07-12-1976 - Regular
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CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA
REGULAR COUNCIL MEETING HELD
July 12, 1976
Mayor Armstrong called the regular meeting of the City Council of the City
of Edgewater to order Monday, July 12, 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
Excused
Present
Present
Present
Present
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; INVOCATION
\
SALUTE TO FLAG
APPROVAL OF MINUTES
Councilman Cairnie made a motion to adopt the minutes of the June 21st meeting
and the June 28th meeting, being seconded by Councilman Dietz. Upon roll call
vote said motion CARRIED. 3-0
BILLS AND ACCOUNTS
The City Clerk read the list of bills and answered various questions from the
Council about the bills.
Councilman Cairnie made a motion to pay the bills, being seconded by Councilman
Dietz. Upon roll call vote said motion CARRIED. 3-0
COMMUN ICATIONS
Operation and Maintenance Budget Report - Water and Sewer
The City Clerk read two letters requesting a street light at Pine and Cocoa Palm
The road is in bad condition and they can not get it paved, so they are asking
for a street light so that people will be warned of the conditions. One letter
was from Mr. and Mrs. Kenneth Spahr, the other letter was from Audry C. Davis.
Mayor Armstrong stated that he has spoke with both of these people. He des-
cribed the area to everyone. He said that the answer to this is a storm sewer,
but we are talking about a lot of money to do this.
Councilman Dietz suggested that if we can afford it, we should get repairs done
on this road. He asked the Mayor if he could get us some cost figures on it.
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Mayor Armstrong stated that he will look into this and bring the figures
back to the Council at the next meeting.
Mr. August Dare spoke to the Council about this condition, stating that if
someone gets injured because of this, the City could be sued, and that
would cost a. lot more than a new line.
The City Clerk read a meeting notice from the Volusia League Of Municipalities
forihursday, July 15, 1976. Mayor Ay'mstrong stated that he plans to attend
this meeting and he has already notified them himself.
The City Clerk read a notice from the Vol usia Council of Governments stating
that they are cancelling their July mee"ting and thelr next lilee"Cing will be
held August 11 tho
Tape l-B The City Clerk read a letter from Mrs. Nancy Kavanaugh, Chief, Bureau of
Laws~ Secretary of State's Office, explaining that the Ordinances sent to
her were fil ed, however they woul d 1i ke the changes put into the charter
and return it to them.
Mayor Armstrong explained that the Municipal Code Corporation brought
our Eharter and Ordinance up to date, and they told us that on a quarterly
bases we could send them Ordinances, and they would send us replacement
sheets. This has never been done.
Councilman Cairnie suggested that ,in our next year's budget we should bring
this whole thing up to date, and have the Municipal Code Corporation do it.
Councilman Dietz stated that this was looked into before and the cost of
this was going to be outrageous, and that was the reason for thE: big book.
This was discussed by the Council and it was decic€d that the City Clerk
should get a price on this for the Council.
The City Clerk read from the Certification of Millage and Taxable Value
form.
Mayor Armstrong spoke to the people about this. He has done quite a bit
of research on this and came up with the fact that the problem began in
.1974. He said that the law says that you will levy the millage in pro-
portion to,what you had the year before.
There was discussion among the Council about raising the millage, and it
was mutually agreed that the City should not ra"ise the millage this yeill'
There was no action necessary on the communication that the City Clerk read.
The City Clerk read a letter from Tom Strang, Briley, Wild and Associates
requesting approval of the use of certain subcontractors on the Sewer
Treatment Plant Expansion.
Councilman Dietz made a motion to grant the request, being seconded by
Councilman Cairnie. Upon roll call vote said motion CARRIED. 3-0
The City Clerk read a letter from Insurance Company of America in regard
to a State law increasing the workmen's compensation.
There was discussion among the Council in regard to our workmen's compen-
sation status. Mayor Armstrong stated that the County of Volusia is looking
into becoming self insured.
Tape 2-A
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It was decided that Mayor Armstrong is to look into this self-insurance.
AUDIENCE MISCELLANEOUS:
Mrs. Turner spoke to the Council asking that a new spirit of cooperation
be adopted between the Council. She suggested that each Councilman or
woman take time to update the public on the condition of his department.
She also recommended that we go back to workshop meetings to set up the
agenda, and that the Volunteer Fire Department be commended for their
fine efforts for the Bicentennial celebration.
Mr. Wharton submitted a petition signed by 446 citizens of Edgewater,
objecting to the City using a private garbage collection company for
our City.
Mayor Armstrong accepted the petion, and read into the minutes receipt
of same, and he stated that this would be put on the agenda for the next
meeting to be discussed.
Mr. Duane thanked Mrs. Turner for her comments about the Fire Department1s
work; he stated that some comment that was previously made about some
charcoal that the City purchased for the Fire Department was looked into
and this happened about four years ago, when the City paid the bill by
mistake and the Fire Department did reimburse them.
Mayor Armstrong stated that it was his comment and the fact was that he
did not intend to leave the impression that the City did not get reim-
bursed.
Mr. Gross asked the Council why the City of Edgewater can not get one of
these grants from the Government like the other local Cities are getting.
Mayor Armstrong spoke generally about the area program planning on the 201
and the 208 programs. He explained that the 208 program is 75% funded, and
it will cover some of the requirements made by the 201 program that other-
wise the City of Edgewater would have had to pay. So there will be a
savings for the City of Edgewater.
Mayor Armstrong stated that Norman King requested to be on the agenda.
Mr. King was not present.
Mayor Armstrong explained that Mr. King spoke with him about a new sign
he put up at his place of business. He stated that Mr. King talked with
Mr. Murphy about the sign before he bought it, and Mr. Murphy told him
that he did not have to have a certain sign. He said that after he put
the sign up, the Building Inspector came by and told him he had to have
a permit. The cost of the permit was $14.00 and he charged him $28.00
for not having the permit prior to installing the sign. Mr. King does
not feel he should pay double for the permit when the Inspector previously
told him that he did not need a permit. He would like the Council to waiver
the penalty.
Councilman Dietz stated that in fairness to our Building Inspector, we should
get a report from him, and not take a one-sided story. We should ask him to
file a complete report. We should hear both sides.
The City Clerk was instructed to inform Mr. Murphy to submit this report.
Mr. John Volosin asked to be put on the agenda, and he also is not present.
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RESOLUTIONS:
A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF EDGEWATER TO ENTER INTO
A CONTRACT WITH XEROX CORPORATION FOR THE LEASE OF A COpy MACHINE, REPEALING
ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE THEREFOR.
City Attorney Woods read the Resolution in full.
Councilman Dietz made a motion to adopt this Resolution, being seconded by
Councilman Cairnie. Upon roll call vote said motion CARRIED 3-0.
ORDINANCES:
ORD. NO. 958
AN ORDINANCE AMENDING SECTION 107.4 OF THE SOUTHERN STANDARD BUILDING CODE
AS ADOPTED BY THE CITY OF EDGEWATER, AND AMENDING CERTAIN SECTIONS OF THE
CITY OF EDGEWATER BUILDING CODE AND PROVIDING AN EFFECTIVE DATE THEREFOR.
City Attorney Woods read the Ordinance in full. This is the second reading
Tape 2-8 on this Ordinance.
Councilman Dietz made a motion to adopt this Ordinance, being seconded
by Councilman Cairnie.Upon roll call vote said motion CARRIED 3-0.
ORD. NO. 954
AN ORDINANCE AMENDING SECTION 2-25 OF THE CODE OF ORDINANCES OF THE CITY
OF EDGEWATER, FLORIDA, BY INCREASING THE SALARIES OF THE MAYOR AN ADDITIONAL
$100.00 PER MONTH AND EACH COUNCILMAN(WOMAN) AN ADDITIONAL $100.00 PER
MONTH, REPEALING ALL RESOLUTIONS AND ORDINANCES IN CONFLICT HEREWITH AND
PROVIDING AN EFFECTIVE DATE THEREFOR.
City Attorney Woods read the Ordinance in full. This is the first reading
on this Ordinance.
Councilman Cairnie made a motion to adopt this Ordinance, being seconded
by Councilman Dietz.
Mrs. Opal questioned why the Councilmen are getting 100% increases while
the Mayor is only getting some 60%?
Mr. Opal stated that he does not feel that this is a good time to give the
Council raises, since we are under negotiation with the employees.
Mayor Armstrong explained that this does take a second reading, however if
we are going to advertise something we should advertise it properly. He
explained also that the extra responsibility now borne by the Council and
the Mayor, the present salary does not take care of their expenses.
Mr. Dare spoke in opposition to this salary increase.
Mr. John Gross explained to this man that the increase was brought up by the
people attending the Council meetings, and not the Council itself.
Councilman Cairnie suggested that we change the Ordinance giving the Mayor
100% increase also.
Councilman Dietz stated that this Ordinance was approved by the Council and
it was tabled and if we are going to make any changes in it we should wait
until the full Council comes back. He stated that it would not be fair to
them to change this when they are not here.
Upon roll call vote on the motion said motion DIED, Mayor ~rmstrong voting NO.
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OLD BUSINESS:
Attorney Woods stated that he was instructed by the Council to look into
the self-service gasoline station proposed by Mr. Ross Sullivan. He said
that Mr. Sullivan1s property does not have the zoning for any gasoline
station; he needs a zoning change. He suggested that the appropriate
steps to be taken would be to refer him to the Zoning Board.
There was discussion about whether this is a zoning matter or a variance
matter.
Mr. Mackie stated to the Council that this is not a variance matter,it
should go before the Zoning Board. The entire case will have to be
reviewed.
Mayor Armstrong stated that he never knew that you couldn't have a gasoline
station on a State Route, which is what this is.
Councilman Dietz stated that this will establish businesses in a half of a
block square area, and this is not going to affend anyone, and if it takes
a change in the Zoning Ordinance, he would suggest that the Council recom-
mend to the Zoning Board that it would be feasible in the eyes of the
Council to make that change.
The City Clerk was instructed to inform Mr. Sullivan that he will have to
go to the Zoning Board in regard to the gasoline station.
Councilman Cairnie at this time made a motion that we have an Ordinance drawn
up to be presented at our next Council meeting, that the Council be paid
$200 per month and the Mayor be paid the salary of $300 per month.
Councilman Dietz again stated that he feels we should wait for the entire
Council to bring this up.
The motion DIEd from the lack of a second.
Mayor Armstrong reported on the fencing for the landfill. He stated that
he found that it would cost less than $100 to put the fence in across the
front of the landfill. He stated that we have been informed that we will
have to put up a fence whether we continue to use the landfill or not.
Councilman Dietz stated that we decided at a previous meeting not to do any
more work at the dump until we got Mr. Collins or someone over here to face
the Council and explain all of this to us. He asked if the letter was written?
The City Clerk stated that Mrs. Webber spoke to the man and he told her that
it had to be fenced regardless of what we did. He also told her that it would
take sixty days to close down the landfill if we decided to do so.
At this time Mrs. Turner spoke to
Public Hearing that she attended.
She explained that Mr. Druce told
he could help us.
the Council about the Environmental Regulations
She answered questions from the Council.
them to get in touch with Mr. McManamy and
It was agreed that the Mayor write and get someone over here to meet with the
Council, so that this can be discussed face to face, and understood thoroughly.
It was agreed that the fence should be put up.
There was still more discussion about the condition of the landfill.
Councilman Cairnie made a motion to instruct the Mayor to go ahead with the
fence, being seconded by Councilman Dietz. Upon roll call vote said motion
CARRIED. 3-0
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NEW BUSINESS:
Mayor Armstrong stated that we have a letter from the Water Plant Lead
Operator.
Councilman Dietz stated that he checked with Mr. Wild and Mr. Fernandez
and they concur that this is the proper way to chlorinate this water -
to chlorinate the water on the inflow.
Mayor Armstrong stated that this was the original system.
Councilman Dietz stated that this one thing was concurred with by the
engineers. He stated that the other things in Mr. Kuyk's recommendation
he does not know whether the engineers will agree with, therefore he would
like to get the engineers' opinions before we go ahead with this.
Tape 3-B
Councilman Dietz explained the operation of the system which is being
recommended. He stated that the result will be a better quality of water,
a better mixing of chlorines and pure water to drink.
There was much discussion about the different types of systems we have had
in the Water Department, and that we have had trouble with this system we
are presently working under ever since we started it.
Councilman Dietz stated that he would like to instruct the City Clerk to
send a copy of this letter from Mr. Kuyk to Mr. Wild and please a$k him
for his opinion.
Mayor Armstrong stated that we have a request from Mr. John Fraley for a
handyman's license, his address being 3102 Mango Tree Drive.
Councilman Dietz stated that this should be handled the same as the painter,
he will have to show to the Council a list of material and equipment he plans
to keep.
Mayor Armstrong suggested that we inform Mr. Fraley that he needs to submit
such a list to the Council before we can grant his license.
MISCELLANEOUS:
Councilman Dietz stated that we have a surplus in Water funds coming up to
the end of the year, and rather than having to wait for next year's budget,
he would like to get the Council to approve the purchase a new truck for the
Water Department.
Councilman Cairnie stated that he feels that this is something else that the
entire Council should discuss.
Councilman Dietz stated that he agrees with this. He also stated that we
owe Mr. McCall for some pipe that the City borrowed off of him years ago,
and he has talked to him about this. Mr. McCall agreed that if we get the
price of 4 inch pipe and pay him that amount of money, he will be satisfied.
We borrowed 6 inch pipe from him, but he will accept reimbursement for this
size pipe.
This was agreed on.
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ADJOURNMENT:
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Councilman Cairnie made a motion to adjourn, being seconded by Councilman
Dietz. Said motion CARRIED.
MINUTES TAKEN BY:
Sue Bl ackwe 11
Debbie Sigler
ATTEST:
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Approved thi s /9 day of
July, A.D. 1976
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M,ayor
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Councilwoman
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GENERAL FUND
City of Edgewater WW & SS
Florida Power & Light
Southern Bell
Oasis Car Wash
Inter. Police Chief's Assoc.
Mayor and Councilmembers
Stevens Lock Shop
J.E. Tumblin Agency
New Smyrna Sheet Metal Works
Southern Paint & Wallpaper
Standard Oi 1
County of Volusia
R.E. Morris
American Hardware
Communications Service
Newton Manufacturing Co.
.Smyrna Auto Parts
Pratt's Radiator Service
News Journal Corp.
M & T Printers
Ropp's Automotive
New Smyrna Chrysler Plymouth
Diversified Electronics
City Auto Supply
Southern Bldg. Code Congress
Scottys
Charles A. Murphy
Judson I. Woods
Craig J. Gehlert
WATER AND SEWER
Southern Bell
City of Edgewater, WW & SS
Florida Power & Light
Water & Sewage Works
American Hardware
City Auto Supply
Sav-On Util ity
Hall Machine Works
New Smyrna Builders Supply
Chemical Equipment Co.
Smokey's Automotive
Dewitt Chemical Company
Hughes Supply
Southeastern Municipal Supply
BILLS AND ACCOUNTS
JULY 12, 1976
Ballpark, Street, F.D.
St. ,P.& P., City Hall,
F. D., City Ha 11
P.O.
P.O.
Mil eage
Shufflbrd.
F.D.(corrected bill)
Garb.
P. & P.
Street
Bldg. Inspector
Street
Street, P.& P., P.O.
C.D.
Mayor & Council
Landfill, P.O.
P.O.
Legal ad
Bl dg. Inspector
P.O.
P.O.
P.O.
Street, P.O., Landfill,
Bl dg. Inspector
Com. Ctr.
Bldg. Inspector
City Attorney
Architect, Library
Sewer
Sewer
Water and Sewer
Water and Sewer
Water and Sewer
Water
Water
Sewer
Sewer
Water and Sewer
Water
Sewer
Water
Water
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12.65
C.C. ,C.D. ,B.P. ,F.D. 534.01
253.33
22.00
35.00
52.76
25.00
308.00
12.50
8.76
1,018.37
249.98
7.33
22.86
20.00
71.40
8.23
27.15
4.20
16.50
61.45
84.38
115.05
Garb. 41.93
27.25
3.98
871.47
172 . 50
300.00
4,388.04
26.30
7.70
1 ,906.02
20.00
31.99
23.83
72.94
184.07
19.13
652.36
14.69
148.80
11 2 . 06
45.15
3,265.04