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06-28-1976 - Regular " . u u 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 fII"!!} -:J!'" i\ ~' ',:1 Ik"". . ~.t\.~ -, ~,..... . t\. ... . '\!ZV.. i ~;!. r:\\. tf ill '- . ~~\~ tl ',l 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: Q u 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. -2- o o 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. -3- o o 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? -4- Q o rape 3-A 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. -5- o () 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 /c~~-7~v;o/-~~~k.-s' Ma or Councilwoman ATTEST: ~r~ ?f/ \~ .~ A.A.-v7-^-.JL Councilman ~ Cr~p /~ Approved this I,). ~ay of ~~;lman ..- i2/f July, A.D. 1976 ____ dCV7~L 0-7~~~ ~ ~ -6- '1 .. . (.) 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