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04-19-1976 - Regular ~ .- o o CITY COUNCIL, CITY OF EDGEWATER, FLORIDA REGULAR MEETING HELD APRIL 19, 1976 Tape l-A Mayor Dana T. Armstrong called the regular meeting of the City Council of the City of Edgewater, Florida to order, Monday, April 19, 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 Asst. City Attorney Jim Davis City Clerk Sue Blackwell Police Chief Earl D. Baugh Present Present Present Present Present Present - came in late Present Present dtf'D'~ .~'~&.\\' t\ \i\.~ \,1 t\\~H~"J) ,~ . ,t\UU~ INVOCATION: SALUTE TO FLAG: APPROVAL OF MINUTES: Councilman Dietz made a motion that we approve the minutes of the April 8, 1976 meeting, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. BILLS AND ACCOUNTS: The City Clerk read the bills and accounts for the General Fund. 5 min. Councilman Cairnie questioned the bill from Ropp's Automotive. The Clerk ex- plained that this was for a 36 month battery for the Street Department another battery, repair a starter for the Street Department, repair to the electrical system for the Police Department. The 'clerk answered various questions in regard to the bills, then she continued with the Water and Sewer bills. Councilman Cairnie made a motion to pay the bills, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. COMMUNICATIONS: Certification of Posting Clerkls Cash Statement 10 min. The Clerk answered various questions in regard to this report. Mayor Armstrong stated that he would like to bring to the Council IS attention the anticipated revenue versus that which we budgetted. It indicates that we are not going to get what we anticipated, we should watch this very carefully. The final outcome of this is not going to be good news. o o Councilwoman Webber stated that in regard to the fines and forfeitures, when the people pay their fines in court, if there is a policeman there he is paid for the time that he spends there, and this is charged to the Police Department yet that goes into the General Fund and is never reimbursed to the policeman or the department. Mayor Armstrong stated that all revenue goes in the General Government. He went into other items in the budget, explaining that we are going to be in real trouble. Councilman Sikes stated that we must remember that we will receive the Franchise Rebate. 20 min. Mayor Armstrong stated that this will be a big help to the City. He feels that we should watch this closely. General Fund Budget Operation and Maintenance report There was some conversation in regard to a bill recently paid to Briley, Wild in regard to work done on Florida Shores research. The City Clerk read a notice from the Vo1usia County Charter Review Commission of a public hearing on April 21,1976 at 7:30 P.M. in Deland. Mayor Armstrong stated that we were suppose to write a letter stating our opinion or send a representative to this hearing. He added that he feels they have already made up their minds what they are going to do. Councilman Dietz said that the Council at one time went on record against this. Mayor Armstrong spoke to the Council about this, stating that he has been put off two or three times by the County. Councilman Sikes stated that we really should have a representative from the City. Tape 1-B There was more conversation about not being satisfied with the cooperation from 10 min. the County, and who would like to represent the City by attending this meeting. After much discussion, Mayor Armstrong volunteered to go. The City Clerk read a letter from Rick Fernandez in regard to water extensions and the use of PVC. 25 min. Mayor Armstrong stated that this is a matter of information for our records which he requested. The City Clerk read another letter from Briley, Wild in regard to the FHA loan, listing items which are missing in regard to the application. Each item was gone over individually. Councilman Dietz made a motion to instruct the City Clerk to go ahead and get the certified copy of the entire bond validation proceedings, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. There was various discussion with the attorney in regard to the items in this letter. The attorney requested time to look over the file since he has never seen it before . Councilman Dietz made a motion that we table this until later on in the meeting, since there is going to be a lot of local research that is going to have to be done. Mayor Armstrong suggested that we should refer this to the attorney and the City clerk to fulfill the requirements we have to meet. Attorney Davis stated that you could direct the work to be done by the City Attorney, and whomever that may be will be responsible for the work. There was discussion about the abstract on the property. In regard to the required permits, the City Clerk was instructed to contact Mr. Fernandez and get this straightened out. -2- o o 20 min. Mayor Armstrong spoke to the Council in regard to the interim financing. Councilman Dietz asked the attorney since we have bond validations for $700,000 and we are only going to use the money as we incur the bills, why cant we go ahead and make the initial request for the entire $700,000 and only use that portion. He suggested that we leave a cap on the loan, but only use the portions as we need them. Councilman Sikes stated that his understanding is that although the bonds have been validated, these bonds willnot be issued until the work is com- pleted or up to the point that we know what is involved. The letter which is to be sent to the banks in regard to this interim financing was discussed. Tape 2-B Councilman Dietz stated that we should go for the cap of $700,000, whether we use all of it or not, because what is going to happen if we run over the $430,000? Councilman Sikes stated that he feels we should confer with Mr. Fernandez first to see what amount he feels will cover us. 5 min. It was agreed that the amount to be asked for is $550,000. The City Clerk read a letter from Dwight W. Severs, attorney for Raymond E. and Jewel Kemp in regard to a refund of the tap on fee which was charged to them. There was conversation about this, and some confusion as to what house exactly was being talked about. The situation was explained to the attorney as the Council understood it. Councilman Sikes made a motion that we table this until the next meeting, and that we check into the amount of money due at the time the City took this meter up, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. The City Clerk read a letter from the Department of Environmental Regulation in regard to the City's application to operate our Class C Level III wastewater facility. The results of a review of our operation data were explained in this letter also. Councilman Dietz stated that he spoke with Rick about this and he informed that there are two things in this letter which should be taken care of immediately. One being the Class C operators which we are required to have. Also we have to draw up a Resolution authorizing Briley, Wild to carryon with these reports and the testing, because reports signed by Mr. Ohrwall will no longer be accepted. Councilman Cairnie questioned why Briley Wild has not been coming down and checking these things out since they are our engineers? Councilman Dietz explained that before when they were on the Council ~ the con- tract with Briley~ Wild ran out and it was not renewed because of the fees. They were hired back only as consulting engineers, they are not operating engineers. 25 min. Councilman Dietz made a motion that the Council authorize Briley, Wild to act as our operating engineers in the Sewer Plant until the time that we hire a Class C operator which will meet the approval of E.P.A. or D.E.R. ~ until then Briley, Wild can take the tests and submit them for us~ Mayor Armstrong explained that we are in the process of hiring a Class C operator. Councilman Dietz stated that we can not hire a man, get him to work~ and get him approved by this department in thirty days. Councilman Dietz repeated his motion~ being seconded by Councilwoman Webber. Mayor Armstrong stated that it is an impossibility to get an operating permit when the Plant is under construction. -3- o 0 Upon roll call vote on the motion, said motion CARRIED. Councilman Cairnie voting NO. The City Clerk read a letter from Volusia Council of Governments in regard to asking for a representative of the City to serve on the technical advisory committee for the Volusia County Areawide Water Quality Management Planning program. Councilman Dietz suggested that Mr. Edward Yackel, one of the gentlemen who we appointed to the Planning Board, be appointed to serve on this committee. At this time there was some confusion as to which letter from VCOG the mem- bers of the Council were discussing. I Mayor Armstrong stated that the City Council needs to appoint one representa- tive to the Advisory Committee of the VCOG and two representatives to the Citizens Advisory Committee to fulfill our obligations to VCOG. Councilman Dietz madg'a motion that we appoint Mr. Edward Yackel to repre- sent the City of Edgewater on the Technical Advisory Committee for the Volusia County Areawide Quality Management Planning (Section 208) Program, being seconded by Councilman Sikes. Councilman Sikes asked Mayor Armstrong if he could serve on this committee? Mayor Armstrong stated that he could not, nor does he think a Council member should. Upon roll call vote said motion CARRIED. The City Clerk was instructed to write Mr. Yackel informing him of the action taken. Mayor Armstrong asked for two appointments to the Citizens Advisory Committee. Councilwoman Webber suggested that we talk with the new members of the Planning Board and see if any of them are interested. Councilman Sikes made a motion that we table this until our next meeting in order to have time to contact some of the members of the Planning Board, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. The City Clerk read a letter from J. Robert Hunter, Acting Federal Insurance Administration, Department of Housing and Urban Development. in regard to a study underway by them, and the cooperation that they are requesting. No action necessary on this communication. The City Clerk read a letter from William E. Keller, County Councilman in regard to the paving arrangement in the City of Edgewater. Mayor Armstrong also brought the Council up to date on the conversation he had Tape 3-B with Mr. Keller in regard to the paving in Edgewater. RESOLUTIONS: RES. NO. 652 A RESOLUTION APPOINTING CERTAIN PERSONS TO THE PLANNING BOARD FOR THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL CONFLICTING RESOLUTIONS, AND PROVIDING FOR AN EFFECTIVE DATE THEREOF. Attorney Davis read this Resolution in full. Councilman Cairnie made a motion to adopt the Resolution, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Mayor Armstrong voting NO. -4- o o RES. NO. 653 A RESOLUTION ACCEPTING THE RESIGNATION AND TERMINATION OF CONTRACT OF JOE WEAVER AS CITY ATTORNEY, APPOINTING AS CITY ATTORNEY, JUDSON I. WOODS, JR. ESQ., SETTING HIS TERM, SALARY, DUTIES, RESPONSIBILITIES, REPEALING ALL CONFLICTING RESOLUTIONS, PROVIDING FOR AN EFFECTIVE DATE THEREFOR. Attorney Davis read the Resolution in full. Councilman Sikes made a motion to adopt the Resolution, being seconded by Councilman Dietz. Mr. Taylor was given the floor, and he brought up the question as to whether proper notice was givento the public in regard to the City of Edgewater ap- pointing a City Attorney tonight. Councilman Dietz commented that we had a legal opinion and we are not required to advertise any part of the agenda for a meeting. Councilman Dairnie stated that the Grand Jury asked about the methods of notifying the public of the agenda on meetings. Mayor Armstrong read from the Grand Jury order in regard to this, and he added that we agreed when we went to every Monday night meetings that any controversial issue we would put in on the agenda for the next Monday night's meeting. Councilman Dietz stated that this is what we did, it was brought up at the last meeting and put on the agenda for tonight to decide on, and the way the meetings were before when we had our meetings on Monday and Thursday, we would have discussed it on Monday night and put on the agenda for Thursday night, this way they had a whole week. Attorney Davis spoke on this matter stating that he does not think that the law requires that the agenda be printed, however if the Grand Jury order states that you should have a better procedure of notifying the public, the Council should consider it. An Ordinance could be drafted setting up a pro- cedure which would be agreeable with the general public. He stated that he thinks that the Resolution is appropriate for consideration, however it is a matter of policy determination by the Council if they feel that the public was not properly notified. Councilman Dietz called for the question. At this time Councilman Cairnie stated that he feels it would be a good idea to set up the first part of our meetings for the public to set items on the agenda for the next meeting. There was more conversation and confusion about whether we are hiring a man where there is no vacancy. Councilman Dietz called for the vote. Upon roll call vote said motion CARRIED. Councilman Cairnie and Mayor Armstrong voting NO. Tape 4 There was more discussion again about notifying the public of the agenda items on the agenda. Mayor Armstrong stated that he thinks we should find out from the States Attorney what they want us to do to comply, and do it. -5- o u ORDINANCES: 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 Davis read this Ordinance in full. (first reading) Councilwoman Webber made a motion to adopt this Ordinance, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. OLD BUSINESS: Councilman Cairnie stated that while we are signing the Ordinance he would like to bring the Council up to date about the boat ramps and the Park and Pier area. He said that the dock needs repairs and so do the benches. It was agreed that the work needs to be done, it should be done. Chief Baugh was given the floor, he reported that he looked into the four channel radio, and we can purchase it for $575.00 and the man will hold it for him. Councilman Dietz made amotion that we instruct the City Clerk to draw up a purchase order to buy the radio, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. Mayor Armstrong voting NO. Councilman Dietz was given the floor and discussion began in regard to the Class C Operators. He stated that it is Rick Fernandez's recommendation that we hire a Class C Operator for the Sewer Department; a'Class C. Operator for the Water Department and a second Class C Operator, which we can hire at a lesser figure also for the Sewer Department. He explained that Rick was very impressed with Mr.Kuyk, and highly recommends him. There was discussion about the salaries, and what it will cost the City to hire the three operators, and what would happen to the operators who are working presently. Councilwoman Webber made a motion that we table this until we get a chance to speak with the men, possibly at the next meeting, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. The City Clerk read a letter from Dr. James C. Carver in regard to the Edgewater Volunteer Emergency Rescue service, commending the unit. She also read a letter from Dr. E. A. Christensen commending the Edgewater Volunteer Emergency Rescue squad. Councilwoman Webber was given the floor and she spoke to the Council in regard to her investigation, she said that she was very impressed with what these people are doing, however she feels that anyone involved should hold licenses, and the squad should consist only of EMTs. Mr. Tom King from the American Red Cross was introduced to the Council and he spoke to the Council in regard to this program, explaining in detail the requirements and qualifications for being part of this squad. He explained that even the State does not require that all members of a rescue squad be all EMT's. Mrs. Bevel spoke to the Council, explaining the training that she has received, and trying to point out the difference in the requirements of First Aid, Advance First Aid, and EMT training. -6- o o Mayor Armstrong stated that we have discussed this at the last few meetings he stated that he is going to commit himself to the voluntary group as he did before, if they would like this put on a referendum and make a Charter pro- vision out of it he will help them sell it. Councilman Sikes made a motion that we authorize our attorney to prepare an Ordinance to make this organization, the Edgewater Volunteer Emergency Rescue as part of our City at no cost to the City and the expense involved will be considered at our next budget meeting, and that this will take effect im- mediately upon them supplying us with the proper insurance coverage, being seconded by Councilman Dietz. Councilman Sikes read further from the letter in regard to Beacon Ambulance personnel. Upon roll call vote said motion DIED. Councilwoman Webber, Councilman Cairnie, and Mayor Armstrong voting NO. Councilman Cairnie stated that he feels that it would be proper that any busi- ness that we don't get to tonight can be tabled until the next meeting, it is getting late, and he made a motion to adjourn. Mayor Armstrong stated that we should finish the Corbett Smith matter, since the attorney was asked to speak on that tonight. Attorney Davis spoke to the Council in regard to the Court appearance on this matter. He explained that the City is presently under direction by the Court to issue an occupational license or to appear before the Court on April 30th to show cause why the license has not been issued. His recommendation is that the City go ahead and issue the license and the City pursue whatever remedies to resolve any problems in regard to violations of zoning regulations that Mr. Smith may have committed. Councilman Dietz asked about the address that is going to be put on the license. If we issue a license to Mr. Smith and he puts the address on it we are issuing him a license to perform that business at that address. Mayor Armstrong suggested that we ask the Court to set aside the verdict on the grounds that we were not represented and that we had expended some $400.00 in attorney's fees, then if they will not we can prosecute for violation of the Ordinance. Attorney Davis stated that we could certainly do this. Councilman Dietz stated that he would feel a lot safer doing it this way. Tape 5 Side A Councilman Sikes made a motion that we direct our attorney to enter the request for the Court to set aside the verdict, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. The Council at this time discussed the request from Mr. George Negedly for a license to do business at his home. Mayor Armstrong said the reason the Council has the license request is that he does not have a business address. There were several questions about the truck and whether it will be under cover or used in his front yard. Councilman Cairnie made a motion that we refer him to the Zoning Board, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. MISCELLANEOUS: Councilwoman Webber was given the floor. She spoke about the meeting she attended. She stated that it was a fabulous meeting, and the man who spoke over there would be glad to come and speak to us at no cost. Mayor Armstrong stated that we could invite him whenever it is convenient. Councilwoman Webber stated that Mr. Beck called her and asked if we would draw up a Resolution to send to everyone we can possibly think of and ask them to review their decision about the bridge. -7- . o o Mayor Armstrong stated that the thing that happened was the commercial fishermen got a bill passed that says no power lines over or underground, no bridge, no structure can be built across the intercoastal waterways south the Cape Canaveral. He explained that there is a committee being formed in order to ask the legisla- ture in this session to rescind the bill which does not allow the building. Mayor Armstrong stated that he would like to bring up at the next meeting the transferring a police officer from the CETA program to regular employment. 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 Co ATTEST: ;J,w I)}~ ty Clerk Approved thi s 3~d day of May, A.D. 1976. ~ MaY/f~y-~?- -8- ... , . GENERAL FUND City of Edgewater WW & SS Southern Bell Florida Power & Light Zoni ng Bull eti n Williams Welding Rene Martens Pitney Bowes Edgewater Red & White Taylor Bros. Ropp's Automotive Russo Communications New Smyrna Chrysler Plymouth Gray Drug Stores Scotty's Miller1s Wrecker Service Xerox Southern-aire Burgman Supply Company Industrial Office Outfitters R. E. Morris Edgewater Electric WATER AND SEWER City of Edgewater WW & SS Southern Bell Florida Power & Light o o BILLS AND ACCOUNTS APRIL 19,1976 City Hall, Com. Ctr.,Shufflebrd. Fire, Street Street, Traf. lite, Street lites Zoning Board Street Mileage City Hall, Misc. City Hall P.O. P.O., Street P.O. P .0., Street P.O. Com. Ctr. P.O. City Hall, Mi sc. Com. Ctr. Landfill Ci ty Ha 11, P.O. Street Street 58.30 99.84 2,092.86 22.50 9.45 15.96 33.00 6.75 108.24 204.33 54.80 184.42 5.29 2.33 125.00 177 . 93 47.65 453.84 16.11 16.18 16.08 3,750.86 Water Water Water and Sewer 5.50 57.40 1,401.56 1,464.46