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01-17-1977 - Regular Q o CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD January 17, 1977 Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater to order Monday, January 17, 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 Excused Present Present Excused Present Present INVOCATION: SALUTE TO FLAG: APPROVAL OF MINUTES: None BILLS AND ACCOUNTS: Councilman Dietz made a motion to pay the bills, being seconded by Councilman Sikes. The City Clerk answered several questions about the insurance bill. Councilwoman Webber answered a question about the bill from Sirchie. Councilman Dietz answered questions about the bill from Motorola. Upon roll call vote said motion CARRIED, 3-1. Mayor Armstrong voting NO, stating that there are a lot of the bills that he doesn't know anything about. COMMUNICATIONS: The City Clerk read a letter from the Zoning Board in regards to the result of a Public Hearing which was held January 11, 1977 on rezoning a certain area in the City of Edgewater. Mayor Armstrong stated that there is a technicality involved with the vote that was taken, because the chairman of the Zoning Board did not vote yes or no and he did not sign an affidavit for conflict of interest. He stated that he believes that the state law says that you have to vote one way or the other or file an affidavit for conflict of interest. Councilwoman Webber stated that she believes that the chairman of the board was under the impression that he was only suppose to vote in the event of a tie. She stated that this should be clarified. u o Mayor Armstrong stated that the chairman of the board is not appointed as the chairman, he is appointed as a member of the board, and was elected as chairman by his own membership, makes him a voting member of the board. His ~bstaining from voting does not comply with the State law. Councilwoman Webber stated that she does not think that he knows this. Mayor Armstrong recommended that we refer this to the attorney to draw up a Resolution on the variance but call this to his attention and ask his opinion before the Resolution is drawn. Councilman Dietz made a motion that we accept the recommendation of the Zoning Board, with the stipulation that the attorney will give us an opinion as to the legality of the chairman voting, and if he finds nothing wrong with the chairman ~pstaining to go ahead and draw up the Ordinance and to instruct the City Clerk to advertise in the proper manner, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED,4-0. The City Clerk read a letter from the Board of Adjustments in regard to the results of a public hearing held January 12, 1977 on a variance for Mr. and Mrs. Schnore. Councilman Sikes made a motion that we accept the recommendation of the Board of Adjustments and approve the variance granted to Mr. and Mrs. Schnore at their Lot 6, Block E, Highland Shores property and that we prepare a Resolution for our next meeting, being seconded by Councilwoman Webber. The City Clerk read the Water and Wastewater Operation and Maintenance Budget Report. AUDIENCE MISCELLANEOUS: Mayor Armstrong explained that we have te~tively awarded the bid of Harris Builders the contract on the Library addition, and it was brought to his attention that they referred to make a revenue certificate deposit making the City beneficiary on it for the duration of the contract, and as far as he is concerned, if this is prepared by the attorney and complies with all of the rules and regulations it would be proper. Councilman Sikes exolained that if it is a time certificate or a certificate of deposit it is not assignable, but if it would be a passbook savings type of a document it could be assignable. We should leave this up to our attorney. Councilman Sikes made a motion that we authorize our attorney to prepare the necessary document to secure a cash bond from Harris Builders of Volusia County, Inc. to take the place of a performance bond as required under con- tract for construction at the Library, being seconded by Councilwoman Webber, Upon roll call vote said motion CARRIED, 4-0. RESOLUTIONS: RES. NO. 693 A RESOLUTION APPOINTING WILLIAM KAY TO THE MERIT BOARD, SETTING FORTH HIS TERM AND PROVIDING AN EFFECTIVE DATE THEREFOR. The City Clerk read the Resolution in full. Councilman Dietz made a motion to adopt the Resolution, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 4-0. -2- o o RES. NO. 694 Tape lB Before this Resolution was read, the City Clerk read the contract and the paperwork from the Division of Forestry. Mayor Armstrong stated that he agrees with some of this, but the part that says that we will go to Deland or Pierson or anywhere in this County if called, he can not agree with. Maybe within a mile of this area or if life and limb is in danger as far as Oak Hill, yes. Councilman Dietz stated that he does not see how it would hurt us in the case of an emergency to help. He stated that he wants to remind us that not too long ago we had fire departments from Bunnell, Titusville and all over. Mayor Armstrong stated that if Deland or Pierson or anywhere there was a fire like that he would say go. Councilman Sikes asked if our Volunteer Fire Department wants to go along with this. Councilwoman Webber stated that they now have a enter city agreement whereby the other cities will come to our fires and we will go to theirs. This is only a hanger to hold the water that will supply the water to the trucks, and if we had had this over at our fire we wouldn't have had to depend on the other cities so much. She added that this is a Federal Grant given to us free of charge through the officers of the State and Federal Government through the Forestry Department and will be used until it is no longer feasible for us to use it. She can not see any reason objecting to this when it is free of charge to us. After further discussion on this, Councilman Dietz made a motion that we accept the conditions on the contract, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 3-1. Mayor Armstrong voting NO. RES. NO. 694 A RESOLUTION AUTHORIZING THE MAYOR AND THE CITY CLERK OF THE CITY OF EDGEWATER TO ENTER INTO A CONTRACT WITH THE DIVISION OF FORESTRY FOR THE USE OF A TRUCK, REPEALING All RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. The City Clerk read the Resolution in full. Councilman Dietz made a motion that we adopt this Resolution, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 3-1. Mayor Armstrong voting NO. There was some conversation about the insurance involved in this. ORDINANCES: None OLD BUSINESS: Mayor Armstrong stated that Res. No. 692 in regard to awarding the contract for Edgewater's garbage collection to Tomoka Refuse was tabled last week because we were waiting on a letter from the City of New Smyrna Beach. He read the letter which was received from New Smyrna stating that they would perform the service at the rate of $3.00 per cubic yard. Mayor Armstrong stated that he has checked on this. The trucks that we have can not hold more than 20 cubic yards because it falls dOWD. On Monday they have two loads (40 cubic yards), on Tuesday one load, on Thursday they have two and on Friday, one again, (120 total yards per week). -3- o o There was discussion about the trash, which is over and above these loads. Councilman Dietz stated that we have an Ordinance now which reads that there will be an extra charge for picking up certain trash anyway. We could still carry this out if our contractor won't: Tape 2A The budget figures were discussed. It was agreed that we would be paying $37,000 more for what we are now doing for the privilege of dumping ourselves, less the $12,000 which was budgeted for the maintenance of the dump. Mayor Armstrong stated that from past experience we know that the front end loader has run us into the money, so we can eliminate about $15,000 a year on this cost. Councilman Dietz stated that excludinq the money that we appropriated in the budget for the maintenance of the dump and going on the figures on the contract that New Smyrna Beach is willing to offer us, it would cost the City of Edge- water $112,440. a year to pick up garbage and trash, which far exceeds any bid that we received. After more discussion, it was figured out that the City would save $7,208. per year on insurance and workmen's compensation by eliminating the employees over and above the wages. If we put those men in another department the percentage of their workmen's compensation would be less. Councilman Sikes stated that if we had no one picking up our garbage and trash we could contract it out and collect more each month than what they will be charging us. There was more discussion about the trucks having to be replaced soon, which is going to be another expense. Councilman Sikes questioned that if we were to haul to New Smyrna we would have to maintain the same number of people, getting by with the trucks that we have, but we will have to come up with $37,440 based on what we are now hauling. What would we have to increase our monthly rate to to come up with this money? Councilman Dietz stated we will have to raise our rates approximately $1.00 more. He added that we have a lot of work left to do at the land- fill, and we don't know when we are going to get done. There was discussion about burning our trash once a month. Mayor Armstrong stated that permits are being given to do this. Councilman Dietz stated that it wouldn1t matter even if we could burn it, we will still have to raise our rates at least $1.00 to break even. Mayor Armstrong stated that he kno'1s that the people of Edgewater as a whole vmnt to keep the full control of the garbage and trash collection. There was more discussion about the fact that we will have to raise the rates even if we haul to New Smyrna and burn our own trash. There were several comments from the audience about this, and the Council answered several questions from members of the audience. Tape 2B The Council went over the items on the contract from Tomoka Refuse. -4- o o There was discussion about the expenses we incur having our own garbage vehicles, and the cost of replacing these trucks when necessary. Tape 3A Councilman Dietz stated that he feels that we won1t have to raise our rates one cent in five years if we go into this contract, that is if we maintain the 5%, but if Tomoka goes up or the cost of dumping goes up we will have to cover that. He added that he will make the prediction that if we award this contract for the first three months we are going to get all kinds of complaints because the people who are against this are going to fight it, but in the over all period of the five years it will work out beautifully. Mayor Armstrong stated that a five year contract is a five year contract and we can't get out of it. Councilman Sikes stated that at the end of a five year period of time we will know more of what will be required of us because the government has to do something about the landfill areas, because allover the State of Florida they are having the same problems. Councilwoman Webber stated that perhaps by that time the County will have a plan into effect also. There was a question about the information Attorney Gillespie was to get in regard to this. Mayor Armstrong explained that Attorney Gillespie is out of town due to illness and he will be back for our next meeting. There was quite a bit of further discussion and opinions expressed in regard to this problem. Councilman Dietz made a motion that we instruct the Mayor and City Clerk to enter into a contract with Tomoka Refuse for the contract of picking up garbage and trash as drawn up by Briley, Wild and Associates providing that the Attorney studies the contract and sees that it is still valid and gives them an o.k. on the contract, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 3-1. Mayor Armstrong voting NO. Mayor Armstrong stated that we have an invoice that we have been holding from Chesterfield Chemical Company for five gallons for crack sealing cement. He said that he spoke to' a man from this company stating that we didn't need any of this, however he called Mr. Martine and got an order placed. We have already paid the freight on this, however it has never been opened, but they are wanting the money for it. Councilman Sikes stated that he feels that if we don't want this, we should send them a letter that it is here and upon them sending us the money back for the freight that we will send it back to them. He stated that he is making Tape 3B this as a motion, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 4-0. Mayor Armstrong stated that the next item is how to spend the anti-recession funds. Councilman Dietz made a motion to table this until next week, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0. NEW BUSINESS: Councilman Sikes stated that we need to advertise for group retirement. He ~/ff~ made a motion that we will put an ad in the paper to be returned ~r~ that we are looking at proposals for group retirement plan for the City of Edgewater, being seconded by Councilman Dietz. -5- o o He stated that we don't really want to go out for bids, we want to look at proposals to decide what we want, then we can go out for bids.- There was discussion on this and it was decided to change the return date to February 15th. Upon roll call on the motion, said motion CARRIED, 4-0. The next item is a bill from Joann Sikes for the work she has done at the new Police Station. It was agreed that $50.00 should be appropriate. Councilman Dietz made a motion that we pay her $50.00, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0. Mayor Armstrong stated that Robert Hammond is applying for a license for a service and repair shop. The Council began discussion on this. The City Clerk told them that the Zoning Board is having a special meeting this week. Councilman Sikes made a motion that we refer this to the Zoning Board for their special meeting, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 4-0. Tape 4A Councilman Dietz stated that we either have to hire a girl in the Water Department or buy a computer. Councilwoman Webber stated that we have all looked at the computer, and she doesn't think there is any question in anyone1s mind as to the com- petency of it and rather than hire a girl temporarily we should make up our minds about the computer and get into it immediately. Councilman Dietz stated that we know we have to replace the machine that we have and if we do this and hire a girl it will cost us $21,000. We know that the computer will cost us $28,000 for the hardware plus $7,000 to program it, which will be $35,000. He added that two girls without hiring a new girl could work the computer, because it is not a full time job. Mayor Armstrong stated that the order of business now is hiring a new girl in the Water Department, if we buy a computer later we will have to lay some- one off. Right now we need another girl in that department. The City Clerk was asked who she recommends. She stated that out of the five applications that she received, she would recommend Karen Rickelman. There were comments from the audience about hiring families, and that other people in the City needing jobs. Councilman Dietz stated that we are going by qualifications. The Mayor and Council members looked over the applications. Mrs. Opal stated that her sister lives in Edgewater, and put in an application. Why didnt they consider it? Councilman Dietz stated conflict of interest. It was asked if this was put in the paper? Councilman Dietz stated that we specifically didn't want to put it in the paper. Mr. Fredericks complained that the citizens don't know what is going on until you read it in the paper after the meeting. -6- o o Councilman Dietz stated that we are hiring a girl, we are not trying to change the attitude of the City. We are trying to get someone who will be compatible and able to do a job. There is no conflict of interest, this girl will work in the utilities department, replacing a girl who has been here 19 years. He read the qualifications of the applicant. He added that the City Clerk has been working with people long enough to know someone who would be good for the City, not someone who will be detrimental or harmful, and we are interested in good labor. Mrs. Opal asked why a husband and wife should work together for the City? Councilman Dietz stated that there is no law against it. Mrs. Opal stated that it is sick. Councilman Dietz stated that everybody doesn't feel like you do, there are some good people in this world. Mrs. Opal asked if he was insulting her and telling her that she is no good? She told him not to tell her she is no good, because he is the one that is no good, and saying bastard, she returned to her seat. There was much confusion at this time, Councilman Dietz and Mrs. Opal were talking at the same time. Councilman Dietz told Mrs. Opal to sit herself back down. Mayor Armstrong called for order. Councilman Dietz stated that the people have no business interferring with the City business. This has got out of hand and we have Ordinances pertaining to this. The conversation began again about the applications. The City Clerk stated that the reason she recommended this application over the other one is that the other girl had not worked from 1950 until 1975, she worked from 1975 to April of 1976 as a clerk and is now working in Daytona doing billing, book- keeping and answers the phone. She stated that Mrs. Rickelman was layed off from First Federal in April of 1976 as head teller. She read some more from the applications. Councilwoman Webber asked if these things will help in the Water Department? The City Clerk stated that it will help considerably, and it would also mean that in pinches, if Betty is sick, she could do payroll. Councilwoman Webber stated that she understood that we are not going to keep her on, this is only temporary. Councilman Dietz stated that this girl has had experience working a mini com- puter. Councilman Sikes stated that right now we are replacing a girl and we have not voted on a computer yet. Councilwoman Webber stated that she doesn't think that we have to replace a girl. She added that if we go ahead with the computer we would not have to replace a girl. Councilman Dietz stated that we have to replace the girl because one girl can not do all of this work, we are getting behind in our work. The billing has to be kept up. Councilwoman Webber stated that if we hire someone we should make it clear to them that they will work only until this computer thing comes through. -7- o o Councilman Dietz stated that possibly this girl could replace someone else. Councilwoman Webber stated that she hates to see a person who has been working for the City any length being layed off to keep a new person in. Councilman Sikes stated that he feels that when we go on computer that we will find that we won't lay anyone off. The capabilities of getting more reports done and done on time and you will be able to take on a lot more work without hiring anyone for a long time. Councilwoman Webber stated that she thinks if we are going to keep the same number of people we have here and put a computer in too, she can't see the sense of getting the computer. Councilman Sikes stated that more work is coming in, and will be coming in. Councilwoman Webber stated that she will be agreeable with putting someone in the job just until the computer is workable. Councilman Dietz stated that we don't know what the computer is going to replace yet, and we don't know whether we are going to buy the computer, because we have to withdraw funds from Federal Revenue and to do that it takes an Ordinance to reappropriate, and it will be more than two months to get this money. Councilwoman Webber stated again that if we are hiring someone, let's hire them with the understanding that they are to work just until this program is put into effect, or we will have to pay unemployment for them. Mayor Armstrong stated that we have to have another girl in the Water Depart- ment computer or no computer, and he agrees that we shouldn't hire someone to go to work and put in a computer next month and layoff one of the girls that we have and keep the one we just hired. The City Clerk stated that this is stipulated in the Merit Ordinance. After more conversation, Councilman Dietz made a motion that on the recom- mendation of the City Clerk that we hire Karen Rickelman for the position of Water and Sewer clerk in the Water and Sewer Department, being seconded by Councilman Sikes. Upon roll call vote said motion DIED, Councilwoman Webber, and Mayor Armstrong voting NO. Mayor Armstrong stated that we have an employee in the Garbage Department who is off just about every Monday, which creates an inconvenience with the other men in the department, because Monday is a heavy garbage day. Something has to be done about this, because he is abusing our sick leave program. He stated that he would like the Council to think about this and come up with what we are going to require of the people who take off time saying that they are sick. Councilman Dietz stated that this should be the responsibility of the super- visor and the coordinator of the department. In this case, we should have the City Clerk inform the supervisor to draw up an evaluation sheet on this man and bring it before the Council at the next meeting. Councilman Sikes asked Mr. Leoffler about the house being built at the old Fuller crab plant, and if it meets all of the setback requirements. Mr. Leoffler stated that he does meet all of the setback requirements. He explained what the requirements are. Mayor Armstrong stated that he will look into this and have a report back to the Council at our next meeting. -8- (J o Mayor Armstrong stated that there is a new house on the corner of 18th and Orange Tree Drive, they put in three driveways and no culverts at all. Mr. Loeffler stated that he told this man about this. Councilwoman Webber stated that she spoke to Joe Benedict and he has gotten together with Dr. Kelly and Dr. Kelly is very much in favor of having an upgrading of the Clark-Dietz report. It is going to the Council at a work- shop session and they are going to push it through. ADJOURNMENT: Councilman Sikes made a motion to adjourn, being seconded by Councilman Dietz. Said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler ~~7 Ma or ~z:?- Cou nd woman ~ ~~/~~.-a~" - ;/~$ ,/ VJ/J ?~ 96w ~Ldj (lity C1 erk this Sf ~ay of , 1 977 . ~j ~ A /.~/?4'7.?-~ ~d~~ Ma or t' f - c/?~--- ^ o /) /nh ~ /-/ ;; CI (j ATTEST: Co ...-- -9- o GENERAL FUND: Dana T. Armstrong Calvin R. Dietz Oasis Car Wash City of Edgewater WW & SS Southern Bell Florida Power & Light Callaghan & Company J.E. Tumblin Agency News & Observer A.D. Karditzas Larry Gibson Mike Wolf May, Zima & Company Safeguard Business Systems Standard Oil Company Case Power & Equipment Electrical Construction Frank Hall Plumbing Co. Transtat Equipment Inc. Sirchie Finger Print Lab. Fla. Fire and Safety Supply J.J. Vaughn Ford-Mercury Edgewater Tractor & Hydraulic WATER AND WASTEWATER: City of Edgewater Southern Bell Florida Power & Light News & Observer Scientific Products Electra-Tronics, Inc. Standard Oil Company Frank Hall Plumbing Flamingo Springs Water Co. Motorola, Inc. u BILLS AND ACCOUNTS January 17,1977 Mileage Mileage P.O. City Hall, Com. Ctr., Shuflbrd. Fire, Street Street lites, Traffic lite, P & P, City Hall Legal Automobile Renewal Boards Rescue and C.D. Street P.O. Aud itor Payroll checks (Misc.) Street Street Library P.O. Garbage P.O. C.D., P.O. P.O. Garbage Water Water Water and Wastewater Water and Wastewater Wastewater Water Wastewater Water Wastewater Water and Wastewater 17.00 17.00 24.00 30.95 215.79 2,797.18 79.00 14,218.00 4.00 489.00 24.50 5.78 3,000.00 69.22 1,450.38 59.05 35.21 21.63 75.66 259.87 56.55 39.95 30.00 23,019.72 5.50 60.30 1,545.42 11 .20 77 .57 36.46 14.01 41.50 4.80 490.00 2,286.76