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06-07-1976 - Regular . ~ t'" u (J CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA REGULAR MEETING HELD JUNE 7,1976 Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater to order Monday, June 7, 1976 at 7:30 P.M. ~ ~." ~f0~,r:!P\t' ~~\)\~ ~ 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 INVOCATION: SALUTE TO FLAG: APPROVAL OF MINUTES: None BILLS AND ACCOUNTS: The City Clerk read the list of bills in the General Fund and in the Water and Sewer Fund. Councilman Cairnie made a motion to pay the bills, being seconded by Council- man Sikes. Upon roll call vote said motion CARRIED. 5-0 COMMUN ICATIONS: The City Clerk read a request from Chief Baugh asking for permission and money from the Police Department budget to attend the annual Florida Police Chief Conference to be held June 20-23, 1976, at the Ramada Inn in New Port Richey. Councilman Cairnie made a motion to deny this request, motion DIED from the lack of a second. Councilwoman Webber made a motion to let the Chief go to this meeting, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. 4-1 Councilman Cairnie voting NO. The City Clerk read a letter from the Florida Department of Agriculture and Consumer Services in regard to the radio maintenance charges which will be- come effective July 1, 1976. Mayor Armstrong stated that he does not understand this, because the Fire Chief told him that this would no longer be necessary since we got the new truck, and that all they wanted was a mobile unit in it. Mr. Christy spoke to the Council about this, stating that this has been an asset to us. u u After much controversy about whether this is a necessary cost, Councilman Cairnie made a motion to table this until we get more information from the Fire Chief, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. 5-0 The City Clerk read a letter from Representative Lawton Chiles in regard to the proposed overpass in New Smyrna Beach, stating that he is notifying Mr. Benedict of the Department of Transportation of his interest in the proposal of the City of Edgewater in regard to another bridge being con- structed. There was no action necessary on this communication. The City Clerk read a report from the Building Official in regard to the permits issued by them and the problems that they are faced with at present. There was also a bill attached to this 1etter.($990.21) Councilwoman Webber made a motion to pay the Building Official, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. 5-0 AUDIENCE MISCELLANEOUS: The Council answered a few questions from Mr. Wharton in regard to the LEAA funding. Mayor Armstrong answered a question from Mr. Gross about the double taxation. It was suggested that the Council send a letter to Mr. Kelley in regard to this. Mayor Armstrong recommended that we prepare a letter to the County Council stating that we want them to be sure that the taxes charged to the citizens in Edgewater are for services they benefit from. Councilman Sikes spoke on this, stating that we could not get anything done about this in 1974, but perhaps we can get something done now. He made a motion that we direct a letter to the County Council requesting that they will show to us the year end report of 1975 and what portion that Edgewater paid toward those amounts spent, in other words I want a break down, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. 5-0 RESOLUTIONS: None ORDINANCES: ORD. NO. 957 AN ORDINANCE AMENDING SECTION 13-8 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ADOPTING NEW ANNUAL FEES FOR COMPETENCY CARDS. Attorney Woods read the second reading of this Ordinance in full. Councilman Cairnie made a motion to adopt this Ordinance, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. 5-0 OLD BUSINESS: Mayor Armstrong introduced Mr. McBrayer to the audience. He answered questions from the Council in regard to the P.B.A. contract. He stated that he has read the contract, and his fee would be $150 per day or $75. for a portion of a day not to exceed $3,000 for the negotiation. He stated that he could not say exactly how long it will take to negotiate. He stated his qualifications to the Council. -2- o o Tape 2-A Mayor Armstrong introduced Mr. Pellegrino of Cody and Associates who has also shown an interest in negotiating the P.B.A. contract for the City of Edgewater. He stated that his company is presently negotiating for the City of New Smyrna. He stated that his hourly fee is $30.00 an hour and the total cost not to exceed $3,000, which is less than any negotiation that he has done like this. He stated his qualifications to the Council, and answered several questions from them. Councilman Dietz made a motion that we instruct our attorney to notify P.B.A. that we are in the process of setting up a negotiating team, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. 5-0 Mayor Armstrong stated that we had directed our City Attorney to look over the library contracts. Attorney Woods stated that the contract with the State Library of Florida seems to be quite in order and there is no objection to us entering into it. As to the standard form of agreement between the City of Edgewater and the architect he suggested that this contract be discussed with the architect and get some clarification in regard to the costs. Mayor ARmstrong agreed with the attorney that the cost is not clear. Councilman Cairnie made a motion to authorize the Mayor and City Clerk to properly execute the contract with the State Library of Florida, being seconded by Councilman Sikes. Mr. Taylor asked if this contract with the architect was advertised for? Mayor Armstrong stated that we do not need to advertise for bids if we retain a professional service, which we already have. If we change a professional service we have to advertise for bids. This firm is the original firm doing the const\uction on the library. Attorney Woods stated that Mr. Howard questioned why he was not negotiated with on this job, because apparently he has done some work on this. Mayor Armstrong called for a roll call on the motion. Upon roll call vote said motion CARRIED. 5-0 Tape 2-B Mayor Armstrong asked for the Council's pleasure on the other contract. There was much discussion in regard to the plans for this addition. Mayor Armstrong stated that he feels that the attorney should research the law that became effective a year ago last October. It looks like we are required to go out for bids. Attorney Woods stated that another item was that he was instructed to call the Secretary of States office in regard to filing some of the Charter amendments. He explained that Mrs. Cavanaugh said that if we either amend by the Municipal Home Rules Power Act or by referendum, they would like to have a copy sent up to the Secretary of State. He suggested that the re- vised Code of Ordinances and all the amendments since then should be sent up to be filed with the Secretary of State. At this time the Council went back to discussion about hiring a negotiator. Councilman Sikes stated that before we forget it he would like to make a motion that we authorize the City Clerk to file with the Secretary of State our revised Charter with all the amendments thereto, being seconded by Councilwoman Webber. Mayor Armstrong spoke on this questioning which revised Charter are we talking about. He stated that he knows that many pages in the red book are obsolete. Councilman Sikes asked the attorney what his suggestion was? -3- o o Attorney Woods stated that the suggestion was that we file any amendments whether they were by the Municipal Home Rules Act or by referendum to the Secretary of States office. He stated that this is for a matter of record and they are not questioning the legality of anything. There was quite a bit of discussion in regard to this. Mr. Bevel asked what it would ,take for this City to get a Charter that would be accepted by every member of this Council. Attorney Woods stated that the City of New Smyrna Beach spent $3,000 with the Municipal Code Corporation and had their's revised and put in readable form. Mayor Armstrong spoke, stating that this is in a bad fix and it should be completely overhauled. Attorney Woods stated that it is nearly impossible to research something in the Charter as it is now. He stated that if the Council had the money he would say that we get the Municipal Code Corporation to set us up a good Code of Ordinance which we can read, however in the meantime we should have what we have now filed with the Secretary of State. Mr. Bevel asked the Council if at budget time they would keep this in mind and appropriate some money to get this done. Attorney Woods stated that the only thing he can go on is what the Council hired Joe Weaver to do in 1974, and this is what he goes by assuming that it was adopted. Mayor Armstrong stated that it was never adopted, and he added that any change that was made in the Charter Laws prior to the enactment of House Bill 1020 if it was not ratified by the voters it is not worth the paper it is written on. Tape 3-A Upon roll call vote on the motion said motion CARRIED. 3-2 Councilman Cairnie and Mayor Armstrong voting NO. Councilman Dietz asked why we keep putting things off, let's go on and hire a negotiator, so that we can get a Resolution drawn up for our next meeting. Councilwoman Webber stated that she is not in favor of hiring the same negotiator that New Smyrna has, which leaves us one choice. Councilman Dietz stated that Mr. McBrayer will be spending his time on our problems and not a lot of others at the same time. / Mayor Armstrong stated that he feel that this man is well qualified, however the only thing that bothers him is that he has never negotiated a contract. He feels that he knows how, and he knows the law and the area. Councilman Cairnie made a motion that we instruct our attorney to draw up a Resolution to hire Mr. McBrayer and have it ready for our next meeting, being seconded by Councilwoman Webber. The Council went over the terms of the contract, $150 per day, $75 half day and the whole figure not to exceed $3,000. Upon roll call vote said motion CARRIED. 5-0 Mayor Armstrong stated that the only other thing bothering him is that at our budget meeting we only had $1,000 appropriated for this and there will have to be a transfer made. Attorney Woods spoke to the Council about the malpractice insurance for the Edgewater Volunteer Emergency Rescue. Mr. Christy spoke to the Council on this, stating that the rescue will pay for their own insurance up to the beginning of the fiscal year and at that time the City will be asked to take it over. -4- . u 'J There was some discussion about this, Mayor Armstrong stated that there are still a lot of loose ends to be straightened out. NEW BUSINESS: Mayor Armstrong stated that to his knowledge Lt. McCall loaned the City of Edgewater sewer pipe, which he had stored and the City could not find at the time. He suggested that Mr. Dietz get with Lt. Mc Call and take care of this. Councilwoman Webber stated that she attended a Fire Department meeting when they were discussing a house out in Florida Shores which they lost to fire, due to a train going by and the fire truck could not get across the tracks to the fire. They were wondering if there was any way of getting another truck to store on the other side of the tracks so that this does not occur again. She stated that she looked into the possibility of us receiving a grant from the Government, she said that she found out that there is a possibility of us getting a fire truck absolutely free of charge. The only requirement is that they would like for it to be en- closed in a building, and she spoke with the man at the garage and found out that there is a bay over there that it could be put in. She stated that as she was instructed she also looked into storing these articles from the old fire house to the garage, and it can be done. She stated that the Police Chief and the patrolmen have all agreed to help move the articles on their own time. Mayor Armstrong stated that we are talking about a lot of money and we will have to look into this after we have the rooms cleaned out so we know what we have to work with. Councilman Sikes stated that he will be out of town and would like to be excused from the meetings on June 21, 28, July 5, and July 12. Councilman Dietz made a motion that Councilman Sikes be excused from these meetings, being seconded by Councilwoman Webber. Mayor Armstrong stated that he has no objection to this however we will need a Resolution on this. Councilman Dietz stated that he makes his motion to that effect. Upon roll call vote said motion CARRIED. 5-0 Councilman Dietz made a motion that we instruct Councilwoman Webber to get the figures what it would cost to do the job over in the old fire house, and present this to the Council. Mayor Armstrong stated that this is contrary to what we agreed on earlier, which was that we will get the Fire Department to clear out the place and then we will evaluate to see what is the most suitable use for the building. RECESS: Councilman Dietz made a motion that we recess this meeting until Thursday June 10th at 4:30 P.M., being seconded by Councilman Sikes. Said motion CARRIED. ft~7a~~~ Ma or _ ATTEST: ~~r~~L/i Approved this ~y of June, A.D. 1976 r ~ 1L. t1 /eA =-~ -5- , . o GENERAL FUND: City of Edgewater, WW & SS Florida Power & Light Southern Bell City of Edgewater American Hardware News-Journal Corp. Frank Hall Plumbing Time Cards of Florida City Auto Supply New Smyrna Beach Xerox Judson I. Woods,Jr. WATER AND SEWER: Florida Power & Light Southern Bell American Hardware Southeastern Municipal Supply New Smyrna Plumbing Supplies Dobbs Armature & Pump Service o BILLS AND ACCOUNTS JUNE 7,1976 Fire City Hall, Com. Ctr, Shuflbrd.C.D.,Fire, Rec. City Hall ,etc. Fire Petty Cash City Hall, P.O., Street Legal ad City Ha 11 Misc. P.O., Street, Trash & Garbage P.O. Misc. City Attorney Water and Sewer Sewer Water and Sewer Water Sewer Sewer 8.80 362.84 250.23 27.43 21.25 22.40 4.99 19.90 49.68 53.66 28.50 90.00 939.68 383.67 18.58 13.70 170.10 3.40 251.90 841.35