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06-21-1976 - Regular ~ Q- Q CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA REGULAR COUNCIL MEETING June 21, 1976 Mayor Armstrong called the regular meeting of the City Council of the City of Edgewaterto order Monday, June 21, 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 Police Chief Earl Baugh Present Excused Present Excused Present Present Present Excused ~~~ ~.~.~ij(},PiI1.~~t .t:~ ~ ~'> \.. ~ .wl ROLL CALL: INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES: Councilman Cairnie made a motion to approve the minutes of the meeting June 10, 1976, 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 in regard to a few of them. The question was brought up as to whether certain items on the attorney.s bills should be charged to certain different categories. There was dis- cussion about adding a line item to the various departments in order to charge some of the legal fees. Councilman Dietz questioned paying Mr. Thomas time and a half for the work . he has done. Mayor Armstrong explained that he has been doubling up because of one man being on vacation and being short anyway in the department. After discussion, Councilman Cairnie made a motion to pay the bills, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. 3-0 COMMUNICATIONS: Certification of Posting Clerk's Cash Statement General Fund Budget Report Operation and Maitenance Report ~ u u The City Clerk read a letter from Senator Lawton Chiles in regard to Edgewater1s opposition to the overpass in New Smyrna Beach, stating that he plans to get in touch with Mr. Benedict and discuss this matter. The City Clerk read a letter from Millie J. Winn, Staff Assistant for PERC (Public Employees Relations Commission) in regard to the P.B.A. negotiations, explaining that Mr. John V. Knight has been appointed as mediator. The City Clerk read a letter from Mr. Benedict in regard to Edgewater1s opposition to the overpass in New Smyrna Beach. The letter was quite lengthy, explaining how long this proposal has been under study, and the hearings that have been held in regard to this. It stated that this project has been fully endorsed by both citizens and government as a way to alleviate traffic congestion in the area. Tape l-B At this time Mr. Taylor was given the floor, he read from an article that was in the paper about the National Seashore Park and that perhaps the only entrance to this park may be from the Merritt Island side. He stated that this will be quite an upset. Mayor Armstrong spoke about Mr. Benedict's letter, stating that he is trying to pass the buck. He is missing the point because Edgewater has supported the four laning of Highway 44. The overpass in New Smyrna is what we feel is senseless. This is going to be a 6 or 7 million dollar mistake made in New Smyrna Beach that is going to cost the Fifth District another 13 or 14 million dollars to correct, and it is very poor engineering. Councilman Dietz said that he has been in contact with the man from WESH t.V. and have tentatively set up a meeting to go over the whole and he is going to try to set up an editorial on it and perhaps a program. Possibly this will help us. Mayor Armstrong suggested that we study over his letter before we answer it. The City Clerk read a letter from Mr. Ross O. Sullivan in regard to install a one-island, partial self-service gasoline pump on his property at the northwest corner of Hibiscus Drive and Indian River Boulevard. The City Clerk read a petition which is attached to Mr. Sullivan's letter which was signed by some sixty residents in the area around his property. Mr. Sullivan answered a few questions from the Council. He has agreed to meet all of the State requirements. Mayor Armstrong stated that this meets the local zoning requirements and as long as he meets the State requirements there is nothing that the City can do, except approve the building permit. Councilman Cairnie made a motion that we confirm the fact that we will issue a permit to Mr. Sullivan for this upon his compliance with the State Laws, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. 3-0 AUDIENCE MISCELLANEOUS: Mr. Gross spoke to the Council about the meeting nights. He suggested that on one r~onday night we have an agenda meeting and the next Monday night have a regular meeting, and have it put in the papers what is going to be on the agenda for the meeting. There was some conversation about this. Councilman Cairnie stated that the public is interested in what will be going on at a meeting. -2- ~ Q o Councilman Cairnie stated that he was told that if the information was given to them, this would be published in the paper. At this time discussion began again about the self-service gas station. Mr. Mackie spoke to the Council about a store right now in Edgewater who illegally has one of these service stations and the plans were never sub- mitted to the Zoning Board for approval. Councilman Dietz stated that the Supreme Court passed a law that you can put in self-service gasoline stations without having a service station. Mr. Mackie stated that in this particular case no one knows what this man has. It should go through the Zoning Board first then to the Council for final approval. Mr. Sullivan stated that he will abide by all of the State Laws. Councilman Cairnie stated that we are getting off of the subject. There was more discussion about the Monday night meetings not working out this way, that the public would like to know what will be going on ahead of time. Mayor Armstrong stated that we limited audience miscellaneous to twenty minutes, and now we will have to go on. RESOLUTIONS: Mayor Armstrong stated that as far as he is concerned there are still a lot of questions on this garbage business, and he suggested that we table this resolution until we get some more information. Councilman Dietz stated that he has spoke with Mr. Martine, and Mr. Martine feels that with the present equipment they have, only one truck could make the haul to Tomoka with the garbage. He explained the cost of hauling the garbage ourselves, which was looked into before when we decided to try to bring our landfill up to the standards. He stated that we were in good shape until we found this leachate which we can not correct only by a processing plant. This would require more employees so that someone could operate this plant, and the cost goes up again. He stated that he does not see how we could afford to correct our present dump and if we did with the growth of Edgewater how long would it last us? He stated that the bid that we have is $70,000 contract and we have appropriated $84,000, so this would be a $14,000 better deal, so by accepting this bid we would not have to raise the rates. Councilman Cairnie stated that we are making a profit in our garbage depart- ment. The budget figure show this. Councilman Dietz stated that these figures are erroneous, because some things were charged to the Street Department when they should have been charged to the Garbage Department. Mayor Armstrong explained that at a previous meeting we deducted $20,000 from the garbage income and then when we look at the expenditures that we have had in that department, it leaves a deficit, and how can we afford a bid when we have a deficit in the department presently? -3- -- ".. - '-J o Councilman Dietz stated that the auditors have told us many times that what we are primarily interested in is what we budget, you are obligated to stay within what you appropriated and at the end of the year you have to change those appropriations to abide by what your actual expenses are within the total amount of the budget. He said that there is no reason where you have $73,809 appropriated that you can not enter into a contract for $70,000 a year. We also have $11,420 appropriated for a landfill and if we enter into the contract we will not be using that, so that gives us $85,229 and the contract was $70,300 so this gives us a difference of $15,000 a year that we are going to be under what we anticipated spending. Mayor Armstrong brought up the question of how long is Tomoka going to be able to meet all the requirements. He said why should we take our garbage up there and make our problems a little smaller and their problem a little bigger. Councilman Dietz asked the Mayor what he would suggest if we got a letter saying that our dump is closed and we could not dump anything there. Mayor Armstrong stated that then we could haul it to Tomoka. He explained the schedule which could be followed in order for us to haul to Tomoka. Mr. Gross was given the floor. He stated that by us not dumping our garbage at our landfill is not going to solve the situation. The State could still come back to us and tell us we have to get certain things done. Mr. Wild spoke on this explaining that there is a closing procedure in regard to the landfill. He briefly explained the procedure. He stated that he feels that it would be unlikely that the State would require anything else done if you were not using the landfill unless there were some citizen complaints, and if further damage was being done. Mayor Armstrong went over the orders that we have received from the E.P.A. and the E.R.A. and what we have done to comply with these orders. He explained that the problem is going to be there until it is corrected. Councilman Dietz stated that we were informed by our engineers that this project was going to be fine and we would be in full compliance provided that we did not find the leachate. We did find the leachate and we were informed that it will cost somewhere in the neighborhood of $60,000 to treat this leachate, because we would have to build a plant out there to take care of this and we would have to have an operator on duty. Mr. Bevel askedthe Mayor if he feels that he can put this dump in compliance if allowed to by the Council? Mayor Armstrong stated that he does not see ~hat this landfill operation in Edgewater can not be put in compliance for the small amount that Edgewater is contributing to it comparative to Tomoka, Tomoka will never be in compliance. He stated that to put it in compliance, the two years profit on the garbage con- tract will pay the bill. There were more comments from the audience in regard to the landfill. At this time Attorney Woods was asked to read the Resolution. RES. NO. A RESOLUTION AWARDING THE CONTRACT FOR SOLID WASTE COLLECTION AND DISPOSAL FOR THE CITY OF EDGEWATER, FLORIDA TO TOMOKA REFUSE, ORMOND BEACH, FLORIDA, REJECTING ALL OTHER BIDS, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALL NECESSARY CONTRACTUAL DOCUMENTS TO AWARD THE CONTRACT, REPEALING ALL RESOLUTIONS IN CON- FLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFORE Attorney Woods read the Resolution in full. -4- ( ....... '-J o Councilman Dietz made a motion to table this Resolution, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. 3-0 ORDINANCES: None OLD BUSINESS: Mayor Armstrong stated that we have two painters. licenses which we tabled in order to get some more information. The City Clerk explained exactly whatoequipment each man is going to use and keep in their garages. Mayor Armstrong suggested that as long as there are no complaints from neigh- bors, that the men be allowed to paint for a living. Councilman Dietz questioned a conditional license? Mayor Armstrong stated that the Council has the right to revoke a license any time someone abuses a license or we get complaints on it. Councilman Cairnie made a motion to grant the licenses, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. 3-0 NEW BUSINESS: None MISCELLANEOUS: Mr. Bevel spoke to the Council about the insurance for the EVER. He asked the attorney if anything happens is the City responsible? Attorney Woods stated yes. Mr. Bevel stated that he has a check with him to pay the insurance and he would like some instruction from the Council as to how they want to handle it. Mayor Armstrong stated that the attorney was authorized and directed to call Tallahassee, which he reported back to us about, and to this date he has not received anything back in writing from Tallahassee concurring that the Charter has been amended, has been filed and recorded with the Secretary. Mr. Bevel explained that he would like to go on record that the EVER is prepared to do its part to pay for the insurance and if something happens the City will not be protected. Councilman Dietz stated that we, will not get any confirmation from Tallahassee, because they record this just as a matter of record not as a matter of law. Attorney Woods stated that it has no bearing whatsoever on the legality of the Ordinance, they are a part of the City now. It also has nothing to do with the Charter. We amended the Charter by Municipal Home Rules Power Act. -5- ~ o ~ Tape 3-A Mr. Bevel stated that the Fire Department is the same thing. Mayor Armstrong stated that there is an Edgewater Firemen Inc., and an Edgewater Volunteer Fire Department. We don't buy the insurance for the Edgewater Fire Department Inc. There was quite a bit of discussion and confusion about the two different organizations; the Edgewater Volunteer Fire Department, and the Edgewater Fire Department, Inc. Councilman Dietz stated that he does not feel that we should gamble with the fact that we do not have insurance. If they are willing to pay it until October 1st that is to our benefit. Mr. Bevel explained that all he is trying to do is protect the City in the event of a law suit against EVER. Mayor Armstrong stated that if he gets a letter from Tallahassee concurring that this is a Charter provision that has been enacted and filed with the Secretary and if you resolve the corporation and turn it over to the City of Edgewater, then the City is responsible. There was more discussion about the Fire Department. Mayor Armstrong stated that we are responsible solely for the Edgewater Volunteer Fire Department and not to exceed thirty members. Mr. Bevel stated that the reason that the Fire Department is set up this way is so that you can have a volunteer Fire Department and they can work to raise money to help subsidize the City to buy equipment for the Fire Department. They buy more equipment than the City does. Mayor Armstrong stated that he can show you bills where the City paid as much as $300 for charcoal to bar--b-q the chicken. Mr. Bevel stated that this is divided this way to help the City and support itself, and we organized the rescue to work the same way. Mayor Armstrong stated that this is a worthwhile organization however what is right is right. Mr. Bevel stated that the City voted to make this part of the City. Mayor Armstrong stated that it was put off meeting after meeting, until pres- sure was put on Mrs. Vlebber and sEe voted for it, and the vote was 3-2. Councilman Dietz stated that we are not going to get anywhere with this, lets go to something else. Councilman Cairnie asked about the Library construction contract. The City Clerk explained that she is still waiting for it.to come back. Mr. Bevel asked again what can be done to solve his problem. Mayor Armstrong stated that he told him to buy the insurance if he wants it, because he is not going to do anything until he gets something in writing from Tallahassee. Councilman Cairnie reported that Unit 301 is costing us about $400 a month and we should get rid of it. Mayor Armstrong stated that he noticed in the gas reports that 301 and 305 are primarily the cars that were used over the week-end and there was 5 quarts of oil plus 148 gallons of gasoline used over the week-end. He stated that he thinks that the smaller cars should be used more than these two cars. -6- . ... o ADJOURNMENT: o Councilman Cairnie made a motion to adjourn, being seconded by Councilman Dietz. Said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler ATTEST: ;J;u..u ~ Clty Clerk Adopted this -tb /:2 day of , A.D. 1976 ./- ~ ,i1///";'4'-/c-- .-..7 t:~'7.?-~e.,...r ~- lJ~:> L- Ma'yor ~ Councilwoman ,,y:'+.t. . ~A-/I~ Counci m n ~ ~ /-- '----- ~L-?-.;i'V___~C~~ /t:?-;T~~ Mayor -7 - , .... o GENERAL FUND: Southern Bell Williams Welding Gasoline Alley Service Dana T. Armstrong Brown's Air Conditioning Freeway Motors, Inc. Case Power & Equipment Burns Janitor Service Southern Paint New Smyrna Commercial Printing State Tractor & Equipment Xerox Judson I. Woods WATER AND SEWER: Southern Bell Alan Thomas Hughes Supply, Inc. All State Pipe Supply Edgewater Manufacturing o BILLS AND ACCOUNTS JUNE 21, 1976 Fire, Street Street P.O. Mileage (VCOG) Li bra ry P.O. Street City Hall Park & Pier P.O. Landfi 11 Misc. City Attorney 98.08 9.45 17.00 5.04 37.50 3.44 9.00 17.50 26.92 13.10 583.52 222. 13 152.50 1 , 195 . 18 Water Water Water Water Water 55.28 248.52 152. 15 11 0 . 08 7.15 573. 18