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04-18-1977 - Regular Q (J CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD April 18, 1977 Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater, Florida to order Monday, April 18, 1977 at 7:30 P.M. ROLL CALL Mayor Dana T. Armstrong Councilwoman Ryta F. Webber Councilman Henry C. Riggs Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney Judson I. Woods City Clerk Sue Blackwell Police Chief Earl Baugh Present Excused Present Present Present Present Present Present INVOCATION: SALUTE TO FLAG: APPROVAL OF MINUTES: Councilman Sikes made a motion to approve the minutes of the meeting held April 11, 1977, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 4-0. BILLS AND ACCOUNTS: Mayor Armstrong read the amount of the bills in the General Fund account, and asked for any questions. Councilman Dietz made a motion to pay the bills, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 4-0. Mayor Armstrong read the amount of the bills in the Water and Sewer account, and asked for any questions. Councilman Dietz made a motion to pay the bills, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 4-0. COMMUNICATIONS: The City Clerk read the General Fund Budget Report. The City Clerk stated that next is a letter from Mrs. Gross, and she stated that she will apologize because she does not know whose fault it was. This letter was in the Council's mailboxes last Friday when she was off, but it was not discussed. She read the letter to the Council. The Library Board is requesting a projector and screen, and asked the Council to consider this when planning for the use of the Federal Revenue money. Councilman Dietz stated that since we just read the budget report and the fact that it is a little exceeded, this is an item that we should table for the time being, and if we do see that we have the money in the budget, then all right. Q o Mayor Armstrong suggested that we look over the situation thirty days from now and decide on this then. He instructed the City Clerk to contact Mrs. Gross and let her know that we will go over this again in thirty days. Councilman Dietz made a motion that we table this until our May budget report comes out, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 4-0. The City Clerk stated that the next letter is from Mr. E. Stallings Howell, Project Manager, Water Division of the Florida Section of the infiltration/ inflow analysis program that we are under. There are two pages of their comments if anyone wishes to come to City Hall and read them. The City Clerk stated that Russel & Axon are having the 201 Facilities Plan which will be discussed on Thursday,April 21st at 2:00 in the conference room of the New Smyrna Beach Utilities Commission Building, New Smyrna Beach. Mayor Armstrong stated that he could report further from the report he has through VCOG on the 208 Water Quality Program. The test has been made. He stated that the test that was taken here was not so bad. Councilman Dietz stated that this is the 201 Program, which has to do with the infiltration into the sewer lines. He stated that he will not be able to attend this meeting, so if one of the other Council members will attend he would appreciate it. Councilman Sikes and Councilman Riggs both stated that they would not be able to attend, therefore Mayor Armstrong stated that he will. The City Clerk read a letter from Gordon Currie, Chairman, VCOG Charter & By-Laws Review Committee, with a copy of the revised by-laws, asking that the City mail their comments to Mr. Currie. Mayor Armstrong stated that this was changed around after the meetings. He explained that the purpose of changing the by-laws was for two purposes. One was to allow that all the governing body belonging to VCOG could have a pro tem vote in the absence of the mayor. The second one was that Mr. Bruce Briggs or nobody from his staff would have the right to file any objection to any agency without first giving the party in question the opportunity to have a hearing before the VCOG could clear up whatever the objection was for. These two things were vitally important to the by-laws. He has had several complaints that the changes that have now been made in the by-laws is going to give the Volusia County Council the complete say so over the VCOG if adopted. He asked that each Council member go over these and state any objections that you may have to our City Clerk. Councilman Dietz stated that we should go back to the Russell & Axon 201 meeting, and he made a motion that the Mayor be authorized to go to this meeting in his place, so he can put in his bill for attending the meeting, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 4-0. AUDIENCE MISCELLANEOUS: Mr. Walls was given the floor. He asked if he could speak to the Council about the computer that they are considering. He stated that for the past 25 years he has been associated with Punch Card Accounting Machines and Computers, he has managed, designed systems to fit programs, made feasible studies and in- stalled many computers. The City could and should utilize the computer in its every day operation of business. May Zima would be the most logical people to write the program because they know what you business is. He questions whether the Nova 210 computer will do the job for the City five years from now. The City should have complete control of the program. He explained that this is a danger involved with May Zima, because if we ever fire them as our accoun- tants, then they can walk off with the program. Tape lB -2- o Q He explained some of the operations of the computer. He stated that the City should consider some type of a backup in the event of a failure in the machine's operation. The training of the operators operating this equipment must include the knowledge of the system to the extent that they will recognize an operator's error or the machine or system failure. You must know how much expansion capability the computer has. He added that you should know what you are getting into and what you are getting for your money. You can get stung if you don't be careful. He stated that he would be glad to answer any questions about the computer systems. Councilman Dietz told Mr. Walls what May Zima has proposed to the City, and explained that the auditing firm of May Zima is not tied in with the computers. He stated that we have checked this out against Burroughs, NCR, and Honeywell. Everyone of them is the same,you do not buy the program. If we hired our own programer and programed our own machine what would we do about service. There was more discussion about this with Mr. Walls. Mr. McCallister was given the floor. He explained that the Planning Board has been operating fairly successfully for the last six months. He believes that they are going to start needing some kind of funding, and they also need a phone to work with. He explained that the board needs a room to work in, because they would like to have the opportunity to leave maps out and perhaps leave their books without not finding them when they come back. Mayor Armstrong asked if he is talking about a room for a temporary time or from now on? Mr. McCallister stated that he feels that Planning is going to go forward for us, not turn back. There was discussion about the Federal Revenue Sharing monies or grant monies being used for this. Mayor Armstrong stated that the City will have to fund this themselves. Councilman Dietz explained that have to get these people facilitated and get them a place to work, and next years' budget should have an appropriation for them, but in the mean time we have to have interim monies for them which we are going to have to take out of Emergency and Contingency. Mayor Armstrong stated that we have a 6'X 18' room between the Mayor's office and the City Clerk's office. It the Council would concur with the moving of the petition, we could make them a 10' X 18' room between the Mayor's office and the City Clerk's office. Councilman Dietz explained that there will be many joint meetings to be held, and they need a room big enough to start with. Mr. McCallister again spoke that they need some funding for the map. He stated that he is not sure but he feels it will cost between $200 and $300 to get a local draftsman to take careof this. Councilman Dietz stated that he feels that we should fund this immediately. He added that he spoke with Mr. Sakorsky, and he said it would be to our benefit to get this base map and the land use map done as soon as possible. Councilman Dietz made a motion that the Council set $500 out of Emergency and Contingency as the amount that the City Clerk would be authorized to spend for the hiring of a draftsman to set up the base plan and also the equipment and materials that they need, being seconded by Councilman Riggs. Tape 2 A Upon roll call vote said motion CARRIED, 4-0. -3- o o RESOLUTI ONS : RES. NO. 711 A RESOLUTION APPROVING THE RECOMMENDATION OF THE BOARD OF ADJUSTMENTS OF THE CITY OF EDGEWATER, FLORIDA, REGARDING A VARIANCE FOR CERTAIN DESCRIBED PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read this resolution in regard to Mr. Bresnahan's variance in full. Councilman Dietz made a motion to adopt the Resolution, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 4-0. RES. NO. 712 A RESOLUTION APPROVING THE RECOMMENDATION OF THE BOARD OF ADJUSTMENTS OF THE CITY OF EDGEWATER, FLORIDA, REGARDING A VARIANCE FOR CERTAIN DESCRIBED PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read this resolution in regard to Mr. Palmer's variance in full. Councilman Sikes made a motion to adopt the Resolution, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 4-0. Councilman Sikes stated that when we get these recommendations from the Board of Adjustments he would like to get the vote, because it might make a difference in whether the Council votes on it right away or looks into it more. RES. NO. 713 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA APPOINTING COUNCILWOMAN, RYTA WEBBER AS AN ALTERNATE VOTING MEMBER OF THE VOLUSIA COUNCIL OF GOVERNMENTS, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read this resolution in full. Councilman Dietz made a motion to adopt this Resolution and to send a copy to VCOG, being seconded by Councilman Sikes. Mayor Armstrong stated that he has no objection as far as having a member of the Council appointed as a representative to the VCOG when we adopt the by- laws. Councilman Dietz stated that he feels that the by-laws are going to be adopted, and the present by-laws state that the Mayor has the right to designate an alternate. Upon roll call vote said motion CARRIED, 4-0. RES. NO. 714 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA ACCEPTING THE BID OF DITCH-WITCH OF FLORIDA, INC. FOR THE AMOUNT OF $15,500.00 FOR THE PURPOSE OF A DITCH-WITCH AND ACCESSORY EQUIPMENT TO BE USED BY THE WATER AND SEWER DEPARTMENT OF THE CITY OF EDGEWATER, FLORIDA, REJECTING ALL OTHER BIDS AND DESIGNATING THE FUND FROM WHICH THE MONIES ARE TO BE PAID FOR THE PURCHASE OF THE DITCH-WITCH AND ACCESSORIES, AUTHORIZING THE MAYOR AND THE CITY CLERK TO ENTER INTO A CONTRACT WITH DITCH-WITCH OF FLORIDA, INC. FOR THE PURCHASE OF SAID DITCH-WITCH AND ACCESSORIES, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read the resolution in full. Attorney Dietz made a motion to adopt this Resolution, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 3-1. Mayor Armstrong voting NO. -4- o o ORDINANCES: ORD. NO. 970 AN ORDINANCE REPEALING ORDINANCES NO. 940 AND 942 OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read the second reading of this Ordinance by title only. Councilman Riggs made a motion to adopt the Ordinance, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 4-0. ORD. NO. 971 AN ORDINANCE AMENDING ARTICLE IV, SECTION 400.01 OF ORDINANCE NO. 880 OF THE CITY OF EDGEWATER, FLORIDA PERTAINING TO. NON-CONFORMING LOTS OF RECORD, REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read the second reading of this Ordinance by title only. Councilman Dietz made a motion to adopt the Ordinance, being seconded by Councilman Sikes. Mrs. Murphy stated to the Council that she feels that this Ordinance might give us as much trouble as the other three. The term subdivision is used, and there is no definition of subdivision in the Ordinance. She said this is going to open up a lot of problems, she gave an example in Highland Shores and stated that the people are very upset about the congestion that is going to take place. She added that she wishes these people were here tonight because they are going to go to a meeting of the Board of Adjustments on Thursday night and they won1t even need to because if this Ordinance passes, they won't need a variance. Mayor Armstrong stated that the language in this Ordinance was discussed at a Public Hearing held here on February 28th and it was debated on the floor, we had public input and Council input. He said that he can understand the things that she is just bringing before the Council, but he is not too con- cerned with the language. Mrs. Murphy and Mayor Armstrong discussed the situation in Highland Shores that exists right now. She explained again that she just wants the Council to know what is coming up. Mayor Armstrong stated that if 60% or 65% of the lots are not built on, it will require a variance. Upon roll call vote on the previous motion, said motion CARRIED, 4-0. OLD BUSINESS: Councilman Dietz stated that last week it was brought up that we have been changing some meters. We had them checked and we found out that we are losing about 10% on some of these meters, 20% on some of them we had one that someone was actually paying too much which is against the law. We are allowed 3% by the State, and this person was over 6%, which is a vio- lation of the law. He said that we would like to put in 48 new meters a month. We are losing about $550 a month on water alone, which is actually more for those who have sewer also. He added that this has to be corrected, so they would like to work for the next three months changing these meters and they will give an exact figure as to what exactly this is costing the City. He added that this money can be taken out of Capital Improvements or Renewal and Replacement. The only difference is if we take it out of Renewal and Replacement we will have to replace it. Councilman Sikes asked the cost of the new meters? Councilman Dietz stated that the new meters cost $24.75 each and we get $3.95 back on the old ones. These new meters are guaranteed for fifteen years. If we find out that this is feasible what we want to do is go through and change about 800 meters and they will be checked every five years. If we find any discrepancy in the meters all we will have as far as expense at that time will be the labor involved in changing the meter. -5- o o Tape 28 Councilman Dietz made a motion that the Council approve the purchase of 48 meters a month for theperiod of April, May and June for the switching of old meters and putting in new meters to replace them and having the old meters checked out to see how we stand on the program. Councilman Dietz answered some more questions from the Council and the audience about this. Mayor Armstrong stated that we have a motion on tthe floor and we are talking about it, but we don't have a second. Councilman Sikes stated that he will second the motion so that we can dis- cuss it. Mr. Opal spoke to the Council about the things that have gone out of wack like in this past year. Councilman Dietz explained further about how this situation has come about, and that it will pay for itself in the long run. He said that eventually we would like to change 800 meters, but right now we are only asking for 150 to set a program up? Councilman Riggs asked why we don't start with about 50 and see where we should go from there. Councilman Dietz stated that this is what we are going to do, we want to do it on a three month period. Mayor Armstrong stated that it will cost $3,552 for 144 meters for the three months. Councilman Dietz stated that it would not be that much because we are going to get $3.75 back for the old meters. There were more comments from the audience. Upon roll call vote said motion CARRIED, 3-1. Mayor Armstrong voting NO. Councilman Dietz asked Mayor Armstrong if he has an alternate plan that he would like to put into effect? Mayor Armstrong stated no he doesn't. He just thinks that the loss that you are talking about is not going to amount to what is going to be spent. He believes that when you put in the new meters you will still have the loss. Mayor Armstrong stated that the next thing to discuss is the development fees. Councilman Dietz stated that we have a problem with the Ordinance. It states that the only people who have to pay the impact fee are the ones who are in the process of building a new home and taking out permits. When we take the lines past an old home that has already been there, then they do not have to pay the impact fee. Attorney Woods stated that he does not think that there is any question about what the impact fee is suppose to do and that is to hit people building new homes, not people with existing homes. He doesn't think there is any question about this, and he doesn't think that we need a change in the Ordinance. You have a connection fee.. Councilman Dietz stated that this was not the intent of the Ordinance when it was drawn up. It was the intent of the Ordinance that everybody, regardless of how old their home was or how long it has been there would pay the impact fee. Attorney Woods stated that he is not sure that we can do that. There is no question about an impact fee being legal, but he doesn't think that this is in regard to existing houses. Councilman Dietz stated that we should look into this, because it is going to cost us $3200. -6- o o Mayor Armstrong stated that he is going to have to agree with the attorney. His understanding of it was to catch the man who was going to make a killing in building a lot of houses and who was creating a ternfic load on the system without giving the City funds to keep up with the time and increase the size and capacity of the plant and so on. Attorney Woods stated that he does not believe he would be able to defend the City in court on this. Councilman Dietz explained that this Ordinance was changed, and the original intent was that it should be this way. Attorney Woods stated that he will look into this, but he does not think that he can draw up an Ordinance to make the impact fee apply where you have existing houses. Councilman Dietz stated that we have another item that was discussed last week on the fire hydrants. We need 18 immediately and can use 26. We have this ready to go out for bids if the Council will make up their minds as to how many they want. There was discussion about this and going out for bids on it. Councilman Dietz stated that it is up to the entire Council, since the City is going to share in the expense. Mayor Armstrong stated that it costs General Government $50 per plug per year rental for these plugs. He suggested that we get a unit price on 6, 12 or 18 plugs. Tape 3A Councilman Dietz asked why don't we ask for 30, the more we buy the cheaper we will get them. He explained that the law says that we have to put in these plugs. After further discussion, Councilman Dietz made a motion that we advertise for bids on 20 fire hydrants for the City of Edgewater on the unit price, specifications to be picked up from the City Clerk, bids to be back May 23, 1977 at 4:00, being seconded by Councilman Sikes. Mayor Armstrong asked Councilman Dietz how close we set the 17 plugs that we set? Councilman Dietz stated that they are set in such a way that they will be 600 feet between. No house will be more than 600 feet from a fire plug. Councilman Dietz answered some questions from the Mayor about the 17 plugs that have recently been put in. Upon roll call vote on the previous motion, said motion CARRIED, 4-0. Mayor Armstrong stated that it looks like Briley, Wild wants some more money. Mrs. Negedly spoke to the Council that before they go to New Business, what about the business about the sign on Ocean Avenue; this should be under Old Business. She stated that last week the Council said that they would let her know and she has heard nothing definite yet. Mayor Armstrong stated that it was his understanding that we would go ahead and put the sign up. Mrs. Negedly asked if it is in the process of being done? Mayor Armstrong stated that he was going to ask Mr. Dietz what is being done? Councilman Riggs asked if he should go ahead and put the sign in? Mayor Armstrong stated that he thinks the best thing to do is to let Mr. Riggs have Everett go ahead and put the sign up. There was discussion about this. Councilman Riggs stated that he will look into getting this done. He also said that he will talk with the Marine Patrol about whether it is even legal to swim in this area at all. -7- o o NEW BUSINESS: Mayor Armstrong stated that we have a bill from Briley, Wild in the amount of $4,191.65 for the months of February, March and April. The City Clerk explained that she wants the o.k. so that the Mayor can sign it and we can send it to Mr. McGough, because we are suppose to be ready to close that loan out one month from today. Councilman Dietz stated that he wants to bring the Council up to date. We have about fifteen things at the plant that are not right, and we do not want to finalize this job until it is all taken care of. He has talked to Mr. Fernandez about this, and he agrees. As far as going ahead and sending this in for Mc Gough's approval, he will go along with, but when the approval comes back he hopes that the Council will not accept or finalize this loan in any such way until all of these discrepancies are taken care of. Councilman Dietz made a motion that we go ahead and send this in for Mr. Mc Gough's approval, but that when it comes back that the Council will hold up until we get the finalization from Mr. Kuyk and Mr. Fernandez from Briley, Wild and Associates, being seconded by Councilman Riggs. Councilman Sikes asked by holding back Briley, Wild's bill, how is this going to effect MacMahan? Councilman Dietz stated that if Briley, Wild does not get their money, they will see to it that MacMahan gets the job done. Mayor Armstrong stated that it was his understanding that Briley, Wild made an inspection over there and approved it, and any problems we have are the manufacturers problem. Councilman Dietz stated that the day these men went over there they were more concerned with the appearance of the place, but Mr. Strang and Mr. Kuyk will have to go through these things step by step, and MacMahan will have to make the corrections. Upon roll call vote said motion CARRIED, 4-0. MISCELLANEOUS: Councilman Dietz stated that he is going to be gone for a while, and in his absence he would like to have Mrs. Webber work as coordinator with Mr. Kuyk, and any problems that he may have to bring up to the Council. He added that she offered her services. He stated that he is making this into a motion, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 4-0. Councilman Sikes stated that he thinks that in order to make it a matter of record, he would like for the Fire Department to approve of our locations for these fire hydrants. Councilman Dietz stated that there is a certain amount of limitation there, because the only place you can put a fire hydrant is on a six inch line, wherever the six inch line is. Councilman Sikes stated that we don't know the location of those hydrants other than they will be on 17th Street. Councilman Dietz stated that every block will have a fire hydrant. He des- cribed the area, and the location of the hydrants. Mayor Armstrong stated that he has a question for the Chief. He asked if the Chief had any knowledge of the Fire Department and the Police Depart- ment running a mile and a half south in the north bound lane on 195 south of 44, checking a fire? Chief Baugh stated that they had a request from the Sheriff's Department to go out there and check on a fire. They did not have a unit in the area. -8- o o Mayor Armstrong stated that he is not concerned about them going, but what concerned him was their running against the current of traffic. Chief Baugh stated that the reason they did that was to get the fire truck there. The traffic was stopped at the time they did this. Councilman Riggs stated that the traffic was blocked off by the Sheriff's Department in order to allow the fire truck to get there. ADJOURNMENT: Councilman Riggs made a motion to adjourn, being seconded by Councilman Sikes. Said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler J;--~ ? a~"J'- u:-<::, Mayor ~ cou~rf;n 7. 9u~ ~ ~ jL~ ATTEST: c~~~ Councilman Approved this day of April, 1977. ~ !;;~-=- y az-?~~ ~ Ma or - -9- , . o GENERAL FUND: City of Edgewater Gen. Fund Paul W. Smith News & Observer la rry Gi bson Joseph McEver Dennis Warren Florida Power & light City of Edgewater WW & SS Southern Bell R.E. Morris Eckerd1s Orlando Paving Company Scotty's State Tractor & Equipment City Auto Supply J.J. Vaughn Ford-Mercury Baron Printers Beach Motor Parts WATER AND WASTEWATER: City of Edgewater WW & SS Southern Bell American Hardware Kent Meter Sales, Inc. Sav-On Utility Supplies Flamingo Springs Water Co. Jaylor for Tires Edgewater Mfg. Co. A-l Rent All Deland Equipment Company Vol usia Seed & Feed National Chemsearch Case Power & Equipment o BIllS AND ACCOUNTS Apri 1 18, 1977 Petty Cash Com. Ctr. legal ad Street P.O. P.O. Street lites, Traffic light City Hall, Shuflbrd., Com. Ctr. Fire, Street Street P.O. Street Street landfi 11 P.O., Street Street Building Official Street 21.30 45.00 7.20 28.17 21.26 12.15 2,148.55 55.15 11 3 . 56 18.58 28.43 58.08 83.34 278.15 187 .62 36.97 18.50 53.55 3,215.56 Water Water Water and Wastewater Water Water Wastewater Water Water Wastewater \~astewater Wastewater Wastewater Water 5.50 55.28 256.31 592.80 66.40 7.20 5.00 2.50 32.50 17.05 17.00 973.38 864.50 2,895.42