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08-06-1979 - Regular . ' u u ~ CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING August 6, 1979 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 City Clerk Richard Weser Police Chief Earl Baugh Present Present Present Present Present Present Excused (*N. Blazi rep.) Present INVOCATION There was a silent invocation. ~ALUTE TO,PlAG APPROVAL OF MINUTfS Councilman Ledbetter made a motion that the Council approve the minutes of the Special Meeting of July 25, 1979 and the Regular ~eetinq of July 30, 1979. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Sikes voted NO due to absence. BILLS AND ACCOUNTS Councilman Ledbetter said that he had not received a copy of the bills and accounts. He requested that this be discussed later in the meeting so he could have a chance to check over these bills. COMMUNICATIONS A letter was read from the Buildinq Code Board concernino a reouest by the Florida Shores Property Own~rs Association to add"a roo~ to their present clubhouse that would have the same floor level as the existing building. The Board recommended that the Council permit this addition to be built in conformance with the existin9 building. The amended building regulations sets the floor height higher than the present clubhouse. Councilman Asting made a motion that the Council permit the Florida Shores Association to build their addition the same height as the present clubhouse. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. A letter was read from the Building Code Board requesting that the Council hold off on any appointments to their Board until they can try to find a plumber or plumbing contractor to fill the vacancy on the Board. Councilman Asting made a motion that the Council accept this recommenda- tion. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Sikes said that all applications for the vacancy on the Board should be referred to the Board. A letter was read from Rock Bouchard requesting an appointment to either the Planning Board or the Building Code Board. , u Q Councilman Asting made a motion that the Council table this until a later date.. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. A letter was read from the City Clerk stating that the present $5,000 life insurance coverage for City employees costs $328 a month. This coverage could be increased to $10,000 for an additional $144 a month. Councilman Asting made a motion to table this for sometime in the future possibly to be considered for next year's budget. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. A letter was read from the City Clerk requesting that a procedure be established for on-the-job injuries in regard to medical treatment. The City Attorney suggested that the Council seek the advice of our compensation insurance company, Risk ~anagement. Mayor Christy will get information on this and report back to the Council, Mayor Christy informed the Council that he had received a sealed envelope from City Clerk Richard Weser at 4:30 P.M. today. He opened the envelope and passed out copies of a letter from the City Clerk to the members of the Council. A letter of resignation from Richard Weser was read to the Council. Mr. Weser said that he was resi9,ning his position effective 4:30 P.M. August 6, 1979. A copy of the letter is attached to the original minutes of this meeting. Councilman Ledbetter made a motion that the Council accept ~r. Weser's resinnation. He added that he has heard a lot of talk from Mr. Weser concerning Mr. Asting and that there has not been any mention of increasin9 water and sewer rates.it has never been discussed. Councilman Asting seconded the motion. Councilman Asting read a prepared statement concerning Mr. Weser. A copy of this statement is attached to the original minutes of this meeting. He added that Mr. Weser recently submitted a report to the FmHA. This reoort is erroneous and he would like the Council to consider asking the City auditor to prepare a corrected copy of this report for the FmHA. He asked Mr. Sikes if he saw this report before it went out since it was prepared by City Clerk whom Mr. Sikes is supposed to advise. Councilman Sikes said that the City Clerk was the Finance Director. He added that he has not seen the reoort but that Mr. Astina was in error when he claimed that he hadn't Gotten into.the $150,000 cash surplus because as of June 30th they had overexpended Fund 40 and there was a deficit. Councilman Asting said that was not true and that they would clear that up. There were comments made from members of the audience concerning the former City Clerk regarding his qualifications for the job and the fact that his statement seemed to be a personal attack against Mr. Asting. Councilman Ledbetter said that he had questioned the way the City Clerk juggled the budget in the Street Dept.' He also was told that the Water Dept. was $150,000 in the hole but this was not discussed with the Council. Councilman Asting said that he took exception to Mr. Weser's statement that the Council wanted leadershio. The Council doesn't need any leadership. The Council is supposed to provide the leadership for the City Clerk and the other departments in the City. Councilman Sikes said that he disagreed with this. Council members are from all walks of life with various business back9rounds. We hire professionals to work for the City and the coordinator system puts 2 u o Council members in an advisory position, They do not make the policy and they do not spend the monies on an individual basis, He is concerned because most of the $150,000 surplus carried over from last year's budget and we will have nothing to fall back on next year, If we can't take care of our bond obligations, FmHa can come in and take over the operation of our water and wastewater systems. The Council is personally liable for payment of these bonds, Mayor Christy said that Mr. Weser had accused Mr. Asting of violating ordinances specifically in regard to water cutoffs. Councilman Astinq said that he did have water turned back on before a delinquent bill was paid but he did this for humane reasons. One person had a colostemy and the other was a crippled lady. He did it with the understanding that the bill would be paid the following day. Mayor Christy asked if this could be done for two people could it be done for everybody? Mr. Woods said that we have an ordinance that states there will be no free service. Under our form of government you are supposed to have full Council permission for any action that changed an ordinance rulinq. Even though there may be circumstances that would seem to justify individual action, it should be done by the entire Council. Mayor Christy also said that Mr. Weser said that Mr. Asting said he controlled the Council. Councilman Asting said that he didn't remember saying anything like that to Mr. Weser. There have been numerous times that the Council has disagreed with him and the record would show"that. Upon roll call the motion to accept the resignation CARRIED 3-2. Councilman Sikes and Mayor Christy voted NO. '~OORDINATORS REPORTS ~ouncilman Rotundo no report. Councilman Ledbetter said that the transmission on the trash truck needed repair. He has been told that he does not have any money in his department. He also wanted to make a motion that the Council approv~ the termination of one .~echanic in "the Street Dept.. they could not afford to keep him. Councilman Asting seconded the motion. Mr. Woods said that the Council will have to find the money to repair the trash truck. Councilman Sikes said that it would cost the City more in unemployment if they let this man go now, Mayor Christy said he understood the man was goin9 to resign soon anyway. Councilman Ledbetter withdrew his motion. Councilman Asting withdrew his second There was a discussion about getting a certification of funds available for work in the Street Dept. and for repairing the trash truck. Also the other departments should pay the Street Dept. when they have repair work done by the Street Dept. mechanics. They should get a purchase order before the work is done. Councilman Sikes said that he would like the Council to continue to receive reports from the City Engineer concerning information from the Water Dept. on number of new pipes laid, total gallons of water pumped, etc. The last one he received was in December. Councilman Asting said that he would take care of this. 3 u u Councilman Sikes said that he would like to suggest that lights along Indian River Blvd. be turned around so that they face the intersection. This would give better lighting in the area. Chief Baugh suggested that every other light be turned around. Councilman Asting said that the Lighting Committee had made some inspections in Florida Shores and they have selected three sights. Needle Palm and 31st, Yule Tree and 23rd and Juniper and 18th. Councilman Asting made a motion that the Council authorize the installation of these three (3) lights. Councilman Rotundo seconded the motion. There was a discussion about the cost of these liqhts after they are installed and the cost of the overall utility-bills. Council~an Sikes said the Council should table this until we have determined if we are within our budget for utility costs. Councilman Asting said that this money was to come from the special street light fund. Upon roll call the motion to install three (3) new lights CARRIED 4-1. Councilman Sikes voted NO. Councilman Asting made a motion that the Council authorize the City auditors to prepare the report to the FmHA. This requires sp~cial auditing orocedures. Councilman Rotundo seconded the motion. There was some discussion about having an employee in City Hall do this work and save some money. Upon roll call the motion CARRIED 3-2. Christy voted MO. Councilman Sikes and Mayor Councilman Asting asked Mr. Brent Millikan to make a presentation to the Council to explain the present financial status of the City. Mr. Millikan spoke to the Council and presented what he said was an unaudited rough draft. He had not had much time to prepare this report and he had not received all the necessary information until this afternoon. A copy of this report is attached to the original minutes of this meeting. He said there were ~overnmental fund groups and enterprise fund groups. He is putting the Federal Sharing, Anti- Recession and General Fund all together so that we get one big picture. Mr. Millikan explained to the Council how he had reached the figures that he presented in his report. In summary, Mr. Millikan said that the governmental type funds which is the Federal Revenue, Anti Recession and General Funds has revenues exceeding expenditures as of June 30, 1979 of $52,733.99. The Water and Sewer Fund has income before deprecia- tion as of June 30, 1979 of $51,090. 06. The Refuse Collection Fund has income as of June 30, 1979 of $7,823.89. That is the financial position of the City as of June 30, 1979. Councilman Asting asked Mr. Millikan if, in his opinion, the financial position of the City was good. Mr. Millikan said that for a government entity, yes and he added that he would like to qualify that by saying that a government entity was not in the business of retaining income. The taxpayers want the income spent for services so as far as a governmental fund philosophy the City is running on an even keel. Councilman Sikes said that we get certain Federal Revenue monies that we appropriate for specific purchases. For example we appropriated $15,000 for fire hydrants. We have only purchased two fire hydrants. Mr. Millikan said that if the City had held a Public Hearing and said that they were going to spend Federal Revenue monies for specific purchases, like fire hydrants, and then the City did not make these 4 u u purchases then they have to have another public hearing to change the appropriation of the monies. If the City changes the Federal Revenue budget by more than 25% they are required to go through all the steps they did initially to get the new budget approved. Mayor Christy called a ten minute recess. Meeting called back to order. Mr. Woods tolrl the Council that he had drafted UP a new Sian Ordinance. He requested that the Council study this ordinance and call-him if there were any changes they wished to make. This ordinance should be presented and passed as soon as possible. We need a stronger sign ordinance. Mayor Christy spoke to the Council about the Flood insurance and said that he was trying to get more information to the Council. Mayor Christy also talked about possible grants for the City. Mayor Christy also brought up the fact that American States Insurance had closed out the claim for damage to one of the wells because they did not get the proper information to settle this claim. Councilman Astin9 said that he would check into this and see that it was taken care of. RESOLUTIONS The City Attorney read Resolution No. 79-R-72. A RESOLUTION APPOINTING MADLO!~ JONES AS A MEMBER OF THE INDUSTRIAL DEVELOPMENT ADVISORY BOARD OF THE CITY OF EDGEWATER, FLORIDA, REPLACIMG PAUL LOEFFLER AS A MEMBER OF S^ID BOARD; REPEALING ALL RESOLUTInNS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE nATE. Councilman Ledbetter 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. 79~R-~3. - . \. A RESOLUTION APPOINTING JOHN (JACK)KROPP AS A MEMBER OF THE EDGE~!ATER PLANNING BOARD; 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. ORDINANCES None OLD BUSINESS A letter was read concerning the overtime paid to some supervisors in the Water and Wastewater Dept. and the fact that other supervisors do not receive overtime. Councilman Astinq said that he wished to make a correction about the overtime oaid to-Mr. Feenev. The overtime listed goes back to Jan. 1979 and Mr. Feeney was not appointed a supervisor until March. He added that he did not authorize the overtime and also that these checks were made by the perso~ who did the payrol"l and signed by the City Clerk. There was also a discussion between the Council members about appointinq supervisors. Some of the supervisors have never been formally appointed by the Council. 5 c.J (.) Councilman Sikes said that resolutions also need to be made for any salary increases, Councilman Ledbetter made a motion that this subject be tabled for Mr, Asting to report back to the Council next week. Councilman Rotundo seconded the motion, Upon roll call the motion CARRIED 5-0. A letter was read concerning Beacon ambulance service in the County. Mr. Bevel! President of EVER said the his oraanization needs to have clarification of whether or not they can go into the County. He told the Council about the recent life/death situation where the Sheriff and Beacon had called EVER to respond. He obtained permission from Mayor Christy to answer this call, There was a discussion about the Edqewater rescue orqanization and what service they could give to the-County. - Councilman Sikes said that the City is planning to ask the County for some assistance in obtaining road repairing equipment. Possibly we could bar9ain with them on some service to the County provided by our Rescue organization. Councilman Rotundo said that as lonq as the Fire Dept, does not answer calls outside of the City that Rescue should not answer any calls either. Councilman Sikes made a motion that Council authorize calls out side of Mayor! Acting Mayor or Vice Mayor, motion. for a period of 60 days! the the City upon approval of the Councilman Rotundo seconded the Councilman Ledbetter said that they should only answer calls when requested by the Sheriff or Highway Patrol, Mr. Bevel said that getting permission of Council members could be time consuming in situations that were critical, Councilman Sikes withdrew his motion. Councilman Rotundo withdrew his second. Councilman Sikes made a motion that based on the judgement of the Rescue organization! they be allowed to answer calls from Sheriff or Highway Patrol for life/death situations within a fifteen mile radius for a period of 60 days. Councilman Rotundo seconded the motion. There was a discussion about mutual aid for emergency rescue service to Oak Hill. EVER is presently training members of the Oak Hill Vol. Fire Dept. so that they can provide emer0ency service in the Oak Hill area, Mr. Bevel said that Edgewater rescue organization did not want to provide services to the County! they were not manned or equipped for this, The County residents should get the County Council to provide more adeouate rescue service and also another ambulance in the area. However, 'the Edgewater organization would like to be able to answer calls in a life/death situation.. It is difficult to ignore these calls when they are the only rescue organization in the area that could render aid. Upon roll call the motion to answer calls from the Sheriff and Highway Patrol for a period of 60 days CARRIED 5-0, Councilman Rotundo made a motion that the Oak Hill Fire Dept. be included in a mutual aid agreement with EVER. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5~O. Mr, Woods said that they would have to have a signed agreement similar to Fire Dept. mutual aid agreements, Councilman Asting requested that the Council Home Occupational licenses and in the future take up the business of Put the s e u n d e r com m u n i cat ion s. , I 6 -' , , . . o o The Council considered a request for a Home Occupational license for Milan Griffith, contractor. Councilman Asting made a motion that the Council approve this license. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The Council considered a request for a Home Occupational license for John Troup, carpet cleaning. Mr. Bunch said that he lived near Mr. Troup and objected to the truck being parked at the house. Mr. Troup was not in the audience. Councilman Asting made a motion to table this request until the next meeting and have Mr. Troup there to talk to the Council. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The Council considered a request for a Home Occupational license for Neal Holder, roofing. Councilman Asting made a motion that the Council approve this license. Councilman Ledgetter seconded the motion. Upon roll call the motion CARRIED 5..0. The Mayor'read an estimate of the cost of repairing the ballfield. Councilman Sikes made a motion that the Council table this until they have received the lease agreement from the County. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The Council discussed Flagler Ave. road conditions. Mayor Christy said that he had talked to Lone Star and they seemed willing to consider fixing up the part of the road that goes into their property. He will report back to the Council as soon as he gets some more definite information. Mr. Armstrong said that when Flagler Ave. from the railroad to the Maule Plant (now Lone Star) was vacated by the City/after proper public hearings, at that time they agreed they would maintain the rest of Flagler Ave. which belonged to the City from the railroad South to Park Ave. It was sometime in 1972 or 73. The Council considered Ordinance No. 79-0-24 amending the General Budget. Councilman Ledbetter made a motion that this be tabled until next week. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter made a motion that the Council appoint Mrs. Kinsey as acting City Clerk and Mrs. Blazi as Deputy City Clerk. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. '8 ILL SAN D A C C 0 U NT S The Council considered the bills and accounts. Councilman Asting made a motion that the Council approve the bills for payment. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. AUDIENCE MISCELLANEOUS Mr. George Bunch spoke to the Council about water rates and water cutoff. He objected to paying a $30 deposit that was not interest bearing. He is also billed whether or not he is in the house. He would like the Council to take care of these items. He also said that there were stop signs by his house but no one paid any attention to these signs! If they are no! e9fo~ced, they should be removed, rJ . ~ . u o Mr. Witzig asked if there could be a law suit if water was shut off in homes where there were children or old people, etc. Shouldn1t we go through the Board of Health on this? Mr. Woods said that the City has the right to terminate service for non payment. It is like a contractural agreement. If you don't pay you don't get the service. Councilman Rotundo said that in regards to the storage for Civil Defense, EVER and Police there should be enough room if storage shelves were put up. They can't seem to come to an agreement on where to store things and he would like the Council to make a recommenda- tion. Mayor Christy said that the Council should check out this storage area and make a recommendation. Mr. Woods said that in. regard to the ordinance on water service it might be a good idea to post the part of the ordinance that deals with this so that the public could be better informed. Mr. Armstrong said that in regard to the water service and Ordinance 400 this concerned certain covenents made with the Federal Government relating to the adjustment of rates to guarantee the payment to operate the Water and Wastewater Dept. It was the only way that the City could participate in a loan for the amount of $400,000 to start to put in the water system. Councilman Sikes made a motion to adjourn. Councilman Ledbetter seconded the motion. The meeting was adjourned. ~- ~ayor ~ Minutes submitted by: Nancy Blazi '-.' '~ ,~ ~ 7, tJtJLr Councilman ~~, ATTEST: ~~a'h/ Deputy City Cler ~ APPROVED THIS /3f../DAY OF AUGUST, 1979. 8 ~