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12-20-1976 - Regular - \ o o CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD December 20, 1976 Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater to order Monday, December 20, 1976 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 A,' m"1,f,?',~J t~;';\:. ,.~~, , "i1 ;)~I l'f.;: (" ';i 'f' n IU/~'&' 8 eu INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES: Councilman Dietz made a motion to accept the minutes of the meeting held November 30, 1976, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 5-0. BILLS AND ACCOUNTS: Mayor Armstrong read the totals of the bills and accounts. The City Clerk stated that there is an addition to the General Fund. Mileage for Mr. Dietz in the amount of $35.20 for three trips. The total now being $3,200.09. Some questions from the audience were answered on the general fund and the water and wastewater accounts. Councilwoman Webber made a motion to pay the bills, being seconded by Council- man Dietz. Upon roll call vote said motion CARRIED, 5-0. Mayor Armstrong explained the bill in capital improvements. Councilman Riggs made a motion to pay the bill, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. COMMUNICATIONS: General Fund Budget Report The City Clerk read a letter from VCOG in regard to the Vol usia Council of Governments I Water Quality Management Planning Program being in the process of assessing the best institutional methods for implementing the technical portions of the 208 plan. A lengthly questionaire was attached, which will be on file in City Hall for anyone who is interested. , Q o The City Clerk read a letter from the American Heart Association asking for permission to conduct the 1977 Heart Fund Campaign in Edgewater. The drive will be held during the first two weeks in February, 1977. Mayor Armstrong stated that he does not believe that the Heart Fund is covered in the Ordinance that we presently have, so it will be a matter of writing a letter to notify them to register with the Police Department. The City Clerk stated that she would send such a letter. AUDIENCE MISCELLANEOUS: None RESOLUTIONS: None ORDINANCES: ORD. NO. 966 AN ORDINANCE AMENDING ORDINANCE NO 880, PROVIDING FOR THE REZONING OF CERTAIN LOTS IN FLORIDA SHORES SUBDIVISION, EDGEWATER, FLORIDA, FROM ITS EXISTING ZONING CLASSIFICATION OF R-1B TO THE ZONING CLASSIFICATION OF B-2, AND PROVIDING AN EFFECTIVE DATE. Attorney Gillespie read the Ordinance by title only. This is the second reading of the Ordinance. Councilman Dietz made a motion to adopt the Ordinance, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. At this time Attorney Gillespie apologized for not having the Ordinance on home occupations drawn. He explained that both of the Ordinance that he was instructed to draw were a bit difficult because of some unique legal problems with them. ORD.NO. 967 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA AMENDING ARTICLE 1, SECTION 8, SUB PARAGRAPH 2 OF THE CHARTER OF THE CITY OF EDGEWATER, FLORIDA, BEING CHAPTER 27532 SECTION 8 SPECIAL ACTS OF THE LEGISLATURE OF THE STATE OF FLORIDA 1951 AND CHAPTER 29040 SECTION 1 OF THE SPECIAL ACTS OF THE LEGISLATURE OF THE STATE OF FLORIDA 1953, PERTAINING TO THE FIXING OF COMPENSATION FOR THE MEMBERS OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL ORDINANCES OR CHARTER PROVISIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Gillespie read the Ordinance in full. This is the first reading of the Ordinance. Councilman Dietz made a motion to adopt this Ordinance, being seconded by Councilwoman Webber. Mr. Taylor questioned changing the Charter without a public hearing. Attorney Gillespie explained that he has done research on this, and that this is the right way to do this within the law. Upon roll call vote on the motion, said motion CARRIED, 4-1. Councilman Sikes voting NO. -2- Tape lB : Q o Mayor Armstrong stated that the second reading of this Ordinance will be either the 10th or the 17th of January. OLD BUSINESS: The City Clerk stated that she received three bids on the generator. The bids were opened and read to the public: Modern Power, Inc. in the amount of ~t13,348.00;Jos. L. Rozier Machinery Co. in the amount of $14,895.00; Marine Industrial Equipment, Corp. in the amount of $12,607.00 There was some discussion about these bids. Councilman Dietz made a motion that we table these bids and turn them over to the engineers for their recommendation, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. Mayor Armstrong stated that we put it on the agenda to discuss Mrs. Sedgwick's retirement, and while we discuss this we should talk about Mr. Ohrwall also. Councilman Dietz stated that we have had a windfall of $7,000 come in and the auditors have stated that we can use this money for a retirement bonus for these people. He stated that he would like to give these people a bonus of $100 for the number of years they have served. He added that we should try to give these bonuses before January 1st so as not to interfere with their social security. He stated that he is making this in "the form of a motion, being seconded by Councilman Sikes. Mayor Armstrong questioned if this means if someone works one year and retires they get $100, two years, $200 and so on? Councilman Dietz stated that this is just a stop gap, because within the next couple of years we are going to have to enter into a retirement program for all of our employees. Councilman Sikes stated that he spoke to Mr. Cunningham about this, and he is writing us a letter about how this $7,000 can be spent. However he does feel that we should set some type of limit on the number of years before we give such a bonus. Councilman Dietz stated that we have picked two individuals, and named them. This is a bonus, and not a retirement fund. He added that we have in the past given our employees severance pay. Mayor Armstrong stated that he appreciates the service that these people have unselfishly given, however we are talking about two employees in the Water and Sewer Department, and we have Ordinance No. 400 which states that you can not intermingle funds in the General Government and the Water and Sewer Department, and the only funds we can use for this is the utility tax. Councilman Dietz stated that this $7,000 is not designated to the General Government. It is designated to the City of Edgewater. He added that we have the advice of our auditors, our engineers and our attorney. If we can not take their advice then we are in trouble. Mayor Armstrong stated that Mr. Cunningham testified in the last bond validation that we had. One of the questions were are you a certified public accountant, and he said no. After some more discussion, Mayor Armstrong stated that he thinks that we should refer this to our attorney for his recommendation. Attorney Gillespie stated that he can not give a legal opinion tonight, however if you can award a bonus to one person and not another, then you can do what Mr. Sikes is saying - this money can be set up to use for a bonus for a parti- cular purpose. Perhaps a bonus fund can be set up. He stated that he will have an answer for this at the next meeting. -3- ~ o Councilman Sikes withdrew his second, and Councilman Dietz withdrew his motion. Councilman Dietz made a motion that we instruct our attorney to research this and if in his opinion we can work out a way to do this, that he go ahead and draw up a Resolution to present to the Council next week for their approval, so we can meet the December 31st deadline, being seconded by Councilman Sikes. There was discussion with the attorney about this. There were a few comments from the audience. Upon roll call vote on the motion, said motion CARRIED, 5-0. NEW BUSINESS: Councilman Dietz stated that he thinks that everyone has been by to see the complexity of the new Sewer Plant, and hopefully in the near future we will be able to build a new Water Plant with great complexity. Rather than to hire more men he would like to combine the two departments and make it under the direction of one supervisor, who will direct the operations where we can move these men from one department to the other and save the City a lot of money. He stated that he would like Mr. Kuyk to be the supervisor because he is the one who has the most capable educational background and knowledge of the operations of the Water and Sewer plants. He said that he would like Mr. Kuyk appointed as Utility Director and raise his salary to $200 a week. He added that he would like to make this a motion, and to have a Resolution drawn up and to take effect January 1, 1977, being seconded by Councilman Sikes. Mr. Taylor asked when the new Sewer Plant will be going into operation? Councilman Dietz stated that we will probably be running test on it in January, but it probably won't be in operation until March or April. Councilman Sikes asked how many Class C operators are we suppose to have in Water and Sewer? Councilman Dietz stated that presently in the Water Department we are only required to have one C operator. In the Sewer Department we will be respon- sible for two C operators, seven days a week. He explained that hopefully we will not have to man the new plant seven days a week, but now we are, and we are using the operators in both the Water and Wastewater Departments. This has cut down on over time. Councilman Sikes asked if the idea is to eliminate one Class C operator by being able to switch them over from one to the other? Councilman Dietz stated that instead of hiring more laborers, we will be able to intermingle the laborers. Councilman Sikes asked if this raise was budgeted for? Councilman Dietz stated that when he set the budget up he did put this in to be taken into consideration. Mayor Armstrong asked how many employees are in the Water and Sewer Departments? Councilman Dietz stated that he has seven in both departments all together, plus the two girls in the office. We are going to loose one of those girls, and if we don't modernize our equipment we are going to have to hire another girl. Mayor Armstrong stated that we are going to have to raise our rates in the Water and Sewer Department, for the cost of carrying nine people on salaries plus the operation and maintenance and renewal and replacements. -4- ~ o Councilman Dietz stated that this has been computed and checked out and this is below what our anticipated amount was for salaries. The budget will balance. Councilman Dietz added that he spoke to Briley, Wild and Associates about this, and Mr. Fernandez stated that this is the best thing that we can do. Mr. Gross stated that this idea might be good, but he feels that Utility Director takes in a lot of territory, perhaps we could increase his respon- sibilities and call him Water and Sewer supervisor. Mrs. Murphy questioned whether Mr. Kuyk in fact does have a degree in Chemistry? Mayor Armstrong stated that he does not know other than Mr. Kuyk has a Class C license. He stated that Mr. Kuyk does not talk to him because he talks a dif- ferent language. There was some confusion and discussion at this time. Councilman Dietz stated that in answer to all of these problems, Mr. Kuyk talks an intelligent language, and as far as being a four year graduate in Chemistry he does not know. He stated that he does know that he has enough Chemistry so that he passed his test in the top of his group. These things are very impor- tant to our Water and Wastewater. He added that we have two utilities; a Water Plant and a Wastewater Plant, the title is not important, he will super- vise both departments and work it out to the best interests of the City. We are trying to make this a an efficient operation which is in the best interest of the citizens of Edgewater. There was more confusion. Mayor Armstrong asked for a roll call. Upon roll call vote said motion CARRIED, 4-1. Mayor Armstrong voting NO. MISCELLANEOUS: Councilwoman Webber stated that she got some bids for a radio for truck. She read the low bid, and made a motion to buy this radio E.V.E.R. group and insure it, being seconded by Councilman Sikes. call vote said motion CARRIED, 4-1. Mayor Armstrong voting NO. Councilman Dietz stated that we made a motion last week to put on the agenda the discussion about remodeling the Civil Defense room. the rescue for the Upon roll Councilwoman Webber stated that she spoke with Mr. Christy and she asked him to get together with Mayor Armstrong and we would discuss it at the meeting. Mayor Armstrong stated that some months ago we had some type of priliminary plans, and somehow they must have gotten lost in the shuffle. Mr. Christy spoke to the Council. He said that he can get with the Mayor and look over the plans, and he can also have copies made for each of the Council members.to look over. Councilman Dietz made a motion to table this matter unt~l next week, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. Councilwoman Webber stated that Vito was not included in the bonus deal, and she thought there was suppose to be something for part time employees. Mayor Armstrong stated that he works under a contract same as the Building Official. Attorney Gillespie stated that there are three law books that he thinks that the City should purchase. One covers the area of drafting Ordinances, one in drafting Resolutions and the third in the area of zoning. -5- " '-J o Councilwoman Webber made a motion that we authorize the purchase of these three law books, being seconded by Councilman Dietz. Attorney Gillespie added that he would like to call the Council's attention to Sections 242, 243 and 244 of the Code of the City, and he requests that if he is to be the parliamentary of this group that we begin to follow the provisions of the Code. It can be done both by the citizens as well as the Council. These sections deal with the decorum at the meetings, and it is a recommendation that they be followed. Mayor Armstrong asked for a roll call on the previous motion to purchase the law books. Upon roll call vote said motion CARRIED, 5-0. ADJOURNMENT: Councilman Sikes made a motion to adjourn, being seconded by Councilman Dietz. Said motion CARRIED. MINUTES TAKEN BY: Sue Bl ackwell Debbie Sigler ATTEST: i~rk~ J Approved thi s 3 day of ~ ,197-2'-. _ M /J ~ ~ ~./~~ .. ___ e-~ Mayor ( ~ ;g~,7 a~'::e~ yor .g ~s r (J Q: , /1 ...., ~4- ~ r;' Co ~ ~~~. \ )'-- -6- GENERAL FUND: City of Edgewater WW & SS Florida Power & Light Southern Bell Edgewater Motors, Inc. City of Edgewater Gen. Ruth Garvey Lamar Morgan Fla. Civil Defense Assoc. Williams Welding County of Volusia Dana T. Armstrong State Tractor R.E. Morris Xerox Florida Atlantic University Hughes Supply Southern Paint Electrical Construction Transtat Equipment Magnolia Motor Company Perma Craft Yambor Carpet Service Burns Janitor Service (:tel,) 0011nc'!mCl'1 JHefz.. WATER AND WASTEWATER: City of Edgewater WW & SS Southern Bell Florida Power & Light Kevin Bosse Don Kuyk Daytona Armature Works Hall Machine Works Scotty I s Electrical Construction B & H Sales CAPITAL IMPROVEMENTS: Electrical Construction o o BILLS AND ACCOUNTS December 20, 1976 City Hall, Com. Ctr.,Shuflbrd. Traf. lite, Street lites. Fire, Street Fire Petty Cash P.O. P.O. C.D. Street stock Landfill Mileage Street Street Boards City Cl erk Contingency Street Li brary Garb. Landfill P.O. P.O. City Hall, Com. Ctr. fY/,'JeC7:;c:. 41.95 2,114.74 104.29 76.81 57.21 9.39 14.81 15.00 9.65 51.60 5.04 14.51 26.81 203.97 45.00 184.44 8.96 48.00 31 .81 12.00 48.40 30.00 10.50 35..,2 lJ 3,164-:-89- 3c:<(x).o9 / Water Water Water and Wastewater Wastewater Wastewater Wastewater Water Wastewater Wastewater Water 5.50 62.19 349.85 30.52 39.20 111 .70 19.28 97.65 22.50 146.90 885.29 Street 575.00