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03-11-1976 - Regular Q o Tape 1 Side A CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA REGULAR MEETING HELD MARCH 11, 1976 Vice Mayor Webber called the regular meeting of the City Council of the City of Edgewater, Florida, to order Thursday, March 11,1976 at 7:30 P.M. Mayor Dana T. Armstrong Vi ce t'1ayor Ryta F. Webber Councilman William H. Cairnie Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney Joseph E. Weaver City Clerk Sue Blackwell Police Chief Earl D. Baugh Excused Present Present Present Present Present Present Present -, ~ "'f~~ ~f ttll Df ~.,: ~. niij~j\?_h~ t', ~i~_ . ~!;,.j "It 1!::1 "'-' ,,'.~\L rIa iIi ~ ROLL CALL INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES Councilman Dietz made a motion to approve the minutes of the regular meeting held ' February 26, 1976, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. BILLS AND ACCOUNTS The City Clerk stated that there are some corrections on the bills: Under General Fund, Eckerds was changed to Officer Paul Page because he paid for the film himself, J.E. Tumblin was reduced due to a credit which was received for over $500.00, because the 1948 International was taken off. Under Water and Sewer, the Permutit bill was changed from a sewer bill to a water bill. The Taylor Brothers bill was decreased due to part of it already being paid. Councilman Dietz stated that since we are on this subject, and one truck being taken off of the policy took us back over $500.00, maybe it would be a good idea to have the insurance-checked out. Councilman Dietz made a motion that we have all of our insurance checked by Mrs. Blackwell, and Mr. Sikes, being seconded by Councilman Cairnie~ Councilman Sikes stated that we need to find out whether they are depreciating these vehicles. Upon roll call vote said motion CARRIED. Councilman Sikes made a motion to approve the bills and accounts as corrected, being seconded by Councilman Dietz. 5 min. Councilman Cairnie questioned Mr. Weaver's bill, stating that he still does not understand one item which is the preparation for Pat Wilson's hearing in the amount of $95.00. He stated that he wants to know who authorized that hearing, and why are we billed for a hearing for Pat Wilson? Attorney Weaver stated that he explained this at the workshop. He said that the Mayor and he went over this last Friday. Q o Councilman Dietz asked who authorized this? Attorney Weaver stated that Mayor Armstrong did, and at that time you had had the request on the Merit Board hearing. Upon roll call vote said motion to pay the bills CARRIED. COMMUNICATIONS: Certification of Posting The City Clerk read a proclamation request from the Edgewater Public School, for Edgewater Public School Bicentennial Spring Thing III Week. Councilman Sikes made a motion that the City issue a Proclamation setting aside the week of March 21 through 27 as Edgewater Public School Bicentennial Spring Thing III, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. The City Clerk read a letter from Herbert R. M. Bratcher, Director of Parks and Beautification, requesting a truck and a laborer/loader for the project under way by the Boy Scouts of America as the cleanup of litter along U.S. Highway #1 ? from Florida Shores on the South to the Volusia County line to the North. (Notth C;~/lv:;":ts) Councilman Cairnie made a motion that this request be granted and a truck be furnished, and the supervisor at the City garage can suggest which driver can be available, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. The City Clerk read a request for fire protection from Mr. and Mrs. R. W. Havenor, their address being #13 Sand Dune Drive, Silver Sands Subdivision, New Smyrna Beach. Councilman Sikes made a motion that we authorize our clerk to write to the Havenors and advise that we would like to be able to help but due to the condition of the traffic going to and from the beach it would be an impossibi- lity to serve them, being seconded by Councilman Cairnie. Councilman Dietz stated that she should also be advised to contact her County. Upon roll call vote said motion CARRIED. The City Clerk read a letter from Mrs. W. I. White, Jr., commending officer Paul Page of his courteous actions upon finding her aunt dead, and in breaking it to her sister. The City Clerk read another letter from Mrs. H. F. Jespersen also commending the officer's actions, asking that the officer be thanked. The City Clerk stated that both of these letters were about Officer Paul Page, and she stated that she also has his certificate from the seminar he attended. 15 min. Vice Mayor Webber stated that a commendation of merit should be put in his file. At this time the floor was given to Mr. Fernandez to explain his communications. Mr. Fernandez stated that an amendment should be made to the contract between Briley, Wild and the City of Edgewater, in order to give the Environmental Protection Agency, the Comptroller General of the United States, the Department of Labor Owner, and the Florida Department of Environmental Regulation the right to audit their records. He stated that this could just be added to the present contract, if it is acceptable to the City. Attorney Weaver suggested that a Resolution could be drawn up to make this amendment to the contract, so that there is some official record of the change. Councilman Sikes stated that this seems to be to our advantage, if it becomes necessary, the State can come in and check over the work of our engineers. -2- Tape 1 Side A 20 min. 25 min. Tape 1 Side B 5 min. 15 min. o o Attorney Weaver stated that this may be an advantage, however it is required. Councilman Dietz made a motion that we instruct the City Clerk to draw up a Resolution and making this adendum to the original contract with Briley, Wild, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. Mr. Fernandez now spoke on the letter in regard to the South Coastal 201 Planning. He went over the Plan of Study which was outlined by New Smyrna Beach and their engineers. He explained that what they are recommending what they feel is the best method for Edgewater to have a strong say in the plan without having a large number of dollars to invest. He added that each one of the twelve items in the plan must be investigated, either by New Smyrna Beach or Edgewater doing it and possibly a more thorough analysis in its own area. Going into this would give Edgewater a direct involvement and choice in how much particular items will cost. He said that the final items would be the kind of items that if we did not participate in this agreement, would fall under the City engineer account, and would not be reimbursable under the Federal Act. Vjce Mayor Webber asked what indication will we have that we will not have to pay the $17,454.00? Mr. Fernandez stated that we will not begin any work until the grant offer was received. Councilman Dietz stated that in his conclusion, this money that we will invest, a little over $4,000 is in essence buying us an insurance policy as to the future of the City of Edgewater. In the past when we went to get our grant for our present sewer plant, we ran into trouble. The County refused to give us a per- mit because we were not an accepted member of the Clark Dietz Plan. If we do not participate in this, we will be in that same position again. Councilman Cairnie asked Mr. Fernandez if it is correct that the grant has to come through first before you start any work on this? Mr. Fernandez stated that this is correct. Councilman Sikes asked about the billing from Briley, Wild. He questioned whether the bills were identified as to a contract entered into per letter dated and so forth? He added that we do not know who might be on this Council in the future. Mr. Fernandez stated that the bills could be identified if the City wishes. He said that the details in this billing have not been worked out yet. Councilman Dietz made a motion to instruct the Attorney to draw up a Resolution entering into a contract for the Plan of Study as outlined by Briley, Wild as of March 3, 1976, providing that the grant money is available, being seconded by Councilman Sikes. Mr. Fredericks asked a question in regard to the population growth which was mentioned. Councilman Dietz stated that this is not just Edgewater, it is for the whole Southeast Vo1usia County that is involved in this plan. We will just partici- pate in a portion of this. It is New Smyrna's plan and their bill, we are only buying a portion of it. Mr. Fernandez read from the Plan of Study the specific items which are included in the plan, and the sum owed by Edgewater if they participate. Mr. Bevel asked without this survey, at a later date if we find it necessary to do work at our water or sewer plant, where will we stand as far as Federal aid is concerned? Councilman Dietz stated that we would not only be out in the cold but we couldn't even get a license for any alterations or additions to our plant, we would be obligated to do it under New Smyrna's 201 plan and we would have no say whatsoever. -3- o o Upon roll call vote said motion CARRIED. The City Clerk read a letter from the Edgewater Volunteer Emergency Rescue requesting that they be given a place on the next agenda for discussion and reconsideration of the proposed ordinance in regard to their rescue. Councilman Dietz stated that he feels they have the right to be put on the agenda. Vice Mayor Webber stated that they should be placed on the agenda. Councilman Dietz stated that we have some questions to ask Rick before he goes in regard to the landfill. Vice Mayor Webber asked if there are any questions on the landfill. Councilman Dietz asked if Mr. Fernandez if he has inspected the garbage site, and if it is being constructed per his plans? Mr. Fernandez stated that it is not quite deep enough, the water quality in the ditch is still what it was the last time it was inspected. You need a positive method of removing the water from that ditch. Councilman Dietz stated that he spoke with Mr~ Wild and Mr. Fernandez as to the possibility of specifications for putting our garbage collection on a contract, and how much they would charge us to draw up these specifications which would be $500.00. Mr. Fernandez stated that this would be a taylor-made bid with requirements from the City. 25 min. Tape 2 Side A Vice Mayor Webber stated that there has been a lot of work done and a lot of time expended. Mr. Fernandez spoke on this, explaining that if something is not done, you are going to have to put some sort of a facility out there to treat the water in the ditch. Vice Mayor Webber asked if he thinks that the cost of putting a treatment plant out there would be prohibited? Mr. Fernandez stated that he thinks it would be excessive. He added that he feels that you will be surprised at the cost of going to a franchise on this, the cost might even be less expensive than the cost to Edgewater now. Vice Mayor Webber stated that there was a young man at a meeting who suggested that he would probably use our landfill. Mr. Fernandez stated that if the City would like to sell the site to him and - relieve yourself of having to bring it into compliance it would be to your advantage,either to do that or close the landfill site however if you go to a franchise there is no way that you want to maintain operation to that site or any responsibilities to it. Councilman Sikes questioned if Mr. Fernandez is suggesting that we go no further with our present landfill? Mr. Fernandez stated that without having a definite place to put the water that the ditch collects, the ditch is of no value. He stated that the landfill is an attractive site, however it does not meet the State requirements. The study that was made of the landfill sites in the area was not that comprehensive, it was an overview of where landfills were and what ones were permitted and which ones were under temporary permits and subject to closing terminations. Yours was going to go under the closing operations and we went through and prepared a program that would bring it into compliance. -4- o u Councilman Dietz asked if what Mr. Fernandez is trying to say is that what we are _-going now is a ~aste of time and a waste of money, and it looks futile? Mr. Fernandez stated that it looks very bad for you to have a successfull operation out there. It is going to be expensive to operate out there. Councilman Dietz made a motion to instruct the City Attorney or the City Clerk, whoever is capable of doing it, to draw up a Resolution authorizing Briley, Wild to draw up bid applications for the City of Edgewater for a service con- tract for garbage and trash pick up, being seconded by Councilman Cairnie. 5 min. Councilman Dietz stated that he would like to make an addition to this, that the bids are not to exceed $500.00. Mr. Fernandez stated that he would like disposal added to that also. Mr. Fredericks asked about all the work that has been done at the landfill,and now it is no good? Councilman Dietz stated that as of August 14, 1975 it was recommended by Briley, Wild to the previous Council, and to this Council since then that we farm this out for bids, and that it would be a futile attempt to try to salvage this land- fill. 10 min. Mr. Christy asked if the Council has any idea what franchising this out is going to cost the City? It was explained that this is what we are trying to find out, by having the bid specifications drawn up and put them out for bids; we will see how much it is going to cost us. Mr. Gross stated that there was a man at the meeting the other night, he was interested in buying the landfill, and his figure for the garbage pick up was less than it is now. Vice Mayor Webber stated that it was the same amount. Mr. Opal spoke to the Council about this stating that no work was done at the landfill from last April until January of this year. He stated that Mr. Bryant use to tell us that that dump was good for ten years. Upon roll call vote said motion CARRIED. Councilman Sikes reminded Mr. Fernandez that we have a franchise already with Triangle Services and this should be kept in mind. Mr. Christy asked if there will be a Public Hearing in regard to this. Mr. Fernandez stated that possibly a Public Hearing might be in order before we begin with the specifications and this way the public could determine how they want the refuse picked up, then after the bids come in it could be deter- mined whether it is worth more money to them to have one type of service over another. Vice Mayor asked for the next communication. The City Clerk stated that she has some letters which Mr. Wharton brought to her. The City Clerk read a letter from Mr. PaulO. Biggerstaff resigning from the Planning Board. The City Clerk read a letter from Mr. Wharton in regard to Mr. Biggerstaff's resignation, asking that another member be placed on the board to fill his vacancy. The City Clerk read a letter from Mr. Wharton asking if the Council has considered the names of Steve Dennis, Frank Opal and Donald Ramsey as new members of the Planning Board. The City Clerk read a letter from Mr. Wharton stating that it was decided by the Planning Board to ask the Council to have one of the VCOG1s professional planners meet with the board at their meeting April 13. -5- Tape 2 Side A 25 min. Tape 2 Side B 5 min. o o Vice Mayor Webber stated that Mr. Dietz had a very good suggestion at the workshop meeting of joining the Planning Board with the Zoning Board. She stated that she attended a VCOG meeting and she spoke with Mr. Briggs, and he thought that this is an excellent idea. Councilman Dietz spoke on this, explaining that we can not have a combination Zoning and Planning Board, they have to be separate boards. However we need more people on the Planning Board, and instead of taking new people, it would be smart to take the people who were involved in it before and put them on the Planning Board. He suggested that we combine the Zoning Board and the Planning Board and make it the Planning Board, then take the Board of Adjust- ments and make it a Zoning Board, then the Council could act as a Board of Adjustments. Vice Mayor Webber stated that time is of the essence. There was much confusion as to exactly what was meant. Attorney Weaver spoke to the Council that we worked several months to get knowledge on the Board of Adjustments. This is highly technical and every question they handle is hard and they don't need to be shifted around. They are doing a great job right now, it is being run like a military establishment and everyone is treated fairly. He added that the Zoning Board is the same way, they are an extremely knowledgable. The thing that must be realized is that these things must work together. You must have knowledgable people on all of these boards for your planning to come out right. Councilman Dietz stated that he feels that the most demanding boards that we have presently is the Planning Board, and we have to get people who are knowledgable to put on it. We can put the Zoning Board members on the Plan- ning Board and put the Board of Adjustments members on the Zoning Board be- cause they know the ins and outs of the Zoning Board. Attorney Weaver stated that the Board of Adjustments most decidedly is different from the Zoning Board, they are not concerned with rezoning property. Councilman Dietz stated that we are in a bind for people. Attorney Weaver stated that he agrees, however please don't sacrifice especially the Board of Adjustments, perhaps you could take some members from both the Board~of Adjustments and some members from the Zoning Board, which would give you a real good mixture to put on the Planning Board. Councilman Sikes asked if one person can serve on two boards? Attorney Weaver stated that he sees no problem with this since they are all advisory boards to the Council. Councilman Dietz stated that he would like to bring the Council up to date, that ~ we have never as of yet reappointed the Board of Adjustments. It has never officially been reappointed. Councilman Sikes stated that he believes that we did reappoint the board, however we did not reappoint the member who resigned to run for Council. There was some confusion in regard to this. Vice Mayor Webber asked the City Clerk to explain this. The City Clerk explained that Mrs. Nichols has been reappointed for a three year term, Mr. Fenske was reappointed for a three year term. Mrs. Murphy's term either expires this year or she has another year. Councilman Dietz stated that he is not speaking of each individual member, but the board as a whole. He added that he does not go for this three year thing, one year is enough and if you do a good job you will be reappointed. -6- o o Tape 2 Side B 10 min. Councilman Cairnie stated that before we do anything we should pole the various members to see if they would be willing to serve on both boards. Councilman Dietz stated that they would not be serving on both boards, they will only be on one board, because if you remember the reason for the division of the board in the first place was because one board is in fact a planning board for the future the other board is a board of judicial basis and the two boards should not go together. Attorney Weaver stated that he could possibly see a conflict there. He added that he agrees that the Planning Board needs more members, however he hopes you can see his meaning in not taking all of the members from the other boards. Councilman Dietz stated that we have been putting this off and now we have to find a remedy for it. Vice Mayor Webber spoke that we should find the feelings of the members first. It was mutually agreed that all but two members on the other boards would be asked to go on the Planning Board, and then we will bring the other boards up to their strength by reappointing new members. Vice Mayor Webber suggested that we invite these board members to meet with us at the workshop meeting the 22nd. Councilman Dietz made a motion that we invite all of the boards involved, the Planning Board, Zoning Board and the Board of Adjustments prior to the agenda session, March 22nd at 7:00 to be consulted on what we are working on, being seconded by Councilman Cairnie. Mr. Bevel stated that perhaps the chairmen could tell you of members who were working on the boards in the past and who may be interested in being on this. Mr. Gross stated that Phyllis Woodard resigned from the Board of Adjustments and she has asked several times to be reappointed and he would like this con- sidered. Vice Mayor Webber stated that she should be here on the 22nd. Upon roll call vote said motion CARRIED. Vice Mayor Webber asked what the Council feels about Mr. Biggerstaff's resignation. Councilman Cairnie made a motion that we accept his resignation with regret, being seconded by Councilman Dietz. Councilman Dietz asked Mr. Biggerstaff if he has changed his mind, and stated that we appreciate his work. Vice Mayor Webber asked if we could talk him into changing his mind? Mr. Biggerstaff stated no. Upon roll call vote said motion CARRIED. Vice Mayor stated that as far as the other communications, let's wait until after the meeting on the 22nd and we will take care of this. RESOLUTIONS: RES. NO. 641 A RESOLUTION ESTABLISHING A PETTY CASH FUND FOR THE CITY OF EDGEWATER, FLORIDA IN THE AMOUNT OF ONE HUNDRED AND NO/100 DOLLARS, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Weaver read the Resolution in full. Councilman Sikes made a motion that we adopt this Resolution, being seconded by Councilman Dietz. Councilman Cairnie asked if this is going to be enough? -7- o o The City Clerk explained that she thinks it is going to be, and going to the meetings every Monday, it should be. Upon roll call vote said motion CARRIED. RES. NO. 642 A RESOLUTION TRANSFERRING $2,128.21 FROM THE EMERGENCY AND CONTINGENCY FUND (ACCOUNT NUMBER 1416) TO FIRE DEPARTMENT CAPITAL OUTLAY FOR NEW EQUIPMENT (ACCOUNT NUMBER 725) REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PRO- VIDING AN EFFECTIVE DATE THEREFOR. Attorney Weaver read the Resolution in full. Councilman Cairnie made a motion to adopt this Resolution, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. RES. NO. 643 A RESOLUTION AWARDING BID ON ONE TON TRUCK WITH UTILITY BODY FOR VOLUNTEER FIRE DEPARTMENT TO LUKE POTTER DODGE OF WINTER PARK, FLORIDA IN THE AMOUNT OF SEVEN THOUSAND ONE HUNDRED TWENTY EIGHT AND 21/100 ($7,128.21) DOLLARS, REJECTING ALL OTHER BIDS, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Weaver read the Resolution in full. Councilman Dietz made a motion to adopt this Resolution, being seconded by Councilman Cairnie. Councilman Cairnie asked if the Clerk can certify that we have the funds? The City Clerk stated that the funds are available with the transfer being made. Upon roll call vote said motion CARRIED. RES. NO. 644 A RESOLUTION AMENDING RESOLUTION APPOINTING A BOARD OF GOVERNORS TO INCLUDE LLOYD SORENSEN, PROVIDING THE TERMS OF SAID APPOINTMENT, REPEALING ALL RESO- LUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Weaver read the Resolution in full. Councilman Sikes made a motion that we adopt this Resolution, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. ORDINANCES: ORD. NO. 948 AN ORDINANCE ESTABLISHING THE AMOUNT OF UTILITY DEPOSIT TO BE PAID TO THE CITY OF EDGEWATER, FLORIDA BEFORE UTILITY SERVICE BEGINS, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Weaver read the second reading of this Ordinance by title only. Councilman Dietz made a motion that we adopt this Ordinance, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. Tape 2 Side B 20 min. ORD. NO. 949 AN ORDINANCE PERMITTING THE SALE OF ALCOHOLIC AND INTOXICATING BEVERAGES BETWEEN THE HOURS OF 12:30 P.M. TO 12:00 MIDNIGHT SUNDAYS AND PERMITTING BARS AND TAVERNS WITHIN THE CORPORATE LIMITS OF THE CITY OF EDGEWATER TO BE OPEN PAST THE PRESCRIBED CLOSING HOURS UPON SPECIAL HOLIDAYS, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Weaver read the second reading of this Ordinance by title only. Councilman Dietz made a motion that we adopt this Ordinance, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. Councilman Sikes voting NO. -8- o o ORD. NO.950 AN ORDINANCE ESTABLISHING REGULAR CITY COUNCIL MEETINGS EVERY MONDAY NIGHT AT 7:30 P.M., PROVIDING FOR A REGULAR MEETING PLACE, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Weaver read the first reading of the 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. 951 AN ORDINANCE ESTABLISHING THE ASSESSMENT OF ONE DOLLAR AGAINST EVERY PERSON CONVICTED FOR VIOLATION OF A MUNICIPAL ORDINANCE, OR STATE STATUTE, HOWEVER, EXCLUDING VIOLATIONS RELATING TO THE PARKING OF VEHICLES, ASSESSMENTS SHALL 25 min. 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. Attorney Weaver read the first reading of the 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 PROVIDING AN EFFECTIVE DATE THEREFOR. Tape 3 Side A Attorney Weaver read the first reading of the Ordinance in full. There were questions as to the change that was made. Attorney Weaver read Section 3 again to the Council in regard to an emergency situation. He explained that he is trying to keep the co-ordinator in an advisory capacity. Councilman Cairnie questioned the need in this since we are going to have meetings every Monday night? Councilman Dietz stated that some emergency could come up on a Tuesday, and instead of calling the Council back in session, the supervisor and the Council Co-ordinator could make the decision. Vice Mayor Webber called for a motion on the floor so that this can be discussed. Councilman Dietz made a motion to adopt this Ordinance, being seconded by Council- man Sikes. Councilman Cairnie stated that he would like to see a lesser amount in there. Councilman Sikes explained that the Council can spend up to $2,000 without going out for bids, and we did give the City Manager the authority to spend up to 1,000, so we are not giving a Co-ordinator any more authority, and he should come to the Council and report this. Upon roll call vote said motion CARRIED. Councilman Cairnie voting NO. 5 min. OLD BUSINESS: Vice Mayor Webber stated that she would like to hear a motion to adopt the Planning Board1s By-Laws, as changed. -9- o o Councilman Dietz questioned the three year terms. Councilman Cairnie made a motion that this be tabled until after the meeting on March 22nd, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Vice Mayor Webber stated that she would like to hear a motion to advertise for a Class "C" Operator Councilman Dietz made a motion that we instruct the City Clerk to put this in the Miami Herald, Orlando Sentinel, News Journal, also inform the unemployment bureau the need of a Class "C" Operator in the City of Edgewater, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. Vice Mayor Webber stated that she would like to hear a motion to raise the Council IS salary. Councilman Dietz made a motion that the attorney be instructed to draw up an Ordinance that would raise the salary of the Mayor and the Council members One Hundred ($100.00) Dollars a month for each member, being seconded by Councilman Cairnie. Councilman Sikes stated that he figures that we could give the merit raises for every employee that is with the City for the amount of money that we are voting to give ourselves. Councilman Dietz stated that when the Co=ordinator System goes into effect, it will take a little more of our time. Councilman Sikes stated that when we got into this, we all knew what the salary was and he doesn't feel that we got into this for the money that was involved. He stated that we have denied raises that have been included in our budget and we are turning around and giving ourselves more money. 10 min. Mr. Gross spoke to the Council about this, stating that things have changed, and the responsibilities and the amount of time spent by the entire Council have greatly increased in the past several years, and the salaries should be increased. Mr. Opal spoke to the Council on this, stating that he feels that perhaps a 10% increase across the board would be appropriate. Vice Mayor Webber stated that she attended the VCOG meeting and this subject was brought up, and even the Council in New Smyrna Beach, receive $400.00 a month plus $25.00 for every special meeting. Upon roll call vote said motion CARRIED. Councilman Sikes voting NO. The City Clerk stated that the next item is from the Board of Adjustments: 15 mi n. NEW BUSINESS: The City Clerk read the recommendation from the Board of Adjustments in regard to the variances considered at their last meeting. Variances were granted to Mr. Thomas M. Hay and Mr. Clifford C. Rayl. Councilman Dietz made a motion to accept the recommendation of the Board of Adjustments, being seconded by Councilman Sikes. Attorney Weaver explained that the Mayor suggested that we handle these variances by Resolution so that it will become part of public record. Councilman Sikes withdrew his second, Councilman Dietz withdrew his motion. -10- o o Councilman Dietz made a motion that we instruct the attorney to draw up a Resolution for these variances, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. Vice Mayor Webber stated that the next item is for the City Clerk to attend a seminar. The City Clerk explained that the registration is $45.00, it is Monday, Tuesday and Wednesday, April 5,6 and 7 in Orlando, on Financial Disclosure, Standards of Conduct, Risk Management, Collective Bargaining, Uniformed Accounting, Financial Reporting, Records Management, Update on the Sunshine Law, Federal Revenue and other grant accounting, Liability of public officials. Councilman Dietz stated that he does feel that someone should go. Councilman Sikes stated that there are changes in the disclosure law, and this might be some of it. He asked the City Clerk what other expenses she would need. The City Clerk stated that just her mileage. Councilman Sikes made a motion that we authorize the City Clerk to attend the seminar in Orlando on April 5,6 and 7, with the expenses being paid, being seconded by Councilman Dietz. Councilman Dietz stated that he would like for the City Clerk to take notes and come back and make a full report to the Council so that we get the complete knowledge of what is planned for us. It was suggested that she take a tape recorder along with her. Upon roll call vote said motion CARRIED. 20 min. Vice Mayor Webber stated that Councilman Sikes brought up the question as to whether we would like to buy the cars that have been turned in by the Highway Patrol for our Police Officers. We would assign a car to the Policeman and he would be allowed to use the car throughout the City and one mile outside the City limits. People would see more cars on the road, the cars would be better maintained because each man would be responsible for his own car. Councilman Dietz asked Vice Mayor Webber if we could hear the Chief's opinion on this. Chief Baugh stated that he is all for this. Councilman Sikes stated that he has wanted to bring this up several times however he felt that he should wait until we had our Chief of Police. He stated that these cars would have to be on inspection at all times and if they are not within a certain condition the men are reprimanded. The High- way Patrol can give us the serial numbers of good cars, which we could get for $1,000 to $1,400. We could possibly get three or four cars for what we 25 min. don't now even have the money for one. Councilman Sikes made a motion that we authorize the Chief of Police to check into the possibility and cost of securing as many cars as we can up to $5,000, this to be done with the Co-ordinator of his department if one is appointed, being seconded by Councilman Dietz. Mr. Fredericks asked a question about this. Councilman Sikes explained that we will buy as many cars as we can up to $5,000, and the officers who have worked longer would have a choice of the cars, the ones we presently have would go to the younger officers. Then if there is an accident or an emergency, a patrolman could be called on duty and have their car right with them. -11- Tape 3 Side B 5 min. 10 min. o o Mr. Fredericks asked if this is going to cause the insurance to go up? Chief Baugh stated that the insurance remains roughly the same, however of course there will be stipulations put in as to where and when the cars can be used. Mrs. Rich asked why the State is getting rid of these cars when they only have 50,000 miles on them? Chief Baugh explained that there is a State Statute that they have to trade their cars roughly every 50,000 miles. These vehicles are one of the best maintained vehicles on the road today. He explained that he can get the numbers of the best cars that are going to go out for bid. Mr. Gross stated that he does not agree that the families should be driving around in the police cars due to the guns and so on. Chief Baugh explained that these things could be worked out, however as far as the guns are concerned, they are to be put in the trunk at all times. Upon roll call vote said motion CARRIED. The City Clerk read a recommendation from the Merit Board in regard to the special session March 10, 1976 in regard to the termination of Patrick P. Wilson. The recommendation was to reinstate Mr. Wilson with all back pay and benefits, the reason being that the entire City Council has not acted upon the supervisors letter of termination and the Merit Board can not take action until the Council does. Councilman Dietz made a motion to accept the recommendation of the Merit Board, being seconded by Councilman Cairnie. Councilman Cairnie stated that the reason for the Merit Board's decision was that the Council did not take action on this, and he feels that we did. The City Clerk explained that Mr. Wilson was recommended for a merit raise, and this was acted upon. Councilman Dietz asked the attorney if it is correct that a law has bean broken and we are now trying to amend that and then the action can be taken from there on. Attorney Weaver stated that this is simply to comply with the Merit Ordinance. The situation did not come before the City Council. Councilman Dietz stated that in other words he has not been legally terminated? Attorney Weaver stated that this is correct. There was a question from the audience in regard to this. Attorney Weaver tried to explain that the Merit Board determined that the request for a hearing was not actually before them since the regulations dealing with termination were not followed. This is simply reinstating Mr. Wilson to where he was, and the recommendation from Mr. Thomas still stands and if the Council acts favorably upon his recommendation, then Mr. Wilson will have the right to appeal to the Merit Board and go through the hearing. There were several comments from the audience, that if a man deserves to be fired, he can not be discharged from his job until the Council meeting is held and the Merit Board looks over the matter and it comes back to the Council? Attorney Weaver stated that he can be suspended immediately. He read from the Merit Ordinance. Councilman Dietz stated that the matter that is before the Council right now is that the Merit Board recommendation is that the dismissal was improperly done because it was not with the approval of the Council. The procedure which should have taken place was Mr. Thomas should have suspended Mr. Wilson without pay until such time the Council could take a vote on it, which was not done. The action was taken without the knowledge of the Council. Now the recommendation -12- o o is to correct the error, then the Council can proceed with the recommendation of Mr. Thomas. There was still much confusion from the audience in regard to this. Upon roll call vote said motion CARRIED. Councilman Cairnie asked if Mr. Thomas is present, and if he is here to present charges against Mr. Wilson? Mr. Thomas stated that he has submitted a written recommendation. Councilman Cairnie made a motion that upon Mr. Thomas I recommendation, that Mr. Pat Wilson be discharged from employment with the City of Edgewater. Councilman Cairnie read the recommendation from Mr. Thomas. Councilman Dietz stated that he would second the motion to get the question on the floor. Councilman Dietz stated that this man has an appeal to the Merit Board however their decision will not be final because the Council can override their decision with a simple majority. 20 min. Councilman Dietz stated that all of the facts are not known, he stated that he did check with Mr. Fernandez in regard to the capabilities of Mr. Wilson, and he stated that the man has the capabilities and he knows the job. He stated that he hates to see the City lose a Class C Operator over personal reasons. He asked the supervisor if things could be changed? Mr. Thomas stated that everybody has to cooperate, if you lack the cooperation it doesn't work. We have other men with more service than Mr. Wilson and if one man says that he is not going to do this or that the other men and himself have to go and do these things, and this is not fair. Councilman Dietz asked Mr. Thomas if he feels that we can salvage Mr. Wilson and change his ways and make him a good City employee out of him? Mr. Thomas stated that he thinks that is up to him. The man is a good worker up to a point, but when he refuses to work what can you do? Do you make him wish that he had done what you want him to do? Councilman Sikes questioned the attorney that if Mr. Wilson is going to have a hearing, are we doing the right thing now? Attorney Weaver stated that at this point the Council has the right to know the facts. Councilman Sikes stated that we know that we are having problems in the Sewer Plant with the reports not getting out. Mr. Ohrwall hasn't had the time or the help to do it. Is there any reason why Mr. Wilson can not work in the Sewer Plant? He stated that he does not go along with anyone telling their supervisor that they won't do something. He could have come to the Council however there have been certain circumstances that maybe he didn't feel he could come to the Council. We have alreaqyadvertised for a Class C Operator and have not been able to get one, if we could work him in and put him on a probationary period, however we would have to go along with the recommendations of Mr. Thomas and Mr. Ohrwall, because they are the superintendents. Vice Mayor Webber stated that she agrees that the supervisors should have the final say. Councilman Cairnie stated that Mr. Wilson did work in the Sewer Department, but Mr. Ohrwall had the same trouble with him so he got him out of the department. -13- o ~ Councilman Dietz stated that he would like to remind the Council that Mr. Sauers liked his work at the Sewer Plant but he could not tolerate the badgering and so forth given to him at the plant so he resigned. We have lost two Class C Opera- tors from the Sewer Plant prior to this one. Do you think possibly that we are 25 min. treating the wrong end of the cancer here? He added that if there could be some way of salvation it should be done, possible a trial period, however it is up to Mr. Thomas. Tape 4 Side A Mr. Thomas stated that possibly Mr. Wilson was misinformed by the City Manager. He was told that he did not have to read meters and he did not have to work week ends. He said he had a contract to this effect with the City Manager. At this time the Sewer Plant Supervisor, Mr. Ohrwall spoke to the Council in regard to the three men who left the Sewer Plant, and explaining their reasons for leaving. He stated that it was the money and the time and so on. Councilman Dietz asked if it wasn't true that Mr. Wadsworth just recently got a raise? Mr. Ohrwall stated that he did get a raise, however he did not get what was recommended. Councilman Dietz asked why he was not increased according to the recommendati~n of the Superintendent? Mr. Ohrwall stated that he did not understand why. Vice Mayor Webber stated that this is all irrelevant right now. Mr. Ohrwall spoke to the Council about Mr. Wilson explaining that he did not know how to do some of the things that he said he knew how to do. Vice Mayor Webber stated that the question that has been asked is would you want Mr. Wilson back working with you at the Sewer Plant? Mr. Ohrwall stated that you can have his keys, he would not. Councilman Dietz stated that he spoke to Mr. Fernandez about this matter,and they will not take sides on this issue however they did suggest that to find out the facts and see if we are getting the right reports, that they send a man down to work at the Sewer Plant to check all the aspects of it for a one week period and they will give us a report. Vice Mayor Webber stated that she appreciates that, however it has nothing to do with this case, this is Pat Wilson1s case and we should get this straightened out first. Mr. Wilson was given the floor. He stated that he worked at the Sewer Plant for three months and the City of Edgewater was using his certification on their reports. He stated that he told them that he would not work the Sewer Depart- ment because of falsified reports. He stated that he took verbal abuse by both Mr. Ohrwall and Mr. Thomas, this is why he called in the Federal Wage and Hour Commission. The EPA has been notified and they are sending their people in and 5 min. also DER out of Orlando, and the falsified reports are going to come up real soon. He stated that it doesn't matter if he is fired, because he has another job. Vice Mayor Webber asked Mr. Wilson if he has worked at other Sewer Plants before? Mr. Wilson stated that he has. Vice Mayor Webber stated that there is nothing on his application that shows that he has ever worked at a Sewer Plant before. He stated that he was sure Orange County was on there and Wastewater Treatment was also, because he had his license before he came to Edgewater. Vice Mayor Webber stated that this complaint is not against his ability, or his work, the complaint is about his attitude. -14- o o Mr. Wilson stated that his attitude is that he wants quality for the people in this City and not what they are getting now, and he was guaranteed when he came to work here, by Mr. Bryant, that he would not have to work week ends. He added that he has a statement coming from him to this effect. Vice Mayor Webber stated that it is a little late now for this statement. Mr. Wilson stated that according to the Federal Wage and Hour Commission it is not too late to get this statement from Mr. Bryant. Councilman Dietz asked the attorney if a verbal contract with the City Manager would be-binding in this case? Attorney Weaver stated that he was not sure, that you are dealing with a highly precise area of law, the Wage and Hour Law. Councilman Cairnie asked Mr. Wilson, if he is so loyal to the City of Edgewater, why was it necessary to write to Washington, Orlando, Tallahassee, without sending the information to the City Council? Mr. Wilson explained that he was told to keep his nose out of City business. He added that he does not need the City of Edgewater, he has a job that starts Monday, and if he is terminated it does not matter. The Federal Wage and Hour Commission, DER and the EPA will all be in here. Vice Mayor Webber stated that she does not like these threats. Mr. Wilson stated that they are not threats it is a fact. Councilman Dietz called for the question. 10 min. Upon roll call vote to terminate Mr. Wilson, said motion CARRIED. Councilman Dietz stated that he thinks it would be proper to ask the gentleman if he still wants to appeal to the Merit Board? Mr. Wilson stated yes, his letter still stands. There were questions from the audience. Vice Mayor Webber stated that he has requested a Merit Board hearing and dis- cussion will be at that time. The City Clerk explained that Mr. Lonnie Harvey built a home and sold it without connecting to the water system, there was no extension of the line involved the water line was directly in front of the house. She stated that he has been out of the Country for about three months, on March 4,she sent him a letter asking for payment. She explained that Mr. Harvey came into her office, and he refused to pay for this. She stated that she needs action from the Council to instruct Mr. Weaver to draw up the necessary papers and present our case in Court. Councilman Dietz made a motion to instruct Mr. Weaver to bring appropriate charges against this man in the name of the City of Edgewater, and get it before our Court, being seconded by Councilman Cairn'ie. Upon roll call vote said motion CARR1.ED. Councilman Dietz stated that we just passed an Ordinance establishing weekly meetings. Now we will have fifty-two meetings a year, and we need to change the section in the Charter in regard to penalties for missing meetings. Councilman Dietz made a motion that we change page 21, Section 34 of the Charter to a two month period, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. MISCELLANEOUS: Vice Mayor Webber stated that the first item is Fruit Stands. Councilman Dietz stated that one of our Police officers issued a citation to a Fruit stand operator on the highway because he is creating a disturbance and -15- o o we have had numerous complaints about him from citizens. He stated that this stand was moved back the forty feet, he moved back up again and the complaints have started coming in. He asked the City attorney how we proceed to enforce this? Attorney Weaver stated that we arrest him. Councilman Dietz made the recommendation to the Council that we instruct the Chief of Police to go down and give the man a ticket for violating the law. Attorney Weaver spoke to the Council about this, explaining that even if these stand owners have licenses with the County, they still are required to have a license with the City,even if he is raising his own. He explained that these people should be issued citations to come to Court to show cause why they should not be fined, and inform them that they could go to the Board of Adjustments for a variance which is standard procedure, or let them comply with the Ordinance. Councilman Sikes made a motion that we have the Chief of Police hand deliver them a letter requiring him to move back forty feet and that failure to comply will result in official action. There was discussion about the licensing. The City Clerk explained that the Ordinance reads that if they have a stand they have to comply with all the sanitary regulations of the City and $tate and have to be open for inspection at all times, however if they are selling from a truck they are not permitted to park. Attorney Weaver explained that as long as there is a structure, they can be licensed. He explained that he spoke to the Chief about this, and the Building Official is going to be in charge of interpretating the Zoning Ordinance. He Tape 4 stated that there are too many people trying to interpret the Ordinance, and Side B. we should leave this up to the Building Official now. Councilman S~kes stated that his motion was to put him on notice, and at the same time, anyone else who is in violation. Councilman Dietz seconded the motion. 5 min. Upon roll call vote said motion CARRIED. Councilman Cairnie voting NO. The City Clerk explained that she had some gentlemen in her office today questioning the use of the City Dump. She stated that after much research she found that the City Dump, Sanitary Landfill is officially closed to everyone, however some people have been allowed to go and some can't. She asked please if a policy could be set so that we can tell one story. Councilman Sikes stated that at the time when it was closed, it was decided that it was closed unless someone gets permission from City Hall. Councilman Dietz stated that there are some people who have paid a fee to be allowed to dump. He added that we know now that we have a problem out there, lets leave it the way it is and think about it. Councilman Sikes stated that he thinks that the Police officers are wanting some type of instructions. Councilman Sikes made a motion that we instruct the Chief of Police to inform the Patrolmen that they are to issue warnings to those violators in regard to the use of the landfill on first offense, and second offenders will be issued tickets, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Vice Mayor Webber stated that she attended the VCOG meeting yesterday, and the Port Authority has decided that they are going to use New Smyrna as a park. She stated that this is going to be something wonderful, and will bring people and industry into this area. -16- o Q Councilman Dietz stated that he would like to report that he went to the Sewer Plant and discussed some things with Mr. Ohrwall and Mrs. Blackwell has ordered the truck to be repaired, and Mr. Rotundo is going to fix the door, the pump in No.5 was sent to Dobbs for repair, No.4 is going to be repaired by Mr. Ohrwall. There is a problem in Silver Ridge which we are going to look into later. Mr. Christy spoke to the Council, asking that the Council instruct Mrs. Blackwell to give him a key to his own office instead of having to go to City Hall to get it all the time. Vice Mayor Webber asked the City Clerk her reasons for not giving him the key. The City Clerk explained that the Council has not made up their mind whether they are going to put the Building Inspector over there, the lock was broken and we had to buy a new lock, and she doesn't see that we should pass out keys to everybody until we find out whether the Building Inspector will eventually be housed there. If we pass out the keys and the Building Inspector is put over there we will have to get another new lock. She explained that the key is hanging in the Police Department and she doesn't feel that it is that much of a hardship for anyone to get the key. Mr. Schell spoke that he understood that the Chamber of Commerce was to share that room with the Building Official. He stated that there is not room enough 15 min. in there for all three of them. Vice Mayor Webber asked that this could be tabled until the next meeting due to it being so late already. Mr. Christy stated that he was called by the County and they have a 1/2 ton pick=up truck in top condition, if the Council wishes to have it he will let them know. There seemed to be no one interested in this vehicle. ADJOURNMENT: Councilman Cairnie made a motion to adjourn, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler ~~~ ~~? A/v Ma 01: (~~~W~ . Counc' oman ~ ATTEST: ~6-u~ /City Clerk Approved this ol51ay of March, AD, 1976. )f~~-~th~~';. Mayor & (// -17 - . . .. GENERAL FUND City of Edgewater WW & SS Florida Power & Light Paul Page Southern Bell City of Edgewater WW & SS Southeast Bank of New Smyrna Dana T. Armstrong Southern Paint Taylor Brothers New Smyrna Chrysler Plymouth American Hardware J.E. Tumblin Agency Williams Welding R. E. Morris New Smyrna Beach News IBr~ Smyrna Auto Parts Tom Mitchell Lumber Co. State Tractor Equipment Co. NSB-Edgewater Humane Society Atsides Burns Janitor Service Magnolia Motor Co. Fla. Fire & Safety First Natl. Bank of N.S. Xerox Beacon Medical Sales County of Volusia Lanier Business Products Ropp's Automotive City of New Smyrna Beach City Auto Supply Gasoline Alley The Wickes Corporation Southeast Construction Maule Industries Joseph E. Weaver Ryta F. Webber WATER AND SEWER City of Edgewater WW & SS Florida Power & Light Southern Bell American Hardware Public Gas Environmental Specialties Hughes Supply Fla. Fire & Safety Branchemco Inc. City Auto Supply Allied Chlorine Permutit FEDERAL REVENUE Dan Cory o o BILLS AND ACCOUNTS MARCH 11, 1976 Petty Cash - Com. C., P.O. City Ha 11, Rec., Com. C, C. D., F. 0 . P.O. City Ha 11, F. 0 . Street, Ball pk. Misc. Mil eage Spec. Promotions P.O. P.O. Street Insurance Street Street Boards, Council City Hall Street P.O. Landfill Humane Society Com. C. City Hall Street, Landfill Com. C Finance Director City Hall, misc. Street 81 dg. Inspector City Hall P.O. P.O. P.O., F.D., Street F.D. F.D. F.D. F.D. City Attorney Mileage 6.06 287.58 11.42 301 .01 11.55 12.00 12.88 18.15 20.50 35.44 5.85 842.00 31.64 1.42 15.20 33.82 16.20 4.75 21.48 150.00 60.44 24.48 120.49 8.50 15.25 56.00 20.18 965.29 89.18 23.60 21.50 110.75 40.04 280.96 179.23 182.05 422.50 5.04 4,464.43 Sewer Water and Sewer Sewer Water and Sewer Sewer Water Water Water Water Water Water and Sewer Water 6.60 364.23 18.58 35.88 26.22 28.76 236.67 8.00 10.75 5.15 444.00 15.56 1,200.40 Sewer plant prints 3.60