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07-30-1979 - Regular \()ff-~ " . ~ (.) , CITY OF EOGEWATER CITY COUNCIL REGULAR MEETING , , 'Julv,'30 " , 1'979 , Mayor Christv cplled the reaular meetino of the City Council to order at 7100 P,M, in the Edgewater Community Center, iWLLCALL Mayor Robert H. Christv Councilman Louis J. Rotundo Councilman David C. Ledbetter Councilman Walter 8, Sikes Councilman Neil J. ,Astinn City Attorney Judson Woods City Clerk Richard Weser Police Chief Earl Baugh, 'Present Present Present Excused Present Present Present Present , 'r NYQ(A T'rON There was a silent invocation, , ,- ",', '- '5A'L 'UT'f>,'T'O... 'f'l A G ". ..- .~. 'AP P ROVA'l' '0 F' -M-I-NUT'E S Councilman Ledbetter made a motion that the Council approve the minutes of the July 19, 1979 Special Meetina and the July 23, 1979 Regular Meeting, Councilman R~tundo second~d the motion: Upon roll call the'minutes of July 19, 1979 were approved 3-1. Councilman Astin~ voted NO due to absence. The minutes of July 23, 1979 were approved 4.,.0. , ,,', , ,", . , '-B-ILtS....ANfl,ACi>OUN'TS -- ~ ... Councilman Rotundo made a motion that the Council approve these bills for ~ayment~ Councilman Astin9 seconded the motion. Councilman Ledbetter asked about some bills from Robinson Equipment. Mayor Christy said that these weie for repairs to Street Dept. equipment. Upon roll call the motion to pay the bills CARRIED 4-0. Mayor Christy said that the Council should consider a request from the Water Dept, for reimbursement for a course that Robert DeLoach, a C i t Y em p 1 0 Y e e, had t a ken toe 0 m p 1 e t e his C 1 ass "0 " 14 ate r c 0 u r s e . The cost is $12.00, I I I I I I Councilman Asting said that this emnloyee had shown initiative in takin~ these extra courses to improve his knowled~e and the Council 'should reimburse him. Councilman Asting made a motion that the Council pay this reimbursement. Councilman Rotundo seconded the motion. Uoon roll call the motion CARRIED 4-0, eo ~ COMMUNICAT10NS The City Clerk read a letter from Brent Millikan regarding an agreement for auditing services with the City of Edgewater. Councilman Astina made a motion to authorize the City Clerk on behalf of the Ciiy Council to sian this aoreement asha letter of engagement with Brent Millikan effective this date. Councilman Ledbetter seconded the motion. The City Attorney said that the aoreement should be signed by the Mayor and attested to by the City Clerk. Councilman Asting amended his motion to have the Mayor sign the a~reement. U~on roll call the motion CARRIED 3-14 Mayor Christy voted NO. The City Clerk read a letter. from the Board of Governors listing reoairs that need to be done at the ballfield and requestin9 permission from the City Council to have these repairs done: Councilman Rotundo said that some of this work can be done by the City but that some of the work may have to go out on bids. Mavor Christy said that the backstop will probably have to be done by~an outside contractor and also we will need money for grass. Councilman Astina said that the Council should have some estimate on what this is goin~ to cost, Mayor Christy said that he will get an estimat~ from the Supervisor of Parks and Recreation and report back to the Council. Councilman Astina made a motion that the Council TABLE this until next week. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-0. The City Clerk read a letter from Mr. Paul Crouch requesting to speak to the Council relative to certain charges brought against him. ~~r. Crouch told the Council that he wished to make known public~y. ~the events and circumstances concernina a newspaoer article on July 20, 1979 about a house he is buildina at 19th and 0ueen Palm Drive in Edqewater. The imoression has b~en qiven that he has deliberately violated the BUildinq Code in the construction of the footing of this house, This is false. He contracted with a licensed and bonded cement contractor to prepare the footing and slab. The work appeared to be satisfactory and was inspected and ~assed. About three weeks later, he was informed that a member of the Building Code Board reported that the footing was not in accordance with the code. He does not understand the delay in reportin~ this to the Building Inspector. He adde? that he understood that members of the Buildino Code Board entered hlS property and took pictures of the work being done. He feels that.this was trespassing and invasion of his rights. The only person who lS authorized tq make inspections is the Building Official. He also said that a stop work order was not issued at any time prior to July 19, 1979. He feels that he has been made a scapegoat by members of the Building Code Board in an effort to push through a more stringent law -- beamed at the individual home builder in Edgewater. He added that he feels that the State of Florida has adequate laws concerning the individual home builder. Mayor Christy asked Mr. Crouch if he was plannin9 to bring any charges concerning this problem. Mr, Crouch answered no. Councilman Astina asked if members of the Building Code Board have the riaht to ao on a' construction site and inspect the work being done. 2 ~ o Mr. Wo~ds said t~at they could with permission of the owner or if they were accompanied by the Building Official;' The Build1n9 o.fficial is the only person with the authority to go on ~ro?erty at all times, The City Clerk read a letter from the Merit Board statino that it is their understanding ~hat some supervisors are receiving overtime oay and that others are not. They request that the Council furnish the board with a breakdown of how to pay su~ervisors overtime after forty hours. Mr. Weser said that the City has two supervisors that were not aooointed by resolution. Another supervisor who was appointed by resolution does receive overtime: This means that the City has three supervisors who receive overtime, There is a Question about the official title of two supervisors. Mr, Feeney; a~pointed by a resolution as a superintendent of the Water Plant at an annual salary of $9880..0.0. per annum. Mr. Bosse was appointed by resolution as a lead operator at the Wastewater Plant and subsequently he was made a supervisor in the Wastewater Plant but there is no record of this appointment. Mr. Wadsworth is a suoerintendent of the Water Works and there is no resolution designatin~ this title, Mr. Wadsw~rth and Mr, Bosse are presently on hourly salaries. In answer to the Question from the Merit Board these people are supervisors or superintendents, all su~ervise more.than three people and all should th~refore be,under the wage and hour act, exempt and not eligible for overtime payments. If the Council wishes to continue to pay these people overtime they could, in the event there was a union sometime in the future, endanger the other supervisors who are not bein~ paid overtime, Those other supervisors include Chief Baugh, Mr, Copeland, M~. DeGroot and the City Clerk. He recommended that the Council consider desianatinCl, by resolution form~ the titles of Mr. Wadsworth and Mr. Bo~se an~ designate that they be on an annual. salary. This would preclude them from being paid overtime and put them in line with other supervisors designated by the Council. Councilman Asting said that he was under the impression that Mr. Bosse and Mr. Wadsworth were suoerintendents. When he took office. he was informed that Mr. Bosse was superintendent of the Wastewater Plant and that Mr. Wadsworth was supervisor of the Water Dent. . Both of these men are often called out during the night to effect repairs to the water lines or sewer plant malfunctions. ~ Mayor Christy said that other supervisors like the Chief and Mr. Copeland also are called out at night, Councilman Asting asked how the salary of Mr. Bosse and Mr. Wadsworth compares .to Mr, Copeland's salary for example? Councilman Ledbetter said that he believed those peo~le were paid more than Mr, Copeland. Councilman Asting made a motion to table so that the Council can find out what the Councilman Lerlbetter seconded the motion. CARRIED 4~O, this matter until next week different salaries are. Upon roll call the motion Councilman Ledbetter added that if vou were aoina to pay one suoervisor overtime you're 90in~ to have to pay them all. . The Citv Clerk read a letter from the Merit Board requesting some office su~plie~ that the Board needs.. Councilman Rotundo made a motion that the City Clerk should take care of this, Councilman Asting seconded the motion. Uoon roll call the motion CARRIED 4~o.. The City Clerk read a letter from Paul Loeffler reqardin9 his resignation from the Boards that he presently serves on. . ~r. Loeffler stated that he was resigning from these Boards due to ill health. Councilman Ledbetter made a motion that the Council accept this resignati and send a letter of appreciation to Mr, Loeffler, Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0.. 3 ~ <<) The City Clerk told the Council that Mr. Loeffler's resiqnation leaves vacancies on the Planning Board, the Industrial Board and the Building Code Board. The City Clerk read a letter from Mr.DeMatthews who lives near the corner of Park Ave. and Flaqler. Mr. DeMatthews stated that North Flaaler is a shell road leadina to Lone Star Cement Co. and is used from early morning till night time by heavy trucks. This creates a serious dust and dirt oroblem for the residents in the area. He requested that the Council do something to improve this situation. Councilman Rotundo said that the City should pave some of that street. Mayor Christy said thai part of Flagler 90in9 to the cement plant belon~s to Lone Star and not to the City. There was a discussion about the possibility of getting Lone Star to help improve the road conditions. The Citv Clerk will contact the Lone Star Co. and talk to them about Flagler- Ave. and find out if they might be willinq to do somethin9 about improvin9 this situation, The C i t Y C 1 e r k rea d ale t t e r fro mE, V. . - E . R , r e que s tin 9 the use 0 f the Civil Preoaredness Storaqe Room for the puroose of storinq emergency dis~ster supplies." The Police Dep~.. ~s presently u;ing this storage area as an evidence room. C 0 u n c il man Rot u n d 0 s aid t hat hew 0 u 1 d 1 00 kin t b the s tor a q e a. r ran CJ erne n t s betwe~n the Police Dept, and E.V,E.R. and report back to"the Cou~cil. The City Clerk read a 1etter from E,V.E.R. requesting that a Mutual Aid a9reement be drawn UP with Oak Hill for rescue service. The Fire Dent. pre s e n t 1 y has s u c h a'. M u t u a 1 Aid a 9 r e em en t but the res cue u nit . i sa. separate o~ganization, Councilman Ledbetter said that this was taxpayer's money that supported the rescue organization and that the County has ambulance service. Mr. Bevel, Presid.ent of E,V,E,R, said that when a fire or rescue unit ~ responds to a mutual aid call. they are usually reimbursed for the . gasoline ~hey use and sometimes even .for equipment. It is difficult for the Edg~water rescue unit to continually turn down calls for assistance from outside the City, Oak Hill does not have a rescue unit and Ed~ewater is presently trainin9 members of Oak Hill's Fire Dept. Mr. Woods said that the City should have more information about the agreement between the County and Beacon's ambulance service. Councilman Rotundo said that the Council should have a letter from Oak Hill requesting this assistance, Mr, Bevel reminded the Council that even if E.V.E.R. should respond to a mutual aid call, they would never leave the City unprotected. There is always a unit on call for the citizens of Edgewater. Councilman Rotundo made a motion that the Council table this until next week for further study. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0, Mr. Bevel said that the Rescue Organization still needed to know whether they can respond to calls in the. County. Councilman Rotundo said that it was like the Fire Dept. and that they should not respond to calls in the County. Mr, Woods said that we mi~ht create certain problems unless we can determine what agreement the County has with Beacons. Mayor Christy said he will try to have an answer on that by next week. 4 eo <<:) COORDINATORS REPORTS Councilman Rotundo said that the Street Li~ht Fund has about $2500. in it and he would like to select a committee to determine where street lights are needed within the City of Edgewater. Councilman Astin9 said that the committee should consist of the Police Chief. a Councilman and a citizen of Ed~ewater. Mr. Weser said that he believed the Director of ~ublic Works was making a survey on street lights in the City. Councilman Ledbetter said that he would like to sU9geSt that Chief Baugh. Councilman Astin0 and Mr. George Bunch se~ve on the committee. Mr, Bunch.said that he would not be available to serve on the committee. Councilman ,Ledbetter asked if there were any volunteers in the audience. Mr, Frank Opal said that he would volunteer for this committee. Councilman Ledbetter made a motion that Councilman Asting and Mr,Frank Opal to Councilman Rotundo seconded the motion, CARRIED 4..0. the Council a~point Chief Bau9h, the Street Light Committee. Upon roll call the motion -<>o\mci'lman Ledbett-er said that there were many things needed by the Street Dept. but he had been informed by the City Clerk that there wasn't an~ mon~y. , ' ,Coun'Ci"lm'8.n Astina read a letter from Mr. Jack Kroon requesting that he be con~idered fb~ an appointment to the Planriing ~~ard: Councilman Asting made a motion that Mr. Jack Kropp be appointed to the Plannina Board, Councilman Ledbetter seconded the motion: Upon roll call the motion CARRIED 4..0. Councilman Astina read a letter from Mr. Madlow Jones reouestinq that he be considered-for an appointment to the Industrial Board. . Councilman Astinq made a motion that Mr. Madlow Jones be appointed to. o the Industrial Board, Councilman Ledbetter seconded the motion. Upon ~ r 0 1 1 c all the mot ion CAR R lED 4 ..-'0 , The City Attorney will draw up the necessary resolutions. Councilman Asting spoke to the Council concerning paving equipment. He has been in contact with County Dept. of Transportation and it might be possible for Edgewater to rent or borrow pavin~ equi~ment. This would take County Council approval and the request will be presented to the County Council on August 23. 1979. The County also said that they would orefer to use County employees to run the equipment. We have to start some type of road paving program, it is costin~ us $60,000 a year just to keep the roa~s in Florida Shores graded. Councilman Ledbetter said that he did not think that it was costing us that much. . He suq~ested that the Council consider a workshop to discuss a paving program and the possibility of puttin~ this on a referendum. We also have to determine how we will pay for this paving. Mayor Christy said that we should try to get a 0rant. Mr, .Witzig, 2218 Queen Palm,. said that he objected to paying for pavina in Florida Shores~. . Mr, Fredericks, 1606 S. Riverside. said that he did not think it would be right if the whole town had to pay for paving in Florida Shores. "Mr..Woods no report, 'M r . 'W e ser no report, 5 r , CJ o ,Mayer Chris~y said that he would like Council.s permission to write to tne Dept. of Natural Resources to get more information on the procedure for having the speed limit reduced in the Indian River. The Council had no objection to this, Mayor Christy also brou~ht to the Council's attention information from the Dept. of Community Affairs concerning grants specifically the possibility that a grant might be available for incinerator type trash disposal system~ . Councilman Astinq asked Chief Bauqh how his deoartment was doing on the survey of speed limits in Florida Shores. . Chief Baugh said that they were still working on it. .'Rf'5'OL1JTIONS The City Attorney read Resolution No.'-79'-'R-":-7'1 A RESOLUTION AC~EPTING CERTAIN REAL PROPERTY DEDICATED TO THE CITY OF EDGEHfI)ER, FLORIDA, PURSUANT TO qUIT-CLAIM DEEDS EXECUTED ON AUGUST 12;' 1966 AND MARCH 8,1966, BY DOUGLAS E. AND BETTY ANN COLE AND PRESS p, AND.MYRTLE COLE; 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 4~O. The City Attorney read Resolution No,'i9~R~to A RESOLUTION APPOINTING JAMES M, ~ACKIE. JR" SEBASTIAN SICILIANO, F RAN K 0 PAL, C L A I R BOW S E R, JAM ESP, E N G L E, RAY T R 0 I A NAN D M. F, 'W H EEL E R AS MEMBERS OF THE EDGEWATER ZONING BOARD FOR A PERIOD OF THREE YEARS FROM THE DATE OF THE ADOPTION OF THIS RESOLUTION: REPEALING ALL RESOLU- . TIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE, CouhcilmanAsting made a motion that the Council. adopt this Resolution, Councilman Rotundo seconded the motion, Upon rollcall ~ the motion CARRIED 4-0, ORD'INANCES The City ,A.ttorney read Ordinance No, 7.g''':{)''::i,4. AN ORDINANCE AMENDING ORDINANCE 1027 OF THE CODE OF ORDINANCES OF THE CITY OF"EDGEWATER, FLORIDA, BY CHANGING CERTAIN ITEMS OF ANTICIPATED REVENUES AND EXPENDITURES IN THE 'CITY OF EDGEWATER'S BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1978 AND ENDING SEPTEMBER 30, 1979: REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion to table this until next week. Councilman Astin~ seconded the motion. Upon roll call the motion CARRIED 4-0. - '-DLO' BUS I NESS '. Pavinq Equi pment Mr. DeGroot, City Engineer, .said that at.this time he did not have too much to add to Councilman Asting1s report on the use of County Equipment. He is checking into this and also checking with other pavin9 companies in the area to make a cost comparison, '~UOlfNCE MiSCELLANEOUS Mr. Bunch, Orange Tree Drive, spoke against the pavin9 proqram. 6 , , ~ (.) Mr. Bunch continued by saying that some Councilmen seem determined to buy pavinQ eauipment even though it will cost. a lot more than $30 000 He has heard'that the crux of this was the property north of the ;ail~ road track extending from Mango Tree Dr. that the Southeast Bank owns. He has a feeling that some people in this area are bound to improve that property at Edgewater's expense. He said that oil alone for - a paving program in Florida Shores would cost $2,000,600. He said that last week Councilman Sikes had said they could take the $60,000 used for ~rading, which ~r. Ledbetter says is not a correct figure, and add the $30,000 which we would get from the residents of Florida Shores, He does not know what he was alludinq to. He has heard there is an ordinance that says the property owners'on each side of the street would pay 1/3 of the cost and the City pays 1/3 down the middle. He mentioned a general obligation bond issue that was used to put in some streets and sewage at no cost to residents of Edgewater. How about a bond issue for roads in Florida Shores? This hasn't been mentioned, Mr, Witzig, 2218 Queen Palm,spoke about the inequity that had been dealt Mr. Crouch by the press and the Building Code Board. They should apologize for invading the owner's privacy and creating the problem. When the press prints information that is contradictory we never hear about a correction of this information. Mayor Christy said that the Citv had no control over what the newspapers print. Councilman Ledbetter said that we have a Buildinq Insoector that is making good money for the inspections that he does but he has received a lot of telephone calls asking how that man can make a physical inspection on a building site sitting in his car. People have told him that the insoector drives uo to the side of a house and sits there with the door of his car open then backs up and goes on. Mr. Crouch should not be blamed for the footer. When the inspector goes out to inspect the footer he should measure the footer. Mr, Witzig said that he understood that a measurement was made or it was sianed and now there is a correction to it and the brunt of this falls on the builder's shoulders, It is not the builder that s~ould be res~onsible, it is the inspector and he thinks a correction should be made somewhere and it is up to the Council to do it. Mr. Vasquez, property owner in Edgewater~ temporarily residing at t- 2807 Nee d 1 e Pal m, s p 0 k e tot h e Co u n c i 1 a b 0 u t the p a v i n 9 pro g ram i n a Florida Shores, The people in Edgewater ~hould be one entity not two seoarate entities such as Florida Shores and Edaewater. The people' should either be asked to approve a general ;bli~ation bond issue which would become the resDonsibility of the entire City and not just Florida Shores or issue revenue certificates and make this a paying proposition. The type of pavin9 program being presented could do more harm to Florida Shores than ~ood. An oil base on sand only tracks the sand into people's homes. He said that the newspapers had stated the the Council was thinking very seriously about paving a street north of Manao and Park Ave. and west of the railroad tracks. The property in question which is 309 acres, and he doesn't know where the Council will get the money to buy 309 acres for industrial use. Where are we going to get the money to pave this road and where is it going? The property in ~uestion is. owned by the Southeast Bank of New Smyrna Beach and the property owner adjacent to that is Mayor George Musson and adjacent to that is property owned by Mr. Bolt, the attorney for the Utilities Commission. He wants to know what is takin~ place that the citizens of Edgewater do not know about. Mayor Christy said that he did not know about this, it was the first he had heard about it, Mr, Opal, 2002 Pine Tree Dr" referred to the comments mad~ by Mr. Crouch and Mr, Witzig, and the chair does not respond to anything, The Council had a Special Meeting on this subject and ~either of t~e~e men.were pre s en t . The Mayo r s h 0 u 1 d tel 1 t h em a b 0 u t 1 t.. ~, r, T ~ b 1 nt' t h ~ 1 n s p e c to r flatly admitted,and it is on record, that he ~ld n~t lnspect It. y~u have records and you have minutes and Mr, Tobln sald that he had mlssed the boat and he didn't aO back there and inspect or anything. It's all a matter of record, it was our inspector that goofed and the peoDle 7 eo <<) should know this. Hr. Tobin~ the ins~ector~ admitted this, There was no file. Charlie Murphy hid the file, couldn't find it. You (Mayor) didn't have that file last Thursday at the Special Meeting. Mayor Christy said they had the minutes. and Mr. Opal could come in and listen to the tapes. Mr. Opal said that he didn't need to do that he knew what the minutes were. He sat there and heard him say that he ~oofed~ he did not inspect it. Councilman Ledbetter said that he thought Charles Murphy was our inspector. Mr. Opal said that Mr. Murphy's subordinate, Mr. Tobin, was the one who said he goofed, he did not inspect it. These people should be told just what is going on. He doesn't know who they are trying to protect. Mr. Fredericks, 1606 S. Riverside Dr., wanted to know how the City was progressing with the animal ordinance. Mr. Woods said he was working on it, Mr. Fredericks also said that when they were doing the repair work at Riverside and Rhode Island St., they used a backhoe for over five hours banging on the blacktop, This was an expensive piece of machinery and a cutter should have been used to break up that blacktop, Councilman Ledbetter said that he did not know anything about this it was the Water Dept. that was doing the work. Mayor Christy said that he had received a phone call about this also and he believes a cutter should have been used, Councilman Ledbetter said the Street Dept. had a oroblem with the old backhoe. It is using too much oil. It will take' over three weeks to have this repaire~. However, tf there is no money in the Street Dept. there isn't much point in discussing any repairs, The culvert material is paid for by the Street Dept. but the money we collect goes into the General Fund. They need to budget money for materials ~ for the Street Dept, Mr. Weser said that there was no knowledge on his part to put money back in for the sale of culverts. ,The amendment to the budget was given to Mr, Ledbetter three weeks ago, Councilman Ledbetter said that the City Clerk 0ave him one copy of the amended budget on a Friday and then the following Monday gave him a revised budget and it was only two weeks a'go, Mr. Weser said that when they set up a budget for the garbage collection as a separate item, they could have done the same for culverts, However, this was not done and this could have been added to the Street Dept. if he had had the information earlier. 'Councilman Ledbetter said that he wanted the budget amended to ~ive the Street Dept. money for materials that they need. -N [H-B US,! NE S S '. None Councilman Ledbetter made a motion to adjourn. Councilman Rotundo seconded the motion. The'meeting was adjourned. Minutes Submitted by: Nancy Blazi ~ \ 8 ". . ATTEST: o (J ~4!~~ ./ CO'~itY Clerk ~/ ;. Approved this C day of ~;;~ M a Y9 r Councilman 5; Ire s Councilman counc~do~ - 9 - ~I I r ("v 6 ~c .J / Y..eo