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03-28-1977 - Regular o o CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD March 28, 1977 Vice Mayor Dietz called the regular meeting of the City Council of the City of Edgewater to order Monday, March 28, 1977 at 7:30 P.M. ROLL CALL: Mayor Dana T. Armstrong Vice Mayor Calvin R. Dietz Councilwoman Ryta F. Webber Councilman Henry C. Riggs Councilman Walter B. Sikes Acting City Attorney Judson 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 made a motion to approve the minutes with the attachment as submitted from Mrs. Nichols, being seconded by Councilwoman Webber. Councilman Dietz asked the attorney about a statement that was made by Mrs. Murphy, which was typed in the minutes. He said that he denies doing this, and he wants to know if the minutes should be changed, or if it is just to go on record? Attorney Woods stated that whether it is true or not it should stay on record. Councilman Dietz stated that he wants to go on record that he denies it. Mr. Taylor asked a question about the attachment to the minutes. Councilman Dietz read the attachment that Mrs. Nichols requested be attached to the minutes. He explained that we are not changing the minutes, we are just attaching this statement to the minutes. Mr. Gross asked a question about a certified copy of what was said at the Public Hearing. It was explained to him again that the minutes are of the Public Hearing and there is an attachment to the minutes. Mrs. Murphy stated that certain tapes were made of the Public Hearing and have been transcribed and labeled minutes which are being submitted to the City Council for approval. She suggested that a transcript of a Public Hearing to consider the dismissal of a Board of Adjustment member should be considered testimony rather than minutes. She stated that the clerk transcribing the tapes should give a statement word for word and a certification that this is a complete and accurate account of what went on at the meeting. o o Councilman Dietz told Mrs. Murphy if she wants a verbatim transcript of what went on at the meeting, she is privileged to get it, but she will pay for it. The City is not going to pay this cost. Mrs. Murphy stated that this was a Public Hearing. She asked who decides what to leave out and what to put in. There has been selected editing of. those tapes, and she can prove it. It should be close, it should not be a synopsis of some clerk's opinion of what went on. Councilman Dietz stated that the City will not concur this expense. She has the right to have someone transcribe this for her. Mrs. Murphy asked how she can be assured that the tapes are secure? Councilman Dietz stated by law. The law protects all of the citizens and the tapes will be a matter of record. Mrs. Murphy stated that as another matter of record, speaking to Councilman Dietz she stated that he did take her arm, he did put his hand over her mouth and he did tell her to go home and keep it closed. Councilman Dietz stated that he denied that, it is her word against his. He said that he did tell her to keep her mouth shut and listen. Close you mouth and open your ears. Upon roll call vote, said motion CARRIED, 3-1. Councilman Riggs voting NO. Councilman Dietz stated that we now have the minutes of the meeting on March 22nd. Councilman Sikes said that on page 2, third paragraph from bottom. It reads that Councilman Sikes made a statement about the lines on the right of ways in between the properties in Florida Shores. He said that Councilman Dietz made this statement. Councilman Dietz agreed with this. Councilman Sikes made a motion to accept the minutes with this correction, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 4-0. BILLS AND ACCOUNTS: Councilman Dietz read the total of the bills in the General Fund account. Councilman Dietz asked what the meetings were that the Mayor attended. The City Clerk answered that they were VCATS meetings, on the 23rd. One was at 1:00 and one at 1:30. It was explained that it should have only been considered as one meeting, because it was the same afternoon at the same place. Councilman Sikes stated that the figuring was done by the clerk in the office, not by the Mayor. Councilman Riggs made a motion to pay the bills with the correction made to the bill from the Mayor, being seconded by Councilwoman Webber. Upon roll call vote, said motion CARRIED, 4-0. -2- o o Councilman Dietz read the total of the bills in the Water and Sewer account. Councilwoman Webber questioned the bill from Dwights. The City Clerk explained that this bill is for office supplies. Councilman Riggs made a motion to pay these bills, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 4-0. Councilman Dietz explained that we agreed to have our code recodified, and we have out first bill in the amount of $2,500. This is to be paid from the anti-recession funds. Councilman Sikes made a motion that the $2,500 bill from the Municipal Code Corporation be paid, being seconded by Councilman Riggs. Mr. Taylor asked what the total bill for this is going to be? Councilman Dietz stated that the estimated cost is $10,000, but it will be more if we decide to put Ordinance 880 in it. Upon roll call vote said motion CARRIED, 4-0. COMMUNICATIONS: The City Clerk read the Clerk's cash statement. Councilman Dietz stated that next is a letter from Briley, Wild giving an estimated cost on the interconnect with New Smyrna Beach on the water system. $11,000 is the approximate cost. There will be no action taken on this letter until we go to New Smyrna Beach and negotiate. He explained that he and Mr. Fernandez are going to meet with the Utilities Commission in New Smyrna Beach, and they will make a full report to the Council. The City Clerk read a letter of appreciation from Mr. Donald G. Gill of the Volusia County School Board in regard to the City's donation of $150.00 for the purchase of items for use in the new construction at the Edgewater School. The City Clerk read a Public Notice from the Department of Transportation of an application for a bridge over the St Johns River on State Road 40 at Astor in Lake and Volusia Counties. There was no discussion in regards to this. The information is in City Hall if anyone is interested. The City Clerk read a letter from the Friends of the Edgewater Public Library in regard to some items that are going to be purchased for the new addition to the Library, totaling $3,066.81. Tape lB Councilman Dietz stated that ,this should be kept to become part of the inventory. The City Clerk read a letter from Mr. Edward Haug in regard to Mr. George A. Cameron, Jr. burying trees, stumps, and other debris on property at 2529 Pine Tree Drive, and requesting that a full fledged investigation be made in regard to this. Attorney Woods stated that Mr. Haug spoke to him about this. He read Section 11, of Ordinance 611 in regard to clean up in an area where there is construction or any type of land clearing going on. Mr. Haug bought this for the purpose of using it for a building lot, and there was no active construction going on. The City is not involved in any way; he should go to Mr. Cameron, who sold him this lot, for the damages he may suffer from the debris that has been buried on the lot. Councilman Dietz recommended that we .instruct the City Clerk to send a letter to Mr. Haug explaining the opinion of our attorney. -3- o o Councilwoman Webber made a motion to this effect. being seconded by Councilman Sikes. Mr. Haug was present and had several questions for the attorney. Attorney Woods explained the Ordinance, and that the City is not responsible for this, but the individual who sold the property to him is responsible. Mr. Haug stated that he spoke to Mayor Armstrong about this and he said that it was the full intent of this was that no one would be allowed to bury any trash anywhere on the property. Councilman Dietz stated that this might have been what it meant, but it does not say that. Mr. Haug stated that he feels that the Ordinance should be changed to read this way. so that in the future people won't get into this type of mess. Councilman Sikes stated that something should be done to regulate this from happening. Councilman Dietz agreed that something should be done, and possibly the Council should take this into consideration, however the law that we have right now in no way relates to the burying of anything on a private piece of property. He added that the Department of Environmental Regulations stated that they have a law in regard to this. Mr. Haug suggested that the Council get in touch with the Department of Environ- mental Regulations and bring this to their attention. Councilman Riggs stated that he spoke with the Department of Environmental Regulations about burying trash, and no one is suppose to bury according to them. Councilman Dietz repeated that Mr. Haug's problem is with Mr. Cameron. Upon roll call vote on the motion to instruct the City Clerk to write a letter to Mr. Haug, said motion CARRIED, 4-0. The City Clerk read a letter from the Pyramid Park Corporation in regard to several complaints about the careless manner in which employees of Tomoka Refuse are handling the garbage collections in their park. Councilman Dietz stated that he received a copy of this letter from Mr. Mann. He asked Mr. Riggs for a report. Councilman Riggs stated that he spoke to the man from Tomoka Refuse and he told him that there has to be some improvements made within six weeks in regard to all of this. He agreed with it. Councilman Dietz stated he spoke to Mr. Abney about this, and he was promised that all efforts will be made to try to get this straightened out. Also the City did not get all of the trash when we had the extrai;pick up. Now we have piles of trash still out. Councilman Riggs stated that the men picked up everything that was out, he will try to get them out there again if the Council wants him to. But if the people can not live up to the contract, something will have to be done. Councilman Dietz brought to Mr. Riggs' attention that there is an article in the contract that states that anything out of the normal pick up, the City will lend a hand. We only have to pick up the piles that are 4x4. He added that we only have until April 1st to get this picked up. Councilman Riggs asked if we can get a notice in the paper? The City Clerk stated that we could notify all the papers in the morning and they could get something in the papers Wednesday morning or Wednesday after- noon and Thursday morning. -4- o o Councilman Riggs stated that the reason he hesitates about this is we are getting behind on ou~ other work. Councilman Sikes stated that they are obligated to pick up three garbage cans and a 4 x 4 pile according to the contract. If they go by and pick up all of the trash they can't make the full run that is scheduled for that day. We should make this our final effort in giving them a helpful hand. Councilwoman Webber explained that the piles are not 4 x 4 piles, and if they are, there mi ghtbe several pil es. They need some cons i dera ti on. Councilwoman Webber made a motion that we send our trucks around, notify the people that this will be the last one, please try to help the City get along with this organization that we have, the pick up to be Wednesday, March 30th, being seconded by Councilman Sikes. Councilman Sikes stated that the Council had to make up the decision as to whether charge $5.00 or $6.00 a month to maintain their own garbage collection and hauling it. We were getting a service that probably no other City has been able to have. The men were doing a good job. In order to keep the cost down for the citizens, we have ~ad to go to this private company, and he would think that the people could make a little effort to clean up behind, and put it in a box to be picked up the next time in order to save the money that they are going to save. Mr. John Gross commented on the oil that is leaking on the roads from their truck. Councilman Riggs stated that he will find out about this. Councilman Dietz explained that they are having trouble because of their equipment, and hopefully these things will be ironed out. Upon roll call vote on the motion, said motion CARRIED, 4-0. The City Clerk read a letter from Louise S. McLaughlin in regard to her name being considered for one of the upcoming vacancies at Daytona Beach Community College Board of Trustees. She stated that any efforts on the part of the City towards her appointment would be appreciated. Councilman Sikes made a motion to instruct the City Clerk to write a letter to the governor recommending her to be appointed on the Board of Trustees of the Daytona Beach Community College, being seconded by Councilwoman Webber. Councilwoman Webber stated that it is about time we had some representation from this area. Tape 2A Upon roll call vote said motion CARRIED, 4-0. The City Clerk read a letter from the Department of Natural Resources in regard to funds being available for the Florida Boating Improvement Program. A portion of the fees is returned to the County in the form of grants for boating related purposes such as recreational activities, channel marking and improving or constructing public launching facilities. Councilman Dietz suggested that this be turned over to the Mayor to make a recommendation to the Council at our next meeting. Councilman Sikes stated that we had instructed Mr. Weaver to try to get us a long term lease or a deed to the island across from the City Hall. He suggested that perhaps this be a part of a project for a recreation area. If at any time a bridge was to be built in Edgewater it would be a main link, because the east spand would come down on that island. We could also have some control over it in regards to keeping it clean. Councilman Dietz stated that the City Clerk should research all of the in- formation that she has on this and bring this up at our next meeting to see what we want to do on it. -5- o o Mr. Lavender spoke to the Council about this. (The tape was very muffled and it is hard to type exactly what he said.) Councilman Sikes explained what happened to the light that was at the end of the pier. Mr. Haug . asked about his street light request. Councilman Dietz explained the street light request situation, stating that the Council is going to have to take a look at this and appropriate monies for this purpose. Councilman Sikes explained that a street light can be rented for $4.50 a month, which is cheaper than what the City has to pay to furnish a light. Mr. John Gross asked if the Planning Board could get with Mr. Sikes and work on doing something with that Island? Councilman Sikes stated that he would be glad to get with someone or any- one who is interested in this. The City Clerk read a notice of Volusia County's second annual public auction of surplus equipment on April 30, 1977. Councilman Riggs stated that it will cost us more to send our equipment to this auction than we will get by selling it. We are going to auction our own equipment off. The next item is a letter from the Environmental Protection Agency, stating that we are in violation of our NPDES Permits, which means that we have not sent in some reports that we should have sent in. We have thirty days to send them in or we face a $10,000 a day fine. Councilman Dietz stated that he suggests that this be turned over to Mr. Kuyk. The problem is that there are a lot of tests that we can't make because of the construction of the new plant and we have a waivor from the Department of Environmental Regulations on these tests. AUDIENCE MISCELLANEOUS: None RESOLUTIONS: None ORDINANCES: The City Clerk explained that there are two Ordinances ready for first reading which were not put on the agenda. The Council may please themselves in regard to them. Attorney Woods stated that the Ordinance on Home Occupations is not completed as of yet. He does have the Ordinance ready amending Ordinance 880 on the non conforming lots of record. He explained that there was a Public Hearing held and he was instructed to go ahead and draw these Ordinances up. He sees no reason why the first reading can not be heard tonight. -6- o o 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 above Ordinance in full. Councilwoman Webber made a motion to adopt this Ordinance, being seconded by Councilman Sikes. Councilman Sikes asked Mr. Taylor if this Ordinance is in accordance with the recommendation of the Zoning Board? Mr. Taylor stated that this is correct. Attorney Woods answered several questions from the audience in regard to the meaning of this Ordinance. Upon roll call vote said motion CARRIED, 4-0. OLD BUSINESS: Councilman Dietz stated that last week we discussed the donation for the fireworks. He asked for the attorney's opinion as to whether fire works are legal. Attorney Woods read from the State law in regard to the sale and use of fire works within municipalities. He stated that the Council has the control in regard to the fire works being used within the City. Councilman Dietz stated that the Fire Department asked for $2,000. The Council has to make a decision as to what amount of money we would like to give them. The City Clerk stated that it came out of Special Promotions before, and the only other place there is any money for this is in the Emergency and Contingency Fund. There is about $600 left in Special Promotions. Chief Tommy Duane spoke to the Council, stating that he is registered with the State and the Federal Government to discharge fire works and explosives. He spoke to the Council about the funds for fire works, and stated that he feels that this should be a budgeted item. Councilman Dietz stated that in the past it was a matter of $500 a year for fire works. Last year an acception was made because it was a bicentennial year. He explained that the Council did not anticipate that we would main- tain this $2,000 every year for fire works. He stated that the City has to consider other items. Councilman Sikes stated that we have an Account #100 that has Special Promo- tions with $664, and he was hoping to use about $500 from that tonight on another item. We have two other items under this account number that we would not over spend the total budget for this. According to Mr. Cunningham we can as long as we do not exceed the total figure we can exceed the line item, and readjust the figures in that account. There were more questions answered about the fire works, and the budget. Councilman Sikes made a motion that we take out of Account #101, $1,500 and transfer it to Account #107, Special Promotions, and that the $1,500 be allocated to the Volunteer Fire Department for the Fourth of July program, being seconded by Councilwoman Webber. -7- o o Tape 2B Mr. Gross spoke to the Council that this is an important expense, and we should do all we can to get the other $500 for the Fire Department. Councilman Dietz explained that this has not been appropriated and we are taking it out of another budget, and he feels the Council is being generous. Maybe we can get some help from other organizations of the City. Upon roll call vote said motion CARRIED, 4-0. Councilman Sikes stated that many weeks ago we had plans drawn up for the cross over at Rhode Island and U.S. 1, we sent it to the State, they approved our plans, we got them back with the o.k. to go ahead. He feels we should get started on this. Councilman Riggs stated that this is what he was talking about when we were discussing the trash, he does not have enough men to go around. He is working on this. Councilman Riggs also stated that he is going to have to have some kind of equipment to get the shell that we need in Florida Shores. He stated that he would like a grade-all. Councilman Dietz stated that we are having a Public Hearing on April 11th, on Federal Revenue monies that are unappropriated, and he suggested that Councilman Riggs present his request at this time. - Councilman Sikes asked why we don't see if we can rent this piece of equip- ment from the gentleman who wants to sell it. Councilman Riggs explained that he has been trying to get some prices, and he will try some other places. He explained that he needs to purchase some shell for the work that they need done. Councilman Riggs made a motion that he be authorized to purchase shell not to exceed the amount of $2,000, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0. NEW BUSINESS: The City Clerk stated that she has an application from Mr. Talks for a special use. He is a contract purchaser of some property on West Park Avenue, and he wants to put in an auto salvage yard. Ordinance No. 880 does not contemplate an auto salvage yard, but our other ordinances do, and it says that you must apply to the City Council for permission. Councilman Dietz suggested that this be referred to the Zoning Board. Councilwoman Webber stated that she feels that the Planning Board should also be involved with this request. Councilman Riggs made a motion that this be turned over to both of those Boards for a recommendation to the Council, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0. The City Clerk explained that Mr. Cliff Cunningham, from May Zima, will be in the Mayor's office Wednesday night. He will answer questions about the audit report, and he will talk to us about the computor. Attorney Woods suggested that this meeting tonight be recessed until Wednesday night. Councilman Dietz instructed the City Clerk to get as much public notice in the paper as possible about this. -8- o o MISCELLENEOUS: Councilman Dietz stated that we have the recommendation and the papers to be signed from Briley, Wild and Associates on the change order that was previously made a motion by the Council and it passed that this change order be signed. He stated that he understands that this has not been signed, he does not know why. It is the responsibility of the Mayor to sign these and the Council passed it. He asked the attorney what we do about this when the Mayor does not sign this ? He added that it states in the Charter that the Mayor will carry out the will of the City Council. The City Clerk stated that she does not remember the motion being made that the papers be signed, only that we would go ahead with it. Councilman Dietz stated to take all the question out of this he will ask the Council for a motion to instruct the Mayor to sign these papers and forward them to the proper organization to impliment this change order. Councilman Sikes asked what the dollar amount involved is? Councilman Dietz stated $28,500. Councilman Sikes asked if it was approved by Fr. H.A. and will be approved by our own engineers, and the Fr.H.A. engineers, and will be part of our loan? Councilman Dietz stated that this is right, it is to replace the old skimmers with new ones. Councilman Sikes made a motion to instruct the Mayor to sign the change order No.2, pertaining to the expansion of the Sewerage Treatment Plant with the contract from Mc Mahan Construction Company in the total amount of $28,500, this being subject to approval of Fr.H~ A. and our own engineers, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 4-0. Councilman Sikes stated that many times our board members receive criticism instead of any praise. He would like for the City to honor them by having a dinner of some sort by having a dinner for all board members and their wives. He said that we are probably talking about 100 people, so we are probably talking about $500 to set aside for this. Councilwoman Webber stated that she is very much in favor of this. Councilman Riggs stated that he feels the same way. Councilman Sikes suggested that we could let the City Clerk work it out as far as a time, and perhaps someone to catering to us. There was discussion about this and no one seemed to have time to volunteer for this. Councilman Sikes made a motion that we take out of Account No. 107 $500 for a planned board members and spouse dinner, date and time to be announced at a later date, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0. Councilwoman Webber stated that someone asked about reports on these meetings that are attended. She said that it was a long drawn out thing, they have come up with a number of plans. She explained some of the plans, and stated that if anyone has anything further on this, she will let them look over what she has. She said that she is applying for whatever Federal Grants that are available and she feels some will be available. She spoke about the Cities Advisory Committee being very necessary. She answered some questions from the audience. There was more discussion about the bridge going across in Edgewater actually being of more benefit for the people on the beach side in case of an emergency. -9- o (.) Councilwoman Webber stated that the Rescue Squad has their room finished. They need an air conditioner. Councilman Dietz asked if we have the money for this? Councilwoman Webber stated that there is money in Capital Improvements. Councilwoman Webber made a motion that we expend $500 from the Capital Improvement Fund for an air conditioner for Rescue and Civil Defense, being seconded by Councilman Riggs. Upon roll vote said motion CARRIED, 4-0. RECESS: Councilman Sikes made a motion that we recess this meeting until Wednesday, March 30, at 7:30, being seconded by Councilwoman Webber. Said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler (! ~/J L:~:ft/&:~ Mayor (V ,'c-e) ~;t;7 .9/~ Coun 1 woman ~ r ATTEST: 0b.v ~ City Clerk ~ '4 day of , 1 977 . ~ ~ Councilman I~e -10- o GENERAL FUND: City of Edgewater WW & SS Dana T. Armstrong Ryta F. Webber Wi 11 i am Lenz Dennis Warren Judson I. Woods News & Observer IBM R.E. Morris Aim International Chemical Corp. NSB-Edgewater Humane Society WATER AND WASTEWATER: City of Edgewater WW & SS Frank Hall Plumbing Dwights Rinker ANTI-RECESSION FUNDS: Municipal Code Corporation BILLS AND ACCOUNTS March .28, 1977 Street, Ballpark Meetings and mileage Meeting and mileage P.O. P.O. City Attorney Council, Boards Misc. depts. Street Fire Humane Society Wastewater Wastewater Water and Wastewater Wastewater recodification of code o 35.20 27.56 17.56 36.45 12.15 150.00 20.80 27.00 10.26 342.21 200.00 879.19 5.50 83.20 45.35 216.00 350.05 2,500.00