06-28-1976 - Regular
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CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA
REGULAR MEETING HELD
JUNE 28, 1976
Mayor Armstrong called the regular meeting of the City Council of the City
of Edgewater, to order Monday, June 28, 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
Chief of Police Earl Baugh
Present
Present
Present
Excused
Present
Present
Present
Present
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ROLL CALL:
INVOCATION:
SALUTE TO FLAG:
APPROVAL OF MINUTES:
Councilman Dietz made a motion to approve the minutes of the meeting June
14, 1976,
Councilman Cairnie stated that there should be a change made on page 7,
in regard to the library construction. Where it reads "construction cost"
it shoul d be" architect I s fee", and with that change to be made he wi 11 second
the motion to approve the minutes.
Upon roll call vote said motion CARRIED 3-1 Councilwoman Webber voting no
because she was not present.
BILLS AND ACCOUNTS:
The City Clerk read the list of bills and answered questions from the Council.
After much discussion in regard to the bills, it was decided to hold the bill
from J.E. Tumblin Agency and the bill from the County in regard to street
paving, until we get further information on them.
Councilman Cairnie made a motion to pay the bills with the exception of the
bill from J.E. Tumblin Agency and Vol usia County, being seconded by Council-
woman Webber. Upon roll call vote said motion CARRIED. 4-0
COMMUNICATIONS:
The City Clerk read the following letters:
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A letter from Mr. Richard Stone in regard to the traffic congestion in the
area, and the Department of Transportation's decision in regard to the over-
pass in New Smyrna Beach.
A letter from E.L. Eastmoore, Chief Judge of the Seventh Judicial Circuit
in regard to a special meeting to discuss the phasing in of the Municipal
Courts.
A letter from the Department of Environmental Regulations notifying the
Council of the continuation of a Public Hearing in regard to sanitary
landfill criteria which will be held June 30, 1976 in Orlando.
Mayor Armstrong went over the correspondence. He stated that it is just
a matter of acknowledging the letter from Senator Stone.
. The letter from Judge Eastmoore caused a lot of confusion as to what plans
are to be made. After discussion on this, the City Clerk was instructed
to call and set a precise time and date for the Council to meet with him.
In regard to the D.E.R. Public Hearing,it was decided that it would be a
waste of time to attend because our voice would probably not be heard.
At this time there was quite a bit of discussion from the audience opposing
Tape l-B the closing of our landfill. It was the general concensus that the City
should not go out to a private enterprise with the garbage business.
Mayor Armstrong explained to the audience how the problems started at our
landfill area. He stated that a man was here last week to look the place
over and. he wanted to know when the security fence was going to be put up,
he also wanted to know when the canal was going to be finished? Mayor
Armstrong told the man that we were having pressure put on us to close it
down, and the man said that he heard that rumor too. He said that a report
would be made to Mr. Collins' office. Mayor Armstrong stated that the
biggest problem is no progress being made.
Councilman .Dietz asked the City Clerk to tell everyone what Mr. McManamy
had to say to' her on the telephone.
The City Clerk explained that Mr. Collins refused to come to talk to us,
.but Mr. McManamy said that he would see if he could get Mr. Collins to come
to a Council meeting. She said that she asked Mr. McManamy for a written
report and she was told that this would have to come from Mr. Collins office.
She said that what Mr. McManamy told her bears out what the Mayor said about
the real estate in that if we did meet all the increments we would have to
put in deep wells, we could never hope to get our money out of anything out
there because .if it had a ten year life in addition to all of the things
that we have to do we would have to pay for 1 ,000 foot buffer around it.
Councilman Dietz stated that it looks like every time we talk to them they
make up a new ruling.
Councilman Cairnie stated that we should invite Mr. Collins to our meeting
and if they continue to refuse to meet with us we should write a letter to
our governor.
Councilwoman Webber stated that someone from the City should go to this
meeting then because at least some of the officials will be there. She
stated that she would be happy to go if she were able.
Councilman Cairnie stated that he will be glad to go, if no one else can.
Mrs. Turner spoke to the Council that there seems to be a lack of cooperation
because no one is interested in going, and she volunteered to go.
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Tape 2-A Mayor Armstrong stated that it would show indication of good faith if we
got the fence put up at the landfill.
Councilman Dietz stated that we have shown indications before and until we
get these people to face us and tell us what we have to do and what the law
is, we are fishing in the dark and throwing our money away.
Mayor Armstrong stated that the fence would be for security anyway.
RESOLUTIONS:
None
ORDINANCES:
None
OLD BUSINESS:
The City Clerk explained that she found out that Mr. Dietz and Mr. Sikes are
covered under the bond, that it is a blanket bond.
Councilman Dietz stated that he feels that we should start right now and inform
all the large insurance companies that the City of Edgewater is ready to change
their insurance, and lets get some bids. The insurance is getting out of hand.
There was discussion at this time about the insurance. It was agreed that
something should be done and we could save some money on the insurance.
Attorney Woods stated that he has researched the self-service gasoline stations.
He stated that under the B-2 zoning there is no allowance for any type of
service stations. He stated that he wanted to bring this to the attention of
the Council.
Mayor Armstrong stated that he believes that the law is that a self-service
station is not considered a service station, it is part of the grocery store
or whatever.
Attorney Woods stated that the City can notpreempt self-service stations,
however you have a zoning law, and they have to be placed in accordance
with that law. His suggestion was that this be researched further, and it
be recommended to the Zoning or Planning Board.
Councilman Dietz stated that this man brought a petition in with him that
the people in that area agree with this, and it would be an asset. He stated
that we need money for the City, but every time someone wants to do something
we argue with them. We are continually fighting the growth of our City.
Mayor Armstrong stated that we should just do this properly and not infringe
on the Zoning Board's responsibilities.
Mr. Mackie spoke to the Council about this, explaining the classifications
of the gasoline service stations.
Councilwoman Webber stated that DBCC is going to have a seminar on July 21st
and she feels that it would be important that as many of the Council that
can go should go, and all the Zoning, Planning and Board of Adjustments should
go, and since these people work for the City giving their time and energy
that the City should pick up the tab for them.
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Mayor Armstrong asked what are we going to do about this particular matter.
Councilwoman Webber made a motion that it be sent to the Zoning Board. She
stated that the Council was in error because you were going against your
own Ordinances.
Tape 2-B There was some discussion about a new law passed by the State which will
explain some of this about self-service gas stations.
Councilwoman Webber explained that if the area is not zoned for a gasoline
station, then a rezoning is required before one can go in.
Mayor Armstrong stated that in order to get this settled let's have the
attorney look into this as far as the State Statutes are concerned. Is
a self-service pump considered a gas station or as part of the business
which it is in front of?
Councilwoman Webber withdrew her previous motion, and made a motion to have
the attorney check this out, being seconded Councilman Dietz. Upon roll call
vote said motion CARRIED. 4-0
At this time Councilwoman Webber brought up the seminar again. One of the
leading Zoning attornies of the State will speak at this seminar.
Mayor Armstrong stated that he feels that we should have a representative
from all of these boards go, because if you are talking about all of them
you are talking about 21 people.
Councilwoman Webber stated that she doesn't feel that $6.00 is too much to
ask the City to spend on these people.. they spend their own time on the
boards, they use their own gas and they research their subjects for us.
Councilwoman Webber made a motion that any members of the Zoning, Planning,
or Board of Adjustments interested in going to this seminar notify Mrs.
Blackwell by July 14th, and she can make the reservations, being seconded
by Councilman Dietz. Upon roll call vote said motion CARRIED. 4-0
NEW BUSINESS:
The City Clerk stated that the Building Official spoke to her about utility
buildings and storage sheds. The Official suggests that Ordinance 880 be
amended to cover setbacks for utility sheds, so that he has some guideline
Tape 2-B to follow.
15 min.
There was much discussion about the Florida Shores area.
Mayor Armstrong stated that the City Clerk can talk to Mr. Murphy and see
what exactly would be fair for everyone.
The City Clerk stated that an engineering firm has approached her and she
wanted to put the Council on notice. They plan to come to the July'12th
meeting and talk to the City about annexation in regard to the Trailer Park
on West Park Avenue.
The City Clerk stated that Mr. Mc Brayer would like to meet with the Council
at 9:30 in the morning, July 12th. This is the meeting out of the sunshine
for the negotiating team and no one else. It was agreed that this date agrees
with everyone.
The City Clerk asked what the Council plans to do about the meeting next Monday,
which is a legal holiday?
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Councilman Cairnie made a motion that we recess that meeting until the following
Monday, being seconded by Councilwoman Webber. Upon roll call vote said motion
CARRIED. 4-0
MISCELLANEOUS:
Councilman Cairnie reported to the Council that the roof at the Community
Center definitely needs to be repaired by a roofer. He said that he needs
to get some bids.
Councilman Cairnie stated that we have to talk to the contractor on the library
about the air conditioner.
Councilman Dietz stated that every time we turn around we are paying to have
the air conditioner fixed, so we might as well buy two new ones.
Councilman Cairnie agreed, because then if something happens to one of them
we can still rely on the other one.
It was decided that Mr. Cairnie is to take care of this.
Mr. Wharton brought up the subject of the fence around the landfill.
Mayor Armstrong explained that we are now waiting for Nr. Collins, and this
has been brought to the Council's attention and it is up to them what they
want to do about it.
Mr. Gross stated that the responsibilities of our Council is getting greater,
and he would like it to be considered again about raising the Mayor and Council's
salaries.
Mayor Armstrong explained that his expenses are greater and he would be satis-
fied if we abolished the salary and gave him an expense account of $125.00 per
month.
Councilman Cairnie made a motion that the Mayor and Council's salary be doubled
Councilman Dietz stated that we have an Ordinance typed up and tabled now.
Councilman Cairnie withdrew his motion, and made a motion that we have a second
reading on that Ordinance, being seconded by Councilwoman Webber. Upon roll
call vote said motion CARRIED. 4-0
Councilman Cairnie stated that he would like to see us go back to having an
agenda meeting and a regular Council meeting. His reason being the newspapers
do not have enough time to get the information in the paper.
Councilwoman Webber stated that we could put a bulletin board outside of the
Community Center and anyone can come and see what is on the agenda.
Mayor Armstrong stated that we will have to bring this up again and discuss it.
Mayor Armstrong reported to the Council the progress on the CETA program,
explaining that the employees under the CETA VI are going to be transferred
to CETA II until January of 1977.
Mayor Armstrong stated that before budget time again we are going to have to
remember the positions that have been created since last budget time. There
will have to be some line items added this year.
At this time Mrs. Turner asked Mayor Armstrong what his opinion on this garbage
problem. She asked whether it is cheaper to hire someone else to do it, or to
keep our own men and do it ourselves?
Mayor Armstrong stated that the most feasible manner is for the City to do it
themselves, because the City operates at non profit.
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At this time there was more discussion about the Street Department and the
Garbage Department budgets.
Tape 3-B
Councilwoman Webber stated that we would not have to fire the men in the
Garbage Department if we go out of the garbage business, because we could
use the men in the Street Department.working on these streets that are in
need of repair.
Councilwoman Webber stated that she understands that at the last meeting a
comment was made about all of the gas used by two po1iGe cars over the week-
end. She explained that 129.5 gallons of gas were used and 5 quarts of oil
on three cars. She stated that there were 92 man hours of service which
comes to about 10 hours a shift for the whole week end.
Mayor Armstrong stated that #305 is broken down again, and we have aCETA
mechanic who is spending half of his time working on police cars.
Councilwoman Webber stated that she visited the garage, and she understands
that the street equipment and automobiles have been given priority over the
police department cars. She added that the trucks over in the garage are
in the worse condition that she has ever seen; they are in a deplorable
condition and she wants to know why this was not brought to the Council's
attention.
Mayor Armstrong stated that he was harrassed into the Street Department
because that was all that was left when you all took your choice, and your
choice was naturally a chauffeur to drive you around.
At this time there was much confusion and conversation about remarks that
were made at the last meeting.
ADJOURNMENT:
Councilman Cairnie made a motion to adjourn, being seconded by Councilman
Dietz. Said motion CARRIED.
MINUTES TAKEN BY:
Sue Blackwell
Debbie Sigler
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Councilwoman
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Councilman
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Approved this I,). ~ay of ~~;lman ..- i2/f
July, A.D. 1976 ____
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GENERAL FUND:
City of Edgewater
So. Fla. Natural Gas Co.
J.E. Tumblin Agency
Bob Syer
Coastal Office Machines
New Smyrna Commercial Printing
Magnolia Motor Company
New Smyrna Builders Supply
Hall Machine Works
Vol usia County
NSB - Edgewater Humae Society
Fla. Fire & Safety Supply Inc.
R.E. Morris
Paul Reid
WATER AND SEWER:
City of Edgewater
Ropp's Automotive
Economy Electric Co.
Walter N. Patterson
Dobbs Armature & Pump Service
BILLS AND ACCOUNTS
JUNE 28, 1976
Petty Cash
Com. Ctr.
F.D.
P.O.
P.O.
P.O.
Street
P.O.
Garbage
Street Paving
Humane Society
F.D.
P.O.
P.O.
Sewer Petty Cash
Water
Water
Water and Sewer
Sewer
'J
27.73
60.60
507 . 00....
50.00
15.00
26.00
19.56
61.20
5.00
110.42-
150.00
10.00
10.35
575.00
1 ,627 . 86
6.10
14.00
108.45
11 .80
35.00
175.35