09-13-1976 - Regular
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CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA
REGULAR MEETING HELD
September 13, 1976
Mayor Armstrong called the Council meeting of the City of Edgewater to
order, Monday, September 13, 1976 at 7:30 P.M.
Mayor Dana T. Armstrong
Councilwoman Ryta F. Webber
Councilman William H. Cairnie
Councilman Walter B. Sikes
Councilman Calvin R. Dietz
City Attorney Judson I. Woods
City Clerk Sue Blackwell
Police Chief Earl Baugh
Present
Excused
Present
Present
Present
Present
Present
Present
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ROLL CALL:
INVOCATION
SALUTE TO FLAG
APPROVAL OF MINUTES
None
BILLS AND ACCOUNTS:
None
AUDIENCE MISCELLANEOUS:
None
RESOLUTIONS:
RES. NO. 673
A RESOLUTION OF INTENT BY THE CITY COUNCIL OF THE CITY OF EDGEWATER,
FLORIDA TO ACCEPT THE BID OF HIGGINBOTHAM CHEVROLET-OLDSMOBILE, INC.
OF NEW SMYRNA BEACH, FLORIDA IN THE AMOUNT OF $15,450.00 FOR THE
PURCHASE OF THREE AUTOMOBILES FOR THE POLICE DEPARTMENT OF THE CITY
OF EDGEWATER AND THE BID IN THE AMOUNT OF $9.790.00 FOR THE PURCHASE
OF TWO TRUCKS FOR THE WATER AND SEWER DEPARTMENT OF THE CITY OF
EDGEWATER AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A
CONTRACT WITH HIGGINBOTHAM CHEVROLET-OLDSMOBILE, INC. ON OCTOBER 1,
1976 FOR THE PURCHASE OF SAID VEHICLES, REPEALING ALL RESOLUTIONS
IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR.
Attorney Woods read the Resolution in full.
Councilman Dietz made a motion to adopt the Resolution, being seconded
by Councilman Sikes. Upon roll call vote said motion CARRIED, 3-1.
Councilman Cairnie voting NO.
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Mayor Armstrong entertained a motion that all other bids be rejected.
Councilman Cairnie made a motion that all other bids be rejected, being
seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 4-0.
RES. NO. 674
A RESOLUTION ADOPTING A CERTIFIED MILLAGE RATE OF 5.803 MILLS FOR THE
CITY OF EDGEWATER, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR.
Attorney Woods read the Resolution in full.
Councilman Sikes made a motion that we adopt the Resolution, being
seconded by Councilman Cairnie. Upon roll call vote said motion
CARRIED, 4-0.
ORDINANCES:
ORD. NO. 963
AN ORDINANCE AMENDING THAT PART OF SECTION 4 OF ORDINANCE NO. 611
SETTING FORTH THE SCHEDULE OF RATES FOR SERVICES OF COLLECTION AND
DISPOSAL OF GARBAGE AND TRASH FOR THE CITY OF EDGEWATER, FLORIDA,
REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HERE-
WITH AND PROVIDING AN EFFECTIVE DATE THEREFOR.
Attorney Woods read the Ordinance in full.
Mayor Armstrong stated that in his opinion this should have been
effective on October 1. He said that we could pass it as it is
now, but we would have to make it on an emergency basis and waive
the second reading.
Councilman Cairnie stated that we were told that we did not have to
close the landfill until May, so what is the hurry on this?
Mayor Armstrong explained that we have to create enough money by the
time we close the landfill to advertise and buy a new piece of equip-
ment.
Councilman Dietz stated that we will run into some costs in closing
the landfill.
There was discussion about the budget figures.
There was discussion as to the differences in the City keeping the
garbage business and going to a private enterprise for the collections.
Councilman Sikes stated that we should clar.ify whether we want this to
be effective October 1st or for the October billing.
Mayor Armstrong explained that it should be effective October 1st, however
it will be on the first bill in November.
Councilman Dietz made a motion that on an emergency basis we waive the
second reading of this Ordinance with the provisions of the change in
the Ordinance be set by the attorney and initialed by the Council members,
being seconded by Councilman Sikes.
Questions from the audience were answered by the Council members. Most
of the comments made by the audience were opposing the City going to a
private enterprise for our garbage collections.
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Councilman Sikes stated that if we try hauling the garbage ourselves
and we find that it is not feasible and we decide to have a private
contractor come in, he does not feel that we will have to layoff
anyone. He feels that we can use the employees that we now have in
the Street Department and in other clean up work that has to be done
in the City.
Mayor Armstrong stated that he feels that with this increase in the
rates, we will be able to take care of our own garbage collection
and the hauling of the garbage.
Upon roll call vote said motion CARRIED, 4-0.
Mayor Armstrong asked for the Council's pleasure on the Ordinance
with the change that it will be effective October 1st.
Councilman Dietz made a motion to adopt the Ordinance, being seconded
by Councilman Sikes. Upon roll call vote said motion CARRIED, 4-0.
OLD BUSINESS:
Attorney Woods stated that he thinks that we should take some action
to make sure that we adopt an Ordinance phasing out the Municipal
Court prior to January 3rd.
Councilman Dietz made a motion that we instruct the attorney to draw
up the Ordinance phasing out the Municipal Court effective December 31,
1976, being seconded by Councilman Sikes. Upon roll call vote said
motion CARRIED, 4-0.
Councilman Sikes asked if we have had any reports from any of the
insurance companies yet?
The City Clerk explained that she spoke with Mr. Strycharz, of Time
Insurance and he said that the only fair way is to set minimum specifications
and let everybody bid on the same thing. She explained that it will be
easier to compare the bids this way. She reported on some of the policies
that have been shown to her.
Councilman Cairnie stated that the Council is going to have to sit down
and look over these policies individually.
Mayor Armstrong read from Ordinance 611 about the trash requirements
for pick up, the containers that should be used and so on.
There was discussion about the vacant lots, and the complaints.
It was agreed that something has to be done about the trash not being in
the proper containers, and the different violations of this Ordinance.
Councilman Cairnie stated that the letter from the Zoning Board states
that they would like to see Ordinance 940 put back in effect and Ordinance
942 taken out. He asked if we did anything about this?
Mayor Armstrong explained that Ordinance 940 allowed you to build on a
single lot of record in a subdivision, but Ordinance 942 limits this to
Silver Ridge only.
Mr. Mackie spoke to the Council about this, explaining that the Zoning
Board has been trying to get this straightened out for some time now.
He said that they would be happy to get together with the attorney and
go over this and other things that the board has questions about.
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There was discussion among the Council about this. Attorney Woods stated
that it looks like what we need to do is go back and rescind Ordinance
942.
There was some discussion about the houses which were built in Pointer
Subdivision, and the circumstances under which this was allowed.
It was decided that the City Attorney will attend a meeting with the
Zoning Board to discuss these things before any changes are made.
Mayor Armstrong stated that he went to look at the Griffith property
on the corner of Knapp Avenue and Palmetto Street, where there is a
discrepancy about the surveys. He said that there is a difference of
about a foot and one half in the surveys.He said that if the survey for
Lot 1 is right, then we do have an encroachment on their property. He
added that we do not have any paving on the property or any water and
sewer lines, however all of the utility poles are on their property.
He explained that the people want it established that this is their
property, and they want the utility poles moved out of their yard.
Councilman Cairnie stated that we use to have our flag outside of the
Community Center out at night and the lights around it. He said that
the City Manager had this stopped because it was a violation of the
Code, however the Code has been changed, and you can fly a flag 24 hours
a day if properly illuminated. He asked if we would like to fly the
flag at night again? He said that the American Legion will take care
of this and assume the responsibilities of it. He said that he will
bring it up at their meeting and bring it up to the Council again.
Mayor Armstrong stated that we have to decide whether or not we want the
County to put the Edgewater election on the same machines and have it
conducted by the County board.
The City Clerk was instructed to get all of the information about this
for the next meeting.
Councilman Cairnie stated that he has the plans for the Library addition,
however the Library Board has not had a chance to go over them, and he
will have them review the plans then he will bring them to the Council.
He added that there is a leak in the present Library roof, so when we
put the roof on the addition, we might consider repairing the roof.
At this time Mayor Armstrong spoke to the public about the attack he
received from Mr. Taylor at the Public Hearing last week. He stated
that he was quite concerned about what Mr. Taylor had to say and it
seems that this is uncalled for. He explained that there is a campaign
underway and he therefore believes that this attack appeared to be pre-
rehearsed. He reminded the public that his term does not expire this
year, and he will be on the alert for this kind of maneuver.
Councilman Sikes stated that the Mayor was only presenting the budget,
it was figured out by the entire Council. He also added that it was
brought out at a previous meeting that the Mayor did not put any priorities
on the paving program.
Councilman Dietz asked if the Mayor has met with Mr. Cameron about laying
the lines in his park?
Mayor Armstrong explained why he has not met with Mr. Cameron yet, and
that he will meet with him tomorrow.
Councilman Dietz stated that while this work is going on he would like
to get Briley, Wild to go ahead and draw up the engineering plans to
lay the sewer line down Dayton, so that we will not have to go back and
tear up the street again.
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Mayor Armstrong stated that he thinks that it will cost less to wait and
do that later.
Mayor Armstrong asked Councilman Dietz to talk to Mr. Kuyk about an in-
cident which occurred over the week end at the sewer plant between Mr. Kuyk
and a gentleman who went over to pick up some sludge to put in his yard.
Mayor Armstrong stated that he has had many complaints about the drainage
in the Florida Shores area.
The Council discussed the problems that they have been having with the
culverts and the drainage. Various specific problems were explained and
discussed.
Councilman Cairnie stated that this should be the responsiblity of the
Building Official to enforce this. and see that when new houses are
built, that the drainage is taken care of in the beginning.
Attorney Woods stated that this should come under inspection by the Building
Official.
Tape 3-A It was agreed that on any new construction, this should be considered
right in with the plans.
Councilman Dietz made a motion that we instruct the City Clerk to inform
the Building Official that all new homes will have a provision in it
where the drainage pipe under the driveway will be figured into the cost
of the building and inspections will be made so that the drainage will be
proper in the area, being seconded by Councilman Sikes.
Councilman Sikes stated that some areas will not require the drainage.
Do we leave this up the the inspector?
Mayor Armstrong stated that the Ordinance sets this out in it and he will
comply with the Ordinance.
Upon roll call vote said motion CARRIED, 4-0.
Councilman Dietz asked what is to be done about the problems that we
have now?
Mayor Armstrong stated that if he has any problems he will ask them to
come before the Council.
ADJOURNMENT:
Councilman Cairnie made a motion to adjourn, being seconded by Councilman
Sikes. Said motion CARRIED.
MINUTES TAKEN BY:
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