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03-07-1977 - Regular ~ o o CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD March 7, 1977 Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater to order, Monday, March 7, 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 William Gillespie City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Present Present Present Judson I. Woods present Present Present INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES: Councilman Riggs made a motion to approve the minutes for the meeting held February 21, 1977, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. BILLS AND ACCOUNTS: Mayor Armstrong read the total of the bills in the General Fund account. There were several questions which the City Clerk answered. Councilman Dietz made a motion to pay the bills, being seconded by Council- man Sikes. Upon ro1.1 call vote said motion CARRIED, 5-0. Mayor Armstrong read the total of the bills in the Water and Sewer account. Councilman Dietz made a motion to pay the bills, being seconded by Council- man Riggs. There were several questions which fue City Clerk and Councilman Dietz answered. Upon roll call vote said motion CARRIED, 4-1. COMMUNICATIONS: The City Clerk read a letter from Mr. George Cameron in regard to an application for the maintenance dredging that he intends to do on his property on Riverside Drive. He asked for a letter from the City stating that they have no objections to this dredging. Councilman Dietz made a motion that we grant this request and instruct the City Clerk and the Mayor to make out the necessary papers, being seconded by Council- man Sikes. Upon roll call vote said motion CARRIED, 5-0. Q Q Mayor Armstrong stated that he feels that a Resolution should be drawn up in regard to this request. There was discussion about whether this is necessary or whether a letter and the minutes would be all right. Mayor Armstrong instructed the City Clerk to type the letter stating that the Council has gone on record with no objections. The City Clerk read a letter from the Library Board requesting equipment estimated at $1 ,600. Councilman Dietz made a motion that the Mayor meet with the Library Board and discuss this, tabling the request until our next meeting, being seconded by Councilman Riggs; Upon roll call vote said motion CARRIED, 5-0. The City Clerk read a meeting notice of the Volusia Council of Governments Wed. March 9, 1977 at 3:30 P.M. The City Clerk read a meeting notice of the Volusia County Area Transportation Study Policy Committee, Tuesday, March 8, 1977 at 1 :30 P.M. Councilman Dietz made a motion that the City Council authorize Mrs. Webber to be in attendance of the VCATS meeting, being seconded by Councilman Sikes. The motion and second were withdrawn. Councilman Dietz restated his motion that Mrs. Webber and Mayor Armstrong both attend, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. Councilman Sikes made a motion that the Mayor and Councilman Dietz attend the VCOG meeting the next day, being seconded by Councilwoman Webber. Councilman Sikes explained that he knows that the Mayor is the representative for the City, however he feels that another Council member should attend in the event in the future the Mayor might not be able to attend we would have someone else who would know what has gone on before. Mayor Armstrong stated that everyone on the Council gets copies of the minutes of all of these meetings, however no one ever attended these meetings until we started paying $10.00 for representation at the meetings. There was much confusion at this time, and discussion about two members attending. Tape lB Upon roll call vote on the previous motion, said motion CARRIED, 5-0. AUDIENCE MISCELLANEOUS: None RESOLUTIONS: RES. NO. 706 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA EXPRESSING THE INTENT OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA TO ENTER INTO A GONTRACT WITH THE MUNICIPAL CODE CORPORATION OF TALLAHASSEE, FLORIDA FOR THE PURPOSE OF REVISING THE CITY CODE OF THE CITY OF EDGEWATER, FLORIDA, AND TO APPROPRIATE ANTI-RECESSION FISCAL AID FUNDS FOR THE PURPOSE OF PAYING FOR THE SERVICES OF THE MUNICIPAL CODE CORPORATION, REPEALING ALL RESOLUTIONS IN CON- FLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read the Resolution in full. -2- o o Councilman Dietz made a motion to adopt this Resolution, being seconded by Councilman Riggs. Councilwoman Webber questioned whether we should state that we are going to use all of the anti-recession. There was some discussion about this with the attorney. Attorney Woods stated that the point is well taken and he thi nks to stri ke the word "a 11" from Secti on 1, on page 2 wi 11 take care of the question. Mayor Armstrong asked after the correction what is the Council IS pleasure? Councilwoman Webber made a motion to accept this Resolution with the striking out of the word "all", being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 5-0. RES. NO. 707 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA APPROVING A PROPOSED CONTRACT BETWEEN THE CITY OF EDGEWATER, FLORIDA AND MUNICIPAL CODE CORPORATION OF TALLAHASSEE, FLORIDA, FOR THE RECODIFICATION OF THE ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF EDGEWATER, FLORIDA TO EXECUTE THE CONTRACT ON BEHALF OF THE CITY OF EDGEWATER, FLORIDA UPON THE APPROPRIATION OF FUNDS BY THE CITY OF EDGEWATER, FLORIDA TO PAY FOR THE SERVICES CONTEMPLATED IN THE CONTRACT, 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 this Resolution, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 5-0. ORDINANCES: None OLD BUSINESS: Mayor Armstrong explained that at the request of the Board of Governors and direction of the City Council, it took many phone calls we have made in regard to moving the basketball courts from the complex to the other end of the park. He explained that no one seems to be interested in building the fence except Art Fence Company, who are the same people who put up the fence at the landfill. He stated that they did a good job at the landfill. He read the contract bid to the Council, and the specifi- cations for the job. Councilman Dietz asked the City Clerk if we have funds available for this. The City Clerk explained that there is $10,000 obligated in Federal Revenue for this. Councilman Sikes made a motion that we award to the Art Fence Company per their proposal a bid for the erection of a fence around the basketball courts, the money to come from the Federal Revenue, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 5-0. NEW BUSINESS: Mayor Armstrong explained that he has a Service Claims Report on the CETA funds for the CETA employees in the City of Edgewater and there was included in it $147.91 in the Water Department. He stated that he talked to Mr. Dietz about this before and he told Mr. Martine that if he needed to borrow men from the Street Department, not to send CETA employees to the Water Depart- ment. He stated that he is not going to claim funds for the Water and -3- o o Sewer Department when the law specifically states that the revenue in the Water and Sewer lithe system" plus utility tax is to operate it. He also explained that in the near future the small municipalities are not going to be able to meet the criteria that they are setting up in the CETA program. Councilman Dietz asked if the mayor is saying that we are not entitled CETA funds in the Water and Sewer Department? Mayor Armstrong stated that this is correct. TAPE 2A Councilman Dietz stated that Mr. Graebner, who is ahead of the program told him that we could use CETA programs in any department in the City as laborers. There was more discussion about Ordinance No.400, and whether this is a violation. Mayor Armstrong stated that we are not going to use CETA funds for this. Councilman Dietz stated that we are going to have to get a ruling from the attorney when the mayor refuses to carry out an instruction of the City Council. He suggested that the Council take a look at this and why the mayor won't sign it. Mayor Armstrong again stated that he does not feel it is right to use the CETA funds this way. Councilman Dietz stated that the man who is ahead of the program told us that it is all right. He stated that he will sign the report, as vice mayor. Councilwoman Webber asked for a written statement from Mr. Graebner which will clear this up: Councilman Dietz stated that we have a letter. Mayor Armstrong stated that he is going to Washington to get a letter, and to get some direction. Councilman Sikes stated that we should keep in mind that the gentlemen who came here from their office has been telling us that we are meeting the requirements. Mayor Armstrong stated that he was told that since November a year ago the program is to be proud of, however he is talking about back over a year ago. They won't give us an audit of the records. Councilman Sikes stated that that is because it goes back to their office. Councilman Riggs made a motion that we table this and get on with the other business. Councilman Dietz asked when this report has to be in? The City Clerk stated that it was suppose to be in Friday. Councilman Dietz stated that he will sign the report. Councilman Dietz stated that he understands that Mr. Gillespie wants another attorney yesterday. The City Clerk stated that Mr. Gillespie stated that he was willing to help the City, however it does not look like they are trying to find anyone else. Councilman Sikes asked Attorney Woods if his services would be available until something was resolved? Attorney Woods stated that he feels that he will be able to help. The City Clerk can call him on a toll free number. -4- ~ o o , Councilman Dietz asked Attorney Woods if he would be interested in the job on a full time basis again? Attorney Woods stated that he might be interested on the same terms and conditions as Mr. Gillespie, however he would like some time to think it over. He explained the status of the cases as he understands at present. Councilman Dietz made a motion that we accept Mr. Gillespie's resignation as of this date and have Mr. Woods continue as the deputy attorney until he can decide whether he wants the job, and the Council can make it official, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. Councilman Dietz explained that we are running out of fire hydrants and we need more of them. They cost us about $500 per hydrant, and the Water Department gets $50 per year rental for fire hydrants. Inflation is eating the City up, because we use to be able to rent out hydrants for $75.00 and we can't do that anymore. Mayor Armstrong explained the system of the fire hydrant rental, as followed now. He stated that this is going to make a mess of the budget. Councilman Sikes asked if this could be taken out of the Federal Revenue money? Mayor Armstrong stated that he is afraid of this, because you are using government money on government money. We do not own the Water and Sewer Department, we are trustees for it. Councilman Dietz stated to Attorney Woods that Mr. Gillespie was given a copy of Ordinance No.400. He was suppose to give us an opinion as to what the City can do with the Water and Sewer Department. We have to get this straightened out. Mayor Armstrong stated that he would like to see this straightened out also. The City Clerk stated that every year the Council talks about changing back to an election every two years. Now is the time to decide on this before it is election time. Councilman Dietz stated that we talked about this before that we should bring this back to an election every two years, because of the expense and have it on an off year. Mayor Armstrong agreed with this. It was discussed that this will have to go on a referendum. Councilman Sikes brought up the subject of moving the boundaries of the zones to make them more even as far as population. Mayor Armstrong stated that this should be done also. There was discussion about the zones. It was agreed that the Council is to think this over and discuss it again at the next meeting to instruct the attorney what to have drawn up. Mayor Armstrong stated that the next item is TM Communications wants to have a conference with~e City Attorney. The City Clerk stated that this is about something that the Federal Com- munications has changed and it is different from what is in our contract. He said that he would like to talk with the attorney before he came to the Council, so that the attorney would be advised. . Councilman Dietz made a motion that we turn the letter over to Mr. Woods and let him contact the man. , The City Clerk stated that there is no letter on this, the man just called. -5- o o The Council instructed the City Clerk to get this in writing. The City Clerk explained that we have a problem in regard to Coronado Paint dumping into the landfill. There are also some other individuals outside that had a contract with the City and we have never made any formal action to stop this. Mayor Armstrong stated that we are not picking up the garbage, and they are either going to have to pay the contractor through the City according to the garbage Ordinance or they have the right to go to dumpster service. Councilman Dietz stated that a letter should go to all of these people explaining that the landfill is going to be closed and the City of Edgewater can no longer accomodate them. Mayor Armstrong stated that if there is a Resolution on this we should rescind the Resolution and send them a cover letter. He stated that he will report to the Council next week of the ones we have a Resolution on and the ones we have contracts with and so on. At this time there was discussion about the numerous complaints about the new garbage men not picking up the trash if it is piled up in front of a vacant lot instead of in front of people's houses. Councilman Dietz stated that he wants to send Don Kuyk to the University of Florida for a 45th annual Water and Sewer Short School. It is a one week course. The overall expense will be $200. Councilman Sikes made a motion that we authorize Mr. Kuyk to be away from his duties and we pay his expense to attend the Water and Sewer Short School at the University of Florida, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-1. Mayor Armstrong voting NO. The next item is the Briley, Wild and Associates bills. The City Clerk read the bills to the Counci-l, explaining what the bills are for, and the amounts. Mayor Armstrong stated that when we had the preconstruction conference it was agreed by F.H.A. , the CityJand Briley, Wild that they would give us a written notice of the inspection tours to be made and we never received this. There was some discussion on this. Councilman Dietz made a motion that we authorize the City Clerk and the Mayor to sign the papers to be turned over to F.H.A., being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. MISCELLANEOUS: Mayor Armstrong stated that we need to set a date for discussion on the pension plan. It was agreed to start the meeting Saturday at 9:00 and give each of the representatives one hour to speak to the Council. Councilman Riggs spoke to the Council about the trees and limbs, and the situation in the Florida Shores area. He explained that he was told that we should get a Mulch machine and he would like the Council to think about this. It was agreed that Councilman Riggs should check with New Smyrna Beach about theirs, and get some prices. Councilwoman Webber stated that she asked about the police cars last week, and she stated that she hates to loose this money. She asked the City Clerk what Mr. Cunningham had to say about this. The' City Clerk stated that we can't buy them until we appropriate the money. You can buy them out of Federal Revenue' but you must go through the regular process of appropriating the money, which will take approximately two months. -6- o o Tape 3A Councilwoman Webber stated that in the event we can get and use the money she would like to know how many of the Council feel that we should get these cars at the saving of $1600. Councilman Dietz asked the Chief what the situation is on the cars presently in the department. Chief Baugh stated that right now the cars are in good shape because the men are taking care of them. If there were two more cars it would make it that much easier to take care of and cost less maintenance. There was discussion about this expense. Councilman Dietz stated that he would agree to purchase the cars if we can find a way to do it. Councilman Riggs stated that the men are taking pride in the cars they are driving. Councilman Dietz made a motion that we instruct Mrs. Webber to investigate through the auditors as to where we can get the money from and if there is a feasible way that the City can enter into a contract using Federal Revenue monies that we have without jeopardizing the budget that she can bring it before the Council for a full report, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. Councilman Dietz stated that one of the wells has a bad pump in it. He explained that they are having a hard time finding parts for this pump because it is so old. It is the opinion of Briley, Wild and Mr. Kuyk that we are going to be unable to repair this pump and we are going to have to buy one, which is going to cost us $5,000. He explained that a gentleman is coming tomorrow to look at the pump and see if it can be repaired. He stated that he will bring a report on it back to the Council. Chief Baugh spoke to the Council about a Procedure Manual for the Police Department. He would like each of the Council to read the book that he ha~.put together, and he would like it to be adopted as law as far as the Police Department is concerned. Mayor Armstrong asked ,that each of the Council members look over this and it will be brought up again. There was discussion.about a meeting notice that Chief Ferreira delivered to the City Hall this afternoon. Mayor Armstrong stated that everyone who can attend should attend. RECESS: Councilman Sikes made a motion to recess this meeting until 9:00 Saturday morning, March 12, 1977, being seconded by Councilman Riggs. It was also stated that the attorney will be excused from this meeting. Upon roll call vote said motion CARRIED, 5-0. MINUTES TAKEN BY: Sue Bl ackwell Debbie Sigler ATTEST: () n /J " () ~pl~ ity Clerk ~ Approved this ;tt day of , 1 977 ~~c, ~~ -7 - ~-- ~. , . . o GENERAL FUND: City of Edgewater WW & SS Florida Power & Light Southern Bell Owens Flooring, Inc. Ropp.s Automotive Electric Dana T. Armstrong City of Edgewater Gen. Fund Larry Gibson Public Gas American Hardware News & Observer Brown's Air Conditioning New Smyrna Commercial Printing New Smyrna Builders Supply Callaghan & Company New Smyrna Plumbing Supplies Xerox City Auto Supply Smyrna Auto Parts Diversified Electronics R.E. Morris Edgewater Tractor & Hydraulic Ben's Auto Supply Briley, Wild & Associates Public Safety Devices Inc. Industrial Office Outfitters NSB-Edgewater Humane Society Harris Builders, Inc. Lanier Business Products Deltona Volunteer Firemens Assoc. WATER AND WASTEWATER: City of Edgewater WW & SS Southeast Bank of New Smyrna Southern Bell Florida Power & Light Troup Gas & Appliance Bobby McFarl and City of Edgewater Gen. Fund Dunn Lumber & Supply Dwights Office Supplies B & H Sales New Smyrna Plumbing Supplies New Smyrna Builders Supply Edgewater Mfg. Co. City Auto Supply Say-On Utility Supplies Briley, Wild and Accosicates o BILLS AND ACCOUNTS March 7, 1977 Street, Ball pk. City Hall, Fire, Recreation City Hall, Fi re Com. Ctr. P.O. Mileage and Meeting Petty Cash Street Street P.O., St. ,Fire, Bldg. Insp. ,City Hall Council and Boards Com. Ctr. P.O. P.O. P.O. Com. Ctr. Various Depts. St.,P.D., Garb.,Fire Street, P.O. Fire, Street, P.O. Street Fire Fire Landfill P.O. P.O., City Hall Humane Soci ety Library addition Council and Boards Coronado Paint Fire 17.05 568.31 507.22 6.00 67.05 15.32 21 .80 23.48 124.78 130.65 16.00 180.04 11.50 40.32 280.00 25.88 1 54 . 04 436.59 185.30 861 .41 5.21 160.00 137.55 65.73 512.66 56.15 600.00 5,500.90 93.10 111 . 50 10,915.54 Wastewater Safe deposit box rent Wastewater Water and Wastewater Wastewater Water Water-Equipment Rental Wastewater Water Water Water Wastewater Wastewater Water and Wastewater Water Water and Wastewater 5.50 12.00 66.33 399.34 30.40 4.05 278.00 63.96 11 .20 1,436.25 2.27 54.92 1.30 19.17 284.52 131 . 48 2,800.69