11-15-1976 - Regular
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CITY COUNCIL CITY OF EDGEWATER, FLORIDA
REGULAR MEETING HELD
November 15, 1976
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Mayor Dana T. Armstrong called the regular meeting of the City Council
of the City of Edgewater to order Monday, November 15, 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
Police Chief Earl Baugh
City Clerk Sue Blackwell
Present
Present
Present
Present
Present
Present
Present
Present
INVOCATION
SALUTE TO FLAG
Mayor Armstrong introduced Attorney Gillespie.
Attorney Gillespie stated that he is pleased to serve Edgewater, he said
that he will work for the City Council and they will be his boss.
APPROVAL OF MINUTES:
Councilwoman Webber made a motion to approve the minutes of the November 8,
1976 meeting, being seconded by Councilman Sikes. Upon roll call vote said
motion CARRIED, 5-0.
BILLS AND ACCOUNTS:
The City Clerk read the list of bills in the General Fund account, and
answered various questions about the bills.
Councilman Dietz questioned whether we raised the amount to be paid to
the Humane Society to $200 per month. This was checked and found that
we did, so therefore we owe them more for the month of October.
The City Clerk read the list of bills in the Water and Wastewater account.
There was a question about the bill from Briley, Wild in the amount of
$6,040.00. The City Clerk explained that this is for the engineering services
performed under Resolution 647, which is on that study. We pay the bill, mark
it paid, submit it to New Smyrna Beach, and we get 75% of it back.
Mayor Armstrong went back to the General Fund bills, and there was a conver-
sation about the Standard Oil prices. He stated that this should be looked
into.
Councilwoman Webber made a motion to pay the bills, being seconded by
Councilman Dietz. Upon roll call vote said motion CARRIED, 5-0.
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COMMUNICATIONS:
The first letter is from the Library Board requesting a donation of $50.00
towards the Children's Christmas Party, December 16, 1976.
Councilman Dietz made a motion that we make the donation, being seconded by
Councilman Riggs. Upon roll call vote said motion CARRIED, 5-0.
The City Clerk read a letter from Mr. Kenneth Cooper with two complaints.
One being about the drainage condition on Orange Tree Drive, the other
being that Mr. Fred Stuart, 1812 Orange Tree Drive is operating a Day Care
Center in his home, and this is not a commercial area.
Mayor Armstrong stated that this man does have a problem, the Street crew
has been out there and the drainage pipes were opened up so that it should
drain properly.
Councilman Dietz made a motion that we turn this over to the Police and
have the Chief report back to the Council next Monday night, being seconded
by Councilwoman Webber.
Councilwoman Webber stated that as far as the second complaint about the
Day Care Center is concerned she spoke to them about a year ago and they
said that they were her children, and she feels that this should be looked
into also.
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Upon roll call on the motion, said motion CARRIED, 5-0.
The City Clerk read a letter from the Zoning Board, requesting that the
City Attorney attend the special meeting of the Zoning Board scheduled
for November 23rd at 7:30 P.M.
It was decided that Attorney Gillespie will attend this meeting.
The City Clerk read a letter from the Zoning Board, recommending that the
Council rescind Ordinances 940 and 942. The Zoning Board will update
Ordinance 880 to include the provisions of Ordinance 940 at a public hearing
before the City Council. This was also the recommendation of Judson Woods,
Attorney.
There was some discussion about the contents of these two Ordinances.
Mayor Armstrong entertained a motion from the Council that we direct the
attorney to draw up an Ordinance rescinding the two Ordinances.
Councilman Dietz asked if we shouldn't have this public hearing first?
Mayor Armstrong explained that it does not require a public hearing to
rescind the Ordinances.
Mrs. Murphy spoke to the Council about the exact wording of the Ordinances
in question, and that the meaning is confusing.
Councilman Sikes stated that before he rescinds one he would like to see
what the update to Ordinance 880 will be.
Tape lB
Mayor Armstrong explained that a public hearing is required in order to
amend Ordinance 880, and it actually was amended by Ordinance 940, and
942 without a public hearing.
Councilwoman Webber explained the meaning of both of the Ordinances, and
she added that she spoke to the Council at the time they were passed that
it was spot zoning.
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Mrs. Murphy spoke again about the wording of the Ordinance in regard to
what a single lot of record actually is.
Mr. Taylor stated that there is no need to take up the Council IS time with
this, we will discuss it at the Zoning Board meeting on the 23rd. He ex-
plained that the change is to be made with Ordinance 942, which pertains
only to Silver Ridge which is spot zoning and is illegal. This is the
one we are trying to straighten out.
Councilman Dietz made a motion that we table this matter until the attorney
meets with the Zoning Board, being seconded by Councilman Riggs. Upon roll
call vote said motion CARRIED, 5-0.
The City Clerk read a letter from Mr. Cecil P. Beach, State Librarian
in reference to the construction of the Library addition, stating that
we may proceed to accept bids on the construction at this time.
Councilman Dietz made a motion that we instruct the City Clerk to -proceed
with the procedures that she has to go through to put the Library expansion
program out on bids,being seconded by Councilman Sikes. Upon roll call
vote said motion CARRIED, 5-0.
The next item is a rather lengthy letter from May, Zima in regard to the
Public Works Act (Title II). She read the part of the letter about the
use of the funds.
The City Clerk read a letter from the U.S. Department of Commerce, Economic
Development Administration, explaining that they have received our application
for a grant of $1,409,200. for Edgewater Water Treatment Facility, and that
it has been sent for consideration.
The City Clerk read a recommendation of the Zoning Board, that Mr. Sullivanls
request for zoning to B-2 be granted.
Councilman Dietz made a motion that we adopt the Zoning Boardls recommendation,
being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED,
5-0.
The City Clerk read a recommendation of the Zoning Board, that Mr. Blanken's
request be rejected.
Councilman Sikes made a motion that we adopt the Zoning Boardls recommendation,
being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED,
5-0.
Councilman Dietz made a motion that we instruct the attorney to draw up the
necessary papers to incorporate this change into Ordinance 880, being seconded
by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0.
The City Clerk read a letter from Mr. John Blanken about his request and the
actions of the Zoning Board and to inform the Council of exactly the legal
points which are involved.
This was discussed with the attorney, and Mr. Blanken spoke to the Council,
that he would like his questions cleared up, so that he can go to court.
Attorney Gillespie stated that he does not consider his job as City Attorney
to be attorney for every individual in the City. He stated that he is to
represent the City, and he is paid by the hour, and if the Council wants him
to spend hours answers answering every question of the citizens, then he will
submit a bill accordingly, however he does not feel that it is fair to bill
the municipality for hours of research to answer questions of this nature,
and he would advise the Council not to instruct him to do this.
Mr. Blanken stated that it is just a few simple questions to clear it up
so that he can get a Civil Action against the City.
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Councilman Dietz stated that this would be Mr. Blanken's attorney's job.
Mayor Armstrong explained that back when Ordinance 219 was in effect, what
Mr. Blanken is requesting would be legal, however there were two Public
Hearings before Ordinance 880 was adopted and there was no real objections
brought out at these hearings. Mayor Armstrong stated that it would not
be a logical thing for us to spend the tax payers money to prepare a defense
for Mr. Blanken to use in litigation against the City.
Mayor Armstrong recommended that the request for answers to these questions
be denied.
Councilwoman Webber made such a motion, being seconded by Councilman Dietz.
Upon roll call vote said motion CARRIED, 5-0.
Tape 2-A
AUDIENCE MISCELLANEOUS:
Mrs. Rich asked several questions in regard to Mr. Blanken's request.
Mayor Armstrong answered her questions, and explained the entire situation
to her.
RESOLUTIONS:
None
ORDINANCES:
None
OLD BUSINESS:
Mayor Armstrong stated that at the last meeting we tabled a bill for
workman's compensation, and is there any information on that?
Councilman Sikes stated that he had a memo typed up for all of the Council
members, and he answered questions in regard to this.
There was discussion on this, Councilman Dietz suggested that we put this
out for bids and see what comes back.
Councilman Dietz made a motion that we put the Workmen's Compensation Insurance
out for bids, bids to be back no later than December 6th, being seconded by
Councilwoman Webber.
Councilman Sikes asked if we go out for bids are we cancelling out our contract,
or can we come back and accept this figure from INA?
It was mutually agreed that if we do not accept any bids that come in we will
still remain with the present policy.
Upon roll call vote said motion CARRIED, 5-0.
Mayor Armstrong stated that the next item is Census. He stated that the last
census we had still does not reflect the actual count of people in Edgewater.
He asked Mr. Dietz for the information on this.
Councilman Dietz stated that the discrepancy lies with Florida Power & Light.
Their utility users don't agree with our garbage collections. He explained
that this is done at the University of Florida, and they won't use our figures,
so we have to get Florida Power & Light to update their figures.
Mayor Armstrong stated that it is vitally important that we get this straightened
out.
Councilman Dietz explained that Briley, Wild has gotten into this because of
the 201 program.
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The City Clerk explained that she spoke to Mr. Lewis, and he said that the
only way that we can really attack these figures is to pay for a census,
which will cost approximately 70~ to $1.00 per person counted.
Councilman Dietz stated that it would be worth it when you figure that what
they have us based on is costing us about 20% of Federal Revenue.
Councilman Sikes stated that Mrs. Rosecrans is a census taker and there are
times of the year that she is unemployed, and it might be wise to talk to
her about hiring her to take the census of the City of Edgewater, and
certainly the government can not refuse to take her figures.
Mayor Armstrong stated that he made his own drawing or sketch for the
crossover at Rhode Island and U.S. 1, and Mr. Martine also submitted a
sketch.
Mr. Fredericks spoke to the Council that there are already too many cross-
overs in that area.
Tape 2B
Mayor Armstrong went on to describe the sketches, and the estimated costs.
There was discussion about this among the Council. Councilman Dietz stated
that he thinks they did a very good job estimating the work and costs.
Mayor Armstrong suggested that we submit the plans to State for approval.
Councilman Sikes made such a motion, being seconded by Councilman Dietz.
There were some questions from the audience which were answered by the Council.
Upon roll call vote said motion CARRIED, 5-0.
The City Clerk read the certification of receiving bids on the Hospitalization
Insurance.
The City Clerk, the Chief of Police, and the Council members looked over the
bids, comparing them with what we presently have. The City Clerk read the
premiums on each policy, and the coverage values.
The insurance representatives in the audience were allowed to speak to the
Council about these bids. The Council asked various questions of each of
them. There was lengthy discussion on this matter. Mayor Armstrong called
order to the business and explained that he wants something explained for the
records, some matter related to the no loss, no gain provisions under each of
the plans based on pre-existing conditions.
Tape 3A
The insurance representatives explained their positions in regard to this
to the Council. All stated that the insurance would go into effect under
the pre-existing conditions.
Mayor Armstrong stated that we have received an education on insurance tonight,
and he feels that they are all reasonably close, and he doesn't see any need
in waiting until next week to make a decision, and he asked for the Council IS
pleasure.
Councilman Sikes stated that he likes the idea of a $500 accident no deductible
plan, and he made a motion that we accept Aetnals policy, being seconded by
Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0.
Mayor Armstrong expressed his thanks to the representatives present.
Mayor Armstrong stated that a motion is in order to instruct the attorney to
draw up a Resolution on this.
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Councilman Sikes made a motion that we instruct our attorney to prepare a
Resolution accepting the Aetna proposal, being seconded by Councilwoman
Webber. Upon roll call vote said motion CARRIED, 5-0.
NEW BUSINESS:
The City Clerk explained that there is a bit of a problem with the overtime
checks in regard to the withholding taxes, because we should be paying these
on a weekly basis and if the Council wishes a report could be made for them.
Mayor Armstrong stated that he will have to ask the attorney about this,
because our Charter says that any payment in excess of that appropriated
will have to be approved by voucher before payment is made.
Councilman Dietz questioned that due to the fact that Federal Law sets up
standards for paying employee's overtime, wouldn't this negate the Charter?
Attorney Gillespie suggested that the Charter should be changed to comply
with Federal regulations.
Councilman Sikes commented that they could be paid a week late like a lot
of places do, each pay is for the week prior.
Mayor Armstrong stated that he does not know why we can not pay their overtime
on the next week's pay check. He stated that the employee's should be notified
of this.
Councilman Dietz made a motion that all overtime will be paid on the following
pay check after approval of the Council, being seconded by Councilman Sikes.
Upon roll call vote said motion CARRIED, 5-0.
The City Clerk read the certification of bids for the dump trucks. She also
stated that she received one bid after 4:30 today.
Mayor Armstrong stated that he would entertain a motion from the Council that
the bid that did not come in by the deadline, that the bid be returned unopened
with a thank you letter.
Councilwoman Webber stated that she makes such a motion, being seconded by
Councilman Dietz. Upon roll call vote said motion CARRIED, 5-0.
The bids were opened and read.
Tape 4A over the budget figures.
Mayor Armstrong stated that from his past experience with the type of trucks
that the City has used, he recommends that the Council buy one cab and chassis
from Higgen Botham and one complete cab, chassis and dump body, 1977 model for
$1900.00. This is a reasonable price.
The Council discussed the bids, and looked
The Council discussed the condition the present trucks are in.
Councilman Riggs made a motion that we buy one cab and chassis and one complete
cab, chassis and dump body from Higgen Botham, being seconded by Councilman
Sikes. Upon roll call vote said motion CARRIED, 5-0.
Councilman Sikes made a motion to instruct our attorney to prepare a Resolution
accepting the bid of Higgen Botham, and rejecting all other bids, being seconded
by Councilman Dietz. Upon roll call vote said motion CARRIED, 5-0.
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Councilman Dietz stated that we have a request from Mr. Pettit, Mr. Kuyk
and Mr. Bosse for a grid chamber in the Wastewater Treatment Plant. He
stated that we have a letter coming from our engineers agreeing that this
grid chamber should be put in. He explained that the plant can operate
without this chamber, however the maintenance and upkeep expense is going
to be more without it.
After discussion about this, Councilman Dietz stated that it is up to the
Council. He stated that he is not asking for the Council's approval of
this tonight, however he would like everyone to look into it and study it.
Councilwoman Webber commented that she spoke to Rick Fernandez about this
at the time we were discussing the grant, and he told her that it was not
needed.
Councilman Sikes stated that since it is getting late, let us move on and
talk about this at a later date.
Councilman Dietz stated that we have the bid specifications on the Power
Generator, and we need to put those bids out to see what this is going to
cost us.
Councilman Dietz made a motion that we instruct the City Clerk to advertise
and put the specifications out for the Standby Power for the Wastewater
Treatment Plant, the bids to be back December 17,1976, by 4:00 P.M., being
seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0.
t'lI SC ELLANEOUS:
Councilman Sikes stated that he has visited all of the departments of the
City, and since the time change, when the men have to work in the garage
later in the afternoons they need some lighting. He added that he feels
that we should authorize the Mayor, as coordinator of that department to
get the electrical work done.
Mayor Armstrong stated that he has been loo~ing into this, and he will proceed.
CouDcilwoman Webber reported to the Council on the work being done at the new
Police Department location.
Mr. Art Riggs spoke to the Council about the City not having an agent of record.
This way everyone was given a chance to bid.
Councilman Dietz suggested that we discuss the board memberships at our next
meeting.
Chief Baugh spoke to the Council about the problems they have been having with
stray dogs and so forth. He was instructed to get prices on dog catchers.
ADJOURN:
Councilwoman Webber made a motion to adjourn, being seconded by Councilman Sikes.
Said motion CARRIED.
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Approved this ~. day of
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GENERAL FUND:
Florida Power & Light Co.
Callighan & Company
Dennis Warren
Richard Griffith
Doris Fico
Tommy W. Fico
1.0. Miller, Jr.
Tennant Printing Co.
E.a. Painter Printing Co.
Humane Society
Williams Welding Supply
Standard Oil Company
IBM
Florida Concrete Pipe
Xerox
Gasoline Alley
Carrison Sound Center
Construction Bookstore, Inc.
Magnolia Motor Company
Motorola, Inc.
Southern Paint
Mac Smith Equipment Co.
Pratt's Radiator Service
Dwight's
Case Power & Equipment
Noland Sales & Service
Scottys
Gray Drug Stores, Inc.
WATER AND WASTEWATER:
Florida Power & Light
William Rickelman
City of Edgewater Gen. Fund
Hall Machine Works
American Hardware
A.D. Karditzas
Edgewater Mfg. Co.
City of Port Orange
Wa 1 ker Mi 11 er
Dewitt Chemical Company
Hughes Supplies
Briley Wild
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BILLS AND ACCOUNTS
November 15, 1976
Street, St.Lites, Traffic Lite
Legal, Misc.
P.O.
P.D.(Witness fee)
P.D.(Witness fee)
P.D.(Witness fee)
P.D.(Witness fee)
Election Expense
Election Expense
Humane Society
Street
Street
City Hall
Street Paving
City Ha 11
P.O.
Council
Bldg. Official
Landfill
Fire Dept.
Shuffl ebrd .
Street
Landfi 11
Council
Street
Garbage
P.O.
P.O.
2,223.35
74.50
109.35
5.00
5.00
5.00
5.00
43.60
144.50
450.00
32.90
2 , 11 0 . 99
27.00
810.24
165.79
49.40
124.00
8.95
14.40
48.85
34.76
29.31
22.50
5.25
11.26
21 .80
15.25
11 .87
6,579.82
Water and Wastewater
Water (Climb tower)
Water (Equip. Rental}.
Water
Water (Supplies, repairs)
Water (Install door & wall)
Wastewater(repair mower)
Water(Marlow Pump)
Wastewater (Coil packing)
Wastewater (Cuagulant)
Water (Various supplies)
Wastewater
1,514.92
10.00
150.00
6.00
77 .36
330.00
17.46
50.00
88.55
272.25
245.51
6,040.00
8,802.05