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04-21-1980 - Regular . (J (,,) ~ CITY ()F EDGEWATEP CITY COUNCIL REGULAR MEETING April 21" 1980 CALL" TO ORDER Mayor Christy called the meeting to order at 7:00 P.M. in the Edgewater Community Center. ROLL- CALL Mayor Robert H. Christy Councilman Louis J. Rutundo Councilman David C. Ledbetter Councilman William B. Glaser Councilman Neil J. Asting City Attorney Judson Woods City Clerk Joseph Herget Police Chief Earl Baugh Present Present Excused Present Present Present Present Present INVOGATION Silent SALUTE TO' FLAG 'APPROVAL OF MINUTES Councilman Rotundo made a motion to approve the minutes of April 14, 1980. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. BILLS,AND'ACCOUNTS Councilman Asting made a motion to pay these bills. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. COMMUNICATIONS City Clerk Herget read the letter from. the residents of Eastern Shores Mobile Village concerning the Smith property. City Attorney Woods stated that he has asked Dr. King of the Department of Health to take action under Florida Statute 386 to abate the nusiance of the rodents. We will get together with the Building Official to have these buildings torn down. Mayor Christy said that he has received several calls about Mr. Smith buring debris. and asked if this was legal? Mr. Charlie Murphy said that he and the Chief went out to the Smith property and asked the operator if- he had Eutied anything and he said no. Mr. Carter 23 Camino Real Drive, said that they had buried old skins and wood. City Attorney Woods said that the Building Official and the Chief had the right to go on the property and inspect this. Mayor Christy asked Mr. Murphy and the Chief to check this out and report back to him. City Attorney Woods read the letter he wrote to Dr. King of the Department of Health asking him to check out the premises for a rodent (rat) festation. - 1 - o (,) Mrs. Carter said that several people in the neighborhood had already sold their homes because of the rats. Mr. Jim Cameron said that Hanson & McAllister buried a large amount of lumber. Mayor Christy asked if the condemned buildings had been taken down? Mr. Murphy said no. He then said that the only thing he could do now was go in with the City forces and clean this up and send him the bill. Councilman Asting made a motion to use City forces to go in and clean up the area. Councilman Rotundo seconded the" motion. Mayor Christy asked Mr. Copeland is he had the people to do this? Mr. Copeland said that he would rather go and look at this. Councilman Asting amended the motion that if the City can not do this we will hire outside help. Councilman Rotundo accepted: this on his second. Mayor Christy will put solicitations in the paper for outside help if needed. City Attorney Woods felt that a follow-up letter stating that the buildings would be demolished would be in order. Mayor Christy asked Mr. Copeland to check and see if we have enough City forces for this and report back to him. Mr. Dan Miller, 2S Camino Real, said that he had seen trusses piled up near a ditch and later the bulldozer was leveling the ditch. Mayor Christy asked the Chief to ask McAllister why they had stated that they did not dig when 3 different citizens saw them do this. Upon roll call the motion CARRIED 4-0. <JOHN'- SIMMONS - 'FLORIDA HEALTH CARE . Mr. Simmons spoke to the Council and introduced Mr. Simpson and stated that they wanted to try to clear up the misunderstanding between Council and FHC. IB City Attorney Woods felt that this was premature, but stated that Mr. Simmons could go ahead and give the presentation and then before any decision was made we could speak with Mr. Ascherl. Mr. Simmons said he spoke with a Prudential representative, Mrs. Eugene Dial and she said that Prudential would not hold anyone to the contract if they wanted to go with FHC. Mayor Christy asked Mr. Simmons what he intended to do to help the people that cancelled their policy and went with FHC. Mr. Simmons said that he did not understand why the employees could not have FHC. Mr. Simpson, FHC, said that if they had created a problem for the employees, they would do anything they could to correct it. We can take these people and sign them up on an individual basis or we will contact Prudential. He invited Council up for a guided tour of the facilities and for a film presentation. Councilman Asting asked how many employees signed up? City Clerk Herget said 22. He then asked if once the employees went with FHC, they can not get back into Prudential unless they are medically certified as acceptable by Prudential. Mr. Simpson said that this was true. Councilman Rotundo made a motion to table this until they can obtain more information from the employees.and Mr. Ascherl. Councilman Asting seconded the motion.. Upon roll call the motion CARRIED 4-0. - 2 - o o City Clerk Herget read the letter from the New Smyrna Beach ~ Edgewater Humane Society concerning the licensing of dogs and cats~ Councilman Asting made a motion to permit the Humane Society to get in touth with the City Clerk and work out the details and have the City Clerk then present the arrangements to the Council. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4~O. City Clerk Herget read a letter from the Building Code Board requesting a time limit on building permits. Mayor Christy asked Mr. Murphy how long it took for a building permit. Mr. Murphy said a week. Councilman Asting made a motion to have building permits ready within 48 hours, unless an unforseen situation occurs. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4~O. City Clerk Herget read a letter from the Building Code Board recommending a code change of section 1706.6. Councilman Asting made a motion to accept the Building Code Board's recommendation and change the code. Councilman Rotundo seconded the motion. Mrs. Webber asked if this was in conflict with the Southern Standard Building Code? Mayor Christy said no as long as you improve the law. City Clerk Herget read the Building Officials reason for this action. Upon roll call the ~otion CARRIED 4~O. City Clerk Herget read the letter from F.V.E.R. requesting that they be allowed to respond to requests in the County. 2A Councilman Rotundo made a motion to request E.V.E.R. to go out on calls in the County with response of Beacon. Councilman Glaser seconded the motion. Ctiy Attorney Woods suggested checking with Caton Insurance to see if we are covered.to go out into the County. Mrs. Webber felt that Beacon should extend gratuity to the City for any work done by the City. Upon roll call the motion CARRIED 4~O. REPORT Mayor Christy read ~orrespondence concernin~. BWA and the Sewer Plant. This report concerned the CANTEX unit and the City being dissatisfied with BWA. He as~ed the Council to notify BWA. Mayor Christy: I would like to ask this Council to notify Briley, Wild that we would no longer be needing their services and that this City goes out for, it is not bids - I forget what the name is - to go out and seek out a new Engineering firm - advertise for all the different firms to give us a bid or whatever it is called - for services to Edgewater - because I am very unsatisfied with the bills and with all these letters- this is a lot of paper work here - so I would like to have a motion from the Council that we advertise for a new Engineering Firm. Councilman Asting: I think that we ought to glve Briley, Wild an opportunity to respond to this. Mayor Christy; Mr. Asting, we have been giving them opportunities all along. I've even got a bill here where they charged us to come down here to defend themselves. If you look over here in the bills. Councilman Asting: were 1igitimate. That was to go over the back bills to find out if they - 3 - o o ~ Mayor Christy: Believe me, I've been two weeks on these bills and I wish the citizens would come in and read these - read the papers and read the bills too. I still wish that this Council would make a motion that we would advertise for a new Engineering firm. From the audience - question about the total amounts. Mayor Christy: No, I didn't tally it all up. and the young lady who helped me. 2B Councilman Asting: Most of the payments to Briley, Wild occured during the construction of the sewer plant and the water plant. Since those projects have been completed, I think the first five months of this year, we paid them approximately $3,600 for five months services which is very reasonable. We couldn't get a City Engineer for that - no way - not anywhere near that. The cos~have been reasonable. Most of the expenses were incurred during the construction of the two big projects the sewer plant and the water plant. I think we should give them a chance to respond. . .. other functions in the City Mayor Chrjsty: Over the period of years, I have been very unsatisfied. Of course, when you call down there they say I am the only one not satisfied with their work. I've got a lot of letters here which make me very unhappy. Councilman Asting: I don't think that you are the only one, Mayor. I've been disatisfied but they have come through and satisfied me on a lot of the services they have performed for the City. Mayor Christy: I still think it is time we changed Engineering firms - we've been with them for so long - we don't even know what is happening anymore half the time. Councilman Asting: I am not disputing the fact that we should or should not change engineering firms, but I am saying that I think that they ought to get an opportunity to respond to this paper work that you have gotten together. Mayor Christy: This is all theirs - this is what I've given to all the people I have been reading from Briley, Wild - Mr. Torn Strang, Mr. Fernandez, Mr. Bill CrOss - Councilman Asting: You have a bill here dated Feb. 1, 1980, in the amount of $1,727.00 and it is for professional drafting, secretarial work, overhead etc. This is in connection with the by-pass system which they drew the plans for and engineered and which we have accepted. Mayor Christy: We paid for those plans a long time ago. We are getting billed twice for the same thing. Councilman Asting: Let's have Briley, Wild to corne down here. Mayor Christy: I'm still asking the Council to go out for a new Engineering firm. What is the Council's pleasure? Councilman Rotundo: We've been having problems with Briley, Wild - this is my third year on the Council - we aren't getting the proper results from this outfit so I will make a motion that we go out for a new engineering firm. Mayor Christy: I have a motion from Mr. Rotundo to go out for a new engineering firm - do I have a second to this motion? Councilman Glaser: We're just going out for bids? Mayor Christy: It is not called bids - what is the word? City Attorney Woods: Solicitation for professional services. Councilman Glaser: We still have the option of accepting or rejecting any of these? Mayor Christy: We still have' the perogative of accepting or rejecting any or all proposals. Councilman Glaser: I'll second the motion. Mayor Christy: Seconded by Mr. Glaser - question on the motion. Mr. Rotundo? - 4 - o o Councilman Rotundo: No questions. Mayor Christy: Mr. Glaser? Councilman Glaser: No Questions. Mayor Christy: Mr. Asting? Councilman Asting: No questions. Mayor r.hristy: Audience? Someone from audience - we elected you and you should know what the City needs - vou do not need to discuss this with the audience - if you see they are'no good - fire them. Mayor Christy: I still want to come to you to find out what you folks want too. Mr. Gross: Do we have a contract? Mayor Christy: We have a contract but we can cancel it within thiity days. Mr. Fredericks: Aren't the engineers responsible to make sure that these plants work properly? We are always hearing that the thing is out of plumb and it is not turning - hasn't turned right since we started the plant, has it? Mayor Christy: Mr. Fredericks, this is what we are going to have to determine We will notify Briley, Wild of the occurence of tonight and I'm sure they will be here next week ~ I can almost bet on it -- and then we'll find out a little more of where and why and how we are going to go. Mr. Fredericks: They took our money - I don't know if they got it all now or not but they took a good part of our money and I think it is up to them to finish that job and make it right. When you buy a car or anything else you want it to run right the same way you do that plant over there. We're spending money and we've spent money in that plant now every time we come to the meeting there is something different going on to spend money on over there. Mayor Christy: Mr. Fredericks, I've had a person say the same thing to me - that Briley, Wild has not fulfilled their obligation then I've also been told that McMahon has fulfilled their obligation and they haven't charged us extra for the work and they have been trying to correct it. My contention is that if a building is being built - and there are no specifications - I've been told that there were no specifications saying exactly the degree of the plumbness of this center post - my impression is this - if I go to build something and I think it should be plumb I would have inquired around and find out ,how much. Briley, Wild is our engineer and McMahon is a capable builder and the Cantex unit must have been a capable firm. Mr. Fredericks: If that thing can't operate without wobbling - we paid for it they should make it right. Mayor Chriaty: I agree with you. I'm not objecting at all. I've had a lot of questions given to me. Mr. Gross: I agree with you about Briley, Wild - I don't think they know for beans - Mr. Opal: You have been reading letters from 1977 and all of that and I remember we had Rick Fernandez here and a Councilman, you even praised him and all that, in fact you pushed the whole deal and I used to oppose that an awful lot and now it is all coming out - what a sloppy job we got - the engineers - now you want to get rid of them? You should have got rid of Fernandez a long time ago - long before you even got the sewer plant. Mayor Christy: Fernandez was gotten rid of a long time ago. Mr. Opal: And I told you that a long time ago, You've got the same thing now and you don't know what to do with it, Mayor Christy: Mr, Fernandez was not there when I came in, - 5 - o o , Roll callan the motion. Councilman Rotundo! Yes Councilman Glaser: Yes Councilman Asting: Yes Mayor Christy: Yes Mayor Christy: The City Clerk will advertise. 10 minute break 'COORDiNATGRS REPORT , Councilman Rotundo no report. Councilman Glaser no report. Councilman Asting said that he has had calls from residents on Royal Palm stating that the road is like"a speedway and they have several children out there. Can we put surveilance on this road? Chief Baugh said yes. Councilman Asting said that on April 20th the #3 well went down, the problem has now been taken care of. He also said that since the City has grown they were now in need of another well. City Attorney Woods said that he would have his reports on April 28th. City Clerk Herget said that he spoke to Mr. Osban and he will pay the City what he owes. He also spoke about the BWA bill for Pelican Cove Sewage Pump Station.. He recommende~ not paying this bill as Mr. Carter was going to pay this. This bill is approximately $200. He felt that the Boards should advise the builders to utilize other engineers other than the City Engineer in the future. Councilman Rotundo made a motion to go with the City Clerk's recommendation.- Councilman Glaser seconded the motion. Upon roll call the motion._. CARRIED 4-0. 3A City Clerk Herget asked if the Council wanted to purchase the telephone system? He recommended buying the re-conditioned telephone system from McDuff Insurance Agency in Daytona. City Attorney Woods suggested getting the maintenance agreement, the installation and the cost of this system in writing. Councilman Glaser made a motion to procure the used ere-conditioned) telephone system.. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. Mayor Christy asked the Council to raise Mr. Earl Copeland's salary up to $13,000 annually to be effective April 22, 1980. Councilman Asting made a motion to increase Mr. Copeland's salary to $13,000 per year. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4~0. Effective 4-22-80. Mayor Christy said that something should be done about the boaters parking all along the front of the Parks and Piers. Chief Baugh said that he did not have this information yet. Mayor Christy asked that this be put on the agenda for April 28, 1980. He also said that the City of Edgewater now owned Mango Tree. RESOLUTIONS None - 6 '" (.) u ORDINANCES City Attorney Woods read Ordinance 80-0-47. AN ORDINANCE AMENDING SECTION 602.02(a), R-lA SINGLE FAMILY RESIDENTIAL DISTRICT, BY DELETING FROM SAID SECTION "ONE STORY!!; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion to table this ordinance until April 28th when a full Council could be present. Councilman Rotundo seconded the motion. 3B Upon roll call the motion CARRIED 4-0. City Attorney Woods read Ordinance 80-0-48. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA BY ADDING THE CONST~UCTION OF DUPLEXES AND MULTI-FAMILY DWELLINGS, INCLUDING TOWNHOUSES AND CLUSTER HOUSING IN THE B-2, B-3, B-4 AND B-6 ZONING DISTRICTS AS SPECIAL EXCEPTIONS IN SAID ZONING DISTRICTS- PROVIDING FOR COMPLIANCE WITH DIMENSIONAL REQUIREMENTS AS SET FORTH IN SECTION 603.01\.1 R-4 HULTI-FAMILY DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR ADVERTISEMENT OF THIS ORDINANCE BY THE CITY CLEKR AND PROVIDING AN EFFECTIVE DATE, Councilman Rotundo made a motion to accept this ordinance. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. City Attorney Woods read Ordinance 80-0-49, AN ORDINANCE A~ENDING SECTION 606.0l(b), B-2 NEIGHBORHOOD BUSINESS DISTRICT, TO ADD AS AN ADDITIONAL PERMITTED USE IN SAID DISTRICT AUTOMOBILE TUNE- UPS AND FRONT END ALIGNMENT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR ADVERTISING AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion to adopt this ordinance. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. City Attorney Woods read Ordinance 80-0-50. AN ORDINANCE REPEALING THE PROVISIONS OF CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, PERTAINING TO ANIMALS AND FOWL, AND SUBSTITUTING THEREFOR A NEW ORDINANCE TO BE DESIGNATED AS THE ANIMAL CONTROL ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING THAT SAID ORDINANCE SHALL BE CODIFIED AS CHAPTER 5 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Glaser made a motion to adopt this Ordinance. Councilman Rotundo seconded a motion. Upon roll call the motion CARRIED 4-0. OLD BUSINESS City Clerk Herget read the bids from 1. Highway Equipment Company in the amount of $4,922.50, 2. Edgewater Rent-All in the amount of $8,158.00 and 3. Edgewater Rent-All in the amount of $11,570.00.for a trash pump. Mr. Copeland recommended going with the Highway Equipment Company in the amount of $4,922.50. Councilman Rotundo made a motion to accept the bid for Highway Equipment Company in the amount of $4,922.50. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. ORDINANCE 110 Mayor Christy read section 2 of Ordinance 110. Mr. Chuck Lum gave a petition signed by 132 residents to) the Council. The petition is requesting that section 2 of the ordinance be repealed, He stated that he checked with the State and they have no objections to the riding of horses with the exception of Interstate Pighways. He felt the rights of the people riding horses is being taken away. - 7 - o o Mr. Robert Witzig turned in a petition signed by 258 residents opposing to the riding of horses on unpaved roads. 4A Mr. Monti asked who would clean up after the horses. Mrs. DeLaney felt that if you compared the trash on the streets and highways that it was much worse than the defication. She felt that most people did not care that horses were ridden in Florida Shores and they did not know what was going on with this Ordinance. Mrs. Mackie asked what the purpose of this Ordinance was and where would the people board their horses. Mrs. Quagin was concerned about the safety of children. Councilman Glaser said that in the 14 years that he has lived in Florida Shores the cars have been much worse than the horses. He felt that the City should compromise and set certain areas where the horses can be ridden. He stated that cars and motorcycles tore up the roads much worse than horses. Mr. Gross felt that the City should compromise. Council decided to TABLE this Ordinance until April 28, 1980. AUDIENCE MISCELLANEOUS None NEW BUSINESS City Attorney Woods said that he needed to get with the Building Official and make sure that Mr. Corbett Smith has been legally notified.. Councilman Rotundo made a motion to adjourn. Councilman Glaser seconded the motion. Meeting adjourned ...... -...... ...." ......... Minutes submitted by Donna Prevatt ~- ~ )0 I ~~~ :.--fA J ,. tz."l. 'z7 I ATTEST: .I--4~~' ~y Cler - 8 -