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12-13-1976 - Regular ~~- (.) o CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD December 13, 1976 ADOPTED Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater to order Monday, December 13,1976, 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 INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES: Councilman Sikes made a motion to approve the minutes of the meetings held November 22 and December 6, being seconded by Councilman Riggs. Upon roll call vote Councilwoman Webber voted yes on November 22 and no on December 6, Councilman Dietz voted no on November 22 and yes on December 6, Mayor Armstrong voted no on November 22 and yes on December 6. Said motion CARRIED. BILLS AND ACCOUNTS: Mayor Armstrong read the total of the bills and accounts for both departments. Councilwoman Webber made a motion to pay the bills, being seconded by Council- man Dietz. Mayor Armstrong asked for questions. There were several questions from the audience which the Council members answered. Upon roll call vote said motion CARRIED, 5-0. COMMUNICATIONS: The City Clerk read the Operation and Maintenance \~ater and Wastewater Report for November. Mayor Armstrong questioned the report, and stated that he did not get last month's report. The City Clerk read a letter from the Zoning Board, recommending that the Building Inspector inspect all of the business buildings to see if they conform with the fire building code. o o It was agreed among the Council that this should be referred to our Fire Chief. The City Clerk read a letter from the Edgewater Library Board, recommending the acceptance of the low bid by The Peninsular Builders of Daytona Beach, Florida,provided certain provisions are deleted. There was some discussion about whether the City should go out for new bids if they change any of the provisions in the specifications. Attorney Gillespie stated that he,feels that the City should resubmit the bids and go through the whole procedure over again based on the line item specifications. Mayor Armstrong stated that we have to do this legally. Councilman Dietz made a motion that we reject all bids on the Library addition, being seconded by Councilman Riggs. There was a question about readvertising. The City Clerk stated that if we hand carry a notice to Daytona Beach it can appear in next Monday1s paper. It could appear the 20th and the 27th. It has to appear twice. You could have the bids returned the first Monday in January, which will still be within the deadline for the funds. Tape lB There was some discussion about the architect's fee. Upon roll call vote said motion CARRIED, 5-0. Councilman Riggs made a motion that we put out for bids with the deletions that were made, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. The City Clerk read a letter from Phyllis A. Woodard, 175-176 School Patrol asking for permission to purchase a Draper screen to be hung in the new cafetorium, and put some money toward a doormat with the school emblem on it. Councilman Sikes made a motion that we issue a check for $150.00 for the Edgewater Public School in memorium to the 1975-76 School Patrol, being seconded by Councilwoman Webber. Councilman Sikes stated that in the past we have donated certain amount of money toward a trip for the school patrol. Last year they did not take a trip, and we have agreed to donate toward something for the new school. Upon roll call vote said motion CARRIED, 5-0. The City Clerk read a letter from Attorney Judson I. Woods in regard to the Pat Wilson case, which included a breakdown of his fees. AUDIENCE MISCELLANEOUS: Mr. Bevel spoke to the Council about EVER applying for a tax exemption number. He would like some of the wording in the paperwork changed, and he would like for our City Attorney to look over this. This paperwork was to be handed over to the City Clerk so that all of the Council could also see what it is all about. Mr. John Gross spoke to the Council about the Garbardy Canal. Mayor Armstrong explained that it would be better if he had this put on the agenda and discuss this matter. -2- ---- o o Mr. Opal stated that he visited our landfill and saw that paint cans and paint is being dumped there, and he wondered if the Pollution Control people would have something to do about this? Mayor Armstrong stated that they are putting the burnt cans from the Coronado Paint fire in our landfill, however he did not authorize this, and he does not know who did. Tape 2A Mr. Opal still questioned this. Mayor Armstrong stated that he spoke with Mr. Collins about whether it would be permissible to put that type of solid waste into the landfill, and he said that it would be permissible providing that it was not contaminated and pro- vided by record that the City Council concurred with it and that the City assume the responsibility and that it would be covered with two feet of solid fill. He stated that he spoke with Mr. May and he explained the contents of the paints and that he had made arrangements with the County to haul that portion of it where the oil paints were made. Councilman Sikes stated that he spoke with Mr. Camp today and he stated that one of their chemists came over last week and went out to the landfill area and inspected it at that time. Mr. Taylor asked if this was dumped in the landfill with or without permission. Mayor Armstrong stated that if they got permission, they didn't get it from him, and the dump is closed to the general public. Councilman Dietz stated that Mr. May pays us so much a month for the privilege of dumping out there, and as Tong as he does not contaminate our dump he has the right to dump there. Mr. Walter Gross asked if someone could give us a report about what happened with our $2500 grant? Councilman Sikes stated that last Monday night the remark was made that we didn't know whether it would do any good or not, and if anybody wanted to go they could. He stated that he and Mr. Dietz went. He added that if you will remember on the recommendation from the Central Florida Planning Agency, they followed through with the recommendation that VCOG gave to us whereby we would connect up to the City of New Smyrna's sewer; and water system in conjunction with the Clark Dietz plan. He stated that they met Mr. Fernandez and Mr. Wanstall at the meeting, and as a result they completely reversed their position and our application was approved with no strings attached, and Atlanta was immediately called. According to Mr. Chiles office we should know something by a week from today whether we will receive the money or not. Mrs. Woodard spoke to the Council about the weed and trash situation on her street, and why something is not done about it. She said that Councilman Riggs apparently has started to get something done, but it has been months since she first complained about this. Councilman Riggs stated that he and the Chief checked this out and right now there are just garbage cans in front, and if they are there in the morning the Chief will cite them. Chief Baugh stated that they did find an Ordinance which would cover this. Attorney Gillespie read from the Ordinance, and stated that this Ordinance has to be enforced by serving a notice of public nuisance on the individual~ and thereafter proper procedures taken. Chief Baugh stated that he will go back down there tomorrow. Councilman Dietz stated that before we get off of this, he knows that there is a rumor around that he gave Mr. May permission to dump there, and he wants to state that this is erroneous. He did not. Mayor Armstrong stated that he asked Mr. Martine about this, and he said that Mr. Dietz said to leave the dump open after closing time. He added that he does not want to get into the middle of this. -3- ~ o o Councilman Sikes stated that he was not asked about this, however if Mr. May had asked him he would have given him permission, because when he called City Hall he was told that the Mayor had gotten word from Mr. Collins that it was all right for him to dump there in the northwest corner as long as he would cover it with two feet of sand. Mayor Armstrong explained that the chemicals have been order to treat the water in the canal. Councilman Dietz stated that he did call Mr. Martine and told him to put a man out there and leave him there, and everything that was dumped had to be checked to see that no paint was in it. Councilman Riggs stated that he and the City Clerk went through all of the red tape to find out how Mr. May could dump out there. He added that we should look back at all of the years that the man has been dumping the same thing out there and there were no complaints until now when the man needs a place to get rid of it all. RESOLUTIONS: None ORDINANCES: None OLD BUSINESS: Mayor Armstrong stated that we had a workmen's compensation bill in the amount of $15,442 which was tabled.He introduced a representative from R.B. Jones Insurance, Mr. Russell Warbington. Tape 2B The representative spoke to the Council, explaining that this insurance has problems now and will have some problems for the next several years. He explained how workmen's compensation rates come about. He read a break down on the rates for the City of Edgewater since 1973. He explained that the bonds are written wrong; they should be written on a performance method. He went into this in detail. He also went intothe law in regard to the insurance a municipality has to have. He stated that what they propose to do is to take this over and come in and start doing something about turning around this trend in your loss ratio. This would get us out of the assigned risk hole, and get your experience modification turned around. Councilman Sikes asked Mr. Warbington if we could get a blanket liability coverage on our streets, our business property and our automobiles or do we have to write liability on every truck that we have and so on? Mr. Kenneth E. Hawkins asked if he could answer this question. Given the floor he stated that the City could have about three policies that would take care of all their necessary exposures to risk. The first would be a workmen's compensation policy, because law requires that this be written in a separate policy. The second would be a policy such as you are visualizing which would take care of all of your property deeds, all of the liability needs,' all of your crime needs, and a third policy would be an umbrella liability policy. He added that this would undoubtedly save the City money. Both of these men answered questions from the Council about this insurance. -4- o Q It was explained that the City can only gradually work their way out of the assigned risk rating. Mr. Hawkins explained the procedure for starting the wheels rolling in regards to changing this rating. Mayor Armstrong explained that inthe past year we have been improving and our rates would be showing a decrease however we have more employees now. In the next couple of years we should show a decrease. He stated that we are going to have to do something but we need to look at this closely. We have to get the provisions made so that the rates will come down. Councilman Dietz stated that the only thing that we can do is accept this one bid because of the 19th, and we are going to talk about it some more and get somebody who is going to take the initiative and recommend to the City. Mr. Hawkins stated that they are not at the meeting tonight trying to get the City to give them the workmen's compensation business this year, however he feels that they will be a year ahead if they do. He stated that the City needs someone who is expert in this area to get this in order. Tape 3A The bid procedure was discussed and it was explained to the men that the City has to meet the deadline of December 19th with this insurance and they have only received one bid. Mr. Hawkins stated that he understands that a decision must be made, however he asked if what they have said seems reasonable, give them the privilege of coming back after the 1st of the year with a proposed plan of how this might be attached and how the entire insurance needs can be studied. The City Clerk asked if after the 1st of the year, the Council decides to make them agent of record for all of the insurance outside of hospitalization, and we cancel these policies, will we be due any rebate on them? Mr. Hawkins stated that the City should not be thinking of cancelling the policies, or anybody who does the job for you is here asking you to assign for us, is not only going to tell you what you need to do, but also how it should be done. Mayor Armstrong stated that our mid term on the insurance policy is going to be June 19th. On or before that date if we have a meeting again with these men and authorize them to go ahead and draw up the necessary paperwork for a three policy cover system that you have,mentioned, by renewal date we can advertise on those specifications. Mr. Hawkins stated that this sounds like a good idea. Mayor Armstrong stated that the workman's compensation bill in the amount of $15,442 has to be paid. Councilman Dietz made a motion to pay the bill, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. Mayor Armstrong stated that the next item is the commercial package, renewal bill in the amount of $2,385. This is the liability insurance. Councilman Sikes made a motion that this bill be paid, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 5-0. Mayor Armstrong stated that the next item is the Zoning Board Recommendation on home occupations. Councilman Dietz made a motion that we authorize the attorney to draw up the necessary Ordinance to make these changes to be compatible with Ordinance 880, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. Councilman Dietz stated that he would like to make a motion that the Council authorize Briley, Wild to try to enter into an agreement with McMahan and Company to hold their bid at the $30,000 original bid for the construction of the grit chamber, and also investigate with F.H.A. and see if this could be added to our bond, being seconded by Councilman Sikes. Councilman Sikes asked if this is only to see if they will hold to the original bid as submitted? Councilman Dietz answered yes. -5- o o Councilwoman Webber asked if this will obligate us in any way? Councilman Dietz answered that this will just get all of the paperwork in order. Upon roll call vote said motion CARRIED, 4-1. Mayor Armstrong voting NO. Mayor Armstrong stated that someone had asked that it would be put on the agenda about raising the Council 's salaries. Councilwoman Webber made a motion that we abide by the amount of money that we had placed in the budget for this, and that is $100 a month, plus $20.00 for every meeting we go to if it is a full day, $10.00 for a half a day, plus our mileage, and that this be retroactive to December 1st, being seconded by Councilman Dietz. Mr. Taylor asked what about a raise for the City employees? Mayor Armstrong stated that we have committed ourselves at mid term of the fiscal year to review the budget and utilize anything that was appropriated for salaries in a cost of living increase for the employees. Upon roll call vote said motion CARRIED, 4-1. Councilman Sikes voting NO. Councilman Dietz made a motion that we instruct the attorney to draw up the necessary Ordinance, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-1. Councilman Sikes voting NO. Councilman Sikes stated that he asked to be put on the agenda for something that was proposed last week, that we pay all full time employees a $50.00 bonus and all part time employees a $25.00 bonus, to be paid tomorrow. He stated that this is a motion. He added that this much money has already been saved in the salaries that have not been expended on a pro rata basis for the first three months. This does not in any way interfer with any of the surplus money. Councilman Dietz seconded the motion. Councilman Dietz stated that he understands that this money was budgetted at the beginning of the year for increases in pay but was not used. The City Clerk answered that this is money that has not been expended. Councilman Riggs asked if this would interfere with looking forward to a raise for the employees? Councilman Sikes stated that he does not see how it would, because when we get to the six months period and we see how much we have left in the account, we are only going to give a raise on that money. Councilman Dietz stated that we have the money now, and he thinks that we should do something for the employees because we did not give them a raise. Upon roll call vote said motion CARRIED, 4-1. Mayor Armstrong voting NO. NEW BUSINESS: The City Clerk stated that Mrs. Sedgwick is going to retire in January with twenty years service with the City, and she is entitled to three weeks' vacation and she is afraid if we pay all of that in January it will mess up her social security. She stated that she is about a day short of the accumulated three weeks, and she would like permission from the Council to go ahead and pay it in this calendar year. Councilman Dietz made a motion to instruct the City Clerk to make arrangements to pay Mrs. Sedgwick's vacation pay so that it will enter into the 1976 calendar year for income tax purposes, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 5-0. -6- o o Councilman Dietz stated that he would like to bring up the matter that Mrs. Sedgwick has worked with us for twenty years and she has been one of the best employee's we could ever have, and he feels that this Council should go on record to do something for her to compensate her for the many years that she has served this City. He stated that he would like the Council to give this a lot of thought, and possibly do something before December 31st. Mayor Armstrong stated that this should be considered. She can make so much money without loosing her retirement, and from time to time the City could use her experience. Mr. Wa~.ter Gross stated that he feels that this is a very good proposal, however the City should also set up some type of retirement program. Councilman Riggs brought up the subject of the walkie talkies again. Chief Baugh discribed the walkie talkies. He stated that he got two prices; one from Signal Corporation in Orlando, $834.05 for two walkie talkies, one from Motorola, $958.00 for two. He added that the most important thing to him is the service that will be available, and he would like to talk to someone who knows about radios before a decision is made. Tape3B Councilman Riggs stated that the fire was a good example that we need these walkie talkies. Chief Baugh stated that he will bring his information back to the Council at the next meeting. Mayor Armstrong announced that City Hall will be closed on December 24th and December 31st for Chirstmas and New Year's holidays. Councilman Dietz stated that we should get it straight that D.E.R. has said that the Council has to give approval for Mr. May to dump. Councilman Dietz made a motion that the Council go on record stating that we will give him permission to dump as long as he meets all standards set by D.E.R., E.P.A. and also City of Edgewater, and that we will have a man there to investigate all that is dumped, beinq seconded by Councilman Riggs. There were several questions from the audience in regards to this. Upon roll call vote, said motion CARRIED, 5-0. MISCELLANEOUS: The City Clerk stated that she has one more item. The Zoning Board has a petition before them from Magnuson Corp. for a rezoning. Do you want the Zoning Board to hold the public hearing on this? Attorney Gillespie stated that it is not clear from the Ordinance exactly how this is to be done, and we should change the Ordinance. Mayor Armstrong stated that the Zoning Board should collect whatever data is necessary to make an evaluation of the matter in Question, and then a public hearing will be held. Mr. Christy spoke to the Council about the pagers which have been sent and sent to Motorola for repairs, and he would like to send them to a local man who can repair them. Mayor Armstrong stated that it was his understanding that when we ordered the pagers that we were going to have so many in reserve to use when some were being repaired, and what happened to the reserve ones? -7 - '-J o Mr. Christy explained that they bought 38 units, 30 of them when to the Fire Department, the other 8 were assigned to the Civil Defense. They have been used by the Rescue and and Civil Defense. He questioned why he can not get them fixed locally. Mayor Armstrong stated that he does not care where he gets them fixed, as long as he gets a purchase order first. Councilman Dietz suggested that the coordinator for this department look into this and bring a recommendation back to the Council. Mr. Christy added that he had been placed on the agenda a week ago about remodeling the room for Civil Defense and Rescue, and he was suppose to be on the agenda tonight. Councilman Dietz stated that we tabled that, and next week we will have this on the agenda. Councilwoman Webber stated that Mrs. Austin of the Pelican called her and was very upset that she was not mentioned as one of the papers who have ads in their paper. She stated that the Pelican is a little cheaper, and we should put our ads in it. Mr. Bevel stated that the pagers used by the Rescue are City owned property, and if there are any problems, the City has the right to say where they are to be used. Mayor Armstrong stated that there is no problem. Councilwoman Webber stated that she thinks what Mr. Armstrong means, is at first we were told that there would be so many on reserve in the event that something happened, and now they have all been given out. Mr. Bevel stated that he does not want any action taken tonight, however he would like to City to think about their radio and see if they can help them out with it. ADJOURNMENT: Councilman Sikes made a motion to adjourn, being seconded by Councilman Riggs. Said motion CARRIED. MINUTES TAKEN BY: Sue Bl ac kwe 11 Debbi e Si gl er /f) ~ ''--.. ~TT T. J Mt2~Lt;4"~7/~5 ''drL il ~~PA) .' ..'~ ? ~~ ~ City erk I C6un'O'lwoman f Approved thi s 2..J1!day of -.; '/"./1..(....//_ III /J J 0 ,,{0~j;?~ , 1976. I() /? ~ouncl fp,anJ~ /;~ / ~f'<2'7'~ YV~4'~~ '~_~~ ij~1 ~councilman - ~-~ ~"-- (A/. ( "\. I -8- GENERAL FUND: Donald Bates Merritt Kear Kenneth Litchfield N. W. McCall Larry Westfall William Wolf City of Edgewater WW &SS Edgewater Red & White Engel's Florida Power & Light American Hardware Electrical Construction Sol-Ray Supplies E.A. Christensen Tipton I s J.E. Tumblin Agency Williams Welding New Smyrna. Commercial Ptg. Taylor Brothers Owens Flooring, Inc. Standard Oil Company Burns Janitor Service Gasoline Alley Hughes Supply Syntonic Technology J.J. Vaughn New Smyrna P.O. City Auto Supply Diversified Electronics SouthEastern Products McRoberts Tires A.D. Karditzas Concord Press WATER AND WASTEWATER: , Flori da Power & Light Southeast Bank of New Smyrna Judson I. Hoods May Zima & Company ,American Hardware Burroughs Corp. .Pargo Distributing - El ectra- Troni cs Gasol ine Alley Western Auto Store .Hall Machine Works _ Bril ey, Wil d & Assoc. o u BILLS AND ACCOUNTS December 13, 1976 Garb. Garb. Garb. P.O. P.O. P.O. Fire City Hall P.O. St., City Hall, Com.Ctr.,C.D., Fire, Rec. St., City Hall, Garb., P.O. City Hall, P.O., Com. Ctr. Com. Ctr. Non Depart. misc. Council misc. Fire Street City Hall Street Com. ICtr. Street City Hall P.O. Rec. P.O. E.V.E.R. P.O. Street, Garb. P.O. E.V.E.R. Monthly checks City Hall Garb. P.O. P.O. 5.06 6.75 7.44 14.79 28.14 11.55 5.50 2.79 21.90 551.41 74.55 1,970.00 1.26 17.00 35.00 532.50 3.30 44.00 50.85 6.00 2,002.66 69.00 10.00 1 23 .97 80.00 33.05 315.00 166.43 77 .50 46.20 89.88 303.82 118.90 6,826.20 Water and Wastewater Checks Pat Wilson case Water Water and Wastewater Water and Wastewater Water and Wastewater Water Water Water Water Wastewater Wastewater 1,516.87 57.55 514.70 2,500.00 140.47 41 .85 156.20 295. 15 7.75 16.95 8.76 82.96 5,339.21