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08-09-1976 - Regular o f,/7 u CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA REGULAR MEETING HELD August 9, 1976 Mayor Armstrong called the City Council of the City of Edgewater to order Monday, August 9, 1976 at 7:30 P.M. ROLL CALL: 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 ~~ ~ INVOCATION: SALUTE TO FLAG: APPROVAL OF MINUTES: Councilwoman Webber made a motion to approve the minutes of the meeting held July 26, 1976, being seconded by Councilman Cairnie. 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 she read changes to be made in the bills for the overtime. She answered several questions from the Council, and then read the list of bills in the Water and Sewer account. There was a question about the Electric Construction bill. It was agreed that this bill should be held up until we find out if the work was completed. Also the American Hardware bill was discussed and the City Clerk is to look into the matter of our discount before paying this. Councilman Sikes made a motion to pay the bills as corrected, being seconded by Councilwoman Webber. COMMUNICATIONS: Certification of Posting The City Clerk read a letter from Edgar Bennett of the Division of Employment Security in regard to the employee working for the City under their program. Mayor Armstrong explained that the young man is a very hard worker and that the City Clerk should write a letter giving him a good recommendation. o u The City Clerk read a letter of information to the public from a Mrs. Ken M. Cooke asking for information about the boating in Edgewater and so on. Mayor Armstrong stated that we will be receiving more letters of this type because of a letter mailed by Magnuson. The City Clerk read a letter from the Florida Municioal Code Corp. concerning the revision and codification of the Ordinances. The letter explained thoroughly how this work will be done and the costs involved. Councilman Cairnie asked a question about payments. The City Clerk explained that they will work with us and we would be allowed to pay them within two budget years. She read from the letter about the costs. Mayor Armstrong asked the attorney a question about employing someone by Ordinance. Attorney Woods stated that we use to use a system of employing people by Ordinance, and he does not feel that this is necessary, especially since most of these Ordinances state that the employment is terminable at will of the Council. This could be done by Resolution. There was conversation as to what exactly is permanent nature as far as the Ordinances are concerned. The Zoning Ordinance is quite lengthy and will be a great cost in itself, and it vlill be subject to change from time to time. There was discussion as to what this is going to cost the City, and whether it will be better if we do our own editorial work. The City Clerk explained that this man told her that they will disregard the Ordinances that are not of a permanent nature. She read from the letter where it explained how they will analyze our Ordinances. Mayor Armstrong stated that he does not feel that they are going to do the editorial work for free. Councilman Cairnie suggested that we turn this over to our attorney to check out these questions we have brought up. Mayor Armstrong asked the attorney to make a call and find out for us. Tape 2-A The City Clerk read a letter from the Department of Environmental Regulations asking what the City's plans are in regard to the landfill. Councilman Sikes suggested that we write a letter back to Mr. Collins telling him that we are waiting to see the report on the water sample before we know what steps to take. The City Clerk read a letter from Briley, Wild in regard to the sewage lift stations not having high level alarms. He suggested that they be installed. Councilman Dietz spoke on this, stating that Briley, Wild assumed these alarms were installed during the initial construction, however this was something that was omitted by the Council as an unnecessary item. Mayor Armstrong stated that nothing was omitted from the pumping stations, and he wonders if the plans and specifications required them? The plans are in City Hall, and he will look at them to see. -2- ~ o o Councilman Dietz explained the system that is recommended for this alarm system. Mr. Gross was given the floor,and he stated that he does not feel that Briley, Wild is doing the job they should be doing for the City. Councilman Dietz stated that he would concur if the Council would like to get an opinion from another engineering firm. Councilman Cairnie stated that he visited the Water Plant, and he was amazed at the improvements that the new man has made over there. Mayor Armstrong stated that he is really impressed with Mr. Kuyk AUDIENCE MISCELLANEOUS: Mr. Opal stated that he would like the letter read from May, Zima, which had to do with the figures explaining how to purchase equipment. It was explained that the City has not received such a letter, however there is a delay because Mr. Cunningham is out of town. Mr. Fredericks was given be floor. He explained that he was the water meter reader, and he feels that it is unjust that he received a letter such as he did. He read the letter. Councilwoman Webber explained to Mr. Fredericks that this was brought up at the last meeting and there was a letter to be mailed to him explaining the whole circumstances to him. Mayor Armstrong explained that although he did not sign any letter, he was knowledgable of a letter going out to Mr. Fredericks. He did have it brought to his attention that we were behind in the meter readings due to Mr. Frederick's ill fortune. He added that the responsibility in the department was that they get the meters read in order to keep up with the bookkeeping department and there was some ill feelings about the bookkeeping department on account of not having the meters read on the dates that they were supposed to be. He also explained that in Mr. Frederick's absence the maintenance crew in the department had taken up the reading, and the fact is that it is a more feasible operation to do it this way. RESOLUTIONS: None ORDINANCES: ORD. NO. 959 AN ORDINANCE TERMINATING THE EMPLOYMENT OF SIGURD OHRWALL AS SANITARY SEWER OPERATOR FOR THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, SPECIFICALLY REPEALING ORDINANCE NO. 477 AND ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREIN AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Woods read this Ordinance in full. Councilman Dietz made a motion to adopt this Ordinance, being seconded by Councilman Sikes. -3- o o Councilman Cairnie asked if it is true that up until the passing of this Ordinance Mr. Ohrwall remains superintendent of the Sewer Department? Attorney Woods stated that he was terminated at the will of the Council on July 16th 1976, this Ordinance is a mere formality, since he was hired by an Ordinance the Council wishes to terminate him by Ordinance. Mayor Armstrong stated that he has been working in the Street Department, he added that he has not signed any letter of termination. Councilman Dietz stated that all employees work at the will of the Council and it was the will of this Council that this man be terminated on July 16th, and this is all that it takes. Mayor Armstrong stated that his interpretation of an Ordinance is that it is a law and we have to live by it until we rescind it. Attorney Woods stated that there has recently been a decision made by the Supreme Court that an employee of the City is terminable at the will of the Council . Councilman Sikes stated that we know that Mr. Ohrwall can not continue at the Plant when the new operation begins, however if the Mayor has him working we should continue his employment at a salary that would be agreeable until at least the end of the year until he can apply for his social security. Tape 2-8 Mayor Armstrong stated that he has already indicated to him that at the end of the year he will retire but from now until December he can not draw any social security. He added that he is working at the Street Department now, and is working at the same salary he was working before. He said that he realizes that some changes should be made in regard to his salary. Councilman Sikes asked the Mayor what he would suggest. Mayor Armstrong stated that the CETA program is $2.56. Councilman Sikes asked the attorney if Mr. Ohrwall would qualify for un- employment compensation? Attorney Woods stated yes. Councilman Sikes stated that we are going to have to pay this anyway, so why not pay him a little more than what he would get paid as unemployment. Mayor Armstrong explained that the only thing you can do is offer him what you are paying the others to go ahead and work through December 31st, and if he turns it down he will have to go home and draw his unemployment. Councilman Sikes stated that he does not think $3.00 an hour would be out of line; he added that he would like to make a motion to this effect after we vote on this Ordinance. Upon roll call vote on the motion to adopt the Ordinance, said motion CARRIED. 3-2 Councilman Cairnie and Mayor Armstrong voting NO. Councilman Sikes stated that he would like to make a motion, but he wonders if he would be doing the man an injustice by making one or not. Mayor Armstrong stated that he will talk to the man and see what he wants to do, because if he wants to draw his unemployment let him, however if we offer him the job and he does not want it he will not be eligible for un- employment. -4- , I o o OLD BUSINESS: License request - Mayor Armstrong stated that this is the request for the concrete construction business, building sidewalks and so on." He has no equipment that he will keep, no concrete mixers and so forth to keep at his residence. Attorney Woods stated that we have been getting an undue number of these home license request and we do have certain areas of the City zoned for commercial and he thinks we should take some action to look into this because we might be turning Florida Shores into a commercial area. There was discussion about these requests that have been coming in, and that they were previously referred to the Zoning Board to handle. Councilman Cairnie made a motion that we refer this to the Zoning Board, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. 5-0 VCATS - Resolution - Mayor Armstrong explained the letter to the audience. He read the tentative type priority projects set up by the Department of Transpor- tation. We are the next to last item on the entire program. He said that the meeting at which this Resolution will be voted on will be Wednesday, August 11,1976 at 1:30 and he intends to go, he would like the Council to instruct him to vote that this list is all wrong and that we want to be placed number three on the list. Councilman Dietz stated that there is a committee in New Smyrna Beach opposing this overpass. It was suggested at one of their meetings that a Resolution be drawn up for a Congressional Inquiry and into their budget. Attorney Woods stated that he is not sure what effect this would have however he feels that it might benefit the Council to initiate a Congressional investi- gation into the priorities they have set up. Mayor ~rmstrong stated that he has also spoke with the committee in New Smyrna and he feels that our thinking is somewhat the same in regard to this. We have nothing to do with New Smyrna Beach. The bridge in Edgewater is a project that they promised us years ago, and this program here was scrapped. The bridge down here will dump 5,000 cars a day through Edgewater and as far as expansion is concerned in the entire a~ea and the safety for those people on the South beach it is the only feasible manner in which to combat the problem they now have and everyone is in concurrence with that except the D.O.T. Councilman Dietz stated that by a Resolution we could legally go on record that we are going to approach this in this manner, if they continue on in their present course. A six million dollar overpass in New Smyrna Beach is a waste of the taxpayers money. There was quite a bit of discussion about this. Mayor Armstrong stated that if our attorney will put together a Resolution not opposing the four laning of 44 to U.S. 1, but opposing a six million dollar bridge in New Smyrna Beach, which no one knew about. and which will cause the expenditure of another 13 or 14 million dollars a little later, we can send copies to our two Senators and to our Congressman. Councilman Dietz made a motion to have the attorney draw up a Resolution of intent to ask for a Congressional investigation in regard to the overpass in New Smyrna Beach, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED 5-0 -5- (.) u Councilman Dietz made a motion that the Council go on record stating that we are opposed to the Resolution put out by VCATS and the Department of Transportation as to the priority list. We feel that the priority set for the bridge on #442 should be put up in the number three position, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED 5-0; NEW BUSINESS: Councilman Cairnie stated that he would like the Mayor to write a letter to Richard Houghwaut, the boy who painted the benches in the park, and give him thanks, and a copy of the letter to be sent to his Scoutmaster. Mayor Armstrong stated that there will be a meeting tomorrow at 6:30 P.M. with Mr. McBrayer, and this meeting will be out of the Sunshine. MISCELLANEOUS: RECESS: Councilman Dietz made a motion to recess this meeting until Thursday 6:30 P.M. to 9:30 P.M. for discussion of the budget only, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. 5-0 MINUTES TAKEN BY: Sue Blackwell Debbie Sigler M6G~:L ~/::zrl-;fr-5 ~.c}- WJ4,- ~ ou . woman (J August, 1976 ~ ~\ ATTEST: ~WJ~ (Ci ty Cl erk Approved thi s 0(:3 ~ay of ~yrZ~~~ May r - U -6- . . GENERAL FUND: City of Edgewater WW & SS Florida Power & Light Steve Kelley Pete Realmuto Dennis Warren American Hardware News Journal Corp. Southern Paint Ti ptons Taylor Brothers Hall Machine Works Russo Communications Smyrna Auto Parts City Auto Supply Diversified Electronics Fla. Fire & Safety New Smyrna Beach Edgewater Red & White County of Vol usia WATER AND SE~JER: Florida Power & Light News Journal Corp. American Hardware Electrical Construction City Auto Supply Frank Hall Plumbing Daytona Armature Works Electrical Construction Hughes Supply o u BILLS AND ACCOUNTS AUGUST 9, 1976 Fire City Hall, Com. C.,P & P, C.D., Ba1pk P.O. P.O. P.O. City Hall, P.O., Street P.O. Shuff1brd. Mayor & Council Misc. P.O. Street P.O. P.O., P.B., Street P.O. P.O. P.O. Shuff1brd. Bldg. Inspectors Water and Sewer Water Water and Sewer Sewer Sewer Water Sewer Sewer Water 5.50 564.66 56.28 51.00 46.20 21.98 8.25 18.54 17.50 50.00 5.46 18.00 109.83 '122.16 140.50 14.40 350.00 6.86 634.79 2,241.91 422.63 8.25 312.71 112.13 1.80 30.73 100.60 38.58 58.68 1,086.11