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05-17-1976 - Regular .- o Q CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA REGULAR MEETING HELD MAY 17, 1976 Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater, Florida to order Monday, May 17, 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 Woods City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Present Present Present Present Present Present ~~.~~\\ ", ~~ \. n,~VJ W~..:..~.~.;:..\:".:r ~ ~ 10 \:1:,. >\~n'~ ~ "i. '\1l~,...~.l"J \t .'\ .~v I 'iQIJ INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES: Councilman Cairnie made a motion to approve the minutes of the special meeting May 5, 1976 and the regular meeting May 10, 1976, being seconded by Council- woman Webber. Upon roll call vote said motion CARRIED. Councilman Sikes voting No on the May 5th meeting because he was absent, Councilman Dietz voting no be- cause he was absent from both. BILLS AND ACCOUNTS: The City Clerk read the bills from the General Fund Account and answered several questions from the Council in regard to the bill from the County Building Inspectors. She continued reading the bills from the Water and Sewer Account and the Federal Revenue Account. Councilman Cairnie made a motion to pay the bills, being seconded by Council- man Sikes. Upon roll call vote said motion CARRIED. 5-0 COMMUNICATIONS: Certification of Posting General Fund Budget Report Clerk's Cash Statement The City Clerk stated that she read a letter about two meetings ago from May Zima about the seminar and she needs to let them know by Thursday how many are going to attend. The City Clerk read a letter from Officer Paul Page asking that the Council withdraw his request for financial assistance concerning the seminar June 14 through the 25th. No action was taken on this. The City Clerk read a rather lengthly letter from May, Zima & Company in regard to the additional work necessary to complete the fixed asset inventory project. o u Mayor Armstrong stated that he does not agree with their theory of evaluating real property. There is no question about what the City owns, we have a record of it and we do have the values. The Council discussed this communication. Tape l-B Councilman Sikes explained that for the last three years our auditors have been telling us that we need to take care of this inventory. Councilman Dietz asked the City Clerk if she understands what this letter says and does she know how to procede with it? The City Clerk explained that the reason she brought it up to the Council is because it is going to take extra hours, and she wants it a matter of record that the girls will be working extra hours and she either wants it established that they get comp time or whether they will be paid for it. She stated that if she has to also come in early she either wants comp time or pay for it. Councilman Dietz made a motion that we authorize the City Clerk to go ahead and proceed with the recommendation of May Zima, not to do this on an over- time basis, on a regular time basis, not to exceed 40 hours a week per in- dividual, based on their present salaries, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. 5-0 The City Clerk read a letter from The American Legion in regard to a Memorial Day Service on Sunday May 30, 1976, inviting the Council and the City employees, and asking that the City provide the wreath for display. Councilman Dietz made a motion to authorize the purchase of the wreath, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. 5-0 The City Clerk read a letter from the Florida Bank and Trust Company concerning the Water and Wastewater Treatment System bid which they recently sent to the City, stating that this was a firm bid, and asking that they be reconsidered. Mayor Armstrong stated that it was not his opinion that the word proposal did not cause the decision. It was the fact that it was a proposal, however it had not been approved by the director. The bid that we accepted had already been approved. The time element was so vital, that we felt we had to accept the firm bid. Councilman Dietz asked the attorney if the Council is legally bound to accept the lowest bid? Attorney Woods stated No. Mayor Armstrong stated that the City Clerk should write to this bank thanking them, but explaining that our decision was already made and the situation. Councilman Cairnie made a motion that the Clerk send such a letter, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. 4-1 The next communication was from Mr. Bruce Grabnear of the CETA Program. Mayor Armstrong explained the contents of the letter. The City Clerk read a letter from Mr. Charles M. Collins, Air and Solid Waste Section, Department of Environmental Regulation in regard to the tem- porary Operating Permit. Rick Fernandez stated to the Mayor that he would like to have authorization to stop in and talk with them,explaining what the City is presently doing and hopefully get a stay on this. Councilman Sikes made a motion that we authorize Mr. Fernandez to try to get a stay on this, being seconded by Councilwoman Webber. -2- u u At this time there were several questions from the audience in regard to the landfill, which Rick Fernandez answered. Tape 2-A Upon roll call vote said motion CARRIED. 5-0 The City Clerk read a letter from McMahan Construction Company, Inc. in regard to the Sewage Treatment Plant expansion, stating that they will accept award of a contract in the amountof $459,000.00 for the construction of this project. Mayor Armstrong explained to the audience that the low bidder on this project backed out and now McMahan Construction Company, Inc. is the lowest bid. There was much discussion in regard to a time limit for this bid. Mr. McMahan added a 60 day limit on the letter, at the request of the Council. Councilman Cairnie made a motion that our attorney draw up a Resolution on the figures that were quoted to the McMahan Construction Company and that we accept the bid from them, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED 5-0. Mayor Armstrong declared a recess so that the attorney could have corrections made in the Resolution which he had prepared. RESOLUTION NO. 658 A RESOLUTION ACCEPTING THE BID FOR THE CONSTRUCTION OF THE SEWER TREATMENT PLANT EXPANSION IN THE CITY OF EDGEWATER, FLORIDA OF McMAHAN CONSTRUCTION COMPANY, INC. OF DELAND, 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 CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Woods read the Resolution in full. Councilman Dietz made a motion that we adopt this Resolution, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. 5-0 Mayor Armstrong explained that we have a form from P.B.A., however we do not have all the pertinent information we need in regard to this. Councilwoman Webber stated that Mr. McBrayer will be able to come back and speak again to the Council. She said that she could talk with him and set up a meeting date. Tape 2-B ORDINANCES: ORD. NO. 957 AN ORDINANCE AMENDING SECTION 13-8B OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ADOPTING NEW ANNUAL FEES FOR COMPETENCY CARDS. Attorney Woods read this Ordinance in full. (first reading) Councilman Dietz made a motion to adopt this Ordinance, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. 5-0 OLD BUSINESS: Mayor Armstrong explainedthat at the last meeting we had a request from the Board of Adjustments & Appeals in regard to the permit fees. He also explained that the City is now under a one permit system, and he spoke to the Council about how this works. He stated that in researching this he understands what they are asking for, and he agrees that it is an improve- ment over what we now have. -3- . o Q Councilman Dietz made a motion that we instruct the attorney to draw up an Ordinance establishing these fees, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. 5-0 MISCELLANEOUS: Mr. Wharton was given the floor. He brought up the question whether our City needs a detective. Mayor Armstrong spoke on this, explaining that this position was developed since the LEAA program came in. We are using funds available through the P.B.A. grant system which at present is having problems. Councilwoman Webber spoke to the Council about another grant from the LEAA covering a Four City grant, New Smyrna, Oak Hill, Port Orange and Edgewater applied for this. She added that getting back on the subject, our detective has never received the money that has been paid toward him by the Federal Government. She said that she wanted to know why the Mayor would not sign the pay slips for him? Mayor Armstrong stated that he doesn't sign checks in violation of the Charter. There was much discussion about this being in violation of the Charter. Councilman Dietz stated that when we authorized by Resolution to take this money from the Federal Government they sent us the amount that we would have to pay this man. Mayor Armstrong stated that he is not going to put Federal money in anyones pocket without the Council approving it. Councilman Dietz stated that if the Federal Government is glvlng us so much money to pay this man, we have to pay him and not stick it in our pocket because that is misappropriating Federal funds. Councilwoman Webber stated that the money has been here. He should have been receiving it since the first of April. Mayor Armstrong stated to put it on a voucher for the City Council to ap- prove payment and he will be happy to sign it. This has to be done by the City laws, and he is not going to violate them. Councilwoman Webber asked the attorney to read the Resolution. Attorney Woods read to the Council from the document in regard to any monies being withheld which are received directly or indirectly from LEAA. Councilman Dietz made a motion to authorize the City Clerk to draw up a pay voucher or whatever it takes to pay this man his regular salary as described by the LEAA grant and all back pay to April 1,1976, being seconded by Council- man Sikes. Mr. Taylor asked a question about this penalty? Attorney Woods stated that if the City gets the funds it could be construed as misappropriation of funds if you don't pay it. He also ~dded that whatever action the Council wants to take to pay, lets do it tonight. Upon roll call vote on the motion, said motion CARRIED. 4-1 Mayor Armstrong voting NO. Mayor Armstrong spoke to the people about the Department of Transportation's plans in regard to the four laning of State Road 44, the relocation of 44. He stated that there will be a meeting in New Smyrna tomorrow about this. Councilwoman Webber stated that she feels this is the oportune time to present a Resolution to the Department of Transportation in regard to relocating the fisheries. -4- . . . ," o o Tape 3-B Councilman Dietz suggested that a letter to our representatives in the legislature might be highly effective on this. He added that what they are proposing is not a solution to the congestion. Another bridge would solve the congestion. Councilman Dietz made a motion to instruct the City Clerk to draw up a letter for the Mayor's signature stating that the Council will go on record unanimously being opposed to this construction of an overpass in New Smyrna Beach, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. 5-0 Councilman Dietz stated that he would like the Council to read over the report which was submitted by Mr. Yackel. Councilman Dietz began discussion about the drainage ditches in the City of Edgewater, and whose responsibility it is to get this done. Mayor Armstrong stated that we should read the Ordinance, and either enforce it or amend it. Councilman Cairnie suggested that the next Monday night meeting be devoted only to the budget. Mayor Armstrong stated that we will have to have a Resolution next week in regard to a variance from the Board of Adjustments, and also Mr. Blanken has made a request for rezoning and we need to instruct the attorney to look into this, also we have a Public Hearing scheduled for the 24th. Mayor Armstrong told Attorney Woods that he could get the information re- garding Mr. Blanken's request from the City Clerk. Councilman Cairnie asked again if we are going to devote next Monday.s meeting for the budget? Councilman Dietz stated that since the 31st is a holiday, we will get behind again if we miss two meeting nights in a row. Mayor Armstrong stated that Memorial Day is not a legal holiday, and we should stick to the legal holidays until such time as we see fit to establish another legal holiday. It was agreed that since the Council will meet on the 31st, that the meeting on the 24th of May will be devoted to the budget. ADJOURNMENT: Councilman Cairnie made a motion to adjourn, being seconded by Councilwoman Webber. Said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler ATTEST: $~~ City Cl,erk ~ Approved this~day of May, A.D. 1976. co-~ &~-r.~~ Mayor -5- ,. .' , u GENERAL FUND City of Edgewater WW & SS Orkin Extermination Florida Power & Light Co. Southern Bell News Journal Corporation Bob Syer Gray Drug Stores, Inc. New Smyrna Builders Supply New Smyrna Chrysler-Plymouth New Smyrna Commercial Printing Gator Automotive Parts Industrial Office Outfitters R. E. Morris Dana T. Armstrong County of Volusia Judson I. Woods,Jr. WATER AND SEWER City of Edgewater WW & SS Florida Power & Light Co. Southern Bell Gasoline Alley Service Hughes Supply Judson I. Woods, Jr. FEDERAL REVENUE Daniel W. Cory Judson I. Woods, Jr. u BILLS AND ACCOUNTS MAY 17, 1976 City Hall, Shuflbrd.,Com. Ctr. Fire Street, Street lites, Traffic lite. Street, Fire Legal ads P.D. P.D. Fire P.D. Bl dg. Inspector Garb. City Ha 11 Street Mileage, VCOF meeting 81 dg. Inspector City Attorney 37.55 15.00 2,069.76 67.36 19.95 35.00 33.41 188. 1 5 38.03 36.00 33.34 169. 17 15.26 5.32 1,540.65 57.50 4,361.45 Water Water and Sewer Water Sewer Water Water and Sewer 5.50 1,373.29 56.29 4.00 11 7 . 94 10.00 1,567.02 Max Massey property Re: F .H.A. loan 5.00 226.52 231.52