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04-08-1976 - Regular u o CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA REGULAR MEETING HELD I/PI-li 8, 1976 Mayor Dana T. Armstrong called the regular meeting of the City Council of the City of Edgewater, Florida to order, Thursday, March 8, 1976 at 7:30 P.M. Present Present Present Present Present Present Present Present ..&~., ~~ ~', $~'i.:- l;t_~ ~}~ - ~~.. ~~ '<q~ ~~ Aro-. '.;'~ ''!.' v.,9 '?~ T.I,;;, t~~ ~~~......- t~ ~.~ -A ~ \~~ 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 City Clerk Sue Blackwell Police Chief Earl Baugh INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES Councilman Sikes made a motion to accept the minutes of the March 25th meeting, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. Councilman Cairnie stated that he was absent. Councilman Sikes made a motion to accept the minutes of the March 29th meeting, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Councilman Cairnie stated that he was absent, Mayor Armstrong voted NO. BILLS AND ACCOUNTS Councilman Cairnie made a motion to pay the bills, being seconded by Council- woman Webber. Upon roll call vote said motion CARRIED. COMMUNICATIONS Certification of Posting The City Clerk read a letter from Bruce Briggs, Executive Director of the Volusia Council of Governments, requesting that one of the City's Planning Board members be appointed to the Intergovernmental Advisory Committee by July 1, 1976. Councilman Dietz stated that since we don't have a full Planning Board we should hold on to this until we do, and the board should pick their own representative. Mayor Armstrong stated that it would be a good idea to advise Mr. Briggs that we will comply with this before the deadline date of July 1. The City Clerk read a letter from Larry Jones, Donna Pagnucco and family commending Officer Westfall for services he rendered to them while on vacation and in Edgewater. ~ o Councilman Cairnie made a motion that we give our thanks to Officer Westfall for the duty he performed and that a copy of this letter be put in his per- sonal file, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. The City Clerk read a letter from Harold G. Francis, Secretary, Volusia League of Municipalities in regard to placing items on their agenda. Mayor Armstrong stated that this is for information and it should be kept on file so that if we have a matter to put on the agenda we will know when and where to send it. The City Clerk read a letter from Mr. Martens from the Board of Governors stating that they undertook the task of cleaning out the rain spout gutters and repairing the roof over the ladies rest room in the Community Hall. They also cleaned out the rescue squad room which eliminated a fire hazard. Mayor Armstrong stated that this should be acknowledged and there will be some- thing in the files on this. The City Clerk read a letter from Joseph E. Weaver resigning as City Attorney of the City of Edgewater. Councilman Cairnie made a motion that the resignation be accepted effectively as of the dateof his letter, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. The City Clerk read a letter from Thomas C. Kelly, County Manager in regard to a meeting with all cities in regard to the 201 and the 208 planning programs. Mayor Armstrong stated that Mr. Kelly had informed him that he was going to call this meeting in January, however this is a little late since we have already entered into a Resolution of intent to participate and we have auth- orized our engineer to represent us in the 201 program. He suggested that this be tabled until Monday night when the engineer will be here and we can Tape l-A discuss this with him. 15 min. Councilman Cairnie asked if the Mayor didn't feel that some member of this Council should attend this meeting, and not just the engineer? Mayor Armstrong stated definitely, and he thought we appointed Mr. Dietz to represent the City at these meetings and bring back to us reports on it. He added that hearing no objections we will table this until Monday night when we can discuss it with our engineers. -The City Clerk stated that the next item is two recommendations from Mr. Pro- vancher, Safety Inspector. One to the Water Plant in regard to barricades and flagmen. Mayor Armstrong stated that the City was commended for having our house in order. His recommendation to the Council is since we have a small metal building at the City Barn could be moved reasonable close to the building to put up all grease and so forth. Councilman Cairnie made a motion that we instruct the Street Department to utilize the small metal building over there for storing products, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. The City Clerk read a letter from Steve Hardock, Secretary, Treasurer of the Volunteer Fire Department, requesting $1,500.00 toward the purchase of the fireworks for their Bi-Centennial Festival for the Fourth of July. Mayor Armstrong stated that the Council has heard the request, they have com- mitted themselves to $3,000.00 for fireworks. Councilman Cairnie stated that he does not understand why they did not ask the Council before they committed themselves. Councilman Dietz stated that he feels that it would be proper to table this until we get our financial report for the month of March, which is a six months period. -2- o o Councilman Sikes asked the City Clerk what amount we committed to the Bi- Centennial Committee? The City Clerk explained that $1000.00 of this was for fireworks, $150.00 was for an annual ad, $200.00 to the Bi-Centennial. Councilman Dietz stated that we still don't know that we have the money for this, and he added that he would like to make a motion that we table this until we get our March financial report. Paul Walls spoke to the Council on this, stating that the Council was fore- warned about the Bi-Centennial about two years ago. He stated that the Fire Department have been spending money themselves on the truck and on the new building so they need help on this. Mayor Armstrong stated that he appreciates what the Fire Department does, however he agrees with the motion that we should take a second look at this. Tape l-A 25 min. Councilwoman Webber seconded the motion. Upon roll call vote said motion CARRIED The City Clerk stated that the next item is a letter from Larry Kelly, Chairman, Volusia Council of Governments, informing the City Clerk that she has been put on the Finance and Personnel sub-committee. This does not re- quire any action it is for information. The City Clerk read a letter from John Sidor, Jr., Department of Community Affairs in regard to a workshop on collective bargaining at the Court of Flags Resort Hotel in Orlando on April 13, and 14. Mayor Armstrong stated that he feels that the City should be represented on Tape l-B this. He stated that if the Chief is available he could go to this. Chief Baugh stated that he is still going to school. Councilman Sikes stated that he feels that perhaps the Mayor and Vice Mayor should go, because two people could come back with more information than one. Mayor Armstrong stated that he doesn't think two people from the Council should go because they can not go together. Councilman Sikes stated that all the Council members went up to Ormond Beach and they all took different cars. Councilman Sikes made a motion that the Mayor and Vice Mayor attend this meeting all expenses for luncheon and mileage be paid by the City. There was more discussion about this, and whether two Council members could go together. Mayor Armstrong stated that we will decide Monday night who will go. Councilman Sikes motion died from the lack of a second. The City Clerk stated that the next item is a letter from the State Attorney.s office. Tape l-B 10 mi R. Mayor Armstrong stated that he attended a meeting was organized to take careof consumer complaints. explained at the meeting, which is the meaning of that we will be hearing about this very soon. The City Clerk read a letter from John W. Manuel III, Executive Secretary, Volusia County Charter Review Commission announcing a meeting at 7:30 in the Council room of the Courthouse Annex on New York Avenue in Deland, on April 21,1976. in regard to this. A staff He reported on what was this letter. He explained -3- Q Q The City Clerk read a letter from J. R. Patrick, Jr., Chief, Compliance Section, United States Environmental Protection Agency notifying the City of Edgewater that they are in violation in regard to the NPDES permit. Councilman Cairnie stated that he believes that we turned this over to Mr. Fernandez to check out. Councilman Dietz made a motion that we table this until Monday night and we get the report from Rick. Mayor Armstrong stated that he would like to report on this. He stated that a sample was made on the 6th, New Smyrna was hesitant about making Tape 1-B the chemical analysis, but we did send it to Port Orange and they are very 15 min. graciously doing it for us and as soon as they get their report back, Rick Fernandez will pick it up and complete the entire report. So this is being taken care of. The City Clerk read a letter from Charles H. Little for Claude L. Greene,Jr. United States Department of Agriculture in regard to interim financing. Councilman Sikes stated that the prime rate is down right now. He made a motion that we contact the local banks and report back at our next regular meeting Discussion began on this in regard to what F.H.A. was suppose to do on this. Mr. Beve1stated that some time ago the Council put aside money from the Revenue Sharing and one time there was as much as $90,000 held for this interim financing. He asked if any of this money remains in the Water and Sewer fund which would _ help alleviate the amount of money to borrow? Tape 1-B 20 min. Mayor Armstrong stated not to amount to anything. He said that we are going to have to borrow on the material involved in the project, and so forth which will be in the amount of $100,000. He explained the various costs involved. Councilwoman Webber asked Mr. Sikes if we asked a bank to put $438,000. aside for us, we would just pay interest on the part that we are using? Councilman Sikes stated that you can ask them to give you a committment on a certain loan based on perhaps maybe $100,000 for the first six months and the balance for the next six months, they can do that and they can say that they will do that but negotiate the other monies at the prime rate, but you would only pay interest on the amount of money that you would need. Of course if you have a committment from a bank that they will loan you money, you won't really need to borrow that money until the contractors is ready for his first payment. Councilman Dietz stated that we got a letter from F.H.A. saying that they would pay this off in three or four installments. Why should we have to borrow only a certain portion of it and they will pay these installments and then we just keep renewing that amount? Mayor Armstrong stated that this was one of his questions when all of the authorities were here. Councilman Dietz stated that he will second Mr. Sikes motion that we go ahead and get a committment from some bank for this amount of money at a negotiable Tape 1-B interest rate and see if we can go from there. 25 min. Councilman Sikes asked the attorney if there would be a conflict of interest since he is the Vice President of Southeast Bank of New Smyrna, even if we would come out with the lower bid, for the City to borrow money from the Southeast Bank of New Smyrna. -4- v u Attorney Davis asked in what manner the bid would be obtained? Councilman Sikes stated that this will be negotiated by letter form by the Finance Director and City Clerk in the same manner that it has been over all of these years prior to his being on the board. Attorney Davis stated that his suggestion to avoid the possibility of the conflict of interest, that Mr. Sikes not personally be involved in voting on the negotiation and let the Council do whatever they wish. Tape 2-A Councilman Sikes withdrew his motion, Councilman Dietz withdrew his second. Councilman Dietz made a motion that we instruct the City Clerk to seek com- petitive interest rates for an open committment on $430,000 at the lowest interest rate guaranteed by the F.H.A. committment, being seconded by Councilman Cairnie. Mr. Taylor asked if it isn1t true that there are letters on file in City Hall stating that the banks don1t want any part of this? Mayor Armstrong stated that this is not true. The letters did not indicate an actual interest rate that they would loan the money for, they did indicate that they would have to go to a joining bank in order to be able to finance that amount. Mr. Taylor stated that we were told over and over again by F.H.A. that they would loan this to us at 5%, and now we are paying at the very banks that wouldn't come in at the beginning. Councilman Sikes explained that the F.H.A. would be a direct loan from the government. The banks knew that they would be doing the City an injustice if they had in their contract that they could get it at 5% rate, so they weren't overly eager to loan it at 7~% rate knowing that the City could get it according to the contract at 5%. Why should we pay 7~% when we could get it at 5%? Mr. Walter Gross stated that he would like the City Attorney to look into the law in regard to no City franchising business with any company while a member of the Council is connected with that company. Attorney Davis stated that to his recollection it would have to be some owner- ship involved, but he would be glad to research this if he is constructed. Mr. Bevel spoke to the Council in regard to this, stating that before the loan would come through, it required that we had to prove to F.H.A. that we could not obtain money at 5% locally, therefore the banks gave us letters to assure that we could not borrow the money at that low interest rate. The banks were not trying to say that they were not interested in it, they were trying to help us. Mrs. Murphy asked why we could not go back to F.H.A. and find out why they are not loaning us the construction loan at 5% like they said they would? Tape 2-A 5 min. Mayor Armstrong assured Mrs. Murphy that before the City Council pays an additional $7,000 or $8,000 for construction money they will know why. He also explained that it is true that the banks were trying to help us by giving us these letters so that we could qualify this 5% loan. He stated that the man from F.H.A. told us that if we could not get the local money to do it, we will finance it for you, however this is nowhere in the forms. Upon roll call vote said motion CARRIED. Councilman Sikes abstained from voting. The City Clerk told Mr. Sikes that she has a form for him to fill out. Councilman Sikes stated that he thinks that he is going to make the recommenda- tion that even if our bank was to loan it at 5% that we not loan it. -5- o Q The Ci ty Cl erk read a 1 etter from John Wharton resigning from the Planning Board. Mayor Armstrong stated that he would ask that the Council consider that there are some personalities implicated in this and he would not ask that it be ac- cepted as it is, however accept the last paragraph as his resignation. Councilman Dietz made a motion to accept the resignation, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. Tape 2-A 10 mi n. RESOLUTIONS RES. NO. 650 A RESOLUTION SETTING THE NUMBER OF POLICEMEN, EMPLOYEES, AND OFFICERS SUBORDINATE TO THE CHIEF OF POLICE FOR THE POLICE FORCE OF THE CITY OF EDGEWATER, FLORIDA. Attorney Davis read this Resolution in full. Attorney Davis stated that by researching the Charter it is clear to him that the City set by Resolution the number of personnel, however it does not speci- fically require that the personnel be hired and fired by Resolution. The Chief should be allowed to hire and fire as part of his executive function, which would save the Council a lot of time and money. Councilman Sikes stated that we are still setting a limit on the Department, and if we had some type of crime outbreak we could not hire extra officers? Attorney Davis stated that Section 57 makes a provision that in the event of a riot or emergency, additional officers can be hired. Councilwoman Webber made a motion that we adopt the Resolution, being seconded by Councilman Dietz. 15 min. There was more various discussion in regard to this. Upon roll call vote said motion CARRIED. Councilman Cairnie voting NO. 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 THEREFOR. Attorney Davis read this Resolution in full, leaving the blanks as they are. Councilman Dietz made a motion to table this Resolution until after the reading of the Ordinance setting up this Co-ordinator system, being seconded by Council- woman Webber. Upon roll call vote said motion CARRIED. Mayor Armstrong voting NO. 25 min. ORDINANCES: ORD. NO. 950 AN ORDINANCE ESTABLISHING REGULAR CITY COUNCIL MEETINGS EVERY MONDAY NIGHT AT 7:30P.M., PROVIDING FOR A REGULAR MEETING PLACE, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Davis read the second reading of this Ordinance in full. Councilman Dietz made a motion to adopt this Ordinance, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. ORD. NO. 951 AN ORDINANCE ESTABLISHING THE ASSESSMENT OF ONE DOLLAR ($1.00) AGAINST EVERY PERSON CONVICTED FOR VIOLATION OF A MUNICIPAL ORDINANCE, OR STATE STATUTE, HOWEVER, EXCLUDING VIOLATIONS RELATING TO THE PARKING OF VEHICLES, ASSESS- MENTS SHALL BE IMPLEMENTED FOR LAW ENFORCEMENT EDUCATION AS AUTHORIZED IN CHAPTER 74-386, LAWS OF THE STATE OF FLORIDA, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. -6- Q o Tape 2-B Attorney Davis read the second reading of this Ordinance by title only. Councilman Cairnie made a motion to adopt this Ordinance, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. ORD. NO. 952 AN ORDINANCE ESTABLISHING A CO-ORDINATOR SYSTEM FOR THE CITY OF EDGEWATER, FLORIDA, PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF CO-ORDINATORS, REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH AND PRO- VIDING AN EFFECTIVE DATE THEREFOR. Attorney Davis read the second reading of this Ordinance by title only. Councilwoman Webber made a motion to adopt this Ordinance, being seconded by Councilman Dietz. Mr. Bevel asked if we are going to decide who is going to coordinate what before this is voted on? Mayor Armstrong stated that this is an Ordinance only establishing the coordinator system, and what it is doing is changing the form of government. Mr. Bevel stated that if any member of the Council has the feeling that some Ordinance or Resolution or any matter of business being conducted by the Council is not legal and sits there and does not inform the rest of the Council of this, he is just as guilty as the rest of the Council for going along with it. Mayor Armstrong stated that if he goes along with an illegal act with full know- ledge of it he thinks that he is just about as guilty. He added that this changes the form of government, and it is subject to a referendum and to be filed with the Secretary of State before it is effective. Councilman Dietz stated that we are still going to have a Mayor-City Council type of government. What we are doing now is organizing the confusion, instead of everybody going around telling the employees what to do, there will be one in- dividual telling one department. and they are to report back to the Council. He asked the attorney if this is correct? Attorney Davis stated that he did not draft this Ordinance, he has not been asked to render a legal opinion as to whether it complies to 1020, and he can not give an opinion on that right now. However he agrees with the mayor, if it does in fact change the form of government, it has to be subject to referendum, if it does not change the form of government it should not be sent to referendum. He added that he is not going to render an opinion without having a chance to research this. 10 min. Councilman Dietz stated that if we do not do this we will have to hire a City Manager. Mayor Armstrong stated that there is no legal reason that the Council can't direct the department heads to run their departments. Councilman Dietz stated that the department heads are complaining now that there are too many people telling them what to do. Mayor Armstrong stated that the Charter says that the City Council shall bring their suggestions and recommendations to the Council table to make their de- cisions, and direct the Mayor to tell the other what to do. Councilman Cairnie stated that there is a motion on the floor and he would like to make an amendment to that motion that we hold this up until our attorney has an opportunity to research it. Said motion died from the lack of a second. _ Mayor Armstrong spoke to Section 3 of the Ordinance where the department head and the coordinator is allowed to spend up to $1,000.00 in the case of an emergency. He said that the Charter reads that the City Council is the only one in Edgewater that declare an emergency. These things conflict with the Charter and this changes the type of government, which should be up to the people. -7- u o Mr. Taylor asked why such a hurry, why can't we get an opinion from the attorney about this? Councilman Dietz stated that there should not be any question about this, Mr. Weaver made a complete check about this and his opinion was given to us, and also Attorney Hall said that it was legal. It costs money to get each of these attornies' opinions. If Mr. Davis comes back with a contro- versial opinion, we aren't going to know who to believe then. Upon roll call vote said motion CARRIED. Councilman Cairnie and Mayor Armstrong voting NO. ORD. NO. 954 AN ORDINANCE AMENDING SECTION 2-25 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY INCREASING THE SALARIES OF THE MAYOR AN ADDITIONAL $100.00 PER MONTH AND EACH COUNCILMAN(WOMAN) AN ADDITIONAL $100.00 PER MONTH, REPEALING ALL RESOLUTIONS AND ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Davis read the first reading of this Ordinance in full. Councilman Cairnie made a motion that this Ordinance be tabled until after we get the six months financial report, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. OLD BUSINESS Tape 2-B 15 min. Attorney Davis read an oplnlon in regard to the EVER organization in which he stated that it is his opinion that the proposed Ordinance would not con- flict with the Florida Statute 166.021, and does not fall within any of the categories requiring approval by referendum: Mayor Armstrong stated that he is still not convinced that by creating a new department in Edgewater that it will have to be a line item and it is not in- cluded in budget appropriations for the fiscal year that we are operating presently under and he sees no reason why that we shouldn't be considered by the people. There is no funding in it as far as the local government line item budget appropriations are concerned presently and this is his opinion of the Charter law. Councilman Dietz stated that there will be no expense to the City for the first year, and how could this be in conflict with any appropriations? This has nothing to do with the budget, because there is no money involved in it. It is just a matter of record of putting it on as the City recog- nizing them and then next year it would be a line item which the City would set forth in its budget. Mayor Armstrong stated that he is not opposed to the Emergency Rescue Squad however he is opposed to the legality of it based on the fact that we are creating something new that is not in the Charter, and he feels that the people should have a right to determine their own destiny. Councilman Dietz asked the attorney for his opinion again. Attorney Davis stated that he can not see that this particular Ordinance fits into any of the categories which would require a referendum, and it can be 25 min. legally enacted if the Council so wishes, as a policy determination. Councilman Sikes asked Mr. Bevel about the insurance? Mr. Bevel explained that he spoke with the City's record of agent about the insurance, and he explained their findings. He stated that they have not purchased the insurance as yet, however they plan to, and they would pay for the insurance up to the time the City's new budget comes in. He also said that it does not cost the City anything to find out whether they are of any value to the City and if not, then the Council can vote to get rid of them and the City still hasn't spent any money. He stated that they have approx- imately $700 in their treasurery. -8- ~ ~ Tape 3-A Mayor Armstrong stated that there is still a technicality that is not clear, the fact is that EVER is presently operating under a separate Charter of their own. If we are going to put this in our Charter it has to be done in compliance with House Bill 1020. Councilman Dietz stated that the attorney just got finished saying that it would be. Mayor Armstrong stated that it will have to be put in our Charter and it has to be filed with the Secretary of State. All of our amendments to the City Charter are filed with the Secretary of State, all of the amendments that we have made since that are not filed with the Secretary of State that we have on file in City Hall there is not one of them that isn1t null and void when it comes to the technicality of law. Councilman Dietz asked the City Clerk if she notifies the Secretary of State of all of these Ordinances, and if they have ever been notified? The City Clerk answered no, that she has been here three years and it has not been done. Councilman Dietz stated that all we have to do is send them a copy of what we have now, and that would be the simple way to do it. Mayor Armstrong stated that there are a number of amendments that have never been filed with the Secretary of State and are not effective. Mr. Harmon asked the Mayor why he wants to use the Rescue as a scrapgoat to cover up all of these others? He stated that the Mayor said that he is for this, yet he is fighting it tooth and nail. Mayor Armstrong stated that he resents this, he has the law to go by. Mr. Christy spoke to the Council in regard to the Fire Department not being put on a referendum. He explained that the City of Edgewater actually owns the Rescue through the Civil Defense because that is the way it was passed. . He stated that this is the only City that is trying to kick out something that the public needs. Councilman Dietz stated that we have questioned this and we asked the attorney for an opinion, he rendered his opinion, and you (mayor) indicated that he would abide by that opinion. Mayor Armstrong stated that he did not indicate that he would abide by his opinion, he stated that he has the upmost confidence in this attorney, how- ever as it has been said before it is only the opinion of another attorney. Councilman Dietz asked why do we keep spending this money for attornies' opinions when we are not going to listen to them? Mayor Armstrong stated that he does not oppose this organization or what they are doing, however why do they object to putting this on a referendum and putting it in the Charter? Mr. Bevel stated that right now we have the capability of having a certain number of individuals, which can be changed if we were part of the City. Also they can go out and buy insurance, however they can be helped just by 10 min. being part of the City. Councilwoman Webber asked the attorney if this group is allowed to solicit funds the way they have been doing? Attorney Davis stated that he can not answer this because he has no way of knowing how they have been soliciting funds. Mr. Bevel explained the way they have been raising funds, glvlng blood pres- sures, selling articles donated to them, having a rummage sale, and so on. -9- Q o Councilwoman Webber asked the attorney if he would consider this practicing medicine without a license? Attorney Davis tried to answer this. Mr. Bevel explained that the people involved in this were State certified Emergency Medical Technicians, and all that was done was within the limits of their training. All that was administered was first aid. Mayor Armstrong asked if taking a persons blood pressure and telling them that it is high or low or normal is first aid. Mr. Bevel stated that if he was to tell them that their blood pressure is such and such that is first aid, and if he tells them that they should see their doctor and have him check their blood pressure, that is doing his job as a EMT, however if he tells them that they have high blood pressure and they should get some medicine that is wrong and out of line. Tape 3-A 15 min. Councilman Sikes made a motion that we instruct the attorney to draw up an Ordinance bringing the Edgewater Volunteer Emergency Rescue Inc. into the City to be discussed at our next meeting, being seconded by Councilman Dietz. Mr. Bevel stated that he would like to know what the objections are so that perhaps he can straighten out some of the feelings against it. Mr. Walls spoke commending the volunteer work being done by this rescue. Upon roll call vote said motion DIED. Councilwoman Webber, Councilman Cairnie, and Mayor Armstrong voting NO. Mayor Armstrong stated that he will commit himself that if the Council wants to instruct the attorney to draw the Ordinance subject to a referendum at the next election he will support it. Councilman Sikes stated that the written opinion of the attorney reads that in his opinion this Ordinance will not conflict with Florida Statutes. Councilman Dietz asked if we could call a special election? Mayor Armstrong stated that he doesn't think it warrants calling a special election. He stated that the next order of business is a report on a street light. 25 min. Councilman Sikes stated that he checked on the street light and there is a light in the park area down near the river, and due to the trees the light on the street does not give the lighting as it should on the houses. There is a pole there that does not have a light on it. Mayor Armstrong stated that the light was taken out due to complaints from the residents. After discussion, Councilman Sikes made a motion to relocate the light at the end eastward to the next pole, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. At this time the tape in the recorder was not picking up the way it should and various conversation and discussion was missed. The Council discussed the Class C operator applications which have been received. It was decided that the applications would be given to the engineer on Monday night for review and his recommendation. Tape 4-A The Council discussed the Meter reader applications. It was decided that the Mayor is to call Mr. Fredericks in for an interview. There was discussion about the water department handing out the water bills. -10- u Q Mayor Armstrong stated that the next item is the Planning Board By-Laws. Councilman Dietz made a motion that the by-laws be tabled until the full board is in effect. being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. The next item is appointments to the Planning Board~ The City Clerk explained that there are some people who are interested but have not filled out applications. She listed the names that she had. 10 min. There was some controversy as to how these appointments are to be made. Mayor Armstrong explained that his appointment and Mr. Sikes appointment was lost and they should appoint a member from their zones. Councilman Dietz stated that the Council shall approve the members that go on a board, not an individual. 15 min. Councilman Cairnie made a motion that this be tabled, and that we check Ordinance 902 and 943, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Mayor Armstrong stated that the next item is from the attorney in regard to a court case, Corbett Smith. Attorney Davis explained that he obtained the file on Corbett Smith about a week ago, however he has not completely researched it. He explained that at present there is in effect an order directing that the City issue the occupational license to Mr. Smith or appear on the 24th to show cause why they failed to do so. His recommendation from examining the City code in regard to occupational licenses there are no restrictions to issuing such a license, everyone is required to have a license. He went into detail explaining this situation as he understands it. He suggested that we go ahead and issue the license and proceed with the enforcing of the zoning that we have. He also recommended that the Council take some positive action on this on the 19th of April. 25 min. Councilman Cairnie made a motion to that effect, being seconded by Council- man Dietz. Upon roll call vote said motion CARRIED. There was various discussion in regard to the junk yard business. and where one can be located. Tape 4-B Upon roll call vote said motion CARRIED. Mayor Armstrong stated that under old business he would request that the City Council authorize the attorney to draw the necessary paperwork accepting the resignation of Joseph E. Weaver, and the terminating of the Ordinance which he was employed under. also the contract that we have individually with Mr. Weaver. 5 min. The discussion went back to the license for Mr. Smith allowing him to put in a junk yard. It was brought out that just because we issue him a license we are not allowing him to put in a junk yard where he wants to put it, he will have to abide by the present zoning. Councilman Cairnie made a motion that the Council authorize the attorney to draw the necessary paperwork accepting the resignation of Joseph E. Weaver, and taking care of the termination of the Ordinance which he was employed under, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. -11- Q o NEW BUSINESS Mayor Armstrong stated that we have a request for a real estate license at 508 South Ridgewood Avenue. Councilman Dietz stated that if we refuse to give him a license we are going to get into the same trouble that we did with Mr. Smith. Tape 4-B 10 min. Councilman Dietz made a motion that we approve this Attorney Davis spoke to the Council in regard to this explaining that it may not be exactly the same as the Smith case. However the simpliest thing is to go ahead and issue these licenses, and then if there are violations of the zoning this will have to be enforced. Councilman Dietz repeated his motion to grant the request, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. Mayor Armstrong stated that we have a request from Judge Mann about adopting an ordinance to assess prosecutor's charges to defendant upon conviction. Attorney Davis spoke on this, and he answered various questions from the audience. There was quite a bit of controversy in regard to this not being fair to the defendants. Councilman Cairnie made a motion that the request from Judge Mann about the adoption of an Ordinance to assess prosecutor's charges to defendant upon conviction be drawn up. There being no second to the motion, said motion DIED. Mayor Armstrong stated that he was asked if the City was interested in purchasing the property north of the tennis court. No price was mentioned. He stated that together with the riparian rights and so forth, it would be worth more to the City than anyone else, and propably worth nO,more than $5,000. Councilman Cairnie made a motion to let the man know that we are interested if the price is right, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Councilman Dietz made a motion that we authorize the Chief of Police to do away with the time clock in his department, being seconded by Councilwoman Tape 5-A Webber. Upon roll call vote said motion CARRIED. MISCELLANEOUS At this time discussion went back to the Resolution which was previously tabled. Attorney Davis explained that he did not draw up the Resolution and he does not know the intention of the Council as to how the blanks are to be filled in. He stated that he could read the Resolution and have the blanks filled as the Council wishes. He asked what department the Mayor is to take? Mayor Armstrong stated all departments. Attorney Davis asked Councilwoman Webber. Councilwoman Webber stated that the Police Department has indicated that they would like her to be their coordinator. Attorney Davis asked Councilman Cairnie. Councilman Cairnie stated that he has no choice, after all the others are filled in he will take what is left over. Attorney Davis asked Councilman Sikes. -12- o o Tape 5-A 5 min. Councilman Sikes stated that he does not know anything about water and sewer, and his job would not allow him to walk around with the superintendentof the Street Department so there are only two the Parks, Recreation or the Administra- tion. He added that he is familiar with office management and could take the administration if it wouldn't enfringe on the Mayor's duties. There was some confusion at this point, and Attorney Davis stated that there seems to be some disagreement as to what departments presently exist in the City of Edgewater. The City Clerk explained that in the past it has been divided as Water and Sewer, Street, Garbage or Public Works, Administration, Parks, Recreation and Library and this now covers the boards and the Community Center, Police and Fire. There was more confusion and the attorney stated that all he is trying to do is complete this Resolution. Councilman Dietz stated that he could be put down for Water and Sewer. He stated that this was an Ordinance which was passed by the Council and now we are obligated to go along with the will of the Council, Mr. Mayor and Mr. Cairnie. Mayor Armstrong stated that he was just told that the suit will be filed tomorrow challanging the Ordinance we passed, and he doesn't think that he can be directed to commit an illegal act. He stated that he is obligated to the people of Edgewater in all departments. The attorney intervened at this point, stating that he still has a few blanks on the Resolution. Councilman Dieta stated that it is up to the Council to make the decisions as to who is to take what and if the members fail to fulfill their obliga- tion then there will have to be other action taken. Councilman Cairnie agreed to take the Parks and Recreation. Councilman Dietz stated that the only department left is the Street Department and there is only one blank left. Councilman Sikes stated that if there is any question about his taking the administration he would be willing to take the Parks and Recreation. The attorney explained that he still does not know where the other department is to go. Councilman Dietz stated that the Streets and Garbage will have to go to the one that is open, which is the Mayor, whether he wants it or not is his pre- rogative, but that is the one that is left. Mayor Armstrong stated that he would like to call Mr. Dietz' attention back to a little while ago when he was accused of pulling the wool over his slower thinking partners. He read further from a newspaper article, that a petition was circulated to remove Mr. Dietz from office. There was confusion and controversy at this time, Councilman Cairnie broke in and made a motion to adjourn. Councilwoman Webber stated that she attended the Zoning meeting the other night and we had discussed that we would have two members of the Zoning Board, two members of the Council, and two members of the Chamber of Commerce to go over the Sign Ordinance. They made a tentative date of the 21st, which is the same night of the Charter Revision. She stated that it would be nice if all of the Council attended this. A date was set for this meeting on the 28th. Councilman Dietz made a motion that we table until Monday night the Resolution until the attorney has time to draw up the Resolution in its proper form, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. 15 min. -13- .0 o 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 ackwell Debbie Sigler 11~-,y ~.-S:L..T /e~ ~~a7 CWdh r- J~~ ATTEST: $0/ !3lLJ/ City Cl erk ~ Approved thi s /1 day of April, A.D. 1976. !2~~--y ~4~~~~ May r -14- GENERAL FUND City of Edgewater General Fund Oasis Car Wash City of Edgewater WW & SS . Flori da Power & Light Southern Bell J. E. Tumblin New Smyrna Beach News Governmental Guides, Inc. Publ ic Gas Taylor Brothers Mac Smith Equipment Co. Frank Hall Plumbing Co. Burns Janitor Service Gator Automotive Parts New Smyrna Builders Supply Goodyear Service Southern Paint Magnolia Motor Co. Smyrna Auto Parts, Inc. National Fire Protection Assoc. Gasoline Alley New Smyrna Chrysler Plymouth Industrial Office Outfitters National Chemsearch Diversified Electronics Hughes Supply WATER AND SEWER City of Edgewater WW & SS Florida Power & Light Miami Herald Southern Bell News Journal Corp. Smyrna Auto Parts New Smyrna Builders Supply Stover Dobbs Armature & Pump Service Birch's Cycle Shop Badger Meter Hughes Supply o q BILLS AND ACCOUNTS fltl?/L 8, 1976 '-., Petty Cash P.O. Street, Ballpark Fire, Ballpark, Multi-games City Hall, P.O., Fi re Insurance Council City Clerk Street P.O. Street Com. Ctr. Com. Ctr. Street Fire Street, Garbage City Hall Street, Garbage P.O., Street Bldg. Official P.O., Street P.O. Finance Director, Misc. Street P.O., Street, Fire Street 48 85 16:00 12.65 127.66 187.76 706.00 8.40 6.00 12.83 50.00 4.80 11.36 13.70 57.88 351.74 240.21 8.16 143.66 45.78 33.39 24.50 6.83 205.08 203.30 67.25 2.10 2,595.89 Sewer Water and Sewer Water and Sewer Sewer Water and Sewer Water Sewer Sewer Sewer Water Water Water 6.60 360.86 45.00 18.58 15.48 6.91 16.58 9.20 247.00 35.30 408.92 130.55 1,300.98