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01-03-1977 - Regular Q Q CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD January 3, 1977 Tape lA 15 min. Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater to order Monday, January 3, 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 Riggs made a motion to approve the minutes of the meeting held December 20, 1976, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. BILLS AND ACCOUNTS: Mayor Armstrong read the total of the bills in the General Fund and the Water and Wastewater accounts. Councilman Dietz made a motion to pay the bills, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. COMMUNICATIONS: The City Clerk read a letter from the Board of Governors requesting that the basketball court be moved to the concrete area east of the shuffleboard courts and that it be fenced in with a ten foot high fence. Mayor Armstrong stated that this request was made a long time ago, and he thinks that the fencing was quite expensive, however the Council did agree on the relocation of the basketball courts. Councilwoman Webber brought up that the fence at the handball courts badly need to be repaired. Councilman Dietz stated that we should get a bid in writing so that we know how much money we are talking about so that we can see if we have the funds. Mayor Armstrong stated that we need to have specifications made up so that .we can go out for bids. (at this time some of the tape was missed) ~ Q Q Councilman Dietz made a motion that we are to get fence prices and discuss this at the next meeting, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. The City Clerk explained that she has a Department of Transportation questionaire in City Hall, which the Council should be thinking about and it will be on the agenda for the next meeting. The City Clerk read a letter from the Police Benevolent Association in regard to the dues going up for the members. She stated that she spoRe with Mr. Murphy about this, and the dues will go from $1.00 to $1.50 rather than from $2.00 to $3.00 as the letter states. She also said that we can not withhold an additional 50~ until we get authorization from the P.B.A. to do so. AUDIENCE MISCELLANEOUS: Mr. Fredericks inquired about the soliciting law in the City, and whether there is a time limit. Chief Baugh stated that he tells people to stop at sundown. the people to call the Police Department and see if persons registered. He added that he has not issued any soliciting October 1st. He also told soliciting were permits since Mrs. Woodard questioned members of the Council about the private line to the City Clerk's desk. Councilman Sikes explained the reason the phone was installed was so in case of an emergency people in City Hall could callout when all other lines are busy. Also when City Hall is remodeled that line will also be put on the Mayor's desk. RESOLUTIONS: RES. NO. 687 A RESOLUTION CREATING THE OFFICE OF UTILITIES DIRECTOR, HEAD OF WASTEWATER AND WATER TREATMENT FACILITIES, APPOINTING DON KUYK AS DIRECTOR THEREOF AND ESTABLISHING A SALARY FOR THE OFFICE AND PROVIDING AN EFFECTIVE DATE. Attorney Gillespie read the Resolution. Councilman Dietz made a motion to adopt the Resolution', being seconded by Councilman Sikes. After much discussion which was missed by the tape, said motion CARRIED, 4-1. Mayor Armstrong voting NO. RES. NO. 688 A RESOLUTION APPOINTING JOE TROUTNER TO THE BOARD OF ADJUSTMENTS AND APPEALS, SETTING FORTH THE TERM AND PROVIDING AN EFFECTIVE DATE. Attorney Gillespie read the Resolution. Councilman Dietz made a motion to adopt the Resolution, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. Attorney Gillespie stated that before he reads the next Resolution he would like to explain that at the last.meeting there was a lot of discussion about weighing the value of points to be assigned to employees who have put in a lot more time than others in regard to a bonus. He said that he got together with Mr. Sikes and came up with a formula which seems to be fair to all the employees. He suggested that Mr. Sikes be given the floor to explain this formula. -2- o o Councilman Sikes explained how he derived at the formula which the attorney mentioned. We have 46 City employees and if we take the number of years they all have served the City, and using the $7100 figure, each point will be worth $32.13. He explained how we could allow one more point for each year of service after ten years of employment and 1 1/2 additional points for each year of service after fifteen years of employment. Mayor Armstrong questioned whether the social security or workmen1s compen- sation was considered when figuring this out? If we pay them this now and at the end of the fiscal year we will have to pick up the tab for the fringe benefits, and we are not talking about $7,000; we are talking about $9,000. Councilman Sikes stated that the only additional expense will be the social security. Mayor Armstrong stated that workman's compensation is any money paid to an employee, whatever it is. Councilman Dietz stated that this money was received for the benefit of everybody involved, and we have many things in this City that are going wanting for repair, updating and so on. He stated that the citizens of this town should benefit if we spend this money in a fashion where they would have something coming, and not just the employees. Mayor Armstrong stated that he agrees, however we did not give the employees a cost of living increase because we did not have the money. The employees are actually the backbone of the City; we wouldn't collect the water, the sewer or the garbage unless they did the work. They contribute to the welfare of the community. Councilman Dietz stated that in April we are obligated to come up with either a cost of living increase or some type of retirement plan and this is going to cost the City a lot of money. We have to come to our senses and stop giving our money away. Mayor Armstrong stated that this is money that has to be used within the six month's period of time and can not be used to create a surplus that you will use later. Councilwoman Webber stated that she and the City Clerk and we will learn more about this money and how it can that we table this until we find out more about this. we table this until they have found out more about it, Councilman Dietz. are going to a 'seminar be used, and'she asked She made a motion that being seconded by Mrs. Walker spoke to the Council again about the employees needi,ng raises. Councilman Sikes stated that this anti recession money was issued by the government so that it would get into the hands of the people and would be spent immediately and the intention is to come back within a ninety day period of time and fund us with additional money. We should fbllow..the intent of the government. He added that he will go along with the Council to table this, however he wants to make sure that it is on the agenda for our next meeting. At this time there were several comments made from the audience :about the employees deserving the money. Upon roll call vote on the previous motion, said motion CARRIED, 5-0. Attorney Gillespie stated that the next Resolution is one that he requests that the Council consider in regard to an assistant to relieve him in the event he has to be absent from his duties. RES. NO. 689 A RESOLUTION APPOINTING JUDSON I. WOODS, JR. AS ASSISTANT CITY ATTORNEY FOR THE CITY OF EDGEWATER, FLORIDA, SETTING FORTH THE TERMS OF HIS REMUNERATION, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. 3 o o Attorney Gillespie read the Resolution in full. Councilman Dietz made a motion to adopt the Resolution, being seconded by Councilwoman Webber. Councilman Dietz questioned whether the City has to pay the assistant $40.00 plus Attorney Gillespie's retainer? Tape 2A Attorney Gillespie stated that he feels that the City should. He added that he does not feel that if he happens to be sick one night and someone sits in for him that he should give a fourth of his retainer fee. After some dis- cussion from the audience, he added that he thinks he might have to be in the hospital in the next few weeks, and he is willing to turn this job over to whomever the Council wants. However the City needs an assistant in the event something happens that legal advice is needed while he is not here. Mayor Armstrong stated that we have a Resolution on record that appoints a Mr. Davis as assistant City Attorney, and as far as he knows that Resolution was never rescinded. Attorney Gillespie stated that he was not aware that Mr. Davis was assistant City Attorney. If the Council wishes this man may be kept, however this Resolution -if passed will rescind the one appointing Mr. Davis. Upon roll call vote on the previous motion, said motion CARRIED, 5-0. Attorney Gillespie stated that the next Resolution is in blank and is about a killowatt generator, and he will wait until the explanation is made and then fill in the blanks. Mr. Fernandez was given the floor. He stated that per directions from the Council he requested a price from Marine Industrial Equipment Corp. on a 100 killowatt generator. The price given was $13,325.00, which is about $28.00 lower than the other bids on this size unit. He recommended that these figures be used in the Resolution. Mayor Armstrong stated that we advertised for bids for a 75 KW, and we got one bid that bid 100 KW, this one we are looking at now did not originally bid on a 100 KW, however have sent in another proposal. He asked if we are accepting the low bid and trading it for the 100 KW? Attorney Gillespie stated that he feels that this is not in the spirit of the bid system if you decide to purchase something other than what you went out for bids on. He suggested that the City stick to the original piece of equipment or throw all of the bids out and start allover again. Councilman Dietz made a motion that the Council reject all bids received and readvertise for bids on a 100 KW, hen trailer mounted, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 5-0. It was agreed that the bids should be back by January 24th. Councilman Dietz made a motion that the bids are to be back by the 24th of January, 4:00 P.M. in the City Clerk1s office, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. 5-0. ORDINANCES: None -4- ~ Q o OLD BUSINESS: The City Clerk stated that we have five bids returned on the Library con- struction. She opened the bids and read the figures to the Council. Councilman Dietz made a motion that we table these bids and turn them over to Councilman Riggs to get with the Library Board to come up with a recom- mendation for the Council, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. Tape 2B Councilman Riggs stated that he has tried several times to get in touch with someone in New Smyrna in regard to the Garbage and trash disposal and is not getting anywhere. Mayor Armstrong suggested that we write the acting City Manager a letter so that we have something on file. Mr. Fernandez stated that he contacted Tomoka and they will accept the contract as written last spring with the same rate and terms. There was some discussion as to what we might find out from New Smyrna. Councilman Dietz stated that he can not see dragging this out, we are going to loose $29,000 like we lost on the Sewer Plant because we were too gready and wouldn't take it at the start. That cost the citizens of this town $29,000, and we don't want to do that again. Something has to be done by April. Councilman Dietz made a motion that we instruct the attorney to draw up a Resolution for our next meeting accepting the bid of Tomoka Refuse Company for the garbage and trash pick up for the City of Edgewater for a contract bid of five years, also that we instruct the City Clerk to write a letter to the acting City Manager of New Smyrna Beach as to what kind of deal they will make us to use their compactor to haul our garbage and trash on a five year contract, being seconded by Councilman Sikes. There were a couple of questions about this action, one question being if we have to enter into a five year contract. Mayor Armstrong stated that he wants to keep it if we can possibly do it, and to enter into a five year contract isn't to be taken lightly. Councilman Sikes stated that we are not doing this in haste, we have been discussing it since last March. Upon roll call vote on the previous motion, said motion CARRIED, 4-1. Mayor Armstrong voting NO. Councilwoman Webber stated that the fruit stand by Winn Dixie is becoming an eyesore. They are now selling bed pillows, and have signs plastered allover the highway. She stated that she thought she asked Mr. Gillespie to research this for us. Attorney Gillespie stated that he will research this further and have an answer for the Council. NEW BUSINESS: Councilman Dietz stated that if he remembers right the coordinators were appointed on a yearly basis and we have not reappointed them this year. He said that we should instruct the attorney to draw up a Resolution on this. If no one else would rather have it, he will go back to the Water and Sewer Department. Councilwoman Webber asked Mayor Armstrong if this is the way to do this? -5- ~ ~ ( o o Mayor Armstrong stated that he does not agree with the coordinator system because he thinks that it is changing the type of government. He added that he will go along with the Council IS desires, however he thinks that each of the Council members are in charge of each department, and we have a special responsibility to our district which we were running from. Councilman Sikes stated that he will continue on as coordinating the admin- istration, and represent the City Hall employees. Councilwoman Webber stated that she will'continue with the department she has. Councilman Riggs stated that it is up to the Council Councilman Dietz stated that he knows that there has been some unhappiness with the Street Department employees. He stated that the coordinator system was set up only for the Council members to work with the superintendent as coordinator, and bring to the Council the problems in the departments. The Street Department got a little bit out of hand and the boys are a little unhappy about it. They are compatible with Mr. Riggs, and if he would take that department it would be an asset to the City, and the employees will be much happier. Councilman Riggs stated wherever the Council decides that he will fit in best is where he will go. Mayor Armstrong stated that he has no comment. Attorney Gillespie stated that if someone tells him who goes where he will get it down for the Resolution. Mayor Armstrong stated that Mr. Dietz appointed himself to the Water and Sewer Department, Mr. Sikes appointed himself to City Hall, Mrs. Webber appointed herself to the Police Department, Fire Department and Rescue, and Mr. Riggs was appointed to the Street Department. Mayor Armstrong stated that he works for all of the departments, and he does not know of any of them that are mad at him. Councilman Dietz stated that we have another department, it is the Park Pier, Library and Recreation, and if the Mayor will be so kind as to accept this it will relieve this responsibility from the other Councilmen. He asked the Mayor if he will accept this department. Mayor Armstrong stated that he accepts all of the departments. Councilman Dietz made a motion that the attorney draw up a Resolution to this effect, being seconded by Councilwoman Webber. There was some discussion with the audience as to how the coordinating system should work out. Upon roll call vote on the motion, said motion CARRIED, 4-1. Mayor Armstrong voting NO. Councilman Dietz stated that Mr. Martine told him that Bobby McFarland was going to quit, because he could get more money somewhere else. He told Mr. Martine to get an evaluation sheet from the City Clerk and fill it out for the City Council. The City Clerk stated that Mr. Martine wanted Mr. McFarland reclassified from Equipment Operator 1, Step C, to Equipment Operator 2, Step C, which will raise him from $3.11 an hour to $3.60 an hour. This man's last raise was in October of 1975. Tape 3A Councilman Dietz made a motion that we grant this raise, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. -6- o o Mayor Armstrong stated that he got together with Mr. Christy about Mr. Karditzas remodeling the rescue room. He said that for the price of $1,289 to furnish all the materials and labor, excluding electrical work and any carpet, there is no way the City could do this with help. This is the cheapest that this could be done. Councilwoman Webber made a motion that we accept the bid from Mr. Karditzas of Kard Construction Company for remodeling the rescue room in the amount of $1~289, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 5-0. MISCELLANEOUS: Councilman Sikes stated that we should get started in moving the Building Inspectors out of the Mayor's office. We could wait with the other relocating until we decide what we are going to do as far as new equipment for the Water Department. He made a motion that we instruct the Building Inspector to proceed and present to us the intentions as to how he expects to utilize and remodel those two front offices which were used by the Police Depart- ment, being seconded by Councilman Dietz. Councilwoman Webber questioned why the Building Inspectors need two offices? There was some conversation about this, and what might be done. Upon roll call vote on the motion, said motion CARRIED, 5-0. Councilman Sikes asked Attorney Gillespie if he is prepared for the hearing tomorrow on the suit against the City? Attorney Gillespie stated that he has researched this, and tomorrow is just a pre trial conference to determine what should be tried by the Court. He stated that he feels that the City is not in bad shape in this case, the expense is something that the City will have to bear, and he is trying to limit his time because he doesn't feel that it should merit substantial litigation. The Court costs however can not be controlled. He stated that he was in the State Legislation when the Home Rule Act became law and he thinks he knows what they were voting on, and he thinks that the intent of the Le~islature was to create a Home Rule power in the Cities, and he believes that is what the Court will find. Councilman Sikes questioned if in this case it is ruled in favor of the City, is there a chance of us getting any of our monies back? Attorney Gillespie stated any money paid to attorney fees is lost, however the Court costs are assessed to the losing party. Councilwoman Webber stated that the Police Department has asked for $75.00 for Education fees for three members of the department. Chief Baugh explained that this is for the Intermediate course in Florida Police Standards and Training. Mayor Armstrong recommended that this request be granted. Councilwoman Webber made this in the form of a motion, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. The City Clerk stated that she understood that there was some question about the bad debts last week and Mr. Sikes was to get the rates. She read the list of rates to the Council. There was some discussion with the attorney about this, and whether a City can do this. -7- Q o ~ Attorney Gillespie stated that it will probably be the municipal function to institute action against people who owe them money. that he will research this, and compare with other Cities to see do this. Council I s He stated if they The City Clerk stated that at the last meeting there was some question about the Federal Revenue Sharing. She said that she does not understand why there was any question, the bank account has never been closed. She stated that she was told not to invest the money as soon as it came in because there might be some expenditures from it. Presently there is some $60,000 in ,it, we have $26,200 out on a certificate of deposit; we have around $60,000 coming back into that account once the Farmers Home program is finished and)the bonds are sold, so altogether there is roughly $150,000. Mayor Armstrong stated that it wasn't as much a question as to the account being closed as to how it was allotted by Ordinance and by priority. He stated that he said that the Federal Revenue Construction account was closed out. The City Clerk stated that we have never had a Federal Revenue Construction account, we have had a Waterworks and Sewer System Construction account and we closed that before we started this project and then reopened it. There was discussion as to how this money was allocated. The City Clerk stated that she would like to know what to tell the Acting City Manager. Mayor Armstrong explained that we want to let them know that we are closing our landfill and we are pressed for some way to handle our solid waste, and if they are interested, we would like to have some type of rates and so forth. Mayor Armstrong stated that he is completely confused as to what is obligated where, and we need a schedule to show this. Councilman Dietz stated that he agrees with this, and he asked the City Clerk if she could get a schedule for the Council. There was discussion about using this money for the Water expansion. Councilman Dietz stated that he and Mr. Kuyk are working on a plan right now for using this money for line extensions where we can pick up enough impact fees to off set the extensions. Mayor Armstrong stated that he lives in the middle of the City and does not have water or sewerage, they can run the lines by his house. He will pay for all of the materials and see that it is done according to specification for a waiver of the impact fee, or he will pay the impact fee and let the City pay for all of the materials. There was discussion as to whether the City can force the people to connect to the water and pay the impact fee. ADJOURNMENT: Councilman Sikes made a motion to adjourn, being seconded ~y Councilwoman Webber. Said motion CARRIED. MINUTES TAKEN BY: Sue Bl ackwe 11 Debbie Sigler . ~ 7 CfuAIW' Coun 1 woman i,.., -" ~ e GP~lIj Councilmqp7 v ~ j/~L / AA~ f ~/ {/ -8- o o Approved this tk / /) day of Janua ry, 1977. ~~ _" /J --- Mayor :..T V/~??4"~~ -9- GENERAL rUND: City of Edgewater WW & SS Cify cf Edgewater Gen. Fund News Journal Corp. Larry Gibson Larry Westfall Gladys Davis Michael Hughes Public Gas Paul Loeffler Edgewater Electric American Hardware IBM R.E. Morris National Chemsearch Wickes Corp. Brown's Air Condo Scotty I s Smyrna Auto Parts Electrical Construction Ropp's Automotive New Smyrna Builders Supply Gray Durg Stores WATER AND WASTEWATER: City of Edgewater WW & SS City of Edgewater Gen. Fund American Hardware A-l Rent All New Smyrna Builders Supply Smyrna Auto Parts o BJLLS ANn ACCOUNTS January 3, 1977 Street, Ball pk. Petty Cash Boards P.O. P.O. Witness Fee Witness Fee Street P .0. (new b 1 dg . ) P.O. (new bldg.) City Hall, P.O., Street Boards Street Street P.D.(new bldg.) P .0. (new b 1 dg . ) P .0. (new b 1 dg . ) Street, Garb., Landfill P.O. Street Com. Ctr., P.O. P.O. Wastewater Water Water and Wastewater Water Wastewater Water " 7.70 28.07 10.50 2.23 21 . 11 5.00 5.00 21.00 120.00 875.00 60.94 126.44 15.71 1 68 . 18 7.74 875.00 55.45 46.77 177 .35 22.50 73.07 12.57 2,737.33 7.70 200.00 97.43 9.00 17.27 44.41 375.81