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02-21-1977 - Regular o o CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD February 21, 1977 Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater to order Monday, February 21, 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 Present Present Present INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES: Councilman Dietz made a motion to accept the minutes, being seconded by Councilman Riggs. There were several questions in regard to these meetings and the dates. Councilwoman Webber explained that she called the meeting to order on February 7th and recessed it until February 8th. Councilman Sikes asked how a meeting could be recessed if there were not enough members present to have a meeting? Shouldn't this be stated that the meeting was called for the next night? Attorney Gillespie explained that the meeting two weeks ago Tuesday night should have been a special meeting and the method by which a special meeting can be called is in the Charter, which is by the Mayor or any three members of the Council. Councilman Sikes explained that his question is should the minutes be corrected to read that the meeting was a special meeting and not a re- cessed meeting? Attorney Gillespie stated tha~ the minutes should reflect that a special meeting was called to be held in place of the regular meeting which was not held Monday night. The second was withdrawn and the motion was withdrawn. Councilman Riggs made a motion to accept the minutes of the meeting held January 31, 1977, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED 5-0. ~ o Mayor Armstrong explained that February 7th was a regular meeting and for the lack of a quorum, the Acting Mayor called the meeting to order and recessed it for the following night. Councilman Sikes stated that she did not recess the meeting because you can not recess something that you didn't have, so she called a special meeting for the following Tuesday night. Councilman Dietz made a motion that we approve the minutes which will be called February 8th because the regular meeting of February 7th didn't happen because of a lack of a quorum and the Acting Mayor called a special meeting on February 8th to replace the February 7th meeting, being seconded by Councilwoman Webber. At this time there were comments heard from the audience. Upon roll call vote on the motion, said motion CARRIED, 3-2. Councilman Sikes and Mayor Armstrong voting NO, stating that they were not present. BILLS AND ACCOUNTS: Mayor Armstrong read the total of the bills in the General Fund account. Councilman Dietz made a motion that the bills be paid, being seconded by Councilwoman Webber. . Upon roll call vote said motion CARRIED, 4-1. Mayor Armstrong voting NO. Mayor Armstrong read the total of the bills in the Water and Wastewater account. Councilman Dietz made a motion that the bills be paid, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. -COMMUNICATIONS: Clerk's Cash Statement General Fund Budget Report The City Clerk read a letter from Mrs. Matilda F. Yambor in regard to the water being turned off during a busy day for her, in order to install a sprinkling system at Coronado Paint. She stated that she would be grateful for a reimbursement of her loss. Mayor Armstrong asked why the water had to be shut off on the highway to install something on Old County Road? Councilman Dietz stated that there was a break in the line and there was nothing they could do. He explained that they did all they could about it. Mayor Armstrong questioned what we do for the loss that was suffered because of this? Councilman Dietz stated that he does not know if the City of Edgewater has liability insurance for this. He asked Attorney Gillespie about this. Attorney Gillespie stated that if you establish this precedence then you will open the door, however it doesn't mean that the claim isn't accurate because through negligence you may have caused someone to suffer a financial loss. You may have some insurance to cover it. He said perhaps the liability carrier should be notified of this and he could adjust it with the claim. Mayor Armstrong directed the City Clerk to check it with our liability policy. -2- Q o The City Clerk read a letter from May, Zima & Company in regard to the proper uses of the anti-recession monies. It stated that the use of this money for updating the municipal code is allowable. Attorney Gillespie commented that this would be a good expense because the present code is very hard to work with. He agreed that this is one of the most. important expenditures that Edgewater could make. Councilman Dietz made a motion that we instruct the City Clerk to make the necessary forms and applications and procedures to allocate the anti- recession money to have the code book brought up to date by the Municipal Code Corporation, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 5-0. The City Clerk read a notification of the Florida Chapter of the American Public Works Association meeting, February 24, in Orlando. Mayor Armstrong stated that he really does not see any need attending this meeting since we are not in the landfill business anymore. No action was taken in regard to this. The City Clerk read a letter from the State of Florida Department of , Commerce Division of Employment Security in reference to Jack E. Walker. It stated that according to their information Mr. Walker was discharged for absence caused by illness. This is not a disqualification and the City will be required to reimburse the Florida Unemployment Compensation Fund for their share of any benefits paid in connection with his claim. Councilwoman Webber stated that she feels that we should ask for a hearing. There was discussion with the attorney about this. He stated that he does not feel that this is worth fighting. He said that he has had very little success on these matters. He added that he would not advise the Council to go to court with this. No action was taken in regard to this matter. The City Clerk read a letter from the Building Official recommending that the City adopt the current Building Valuation Data sheet from the Southern Building Code January 76/77 edition. Councilman Dietz made a motion that we table this and have copies made for each of the Council members so they can study it and that this be turned over to the -Building Code Board of Adjustments for their recommendation, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. The City Clerk read a letter from Mrs. Alice Murphy in regard to the variance granted to Mrs. Helen Lovell, and in regard to the statements made by Mr. Millard and Mrs. Lovell about her. Councilman Dietz stated that this letter is an opinion not based on facts and it should be placed in the file on the upcoming case with Mrs. Murphy as a reference because it is her opinion only. Mayor Armstrong stated so be it. The City Clerk read a letter from the Board of Adjustments in regard to Mrs. Murphy, explaining that at their meeting February 15, 1977 the board voted to ask for Mrs. Murphy's resignation. Mayor Armstrong told Attorney Gillespie that he might have to lean on him for a little help. -3- ~ u o Attorney Gillespie stated that he is prepared to advise the Council on what he feels is the legal position of this City Council in regards to this serious problem. He stated that he has done a certain amount of research. He explained that we must recognize that the City Council has a board of citizens constituted by the Ordinance that have been given authority by the City Council to adopt rules and regulations to govern their procedures and it is to be presumed that this board is complying with the laws of this City and carrying out its pro- cedures. They have voted based upon their own rules that a member of their board is not complying with their rules, and are requesting that that member be removed. He added that this is a serious matter of removing a citizen from a board that the Council had appointed that citizen to. The code provides clearly that you appoint these members to the boards and you appoint them for a specific term and you don't have any right arbitrarily as a Council to remove those mem- bers from that board. He stated that the code reads that members of the Board of Adjustments may be removed from office by the City Council for cause upon written charges and after a public hearing. It is up to the Council to deter- mine whether this citizen has violated certain standards established and should be removed and whether or not there is reasonable cause and belief that that person is not properly performing the duties the Council appointed the person to. He explained that the citizen has a right to be notified of the charges against that citizen and he is entitled to a formal hearing by the Council and the Council is entitled to hear all of the evidence before it is required to make a decision. He added that he thinks this should be done very carefully step by step. Councilman Dietz suggested that this hearing not be on a regular meeting night. Attorney Gillespie stated that he feels that a couple of weeks notice to the parties involved would only be fair. He also stated that the legal officer of the City should conduct this hearing so that only facts will be heard and the citizen will be spared some feelings. He added that whoever is the attorney at this time he is going to make certain that the hearing is properly conducted and the rules of evidence are followed. Tape 2A Councilman Sikes questioned if the Board of Adjustments needs to have the services of an attorney would Attorney Gillespie be available? Attorney Gillespie stated that the City Attorney would be present in the capacity to present the evidence of the board to the Council, who is sitting somewhat as a judge and jury. Councilman Sikes asked if we should suspend this board member pending the out- come of the hearing? Attorney Gillespie stated that the Council has no power to suspend the individual. Councilman Dietz asked Attorney Gillespie, since Ordinance 880 is going to be revised, would he recommend that this be toned down a little because of this situation and the problems we can get into from a belligerent member of a board? Councilman Riggs stated that instead of taking up time at this meeting,let's set a date for this hearing and take care of it all then. Attorney Gillespie stated that there shouldn't be any prejudice involved in this type of a hearing. You should just try to get the facts.' Councilman Riggs made a motion that we set the public hearing for Wednesday, March 16 at 7:30 P.M. in the Community Center, being seconded by Councilman Dietz. Attorney Gillespie explained that the individual should be notified formally of these charges and of the hearing date. Upon roll call vote on the previous motion, said motion CARRIED, 5-0. -4- Q o The City Clerk read a meeting notice of the Policy Committee of the Vo1usia Coastal Area Transportation Study on February 23, 1977 at 1:30 in the Courthouse Annex Daytona Beach. Mayor Armstrong stated that he plans to attend. The City Clerk read a letter from Attorney Gillespie in regards to his resignation which is to be effective immediately upon theCounci1 finding new Council. Councilman Sikes asked Attorney Gillespie if he would consider representing us in the two cases that we have pending, Ihe Pat Wilson case and the case of Ledbetter and Opal vs. the City. Attorney Gillespie stated that he feels that the City should give their new attorney the opportunity to determine whether or not he would want him to continue on in that capacity. He explained that the law suit is not going to take a long time to try, however he will be available to work as an associate attorney with whomever the Council hires. He urged the Council to look into finding another attorney as soon as possible. Councilman Dietz stated that each Council member should do a little research and come up with recommendations to the Council. Mayor Armstrong stated that the records should show that we accepted this but have taken no action at the present time. AUDIENCE MISCELLANEOUS: Mr. Gross was given the floor. He questioned the Council about what has been done in regard to the letter that he presented to the Council about the Chamber of Commerce. Attorney Gillespie stated that the proper way to go on this is for the City to ask the Attorney General whether or not the same standard applies to Edgewaters If the Council desires he can request such an opinion from the ,Attorney General. Councilman Sikes asked if we charge the Chamber of Commerce for the use of the room, what will we do to the Boys Scouts, the Fire Department, the Garden Club, the Edgewater Civic Association, and all of the others who meet in this building? . Attorney Gillespie stated that this question would be answered by the Attorney General, and this should be weighed before we ask for his opinion. Councilman Dietz stated that if Mr. Gross wants to make formal charges against the City, then we could go into it for research, but until formal charges are brought against the City he feels no action should be taken because this building was not built by City funds it was built by volunteer labor and given to the citizens of Edgewater to use as they see fit. Attorney Gillespie explained that if you ask for an opinion you should abide by it. ~ Mr. Lodico spoke to the Council about the different contributions that the Chamber of Commerce has been making and he does not understand why people want to pick on them. -5- o o RESOLUTIONS: RES. NO. 703 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 THEREFOR. Attorney Gillespie read the above Resolution in full. Councilwoman Webber made a motion to adopt the Resolution, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. RES. NO. 704 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 ANDPROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Gillespie read the above Resolution in full. Councilwoman Webber made a motion to adopt the Resolution, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 5-0. RES. NO. 705 A RESOLUTION DESIGNATING AND APPOINTING MARIE S. NICHOLS AND FRANCIS DIETZ AS REPRESENTATIVES OF THE CITY OF EDGEWATER, FLORIDA TO THE VOLUSIA COUNTY AREA TRANSPORTATION STUDY CITIZENS ADVISORY BOARD, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Councilwoman Webber made a motion to adopt the Resolution, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 5-0. ORDINANCES: Mayor Armstrong explained that in regard to the following Ordinance, we do have a time limit, and it must be enacted by March 1st. He explained that this Ordinance should be handled as an emergency. Councilman Dietz made a motion that we waive the second reading of this Ordinance so to meet the March 1st deadline, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. ORD. NO. 968 "AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA LEVYING AND IMPOSING UPON ALL INSURERS NOW OR HEREAFTER ENGAGING IN OR CARRYING ON THE BUSINESS OF INSURING WITH RESPECT TO CASUALTY RISKS AN EXCISE OR LICENSE TAX IN ADDITION TO ANY TAX NOW LEVIED OF 1% OF T~ GROSS AMOUNT OF RECEIPTS OR ALL PREMIUMS FROM CASUALTY INSURANCE POLICIES INSURING PROPERTY WITHIN THE MUNICIPAL LIMITS OF THE CITY OF EDGEWATER, FLORIDA, AND PROVIDING WHEN SAID TAX SHALL BE DUE AND PAYABLE. Attorney Gillespie read the above Ordinance in full. Councilman Sikes made a motion to adopt the Ordinance, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. -6- Q o OLD BUSINESS: Councilman Riggs stated that he would like the Council to consider getting rid of some of the old equipment sitting out at the garage. The City Clerk read from the list of items that Councilman Riggs is talking about, and it was decided what to do on each one of the items. It was decided to have the bids returned by April 4th on all of the items that we are going out on bids for. Mayor Armstrong explained that he spoke to Mr. Martine and Mr. Wilcox about , purchasing the concrete pipe, and what they came up with. He stated that we are talking about $12,000 or $15,000 worth of pipe. It will have to be on bids, and we can set the minimum with a unit price. Councilman Sikes asked Mayor Armstrong if he feels that we will save at this time because of the situation about 40%? Mayor Armstrong stated that he feels that we will save 75%. There was more discussion about what size pipe we need. Tape 3A Councilman Riggs made a motion that we advertise for bids on the pipe, being seconded by Councilman Dietz. The bids are to be returned 14 days after publication. Upon roll call vote said motion CARRIED, 5-0. NEW BUSINESS: The City Clerk read a letter in regard to the Proposed Organization of a Florida Community Development Association. There was discussion on this that there may be some grant money in this for the City and perhaps we should belong. It was agreed that we should try to get the information that we need on this. The City Clerk read a letter from Briely, Wild and Associates informing the City of their recommendation concerning the proposed construction over lateral 4-C-l located north of 322 North Ridgewood Avenue. Mayor Armstrong stated that he hates to see the man spend money on something that may be eliminated altogether. - Councilman Dietz stated that this was all explained to him. This is the recommendation of the engineers and the man understands it and he is willing to pay for it, then we should not hold him back. Councilman Sikes stated that this man should make a request in writing to the City and then we can act on it. He made a motion that we write a letter to this man and advise him to make his request in writing, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 5-0. The City Clerk read a bill from Attorney Gillespie in the amount of $1,168.00 for 29.2 hours. Councilman Dietz made a motion to pay the bill, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED. 5-0. Mayor Armstrong explained the situation with the roof of the Community Center. He explained that it is a badly needed repair. He explained that New Smyrna Sheet Metal has bid the job for $1,350.00. The electrical work needed will be additional cost to ~he City. He also read the bid for removing the old roof on the lower level and hauling it and install a new roof, install new flashing light, remove and reinstall air conditioning unit for $925.00. He read the bid for installing a gutter on lower level, use existing down spout for the sum of $170.00. Mayor Armstrong explained that this has been giving us some problem for a long time. -7- o o Councilman Dietz asked if this could be considered an emergency and waive going out for bids? Councilman Riggs made a motion that we go ahead and get this work done before we end up putting a whole new building up, being seconded by Councilman Dietz. x' Attorney Gillespie stated that the Council needs to determine that this is in the nature of an emergency and act first on that. He explained that the minutes should reflect that you first determined that this is something that can not wait for the procedures of submitting it to bids. That it isin the nature of an emergency and if you don't act now then it will cost the City substantially more money. The motion and the second were withdrawn. Councilman Dietz made a motion that the Council consider this an emergency situation and proceed accordingly to make the correct repairs as submitted by the bid received from New Smyrna Sheet Metal in the amount of $2,445.00, plus any addition work that has to be done to replace bad wood, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. Mayor Armstrong stated that the next item is a request for a fire hydrant by Coronado Paint. Councilman Dietz stated that in order for Coronado Paint to meet the new fire standards in the State of Florida had to put in a sprinkling system and it has to be fed by a 611 line, so what it really is is a fire plug, but instead of being hooked to a fire plug, it is hooked directly to the building and will be used for nothing else. He stated that he would like the Council's approval to put this on the same basis of a fire plug where he would pay $50.00 per year. Councilwoman Webber asked if Mr. May is agreeable to this? Councilman Dietz stated that he is. He explained that the line is already there, we had to put it in, but now we have to figure our how to charge for it. He also explained that this will not be used only in the event of a fire. _.~~~ Mayor Armstrong stated to Attorney Gillespie that the Ordinance says that the City Council has the right to enter into a contract with large users of water. He asked about us entering into a contract with Mr.May in regards to this matter. Tape 3B Councilman Sikes stated that we could put a meter on it, the meter wouldn't run and we would only collect $2.75 a month. Attorney Gillespie stated that he feels that the City could enter into a contract with Mr. May on this. Councilman Dietz made amotion that we instruct the attorney to draw up the contract, being seconded by Councilman Riggs. There was further discussion on this. Upon roll call vote said motion CARRIED, 5-0. Mayor Armstrong stated that we have a P.B.A. contract, which stipulates some holidays and sick leave and our Ordinance differs from this and we need our Ordinance brought up to date. Councilman Sikes made a motion that we instruct the attorney to draw up the appropriate Ordinance, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. -8- ~ (.) MISCELLANEOUS: Councilman Sikes stated that he would like to bring up that somewhere within the next 30 to 60 days Broward County will be advertising Grade-All tractors. They have about five of them. He explained that a friend of his bought two of them last year for $2500.00 and did minor repairs and used them for over a year and sold them for $7500.00. It might be wise to keep up with this, and think about it. Mayor Armstrong agreed with Councilman Sikes about this being something to look into. Mayor Armstrong stated that he spoke with the City Clerk about this, and he feels that the problem with the speaker system is due mostly to the fact that it is taken down and put up so often. He stated that perhaps if it was set up on the stage and not taken do\'m so much it woul d work better. He stated that he will volunteer his time to rearrange it himself if it is desirable to the Council. Councilman Dietz made a motion that we go ahead and get this done, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 5-0. Mayor Armstrong stated that we need to set a meeting to go over our retirement program. There was discussion as to how we want to go about this and whether we want different agents in on the discussion. Mayor Armstrong explained that each Council member should do some research on this and talk with someone who is knowledgable in this matter. It was agreed that we will bring this up again next Monday. The City Clerk explained that we have a check in the amount of $400.87 to be used on the docks at the boat launching area from the Salt Water Fishing Association of Southeast Volusia County. Mayor Armstrong explained that he will get in touch with the Salt Water Fishing Association and set up a Project to spend this money on. He stated that we should write' them showing our appreciation of this money. Discussion began about insurance on the dump trucks. It was agreed that we should have $250 deductible, comprehensive and liability on these trucks. Councilman Dietz stated that we all received a letter from Mr. Kuyk. Please read it before our next meeting. ADJOURNMENT: Councilman Sikes made a motion to adjourn, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. MINUTES TAKEN BY: Sue Bl ackwell Debbie Sigler ATTpT: W 9:JM.J (QQ~ City Clerk ~ Approved this 7 day of councilma7 ~977 ' M.,fj ~~ ch-~~ ~ ~ ,. , ~ GENERAL FUND: City of Edgewater WW & SS Southern Bell Florida Power & Light Williams Welding Southern Aire R.E. Morris Atlantic Office Supply INA Industrial Office Outfitters Edgewater Red & White Diversified Electronics Ropp's Automotive Electric J.E. Tumblin Agency Ryta F. l~ebber So. Bldg. Code Congress WATER AND WASTEWATER: City of Edgewater WW & SS Sout he rn Be 11 City of Edgewater Gen. Fund Edgewater Mfg. Company A-l Rent All Sears Roebuck & Company BILLS AND ACCOUNTS February 21, 1977 <J \'" City Hall, Shuflbrd., Com. Ctr. Fire, Street Street Lights, Traffic light Street Com. Ctr. P.D; City Clk. Insurance City C 1 k . City Ha 11, P.O. E.V.E.R. P.O. Workmen's camp and audit VCATS ~1eeti ng Building Official 29.85 11 2 .64 2,133.59 33.98 37.90 61.07 265. 15 2,841.00 49.99 5.35 592.69 16.00 3,279.00 10.00 15.00 9,483.21 Water Water Water and Wastewater \~a s tewa ter Water Wastewater 5.50 55.28 210.00 16.40 31.20 77 .50 395.88