Loading...
03-22-1977 - Regular u o CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD March 22, 1977 Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater to order Monday, March 22, 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 Asst. City Attorney Judson Woods City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Present Present Present Came late Present Present INVOCATION: SALUTE TO FLAG: APPROVAL OF MINUTES: Councilman Dietz made a motion to approve the minutes of the meetings held March 4, March 7, March 12 and March 14, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED. Councilwoman Webber voted no on the meeting March 12 and Councilman Sikes voted no on the meeting March 4. The City Clerk was having trouble with the tape recorder, and the conversation about the minutes were not recorded. BILLS AND ACCOUNTS: Councilwoman Webber made a motion to pay the General Fund bills, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. Councilman Dietz made a motion to pay the Water and Sewer bills, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 4-1. Mayor Armstrong voting NO. Any conversation about the bills and accounts were also missed. SPECIAL PRESENTATION: Mr. Maseda from the Department of Transportation gave a lengthy presentation about the Dial-a-Bus program. Attached to these minutes is his booklet that was presented to the Council. COMMUNICATIONS: The City Clerk stated that we have a letter from Blanche G. Negedly in regard to a hazardous situation existing at the foot of Ocean Avenue Private Beach. The sign that designates the channel and storm drain has been missing for several months. o o Councilman Dietz explained that the Corp of Engineers told us that we can not put a sign there. The flow is on Federal property, and we can not put a sign up. He said that we can put a sign on the shore but we can not put it in the water. There was no other conversation in regard to this. The City Clerk stated that she has a letter from Mr. W.H. Woodard in regard to the condition of the roads in the Florida Shores area, and in regard to the drainage ditches that are being dug which is causing more problems than exist in the first place. Councilman Riggs spoke on this, explaining that the Ordinance calls for drainage pipes to be put in. He explained that he has had several complaints in this area about the drainage problems and they are trying to correct this problem. Mayor Armstrong commented on the complaints that he has received in regard to the dust out in this area. He stated that he does not think it is proper to go in and put a drainage pipe in if there is no existing problem. We should take care of the places where there are problems. Councilman Sikes stated that he has gone around looking at these areas, and he feels that it is as much the Council IS fault as the man that was trying to do what we advised him to do. This has to be corrected, and he suggested that we leave it as it is and when we have problems with the drainage we will take care of the area in which the problem occurs. We should make some ar- rangements to get some shell on those roads that should have it. Mayor Armstrong stated that a lot of houses were being built and no drainage pipes were being put in. Councilman Sikes stated that he thought we left this with the understanding that when the Building Official went to check out new homes he would deter- mine whether we needed .to have a drain pipe. Mayor Armstrong stated that he believes that the Ordinance says this. Councilman Dietz suggested that we leave this problem up to Councilman Riggs for him to take care of, and that he is to make reports to the Council. Mrs. Woodard spoke to the Council about getting the roads in Florida Shores paved. She stated that if the City won't do anything about their roads, that perhaps they could become a community of their own and get it taken care of. Councilman Dietz stated that about two years ago we discussed this with our engineers and they told us that it would not be feasible to pave those roads that don't have sewer lines. We talked at that time of the cost of putting the sewer lines in, water lines in and pave the streets. At that time it would cost each individual property owner $17.00 a foot. He stated that he feels that it is time to put this on the ballot and let the people decide. He said that he does not feel' it is right for the rest of the City to be burdened with this improvement. He stated that it would be futile to pave those roads without the sewer lines put in, a good example of this is River- side Drive. Mayor Armstrong stated that in Edgewater except Florida the property for utilities. middle of the streets.? he has to disagree because there is no place else Shores that we have 120 miles of easements behind Why does the sewer line have to go under the Councilman Sikes stated that it is a matter of 11 million dollars opposed to 17 million dollars to put them behind. The Council answered more questions from Mrs. Woodard. Mayor Armstrong explained that we are going to have to set up a program that will benefit all of the people in Florida Shores, and at the same time would be feasible. -2- o o Councilman Sikes stated that those streets were not built to subsidize. When the property owner pays for the paving, then the City assumes the responsibility of maintaining those streets. It does not go back again to the tax payers for repaving. Tape lB The City Clerk stated that there will be a meeting of the Policy Committee of the VCATS, Wednesday, March 23, at 1 :30 in Ormond Beach City Hall. The City Clerk read a notice from the VCOG of the proposed Fiscal Year 77-78 701 Work Program, Wednesday, March 23 at 1:30 in Ormond Beach City Hall. Councilwoman Webber stated that we have never elected an alternate to attend these meetings. Councilman Dietz made a motion that we instruct Mrs. Webber and the Mayor to attend these meetings on Wednesday, the Mayor to represent the City and Mrs. Webber will be there to help him out, being seconded by Councilman Sikes. Councilwoman Webber stated that this does not help in regard to what she was talking about. In the event that Mr. Armstrong isn1t there, the City will not have a vote. Every other City has an alternate to vote. Mayor Armstrong explained that they have not changed the by-laws yet, once they do this so that they will allow a protem vote for the mayor, then any elected official of our City will be able to vote. Upon roll call vote on the previous motion, said motion CARRIED, 5-0. The City Clerk reminded the Council that we have the Volusia League, Thursday, 7:30 and we are one of the host Cities. AUDIENCE MISCELLANEOUS: Mr. Len Rogers spoke to the Council about the garbage and trash pick up. He explained that the contract reads that they pick up a 4x4x4 pile of trash once a week, they are picking it up twice a week and they feel they are over= extending the contract. He stated that it was stated that in the case of a freeze or a tornado, they are suppose to go in and get it cleaned up, but the truth is, the City is suppose to pay for it. He added that they have not come to the City for any money for this extra pick up. He is losing at the rate of $50.00 a day. Councilman Sikes stated that he feels the problem was caused when we advertised that our City would have a spring clean up and that our City trucks would pick up the trash and debris. He explained that he trimmed trees and had piles to be picked up, and he has talked to several other people who did the same thing. He also stated that when we decided to enter into a contract with Tomoka Refuse, they did not want to start this until the first of May, and we went ahead and signed the contract to begin on March 1. Mr. Rogers stated that he did ask for April 1st. At this time there was some discussion and confusion? Mr. Rogers asked if they are being harrassed or have they done something wrong? Mayor Armstrong stated no. Mr. Rogers explained that they have to leave the truck in the garage when it is half loaded at night, because it costs so much a load to dump it whether it is full or not. Mayor Armstrong stated that he does not feel that the City should have to do something that we are paying someone else to do. Councilman Dietz stated that it is in the contract, that if there is anything out of the ordinary, that causes a burden to the carrier, that the City shall pick up along with them. -3- o o Councilman Riggs recommended that the City Council let him run a trash truck until we can clean up the City and then we will turn it back over to Tomoka Refuse, since these people were mislead to believe that we were picking up trash with the appliances. He stated that he is making this a motion, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. RESOLUTIONS: RES. NO. 708 A RESOLUTION SETTING A PUBLIC HEARING FOR PURPOSES OF SETTING PRIORITIES FOR THE EXPENDITURE OF UNAPPROPRIATED FEDERAL REVENUE SHARING FUNDS, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read the Resolution in full. Councilwoman Webber made a motion to adopt the Resolution, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 5-0. RES. NO. 709 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA ADOPTING THE MANUAL OF RULES AND REGULATIONS FOR THE POLICE DEPARTMENT OF EDGEWATER, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read the Resolution in full. Councilman Riggs made a motion to adopt the Resolution, being seconded by Councilwoman Webber. Mayor Armstrong stated that these rules and regulations are not in compliance with the City Charter. There was some discussion about this, and the attorney was questioned. Attorney Woods stated that as far as he is concerned the manual put together by the Chief of Police is legal and not in violation of the Charter. Upon roll call vote on the previous motion, said motion CARRIED, 4-1. Mayor Armstrong voting NO. ORDINANCES: ORD. NO.969 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA ESTABLISHING A POLICY FOR ALL EMPLOYEES OF THE CITY OF EDGEWATER, FLORIDA AND ESTABLISHING A PRO- CEDURE FOR COMPENSATION FOR SICK LEAVE, VACATIONS AND HOLIDAYS FOR EMPLOYEES 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 Dietz made a motion to adopt this Ordinance, being seconded by Councilman Sikes. Mr. Taylor asked if a reading of the Ordinance is required? He stated that it was not read at the first reading, and he demands a reading of the Ordinance. Tape 2A Attorney Woods read the Ordinance. Mrs. Murphy asked several questions about setting up this policy. The Council members answered her questions. It was explained that since the City entered into a P.B.A. contract they can not discriminate against -4- o o the other employees. Upon roll call vote on the motion, said motion CARRIED, 5-0. ORD. NO. 970 AN ORDINANCE REPEALING ORDINANCE NO. 940 AND ORDINANCE NO. 942 OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read the Ordinance in full. Councilwoman Webber made a motion to adopt the Ordinance, being seconded by Councilman Sikes. Mr. Taylor stated that this leaves us in limbo now. He stated that the Zoning Board presented to the Council the Ordinance that would pick up after these two are repealed. Is that Ordinance prepared? Councilwoman Webber stated that she understood that this would revert back to Ordinance No. 880. Mayor Armstrong stated that this is true, however we held a Public Hearing on February 28 and it was decided that the amendments to Ordinance 880 would make some provisions for what these Ordinances would take out. He does not know what happened to this paperwork. He stated that until the final reading of this Ordinance, we will have to abide by Ord~nance 880. Councilman Sikes withdrew his second to the motion. Mr. Taylor asked where the material is that the Zoning Board presented to the Council, which the Council approved. Attorney Woods assured Mr. Taylor that he will get with Mr. Gillespie and find out where this is. Mr. Taylor also asked about the home occupation license matter... Mayor Armstrong stated that this also was taken care of at the Public Hearing. Mr. Taylor stated that he is not trying to be rude, however how many times will the Council approve these things before a City Attorney will prepare them? Attorney Woods. stated that he also is not trying to be rude, he stated that if given a chance he will try to have this prepared by the next meeting. He just assumed this position and it does take a while to get readjusted. Mayor Armstrong stated that he had a motion on the floor, but Mr. Sikes withdrew his second. Councilman Dietz seconded the motion and stated that he has a question. If this Ordinance is adopted, it reverts back to Ordinance 880, so nothing will be wrong? There were other questions. Mayor Armstrong explained that we held a Public Hearing in February to discuss amendments to the Zoning Ordinance. because if we didn't do it in February we would have had to wait until May. Mr. Gross asked if the Council would check into the terms of the Zoning Board members. He feels that some of the terms have expired. Upon roll call vote on the previous motion, said motion CARRIED, 5-0. -5- o o OLD BUSINESS: Councilman Sikes stated that we have all been presented with a suggested plan for a retirement program for the employees. He said that he has talked ~to several people about this and he has been told that when you tie a retire- ment plan in with social security in the long run it will cost you more money. He made a motion that we go out for bids on the plan that was presented to us in two methods, the contributory plan and the non-contributory plan. Mayor Armstrong asked a question about the plan. He stated that he doesnlt think that we made any determination as to credit for past yearsl service. He stated that we have some employees who are of retirement age presently, but they havenlt contributed anything for retirement. Councilman Sikes stated that he made a motion Councilman Dietz seconded the motion in order to have discussion. Councilman Sikes continued, that there is a period back from 1969. Anyone who was not working previous to 1969 would not be covered. He explained that we need to get some figures to look at so that we can make some of these decisions. Tape 2B Councilman Sikes stated that it should be added in the motion that this is for $20,$25, $30, $35 thousand dollars, Councilman Dietz stated that he will second that part of the motion. Mayor Armstrong repeated the motion, to go ahead and advertise for the bids to be returned April 25, at 4:00 P.M., on contributory and non-contributory plans at $20, $25, $30, $35 funding. Upon roll call vote on the motion, said motion CARRIED, 5-0. The City Clerk stated that she has the figures from State Tractor and Equip- ment in regard to the drag1ine repairs. She read the proposal to the Council Total of the repairs being $16,800.15. Councilman Riggs stated that he feels we should look for something that will be less expensive to maintain. The Council agreed with him. Councilman Dietz stated that we had a hearing Wednesday night and we were suppose to have a letter for this meeting. The City Clerk stated that she does not have a letter. Mayor Armstrong asked what the Council IS pleasure is in regard to the Public Hearing that was held. Mrs. Murphy stated that she thought she would be on the agenda and she has been waiting. In the past when she brought a letter to City Hall, it did not work out so well. She read her resignation. Councilman Dietz made a motion that we accept this resignation, being seconded by Councilwoman Webber. Mr. Gross made a statement to the Council asking them not to accept this resignation, instead to ask the entire board to resign. Councilman Riggs spoke to Mrs. Murphy, stating that he feels that she has done a wonderful job, and the way things are going he appreciates her turning in her resignation as a lady, and he is willing to vote for it although he is not really for it. Mayor Armstrong stated that he has had no difficulties with Mrs. Murphy, and he wants to express his appreciation for her past services for the City of Edgewater. Upon roll call vote on the motion, said motion CARRIED, 5-0. -6- o o NEW BUSINESS: The City Clerk read a request from the Fire Department for donations for the fireworks for the Fourth of July. Councilman Dietz stated that he understood last year it cost so much money because it was for the Bicentenial celebration. Mayor Armstrong stated that a Federal Law was passed prohibiting fireworks. There was discussion that it is being allowed if you receive special per- mission. It was agreed that this would be tabled until the attorney can get some information on it. Attorney Woods stated that he would like the Council's permission to use the additional books that Mr. Gillespie ordered. He would like to use these books in his office on the condition that they will be returned to the City when his services are terminated. Councilman Dietz made a motion that we allow the City Attorney to take the books to his office so he will have them as a matter of record and to be returned to the City at his termination, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. MISCELLANEOUS: None ADJOURNMENT: Councilman Sikes made a motion to aajourn, being seconded by Councilman Sikes. Said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler ~A/- Mayor ~ ~~J'9c/~ Counc. oman ATTEST: ci~~ Approved thi s Ol~ day of March, 1977 ~#JxCJ~~ yor?l ~ /4'~ f'/ 02......61" counCilm~ . - counc(1tz-- Councilman -7- ~ -r- ~ . . . o GENERAL FUND: City of Edgewater WW & SS Southern Bell Florida Power & Light Hank Morgan Dennis Warren Mike Wolf Glenn Educational Medical Ser. Judson I. Woods, Jr. Dwights Office Supplies Scotty's Western Auto Case Power & Equipment Xerox Orlando Paving Company Troy Fain Insurance WATER AND WASTEWATER: City of Edgewater WW & SS Southern Bell Kirkland Sod Company Orlando Paving Company AAA Rentals Wa 1 ker t~i 11 er McMahan Construction Company B & H Sales o BILLS AND ACCOUNTS March 21, 1977 City Hall, Com. Ctr., Shuf1brd. Fire, Street Street lights, Traffic light P.O. P.O. P.O. E.V.E.R. City Attorney P.O. Garbage Street, City Clerk LV.E.R. Street Misc. Depts. Street P.O. 50.75 116.16 2,115.72 33.84 12.15 48.60 22.50 92 .1 0 19.20 34.92 25.98 92.40 262.84 76.36 38.50 3,042.02 Water Water ~Ja ter Water Wastewater Wastewater Water Water 5.50 55.28 362.00 93.38 62.50 9.74 150.00 4,385.33 5,123.73