a motion that the City qo in and bull- doze and shell that and make it a street to settle this once and for all. Councilman Astina seconded the motion. Upon roll call t he mot i on CARR I ED 5 - 0 . ., . Grantmansh'ip Seminar Mayor Christy, Mr. Diamond, City Planner, and Councilman Asting will attend this seminar. Councilman Sikes made a motion that the Council aporove oavment of expenses for these people to attend the semina~~ Cou~c~lman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. NEl~ BUSINESS Briley, Wild bills were presented to the Council. Mavor Christv said that one bill had not been approved for payment byUthe Director of Public Works. There is a question on a bill for $ 1,984.06. We need more information on this. Inv. 0-1016 copies of reports No. 4229, 4230 and 4231 for $110.00 It covers testing on the project. It has been done. Inv. Inv. Inv. Inv. 78-557 78-535 78-534 78-558 engineering service - $50.15. engineering- service - 65.39 engineering service -$606.94 (that is being held for further check on work) $1984.06 Councilman Ledbetter made a motion that the Council approve the bills for payment except the Inv. 78-558. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy said that motions were now in order for Vice Mayor, Acting Mayor, Coordinators and Safety Deposit Box Authorizations. Councilman Asting made a motion that Councilman Rotundo be appointed Vice Mayor. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter made a motion that Councilman Asting be appointed Acting Mayor. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter made a motion that Councilman Asting be appointed Coordinator for Water and Sewer Department. Councilman Rotundo seconded the motion. Councilman Asting said that he had a proposal drawn up for the Council's consideration showing an organizational chart of the City of Edgewater. He passed out copies to the Council members. Councilman Asting made a motion that Councilman Rotundo be appointed as Coordinator of the Street Dept. Councilman Rotundo said that should be Councilman Ledbetter. Councilman Asting withdrew his motion. Councilman Rotundo made a motion that Councilman Ledbetter be appointed Coordinator of the Street Department and Garbage. Councilman Asting seconded the motion. Councilman Ledbetter made a motion that Councilman Sikes be appointed Coordinator of Administration. Councilman Asting seconded the motion. Councilman Asting made a motion that Councilman Rotundo be appointed as Coordinator for the Police, Fire Department and Rescue. Councilman Ledbetter seconded the motion. 9 o ; o Councilman Asting made a motion that Mayor Christy be appointed Coordinator of Park & Pier, Recreation and the Library. Councilman Rotundo seconded the motions. Mavor Christy asked if there were any questions on all the motions for Coordinators. - Upon roll call the motions appointing the Coordinators CARRIED 5-0. Councilman Sikes made a motion that the Council authorize the City Attorney to draw up a resolution authorizing the Mayor, Vice Mayor, City Clerk and Deputy City Clerk as siqnators for bank accounts. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. MISCELLANEOUS None Councilman Sikes made a motion that the meeting be adjourned. Councilman Rotundo seconded the motion. The meeting was adjourned. APPROVED THIS f December, 1978. ~#~~ ~,1ayo r y Minutes submitted by: Nancy Blazi ATTEST: YvYv ~ C(~,~'y . C 1 e r k '- ~ /ufj4 kt Councilman . DAY OF 10 fP~' ~ ~ (/ r 1t~