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12-10-1979 - Regular . ~ , o ~ CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING December 10, 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 William B. Glaser Councilman Neil J. Asting City Attorney Judson Woods City Clerk Joseph Herget Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION The Invocation was given by Rev. Boggs. SALUTE TO FLAG APPROVAL OF MINUTES Mayor Christy said that the City Attorney had advised that the Council members could not abstain from voting. On Dec. 3 at the Council Meeting, Councilman Rotundo made a motion that the Council give the Zoning Board a vote of confidence. Councilman Asting seconded the motion. The motion CARRIED 4-0. Councilman Ledbetter abstained from voting. Mayor Christy called for another roll call on this motion. On the second roll call the motion CARRIED 4-1. Councilman Ledbetter voted NO. On Dec. 3, at the Council Meeting, Councilman Rotundo made a motion that the Council authorize the appropriation of Anti-Recession funds for a $50 bonus for each employee and the balance appropriated for office supplies. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Asting abstained from voting. Mayor Christy called for another roll call on this motion. Upon the second roll call, the motion CARRIED 4-1. Councilman Asting voted NO. Councilman Ledbetter made a motion that the Council approve the minutes of the December 3, 1979 meeting. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. 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. There was a brief discussion about the extra cost for garbage when we have to take garbage to some other dumping station. We do not pay Mr. Osban when he does not take the garbage. PRESENTATION There was no one present at the meeting from the Paving Companies. This was TABLED until next week. COMMUNICATIONS The City Clerk read a letter from the City Attorney stating that the City was not in violation if they did not have a coordinator for each department. "" . '-> (.) The City Council read a letter from the City Attorney recommending that in reference to the request from Mr. Dana Armstrong for sewer service, the City should charge the minimum sewer charge of $3.50jmo. We do not have any ordinances that deal with sewer charges only. Until such a time as water in available in that area, the Attorney believes that a minimum charge would be equitable. There was some discussion concerning the request of Mr. Armstrong. Mayor Christy said that he felt the charge should be higher. Councilman Ledbetter made a motion that the Council accept the City Attorney's recommendation and charge the minimum $3.50jmo. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO. The City Clerk read a letter from the Library Board requesting that appointments be made on a staggered basis. Councilman Rotundo made a motion that the Council accept the Board's recommendation. There was some discussion about who would be appointed for the different terms of office. Councilman Rotundo withdrew his motion. Councilman Asting made a motion that the Council refer this back to the Library Board for their recommendation on which terms each member would serve. Councilman Rotundo seconded the motion. Councilman Glaser suggested that perhaps we should make the same term of office for each Board. Upon roll call the motion CARRIED 5-0. The Council considered a request for a Home Occupational License for Mr. Muni 1913 Riverside Dr. for a shingle roofing business. Mr. Muni was not in the audience. Councilman Rotundo made a motion to TABLE this until next week. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from Briley, Wild and Assoc. stating that the By-pass system for the Wastewater Dept. could be paid for from Fund 44. Kevin Bosse, Supervisor of the Wastewater Dept. spoke to the Council concerning the estimated cost for construction of the by-pass system. BWA has estimated approximately $11,500 but Mr. Bosse said this was a very conservative figure and he believes it will cost closer to $15,000. The City Clerk said that funds were available in Fund 44 for this work. There was a discussion about this system. Councilman Asting made a motion that the Council authorize the WW Dept. to go out for bids for this backup system. (Bids should be back by January 16, 1980 at 4:00 P.M. Bids will be opened in the City Clerk's office to be studied by the Supervisor and Consulting Engineer for recommendation to the Council) Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Bid recommendations will be presented at the Jan. 21, 1980 Council Meeting. Councilman Glaser questioned the use of Fund 44. Councilman Asting said that this was an expansion to the primary system and not a repair. 2 \ ~ Q o COORDINATORS REPORTS Councilman Rotundo said that he hoped Fire Chief Severance would be at the Council meeting to report on Fire District. However, the Fire Chief was not there at the time and possibly he might arrive before the end of the meeting. Councilman Ledbetter: No report. Councilman Glaser asked if the City had been reimbursed for expenditures incurred from the truck accident that broke the water main? Councilman Asting said that there was no total figure on the bill. Mayor Christy said that we will check this out and send a bill. Councilman Asting No report. City Attorney said that Magnuson Corp. had requested the vacating of an alley at Indian River Blvd. between Fern Palm and Guava Dr. It is necessary for the Council to issue a resolution of intent to vacate this alley and then set a time for a Public Hearing. Property owners adjacent to this area will have to be notified. It would probably be better to vacate the entire alley. There was some discussion with Mr. Don Testa, representative of Magnuson, concerning the utilities and also access for other property owners. Councilman Rotundo made a motion that the Council authorize the City Attorney to prepare a resolution of the intent to vacate the 15' alley between Fern Palm and Guava. Councilman Asting seconded the motion. Councilman Glaser asked if there had been a rezoning of this alley about two or three years ago? Mayor Christy said that he did not recall any rezoning. Upon roll call the motion CARRIED 5-0. City Clerk Joseph Herget told the Council that he would need more time to prepare the specifications for the liability and property damage insurance. He requested more time and said that he would report back to the Council on a date to go out for bids on this insurance. Councilman Ledbetter made a motion that the Council grant more time for the preparation of the insurance specifications. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Mr. Herget told the Council that he had received a call from a Board member stating that some members are resigning or becoming discouraged because many of their recommendations especially on zoning and special exceptions are not enforced after Council approval. Mr. Woods said that the Building Official was the zoning enforcement official. Councilman Ledbetter said that he did not believe that the Building Official was spending much time on checking on violations. There was no Council action on this subject. Mayor Christy said that the City had received the money for the Police Trust Fund. Also that the information on the 701 grant had been received and we should expect an answer soon. He also requested that the Council authorize the ~losing of City Hall at noon Dec. 24, 1979. Councilman Asting made a motion that the Council authorize that City Hall be closed at noon on December 24, 1979. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. 3 ~ Q o RESOLUTIONS The City Attorney read Resolution 79-R-116. A RESOLUTION APPROVING THE GRANT OF A SPECIAL EXCEPTION TO WILLIAM AIKENS, AS LESSEE, FOR THE PURPOSE OF OPERATING A USED CAR BUSINESS ON CERTAIN DESCRIBED PROPERTY, IMPOSING ADDITIONAL REQUIREMENTS FOR CONDUCTING SAID BUSINESS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion that the Council adopt this Resolution. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 5-0. ORDINANCES The City Attorney read Ordinance 79-0-38. AN ORDINANCE APPROPRIATING $6,794.13 IN ANTI-RECESSION FISCAL ASSISTANCE FUNDS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Christy said that if the Council wishes to adopt this ordinance, they should do so on an emergency basis so that the Christmas bonus could be sent out before Christmas. Councilman Glaser made a motion that the Council adopt this ordinance on an emergency basis (first reading). Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Asting voted NO. OLD BUSINESS The City Clerk certified that two bids had been received for the front end loader. One bid from Case Power and Equipment and the other from Robinson Equipment Co., Inc. The City Clerk opened the bids. The Bid from Case Power and Equipment was for $14,527.77. There were two bids from Robinson Equipment Co., Inc. One was for $13,399.28 and the other for front end loader with some additional features was for $14,933.35. Mayor Christy called a brief recess while the Supervisor of the St. Dept. examined the bids to make a recommendation to the Council. Recess. Meeting called back to order. Mr. Earl Copeland, Supervisor of St. Dept., said that both tractors were acceptable but that Case had an automatic transmission for torque converter and he would recommend purchasing the Case tractor. There was some discussion between Mr. Robinson and the Council concerning the fact that Case is the only company that makes an automatic transmission for torque converter. Mr. Robinson said that more mechanical repairs may be necessary with the automatic transmission. Mr. Black, Case Co. representative, said that repairs could be made with regular mechanics tools and he did not anticipate a lot of problems with the tractor. Councilman Ledbetter made a motion that the Council accept Mr. Copeland's recommendation and award the bid to Case Power & Equipment for $14,527.77. Councilman Rotundo seconded the motion. The City Clerk certified that these funds were available in Federal Revenue monies allocated to the St. Dept. Upon roll call the motion CARRIED 5-0. 4 . . Q u , Board Appointments. The City Clerk reminded the Council that there are still vacancies on some of the Boards. Councilman Asting made a motion that the Council appoint Carl Cochrane to the Planning Board. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter made a motion that the Council appoint Patricia Walker to the Board of Adjustment. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter made a motion that the Council appoint Phyllis Woodard to the Planning Board. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Rotundo voted NO. There is still a vacancy on the Industrial Development Advisory Board. The Council TABLED this until next week. Marketing Contract. Mayor Christy read the contract regarding benches being placed around the City with advertisement on the benches. Councilman Rotundo made a motion that the Council authorize the signing of this agreement. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 5-0. Taxi Ordinance. Councilman Ledbetter made a motion that the Council instruct the City Attorney to draw up a Taxi Ordinance. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Council Meetings. The Council discussed the possibility of holding Council meetings every other week. Mayor Christy said that he did not see how this could be possible at this time with all the ordinances we have pending and the volume of work before the Council. Councilman Asting made a motion that the Council leave the meetings as they are for the time being. Councilman Ledbetter seconded the motion and added that he would like this brought up again in late January. Upon roll call the motion CARRIED 5-0. Needle Palm and Truck Route. Chief Baugh said that the Council needs to give the City Attorney permission to amend the Truck Ordinance. At the present time, it is not specific enough to enforce. The City recently went to court over a truck violation and the judge stated that the ordinance was not specific enough to enforce. There were no objections from the Council on having the City Attorney redo the Truck Ordinance. Councilman Glaser said that there was no penalty attached to violations of the Truck Ordinance. Mr. Woods said that the Code of Ordinances sets penalties for violations of all ordinances. However, he would make a penalty more specific in the Truck Ordinance. Pro Tern Attorney. Mr. Woods said that Mr. Charles Hardee, New Smyrna Beach Assistant City Attorney had said that he would serve as Pro Tern attorney for Edgewater, if the City wanted him. 5 . . Q o Councilman Ledbetter made a motion that the Council accept the City Attorney's recommendation and hire Mr. Hardee as Pro Tem Attorney. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Mr. Woods said that Mr. Hardee would serve whenever he could not attend the meetings and be compensated at the same rate as the City Attorney. Construction prior to issuance of permits. Mayor Christy said that there has been a number of complaints regarding construction that is started on homes before a permit is issued. We should do something about this. You are allowed to clear the land but you should not start anything else until you have the permit and it is posted on the property. If work is started before the permit is issued, we can charge him double the permit fee. Councilman Asting said this should be enforced and the fine should be higher. Maybe our City Attorney can help us on this. If necessary we should have a new ordinance on this. Mr. Woods said that he would take a look at the ordinance and see if we can revise it and report back next week. AUDIENCE MISCELLANEOUS Mr. Frank Opal asked about a sign on U.S. 1 at Pine Bluff. Chief Baugh said that this sign is on private property with the owners permission. Mr. Opal also spoke about permits and agreed that something should be done about this. Mrs. Taylor asked the Council about Flood Control and flood insurance and when there would be an ordinance. Mayor Christy said that the City is waiting for a sample ordinance from the government. He understands that there is a waiting period, after the public hearing, before this becomes official. Mr. Rochford, Needle Palm, spoke to the Council concerning the number of trucks that use Needle Palm and the danger to the children in the area. Something has got to be done to keep these trucks off that road before someone is seriously injured. NEW BUSINESS Mayor Christy suggested that the Council appoint Terry Wadsworth to the Area-Wide Water Quality Advisory Committee. Mr. DeGroot used to be on this committee but we have no one from the Water Dept. attending these meetings. Councilman Asting made a motion that the Council appoint Terry Wadsworth to the Area Wide Water Quality Advisory Committee. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Asting made a motion to Adjourn. Councilman Ledbetter seconded the motion. The meeting was adjourned. Minutes submitted by Nancy Blazi 6 . . Q .. ATTEST: - - '~'~ . City ~k ,~ ~ APPROVED THIS /7 ~DAY OF DECEMBER, 1979. o ([~9)r~1c~ W."B.G~ Councilman .7u~~ Councilman ~~;/tl~ ~ \ - 7 - ~ ~ {59 ~~-C -YcA1