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01-22-1976 - Regular '0 o (.) CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA REGULAR MEETING HELD JANUARY 22, 1976 An^~~~":2'D ~ rt ~.~ ~~ f!! -~ . . ..~~~"j ~. '1'3' D ~i!;~ ~I~ lJ lJ tla Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater, Florida, to order Thursday, January 22, 1976 at 7:30 P.M. ROLL CALL Mayor Dana T. Armstrong Councilwoman Ryta F. Webber Councilman William H. Cairnie Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney Joseph E. Weaver City Clerk Sue Blackwell Acting Chief Norman W. Me Call Present Present Present Present Present Present Present Present I NVOCA TI ON : SALUTE TO FLAG: APPROVAL OF MINUTES: Councilman Cairnie made a motion to approve the minutes of the meeting January 8, 1976, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. ANNUAL AUDIT REPORT: Tape 1 2 min. Side A At this time the floor was given to Mr. Cliff Cunningham of May, Zima and Company. who read the annual audit report ending September 30, 1975. (Copies of this report have been made for each Council member and have been posted) Councilman Cairnie questioned the item titled Paving Assessments. He asked if we still have people who owe for paving that was done so long ago? Councilman Dietz asked how this can be collected? Mr. Cunningham stated that this is a policy making decision for the Council to make; what are you going to do with it? Mayor Armstrong stated that this was done about nine years ago, and some people paid and some did not or could not, therefore some liens were filed, however to his knowledge there is no way any foreclosure procedure can be used to collect this money. Mr. Cunningham stated that this does accrue some interest. Councilman Dietz asked how much of the $90,000 is actually tangible assets that can be used or borrowed on, etc? Mr. Cunningham stated that all of it is except the taxes receivable and the paving assessment receivable. Mayor Armstrong spoke that money has been spent which was not appropriated for, and he would like some advice as to what can be done at this time about it. Councilman Sikes stated that from looking at the report, these are items that we are going to run into the same thing this year. Mr. Cunningham stated that the way to avoid this is to amend the budget. , o o Tape 1 Side B 2 min. Mr. Cunningham stated that his personal oplnlon is that you are not going to have much problem with it because you did not put your General Fund in a deficit position. Councilman Dietz questioned who is at fault in regard to this? Mayor Armstrong stated that the internal affairs of the City is the responsibility of the City Council; you can delegate the personnel to take care of certain matters but you must see to it that it is done. Mayor Armstrong stated that when you get your monthly clerks statement and cash report you are supposed to know what it is. Mr. Cunningham stated that the Auditor General is going to be harder on the City in regard to the fixed assets, or the inventory. Councilman Dietz asked how we are going to accomplish the inventory? Mayor Armstrong stated that we have the inventory, the fact is that we have not compiled the necessary figures to put it all together for the grand total, and this will have to be done by City personnel. Councilman Dietz asked why these figures have not been compiled? Mayor Armstrong stated that he has not had the opportunity to get around to it. Mr. Cunningham stated that this has been a law since June 30, 1972, and the City of Edgewater has been told this for a long time. Councilman Sikes stated that we could mention in our letter to the Auditor General that a physical inventory had been started but not completed. Mr. Cunningham stated that if you could show him a fixed asset ledger with each capital asset that you have, and if you could show me enough of them that I can trace them from an invoice to asset to ledger, we will take every bit of this out of the report. There was much discussion in regard to this inventory. Mr. Cunningham explained that depreciation is not recognized in General Government, merchandise is taken off of the books at the same value that they were placed on the books. Councilman Dietz asked the City Clerk if there is anyone in her department who would be capable of posting this inventory, putting it in the ledger, and taking the responsibility that this is brought up to the requirements of the Auditor General? 20 min. City Clerk answered that she does not think so, however if someone had worked with Mr. Tucker, and found out what he was doing they probably could. Councilwoman Webber stated that this a comparatively simple procedure, and it is a procedure which should be followed. She stated that she understood Mr. Tucker to say that he had not finished this inventory, and Mr. Cunningham says that he does not have a ledger. She stated that this is not that difficult it is just time consuming, and she is certain that one of the girls could do it. Mr. Cunningham explained generally what this job requires. and how it could be kept up. Councilman Dietz asked Mr. Cunningham what his suggestion would be to the Council to get this done. Mr. Cunningham stated that he would ask the County for some CETA money is what he would do. Tape 2 Side A 3 min. -2- o o Mr. Cunningham stated that it does not matter to them who does this work, as long as it gets done. Mr. Cunningham answered several other questions from the Council in regard to the audit report. Councilman Dietz stated that the Council is going to have to digest this, and we are going to have to fulfill the recommendations and abide by the rules and regulations in the laws. He suggested that we have budgetary meetings every once in a while to keep in touch with where we are from time to time. Councilman Sikes asked Mr. Cunningham to briefly comment on the City's financial condition and what we might need to look to and where we are weak. Mr. Cunningham stated that the City is in good financial condition, he cautioned that money is not nearly as available as it was a few years ago. Councilman Sikes made a motion that we approve the annual audit as submitted by our auditors, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Tape 2 Side B BILLS AND ACCOUNTS Councilman Cairnie made a motion that the bills be paid, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. COMMUNICATIONS: Certification of Posting Waterworks and Sewer System Revenue Fund General Fund Budget Report Clerk's Cash Statement The City Clerk read a letter from Carmen Montesano in regard to the Wrecker Rotation used by the Police Department. He requested that the Mayor and City Council review the existing procedure of the wrecker system. Mayor Armstrong suggested that the Council look into this by speaking to the Police Department in regard to the matter. Mr. Montesano spoke to the Council in regard to this. 10 min. Mr. Norman Morris spoke to the Council about this also. Councilman Dietz made a motion that we table this until the next workshop meeting and that it will be put on the agenda for the next meeting for a decision, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. The City Clerk read a letter from Mr. Rene Martens resigning from the Board of Governors due to so few members showing up to the meetings. The Clerk explained that since this correspondence was received a meeting has been called for this Board and all of the members were called and informed of this meeting. Councilman Sikes made a motion that we table this until after they have their next meeting and maybe he will reconsider, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. The City Clerk stated that the next item is on the Flood Control Insurance Meeting. She stated that she did notify all of the lending agencies and all of the Edgewater Real Estate Offices. The meeting will be in the Community Center on February 2nd. at 7:30. -3- ~ o o The City Clerk read a letter from the Southeast Bank of New Smyrna inviting the City of Edgewater to the celebration of the bank's fortieth anniversary on Monday, January 26th. The City Clerk read a letter from the Volusia County Charter Review Commis- sion explaining that intergovernmental relationships will be reviewed by the Charter Review Commission and they solicit your input and participation. Mayor Armstrong spoke on this and recommended that we put this on our agenda for the next workshop session to discuss. Councilman Cairnie made this in the form of a motion, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. The City Clerk read a letter from Attorney Charles Hall who represents Mr. and Mrs. Thomas Fico of Tommy's Bar and Lounge. They are requesting that their business hours be extended to 4:00 a.m. or be allowed to open on Sunday. Mrs. Fico spoke to the Council on her behalf in regard to the request. Councilwoman Webber stated that she preferred to allow them to open on Sunday rather than let them stay open until 4:00 a.m. Councilman Dietz agreed. Councilman Sikes stated that if we grant this to one we will have to grant it to all of the bars. Councilwoman Webber made a motion that we permit the bars in the City of Edgewater to open on Sunday, the hours to be from 12:30 to 12:00 midnight, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Councilman Sikes voting NO. Mayor Armstrong explained that this will have to be done by Ordinance and it will take about six weeks to legalize. The City Clerk read a letter from Handy Way Food Stores in regard to self- service gasoline stations. Councilman Dietz stated that he discussed this with Mr. Mackie and he made a motion that this be turned over to the Zoning Board for their recommendation and they are to check out any violations or anything that would be against our zoning laws, being seconded by Councilman Cairnie. Mr. Pringle spoke to the Council on this. It was explained to him that the present Ordinance that we have will have to be amended to allow for self- service gasoline stations. Upon roll call vote said motion CARRIED. RESOLUTIONS: RES. NO. 631 A RESOLUTION APPROVING THE RECOMMENDATIONS OF THE BOARD OF ADJUSTMENTS OF THE CITY OF EDGEWATER, FLORIDA, REGARDING VARIANCES FOR CERTAIN DESCRIBED PROPERTY WITHIN THE CITY OF EDGEWATER: PROVIDING AN EFFECTIVE DATE THEREFORE, AND REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH. City Attorney Weaver read this Resolution in full. Councilman Cairnie made a motion that the Resolution be adopted, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. -4- o o RES. NO. 631 A RESOLUTION APPROVING THE RECOMMENDATION OF THE BOARD OF ADJUSTMENTS OF THE CITY OF EDGEWATER, FLORIDA, REGARDING VARIANCE FOR CERTAIN DESCRIBED PROPERTY WITHIN THE CITY OF EDGEWATER, PROVIDING AN EFFECTIVE DATE THEREFORE, AND REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH. Attorney Weaver read the Resolution in full. Councilwoman Webber made a motion to adopt this Resolution, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. Attorney Weaver stated that before he reads the next Resolution it is going to require someone to fill out an application for some Law Enforcement Assis- tant Administration funds, and it would be proper to make a motion on that now. Councilman Dietz made a motion that we designate Mrs. Webber as the acting agent for this grant money, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. RES. NO. 632 A RESOLUTION WHEREAS, THE CITY OF EDGEWATER, HEREIN CALLED THE "APPLICANT" AFTER THOROUGH CONSIDERATION OF THE PROBLEM AND AVAILALBE DATA, HAS HEREBY DETERMINED THAT THE PROJECT DESCRIBED BELOW IS IN THE BEST INTERESTS OF THE GENERAL PUBLIC, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFORE. Attorney Weaver read the Resolution in full. Councilman Dietz made a motion to adopt this Resolution, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. ORDINANCES: Tape 3 Side A ORDINANCE NO. 947 25 min. AN ORDINANCE DECLARING THE CITY OF EDGEWATER'S INTENT TO FULFILLTHE REQUIRE- MENTS OF THE LOCAL GOVERNMENT COMPREHENSIVE PLANNING ACT OF 1975, ESTABLISHING THE CITY OF EDGEWATER'S AREA OF JURISDICTION UNDER THE ACT, ESTABLISHING A LOCAL PLANNING AGENCY, ESTABLISHING THE MANNER IN WHICH THE LOCAL PLANNING AGENCY SHALL CHOOSE ITS MEMBERS AND OFFICERS, CONDUCT AND HOLD MEETINGS AND EXPEND FUNDS, REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFORE, Attorney Weaver read the Ordinance in full. Mayor Armstrong explained that this is the first reading of this Ordinance and there will be a second reading. Councilman Cairnie made a motion to adopt this Ordinance, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. OLD BUSINESS: Tape 3 Side B Councilman Dietz made a motion that we invite Mr. Baugh back down to present himself in front of the Council at the next workshop where the Council can ask him further questions, being seconded by Councilwoman Webber. Mr. Walter Gross spoke again to the Council in regard to rehiring George Katez. Upon roll call vote said motion CARRIED. Councilman Cairnie asked if anyone feels that it is a good idea for a member of the Council to go to Palatka and inquire about this man. Councilman Sikes stated that he asked Major Leonard to go over the applications with him, and he stated that Mr. Leonard knows one of the teachers at the college where Mr. Baugh attends, and Mr. Leonard said that he would be more than glad to help us in any way. -5- o o Mayor Armstrong suggested that Mr. Cairnie and Major Leonard could get together and take a drive over there. Tape 3 Side B 5 min. Councilman Dietz made a motion to appoint Mr. Cairnie as a committee of one to ask the assistance of Major Leonard to further investigate Mr. Baugh in the Palatka area if they desire or over the phone and authorize any expenses which occur, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. Mayor ARmstrong stated that the next order of business is the hiring of a Building Inspector. Councilman Dietz stated that he would like to refer the Council to the opinion written by the attorney in regard to the qualifications for this job. He added that both of these men will qualify. Councilman Cairnie questioned whether we have anyone who qualifies under the Plumbing requirements. Councilman Dietz stated that Mr. Murphy qualifies under engineer, superintendent and forman and is licensed by the state to carry out these procedures. There was some discussion in regard to this. Councilman Dietz stated that he wants to refer the Council to the management letter by our auditors, which stated that the County BUilding Inspectors were not completing the building permits in detail, the adequate list of permits with the fees was not being completed, and it was recommended that the building permits be completed in detail sufficient to allow varification of the fees charged. 15 min. Mayor Armstrong stated that we were also told that the County has no right to issue permits for the City of Edgewater. Councilman Dietz stated that he does not care who we hire but it is time we get down to business and hire our own Building Inspector. Mayor Armstrong suggested that we ask Mr. Murphy to come back to the next meeting. Councilman Dietz made a motion that we invite Mr. Murphy to our next workshop meeting for further discussion hoping that we have the pertinent information involving the State in regard to his qualifications, being seconded by Council- man Sikes. Upon roll call vote said motion CARRIED. The City Clerk read a letter from Mr. Eason of the Tumblin Insurance Agency in regard to the Edgewater Emergency Rescue Unit and insurance for them. Councilman Dietz stated that this insurance will cost us at the rate of $62.50 per month, and he feels that this is pretty cheap insurance for what these people have studied and the service they render to the public. He stated that he thinks we would be foolish not to go along with this program. Councilman Dietz made a motion that we buy the insurance and get behind this outfit and incorporate it into the City the same as our Fire Department and the insurance would be handled in the same manner. Mayor Armstrong stated that he does not feel that the insurance is too expensive, his question is there will have to be some Ordinance prepared to take this corporation into the City. Councilman Dietz stated that he will continue on with his motion that he further instruct the City Attorney to draw up an Ordinance incorporating this Rescue Squad into the City and make it part of the City's operation, referring to it in its corporate manner in the Ordinance only for fund raising events, but it will be a responsible operation of the City under the jurisdiction of the City Council. Councilman Sikes seconded the motion in order to get it on the floor. -6- o o Councilman Sikes asked Attorney Weaver if there is any way we could fund this insurance and not take the organization into the City? Attorney Weaver stated that he would like to look into this. Tape 4 Councilman Sikes stated that we are starting something now, and it is only Side A going to be as successful as those who are operating the unit, and this time two years from now we might not have the personnel that we now have. He added that if they become a part of the City they will have to come to the Council and ask if they can do this or that which they would not have to do if they were a corporation of their own. Mr. Duane spoke to the Council on this matter expressing his feelings that this operation is very valuable to the City. Mr. Bevel spoke to the Council stating that this squad prefers to be under the City1s jurisdiction and be a part of the City. He explained the actions of the Rescue squad. Mayor Armstrong stated that he doesn't want it to appear that he is opposed to the operation because he is not, however the technicalities is the only ~ thing. He spoke of the budget not allowing for a rescue unit, and there is also the matter of the corporation which should be looked into. The Mayor explained that it will take time to get this taken care of the correct way. Councilman Dietz repeated that in his motion he stated that he wanted to in- struct the attorney to come up with an Ordinance suitable to incorporate this into our City functions the same as our Fire Department to give these boys a basic backing from the City to get them started and let them prove themselves like the Fire Department did. Councilman Sikes called for a vote on the matter. There was more discussion about this. Upon roll call vote said motion CARRIED. Mayor Armstrong stated that the next item of business is the acceptance of the report from Briley, Wild on the chlorine leaks. Councilman Sikes made a motion that we accept the report as submitted and that the necessary repairs be made, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. 15 min. Mayor Armstrong stated that two of the items that were in the report needed in order to comply, one being the Scotty Air Pack which costs $478.00 complete with the wall brackets and so on. Councilman Dietz made Purchase Order to the installed immediately Councilwoman Webber. a motion that we instruct the City Clerk to issue a proper organization to purchase that pack and get it and report back to the Council, being seconded by Upon roll call vote said motion CARRIED. Mayor Armstrong stated that the figures on the sounding device or alarm for leakage of chlorination is $750.00. He explained that this was not one of the recommendations however it was discussed. Councilman Dietz stated that this as a safety facture is something to think about. Councilwoman Webber suggested that we table this and talk about it at another time. The Council agreed. Mayor Armstrong stated that now we have the matter of the bill from Briley, Wild on the report on Florida Shores. He added that this must come out of 20 min. Revenue. Councilman Dietz made the motion to pay the bill, being seconded by Council- man Sikes. -7- o o Mayor Armstrong said that we can not pay the bill without appropriating it. He explained that it takes a Resolution to appropriate the money to certain departments. The motion and second were withdrawn. Councilman Dietz made a motion to instruct the attorney to draw up a Resolution authorizing the payment of Briley, Wild for the work done on the Florida Shores comprehensive plan, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. NEW BUSINESS: 25 min. Mayor Armstrong stated that he believes Mr. Cairnie made the suggestion that the next item be placed on the agenda. Councilman Cairnie stated that he suggested that we hold our agenda meetings on every Monday from 4:00 to 5:30. Councilman Sikes said that it would work better for him if we could start it at 4:30. Mayor Armstrong stated that this is just the agenda session for the regular meeting. Tape 4 Side B Mr. Taylor stated that it is State Law that a workshop meeting is to be con- ducted the same as a regular meeting and the public should be heard if they wish. Mayor Armstrong answered that he is not familar with that law, however we will comply with the law in conducting our meetings. Councilman Sikes stated that if these agenda meetings are going to run on past 6:00 for hours we will not be accomplishing anything. Councilman Dietz stated that it should be left to our discretion as to when to adjourn rather than set a definite 6:00 deadline. Councilman Cairnie made a motion that we hold our agenda sessions every week on Monday to begin at 4:30 P.M. Attorney Weaver stated that this will have to be changed by Ordinance. Upon roll call vote said motion CARRIED. Mayor Armstrong stated that we have a request from the Fire Department to go out for bids on a Fire truck. Mr. Duane spoke to the Council on this matter. Councilman Dietz made a motion that we instruct the City Clerk to notify the proper agencies to pick up the bids...Councilman Dietz asked the City Clerk whether it would be better to mail out the bids or have them picked up. The City Clerk answered that we have not had a good response either way, however we have been mailing them out certified to be sure that they are received and there will be a legal notice in the paper and anyone who wishes to bid may do so. 10 min. Councilman Dietz stated that in his motion he would like to instruct the City Clerk to mail these in addition to the ad in the paper to mail these specifications directly to selective dealers in the truck business, the bids to be returned by February 23rd., being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. Mayor Armstrong stated that the next item is an audit firm, which we are required to hire. Councilman Dietz made a motion that we hire the firm of May,Zima to continue as our auditing firm for the City of Edgewater, being seconded by Councilman Sikes. -8- o o The City Clerk explained that this has been done by Resolution hiring for two years. Mrs. Turner asked if May, Zima is doing such a good job how come our records are in such bad shape, why didn't they recommend something a long time ago? It was explained by the members of the Council that May, Zima did make certain recommendations to the Council six years ago and the recommendations were never heeded. Upon roll call vote said motion CARRIED. Mayor Armstrong stated that the next item of business is to set up a meeting with the Zoning Board The Council spoke to Mr. Wolfe, the Chairman of the Zoning Board about this. Councilman Dietz made a motion that we meet with the Zoning Board, but he added that before we meet with them he would like to have them present to the Council an agenda as to what they want to know so that the Council can be prepared, and that we meet with them on the 17th of February, being seconded by Councilwoman Webber. Councilman Dietz said that he does not know very much about the Flood Insurance Program. Councilman Sikes stated that he was familar with this however he can not put the time to it that it requires. Councilman Dietz made a motion that we appoint the Mayor as coordinator of the Flood Insurance Program, being seconded by Councilwoman Webber. There was some discussion about what this program is exactly and Mayor Armstrong talked about the map. Upon roll call vote said motion CARRIED. Mayor Armstrong stated that we have had some bad experiences in regard to people moving into Edgewater and putting up their $20.00 meter deposit and don't pay their first few bills, then they move out leaving us holding the bag. Councilman Sikes made a motion to instruct our attorney to draw up an Ordinance raising the meter deposits to $30.00, being seconded by Councilman Dietz. There was discussion as to whether this should be higher than $30.00. Upon roll call vote said motion CARRIED. Tape 5 Side A MISCELLANEOUS: Mayor Armstrong stated that Mrs. Webber suggested that we hire another patrolman. Councilwoman Webber stated that since she made this suggestion she spoke to the man from LEAA, and he said that this was one of the requirements. We must hire another patrolman to replace the one we are promoting to the position of a detective. She stated that the LEAA will give us $9,000.00 toward this, the State Government will give us $500.00 in addition, and we must supply us another $500.00. She said that we will have a new patrolman and promote this one man and all it will really cost us is $500.00 for the year. Mayor Armstrong stated that you don't have the assurance yet that the LEAA is going to be approved and that the money will be forth coming. Councilwoman Webber stated that this is the reason that we must get this Resolution in the mail tonight if at all possible. -9- o o Councilwoman Webber stated that we will not hire another patrolman until we know that this goes through. Mayor Armstrong stated that she has already been appointed to take care of the application for the money and we will see what happens. Mayor Armstrong stated that the next item of business is to hire the Mayor as Administrator of the City. Councilman Cairnie stated that he will make a motion to that effect. The motion DIED from the lack of a second. Mayor Armstrong stated that the next item is a motion to raise salaries of Council members. Tape 5 Side A 5 min. Councilman Dietz stated that he thinks that this is out of order at this time He added that he would like to suggest that the Council to consider possibly going back to the coordinator system and see if we can come up with some kind of a workable solution so that we can get closer to the workings of the City. Then if we go to this type of a system he stated that he might be agreeable to salary raises for the Council. Councilman Cairnie made a motion that we table the matter of raises for further study, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. ADJOURNMENT: Councilman Sikes made a motion to adjourn, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler ATTEST: *--'_~ !2-/A~ 1/es Ma or / ~ r;:i11i } 9r k~ CouncOwoman ?Y;H ~ A./V7A2 Councilman '/ . ~ , /" ... ::0 L~'/ /~., /v I i Councilman -r ~ $6-v ~ City Cl erk 1;0 Approved this /07 day of February, A.D. 1976. Y~~~r>a~~~~ Mayor -10-