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05-24-1976 - Regular . ./ Q o CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA REGULAR MEETING HELD MAY 24, 1976 Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater, Florida, to order Monday, May 24, 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 Present Present Present Present Present Present Present &fJ!"j)", , ,,\'l ""'>1 f\ ,", ~~~: ~~ . ~~~~ , ROLL CALL: INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES: Councilman Cairnie made a motion to approve the minutes, being seconded by Councilman Dietz. Councilwoman Webber stated that she would like a correction made on page 4. She stated the change so that it could be retyped. Mayor Armstrong asked for a motion to approve the minutes ~as corrected. Councilman Cairnie made such a motion, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. 5-0 BILLS AND ACCOUNTS: The City Clerk read the bills in the General Fund Account and answered several questions from Councilman Cairnie in regard to the repairs being made on the police cars. The City Clerk read the bills from the Water and Sewer account, and the Federal Revenue Account, explaining the bill from ffriley, Wild and Associates. Councilman Cairnie made a moiton to pay the bills, being seconded by Council- woman Webber. Upon roll call vote said motion CARRIED. 5-0 COMMUNICATIONS: Operation and Maintenance Budget Revenue reports Certification of posting The City Clerk read a letter from the Board of Governors in regard to several repairs necessary at the Ball Park and the Community Center. Also attached were the new rates for the Community Center use. ~ ~ o Councilman Dietz asked if the Mayor wants us to act on the communications as we come to them. Mayor Armstrong stated that we went on record at the last meeting that we were going to take the important things, and table everything else and go on to the budget. Councilman Dietz stated that he feels that a leak in this building is im- portant, and he made a motion that Councilman Cairnie look into these items, get them fixed and bring a report back to the Council, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. 5-0 Mayor Armstrong stated that the part of the communication in regard to the rate changes should be tabled, along with the other communications. The meeting continued at the audience participation. AUDIENCE MISCELLANEOUS: Mr. Vic Mac Donald was given the floor. He spoke to the Council about the letter written by them to Mr. Benedict in regard to the traffic situation. He is requesting that another letter be written explaining that there is no objection of the four laning of State Road 44, however that we are trying to get a bridge in Edgewater. He stated that he does not feel that the four laning of State Road 44 will have any effect on the bridge being built in Edgewater. There was much discussion among the Council and Mr. MacDonald about this. Councilman Sikes stated that we did not go on record opposing the four laning of State Road 44, but we did say that it was a waste of money that if we four lane and come right down to a two lane bridge, unless there are plans to four lane all the way to the beach. In this event, the people in Edgewater will never be able to get to the beach or anywhere north of New Smyrna. Mr. MacDonald stated that plans are underway to widen the south bridge in NewSmyrna and it is to be put in the budget the year after next. Mayor Armstrong stated that he can not honor his convictions by saying that we are not talking about wasting some money by building some 1300 feet of viaduct that they don't need. He stated that he is not opposing the four laning of State Road 44, but to put an overpass there with no ingress or egress to U.S. I, is a bad plan and a waste of money. Councilman Dietz reminded Mr. MacDonald that when New Smyrna needed help in getting the South bridge, we voted for the bridge, now we need help getting our bridge, which will give them ingress and egress to the beach, which we will not get if you go ahead with these plans. The entire Southeast Volusia Counties will benefit from a bridge in Edgewater. He stated that if this project goes through it will be a long time before Southeast Volusia County gets any more money. Mr. MacDonald again stated that he does not believe that stopping the four laning of 44 will put the money in Edgewater or take it out. He stated that he does not agree with the fact that the overpass will not have a service road onto U.S.I, and it will be coming. Councilman Dietz stated that the overpass is not going to benefit the people of New Smyrna Beach because they will not be able to get on the overpass because it is going to bridge U.S.I. It will only benefit those people out of the County coming to the beach. He stated that the smart way to do this is after four laning 44, put the bridge up in Edgewater and then go back later and put up the overpass if you want. -2- -' ~ o o Mr. MacDonald stated that he has said before that this is the smart way to do it, but this is the plan that they were given. Mayor Armstrong explained that the problem is not with New Smyrna Beach, it is with the engineering department. New Smyrna is going to take the best that they can get. Mr. MacDonald stated again that he is only asking that another letter be written explaining that Edgewater is not opposing the four laning of 44, if they oppose the engineering, that is fine because so are they. Mayor Armstrong stated that this will be discussed among the Council and action will be taken as the Council desires. Councilman Dietz stated that more letters should be written by different organizations and so on. It is time that we fight for this. Mayor Armstrong stated that the City Clerk should be instructed to send a copy of this letter to the County Manager and the County Council. The City Clerk read two letters that were sent to the State Senator, Rep- resentatives and the Governor. Tape 2-B Comments were made by several members of the audience. Mr. Christy was then given the floor, explaining that he has the opportunity to get a pump for the City, the only cost will be the expense for going to get it. A pump of this type would cost about $1800.00 if the City has to buy one. After discussion, Councilman Dietz made a motion that we instruct the Mayor to get the rest of the information through Mr. Christy and if he sees that this is feasible to go ahead and make the arrangements to pick up this equip- ment, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. 5-0 At this time Councilwoman Webber asked if she could bring up one communication. The letter from the City to Mr. Briggs of the CETA Administration was discussed. Mayor Armstrong tried to explain the program's present status and the require- ments which are necessary to follow. RESOLUTIONS: RES. NO. 659 A RESOLUTION APPROVING THE RECOMMENDATION OF THE BOARD OF ADJUSTMENTS OF THE CITY OF EDGEWATER, FLORIDA, REGARDING A VARIANCE FOR CERTAIN DESCRIBED PROPERTY WITHIN THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Woods read the Resolution in full. Councilman Dietz made a motion to adopt this Resolution, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. 5-0 RES. NO. 660 A RESOLUTION DESIGNATION WILLIAM A. RICKELMAN AS THE INVESTIGATOR FOR THE EDGEWATER POLICE DEPARTMENT, SETTING FORTH HIS WAGES, REPEALING ALL RESO- LUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Woods read the Resolution in full. -3- ~ u o Councilman Sikes made a motion to adopt this Resolution, being seconded by Councilman Dietz. There was a question from the audience as to what this man is going to investigate. Mayor Armstrong explained that this is a provision set up in order to become eligible for the LEAA funds. It is necessary to abide by rulings of the LEAA and the Federal Government, and so on. His salary comes out of the LEAA funds, and the other costs to administer the position of the investigator. Councilman Cairnie asked questions as to what this man is going to do? Councilman Dietz stated that what he understands is that when there is a crime(break-in, robbery, murder, etc.), he gets the pertinent information from the officers and he takes it from there, relieving the officers to go back to work. Where before they had to do this investigating themselves, he does it all now. Councilman Cairnie stated that we don't have that much crime in Edgewater. Upon roll call vote said motion CARRIED. Councilman Cairnie and Mayor Armstrong voting NO. ORDINANCES: ORD. NO. 956 AN ORDINANCE AMENDING THE CHARTER OF THE CITY OF EDGEWATER, FLORIDA, TO PROVIDE FOR BY ADDING CHARTER SECTION 59-A, EDGEWATER VOLUNTEER EMERGENCY RESCUE, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Tape 3-A Attorney Woods read the second reading of this Ordinance in full. Councilman Dietz made a motion to adopt this Ordinance on the second reading, being seconded by Councilman Sikes. Councilman Cairnie questioned the attorney in regard to this Ordinance amending the charter, and that his understanding of the Home Rule Act is that you can not amend the charter unless it goes to a referendum to the voters. Attorney Woods stated that unless you change the form of government you can do most anything that you want to under the Municipal Home Rules Power Act. Mayor Armstrong asked questions of Mr. Bevel in regard to the insurance, which Mr. Bevel answered, and Attorney Woods explained what he was told by the Insurance Agency. Mayor Armstrong explained that this will not become effective until this Ordinance as a change to the Charter is filed with the Secretary of the State. Upon roll call vote said motion CARRIED. Councilman Cairnie and Mayor Armstrong voting NO. There was more discussion about an amendment to the Charter being filed with the Secretary of State. Councilman Dietz made a motion that we instruct the City Attorney to call the Secretary of State's office and get the pertinent information if it is neces- sary to do this, get it filed immediately and get it back as soon as possible, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. 5-0 OLD BUSINESS: Councilman Sikes stated that he asked that this be put on the agenda. He stated that the City has been closing on Memorial Day in the past, and he made a motion that inasmuch as we have observed Memorial Day in the years past that the City Hall be closed and the employees be given a legal holiday, and that the Council meeting that ordinarily would be that Monday night be this coming -4- j 1 . '. I u o Thursday, the 27th, being seconded by Councilman Dietz. Councilman Cairnie stated that he believes there is an Ordinance stating the holidays and this would be a violation of that Ordinance. Mayor Armstrong asked if this includes the Street Department, Water and Sewer Department? It was stated that this would be a holiday for everybody, the way it is done on the other holidays. Upon roll call vote said motion CARRIED. Councilman Cairnie and Mayor Armstrong voting NO. NEW BUSINESS: Mayor Armstrong stated that it was previously agreed at the Public Hearing to put the priority on the Federal Revenue Sharing monies into a paving program. Councilwoman Webber made this into a motion, that $25,314.00 of the Federal Revenue Sharing monies be adopted with the priority on street paving and improvements, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. 5-0. Mayor Armstrong suggested that we set the priorities of what streets to be paved first and so on at our next meeting. At this time, Councilman Sikes suggested that we go back now and pick up the items that we previously tabled and finish them up, and then save Thursday night for the budget. The Council agreed that this is a good idea. Mayor Armstrong stated that there were three items under communications that we will now revert back to: Board of Governors made recommendations in regard to the rates to be charged for the use of the Community Center. Councilman Cairnie made a motion to table this so that he can discuss this with the board, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. 5-0 The City Clerk read a letter from Mr. Harry E. Lampe, County of Vo1usia in regard to the costs for leasing equipment from the County. Mayor Armstrong answered questions from the questions in regard to this, and he explained the process of the street improvements and paving. He explained that the equipment won't be available until late in August. There was no action necessary in regard to this communication. The City Clerk read a letter from Briley, Wild in answer to Mr. Fernandez1s meeting with Mr. Collins of the Orlando Department of Environmental Regula- tions, indicating that we will not be allowed a stay until our bids come in, which is what we were requesting. The Council members discussed this communication, there was no action necessary. The City Clerk read a letter from Executive Director, Florida Sheriffs Assoc- iation in regard to the seminar that Officer Paul Page attended, and enclosing a certificate for Officer Page. The City Clerk read a letter from Mrs. Ida A. Ward, 1506 Monroe Drive in re- gard to a lot clearing problem on Monroe Drive. -5- t. ,.'. .. u u Councilman Sikes asked who owns this lot? The City Clerk stated that Mrs. D.H. Dinnen owns the lot. Councilman Sikes asked if the lot has been cleared off before? The City Clerk stated that it has. Councilman Sikes made a motion that we advise her that she is in violation of a certain Ordinance, and give her so many days to clear it, or we will have it done, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. 5-0 rape 3-B ANNOUNCEMENTS: Mayor Armstrong announced that there is a meeting tomorrow night with Mr. McBrayer, for the purpose of discussing the City's roll in negotiations with unions. ADJOURNMENT: Councilman Cairnie made a motion to adjourn, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. MINUTES TAKEN BY: Sue Bl ackwe 11 Debbie Sigler ATTEST: ~~ ~~i eity Clerk Approved thi s C:;nrL day of ~ , A.D. 1976 ~ ~J a4~~~C:-'~ Ma or -6- ye-s I' r fL- ./ '" ;-.., .. Q GENERAL FUND: Public Gas Fla. Police Chiefs Assoc. Williams Welding Jones Equipment Co. Beacon Medical & Emergency Equip. Xerox M & T Printers Ropp.s Automotive New Smyrna Chrysler-Plymouth Briley, Wild and Associate? Judson I. Woods, Jr. WATER AND SEWER: Edgewater Manufacturing Co. Badger Meter, Inc. Briley, Wild & Associates FEDERAL REVENUE: New Smyrna Beach Abstract Co. Judson I. Woods,Jr. <J BILLS AND ACCOUNTS MAY 24, 1976 Street P.O. Street P.O. P.O. Misc. Bldg. Insp. P.O. P.O. Garb. City Attorney 19.31 20.00 21.75 157 .50 50.00 156.23 261.85 119.77 256.76 500.00 137.50 1,7.00.67 Sewer Water Sewer 27.55 402 . 12 251.39 681.06 Title opinion to F.H.A. LH.A. 35.00 47.50 82.50 , , ~.