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04-12-1976 - Regular 1 . u u CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA REGULAR MEETING HELD APRIL 12, 1976 ~ of the City Council of the City of 12, 1976 at 7:30 P.M. . d~~' .. ~\~ ~.\, '\~~~ Mayor Armstrong called the regular meeting Edgewater, Florida to order, Monday, April ROLL CALL: Mayor Dana T. Armstrong Councilwoman Ryta F. Webber Councilman William H. Cairnie Councilman Walter B. Sikes Councilman Calvin R. Dietz Assistant City Attorney Jim Davis Assistant City Clerk Eliz. Crouser Chief of Police Earl D. Baugh Present Present Present Present Present Present Present Present - came in late INVOCATION: SALUTE TO FLAG: APPROVAL OF MINUTES: None . BILLS AND ACCOUNTS: The Assistant City Clerk read the bills and accounts for the General Fund Councilwoman Webber questioned the bill for the building inspectors. Mayor Armstrong stated that this pays them up to date., The Assistant City Clerk read the bills and accounts for the Water and Sewer Fund. Councilwoman Webber questioned the bill from Conrad Yelvington. Mayor Armstrong stated that this is for the sand for the drying bit. Councilman Cairnie made a motion that the bills be paid, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. COMMUNICATIONS: Certification of posting The Assistant City Clerk read a letter fromthe Board of Governors requesting relocation of the Civil Defense director,and that the playground equipment located east of the shuffleboard courts be moved to a more westerly location to allow more parking for the pier and boat ramp area. The Assistant City Clerk read a letter from Linda Leclair resigning from the Water Department. o Q Mayor Armstrong went back to the letter fro~ the Board of Governors. Councilman Dietz stated that they need to make a suggestion on where we can put the Civil Defense. Councilwoman Webber asked if the Chamber is staying where they are? Mayor Armstrong stated that he had suggested that the Board of Governors review the entire group that need office space and come up with a total recommendation on all of it. Councilwoman Webber read an article from the newspaper which stated th~t the A~torney General's opinion is that the Chamber of Commerce canlt lease City ~ building space unless they pay rent comparable to other office space. Councilman Sikes stated that he feels we should make an effort to see that they are properly located along with the other organizations. As far as the playground equipment is concerned he feels that the playground equipment is all right where it is, since the parking area is used by the whole County and it is very expensive parking space anyway, however this would be an item for the coordinator to take care of. Tape l-A 10 min. Councilman Cairnie said that he has looked into this and the playground equipment could be moved closer together and closer to the shelter so that the mothers can see what the children are doing. There was more discussion on the Community Center room. Councilman Dietz stated that he feels that if there is any backseat to be taken it should be taken by the Chamber and not Civil Defense. He stated that he thinks that this should be sent back to them for another recommendation because this is vague. Mayor Armstrong stated that he agrees with Mr. Sikes about the playground, however in regard to the office space he thinks that the Board of Governors should come up with a recommendation concerning all concerned. Councilman Cairnie made a motion that this be referred back to the Board of Governors for further study and another recommendation, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Mayor Armstrong stated that we have the resignation of Linda Leclair, what is the Council IS pleasure? Councilman Dietz made a motion that we accept the resignation, being seconded by Councilwoman Webber. 'Upon roll call vote said motion CARRIED. Councilman Cairnie made a motion that the Mayor be instructed to write a letter _ to Linda advising her how reluctant we are to accept her resignation and thank her for the work that she has given the City, he added that this would be nice for her to have as a reference, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Mayor Armstrong stated that we have a couple of correspondence from Briley, Wild and since he is here we will let him explain them. . 15 min. Mr. Fernandez stated that. in response to the letter from EPA, he spoke with the man who initiated the letter, to find out the procedure he would accept to bring the City of Edgewater back into compliance. He explained that he has met with Mr. Ohrwall and discussed the procedure for filling the.forms out and the next one will be sent to Rick for review prior to it leaving City Hall. This will be done next week and should bring the City back into compliance. Mr. Fernandez answered various questions from the Council in regard to these reports. -2- v Q Councilman Sikes asked if there is any danger to the bathers from the dis- charge that is going into the river? Tape l-A Mr. Fernandez stated that as long as 'the chlorinator at the plant is working 20 min. there is no danger, and we have good operating reports on that.. RESOLUTIONS: Mayor Armstrong stated that he believes the attorney has a Resolution, however he is not here yet. Coyncilman Sikes suggested that we talk to Rick about the letter on down the agenda so that he can leave. The Council began discussing the applications for the Class C Operator. 25 min. The meter reader applications were also discussed. Councilman Sikes stated that he spoke with Mr. Fredericks and he is expecting the Mayor to get in touch with him. Tape l-B Councilman Dietz made a motion to hire Mr. Fredericks as meter reader at $2.56 an hour. There was much discussion in regard to the City requiring employees to have physical examinations and making them pay for this themselves. Councilman Dietz repeated his motion to instruct the City Clerk to hire Mr. Fredericks and instruct him that he has to take a physical and if he passes the physical his rate will be $2.56 an hour a part time job reading City water meters, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. At this time Mayor Armstrong stated that we can go back to the Resolutions, since the attorney is now present. RESOLUTIONS: RES. NO. 651 A RESOLUTION APPOINTING VARIOUS MEMBERS OF THE CITY COUNCIL AS CO-ORDINATOR FOR THE VARIOUS DEPARTMENTS OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFORE. Attorney Davis read this Resolution in full. Councilman Sikes made a motion that we adopt this Resolution, being seconded by Councilwoman Webber. . Mr. Garthwaite was given the floor, and he questioned that the Resolution reads that the Mayor's department is all departments plus Street and Garbage. Mayor Armstrong stated that he told the attorney all departments in compliance with the provision of the Charter as official head of the City. He stated that he couldn't say that he would not cover ~ny department. Mr. Garthwaite asked if this means the Mayor is going to have all departments it is going to cause a problem because he can not work with the other Councilmen Mayor Armstrong stated that he knows this creates a problem, however the Charter is the book that we must go by. Councilman Dietz stated that this Co-Ordinator System has been misconstrued. This is not set up for any of the members.of the Council to take charge of a department or run it or the people in it. The co-ordinator is simply a go- between between the department head and the City Council. In the case of an emergency it gives the department head someplace to go without having to pole the Council members. We should all have equal responsibility, the City Council as a whole runs the City. He stated that the way this reads now with the Mayor in charge of all departments we are going to have the same confusion that we are having now. . -3- Tape l-B 10 min. 15 min. 20 min. u u Mayor Armstrong stated that he recog~izes that the City Council is the boss and they tell the Mayor what to do, and as long as they don't direct him to do an 'illegal act he will abide by the Council IS wishes. The Charter states that if the Council has direction for the Chief of Police, they are to be related to him by the Mayor, and it does not say by a co-ordinator. He repeated himself that he feels this is ~hanging the form of government, and until a Court tells him that we are in compliance he will stick to this. Councilman Dietz stated that nowhere in the Charter does it state that the Mayor is the supreme power of the City of Edgewater. He added that if this Resolution goes through the way it is written now what we are trying to do wi.th this system is not going to be a fact, because the Mayor is not going to let the employees do what they want to do, he is going to continue on the way it has been the past six months, and it has been very confusing and very disheartening to the Council members. Mayor Armstrong asked Councilman Dietz when and where and on what project has he interferred with any work of the department heads? Councilman Dietz stated that there has been a lot going on in this City that the Council has not been aware of, there has been mail that we did not know of, there have been damaging things happening to the City that we were not informed of until as late as nine weeks later and we are not going to have this anymore we are all going to know what is going on. Under the co-ordinator system it will be the co-ordinatorls responsibility to keep the Council up to date on what is going on in each department. At this time Attorney Davis stated that he did not draw this Resolution, it was brought to him in the blank form, and due to the uncertainity of who was to be put in what department the blanks are still open and he will fill them in as he is informed t6 do. Councilman Sikes withdrew his motion, Councilwoman Webber withdrew her second. / Mr. Taylor asked if the Council has received an opinion from the City Attorney as to whether this is a new form of government? Mayor Armstrong answered no. Councilman Dietz stated that the City Council has worked under this form of government until the time we hired a City Manager. Mayor Armstrong stated that it never worked the times it was tried which is part of the reason he is ~pp6sed to it. Mrs. Woodard was given the floor, she stated that this should be put on a referendum and let the people of Edgewater decide what we want, this has been discussed and going on for three months now. Councilwoman Webber stated that she is right this has been going on for so long and nothing is being done in the City, there is no way that we can find out what is going on. She stated that letters come in and we donlt see them, if there was another way of knowing what is going on she would be the first one to go along with it. Mayor Armstrong stated that he gets copies and that is all he gets. Councilman Dietz made a motion that we adopt this Resolution appointing Mayor Armstrong to the Street and Garbage Department, Councilwoman Webber to the Police Department, Councilman Cairnie to the Park, Pier, Recreation and Com- munity Center, Councilman Sikes to the Administration, Councilman Dietz to the Water and Sewer Department, being seconded by Councilwoman Webber. There was a question about what the administration consists of, and this was gone over. Mr. Bevel asked about the Police, if Fire was included in this like it was before. -4- u u Councilman Dietz stated yes, that Fire shoula be part of the motion. Mayor Armstrong stated that this is Resolution that Mr. Dietz made a motion on and was seconded by Mrs. Webber and for the record it is in blank as far. as the appointments are concerned, and this was not put on any agenda prior to this and it was not introduced by the Mayor in advance of the meeting and personally he does not. believe that it is worth the paper it is written on. Tape l-B 25 min. There was a question about this being blank. Attorney Davis stated that to clarify this, at the time the Resolution was given to him it was in blank, at the meeting Thursday night it was not clear to}him exactly what appointments the Council wanted therefore he did not fill in the blanks and he will be glad to do so as soon as he is directed by the City Council to do so in whatever form they so wish. Councilman Sikes stated that it seems odd that this is being brought up at this time because we have had other Resolutions which were blank and the attorney filled them in. Upon roll call vote said motion CARRIED. Councilman Cairnie and Mayor Armstrong voting NO. Tape 2-A Mr. Bevel was given the floor and asked if the City Attorney is required to give a legal opinion at a meeting if he feels that we are doing something improper without being asked. Is this part of his job? Or must he be asked each time to give an opinion. Attorney Davis stated that had he drawn this Resolution and if there had been any question in his mind of the legality of this Resolution from the work in- volved in drawing it he would feel obliged to make known his question to whom- ever directed him to prepare it. He stated that as far as this particular Resolution is concerned he has .not..been asked to render an opinion as to its legality. He added that it is obvious that there is. some-question in regard to this. He said that if he is instructed to draw a Resolution and from his research he finds that this is in conflict with the law he would be obligated to disclose this to the Council. 5 min. Councilman Dietz asked if the Resolution has been completed? Attorney Davis stated that since the Council has passed the motion that has just been voted upon he is. asking the Clerk to type the information in the blanks. Councilman Dietz stated that at this time we should instruct the City Clerk1s assistant to go type those in and bring it back. Councilman Cairnie made a motion that we instruct our City attorney to research this Resolution and see if it is legal, said motion DIED from a lack of a second. OLD BUSINESS: Councilwoman Webber stated that she has received several calls asking her to investigate the EVER program. She stated that she felt that the men are not properly trained. She spoke with a number of physicians in the area and in Daytona Beach. The ones in Daytona Beach and New Smyrna Beach are not in favor of it. She stated that she received confirmation from the Volusia County Medical Society and they said that this was a very worthwhile organi- zation and that we should reconsider. She asked Mr. Christy and Mr. Bevel just how much training they do have. The men answered this, and they explained the procedures under which they work. -5- Tape 2-A 15 min. 20 min. u u " Mrs. Jack Bevel spoke to the Council explaining the instructions that they have gone through and the registration that they have with the State. Councilwoman Webber read .certain requirements which were pointed out to her during her investigation. Mr. Christy, Mr. Bevel and Mrs. Bevel tried to explain the difference between EMT and first aid training, the old requi~ements and the new requirements for these registrations. Mr. Christy explained that the rescue squad requirements change in each area, however most of the squads' requirements are advance first aid. Councilwoman Webber stated that she thinks what these people are doing is fabulous, the very fact that they are doing it on a volunteer basis is admirable, but she feels that the only people who should work on this rescue unit are people who are licensed by the State and have finished these courses. Mayor Armstrong suggested that Mrs. Webber continue her investigation and make a recommendation to the City Council at the next meeting. Councilman Sikes stated that some of the people who work for Beacon are not trained as well as some of these people on this rescue program. There was more discussion in regard to the qualifications. It was decided that Mrs. Webber-is to look. into this further and report back to the Council at the next meeting. Discussion went on to the garbage franchise bids. Attorney Davis stated that he has looked at the contract and as far as legality is concerned it is.all right, however there are some policy making type of changes .probably to be made. He answered various questions from the Council. Tape 2-B Rick explained some of the specifications to the Council, and asked several policy making type of questions for the Council to decide on. He stated that there was no formal decision made in regard to the vacant lots, and how this is to be handled. 10 min. Mayor Armstrong stated that if we are going to advertise for bids for garbage collection that it would have to be on a basis of, in order to get a favorable bid, a cost basis that they could afford to do the job without over charging the people. We should hav~ what we have now in service or better. There was discussion in regard to garden and yard trash; and that this is going to get rather costly if all of these things are going to be done. Councilman Dietz stated that we have an Ordinance in regard. to the size of trash piles and the contents of it, and so on. It was stated that a copy of this Ordinance should be prepared for Rick. There was discussion in regard to selling the equipment and whether it should be sold as part of this deal. Councilman Sikes stated that if we sell our equipment and in three years the Council decides to go back into the garbage business then new equipment will cost a fortune, and we won't be saving anything. Councilman Sikes asked if there was anyway it could be in the specifications that they would take on some of our present employees? Rick stated that he doesn't feel that he is qualified to answer that. -6- o ~ Rick questioned the commercial pick-up of five days a week, and he added that this is going to jump the cost up more than anything else that the Council has discussed. . Mayor Armstrong explaine9.the reason for this coming about. Councilman Dietz asked if this couldn't be taken care of by the containerized service that we are under now? Mayor Armstrong stated that as far as it meets the Board of Health requirements it could be done. A f~w more items were discussed with Rick, and it was decided that he would revise the specifications and resubmit them approximately two weeks. Attorney Davis asked if he would have the opportunity to look this over before it is submitted to the Council. "ape 3-A Rick looked through the Class C Operator applications, he said that if he had the Council's permission he would like to call up a few references and discuss the qualifications before he makes a recommendation. Councilwoman Webber made the motion that Mr. Fernandez be authorized to review the applicants and make his recommendation at our next meeting, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Councilman Dietz asked Mr. Fernandez if the State law does not state that we have to have a licensed operator in the Water Department and a licensed oper- ator in the Sewer Department? Mr. Fernandez specifically states that the Sewer operator has to be on duty full .time, eight hours a day, five days a week, and your Sewer plant now is terribly understaffed. The two men over there are doing the work of many. Councilman Dietz stated that if we have to have two operators, lets go ahead and hire two men, and do it over with. Mayor Armstrong stated that the next item is Planning Board appointments. 5 min. Councilman Dietz made a motion that we instruct the attorney to draw up a Resolution appointing the following members to the Planning Board and the way it will be decided, the names will be read, the Council will be poled, the vote will be made and the ones who pass will be put on this Resolution, being seconded by Councilman Sikes. Mayor Armstrong stated that he has an appointment to make on one of the original and Mr. Sikes has an appointment to make on another of the original. Councilman Dietz stated that the Council makes the appointments to allof the boards. Mayor Armstrong stated that we have three members now on the Planning Board that were appointed by the Council members. Councilman Dietz stated that we all voted on them, and that is what we are going to do now. . Mayor Armstrong stated that you are going to take Mr. Sikes appointment away, and his own appointment away, but you are going to keep yours. 10 min. The assistant city clerk read all of the applications in full to the Council. There was discussion about Mr. Denton already being on the Board Of Adjustments. Mayor Armstrong stated that in this case he would recommend that we leave him on the board that he is on and eliminate that name, and Mr. Yackle never comes to the meetings. .-7- '-> <.) Councilman Dietz stated that the motion was made and seconded that the city clerk would read these off and we would pole the Council on each individual. There was much confusion as to how this should be done. ape 3-A 5 min. Mayor Armstrong explained that business of the Council is to be taken formally by.yeas and nays on the motion, you can only say yes and no on a motion. We have a motion on the floor, how are we going to have another motion on the floor when we haven't disposed of the business as hand. The.attorney stated that the motion on the floor has to be disposed of before we can go to another motion. Councilman Dietz stated that the motion includes that the choice of names will' be included in the motion. Attorney Davis stated that if ~he motion is not capable of being ascertained the thing to do is to withdraw that motion, move that the Council consider a list of people individually, and that those people can be placed in the contents of the second motion and they will be accepted in that manner. Councilman Sikes withdrew his second and Councilman Dietz withdrew his motion. Mayor Armstrong stated that he feels in due fairness we should go around from Zone 1 to 4, including himself, each one to nominate someone and we will vote on whether we will accept him or we won't accept him. Councilman Cairnie stated that we could appoint all of these people, there will be some drop outs and there is no set limit that we have to have on the board. Councilman Dietz stated that we should put this up to the Council in a demo- cratic way, the Council should decide. Mayor Armstrong stated that this is what he is trying to do. Councilman Dietz made a motion that this Council will pole the applications that we have and we will vote on each individually as to the merits on their rape 3-B applications, being seconded by Councilman Si.kes. 5 min. Mr. Gross spoke to the Council stating that he has three strikes against him before they get started because his name is the last one on the stack, and if they pick eight before they get to him theparty is over. Upon roll call vote said motion CARRIED. Councilman Cairnie voting NO. The clerk was instructed to shuffle up the applications and turn them over so that the names can not be seen. She did so, and began reading the names and information on the applications: Donald Ramsey, 435 Perditta Street - Councilman Cairnie made a motion that he be accepted. Councilman Dietz stated that there is no need to go through all of that, we can just pole the Council by having the clerk call the roll. Upon roll call vote the pole carried 5-0 . Frank Opal,2002 Pine Tree Drive - Upon roll call vote the pole died 2-3, Councilwoman Webber, Councilman Sikes and Councilman Dietz voting NO. Clifford Denton, 124 parkwood Lane - Upon roll call vote th~ pole carried 5-0 Francis H. Dietz,. 2511 Umbrella Tree Drive - Upon roll call vote the pole carried 3-2, Councilman Cairnie and Mayor Armstrong voting NO. -8- ".:; ~ o o Edward Yackel, 2630 Umbrella Tree Drive - Upon roll call vote said ,pole carried 4-1, Mayor Armstrong voting NO. Walter Gross, 909 lake Avenue - Upon roll call vote said pole carried 5-0 Charles Priest, 1860 Pine Tree Drive - Upon roll call vote said pole carried 5-0 Lewis Lupinek, 2719 Travelers Palm - Councilman Dietz suggested that this is a chance to get a member on another board, because this man said that he is willing to serve on any board. Upon roll call vote said pole died 0-5. Mayor Armstrong stated that this is no reflection on the gentleman himself, how- ever now he is available to serve on another board. Jacob Lodico, 302 North Riverside Drive - Upon roll call vote said pole carried 5-0. Phyllis Woodard - Upon roll call vote said pole carried 5-0. 15 min. Councilman Dietz made a motion that we instruct the City attorney to draw up a Resolution appointing the following people to the Planning Board of the City of Edgewater, until they resign or replaced by the City Council; Charles Priest, Edward Yackel, Francis Dietz, Clifford Denton, Donald Ramsey, Phyllis Woodard, Jacob Lodico and Walter Gross, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. NEW BUSINESS: Mayor Armstrong referred to the County Manager1s letter. He stated that until , a dateis set on this there is nothing that we can do about it. The Mayor stated that we have an electrolux vacuum cleaner in City Hall, the new one will cost $300, however the old one can be repaired for $80. He said that we should shop a little before we spend $300. Councilman Dietz stated that since we have set up our coordinator system, the coordinator of that department shop around and get some prices for the Council. MISCELLANEOUS: Councilman Dietz stated that he would like to report to the Council that the hospital in New Smyrna Beach has a portable building 24 x 32 and they are asking for bids on it. It is a possibility that the Council might consider something like this to put next to City Hall to put our Police Department in, on a temporary basis. Councilwoman Webber stated that she thinks it is a good idea to look into. It was decided that all of the Council members could go and take a look at this and see what we think. 25 min. . Councilman Sikes stated that we all got a letter from Mr. Judson I. Woods, and he would like to make a motion that we prepare a contract to hire him as our City Attorney. Mayor Armstrong stated that he does not believe we can do this yet, until we finish the Ordinance terminating the City Attorney that we have. There was some discussion about this with Attorney Davis. He stated that he does not see why the Council can not go ahead and appoint Mr. Woods by Reso- lution and go through with the Ordinance regarding Mr. Weaver. Councilman Dietz. seconded the motion. Upon roll call vote said motion CARRIED. -9- o o Councilman Cairnie asked ~ttorneY Davis if he would be interested in being the City Attorney. Attorney Davis explained that he is satisfied with the arrangement he had with Mr. Weaver, however it is quite a distance, and he feels that it would be better with all parties concerned to have Mr. Woods appointed, and if he wants to work something out with him this is possible. Tape 4-A 5 min. Upon roll call vote said motion CARRIED. Councilman Dietz made a motion that we instruct the City Attorney to draw up a Resolution appointing Judson I. Woods as attorney for the City of Edgewater, be~ng seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED- Mayor Armstrong voting NO. Mayor Armstrong stated that there is no reflection here, he still has to stick to his guns that we can not appoint until there is a vacancy. Chief Baugh stated that he has a chance to get a four channel radio, which usually costs $1269, and we can get it for $575. Councilman Dietz stated that this is a good buy, and we do have money in the budget for this. Councilman Sikes stated that since we are in the coordinator system. he thinks the Chief should get with his coordinator and bring back some information to the Council. Chief Baugh stated that the man would like to know by tomorrow if we want it. Councilman Dietz stated that since we have the coordinator system we should leave it up to the coordinator to make the decision, she has the right to spend up to $1,000. and if there is a dead line on the unit we have to do it this way. eounci1woman Webber asked the Chief if-it is possible for the radio to be held until they can report back to the Council? Chief Baugh stated that he would talk to the man and find out. 10 min. ADJOURNMENT: Councilman Dietz made a motion to adjourn, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. MINUTES TAKEN BY: Elizabeth Crouser Debbie Sigler Mayor Councilwoman Councilman ATTEST: City Clerk Councilman Approved this day of April, A.D. 1976 Councilman Mayor . -10- . \ ... .. . J.o o GENERAL FUND City of Edgewater WW & SS City of Edgewater Florida Power & Light New Smyrna Commercial Printing American Hardware Dick Harris Bi lly Dudney . Sue Lavender Walter Lavender Mrs. Billie Harris Standard Oil Company County of Volusia New Smyrna Beach R. E. Morri s New Smyrna Beach-Edgewater Humane City Auto Supply WATER AND SEWER City of Edgew~ter Florida Power & Light American Hardware New Smyrna Commercial Printing CitY-Auto Supply National Chemsearch Southeastern Municipal Supply Co. Conrad Yelvington Distributors o BILLS AND ACCOUNTS April. 12, 1976 F.D. Petty Cash Com.Ctr., City Hall, C.D., Shufflebrd. P.O., City Clerk City Hall, St., Landfill Witness fee Witness fee Witness fee Witness fee Witness fee Street Building Inspectors P.O. Street stock Humane Society P.O., F.D., Street, Landfill 5.50 29.56 216.77 28.50 63.28 5.00 5.00 5.00 5.00 5.00 1,574.42 1,783.14 84.50 11 .41 1 50.00 183.32 4,155.40 Petty Cash Sewer Water and Sewer Water and Sewer Water and Sewer Sewer Water Sewer 10.71 21.90 28.03 51.00 26.35 229.50 69.86 204.32 641.67 A