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11-22-1976 - Regular l~ if <.) <.,) CITY COUNCIL OF THE CITY OF EDGEWATER,FLORIDA REGULAR MEETING HELD November 22, 1976 ,A,D,OPTE.D Acting Mayor Ryta F. Webber called the meeting of the City Council of the City of Edgewater to order Monday, November 22, 1976 at 7:30 P.M. ROLL CALL: Mayor Dana T. Armstrong Acting Mayor Ryta F. Webber Councilman Henry C. Riggs Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney William Gillespie Police Chief Earl Baugh City Clerk Sue Blackwell Excused Present Present Present Excused /" Present Present Present I NVOCA TI ON SALUTE TO FLAG APPROVAL OF MINUTES None BILLS AND ACCOUNTS: It was decided that since everyone had a list of the bills, there was no need to read them aloud. The City Clerk answered several questions about the bills. Councilman Sikes made a motion to pay the bills, being seconded by Councilman Riggs. The audience had a few questions, which were answered. There was some con- fusion, and Acting Mayor Webber called order to the meeting. There was continued remarks and confusion, and the Acting Mayor instructed the Chief of Police to escort Mr. Opal from the room for causing a disturbance. Upon roll call vote said motion CARRIED, 3-0. COMMUNICATIONS: The City Clerk read the General Fund Budget Report and the Operation and Maintenance Budget, and the Revenue Fund Budget. The City Clerk read a letter of Tomoka Refuse asking that their performance bond be returned to them. Councilman Sikes made a motion to return the bond as requested, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 3-0. The City Clerk read a copy of a letter sent to the Board of Governors from the Friends of the Library, protesting the proposed petitioning of the small room in the Community Center, stating that it will leave such a small space for groups because of conflicting meetings. ~ o Councilman Sikes stated that in the new Library there will be room for this group to meet over there. He also added that he understands that the Chamber of Commerce has already purchased the necessary items to make this change. We should advise the board of the room that will be in the Library. Mr. Cameron spoke to the Council that the Chamber has already began with the work for this change. Mrs. Murphy questioned the legality of the City giving the Chamber this room. Attorney Gillespie stated that he doesn't feel that allowing periodic use of this hall constitutes subsidizing. Mr. Christy stated that he thinks people are getting upset because they do not understand exactly how much of that room is going to be used by the Chamber. Mr. Cameron spoke again, explaining that they are not going to use even half of the room, and he described the location thoroughly. He also explained the way the air conditioning will be taken care of. There was quite a bit of discussion about the use of this room. Tape 18 The City Clerk read the new officers for the Fire Department. Acting Mayor Webber instructed the City Clerk to draw up a Resolution in regard to these officers. The City Clerk read a letter from May, Zima in regard to the initial audit of the fixed assets of the City of Edgewater. It was explained in the letter exactly what the procedures should be under the circumstances, and how the City will be charged for this. , Councilman Sikes explained that he spoke with the auditors, and some of the things that we had been attempting to do in correction of what Mr. Tucker had done were also in error, and we will be written up in our audit about this. He added that he feels that this matter should be tabled, so that the members who are absence will have a chance to get into the discussion, and maybe talk to Mr. Cunningham in case there are any questions. If we had done this originally we could have saved the City a lot of money, however we were not aware that they would do this service for us. Councilman Sikes made a motion to table this until next Monday night, being seconded by Councilman Riggs. The City Clerk explained that the Mayor did speak to the auditor about this, and he knows that it must be done, and if we keep putting this off we are going to be written up again. If we go ahead and get this started they will say that it is a certain percentage complete and that they are engaged in doing the work. There was more discussion about whether this should be tabled. The City Clerk explained that Mayor Armstrong was concerned about this because we were suppose to have this,done by the 3rd of December and we did finish it, but it is not right. Councilman Sikes stated again that he still feels that the entire Council should vote on this because of the amount of money we are going to be paying the auditors. Councilman Riggs agreed that he would like to have the whole Council here. Upon roll call vote, said motion CARRIED, 3-0. -2- w o The City Clerk read a letter from the State of Florida, Department of Administration, Division of State Planning about the Edgewater Water Treat- ment Plant. She explained that a copy of this letter went to the E.D.A. in Atlanta to be attached to our application. There was also a letter from the State of Florida, Department of Environmental Regulations in regard to the City's application, stating that they have no objections to the funding of this project, providing that the proper permits or approvals are obtained prior to construction. Councilman Sikes stated that last week we got a call, and the Mayor is aware of this, that VCOG wrote a letter which lowered our chances from about 90% to 50% of getting this grant. He read parts of this letter to the audience. He explained that the letter was written by Mr. Applebee out of Mr. Briggs' office, and none of the mayors representing VCOG knew of this action that was taken by Mr. Briggs. Acting Mayor Webber explained that she telephoned and asked that VCOG call a special meeting to discuss this, since it will be too late to wait until their next meeting. Councilman Sikes explained that the trip that Councilman Dietz took to Orlando was because of this letter. He met with Mr. Briggs in Orlando, and they are holding this letter so that it won't get to Washington yet. There were more questions as to why this letter was written, and whether the man had the authority to write such a letter. Councilman Sikes read the letter to the people, and brought the people up to date on what has happened. The City Clerk read a meeting notice of the Volusia County League of Municipal- ities. She stated that any of the Council who plan attend should let her know so that she can make reservations. RESOLUTIONS: RES. NO. 684 A RESOLUTION AWARDING THE CONTRACT TO PROVIDE GROUP INSURANCE FOR EMPLOYEES OF THE CITY OF EDGEWATER, FLORIDA TO AETNA LIFE AND CASUALTY COMPANY: REJECTING ALL OTHER BIDS, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALL NECESSARY CONTRACTUAL DOCUMENTS TO AWARD THE CONTRACT, REPEALING ALL RESOLUTIONS IN CON- FLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE HEREOF. Attorney Gillespie read the Resolution in full. Councilman Sikes made a motion to adopt the Resolution, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 3-0 Tape 2A 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 B-2, AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Gillespie read the Ordinance in full. -3- o Q There were several questions about this Ordinance. Attorney Gillespie answered the questions, he stated that this was brought up to the Zoning Board and this was their recommendation. He explained that the Council hasthe right to amend the Zoning Ordinance, and this is an amendment and a rezoning of a certain section of the City. It was explained that this was published in the newspaper, and the Zoning Board held a public hearing. Mr. Taylor stated that the Zoning Ordinance needs to be changed, since there are a lot of errors in it. There was more discussion on this. Cpuncilman Sikes made a motion to adopt the Ordinance, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 3-0. There was more discussion about whether another public hearing is in order. Councilman Sikes stated that if the attorney instructs us that we need another public hearing, then he will make a motion. Attorney Gillespie stated that he does not feel that another hearing is necessary, as he reads, the public hearing was held by the Zoning Board. He added that he feels that the Ordinance should be reworded. He feels that some work should be done on this Ordinance. Mr. Sullivan also spoke to the Council about this. There was no further action taken. OLD BUSINESS: Councilman Sikes made a motion that we table the discussion on the Grit Chamber and also the Board appointments until our next meeting when we have a full Council being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 3-0. The City Clerk spoke to the Council about the equipment that the City is using which belongs to Mr. Leoffler. She read a list of these items, and stated that Mr. Leoffler is asking $317.95 for all of these items, and she was instructed to bring this back to the Council IS attention under the new budget, and Mr. Leoffler wants to get it taken care of before the end of the year. Councilman Sikes questioned what account this would be taken out of? The City Clerk looked over the budget. Councilman Sikes made a motion that we purchase this equipment to be used in the Building Inspector's office, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 3-0. NEW BUSINESS: The City Clerk explained that the Council authorized the Mayor to go ahead and have two daysltrial run to Tomoka with the City equipment so that we could get some idea of the cost. She explained that we were all ready to do this and we found out that we have to apply for credit, and she needs an authorized signa- ture on an application for a charge account with the County Landfill so that we can do this next week. -4- o Q Councilman Sikes made a motion that we complete the necessary forms to establish credit with the Volusia County Landfill, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 3-0. MISCELLANEOUS: The City Clerk stated that she has received proposals about the electrical work that is to be done in the new Police Department. She read the proposals to the Council. The Council talked with the Chief of Police about the work that has been done already in the new department. Councilman Sikes made a motion that we accept the proposal of Electrical Construction Company as submitted on November 19th for the amount of $1970.00, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 3-0. Attorney Gillespie spoke to the Council about a replacement tm sit in when he can not make a meeting, he stated that next Monday night he will not be able to attend the meeting, and he has made arrangements with Attorney Woods to sit in for him if it is all right with the Council. There were no objections. Tape 2B Chief Baugh stated that he was instructed to check out two complaints. The matter of the nursery, the lady keeps four children and this does not consti- tute a nursery. The other complaint being about the drainage. He recommends that the City fix the rest of that street before they complain about that gentleman's property, and before any action is taken on him. Acting Mayor Webber asked Councilman Riggs if he can look into this. Councilman Sikes stated that he has received some calls on the open vegetable market. It is not 20 feet from the road right-of-way, and it is questionable whether they are complying as far as licenses and so forth. Chief Baugh stated that he will.be do~n there in the morning to speak to the man. Councilman Sikes also stated that he has had a call about a house on Fernald Street, where wood is stacked up in the yard, there is also fiberglass there. Chief Baugh stated that he has already checked on this. He explained that the Fire Department has been over there, the Building Inspector has been there, and he will be back out there tomorrow and will cite them for all of the violations, because they have now had enough time to take care of this. There was more discussion at this time about the open markets, and whether they should be licensed. Attorney Gillespie stated that he will have to research this if the Council wishes because he does know exactly what the law is in regard to this. Mr. Christy spoke to the Council about the repairs that are needed to put the Civil Preparedness room into shape. He explained that plans and a letter were submitted a long time ago, and at that time he had the materials donated, however now the people say they do not want to wait any longer with their materials. Acting Mayor Webber asked Mr. Christy to submit his plans and the costs of each item to the Council at the meeting next Monday. 5 o o ADJOURNMENT: Councilman Riggs made a motion to adjourn, being seconded by Councilman Sikes. Said motion CARRIED. MINUTES TAKEN BY: Sue Bl ackwell Debbie Sigler t~~y-{L~~ Ma 0 r ./ ~0: -:; q;~ Coun . woman ~ rr ~ 1J ~.A J Counc,/. n~ ~ k" - /~~ GoCincil man ' ~ (. ATTEST: g~k~~ 6-cL day of Approved this December, 1976. t; ~- c--.~~T ~- _~ M yor ~ -6- (.) GENERAL FUND: Sandy Davis Southern Bell City of Edgewater WW & SS Public Gas Ropp's Automotive Matty's Transmission Service New Smyrna Builders Supply R.E. Morris Fla. State Firemen's Assoc. Dave's Carpets Discount Glass Co. WATER AND SEWER: Paul Ream Southern Bell Calvin R. Dietz City of Edgewater WW & SS Flamingo Springs Water Co. J.J. Vaughn Ford-Mercury,Inc. Electra-Tronics,Inc. Brown's Air Conditioning Economy Electric Company o BILLS AND ACCOUNTS November 2<:L,1976 P.O. Fire, Street City Hall, Com. Ctr., Shufflebrd. Street Street, Garbage P.O. P.O. (New building) P.O. (stock) Fire P.O. (New Building) P.O. (New Building) 37.56 99.24 50.20 23.63 19.10 276.50 538.50 25.06 290.00 205.00 84.00 1,648.79 Water Water Water, (trip to Orlando) Water Wastewater Water Wastewater Wastewater Water 2.84 72.42 22.77 5.50 4.80 15.49 20.58 12.50 414.80 571.70