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05-10-1976 - Regular r~ (.) o CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA REGULAR MEETING HELD MAY 10, 1976 Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater, Florida to order May 10, 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 Woods City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Present Present Excused Present Present Present ; I.;:~\ ~?)'('i: 7G ~~~~',!. ~..'."~ ~.'..'.');"~l >,.,~,.f) \: t .... '!'. HI ,,' u.( \.~ ',l ~1~. ~ .."\1bi'~U ..- ROLL CALL: INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES: Councilman Cairnie made a motion to approve the minutes of the regular meeting, May 3, 1976, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. 4-0 BILLS AND ACCOUNTS: The City Clerk read the bills from the General Fund Account and the Water and Sewer Account, answering several questions from the Council in regard to them. A copy of said bills and accounts is attached to these minutes. Councilman Cairnie made a motion to pay the bills, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. 4-0 Councilman Sikes made a motion that the City Clerk instruct the necessary places of business and the department heads that no purchases should be made or repairs made without a purchase order being obtained, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. 4-0 COMMUNICATIONS: Certification of Posting The City Clerk read a notice from Volusia Council of Governments of a meeting on Wednesday, May 12,3:30 P.M., Courthouse Annex, Room 307, Daytona Beach. The City Clerk read a letter from the Division of CETA Administration, County of Volusia in regard to nominations for membership on Volusia County CETA Man- power Planning Council. There was no action taken on this communication, it was a matter of information. ~ Q o The City Clerk read a letter from L.N. Thomas, Chief, Motor Fuel Tax Bureau, Department of Revenue in regard to the refund on gasoline tax used in motor vehicles owned and operated by the City and used by City employees to travel to and from work. Mayor Armstrong suggested that this communication be tabled in order to get an explanation from the auditors, since there seems to be a lack of communica- tion in regard to this matter. There was some discussion as to what employees of the City take their cars home after work. The City Clerk read a letter from the Environmental Protection Agency in regard to granting the City's request for the elimination of the sampling of fecal coliform for the period April 1976 to July 1977. There was no action necessary on this correspondence. _ The City Clerk read a letter from Officer Page in regard to a seminar which will be held June 14 through June 25, asking for suggestions in regard to the costs of said seminar. Tape 1-B Councilman Cairnie made a motion to table this for further study, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. 4-0 The City Clerk read a letter from Jim D. Hogan, Principal, Edgewater Public School concerning putting shell on school property after entering from Turgot Road. Mayor Armstrong stated that as of this date, the bad places in this road were fixed, and after a little rain, the road will be in pretty good shape. The City Clerk read a letter from the U.S. Department of Labor in regard to Patrick P. Wi1son1s letter to them applying for review of the alleged dis- criminatory firing. Attorney Woods spoke to the Council about this, stating that he could take depositions in regard to this rather than having everyone appear at the hearing, however the City should just let Mr. Wilson ask for a hearing if he wishes and in the meantime we will prepare our case. Councilwoman Webber made a motion to authorize our attorney to take depositions and take whatever action necessary to proceed with this case, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED 4-0 AUDIENCE MISCELLANEOUS: Mr. Taylor was given the floor and he spoke in regard to the Supreme Court ruling about the County using tax monies charged to the Cities for services not delivered to the Cities. He stated that he would like the Council to at least complain to the County, and he presented the Mayor copies of the articles from the newspapers. Copies attached to original minutes. There was discussion about this with Mr. Taylor, and Mayor Armstrong stated that some action will be taken in the near future by the Council in regard to this. RESOLUTIONS: RES. NO. 655 A RESOLUTION EMPLOYIND DAVID RALPH PETTIT AS LEAD OPERATOR IN THE SEWER PLANT, CITY OF EDGEWATER, SETTING SALARY, PROVIDING FOR A THREE MONTH PROBATIONARY PERIOD AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Woods read the Resolution in full. Councilman Sikes made a motion to adopt the Resolution, being seconded by -2- ~ o Q Councilwoman Webber. Upon roll call vote said motion CARRIED. 4-0 RES. NO. 656 A RESOLUTION APPOINTING HARVEY BURGESS AND MERLE JOHNSTON TO THE MERIT BOARD, SETTING FORTH THEIR TERMS AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Woods read this Resolution in full. Councilman Cairnie made a motion to adopt the Resolution, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. 4-0 ORDINANCES: ORD. NO. 953 AN ORDINANCE AMENDING SECTION 35 OF THE CHARTER OF THE CITY OF EDGEWATER, FLORIDA REGARDING THE PENALTIES FOR ABSENCE FROM REGULAR CITY COUNCIL MEETINGS, REPEALING ALL RESOLUTIONS AND ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Woods read the second reading of this Ordinance in full. Councilman Sikes made a motion to adopt the Ordinance, being seconded by Councilwoman Webber. There were questions from the audience in regard to this, which the Mayor answered. There was much discussion about this and whether it should become law, or if it should be left to the Council to excuse a member if it is necessary. Tape 2-A Upon roll call vote said motion DIED, Councilman Cairnie and Mayor Armstrong voting NO. ORD.NO. 955 AN ORDINANCE REPEALING ORDINANCE NUMBER 750 AND RESOLUTIONS NUMBERS 543 AND 558, WHICH ORDINANCE AND RESOLUTIONS APPOINTED JOE WEAVER, ESQ., AS CITY ATTORNEY FOR THE CITY OF EDGEWATER, FLORIDA, ADOPTED THE LEGAL SERVICES AGREEMENT BETWEEN JOE WEAVER, ESQ., AND THE CITY OF EDGEWATER FOR REPRESEN- TATION REGARDING THE WATERWORKS AND SEWER SYSTEMS BOND ISSUE, AND ESTABLISHED THE RETAINER FOR JOE WEAVER, ESQ., AS CITY ATTORNEY AT $250.00 PER MONTH, REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Woods read the second reading of this Ordinance in full. Councilwoman Webber made a motion to adopt the Ordinance, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. 4-0 OLD BUSINESS: Councilman Sikes directed a question to Attorney Woods at this time in regard to the interim financing. He stated that there is no question in his own mind about there being a conflict of interest, however he will abide by the attorney's ruling as to whether he should excuse himself from the meeting or not. Attorney Woods stated that in order to preclude any accusations in regard to a conflict of interest it would be a good idea to excuse him from taking any action on this matter. Councilman Sikes asked the Council to excuse him. Mayor Armstrong excused Councilman Sikes and he left the Council table. The City Clerk opened the bids from several banks and read them to the Council. She stated that she did not open any of these, so if there are any questions from the banks and they did not follow up by telephoning it was too bad. The only two banks submitting bids were The Florida Bank and Trust Company, Daytona Beach, and Southeast Bank of New Smyrna Beach. -3- ~ o o These two bids were discussed thoroughly. Mayor Armstrong pointed out that the Florida Bank and Trust states that they are submitting their proposal, and the Southeast Bank is stating a firm bid, and we have to show proof by Wednesday that this is going through. Tape 2-B - Councilman Cairnie stated that if we do not meet out deadline, this project will cost 10% more than the bid price. Mayor Armstrong reviewed the implementation of the necessary documents to proceed with the sewer project, and explained that everything has been taken care of ex- cept this interim financing. The City Clerk explained that Mr. Eldridge said that they will need a Resolution on this interin financing. Attorney Woods stated that he took the liberty of preparing a Resolution in blank, since he knew that we had to have one and time is of the essence. Councilman Cairnie made a motion that we accept the bid of the Southeast Bank of New Smyrna, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. 3-0 The Mayor instructed Attorney Woods to read the Resolution which he prepared, and has now filled in. RES. NO. 657 A RESOLUTION ACCEPTING THE COMMITTMENT OF SOUTHEAST BANK OF NEW SMYRNA TO PROVIDE INTERIM CONSTRUCTION FINANCING FOR THE PROPOSED EXPANSION OF THE SEWER AND WATER FACILITIES FOR THE CITY OF EDGEWATER, FLORIDA, AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Woods read this Resolution in full. Councilwoman Webber made a motion that we adopt this Resolution, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. 3-0 Mayor Armstrong explained to the audience that they did not know about the 10% increase on the bid price until last Friday, and he wants to express his appreciation to those who have worked very hard on this since then. He added that he would like the City Clerk to write the appropriate letters to the banks, notifying them of the action taken by the Council. Mayor Armstrong stated that the next item on the agenda is the General Fund budget. The City Clerk stated that it will take a Public Hearing to move money from one account to another, and it will take two readings on an Ordinance. It will take a lot of work, and she said that she doesn't see doing it twice. Councilman Cairnie stated that this is really a job for the Council anyway, and we should set up one meeting for just this. Mayor Armstrong suggested that upon receipt of our next Clerk's Cash Statement and Budget Report, we set a date for such a meeting. NEW BUSINESS: The City Clerk read a letter from the Board of Adjustments and Appeals in regard to permit fees, and annual fees for competency cards. Mr. Loeffler spoke to the Council about this. There was some confusion about the charges for the permits. Councilman Sikes made a motion to table this and that the City Clerk advise Mr. Cole to clarify this. Mayor Armstrong recommended that we do act on the competency cards suggestions tonight. -4- ~ r o u Councilman Sikes withdrew his motion. Councilwoman Webber made amotion that we accept the suggested competency card fees~ and table the suggested permit fees~ being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. 4-0 Tape 3-A There was more discussion in regard to these permits~ and how they are being issued~ and to whom they are being issued. Councilman Cairnie made a motion that we notify the Building Official not to issue permits unless they comply with the law~ being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. 4-0 Mayor Armstrong explained that the matter of the competency cards will have to be adopted by an Ordinance. Councilman Sikes made a motion to authorize the attorney to prepare the Ordinance adopting the fees for the competency cards~ being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. 4-0 Discussion began about dividing the Mayor's office and making two seperate offices. Mayor Armstrong explained that there is no immediate neccesity of moving the Building Inspector out~ and there are meetings held in that office which re- quires the room~ and dividing it would cause another handicap. Mayor Armstrong reported that the $13~000 was approved in regard to the Library expansion. Mayor Armstrong reported about the sealing of Ocean Avenue which was completed~ and he feels it is a good job. He described the work that was done. ADJOURNMENT: Councilman Cairnie made a motion to adjourn, being seconded by Councilman Sikes. Said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler ~~ /' :~;k~ --c.-0 Approved thi s /7 day of t:;, Counc' May, A.D. 1976 e~/ i~--7~~OU:C~l~ Ma or ~ -5- .. '- _ .... A o GENERAL FUND City of Edgewater, WW & SS Oasis Car Wash Florida Power & Light Brown's Air Condo Sol-Ray Supplies, Inc. D & M Welding American Hardware City of Edgewater Larkin Coyle-Contractor Dwights Pratts Radiator New Smyrna Chrysler Plymouth Ropp's Automotive City Auto Supply Diversified Electronics NSB-Edgewater Humane Society New Smyrna Beach James N. Davis WATER AND SEWER Florida Power & Light City of Edgewater American Hardware Dwights City Auto Supply Diversified Electronics u BILLS AND ACCOUNTS MAY 10, 1976 Fire P.D. City,HaI1, Com.C.,C.Ll.,F.D.,P&P, Rec. Library Com. C. Shuff1brd. City Hall, com. C.,P & P, Street Petty Cash - Com.C, City Hall, P.D. Street Paving & "Imp. City Ha 11, P. D. P.D. P.D. P.D. Landfill, P.O., Street P.D., Fire, Street Humane Society P.D. Attorney Water and Sewer Petty Cash - Water and Sewer Water and Sewer Water and Sewer Sewer Sewer 5.50 18.00 340.86 22.65 1.26 7.25 28.32 12.63 495.00 19.80 29.20 121.87 104.00 35.41 306.10 150.00 25.50 352.50 2,075.85 374.13 9.00 12.61 8.95 18.72 63.60 487.01