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06-14-1976 - Regular o C,) CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA REGULAR MEETING HELD JUNE 14, 1976 Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater to order Monday, June 14, 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 Chief of Police Earl Baugh Present Present Present Present Present Present Present Present ftn~~'1F~n 'KUIUli' ; t.U INVOCATION: SALUTE TO FLAG: APPROVAL OF MINUTES: Councilman Cairnie made a motion to approve the minutes of the budget meeting, May 27, 1976, the regular meeting, June 2, 1976 and the recessed meeting, June 7, 1976, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. 5-0 BILLS AND ACCOUNTS: The City Clerk read the bills from the General Fund account and the bills from the Water and Sewer account, answering several questions from the Council in regard to them. Councilman Cairnie made a motion to pay the bills, being seconded by Council- woman Webber. Upon roll call vote said motion CARRIED. 5-0 COMMUNICATIONS: Certification of Posting The City Clerk read the following communications: A letter from Senator Stone in regard to the overpass and a bridge in Edgewater. A letter from Robert H. Christy, Civil Defense Coordinator in regard to remodeling the room in the Community Center for the Civil Defense. A letter from Malcolm K. Jones in regard to the abolition of the Municipal Court. o Q Mayor Armstrong spoke to the people in regard to the response that the City's letter has caused in regard to the proposed Edgewater bridge to the beachside. Mayor Armstrong stated that he feels that Mr. Christy's request is a little premature since the Council has not had time to evaluate the situation in regard to the rooms in City Hall. There was discussion among the Council in regard to the crowded situation in City Hall. Councilman Dietz made a motion to table Mr. Christy's request until we decide what we are going to do, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. 5-0 There was more disucssion in regard to the use of the rooms. Councilman Cairnie suggested that we need to get a complete cost list of everything before we make any decisions. Mayor Armstrong went to the correspondence from Malcom Jones.. He sug- gested that we write Mr. Jones and indicate that we have our meetings weekly and that we would be happy to have him or his representative to meet with us at any meeting to discuss this matter. Councilman Cairnie made a motion that we write such a letter and invite Mr. Jones to one of our meetings, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. 5-0 AUDIENCE MISCELLANEOUS: Mr. Lupinek spoke to the Council about the street conditions in Florida Shores. Mayor Armstrong explained to Mr. Lupinek that we are doing the best that we can do with the equipment that we presently have in the City. He stated that we are in the process of trying to get a tiller so that we can bring this dirt to the middle of the road so that it can be crowned. Mr. Jim Brown spoke to the Council representing a softball team who would like to represent some City in the State playoffs, and in order to do this we have to have a league. He stated that they would like to do the paper work to set up the league so that they could join the Florida Recreation Softball Association. He explained that to qualify for the playoffs you have to be the champions in a league first. After discussion with the Council about this, Councilman Cairnie made a motion to grant this request and pay the registration fee of $10.00, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. 5-0 RESOLUTIONS: RES. NO. 662 A RESOLUTION EXCUSING COUNCILMAN WALTER B. SIKES FROM REGULAR COUNCIL MEETINGS DURING CERTAIN DAYS OF THE MONTHS OF JUNE AND JULY, 1976, REPEALING ALL RESO- LUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Woods read this Resolution in full. Councilwoman Webber made a motion to adopt this Resolution, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. 5-0 -2- o ~ RES. NO. 663 A RESOLUTION EMPLOYING DAVID DONNAN KUYK AS LEAD OPERATOR IN THE WATER DEPARTMENT, CITY OF EDGEWATER, SETTING SALARY, PROVIDING FOR A THREE MONTH PROBATIONARY PERIOD AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Woods read this Resolution in full. Councilman Dietz made a motion to adopt this Resolution, being seconded by Councilman Cairnie. Councilman Cairnie asked how many employees will we have in the Water Department if we hire this new man? Councilman Dietz answered that we will have seven men. He explained that his idea is to hire another Class C operator, the reason being that we are going to be cited for not covering the Sewer Plant seven days a week. He stated that his intention with hiring this new man is to retire Mr. Ohrwall and change the departments so that the men will work in both the Water and Sewer Departments. Mayor Armstrong stated that he feels that we are getting off the subject, and he asked for a roll call. Upon roll call vote said motion CARRIED. 5-0 Councilman Dietz asked the Council if there are any objections to relieving Mr. Ohrwall of his duties? At this time there was conversation in regard to this, and it was brought up by a member of the audience that Mr. Ohrwall was given a vote of con- fidence by this Council that he will not have to retire because of his age. Councilwoman Webber stated that she was under the understanding that when we gave our vote of confidence to Mr. Ohrwall that it was going to be a temporary ,thing until we could get a man in there to take his place, and that he would not be receiving the same amount of money that he has been receiving. Mayor Armstrong stated that if someone is making trouble in the department it causes burdens for everyone, and if Mr. Ohrwall is conducting himself uncommonly and if he is not doing his job properly it is not going to take us long to know, however if hels innocent of such he should not be accused of such. He stated that we do not know how this new man is going to work out, and he may have to be replaced, and he would hope that we leave a status quo over there until this man proves himself. He also stated that whenever we have had motor trouble in the plant, Mr. Ohrwall is there to try to keep the plant operating properly. Councilwoman Webber stated that she would like to put Rick on the spot and ask him his opinion on this. Mr. Fernandez stated that the problem lies with his certification. He is a LCO with a limited certificate and he is not elegible as an operator at the Treatment Plant. In order to meet the requirements of 8 hours a day, 7 days a week you need to have two Class C operators or pay one man a con- siderable amount of overtime. It does put a severe burden on the finances of the Water and Sewer Department to fund one man at an operator1s salary and not be able to use him as such. He stated that Mr. Ohrwall IS experience in the system is certainly useful, but you will need another Class C operator and it is a Council decision as to. whether you want to continue to have this man on staff knowing that he can not act as a certified operator, he will have to have a lower classification. He explained that it is difficult to come in new as the lead operator with a man who has been there ten years; it is a hard adjustment. It is hard to tell who is in charge there, and he stated that it -3- o Q . is going to take a strong position on Council's part to let the new man know that he really is the lead operator and that he is responsible and that Mr. Ohrwall is working for him. Councilman Sikes stated that we have had numerous letters come in from Orlando, E.P.A., from Atlanta, and Washington D.C., and every report that has been sent from July 1975 through January or March of this year were in error. He asked if this is true? Mr. Fernandez stated that the last report which they reviewed was correct, but it is true. Councilman Cairnie stated that he will probably agree that Mr. Ohrwall has made some errors in the reports but the responsibility of his errors lies with the Council and the previous Council for not giving him the proper help. He has been working ten hours a day with no one to assist him. Councilman Dietz stated that he will show by record and have people come in and testify that they quit because of Mr. Ohrwall, and we are going to have the same thing if we don't get rid of him. If we are going to get the Sewer Plant working properly we are going to have change personnel and do it. It is all a matter of whether we want to face up to it or sit here and keep paying this charity out for people who are not doing their jobs. Councilman Cairnie asked what we will do if this new man does not work out? Councilman Dietz stated that we will hire more. If you want to put this man on in another department, this is fine, but he can not stay here disrupting things. He is getting to where no one can tell him, he just wants to tell you and he is not doing his job. He said that we are going to get a citation on one of our lift stations, and if Mr. Ohrwall had kept quiet we would not be getting cited. While Mr. Ohrwall was on duty one of our lift stations was down for 18 hours and he put this on a report, and today he took it to the man and said see here what's going on in the City, and showed the man that. He stated that Mr. Pettit called him and said that he would have kept that quiet because now we are going to get a citation on that. He explained that the digestors should not be shut down more than 8 hours, and 2 to 4 hours during normal activities. Our digestor was shut down for 48 hours, and now it is not operating properly. Councilman Dietz stated that he would like to have a vote from the Council as to how they feel about this, because he is going to have to do something. He made a motion that we relieve Mr. Ohrwall of his duties in the Sewer Plant, giving him thirty days notice, plus his vacation time and whatever else he has accrued, being seconded by Councilman Sikes. Councilwoman Webber stated that she hates to see Mr. Ohrwall retired, and she asked if there was a chance of asking Mr. Ohrwall if he would be willing to work in some other department at a lesser pay. Mayor Armstrong stated that as far as he is personally concerned he would not consider even Mr. Ohrwall where he is presently at his age unless for the ex- perience that he has had there for the 13 or 14 years he has been there. He can not pass as a Class C operator but he sure can change a pump in one of the lift stations and he can do the outside work as well as anyone else. He said that he would not agree to pay him the supervisor salary after the other man proves himself in this capacity. Councilman Dietz stated that theproblem is that he is interferring with the operation and he will not cooperate. There were comments from the audience in regard to this being a case for the Merit Board. There were questions about whether there was ever a precedence set in the past in regard to someone working after the retirement age. Mayor Armstrong answered the questions of the audience, and he also stated that the matter of coordinating was suppose to have been the fact that the -4- o o coordinator was to represent his department at the Council table. Councilman Dietz stated that this is exactly what he is doing. There was another question about the Merit Board hearing the charges brought against Mr. Ohrwall. Mayor Armstrong stated that if the man has been accused of not being capable of doing his job properly, accused of causing the bad morale problem in the department, he feels that the coordinator should give him the right to be heard. He should have the right to come before the Council and show cause why he has not been cooperative with those he has had to work with. He should be made aware of the fact that he has a new boss, and he is not going to be the boss anymore, as soon as the man proves himself capable. Councilman Dietz stated that Mr. Fernandez spent time with the new man and he is sure that the man is ready to take over the job now. Mayor Armstrong stated that the Council never requested Mr. Fernandez to go over and meet with the man. Councilman Dietz stated that he asked Mr. Fernandez to go over there. Mayor Armstrong called for a roll call. Upon roll call vote said motion CARRIED. 3-2, Councilman Cairnie and Mayor Armstrong voting NO. Councilman Dietz stated that the man will have the opportunity to go to the Merit Board if he so chooses. 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. Attorney Woods read the Ordinance in full. Councilman Sikes made a motion to adopt the Ordinance, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. 5-0 Tape 2-B OLD BUSINESS: Mr. Fernandez returned the bids, and passed out a tabulation to the Council. He answered various questions from the Council about this tabulation. There was discussion about the actual expenses. Mayor Armstrong stated that he knows a private enterprise is going to make a net profit on this, and if they can haul to Tomoka for $13,000 so can the City. He stated that he knows the County is going to be forced to open new landfills. There was conversation in regard to the cost of the vehicles we would use to haul ourselves. Councilman Sikes questioned Mayor Armstrong if he feels that within five years there will be a County landfill area? And if so wouldn't it be to our advan= - tage to be locked in at this rate when that happens? -5- r\ o o Mayor Armstrong stated that he has talked to the people and if the City has to raise the rates to keep our own service, they are willing to pay it. Mr. Fernandez spoke to the Council about the rate schedule, explaining that when you break this down in accord to the number of residents now in Edge- water the rate comes out to about $2.55 for a single family customer. Tape 3-A There was more discussion about the City hauling their own garbage. Councilman Sikes stated that we discussed this before when we were thinking about hauling our garbage to Oak Hill, and with the extra man hours, the need of another truck and so on,we determined that for the next five years if we could contract it out cheaper than we can put our dump into a position that we can continue to use it. He added that we have been advised that our permit to use our landfill will be cancelled. He said that he doesn't see how we can afford to haul it. Mayor Armstrong stated that we would have to arrange our schedule so that pick-up is being made at the same time that they are hauling. There were many comments from the audience about our present garbage pick- up being excellent. The Council explained that the problem is where we are going to take the garbage, it is not the pick up. The question was brought up of collecting garbage and trash separately and hauling to two different locations. Mr. Fernandez stated that at present the same regulations pertain to the landfill whether trash or garbage is dumped there, there is talk at the Federal level in trying to change these regulations so that just trash can be dumped at a landfill, however right now you would still have to meet the same requirements. There was conversation about what the costs are now under our present system. Councilman Cairnie stated that we have to know these figures before we can tell whether we should contract this out. Councilwoman Webber stated that we will be loosing the CETA funds in January, and she is confident that we will have to buy another truck, she feels that we will be going deeper in debt going that way than if we take this bid now. Mr. Opal spoke to the Council saying that he feels Mr. Cairnie's questions should be answered about the actual cost of running our garbage department. Mayor Armstrong explained that May)Zima was paid to make up a study on actual solid waste and the costs, and these figures are available. Councilman Dietz stated that it would be futile to try to get our landfill in the condition that E?P.A. wants it, and for the money it would cost and the amount of years we could use it, it would be stupid. Mayor Armstrong stated that he doesn't feel that it is fair. Mr. Collins has been asked by the Council to come over and talk to us. It seems that they are so determined to phase out the small operations irrespective what kind of condition they are in. He added that perhaps we should write to our Senators and Representatives again about what is going on with E.P.A. and Tape 3-B E.R.A. Mayor Armstrong stated that he also feels that we should have the costs and so on. Councilman Dietz asked how we are going to hold off the E.R.A. any longer? -6- o o The Council discussed the budget figures, and the report that was given by May, Zima. Councilman Cairnie stated that when we went through the budget we took $20,000 out of the Sanitation Department. Councilman Dietz stated that we put $15,000 of it in the Street Department He said that when we made up the budget, the figures for the Garbage and the maintenance of the dump were the figures that we used last year. He said how could it be so much cheaper to operate the garbage this year than it was last year if there aren't falsified figures. Councilman Cairnie again stated that he would like to see the figures of cost before we do anything. Councilman Sikes stated that he has been figuring out the rate schedule under this contract. Based on the single family residences at the end of the fifth year we could be paying $3.52, which would be 75~ more than what we are paying now, even if they went the 5% per year increase. At that time then we would know whether the County is going to have a landfill area or not. Councilwoman Webber stated that figuring out the hauling our own, at four loads a week it would cost us $288.00 every week just for the hauling, and we would not be able to do it. Councilman Sikes made a motion that we accept Tomoka Refuse bid, eliminating the truck, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. 3-2, Councilman Cairnie and Mayor Armstrong voting NO. Councilwoman Webber made a motion to reject all other bids, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. 5-0 Mayor Armstrong stated that we have to instruct the attorney to draw up a Resolution authorizing the contract. NEW BUSINESS: Mayor Armstrong stated that there are two applications for painter's licenses and they don't have commercial addresses. The Council members discussed these applications, and the exceptions that have been made before in regard to businesses in a residential area. Councilman Dietz asked what type of equipment is going to be involved? Mayor Armstrong stated that he does not know. Councilman Cairnie made a motion to table this until we get further information, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. 5-0. Mayor Armstrong stated that the City of Oak Hill has gone out for bids for the construction of a Water Plant. The contractors have required that the lines be flushed out with treated water before they put in service, and it was in- dicated to him that they would like to purchasefrom the City of Edgewater approx- imately 100,000 gallons of water for the purpose of flushing out the new lines. Councilman Dietz suggested 60~ per gallon is a good price. Mayor Armstrong asked Attorney Woods if he has some information for the Council. Attorney Woods stated that he was directed to get some information in regard to the insurance for the Emergency Volunteer Rescue. He read a letter from Mr. Eason of Tumblin Insurance Agency, stating the premium cost of $303 annually plus a 3% surplus ta~. -7- o o Mayor Armstrong stated that this should be turned over to Mr. Bevel. Councilman Dietz stated that the City has to pay this and they will reimburse us. There was discussion about looking into the insurance and going out for bids. Attorney Woods read from the Florida Statutes, explaining why Edgewater would not have to go out for bids in regard to the library construction services. There was discussion about the library addition, and the contract for the con- struction. Mayor Armstrong suggested that the construction cost be 6% of the total contract. Councilman Dietz stated that we should direct our attorney to draw up a contract so the construction cost will be 6% of the total contract figure. MISCELLANEOUS: Mayor Armstrong stated that he would like to bring one thing to the Council's attention. He read from Section 89 of the Edgewater Charter in regard to security bonds for the members of the Council. Councilman Sikes asked the purpose of this. Mayor Armstrong explained that it would keep members of the Council from getting sued individually. To be in compliance with a Charter provision we should do something about it. Councilman Dietz made a motion that we instruct the City Clerk to get the bond for $5,000, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. 4-0 Mayor Armstrong stated that the record should show that Mrs. Webber was excused from the meeting a few minutes ago. Councilman Sikes spoke to the Council about the Governmental Seminar that he attended. He spoke with Mr. Sayes about the property management program. He read a letter in regard to the Island we were looking into securing for recre- ational purposes. He said that he would like the City Clerk to write a letter telling them that we will be in touch with them when he gets back from vacation. He also asked the Mayor to assume his coordinator duties as far as the adminis- tration is concerned. Councilman Dietz brought up a line extension problem, which Mr. Montesano asked him about. Mayor Armstrong explained that we are tight on money right now, he added that in this case it looks favorable to do this. There was discussion again about the library construction. ADJOURNMENT: Councilman Cairnie made a motion to adjourn, being seconded by Councilman Dietz. Said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler ~' Councilma -8- u ATTEST: ~~ ~,di ity C1 erk Approved thi s dp--dvctay of June, A.D. 1976 (.) ,o/~ -7 ~-~~ ----;- Mayor -9- ~ o GENERAL FUND: City of Edgewater WW & SS Florida Power & Light U.S. Postal Service Williams Welding Standard Oil Company Discount Glass Company New Smyrna Commercial Printing New Smyrna Sheet Metal Works Southeastern Products Demeo Industrial Office Outfitters Gaylord Fla. Dept. of Agriculture Gray Drug Stores R. E. Morri s County of Volusia Carrison Sound Center WATER AND SEWER: City of Edgewater WW & SS Florida Power & Light Environmental Specialties l\ Q BILLS AND ACCOUNTS JUNE 14,1976 City Hall, Com. Ctr., Shuflbrd. St. lites, Street, Traffic lite Post Office rent Street Street Com. Ctr. City Clerk-Supplies City Ha 11 Finance Director-Supplies Li brary City Clerk, P.O. -Supplies Library Fire Dept. P.O. Street Bldg. Inspectors Mayor & Council, Boards 32.05 2,097.79 25.00 9.45 2,049.62 6.75 43.75 1,678.00 26.70 72.95 76.47 99.50 72.00 34.26 5.46 482.21 210.24 7,022.20 Water Water and Sewer Sewer 5.50 1,300.58 76.90 1,382.98