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08-16-1976 - Regular Or;2 .3 , -~. "It u o CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA REGULAR MEETING HELD August 16, 1976 Mayor Armstrong called the meeting of the City Council of the City of Edgewater to order August 16, 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 Present Present Present Present Present Present Present ~~~~~ 't..('\\ 1.;; :'~ ~ < '; -': .' A., ("" .',' .-.J ,. ... v., .~. ~. .,;1 ..'...'.<;. ,"..1:"v '\a'oft ~b\ ~';': .'~ ~ ,. \_.. .'J ~'Y. , 1',1, , ..... ,p'_~ ;J . ". ..... ROLL CALL: INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES: Councilman Cairnie made a motion to table the minutes of the August 2nd meeting, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. BILLS AND ACCOUNTS: The City Clerk read the list of bills in the General Fund account. Councilman Cairnie questioned the over time in the Police Department. The Chief explained that one man is on vacation and we had one man quit, there- fore we have had to double up. There was some discussion about this, and Councilwoman Webber stated that we will always have overtime as long as we are understaffed. Water and Sewer account - The City Clerk explained that there was a question last week about the American Hardware bill, and we did get the discount on this. The bookkeeper was out on vacation and this was an error by the girl filling in. The City Clerk read the list of bills in the Water and Sewer account. Councilman Dietz made a motion to pay the bills, including the American Hardware bill, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. 5-0 o o COMMUNICATIONS: Certification of Posting ~1ay, Zima and Company - The City Clerk read a letter from May, Zima and Company in regard to appropriating funds for capital improvements in the Water and Sewer System Operating and Maintenance Fund and/or the Renewal and Replacement Fund. It was stated that it is their opinion that capital improvements can be appropriated and expended from the Renewal and Replace- ment Fund because these costs are necessary to operate and maintain the system. It was also explained that the monies expended from the Renewal and Replacement Fund must be replenished from the Revenue Fund to main- tain the reserve at $50,000. Mayor Armstrong stated that he does not agree exactly with what they have to say, he explained why. Councilman Dietz stated that since we do not have a line item for capital improvements we have no choice than to take this out of Renewal and Replace- ment. We are not interferring with any of the deposits. Mayor Armstrong explained the system of operating the Revenue Fund. Mary A. Murphy - The City Clerk read a letter from Mrs. Mary A. Murphy in regard to a lot that her sister owned in the Florida Shores area, and the recent letter sent out by Magnuson Corporation. Councilman Sikes stated that we should turn this letter over to the Chamber of Commerce for them to notify some of the real estate agencies. Tape l-B There was some discussion on this, Mayor Armstrong stated that there is no motion necessary. We acknowledge the communication and will send it to the Chamber. The City Clerk read a letter from Larry W. Arrington, Administrative Aide, Board of Tax Adjustment. This was a notice of a schedule for appeals before the Board of Tax Adjustment. This communication was a matter of information. The City Clerk read a letter from Rick Fernandez of Briley, Wild and Asso- ciates in regard to the Public Works Act. He explained that he is unable to provide a price for preparation of an application for the public works act funding until a meeting which is set for September 2, 1976 to discuss such rules. AUDIENCE MISCELLANEOUS: Mr. Hap Cameron was given the floor. He explained the rain water situation to the Council, and presented copies of plans to each Council member so that they could see what he is proposing. He explained the system in detail. Mayor Armstrong also explained this further to the Council. He has met with Mr. Cameron and discussed this problem several times. He added that the tentative agreement reached by him and Mr. Cameron is that the City would buy the pipe and Mr. Cameron would put it in, and the City would be held blameless. We are talking about a project which is not to exceed $1,500. Mayor Armstrong and Mr. Cameron answered several questions in regard to this. Councilman Dietz asked the City Clerk if we have funds available for this? The City Clerk stated that this could go under Street paving and improve- ments and there is budgetted money for it. -2- o o Councilman Dietz made a motion that we authorize the Mayor to enter into a contract that will be drawn up by our City Attorney with the Cameron's Incorporated for the installation of a storm sewer drain on Eaton Avenue to the 18th Street ditch, being seconded by Councilman Sikes. Mr. Don Ramsey was given the floor. He stated that before the Council rules on this he would like it to be referred to the planning board or someone read the State Comprehensive Land Use Act. Mayor Armstrong stated that this constitutes an emergency and could be of danger to a lot of homes. He stated that he does not feel that we are in violation of anything. Tape 2-A Attorney Woods stated that this is not quite a planning project, it is a drainage matter that exists now. Councilman Dietz stated that he thinks it should be explained that this will in no way interfere with the water table at all. Mr. Cameron suggested that a copy of these plans be kept and attached to the contract. Upon roll call vote on the previous motion, said motion CARRIED. 5-0. RESOLUTIONS: RES. NO. 667 A RESOLUTION OPPOSING THE CONSTRUCTION OF A OVERPASS ON STATE ROAD 44 TRAVERSING THE EAST COST RAILROAD TRACKS AND UNITED STATES HIGHWAY #1 IN NEW SMYRNA BEACH, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Woods read this Resolution in full. Councilman Dietz made a motion that we adopt this Resolution, being seconded by Councilwoman Webber. Mayor Armstrong spoke about an article that was recently in the newspaper about the appointing of certain representatives to the Metropolitan Planning Organization. He stated that no one will represent Edgewater or Oak Hill on this board. Councilman Dietz stated that the County Council has always left Edgewater and Oak Hill out of their plans, because their over all plan is that everything will become a part of New Smyrna Beach. Mayor Armstrong agreed with this. Councilman Dietz stated that we should write a letter to the governor in the form of a question as to why we are not represented. Councilman Sikes stated that we should by pass the State, they want Federal funding especially since the National Park is going to get started, they are going to want to have a bridge to that. It was suggested that a wire be sent to the governor asking him to hold up on the appointments to this board, and send a letter to explain our reasons. Councilman Sikes suggested that with the letter, we can send them a copy of this Seashore Park proposal, and show the last five year plan and a copy of the map showing the bridge going across. Upon roll call vote on adopting the Resolution, said motion CARRIED. 5-0 -3- o o OLD BUSINESS: Planning Board By-laws - There was quite a bit of discussion about the changes which were to be made in these by laws. Mr. Wharton answered some questions in regard to this. Councilman Dietz made a motion that we turn a copy of this over to our attorney to see if this complies with the law, being seconded by Council- woman Webber. Upon roll call vote said motion CARRIED. 5-0. VCATS Resolution - Mayor Armstrong spoke on this. He stated that he wants to express his appreciation to Mr. Francis Dietz who attended the meeting. Mayor Armstrong reported on this meeting, explaining that the whole matter was tabled and the municipalities of Volusia County were invited to pass a Resolution giving the priorities that they would set in their City. The Council discussed with the Mayor several things to be put on our priority list. Councilman Dietz suggested that the Mayor write out all of the priorities and bring it back to the Council to look over and talk about. He also suggested that the four laning of 44 be added to our list with the exception of the overpass. Mayor Armstrong stated that he will get the list prepared and to the Council before the next meeting. NEW BUSINESS: Councilman Dietz asked what has been done about the street which is running through the man's property on Perdita Street? Mayor Armstrong explained that the~e was a mistake made on ,the legal descrip- tion of the property. Councilman Dietz made a motion that we instruct the City Clerk to turn over all the papers pertinent to this problem to the attorney for him to check it out and report to the Council as to what he found and his recommendation, Councilman Sikes stated that we left this last time that this man is to pro- vide us with a survey and when he does this, and if it shows that out street is on his land then we should enter into it. There was discussion as to how this should be handled. Mayor Armstrong stated that we should have Mr. Cory look at this again and find out about the ten foot exception. Councilman Dietz's motion DIED from the lack of a second. MISCELLANEOUS: The City Clerk explained that we need to set up a meeting with Mr. McBrayer and the time for a budget meeting. Mayor Armstrong stated that he wants to bring to the Council IS attention that he spoke with Mr. Golden from Florida Power & Light Company today, and they donlt have any requirement at all in their plans to relocate any of the fence at the Sewer Plant except that part that goes around the big tank. We are going to have to have ingress and egress to that new addition by truck, and there have not been any plans made for this. -4- o u Mayor Armstrong stated that we have to get with our engineers on this because we have to get some plans for relocating this fence. Councilman Dietz stated that he will contact Rick Fernandez about this. Mayor Armstrong explained how he would propose that the fence be put up. Councilman Sikes stated that if the Council wishes to schedule a meeting during the day to work on the budget to go ahead and do it and he will try to arrange his schedule to make it. RECESS: Councilman Dietz made a motion to recess this meeting until Thursday at 9:00 A.M., being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. 5-0 MINUTES TAKEN BY: Sue Blackwell Debbie Sigler Mafk~ T;;:;~T /y~S ~~ ~. q;~ ~ Coun . woman /I .) Council man ~ ~ t/ ATTEST: i~k~~ ~ Approved this c36 day of August, A.D. 1976 4J~--7 a~~ May r -5- o GENERAL FUND: City of Edgewater WW & SS Southern Bell Florida Power & Light Francis H. Dietz Dana T. Armstrong Dennis Warren Pete Realmuto Robert Jones Howard Gaines New Smyrna Sheet Metal George Stuart Alexander N. Kulsa Edgewater Electric Dwight's Standard Oil Co. Gray Drug Stores Volusia County Xerox R.E. Morris Judson I. Woods WATER AND SEWER: City of Edgewater WW & SS Southern Bell Florida Power & Light News Journal Corp. Hall Machine Works Dobbs Armature & Pump Service Environmental Specialties Allied Chlorine Addressograph Multigraph '" o BILLS AND ACCOUNTS AUGUST 16, 1976 City Hall, C. C., Shuflbrd. Street, Fire Street, St. lites, Traf. lite Mileage Mileage P.O. P.O. P.O. P.O. Com. C. Spec. Prom. Fire Library P.O. Street P.O. C.D. City Hall P.O. City Attorney 51.85 76.72 2,175.35 14.28 10.64 46.20 51.00 53.64 46.20 18.72 73.53 57.00 65.72 4.59 2,264.23 17.86 21.75 218. 15 12.81 57.50 5,337.74 Water Water and Sewer Water and Sewer Water and Sewer Water Sewer Water Water and Sewer Water and Sewer 5.50 101.90 1,589.47 33.25 76.04 10.00 18.64 1 , 1 00 . 00 28.58 2,963.38