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04-26-1976 - Regular ~- .,. (.) o Tape l-A CITY COUNCIL, CITY OF EDGEWATER, FLORIDA REGULAR MEETING HELD APRIL 26, 1976 Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater, to order Monday, April 26, 1976 at 7:30 P.M. ROLL CALL: All 11('", ~ rc , ':t ;1"" /i{","},1 ,d.!:)t~~:..; i'l"D" , ..1!ij .kfl '~f"-J I:i 11 .. '.' 'iu;;71~ Q if t '. 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 - came in late Present Present Present Present Present Present INVOCATION: SALUTE TO FLAG: APPROVAL OF MINUTES: Councilman Sikes made a motion to approve the minutes of the regular meeting April 12, 1976. Upon roll call vote said motion CARRIED. Councilman Cairnie commented that the Council does not have enough time to look over the minutes before acting upon them. He also stated that since we are meeting every Monday night, he thinks that we should adjourn at 9:30 P.M. and there wouldn't be so much on the tapes, and any business not completed should be put on the agenda for the next meeting. A gentlemen's agreement was made that it the minutes are not finished by Friday, they will not be put on the agenda. BILLS AND ACCOUNTS: The City Clerk read the list of bills and accounts. There was a question about the insurance bills, and what type of coverage is on the vehicles owned by the City. It was agreed that the liability is the most important coverage, and some of the collision is not necessary. Councilman Dietz made a motion to pay the bills, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. 5-0 COMMUNICATIONS: Certification of Posting The City Clerk read a letter from Mr. Cecil P. Beach, State Librarian, stating that our application for contruction funds for the Edgewater Library be funded in the amount of $13,000. A contract will be forwarded to the City at a future date. o o No action necessary on this communication. The City Clerk read a letter from May, Zima & Company in regard to a seminar Tape l-B which is going to be held May 27, 1976. Councilman Sikes suggested that this be read to us again on the Monday night prior to the seminar. Discussion went back to the letter about the library. Councilman Dietz suggested that we get together and readjust the budget so that we know where we stand. The City Clerk could prepare a tentative budget for us ahead of time. It was agreed that we should have a budget meeting soon and go over this. The City Clerk read a letter from Mr. George W. Negedly in regard to his application for an occupational license. Mr. Negedly explained to the Council that he is not going to run the business out of his house, there will be no signs there or anything; his truck and all of the equipment used will be put in the garage. This was discussed among the Council members and the Mayor. Councilman Sikes made a motion to grant the license, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. 5-0 The City Clerk read a letter from Mr. Thomas H. King, Director, Safety Programs of the American National Red Cross, in regard to the Edgewater Volunteer Em- ergency Rescue program. Mr. King was given the floor, he read a letter from Mr. Edward L. Wilson, Jr., Licensure Coordinator, Emergency Medical Services Section, Health & Rehabili- tative Services in regard to the qualifications and requirements of a rescue service. Mayor Armstrong stated that he highly recommends to the Council that we put this on the referendum for the October primary and make it a part of the City Charter. Councilwoman Webber made a motion that we instruct the attorney to draw up an Ordinance to accept the rescue unit into the City, that the attorney look into the insurance and see that they are adequately covered, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED 3-2, Councilman Cairnie and Mayor Armstrong voting NO. The City Clerk read a letter from the Board of Governors in regard to relocating the Civil Defense office. Mr. Christy stated that he received-a letter from the Board of Governors asking him to meet with them about this on May 6, 1976. There was some discussion about this. Councilman Dietz made a motion to table this until after the meeting that Mr. Christy has with them on May 6th, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED 5-0. RESOLUTIONS: None ORDINANCES: None -2- o o OLD BUSINESS: The City Clerk read a letter from Mrs. Sedgwick of the Water Department in regard to the Kemp's tap in refund request. Councilman Dietz made a motion that we deny the refund, being seconded by Council- woman Webber. Mayor Armstrong spoke on this, questioning whether the people should be charged for something that is the City's fault for not collecting a long time ago. It was the City's fault because they did not put up a lien against the property for the $174.25. He stated that he feels that they should pay the $150.00, the $150.00 and two connection fees on the new house they built in front of the old house and that they should pay the $174.25 delinquent on the property, then there should be a waiver because the impact fee was not in effect at that time. Councilman Dietz stated that he does not feel that we could collect the $174.25 because we did not process a lien towards the property, and it is not these people's responsibility to pay someone1s debt that we do not have proper claim to, but we do have the right to collect the impact fee for a new collection to the water system. Attorney Woods stated that the City should not charge these people for a de- linquent bill of someone's which the City has not collected after all of these years.however he feels that they are due to pay the impact fee. There was discussion about impact fees being legal or illegal. Upon roll call vote said motion CARRIED 4-1, Mayor Armstrong voting NO. The City Clerk explained that Mr. Robert Jourdan, VCOG, has asked for two members of the general public to participate on a Section 208 Citizens Advisory Committee. Mayor Armstrong explained this committee as very important; they will determine which area is going to rate highest in priority. The Council discussed various people who would be willing to serve on this committee. Councilman Dietz made a motion that we appoint Jacob Lodico and Earl Wallace to this Section 208 Citizens Advisroy Committee, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED 5-0. At this time the Mayor and Council interviewed the applicants for the Class C Operator positions. Mr. David R. Pettit, Mr. Joyce, and Mr. Kuyk. They each answered numerous questions individually. Mr. Pettit and Mr. Joyce applied for the position in the Sewer Department, and Mr. Kuyk applied for the position in the Water Department. Tape 2-B 12 min. Councilman Dietz made a motion that we instruct our attorney to draw up a Resolution appointing David Kuyk to the Lead Operator in the Water Plant at a salary commencing at $160.00 per week for a three month probation period at such time he would be raised to a wage of $185.00 per week, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. Mayor Armstrong stated that the next item is something about Pat Wilson. Attorney Woods reported that based on the facts that he was given, Mr. Wilson employment was terminable at will under the Florida law. He read from a previous case of law with the same circumstances, which rules if you have a contract of employment where there is no understanding for a definite period then the em- ployer can fire him at his will. Councilman Dietz explained that what he understands we have two choices, we can either reinstate Mr. Wilson with back wages and $100 for moving expenses, or we can go to Court and take our chances. He added that he is not for re- instating Mr. Wilson. -3- Q o After discussion in regard to this, Attorney Woods suggested that we let them take the initiative on this matter and act accordingly. Councilman Cairnie made a motion that we take our attorney's advice, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. MISCELLANEOUS: The City Clerk stated that she did not have time to put this on the agenda, Mr. Woods has been in touch with the Bond Council in Jacksonville and they also want a certified copy of all the proceedings in the bond validation. Attorney Woods asked for the Council IS permission to get an additional copy. Councilman Dietz made a motion to authorize the attorney to get the trans- cripts, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. Mr. Taylor askedthe Council what they feel about Orange City moving the New Business to the beginning of the agenda rather than the end. It was because the public complained about having to sit all evening to bring up new items to the Council. There was discussion about this, and it was decided that the Council could think about it. Councilman Oairnie suggested that the first twenty minutes of the agenda could be open to the public to get items placed on the agenda for the next meeting and that would be the end of it. Councilman Sikes stated that the engineers and the auditors, whom we pay an hourly wage, could be placed up on the agenda and get them over with. Councilman Cairnie made amotion that the first twenty minutes of our meetings be turned over to the citizens to request an item be placed on the agenda for the next Council meeting. Mayor Armstrong explained that our order of business is set up by Ordinance and to rescind this it will cost about $75.00, yet we have the right to change our agenda without an Ordinance, but to establish it as a permanent thing it will cost. He suggested that we try opening the floor to the public after Communications and see if it works. Councilman Dietz suggested that we try this several ways if necessary and see what works out best before we make a permanent thing. Councilman Cairnie withdrew his motion, and made a motion to adjourn. At this time there was much discussion about whether the meetings should be adjourned at 9:30 or 10:00 each meeting night. There was discussion about the sound system in the Community Center. Councilman Dietz reminded the Council that the Board of Adjustment appointments have been delayed several months, and something should be done. The Council discussed a couple of men who had stated that they would be interested in serving on a board. Councilwoman Webber made a motion to appoint Mr. Lewis Lupinek and Ken Mallard to the Board of Adjustments, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. Councilman Dietz brought up the subject of the Merit Board, and if the present members are going to cooperate, or are we going to make appointments? -4- o Q The Council members questioned the former Merit Board members who were in the audience. Mr. Garthwaite stated that he did not want to be reappointed and neither did Mr. Thomas. Mr. John Gross stated that he would be interested in serving again, as long as the Council will go along with the Merit Board. There was discussion about previous requests from the Merit Board which had been tabled. Councilman Dietz suggested that the City Clerk should notify the City employees that a member should be elected to represent the City on the Merit Board. Mayor Armstrong spoke to the Council about some of the streets in Edgewater which badly need repair and paving. He explained that he got a figure (not a bid) from a company, which would clean the streets completely, broom sweep them and seal them with two coats of 707 sealer. They would do no patch work, but the sealing of an 18 foot wide street would be done at 50~ a foot. He sug- gested that we get one street done and see how we like it. Councilman Dietz made a motion that we grant the Mayor permission to go ahead and try a street and see how it works out, being seconded by Councilwoman Webber. Tape 3-B There was more discussion about the County's paving program, and the patchwork which is needed on various streets in the City. Upon roll call vote said motion CARRIED, 5-0. Councilman Dietz stated that he spoke with Rick about the aireator system at the well sites. He said that this could be done just at $100,000.00. This could be placed on the agenda to discuss. Mayor Armstrong spoke to the Council explaining the system. Councilwoman Webber stated that the representative from the P.B.A. in Orlando will be able to meet with us on May 6th at 10:00 A.M. Tom Duane spoke to the Council, also requesting that the City employees or City functions be put higher up on the agenda rather than making them wait until miscellaneous every time. He also spoke to the Council about the fireworks fund request which has previously been made by the Fire Department. He stated that he would like an answer one way or the other so that the Fire Department can act accordingly. The Council looked over the budget figures. It was agreed that this will have to remain tabled until the Council gets a look at the six months' budget report. Councilwoman Webber brought up the subject of people having to pay the Sewer charge for filling up their swimming pools after the first time. Mayor Armstrong explained that this is a law. ADJOURNMENT: Councilman Cairnie made a motion to adjourn, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler -5- Meeting held April 26, l~ ATTEST: ~M/~ C'ity Clerk . Approved thi s ,3dday of May, A. D. 1976. Q ii'~~ 7' L~?:>,- /e-~ c~man? WJ4/ r ~ ~' k~~~~U!;;;~ ay r -6- o GENERAL FUND Engels Ryta F. Webber Dana T. Armstrong J . E. Tumb 1 in Bobbi Montesano Carmen Montesano Dwights Pantry Pride Burns Janitor Service Industrial Office Outfitters Scottys Ropp's Automotive Electric Smokey's Automotive Service Southern Paint Freeway Motors, Inc. Gasoline Alley Service Florida Fire and Safety Supply E1ectro1ux WATER AND SEWER Electrical Construction New Smyrna Commercial Printing Hughes Supply Inc. Badger Meter, Inc. Russell Laboratories, Inc. (,,) BILLS AND ACCOUNTS APRIL 26, 1976 P.O. Mil eage Mileage Insurance Witness fee Witness fee P.O. Com. Ctr. City Hall P.O. Street P.O. Garb. City Hall, Street P.O. P.O. Fire Dept. City Hall 19.95 10.40 19.88 504.00 5.00 5.00 4.71 37.27 27.40 10.06 13.96 42.00 36.00 11.19 16.02 35.00 12.50 43.45 853.79 Sewer Water and Sewer Water Water Water 1. 74 67.50 73.68 17.41 90.00 250.33