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04-04-1977 - Regular ~ o u CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD April 4, 1977 Vice Mayor Dietz called the regular meeting of the City Council of the City of Edgewater to order Monday, April 4, 1977 at 7:30 P.M. ROLL CALL: Mayor Dana T. Armstrong Councilwoman Ryta F. Webber Councilman Henry C. Riggs Councilman Walter B. Sikes Vice Mayor Calvin R. Dietz City Attorney Judson I. Woods City Clerk Sue Blackwell Police Chief Earl Baugh Excused Present Present Present Present Present Present Present INVOCATION: SALUTE TO FLAG: APPROVAL OF MINUTES: Councilman Sikes stated that there are two corrections to be made to the minutes. One being on page 2, roll call vote passed 3 to 1 not 4 to 1, and on page 5, it was Mr. John Gross, not Mr. Walter Gross. Councilman Sikes made a motion to accept the minutes as corrected, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0. BILLS AND ACCOUNTS: Vice Mayor Dietz asked for any questions on the bills in the General Fund account. The City Clerk answered some questions in regard to the bills. There remained some question about the bill from Case Power & Equipment. The City Clerk stated that she will look into this. There was some discussion about the pipe which the City is getting from Maule Industries. It was decided that this bill be held until some investigation can be made. Councilman Sikes asked about the pipe being damaged when we moved it? He asked if we moved the pipe or if it is where Maule unloaded it? Councilman Riggs stated that the pipe is in the condition it was in when Maule loaded it. The City Clerk answered other various questions on the bills. Councilman Riggs made a motion to pay the bills with the exception of the bill from Maule Industries, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0. o u Vice Mayor Dietz asked for questions on the bills for the Water and Wastewater account. He answered various questions about these bills. Councilwoman Webber made a motion to pay the bills in the Water and Wastewater account, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 4-0. COMMUNICATIONS: The City Clerk read a letter from Judson I. Woods, Jr., stating that he will accept the position of City Attorney of Edgewater upon the same terms and conditions that William Gillespie was employed. The City Clerk read a letter from Roger L. Berry, stating that he would be happy to represent the City on the same conditions also that William Gillespie was employed. . Councilman Sikes made a motion that we hire Mr. Judson I. Woods, Jr. as our City Attorney at a retainer fee of $250.00 a month plus $40.00 per hour, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0. Vice Mayor Dietz stated that a Resolution should be drawn up for our next meeting making this official. Vice Mayor Dietz stated that there will be a VCOG - VCATS meeting on April 6, 1977 at 1 :30 P.M. He added that he thinks that it would be in order to have Mrs. Webber attend this meeting because she is our representative and is doing a good job. There was some discussion about this. Councilwoman Webber stated that if Mayor Armstrong isn't at the meeting we will not have a vote. Councilman Sikes made a motion that in the event that Mr. Armstrong can not represent the City of Edgewater at the VCATS meeting, that Mrs. Webber be appointed as an alternate, and that VCATS be advised of such appointment, being seconded by Councilman Riggs. Tape lB Mrs. Murphy asked some questions about the duel representation at these meetings, and whether a written report is made by the alternate to justify the pay that they get. She stated that she has been told that the accounts need a written report from the people to justify the money that they are paid. Vice Mayor Dietz stated that maybe some Cities require this, but our City does not. Councilman Sikes stated that three of the Council members of New Smyrna Beach attended the meeting on the 23rd of March. Upon roll call on the motion, said motion CARRIED, 4-0. Vice Mayor Dietz stated that we should make a motion that the Mayor also attend this meeting because if you read the Ordinance, in order for the Mayor to get paid he has to have permission from the Council to go. Councilman Sikes made a motion that the Mayor attend this meeting, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0. The City Clerk stated that we received a notice from the Department of Environmental Regulation that as of May 1 there must be two feet of final cover, graded and slopped to 2% to prevent puddling and draining out at the landfill. -2- o o Vice Mayor Dietz recommended that this letter be given to Mr. Riggs for him to take care of. Councilman Riggs stated that he already has complied with this. He answered several questions about this. The City Clerk read a letter from Lilian Beutel in regard to paving Guava Street. Councilman Riggs stated that he would like to find a way to appropriate some money so we can get some paving done. Vice Mayor Dietz again stated that this letter should be referred to Mr. Riggs, so he can answer it. The City Clerk read a report from Charles Murphy, Building Official, together with the bill in the amount of $2,636.60. Councilman Sikes made a motion to pay the bill submitted by the Building Official, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 4-0. The City Clerk read a letter from Briley, Wild and Associates in regard to the Sewage Treatment Plant expansion. The letter states that they concur with the request of McMahan Construction Company in regard to their request for the return of their Builders Risk Insurance Policy. Councilman Sikes asked if we should get something from Fr. H.A. that they concur with our engineers. Vice Mayor Dietz stated that if we are satisfied, they are satisfied. He said that he and the Mayor met with the men from Fr.H.A. and they told the Mayor that this is strictly a policy of the City, and the City would be the deciding factor. The Mayor asked Briley, Wild to submit this letter. There was more discussion about this. Councilman Sikes made a motion that we return the Builders Risk Policy to McMahan Construction Company upon our having a binder in our files, being seconded by Councilman Riggs. The City Clerk was instructed to have all of the information ready for the insurance coverage by next week's meeting. Upon roll call on the motion, said motion CARRIED, 4-0. AUDIENCE MISCELLANEOUS: Mr. Taylor asked Vice Mayor Dietz if he stated that he and the Mayor met with the engineers? Vice Mayor Dietz stated that they met with Mr. McGough, Mr. Kuyk, Mr. Fernandez and if you are thinking about the Sunshine Law, it is not a violation because they did not legislate in any way. Mr. Taylor stated that when two or more Councilmembers meet, a written report should be filed at once. Vice Mayor Deitz stated that the law says for the intent to legislate, and we did not legislate because we were there strictly to hear the laws governing the closing of this deal. He added that the entire Council was informed at our last meeting that Mr. McGough would be here the following morning, and that the Mayor and Mr. Dietz would meet with him. He stated that you do have the right to go to the State's Attorney and file a complaint if he so wishes. -3- o o RESOLUTIONS: None ORDINANCES: Vice Mayor Dietz stated that we have two Ordinances for the first reading: ORD. NO. 972 AN ORDINANCE AMENDING ARTICLE II SECTION 200 OF ORDINANCE NO. 880 OF THE CITY OF EDGEWATER, FLORIDA BY REDEFINING THE DEFINITION OF IIHOME OCCUPA- TIONII, REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read the Ordinance in full. Councilwoman Webber made a motion to adopt this Ordinance, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 4-0. ORD. NO. 973 AN ORDINANCE AMENDING ORDINANCE NO. 880, PROVIDING FOR THE REZONING OF CERTAIN LOTS IN FLORIDA SHORES SUBDIVISION, EDGEWATER, FLORIDA, FROM ITS EXISTING ZONING CLASSIFICATION OF R-1B TO THE ZONING CLASSIFICATION OF B-2, AND PRO- VIDING FOR AN EFFECTIVE DATE. Attorney Woods read the Ordinance in full. Councilwoman Webber made a motion to adopt this Ordinance, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 4-0. OLD BUSINESS: Vice Mayor Dietz stated that we have a letter from May, Zima and Company in regard to the computer which we talked with him about. He said that he got a copy of the contract, as well as did the rest of the Council. He stated that he does not agree with the contract, but it is up to the Council to make a decision. Councilwoman Webber stated that she feels that there are a number of changes that should be made. Vice Mayor Dietz stated that he spoke with Mr. Cunningham and the paragraph about the computer remaining the property of May, Zima should not be in here. He added that one of our citizens has called numerous companies and they have contacted us indicating that they are interested in bidding on this. He stated that the City Clerk has been talking with some of these companies and we have informed them that they should come up with compatible programs com- parable to something that May, Zima has offered and give us a price. We should have some of these figures on this by next Monday night, and in the meantime we can get this back to May, Zima so that they can amend this con- tract letter. Tape 2A Councilman Sikes stated that sometime back about the 1st of November, the City Clerk called quite a few places about this and told them what our problem was. He stated that it is not quite fair, because the gentleman who made the calls to these companies was at our meeting and he knows the prices that were discussed. He added that if we can get a better deal, fine, but he doesn't think that it puts May, Zima in a comparable position. He is a little upset about why they didn't come to us last November when we called them. He added that he would be interested in what they have to offer. Councilman Sikes made a motion that we table this until next week, because the letter from May, Zima needs to be corrected, where it reads in the first paragraph where it says lIextensionll. -4- o o There was more discussion about the computer system. Councilman Sikes stated that if we can get a better and cheaper program from some other person, than he is all for this, but by sticking with May, Zima, this will cut down our audit bill approximately in 1/3, which will take care of the monthly maintenance charge. Mr. LaHatt, from N.C.R. spoke to the Council about their computer system. There was more discussion about the contract offered by May, Zima and the other programs. Vice Mayor Dietz stated that he feels that we should send the letter back to May, Zima and tell them the changes that we want made and how we feel. There was some question as to whether we have to go out on bids for this. There were some questions from the audience and conversation about this. Councilwoman Webber stated that she will second the motion to table this until next week. Vice Mayor Dietz stated that we should get all of the information from these other companies. Upon roll call vote said motion CARRIED, 4-0. The City Clerk read a certification of bids in answer to an ad in regard to the purchase of a trencher. The City Clerk opened the bids that she received, and read them to the Council. Vice Mayor Dietz stated that he would like to recommend that we table this decision until he and Mr. Kuyk can get together and discuss the bids. Councilman Riggs made a motion to table this until next week, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0. Tape 2B Councilwoman Webber stated that Mr. Sayes of the Department of Community Affairs will come here on April 14th, and so will Mr. Sikorski from the County, to speak to us about the 701 Plan. She stated that if we get the money that we want it will cost us $5,624 for this year's planning, if we do not get it, it will cost us $16,920. She went on to explain further about this planning. Councilman Sikes stated that he has an item that he would like us to check into. When the Edgewater State Bank was granted a variance, he believes there was a limitation timewise on that variance as far as extending the property lines. We should check into this, because that Charter has been denied. He added that they should be advised on this. The City Clerk was instructed to get this straightened out. Vice Mayor Dietz stated that we have to have twenty fire plugs which will cost us about $9,000. He asked if the General Fund wants to buy these and keep the rates at $50 a year or should the Water Department buy them and increase the rental on the plugs? Councilman Riggs asked why the Water Department and General Fund go in together and pay for these and hold this the same as it was? Vice Mayor Dietz stated that this is fine, we can split the cost with the City right down the middle. He suggested that the City Council instruct the City Clerk to advertise for bids on twenty fire plugs. She can get the specifications from Mr. Kuyk. Councilman Sikes asked if we would get a price break if we ordered more? -5- o o There was more discussion about this, Vice Mayor Dietz stated that this is something that has to be done. NEW BUSINESS: The City Clerk read a report from Mr. Robert Christy, Civil Defense Coordinator. A copy of which will be attached to these minutes due to its length. This was a report on the Civil Defense Drill held April 2, 1977. Vice Mayor Dietz stated to Mr. Christy that it looks like he has not done a very good job in instructing these people in what to do. Mr. Christy stated that he can not instruct the people if they don't come to the meetings to listen. \ Vice Mayor Dietz stated that if there is a problem between the Fire Chief and the Police Department, he had better get with Mrs. Webber and have them directed as to how they should react. This should be worked out on a com- patable basis between the Civil Defense and the departments. Mr. Christy stated that he gave out a paper on the operation plans about a year ago to all of the department heads. He explained that a lot of time was put into this plan. He has never had problems before until the last year or so. The only one who gave him any reply was the Police Chief and the Rescue, no one else had the curtiousy to give him a reply. Vice Mayor Dietz stated that the Mayor is the Coordinator for the Civil Defense of the City, and he should be responsible to see that these people do know their jobs and position and what they are to do. He thinks that a letter from Mr. Christy to the Mayor req~esting that these people be in- structed as part of their jobs that they do abide by these rules and what these regulations are going to be, because this is important. He feels that Mr. Christy should work closely with the Mayor. Mr. Christy stated that he has sent letters out, and what more can be done? There was more discussion on the emergency operation plan, and what would be done in certain emergency situations. The City Clerk read a request for expenses to attend school April 11 through 15 at Wildwood on Radiological Defense Instructor workshop. The amount re- quested is $20 per day plus mileage, which totals to less than $125. Councilman Riggs made a motion to send Mr. Christy to this school, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0. Tape 3A Mr. Mackie spoke to the Council, that they were not instructed what to do, and if he is going to be Assistant Coordinator he wants to be told, or he will not be Assistant Coordinator. Vice Mayor Dietz stated to Mr. Christy that they were just told that Mr. Mackie could tell them in the case of an emergency what to do, and if he doesn1t know, how can he tell them? Mr. Christy explained that if he tells everyone what he is going to do before he does it, then you will be prepared. The object of this drill was to find out what all of the departments were going to do. He added that he was not going to bring this up, but since Mr. Mackie brought it up he will continue. Mr. Mackie was informed by Sandy (P.O. dispatcher) to report to the Police Department. He did not report here until after the whole thing was over. He also stated that two years ago with another emergency he was given instructions, and he did not follow the instructions. -6- 1 o o Vice Mayor Dietz stated that the personal grievances should be taken care of between Mr.1Cnristy, Mr. Mackie and the Mayor. He also stated that when a drill like this is going to take place, the City Council is entitled to know whether this is for real or just a drill, because it puts them in a bad position. We do not want a panic situation. Mr. Christy stated that he would like this tabled so that we can discuss it when the Mayor is present. Vice Mayor Dietz asked for a roll call on the previous motion about the school. Upon roll call vote said motion CARRIED, 4-0. Vice Mayor Dietz stated that he wants the Council to realize that we are in dire need of another well. He stated that he has instructed Briley, Wild to procede with the permits from the County and also from the Board of Health, which he hopes we get because if we don't we will be forced to hook up to New Smyrna Beach. He would like the Council to make a motion that we instruct Briley, Wild to give us the specifications and the City Clerk will advertise for bids for installation for a new well and new pump and a water main line to the main system. He added that it will be 1800 feet from the Number 2 well, which is a good position that has been approved by the County and D.E.R. Vice Mayor Dietz answered some questions in regard to this from the other Council members. He stated that he would like a motion that we go ahead and instruct the City Clerk to advertise for bids on the installation of a well and pump and a raw water main line from the well to our present system. Councilman Riggs stated that he will make that a motion, being seconded by Councilman Sikes. Vice Mayor Dietz answered some questions from the audience. Upon roll call vote said motion CARRIED, 4-0. Councilman Riggs spoke to the Council about the Street Department needing a mulching machine. He stated that he has no idea how much a machine like this will cost so he would like to get some bids. After some discussion on this, Councilman Riggs made a motion that we go out for bids on a mulching machine. Councilman Sikes stated that he would like to know how much money we are talking about. He added that he hates to put companies in the position to where they are bidding on something and we know we don't have the money to buy from them. Councilman Riggs stated that he does not know how much it will cost. It was decided that Councilman Riggs should find out more about this, and come back to the Council with some figures. Councilman Riggs withdrew his motion. Mrs. Murphy spoke to the Council about this. She stated that she brought this up two years ago, and she understands that Ormond has this type of equipment and perhaps he could talk with them. -6- 1 o o MISCELLANEOUS: Councilwoman Webber stated that she has had copies made for all of the Council of the 701 Planning application. Vice Mayor Dietz stated that they now have water lines past 16 houses that are not on the water system, and they are going to send a letter to notify all of these people that they will have to connect to the water system. ADJOURNMENT: Councilwoman Webber made a motion to adjourn, being seconded by Councilman Riggs. Said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler ()~ /a-Y-T~ >>1) ~ coun~mYf ~- q;JW -r ATTEST: ~~!rk(5~ ~ Approved this II day of April, 1977 f~/~7 ~~ May r ~ ~ Yk. -7 - I ~ l. ' .. GENERAL FUND: o BILLS AND ACCOUNTS April 4, 1977 Southern Bell City Hall, Fire Florida Power & Light Recreation William Rickelman P.O. News & Observer City Council & Boards General Fund Petty Cash Larry Gibson Street Judson I. Woods City Attorney Harris Builders Of Vo. Library addition Public Safety'Devices E.V.E.R. Goodyear Service P.O. Scotty1s C.D. Beacon Medical C.D., E.V.E.R. Edgewater Electric Recreation New Smyrna Builders Supply E.V.E.R. Kuston Signals, Inc. P.O. Case Power & Equipment Street McRoberts Tires Street Edgewater Tractor & Hydraul ic Street J.J. Vaughn Ford Mercury Street Bennett Truck Equipment Street Maule Industries Street Paving & Improvements WATER AND WASTEWATER: Southern Bell Florida Power & Light City of Edgewater Gen. City of Edgewater Gen. Burroughs Corp. Maule Industries Rinker Moreland Chemicals All State Pipe Supply B & H Sales New Smyrna Builders Supply Perma Craft Quint City Barricade Eagle Army Navy Sieg & Ambachtsheer, Inc. Hall Machine Works Sav-On Util ity Supply Wastewater Wastewater Water and Wastewater Water Dept. Water and Wastewater Wastewater Wastewater and Water Water and Wastewater Water Water Water and Wastewater Wastewater Water Water Water Water Water o 304.71 57.74 150.00 29.08 37.53 28.17 70.00 6,453.52 210.85 64.38 39.87 268.42 691.00 17.75 985.00 I ,042.62 8.00 15.00 207.28 1,722.00 2,465.28 14,868.20 55.20 27.71 8.58 4.96 40.15 242.46 167.67 675.00 127.77 482.76 67. II 81.25 78.45 119.76 200.00 24.00 703.81 3 . 1 06 . 64