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12-03-1979 - Public Hearing/Regular ~. Q o CITY OF EDGEWATER CITY COUNCIL PUBLIC HEARING December 3, 1979 Mayor Christy called the Public Hearing to order at 6:30 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 Absent Present Present Excused Present Present Mayor Christy said that the purpose for the Public Hearing was to appropriate Anti-Recession Funds. The City Clerk read a letter that had been sent to the Council two weeks ago concerning Anti-Recession Funds and the different ways that this money could be appropriated. It had been suggested that this money be used for a Christmas bonus for employees. The money can also be used for expendable items such as office supplies. It cannot be used for items that have more than a one year life expectancy. The City Clerk also read a letter from Mr. Grollemund requesting that the Anti-Recession funds be used for the advisory boards. Mayor Christy said that the money can only be used for regular The advisory boards are volunteer workers. employees. Councilman Asting said that he felt the employees should get some kind of a Christmas bonus and that possibly some of this money could be used for that purpose and the rest could be used for office supplies. He called attention to the Xerox paper and added that he believed we spent a lot of money on copies. Mr. Frank Opal asked if the money could be used for the pension plan. Mayor Christy said that he had checked on this with the auditors and that is an on-going plan for a long period of time which means we could not use these funds for that purpose. Councilman Rotundo said that he felt we should give the employees a $50 bonus and use the balance of the money for office supplies. Councilman Glaser said that he also was in favor of a Christmas bonus and that $50 sounded reasonable. There was a brief discussion concerning other possible alternatives for this money. Councilman Rotundo made a motion to adjourn the Public Hearing Councilman Glaser seconded the motion. The Public Hearing was adjourned. o .. u CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING December 3, 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. Astin~ City Attorney Judson Woods City Clerk Joseph Herget Police Chief Earl Baugh Present Present Present Present Present Excused Present Present INVOCATION There was a silent invocation. SALUTE TO FLAG APPROVAL OF MINUTES November 13, 1979. Councilman Glaser said that he believed that he was the one who made the request to consider holding Council meetings every other week. The minutes stated that Councilman Asting made this request. Councilman Ledbetter made a motion that the Council approve these minutes with the correction. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. November 19, 1979. Councilman Glaser said that on page 4 the next to the last sentence stated that he said the Council could find a better zoning. He meant the Zoning Bo a rd. Councilman Glaser made a motion to approve these minutes. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Asting voted NO due to absence. November 26, 1979. Councilman Glaser said that under the bids on page one the word IIStreetll s h 0 u 1 d be c h a n g e d toll \~ ate r II . I t was the I~ ate r D e pt. t hat wen t 0 u t for bids. Councilman Rotundo made a motion that the Council approve the corrected minutes. Councilman Glaser seconded the motion. Uoon roll call the motion CARRIED 4-1. Councilman Asting voted NO due to absence. Councilman Asting also stated that he believed the minutes of November 12th should be corrected to show that he had stated for the record that he did not wish to serve as coordi,nator of the WjWW Depts. BILLS AND ACCOUNTS Councilman Ledbetter made a motion that the Council approve these bills for payment. Councilman Rotundo seconded the motion. Mayor Christy questioned the bill to Oak Hill. We had to pay Oak Hill to take some of our trash because Mr. Osban's trucks were not workinq. He feels we should deduct this from Mr. Osban1s payment. He suggested the Council put this on next week1s agenda and get the Attorney's opinion. We do not have a written contract for the trash collection. The subject of a pro tem attorney was discussed. meetings in the absence of the regular attorney. 2 Mr. Davis used to attend This will also be brought o ~ up at the next meeting. Upon roll call the motion to pay the bills CARRIED 4-1. Councilman Asting voted NO due to absence. COMMUNICATION The City Clerk read a letter to the Council requesting that the Council authorize the necessary resolution committing the City of Edgewater's portion ($1,019) to the VCOG CPP-208 grant program. The City Clerk said he was requesting this so that the present Council would be aware of this committment and also to give him the authorization to sign the check. Mayor Christy said that this had been approved at a previous Council meeting and he did not see why the Council had to do it allover again. There was a discussion about the necessity for a resolution. Councilman Rotundo made a motion that the Council authorize a resolution committing $1,019 to VCOG as Edgewater's portion of the grant program. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy said that the Council needs to assign someone to attend the Water Quality Advisory Committee meetings. This will be discussed at next week's meeting. The City Clerk read a letter from Mr. James Mackie, Jr. and Mr. Sebastian Siciliano in regard to charges brought by a Councilman that certain Zoning Board members of the Zoning Board were not fully briefed on the sixteen zoning recommendations proposed by the Board for consideration by the Council during the last two joint public hearings. The letter listed each recommended zoning change and noted the Zoning Board meeting when these changes were discussed and voted on. The vote on all these proposed changes was unanimous. The letter also added that in regard to the subject of possible private interests, if no other solution can be found to lift the cloud of suspicion from the Board then there should be an investigation by the State Attorney's office. Mayor Christy also read from some of the Zoning Board minutes in regard to the origin of these proposed zoning changes. Mr. Mackie spoke to the Council concerning the allegations that had been made and said that he felt Councilman Ledbetter owed the Zoning Board a public apology. Councilman Ledbetter said that he had no comment. Councilman Rotundo said that if there is any member who doesn't know what they are doing on the Zoning Board then they should resign. Mayor Christy said that he personally apologized to the Zoning Board. Mr. Opal said that he did not say anything about not knowing what was going on at the Zoning Board meetings. He did say that he would not vote on anything unless the Board had all the necessary information. He had talked to the Council at last week's meeting about the annexation of certain property and that the Board did not have the correct information on this property. Mr. Troian said that as a member of the Zoning Board, he had been briefed thoroughly on every issue that was brought before the Board. He felt that a reckless accusation had been made against the Board Mayor Christy also mentioned Ord. 79-0-6 that deletes the Planning Board from the Zoning Ordinance except for section 700. He will check with Jud on the State Statutes regarding the Planning Board's role in Zoning decisions. 3 o o Mr. Siciliano also spoke to the Council concerning the subject of the recent public hearings on the proposed zoning changes. Councilman Rotundo made a motion that the Council give the Zoning Board a vote of confidence. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Ledbetter abstained from voting. Councilman Glaser said that there was at least an insinuation that some- thing was wrong with the Zoning Board. He wanted to know if the Council was satisfied with the answers to the questions that were raised. Mayor Christy polled the Council. The entire Council indicated that they were satisfied. The City Clerk read a request from the Supervisor of the Street Dept. for authorization to purchase $1,726.20 worth of culvert pipe from the Florida Steel Corp., Tampa, Florida. Councilman Ledbetter made a motion to grant this request. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from Mr. Harold Brown stating that he is resigning from the Planning Board and Industrial Development Advisory Board due to business committments. Councilman Rotundo made a motion that the Council accept this resignation. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter regarding the vacancies on some of the City's Boards. Mayor Christy said that he had a request to appoint Gene Smith to the Industrial Board. Mr. Smith owns a business in Edgewater but is a resident of another city. Councilman Asting said that he believed the Board members should live in the City. The Council agreed. Councilman Asting made a motion to TABLE appointments until next week's~ meeting. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from Thomas and Lois Kane regarding an outstanding water bill that the Kane's do not feel is their obligation. The amount of the bill is $82.30. They would like this written off as an uncollectable debt. Mayor Christy said that the City Attorney had requested that this be TABLED until the Attorney has a chance to talk with Mr. and Mrs. Kane. Mrs. Kane told the Council that the Attorney has had this information since August and nothing has been done about it. She did not want the Council to TABLE it. Councilman Asting made a motion that the Council give the Kane's relief on this bill and write off the $82.30 as uncollectable. Councilman Rotundo seconded the motion. Councilman Glaser said that the City should at least write off whatever part of the bill that they might be accountable for because action was not taken sooner on this problem. Mayor Christy apologized to the Kane's for having to wait so long for an answer. Upon roll call the motion to write off the bill CARRIED 5-0. 4 o ~ The City Clerk read a letter from the Board of Adjustment requesting that the Council grant a Special Exception to Mr. William Aikens to operate a used car business on N. Ridgewood Ave. This is the same property where Mr. Rickleman was granted a Special Exception to operate a used car lot. Mr. Rickleman sold the business to Mr. Aikens but the Resolution for a Special Exception was not transferrable. Mr. Aikens has accepted the same conditions that were placed on the operation of the other used car business. Councilman Asting made a motion that the Council grant the Special Exception and authorize the necessary resolution. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Rotundo said that we should make sure that the buffer zone condition is enforced. The City Clerk read a letter from Magnuson Corp. requesting the vacating of an alley in Florida.Shores. Mayor Christy said that he would like to have this TABLED until the Attorney is present. Councilman Ledbetter made a motion to TABLE this request until the Council receives an opinion from the City Attorney. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from the Edgewater School Patrol requesting a donation of $500 from the City Council to help send the school patrol students to Washington, D.C. Councilman Asting made a motion that the Council donate $500 and take the money from the Parks and Recreation Fund. Councilman Rotundo seconded the motion. The City Clerk said that there were not sufficient funds in that department. Councilman Asting withdrew his motion. Councilman Rotundo withdrew his second. Councilman Asting made a motion to donate $500 to the Edgewater School Patrol for their trip to Washington, D.C. The money should come from Council funds. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a memo from the Police Chief requesting Council authorization to close 16th St. between Mango and Orange Tree. The Chief feels that this would provide extra safety and protection for the school children who use this route. There was some discussion whether or not a public hearing would be necessary. Councilman Rotundo made a motion that the Council authorize the closing of 16th St. between Mango and Orange Tree if the City Attorney says that this can be done without a public hearing. Councilman Glaser seconded the motion. Mr. Walter Gross said that the City should put reflectors there to prevent accidents. Upon roll call the motion CARRIED 5-0. The Council considered an application for a Home Occupation License from Larry Loeffler, 1507 Monroe Drive for an electrical contracting business. Mr. Loeffler told the Council that this phone would be an answering service. His business address is 1505 S. Ridgewood in Edgewater. Councilman Asting made a motion that the Council grant this license. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy called a short recess. 5 o u Mayor Christy called the meeting back to order. COORDINATORS REPORTS Councilman Rotundo said that the Chief would like permission to purchase a new typewriter with Federal Revenue monies. The City Clerk said that this had been appropriated and can be paid from Federal Revenue money, if the Council authorizes the purchase at this time. Councilman Rotundo made a motion that the Council authorize the purchase of one typewriter for the Police Dept. from Federal Revenue Funds. Councilman Ledbetter seconded the motion. Uoon roll call the motion CARRIED 5-0. ' Councilman Ledbetter - No report. Councilman Glaser - No report. Councilman Asting No report. However, he did want to know if the Council had approved the purchase of the recording devices for the Water Dept. and the used truck. The Council approved these purchases last week. Mayor Christy told the Council that DBCC wanted to open some classes in Edgewater. They would need to have the use of some building in which to hold these classes. There would be no charge to Edgewater residents. These classes would be primarily instruction classes in such things as ceramics, cooking, tennis, handball, etc. If anyone is interested in doing any instructing they should contact the Mayor. Mayor Christy also talked about renting barricades as opposed to building our own barricades. We could make our own and save money. No action was taken on this suggestion. Mayor Christy also talked about getting someone to dig out the shell to be used to improve the roads in Florida Shores. There is a possibility that we could get someone to do this for us for about 60~ a yard. He is also checking on material for roads and will give a report next week to the Council. Mayor Christy also told the Council that due to the fact that Christmas Eve and New Year's Eve both fall on a Monday night there would be no Council meetings on those Monday nights. However, he wanted the Council to hold a Special meeting on Dec. 21, 1979 for the purpose of considering the police car bids and approving the bills and accounts. He would also li k e the Co u n c i 1 to h old an 0 the r me e tin g 0 n 0 e Cl'. 28 for the pur p 0 s e 0 f approving the bills and accounts. If it is agreeable with the Council, he would like to have these meetings at 1:00 P.M. Councilman Asting made a motion that the Council authorize meetings on December 21 and 28 at 1:00 P.M. in City Hall. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. RESOLUTIONS The City Clerk read Resolution No. 79-R-115. A RESOLUTION APPOINTING LOIS KANE TO THE EDGEWATER BOARD OF ADJUSTMENT OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. It was~pointed out "the resolution stated that it was the City of New Smyrna Beach. This should be changed to City of Edgewater. Councilman Ledbetter made a motion that the Council adopt the corrected resolution. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. ORDINANCES None 6 I I . o Q OLD BUSINESS Can Tex Unit Kevin Bosse, Supervisor of the Wastewater Dept. spoke to the Council concerning the Can-Tex unit. The unit is still out of plumb and has become increasingly noisy during operation. The unit was presumed to be fixed properly a few months ago but it has begun to make an almost continuous grinding sound and there are times that even the railings at the plant start shaking. The last time work was done on this unit, the question was raised about new parts for the unit. Mr. Bosse said that he was told, verbally, that the company would not have any new parts only the same kind of parts presently being used in the unit. Councilman Rotundo asked what would happen if this unit broke. Mr. Bosse said that the wastewater plant would be out of business. Councilman Asting said that BWA had prepared a backup system that had been approved by the DER. This system should be made operational. Mr. Bosse said that we would have to get estimates on the cost of the backup system. Councilman Rotundo said that McMahon Construction should fix this unit. I 1 I Councilman Asting said that the Council would have to go through the engineers to get work done on the unit. Mayor Christy said that as soon as Mr. Bosse got estimates on the cost of a backup system he will call a Special Meeting of the Council. Changing 26th St. to a through St. Chief Baugh requested that the Council postpone discussion on this subject until he has had a chance to check with the Fire Chief and E.V.E.R. regarding this proposed street change. He will get information and bring it back to the Council as soon as possible. Coordinator System Councilman Glaser wanted to know if the Council wished to continue the present Coordinator System or do away with it. Councilman Rotundo said that it should be left the way it is. Councilman Astin~ said that we might be in violation of the City Charter because there were two departments that did not have a coordinator. He wants an opinion on this from the City Attorney. Associated Marketing Contract Councilman Rotundo made a motion to TABLE this. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. AUDIENCE MISCELLANEOUS Mr. Witzig spoke to the Council in favor of hiring a City Manager instead of continuing the coordinator system. NEW BUSINESS Action on Public Hearing Councilman Rotuneo made a motion that the Council authorize the appropriation of Anti-Recession funds for a $50 Christmas bonus for each employee and the balance of the $6,794.13 will be appropriated for office supplies. Councilman Glaser seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Asting abstained from voting. 7 o d Liability Insurance The City Clerk said that the present liability policy with Caton Insurance was written for a three year period and expires in December 1980. The Council discussed going out for bids to see if the City could save some money on liability insurance. Councilman Rotundo made a motion that the Council authorize Clerk to go out for bids for liability insurance using Risk specifications. Councilman Ledbetter seconded the motion. call the motion CARRIED 5-0. the City Management Upon roll The Council agreed that the bids should be back by January 11, 1980. Councilman Asting made a motion to adjourn the meeting. Councilman Ledbetter seconded the motion. The meeting was adjourned. Minutes submitted by: Nancy Blazi ~~~ Mayor ~ - ,---PZ~ /~ - ([Lp)ta~ Councilman" ~ ...... u),"'B.G JI.~~"- Councilman ~ ~k Counci 1 an ..., --,-fA ATTEST: i1{~ A p pro v e d t his I () 7/1 day 0 f December, 1979. /' 8 /