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05-03-1976 - Regular '. . o Q CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA REGULAR MEETING HELD MAY 3, 1976 Mayor Armstrong called the City Council meeting of the City of Edgewater, Florida to order Monday, May 3, 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 nnn~~~ !:I) j ~~. .1~. vw,'H1J · ~ .. ,\~~I~ii .. INVOCATION: SALUTE TO FLAG: APPROVAL OF MINUTES: Tape l-A Councilman Cairnie made a motion to approve the minutes of the regular meeting 3 min. April 19, 1976 and the regular meeting April 26, 1976, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. 5-0 BILLS AND ACCOUNTS: The City Clerk read the bills and accounts from the General Fund, and answered several questions on these bills. She continued on with the bills from the Water and Sewer Fund, and also answered a question regarding one of these bills. 12 min. Councilman Cairnie made a motion that the bills be paid, being seconded by Councilwoman Webber, Upon roll call vote said motion CARRIED. 5-0 COMMUN ICATIONS: ...... Certification of Posting The City Clerk read a letter from Paul Loeffler, stating that if there is a conflict of interest in regard to his working with the Building Inspector and serving on the Board of Adjustments and Appeals, he is submitting his resigna- tion. It was agreed among the Council and the attorney that there could possibly be a conflict of interest. Councilman Sikes made a motion based on the information from the attorney that we accept Mr. Loeffler's resignation and thank him for his past services, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. 5-0 The City Clerk read a letter from P. Malcolm Smith, Jr., Traffic Engineer from the County, informing us that they have completed programming for the Volusia County Accident Reporting System and that compiled accident statistics will be mailed to our Chief of Police for his use. '. . o o '. . There was no action necessary. The City Clerk read a memo announcing the May meeting of the Volusia League of Municipalities in South Daytona on May 20, 1976. This letter will be read again to remind the Council. The City Clerk read a letter from Richard S. Graham in regard to Axel G. Hocquard and his parents and an incident which occurred in Edgewater December 5, 1975. Councilman Dietz made a motion to turn this over to our attorney to investigate this file and make a complete report to the Council after he has checked with Tape l-A the insurance carrier, being seconded by Councilwoman Webber. Upon roll call 13 min. vote said motion CARRIED. 5-0 The City Clerk read a letter from Mr. John Gross, Sr. rescinding his resignation from the Merit Board. Councilman Cairnie made a motion that his request to rescind his resignation be granted, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. 5-0 MISCELLANEOUS: At this time the floor was open for public participation in regard to items that they would like placed on the agenda for the next meeting, or questions they would like to ask the Council. Mr. Frank Opal was given the floor, and he asked the Chief of Police is there were two of the City Councilmembers in his office about 2:30 P.M. on Friday, April 30, attending a meeting with him. Chief Baugh answered that they were not having a meeting. Mr. Opal asked Councilwoman Webber and Councilman Dietz the same question. They both answered that they were in the Chief's office but there was no meeting. RESOLUTIONS: A RESOLUTION EMPLOYING DAVID D. KUYK AS LEAD OPERATOR IN THE WATER DEPARTMENT, CITY OF EDGEWATER, SETTING SALARY, PROVIDING FOR A THREE MONTHS PROBATIONARY PERIOD, PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Woods read this Resolution in full. Mayor Armstrong asked the City Clerk if Mr. Kuyk submitted the necessary Class C certificate? The City Clerk answered that she has not seen him, he said that the paperwork has left the office in Tallahassee to be signed. Councilman Dietz made a motion that we table this Resolution until we get con- firmation of his Class C Operators permit from the State of Florida, being Tape l-B seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. 5-0 A RESOLUTION APPOINTING LEWIS LUPINEK AND OWEN KENNETH MILLARD TO THE BOARD OF ADJUSTMENTS, SETTING FORTH THEIR TERMS AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Woods read this Resolution in full, leaving the blanks in the necessary spaces, explaining to the Council that they first have to make a motion to fill in the blanks, then another motion will be in order to act on the Resolution in full. -2- o ~ Councilman Sikes made a motion that Mr. Lupinek fill the unexpired term of Mr. ~enton, and Mr. Millard fill the unexpired term of Mrs. Woodard, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. 5-0 The names were filled in the appropriate blanks. Councilman Dietz made a motion that we adopt this Resolution, being seconded Tape l-B by Councilwoman Webber. Upon roll call vote said motion CARRIED. 5-0 3 min. (Res. No. 654) 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 EF- FECTIVE DATE THEREFORE. Attorney Woods read this Ordinance in full. Councilwoman Webber made a motion to adopt this Ordinance, being seconded by Councilman Dietz. At this time questions from the audience were asked as to whether we had an attorney's opinion as to whether this is legal without a referendum. Councilman Dietz explained that we had two attorney's opinions, both of them stating that this could be done by Ordinance without a referendum. Mayor Armstrong stated that he is not going argue about this. Upon roll call vote said motion CARRIED. 3-2, Councilman Cairnie and Mayor 11 min. Armstrong voting NO. At this time Mayor Armstrong stated that we will have to go back to the Resolu- tions because one was missed. RES. A RESOLUTION APPOINTING STEPHAN A. KELLEY TO THE MERIT BOARD OF THE CITY OF EDGEWATER, FLORIDA, TO REPRESENT THE EMPLOYEES OF THE CITY OF EDGEWATER ON THE MERIT BOARD, AND PROVIDING AN EFFECTIVE DATE THEREFORE. Attorney Woods read this Resolution in full. There was some question as to whether there is a conflict of interest in this matter since Mr. Kelley is on the Police Department and they are represented by the P.B.A. Attorney Woods stated that if this employee was elected by the City employees as their representative, and you are going to have a case of discrimination if you do not allow him to be their representative. He suggested that if there are reservations, perhaps this could be tabled and looked into. Councilman Dietz made a motion that we table this and give our attorney time to check up on it, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. 3-2 Councilwoman Webber and Councilman Sikes voting NO. OLD BUSINESS: At this time a man spoke to the Council about the drainage in Florida Shores, and the mosquito problem they are having. Mayor Armstrong spoke on this explaining what is being done." -3- . . . o (,J At this time the Council spoke with Rick Fernandez about the garbage bid Tape 2-A specifications, aSking him several questions, and recommending certain changes to be made to the specifications before they go out for bids. There were several questions from the audience about the landfill and why we can not continue to use it. Mr. Fernandez answered the questions, with the help of the City Council and the Mayor. The attorney stated that the specifications are legally sufficient. There was conversation as to how long the bids should be out. Rick suggested 45 days, since there was some controversy the last time when we only went out Tape 2-B for 30 days. It was explained to the audience that the Council is going to see how expensive it will be to go out of the garbage business, and decide whether we can afford the expense of fixing up the landfill area. Mayor Armstrong suggested that we have a special meeting on Thursday, June 10, 1976 to open the bids, and then discuss them at the next Monday meeting. 1 min. Councilman Dietz made a motion that the Council instruct the engineer to go ahead and process this for this and advertise for bids and have "Che bids be back here for opening at a special meeting on June 10, 1976 at 4:30 P.M., being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. 5-0 Councilman Dietz stated that he has discussed both of the men who applied for the Wastewater Class C opening, and he has checked their backgrounds with Mr. Fernandez, and they both feel that Mr. Pettit is more qualified for the job. After discussion, Councilman Dietz made a motion that the City Council in- struct the attorney to draw up a Resolution hiring David R. Pettit as Lead Class C Operator in the Sewer Plant, commencing the 24th of May, 1976 at a salary of $175.00 a week for a three month probationary period at that time he will be raised to $185.00 a week, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. 5-0 19 min. Mayor Armstrong stated that the next item is the request from the Fire Depart- ment in regard to funds for fireworks. There was discussion with the City Clerk about the budget, and the appropriated funds for this. Councilman Cairnie made a motion to give them $500.00 for the fireworks. After discussion, Councilman Cairnie withdrew his motion. Tape 3-A Councilman Sikes explained that when the last Council prepared this budget they were asked for more money than we had appropriated, and the Fire Depart- ment has made their plans accordingly, and $1,000.00 was appropriated for the Fourth of July celebration, and he made a motion that we authorize the expen- diture of $1,000.00 for the fireworks, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. 5-0 There was discussion about theparking problem during this celebration and whether some type of action could be taken. The City Clerk ead a letter from Bruce Briggs, Executive Director of VCOG, stating that they need the appointment of one member of our Planning Board members to the Intergovernmental Advisory Committee. There was confusion as to whether the Council has already appointed someone to this committee. The City Clerk read the letter in full. At this time there was quite a bit of confusion in regard to this appointment, and to the appointment of Mr. Yackel to the Technical Advisory Committee of the Water Quality and Management Program Section 208. Councilman Dietz made a motion to instruct the attorney to call Mr. Jourdan and confirm and see if anything different has to be done, see if this appoint- ment is legal in accordance to what their wishes are, being seconded by Council- woman Webber. Upon roll call vote said motion CARRIED. 4-1 Mayor Armstrong voting NO. -4- > / ( . '. (j o The discussion went back to the letter read by the City Clerk; appointing some- one to the Intergovernmental Advisory Committee. The Council discussed Mr. David Mc Callister. Councilman Dietz made a motion that we have the City Clerk contact Mr. Mc Callister Tape 3-A and tell him our intentions and we will write a letter to Mr. Briggs informing him 12 min. that Mr. Mc Callister will be our representative, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. 5-0 The Council began discussing appointments to the Merit Board. Councilman Dietz suggested Mr. Harvey Burgess. Councilwoman Webber suggested Mr. Merle Johnston, and Mr. Tom Loveland. Mayor Armstrong suggested that the City Clerk call Mr. Loveland and ask him if he would serve on the board, and that the nominations be closed if he accepts, and that Burgess, Johnston and Loveland be appointed by Resolution at the next meeting. Councilman Dietz made a motion to that effect, being seconded by Councilwoman 14 min. Webber. Upon roll call vote said motion CARRIED. 5-0 NEW BUSINESS: Mayor Armstrong stated that we need a motion to set a Public Hearing on General Revenue Sharing. Councilman Cairnie made a motion to have this Public Hearing on Monday May 24, 1976, at 7:00 P.M., being seconded by Councilman Dietz. Upon roll call vote 19 min. said motion CARRIED. 5-0 Mayor Armstrong stated that the next item is Special fuel refund, Department of Revenue. He stated that we have claimed more exemption on our rebate than we were entitle to and the records were audited and we came up with a refund business. The City Clerk spoke to the Council on this explaining what the auditors found. Councilman Cairnie made a motion to pay the refund of $833.40, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. 5-0 Tape 3B MISCELLANEOUS: Mayor Armstrong read the Building Officia1's report to the Council. In this report the Building Official asked for the Counci1's advice in regard to one particular item. This was discussed among the Council. Mr. Opal spoke to the Council about this, stating that this is a simple case of harrassmertt. Chief Baugh explained that the adjacent property owner, Mrs. Bates, came in to see him. She wants to put up a fence on her property line and Mr. Opa1's building is approximately four (4) feet on her property and she would like it moved. He did check this out, and he sent the Building Official out also to check it out. Councilman Dietz made a motion that we instruct the City Building Official to go back and check this again and if the building has been moved then it is all right, however if it has not been moved then the necessary changes should be made, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. 4-1 Mayor Armstrong voting NO. -5- " . .0 ~ The City Clerk announced that Councilman Cairnie and Mr. Shell have been working very hard, and today they finished building shelves in the vault in City Hall. Mayor Armstrong stated that both of these men should get a vote of thanks from the Council. Councilwoman Webber stated that she went down to the fire the other night and the men were really working hard. She suggested that we send a letter of thanks to Turnbull, Oak Hill, Edgewater Fire Departments and to Mr. Christy. Councilwoman Webber made a motion that letters be sent to these people, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. 5-0 Councilman Dietz stated that he was served with a Civil Action Suit which was brought against the City of Edgewater by Mr. David Ledbetter and Frank Opal. He made a motion that this be turned over to our City Attorney, that the City be defended in this case, and give him permission to hire any legal advisors that he needs to so defend the City in this case, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. 4-1 Mayor Armstrong voting NO. Councilman Dietz stated that he has to be out of town on Tuesday, and he asked the Mayor to please take care of the Water and Sewer Department for him in case anything comes up. M~yor Armstrong stated that if they bring any problems to him he will do his best. Councilwoman Webber brought up the fact that Donna Smith is working as Dispatcher, Traffic Violation Clerk, and Court Clerk and she is still being paid the minimum wage, she will be here one year in August. She suggested that Mrs. Smith be stepped up to Dispatcher II, Step B. Councilwoman Webber made a motion that we promote Mrs. Smith to Dispatcher II, Step B, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. 3-2 Councilman Cairnie and Mayor Armstrong voting NO. SUGGESTED ITEMS FOR NEXT AGENDA: The City Clerk listed the following items which should be placed on the agenda for next week's meeting: Second reading on Ordinance Nos. 953, and 955, work on General Fund Budget, open letters from banks ANNOUNCEMENT: Special Council Meeting - Wednesday, May 5, 1976 at 10:00 A.M. in the Mayor's office. Mayor Armstrong explained to the audience why this meeting was called and what was going to be discussed. ADJOURNMENT: Councilman Cairnie made a motion to adjourn, being seconded by Counciiman Dietz. Said motion CARRIED. 5-0 MINUTES TAKEN BY: Sue Bl ackwell Debbie Sigler AV1ST: ,b)~--'~i~~~/ .~i.lL, ~LdL V (., ~ City Clerk Counci oman GI. . J/Jt/J! It ~ Approved this ~day of, _______ Councilma~ d May, A.D. 1976. ~ 'd'-'2 _CC/L---"" JC~,...~.....x C:;-:74'~~.d:...---<.. Counci ---r- ~r ./ , Ilbsel7f -6- Councilman ........',. .,... v GENERAL FUND City of Edgewater WW & SS Southern Bell New Smyrna Beach News News-Journal Corporation Williams Welding Standard Oil Co. Smyrna Auto Parts New Smyrna Chrysler-Plymouth New Smyrna Builders Supply Edgewater Red & White Scotty I s Hughes Supply Fla. Civil Defense Association R.E. Morris St. of Fla.,Dept. of Commerce Judson I. Woods,Jr. County of Volusia WATER AND SEWER City of Edgewater WW & SS Southern Bell Southeast Bank of New Smyrna Nolco Chemical's Inc. Gasoline Alley Service Center A-l Rent All Hughes Supply Ecodyne Allied Chlorine & Chemical CJ BILLS AND ACCOUNTS MAY 3, 1976 Street, Ball pk. City Hall, P.O., Fire City Boards Legal Ad Street Street, P.O. Landfill, p.O., Street & Garb. P.O. Ballpk, Shuflbrd. City Hall, Shuflbrd. Park & Pier City Hall C.D. Street, P.O. Unemployment City Attorney 8.80 213.74 4.80 9.10 6.00 1,739.58 96.86 56.73 318.12 16.61 12.36 2.75 15.00 36.99 4,938.67 87.50 5,247.50 12,811.11 Sewer Sewer Water and Sewer Sewer Water Water Water Sewer Water and Sewer 5.50 19.83 3.95 156.75 4.00 20.00 59.28 200.32 356.00 825.63