Loading...
07-19-1976 - Regular o .~ CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA REGULAR MEETING HELD JULY 19, 1976 Mayor Armstrong called the City Council of the City of Edgewater to order Monday, July 19, 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 Excused Present Present Present Present Present Present \1)""~D ~. ~.. ~ . W".\. . it'nUi , INVOCATION: SALUTE TO FLAG: APPROVAL OF MINUTES: Councilman Cairnie made a motion to approve the minutes of the meeting July 12th, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. 3-1 Councilman Sikes voting NO, because he was not present. BILLS AND ACCOUNTS: The City Clerk read the list of bills and answered various questions from the Council. Councilman Dietz made a motion to pay the bills, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. 3-1 Mayor Armstrong voting NO, because he does not agree with the $693 typewriter. COMMUNICATIONS: Certification of Posting Budget Reports Clerk's Cash Statement The City Clerk read a report from the Building Official in regard to Mr. King's sign. Councilman Cairnie stated that the Council has never voted on the new Sign Ordinance. It was explained that Mr. Murphy is going by the requirements in the old Sign Ordinance. Mayor Armstrong stated that there are personalties involved here between Mr. King and Mr. Murphy. All Mr. King is objecting to is the extra charge. Councilman Sikes stated that we should advise Mr. King to pay the permit or give him ten days to take the sign down. . Q o There was discussion about whether the sign is up or was taken down. Mayor Armstrong stated that the fuss is over the double fee. Attorney Woods stated that neither party is here and all we are doing is talking hearsay. Mayor Armstrong recommended that the correspondence be tabled until one of the parties is present. Councilman Dietz stated that we have the written report from the Building Official. Mr. King is appealing but he never comes to the Council so that we know what he is talking about. Councilman Sikes made a motion that we have the Building Inspector check, if the sign is down, then that is it, but if the sign remains we should give him ten days to pay the necessary permit according to the Ordinance that we are working under and if he doesn't pay have it removed, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. 4-0 AUDIENCE MISCELLANEOUS: Mr. Rex Arnett, 111 Munson Drive spoke to the Council on behalf of the neighborhood around Tommy.s Bar. He explained that they are having problems with people parking in their yards, throwing glasses. It is a constant disturbance, and although the police have been doing all that they can, there has to be a solution to the problem. Chief Baugh stated that he has been down there several times himself. He has talked to Tommy and was assured that something would be done. The man at the Texaco station gave them permission to park on his property. Mayor Armstrong stated that cars could be towed away and fines charged for parking on personal property. Councilman Sikes asked why we should keep our bars open longer than New Smyrna does. Mrs. Fico spoke to the Council that her husband has been watching and when some- one parks where they shouldn't he takes down the tag number and has the person move the car. It was agreed that the Chief of Police is to make a report on this for the Council. RESOLUTIONS: None ORDINANCES: None OLD BUSINESS: Report on Municipal Code - The City Clerk stated that she talked to a man on this. He told her that it sounds like the whole thing would have to be done over, and it would be between 600 and 800 pages and the cost is $15 a page. A man will be over the 3rd day of August to give us a better estimate. -2- Q o Attorney Woods explained that New Smyrna has their Zoning Ordinance separate, which saved them some money. rape 2-A There was discussion among the Council as to what should be done about revising the Charter and Code of Ordinances. It was agreed that we should wait until after the City Clerk meets with this man in August because he might have a good idea to help us. Report on Pine Street and Cocoa Palm - Mayor Armstrong stated that the report is 3 men and 2 machines 6 hours we have relocated the road, filled up the old ditch and put in a new one, rearranged the drain canal and fixed it up a bit. Mr. Audrey Davis spoke to the Council explaining the problem. He stated that this road is repaired after every rain because it is washed out, but the answer to the problem is paving the road. He complained about the Florida Power and Light poles on that street, stating that they are certainly misplaced. Report on Self insurance - Mayor Armstrong stated that he was suppose to talk to the County man about this, but he had no information to give out, because they have not gotten into this yet. Report on Police Car Transmission - Chief Baugh stated that this is #301, and it has about 125,000 miles on it. It will cost between $150 and $175 to get it running again. Councilman Dietz stated that he feels that all of these repairs on these cars are futile, and that we should buy some new cars. Chief Baugh answered various questions from the Council about the Police cars. Councilman Dietz suggested that we buy three new cars; one now and two after the new fiscal year. Councilman Sikes stated that perhaps we could make some of these repairs, and not purchase new ones when we can repair them. He said that perhaps we could buy two new cars. Councilman Dietz stated that after cars are past 100,000 miles it is futile to spend a lot of money repairing them. Mayor Armstrong stated that the Chief should come up with specifications so Tape 2-B that we can go out for bids. This was agreed with. Discussion on Garbage Petition - Mayor Armstrong read the petition which was presented to the Council at the last meeting. He announced that on Friday at 1:30 Mr. Collins and probably others will visit Edgewater for the purpose of discussing with the City Council the landfill and making an inspection at that time. He stated that in order to comply with the Sunshine Law he suggests that at the close of this meeting we be recessed until that time on Friday. Councilman Sikes suggested that we have our engineers at this meeting. Councilman Cairnie and Mayor Armstrong both didn't think that this was a good idea. Mayor Armstrong stated that we have some conflicting statements from Mr. Collins office and Briley, Wild's office. Councilman Sikes stated that we are going to have to do what Mr. Collins tells us and we will have to depend on our engineers to follow this through. There were some comments from the audience. Mayor Armstrong recommended that this be tabled until Friday. Councilman Cairnie made a motion that we accept the petition and that it be tabled until after the meeting with Mr. Collins, being seconded by Councilman -3- Q o Dietz. Upon roll call vote said motion CARRIED. 4-0 Councilman Cairnie made a motion that we rearrange our meeting a little, that when someone from the audience speaks they are to come up front so that everyone can hear them, being seconded by Councilman Dietz. Mr. Gross spoke to the Council that the audience can not hear them either. Mayor Armstrong spoke that it is a shame that we can not have a Council chambers so that the microphones can be set up so that everyone can hear and they would be left alone, however these are moved back and forth and that is the main problem. Upon roll call vote said motion CARRIED. 4-0 Discussion on Sick Leave - Mayor Armstrong stated that sick leave is necessary and it is for the employees to appreciate. There have been some thought towards increasing the number of days accrued sick leave that an employee is titled to, presently it is 20 days. In changing this to thirty the number of days each month will change. Councilman Cairnie stated that this sick leave problem is very complicated and he feels that the Mayor should appoint a member of the Council to sit down with the City Clerk and discuss this to bring suggestions to the Council. Councilman Dietz made a motion that we table this until the next meeting, being seconded by Councilman Sikes. This motion and second were withdrawn Councilman Cairnie made a motion that the Mayor appoint one member of the City Council to work with the City Clerk and work out a program for sick leave, being seconded by Councilman Dietz. Councilman Dietz stated that he feels that Mr. Sikes should be the one to work with her because he is the Coordinator in her department. Councilman Sikes stated that the only problem is that this is one of the items that will be negotiated with the P.B.A. and he feels that we should not dis- cuss it, because what we decide on in the negotiations we will have to work out for the entire City. Tape 3-A It was explained that the negotiator recommended that the City have a standing sick leave policy before the negotiations. Upon roll call vote on the motion, said motion CARRIED. 4-0 Mr. Wharton spoke to the Council that there should be some incentive so that the employees will not take unnecessary sick days. Councilman Cairnie stated that he spoke to an official at Halifax Hospital and under their program you get paid a bonus if you don't take sick time. Mayor Armstrong asked Councilman Sikes if he would work with the City Clerk on this. Councilman Cairnie stated that a section from the Charter reads that anyone claiming over time, the voucher must have the approval of the Department Head and then it must be turned over to the City Council for their approval. He added that we don't follow this anymore. Mayor Armstrong stated that we have Federal Wage and Hour law which was the reason that we have not been following this, however about a month ago the Supreme Court ruled this out, so now we are back to the same thing that you just read. -4- Q ~ Councilman Dietz stated that we talked about this overtime the other day. Mayor Armstrong agreed, however no decision was made. He stated that what he would like is that approved overtime may be paid with approval of the Mayor and City Clerk. Councilman Dietz stated that it should be approved by the Coordinator, because he knows what is going on in his department. Councilman Cairnie stated that he doesn't understand why an Ordinance can't be drawn up to give the City Clerk and the Mayor the authority to sign for the overtime, but a report should be made to the Council for the over time approved. Discussion on John Blanken's rezoning request - Attorney Woods spoke to the Council on this, that it seems that when the new Zoning Ordinance was passed was the time for Mr. Blanken to bring this up. He stated that now it seems that it will be a change in the comprenhensive Zoning Ordinance if this was granted to him; it is a spot zoning. Mayor Armstrong brought the Council up to date on Mr. Blanken's situation. Explaining that Mr. Blanken feels that the City should allow him to revert back to Ordinance 219, since he was not present when Ordinance 880 was adopted. The Attorney answered a few questions from the Council in regard to this. Councilman Sikes stated that we advised Mr. Blanken to go to the Zoning Board, and he did appear however he never applied to them, so he has not followed through with what the Council advised. The City Clerk explained that the Zoning Board wants the Attorney's opinion on this. Tape 3-B Councilman Dietz suggested that the Attorney give his opinion to the Zoning Board, turn it back to the Zoning Board, cash the check and let the board handle it, and present their recommendation to the Council. Mr. Mackie spoke to the Council about this, explaining that it was Mr. Weaver's opinion that Mr. Blanken was acting as an attorney for the people in that neighborhood, which was not right. He explained that all we wanted done was to check and make sure about all of the signatures and to see that the appli- cation was in order, and then the Zoning Board could take over from there. Mrs. Turner stated that no one is going to go along with allowing him to build on fifty foot lots on Riverside Drive. Attorney Woods stated that the man has the right to be heard by that board, and if he doesn't like their opinion, he can appeal to the Council. It was agreed that this is to go back to the Zoning Board. NEW BUSINESS: Set up budget workshop - Councilman Cairnie stated that the City Clerk should set up the date and time. The City Clerk stated that she would suggest that next Monday night would be o.k., and she would like to have some day time workshops. It was decided that a decision would be made about a time and date at the next meeting -5- ~ o o Attorney Woods stated that he spoke with Mr. Chisholm, the attorney for the Southeast Bank, and it was brought to his attention that we have to sign a promissory note, a bond anticipation note, because the contractor is near a draw. We need a Resolution authorizing the Mayor and City Clerk to sign this note. Councilman Cairnie made a motion that the Attorney draw up a Resolution auth- orizing the Mayor and City Clerk to sign the promissory note on the construction project, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. 4-0 MISCELLANEOUS: Councilman Dietz stated that he has to have some test equipment for the Sewer Plant. It will come to $1775.61. He stated that this is something that we have to have. He stated that the filler beds have been started, the tanks are working, the digestors are working, the affluent coming out is showing a good test. Councilman Cairnie stated that what bothers him, all these years with our engineers checking the plant every so often they never made a recommendation of all this new equipment, and all of a sudden we have to have this and that. Councilman Dietz stated that this is not the engineers, it is the State and Federal Governments, E.P.A. Councilman Cairnie asked why the engineers don't advise us of these things? Councilman Dietz stated that Mr. Wild and Mr. Fernandez concurred that we need these things because we have to make these tests. Councilman Cairnie stated that we had a superintendent of the plant and everyone said that he did not make the right reports, Briley, Wild concurred that the equipment was all right, now all of a sudden everything is all wrong over there. Councilman Dietz stated that nothing is wrong. This equipment is for making the tests. When the new plant comes we will have to buy a lot more. Mrs. Turner spoke to the Council stating that when our City engineers are hired to do a study, whether it is on Water and Sewer or Commercial garbage collection, .doesn't he get a 6% commission on these projects if they are adopted? Of course it is to his advantage to sell a million and sixty thousand dollar Water and Sewer plant, certainly he represents commercial garbage pick up. Why didn't he explain to us the other alternatives that we had, fixing up the landfill, separating the trash from the garbage, also leasing or buying a new truck to go to Tomoka. Why doesn't Mr. Fernandez explain these things to us? We all know that Mr. Weaver got 6% finders fee for validating the water and sewer bonds, since then we have had no progress report. Are they building the new plant, where do we stand? If the old systems were so unsatisfactory, why do we continue to hire Briley, Wild to engineer the next one? Mayor Armstrong stated that he can not answer all of her questions. He doesn't know about the 6%. He stated that we did have a savings by using our old contract with. Briley, Wild instead of using the Farmers Home contract. He stated that he does agree with the statement about the alternatives. It seems that they are taking a one way street on most of the issues. He said that he was unhappy about the new water well fields when we did spend the extra money in 1964 or 1965 when the only eight inch line in Edgewater on west of Florida Shores and this was abandoned and we went back to the Park Avenue sight. He stated that he is disappointed that they tell Mr. Dietz all of these things that we have to have; there is no letter from Briley, Wild about this. He said that he knows everything that went into the lab was -6- o (.) is in the contract price and if we have to have additional equipment he wants the engineers to certify to us that we have to have it. Councilman Dietz stated that in our present budget that was set up for the year 1976 we are going to have left over $37,000. He explained again that we have to have this equipment; it is an E.P.A. requirement. He read a list of equip- ment and the cost for each. Mrs. Turner asked what would happen if we wrote a letter to E.P.A. and told them that we could not make this test until our new plant opens? Tape 4-A Mayor Armstrong stated that he would like an explanation from Briley, Wild as to why we have to have this now. Councilman Dietz stated that he would get a letter from Briley, Wild. There was more discussion about this equipment, and whether we should buy it now or until after the new budget. Mr. Gross stated that it is healthy for us to question things like this, just like when we questioned the insurance that time, and there had been a mistake in the billing. Mayor Armstrong stated that if we need this equipment we need it, however we should have it certified. We will do what we have to do. RECESS: Councilman Sikes made a motion that we recess this meeting until Friday, July 23, at 1 :30 P.M., being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. 4-0 MINUTES TAKEN BY: Sue Bl ackwell Debbie Sigler '___.r-~ Y~Q Ma or /' ~&: fCl:~ ~ Co ,1 woman (/ '..',~~ ~\ ~rfkLdt, ~~man M0 ~ ?j~~'// . L_ rf/M Approved this ,}nc/ day ,~, <'1 ~ Councilman of I JIMff , 1976. ~~~~~A~ ~ ~ ATTEST: -7- o GENERAL FUND: City of Edgewater WW & SS Southern Bell Florida Power & Light New Smyrna Builders Supply Brown's Air Conditioning Coastal Office Machines Pitney Bowes West Publishing Company ._ G.A. Thompson Company Gasoline Alley Higginbotham Taylor Brothers Norman Graphics, Inc. New Smyrna P.O. Gray Drug Stores IBM Southern Bldg. Code Congress Burns Janitor Service National Chemsearch WATER AND SEWER: City of Edgewater WW & SS Southern Bell N.W. McCall Edgewater Red & White New Smyrna Builders Supply Edgewater Mfg. Co. Hall Machine Works National Chemsearch (J BILLS AND ACCOUNTS JULY 19,1976 City Hall, Com. Ctr., Shuf1brd. Fire, Street Street lites,. Traffic lite, Street Fire Li brary City Ha 11 City Hall P.O. P.O. P.O. P.O. P.O. P.O. P.O. P.O. City Ha 11 B1 dg. Inspector City Ha 11 Street 35.35 105.24 2,147.49 15.01 13.30 89.50 33.00 40.00 152.00 19.00 6.82 10.00 241.65 154.50 55.15 693.00 40.00 24.48 160.65 4,036.14 Water Water Sewer Sewer Sewer Water Sewer Water 5.50 60.44 206.45 10.51 13.23 4.65 26.00 317.00 643.78