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12-22-1975 - Regular ~ u o CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA REGULAR MEETING HELD DECEMBER 22, 1975 @~ 1f}.l'lr.~~paO . ~~,~ ,.:( ~,:.l q .:t N f1','~ ~ t, ,',-, .;1 ","" ..1"';'9 "'~' r. V to.' t'.'\ f" (". I' ,'t l'4;r J ,\,0'; ~, <!'\" lie I'.:' ,Ii, :,J 1. ,f'.., .,' '1:fh~ ~/W .... ~ Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater, Florida to order, December 22, 1975 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 Mc Call Present Present Present Present Present Present Present Present INVOCATION SALUTE TO FLAG BILLS AND ACCOUNTS The City Clerk stated that there are some additions to the bills. She stated that there will be $7.28 due to Mrs. Webber, Mr. Cairnie, Mr. Sikes and Mayor Armstrong for mileage to the meeting Friday. Councilman Cairnie made a motion to pay the General Fund bills, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. Councilman Cairnie made a motion to pay the Water and Sewer bills, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. Mayor Armstrong read the bills from Briley, Wild and May and Zima in regard to the Water and Sewer extension program. The total amount being $60,374.80. Councilman Dietz made a motion that we pay these bills, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. Councilman Cairnie voting NO. COMMUNICATIONS: General Fund Budget Report Tape 1 Side A 5 min. The City Clerk read a letter from the Edgewater Public Library Board in regard to the addition to the present library. Mrs. Mackie presented the plans to the Mayor. Councilman Sikes stated that he attended the meeting of this board when this was being discussed. He stated that he did see the minutes that indicate that the grant was based on the fact that the library must be used for a twenty year period. He stated that Mr. Kantor has already applied for matching funds and he seems to think that because of the growth of the school situation that the library is almost at the maximum capacity now, and it would be when the school addition is finished. He added that perhaps maybe we could have some Tape 1 Side A 10 min. 15 min. 25 min. o o available funds out of the money that we would be setting aside for the water system. We could put a time limit on it and take the necessary steps to do this, then if for some reason we don't get the matching funds from the State, then we could revert it back to our water improvement fund. Mayor Armstrong stated that there are several things that need to be cleared up before the expansion of the library. One thing is that the Planning and Zoning Board has not given us any recommendation as far as the parking facilities. He explained that there is a water problem behind the wall that is there now, and this needs to be illiminated. He stated that he has men- tioned before about the air conditioning in the building and that it will take more heat to heat a larger building. Providing that we can refund the money that we have to use here, then we would have ample funds to allot towards the educational program which would be one of the criteria that would be permissible under the Federal Revenue Sharing Act. He added that his personal opinion is that it is one of the things to start on, but at this time we can not make a definite decision on. Councilman Sikes stated that all they are asking that we set aside $10,000.00 and take whatever steps that we need to, so that they can apply for this money. Councilman Dietz stated that we could take a portion of the money that we have in the Federal Revenue out and reappropriate it to the Library fund and put it to a good cause. Mr. Christy asked about the salaries of the City Manager and the Property Manager? Mayor Armstrong explained that the only way to reappropriate money is to abolish the item all together and reappropriate that money. There is no question about the funds however he stated that we want to know we are doing the right thing. Mrs. Mackie stated that the deadline on this is January 31, 1976. Councilman Dietz asked the attorney if you can take Federal Revenue monies and use them as matching funds for a grant? Attorney Weaver stated that there is a definite prohibition against this. Councilman Dietz made a motion that the Council do all the research individually and put this on the agenda for the workshop meeting in January and let's give a definite answer at that time, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. The City Clerk read a memorandum from the Merit Board to the City Council asking the Mayor and Council to attend their regular meeting January 14, 1976. Councilman Dietz stated that he feels that this would be all right, and that the Council should read over the Ordinance and discuss future plans with them when we meet, however we should prediscuss this at our next workshop. City Attorney Weaver stated that it should be made public that all of the Council is going to be present at this meeting, and notice should be put out. Councilman Sikes made a motion that the Council meet with the Merit Board at a Special Workshop meeting scheduled January 14, 1975 at 7:30 P.M. in the Mayor's office, being seconded by Councilman Cairnie. Councilman Dietz stated that with all of the board member, the Council and the public that the Mayor's office is going to get crowded and smokey. Councilman Cairnie withdrew his second, Councilman Sikes withdrew his motion. -2- o o Tape 1 Side B Councilman Sikes made a motion that the Council meet with the Merit Board at a Special Workshop meeting scheduled January 14, 1976 at 7:30 P.M. in the Community Center, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. The City Clerk read a memorandum from the Merit Board requesting the names and classifications of all City employees, a listing of all CETA employees and complete information of the two CETA programs that the City is presently participating in. Councilman Dietz made a motion that this be tabled until after our joint meeting with the Merit Board and we get a better understanding of what our future plans will be, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. The City Clerk read another memorandum from the Merit Board in regard to several employees evaluations and salary increases. Councilman Dietz made a motion that we table this also until we know exactly what our future policy is going to be, being seconded by Councilman Cairnie. Councilman Sikes stated that we have the information and the recommendations from the supervisors and we could handle it now. Mayor Armstrong stated that there is no reason that the increases can not be retroactive after our meeting with the board. Upon roll call vote said motion CARRIED. The City Clerk read another memorandum from the Merit Board requesting that when an employee is being recommended for a raise that the evaluation sheets be given to them so that they can fairly evaluate an employee. Councilman Dietz asked Attorney Weaver if the evaluation sheets are public records or are they confidential? 5 min. Attorney Weaver stated that he has never seen the form that is being dis- cussed so he is not sure if it is of a confidential nature. Councilman Dietz made a motion that we table this until that meeting and get a little more information about this to see where we stand, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. Attorney Weaver stated that the Council should read through t~e Ordinance and maybe Inclke some suggested changes. 10 min. The City Clerk read a letter from the Board of Governors in regard to the reduction of the speed limit on Riverside Drive. Mayor Armstrong stated that a bicycle path is in the planning. He asked the Council for their pleasure in regard to this. Councilman Cairnie suggested that this request be referred to our acting Chief of Police to come up with his recommendation. Councilman Dietz made it a motion that we refer this to the Chief of Police to recommend to us and let us know what is generally going on, and what his opinion would be, being seconded by Councilwoman v/ebber. Upon roll call vote said motion CARRIED. The City Clerk read a letter from the Fire Chief in regard to the contract with Eagle Fire Trucks Incorporated for the self-contained-slip-in fire aparatus unit. The check which was received from the Forestry Service in the amount of $1,450.00 was deposited with the City, and at this time this amount is due for the unit. Mayor Armstrong asked the City Clerk if we have the check in the amount of $1,450.00? The City Clerk answered that the check was in the amount of $lft25.00. -3- o o Councilman Dietz made a motion that we go ahead and instruct the City Clerk to issue the check Mayor Armstrong asked if he could make a comment before he makes a motion; in order to cover the $1,450.00, we need the presentation of proper voucher for such and a bill to the City. Mr. Bevel explained that this money was given to the City of Edgewater for the purpose of obtaining this unit. Tape 1 Side B 20 min. The City Clerk explained that this works just like a grant. We apply for the funds for a specific purpose and this is the only thing that we could use the money for. Mr. Bryant filled out the papers, applied for the $1,425.00 grant. It was made out to the City of Edgewater as far as she knows from the State of Florida with the stipulation that the money must be spent for this apparatus before January 1st or the money is to be returned to the State. Mayor Armstrong stated that technically the question is can we write a check for this amount without a voucher? Councilman Sikes stated that we better do it before January 1st. Councilman Dietz made a motion that we instruct the City Clerk to issue a check to the Edgewater Volunteer Fire Department for the purpose described in the contract attached to the letter on the request in the amount exactly as we received for the grant. 25 min. Mayor Armstrong stated that this is not a contract. Councilman Cairnie asked why didn't the bill come to the City? Councilman Dietz stated that what is the problem, the money was granted, and it can not be used for anything else and we are going to loose it. Mr. Bevel stated that he could make a phone call and have someone down here who can explain this to the Council. Tape 2 Side A Councilman Dietz made a motion that we table this discussion for later on during this meeting, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. The City Clerk read a letter from Mrs.Josephine Paladino in regard to a street light in her area on Guava Street and in regard to the street con- ditions in Edgewater. Mayor Armstrong stated that he rode by this area and the road is not in too bad of shape in comparison with the other roads in Florida Shores. The street light situation will have to be looked into by Florida Power & Light. Mrs. Turner stated that Mr. Bryant was suppose to look into the potholes on Thomas Road. The City Clerk spoke to the Mayor that Florida Power & Light did research the area and was some terrific amount to put street lights down there and it was marked off of the list because of that. Councilman Cairnie made a motion to table this and put it in the street light file, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. 5 min. The City Clerk read a letter from the Board of Governors in regard to several "items which are needed in the Community Center. Councilman Dietz made a motion to grant the request and that they be instructed to get with the City Clerk to get a purchase order to go out and buy these items, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. -4- ~ o o The City Clerk read a letter from the Department of Environmental Regulation notifying us of a Public Hearing and a workshop; the letter states that if information is requested about this the agenda can be sent for. Councilman Dietz suggested that we write and get a copy of the agenda. This was generally agreed on. The City Clerk read a letter from Mr. Robert Christy asking to be placed on the agenda for several reasons. Mayor Armstrong gave Mr. Christy the floor asking that he be as brief as possible. Mr. Christy stated that he would like to bring the Council IS attention to Florida Statutes 252.38. Mr. Christy spoke about the First aid kits in the various departments of the City, explaining that nothing has been replaced and most of them are half empty. Mr. Christy stated that the next item he has is the training in C.P.R. for the Police officers. He stated that it would be an advantage of the City to have the officers trained in C.P.R. (Closed heart massage) and he would like to see the City send the officers for this training and give them the nine hours of schooling with pay, and he would be happy to do the training himself free of charge. Mr. Christy spoke on the electric system for siren and horn. stating that the horn goes off at all hours of the day and night when it is not necessary. He stated that if this siren keeps blowing like this, it is going to burn up and cost the City a lot more money. Councilwoman Webber stated that she phoned Don Moore and he told her that the Telephone Company engineers will check this entire system out. Mr. Christy stated that Mr. Moore said this same thing a year ago. Councilman Dietz asked why we need the siren at all now that we have the pagers? Mr. Christy said one is for the Fire Department and should there be a power failure and we do not have that box in operation in time to get the automatic generator back in to get the power out that horn will still go off and it will still set off the sound. 15 min. Councilman Dietz stated that what you are advocating will defeat that because if you want to take it off of the telephone system and put it on electronic. Mr. Christy stated that sometimes the beepers are not working or they are out for repair. and the men who do not have beepers have to rely on the siren. Councilman Dietz stated that he thought we had extras. Mr. Christy stated that the agreement was made in the beginning, thirty was to the Fire Department, and eight are in the Civil Defense. Councilman Cairnie stated that if they are the Fire Department beepers they /should be turned over to the Fire Department. -,' Councilman Dietz asked if he feels it is necessary to wake up all the citizens of Edgewater in the middle of the night in case of a fire when the Firemen are equipt with these other things? Mr. Christy stated that of course we never have any tornadoes or bad storms but what happens when we do have a tornado or a hurricane or an emergency? Councilman Dietz stated that he is not suggesting elliminate the system in its entirety, but why connect it with the Fire Department anymore if we don't need it for that purpose? -5- o o Mayor Armstrong stated that Mr. Moore assured him that the trouble will be taken care of and he said that he did not know that we were having trouble. Mr. Christy stated that he calls him every time that it goes off. Councilman Dietz stated that he would be in favor of keeping the system we have now, because if we change it and we had a power failure here we could not operate it. Mr. Christy stated that the City now pays the Telephone Company an expensive figure per year, and if you invested that money into your own system, there would be one initial cost and there would be no more cost thereafter. Councilman Dietz stated that Mr. Christy just got through saying that the system wouldn't work if we had no power. Mr. Christy stated that this is why we have the generator. 20 min. Mr. Tom Duane spoke to the Council in regard to the siren. He stated that his Fire Department is directly affected by this, and it seems that we had too many people calling the Telephone Company trying to straighten this out. He stated that he has an appointment with the head engineer to redesign the entire system and get away from a grounded system. He explained what is happening to the system now. He asked the Council to give him a chance to come up with a system that works. He stated that he would be against the type of system that Mr. Christy is suggesting because if anything should happen then, he would be out of everything because it would all be tied up together. Mr. Duane stated that he does not have a spare pager, and he does need a spare. Mr. Christy stated that a first aid program was set up for the City employees, and he would like to set this up again. Councilman Cairnie stated that he feels that the Police Department should do their own first aid training. 25 min. Mayor Armstrong stated that he thinks all of these items could be looked into and discussed. Tape 2 Side B Councilman Dietz stated that we could go right down the list now. It was suggested that a memo should be written to all the department heads in regard to the first aid kits and that they should be replenished. In regard to training the Police officers in C.P.R., Councilman Dietz stated that he feels that this comes under the Chief and the officers involved and let them decide this and give a report to the Council. Mayor Armstrong stated that Mr. Duane has a meeting with the Telephone Company in the morning to take care of the siren. Councilman Dietz stated that as far as the first aid program for the City em- ployees should be worked out with the department heads, and let Mr. Christy go ahead with this. Mr. Christy stated that the last item is safety at the water plant, and he added that Mr. Bryant was suppose to have a scotty air pack or some type of mask for the men working in the water plant in case of a chlorine leak. He added that a man could be killed in the event of a leak of this type, because they have nothing to protect themselves to go in and take care of the chlorine. He added that a chlorine leak would cause quite a few fumes around this whole area. -6- o o Councilman Cairnie stated that he doesn't feel that there is enough chlorine in the water. plant to effect all around this area here. Councilman Dietz stated that this is dangerous and we don't want any problems. He stated that a little investigation on this is in order. Mrs. Mackie spoke to the Council asking if Mr. Christy has been appointed as a safety engineer to check these things out? The City Clerk read a letter from Mr. Robert Christy commending Officer Page for his quick recognition and response to a Cardiac Arrest, and for performing C.P.R. on Mr. Tony Maleck. Mayor Armstrong stated that at the next meeting Officer Page should be com- mended. The City Clerk read a letter from the Zoning Board of Appeals stating the members of the board, and recommending that the City of Edgewater hire a building inspector by January 1,1976. Mayor Armstrong stated that it is a near impossibility to hire a building inspector by January 1, 1976. As far as enforcing the new code, the board has a lot of work to get done in regard to this. Tape 2 Side B 10 min. Councilman Dietz made a motion that we table this until our next meeting, with a letter to the Building Code Committee asking for more detail infor- mation on how they intend to perform this and a detailed outline of exactly what they have in mind, and present this to us before our next workshop being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. At this time the discussion went back to the slide in unit for the Fire Department. Mr. Duane spoke to the Council about this, stating that he called Mr. Cunningham of May, Zima back when the order was being placed and asked him if the City was responsible for that money in any way, and he told us that in no way does the City have to account for that money, that all they are is a holding facture for that money. Mayor Armstrong asked the City Clerk where this money is at present. The City Clerk explained that the money was deposited in the General Fund of the City of Edgewater and was set up in an entirely seperate account and nowhere does it show as income to the City. We are just holding the money. When the check is written for this it will go in and zero the account out. Councilman Dietz asked if he was correct in assuming that this will be City equipment? Mr. Duane stated that this is right because it will be on a City vehicle and will be covered under the City's insurance. 15 min. Councilman Dietz made a motion that the City Clerk be instructed to prepare the check to the Eagle Fire Trucks Incorporated in the amount of $1,425.00 as part payment for the equipment ordered by the Volunteer Fire Department, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. RESOLUTIONS: RES. NO. 626 A RESOLUTION SETTING FORTH A CHRISTMAS BONUS POLICY FOR 1975 FOR THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. City Attorney Weaver read this Resolution in full. Councilman Dietz made a motion to adopt this Resolution, being seconded by Councilman Sikes. -7- o o Mayor Armstrong stated that our daily rate of pay is $1137.08, so that Friday is a minimum. He stated that we usually knock off around noon the day before Christmas to give the employees a chance to party among themselves, but if the Council so desires to give the additional day that is their prerogative. Councilman Sikes stated that this will not cost us that much money, it will cost us time, we are not in the position to give the employees money, but we can give them time. The actual expense of the City is what they need to pay the policeman the extra two days that they will work, and this will be a little under $500.00. We will not be losing the money, just the day of work and it will be up to the employees to work extra hard when they come back to catch up. Mayor Armstrong stated that all of these people are going to be paid for Friday but they are not going to work and they are going to get paid for Christmas because it is a holiday. Councilman Sikes stated that this is not going to cost the City any money because we are going to pay them if they work. Upon roll call vote said motion CARRIED. Mayor Armstrong stated that he is not opposed to it, but if we run out of money then he is opposed to it. ORDINANCES: None OLD BUSINESS: Tape 2 Side B 25 min. At this time the floor was turned over to Mr. Wild and Mr. Fernandez of Briley, Wild and Associates to discuss their report on the sewer project. Mr. Wild spoke to the Council explaining that they are holding the $700,000 loan open and the bid can be held at stated prices for fifty-five (55) more days. He explained that the meeting which was attended the other day was set up to discuss the 201 Plan which is a planning study that EPA states must be accomplished before any Federal grants can be obtained in this area. This plan is for the entire area and the idea is to come up with the least costly method of handling sewage and find out how much disposal the river can handle. It is required that New Smyrna Beach develope a plan before they can receive a grant. Mayor Armstrong asked Mr. Wild about the surplus money and can it be readvertised? Mr. Wild explained that they are holding the $700,000. which they will release when we validate, they will sell bonds in the amount of the bids on the sewer plant, they will wait until further justifications are pre- pared for any additional water, before the remaining of the $700,000 will be committed. Mayor Armstrong stated that the $700,000. as far as the funding on it, this was based on the increase that was made in the rates of last year. Mr. Fernandez stated. that in July of 1974 the Council passed a new Ordinance increasing the rates up to what F.H.A. required for a $700,000 loan, and Mr. Eldridge has assured us that all the paperwork has been completed for the $700,000, and it waits only on the bond validation suit, when this is completed they will sell the bonds. -8- o o Mayor Armstrong stated that all that is required of the Council to impliment the $700,000 program without the rate increase and without the $160,000 funded by the City would be a letter of acceptance. Mr. Fernandez stated that this is correct, plus some direction to the attorney to prepare the necessary papers to file his suit. Councilman Sikes asked Mr. Wild if it is correct that since we are not going to proceed with the water system, then the bid that we have for the sewer system is $10,000 more? Mr. Fernandez stated that this is correct, there was a deduction of $10,000 from the sewer system if both projects were accepted. Mr. Wild explained that once construction has begun it can not be used for reimbersible projects. Councilman Sikes asked if this could be used for the plans we have for the Florida Shores area? Mr. Wild stated that this is correct, as long as construction has not started. Tape 3 Side A 10 min. Mr. Wild went on to discuss some more aspects of the 201 Plan. Councilman Sikes asked if it is true according to Mr. Eldridge that if we submit a plan before January 15, 1976 as far as what we plan on doing with the additional monies over and above our sewer project that money can be used for possible water plant expansion? Mr. Fernandez answered yes. A reasonable amount of time would be given to Edgewater to decide what they want to do. Mayor Armstrong stated that as far as the 201 Plan is concerned, we are talking about a plan that involves all of us in this area, based on a 75%- 25% and based on us qualifying. Mr. Wild stated that the 201 plan process is that the plan comes first, then the engineers will do plans and specifications and then you would go out for bids on the construction. All along the line there are appli- cations to fill out, the study is done. After all of these steps have been taken, then you may be given the grant award. 20 min. Councilman Sikes stated that if the study showed that on the overall cost it would be cheaper to hook up to New Smyrna's plant, then we would have to comply with that study in order to get the grant. Mr. Wild went into more detail in regard to the requirements that have to be met. Councilman Dietz stated that to put this in simple terms, if we want to get any grants from the Federal government, we have to comply with what their overall plan calls for. 25 min. Mr. Wild stated that in order to get a grant that thing that you want a grant for must be in compliance. but you don't have to be in total com- pliance with the entire plan. Councilman Sikes asked if it would.be to our advantage tq go ahead with the proposed contract that we already have rather than wait and if we would have to wait what type of time element are we talking about? He stated that we have a 5% loan and we could start to work probably in less than ninety days. -9- Tape 3 Side B 5 min. 10 min. o o Mr. Wild stated that the absolute minimum time if everything went just perfect you would. have to wait for the 201 Plan for the grant, as an example one City in Osceola County has been going on for nine months with just the application stage. The minimum would be at the least six months for this stage and per- haps one year. Councilman Cairnie asked why Edgewater was not the opportunity to get involved with the 201 Plan a few years ago when we first started talking about the water and sewer expansion? Mr. Wild explained that communities were being allowed,who had already started, to begin with the application stage, you had to be on a list at that time. Councilman Cairnie asked if it is true that the rate.increase that was im- posed a few years ago will cover this $700,000 loan? Mr. Wild explained that looking at the revenue that the City has normally had in the past, yes it will, however you can not pullout one specific monthly revenue, you may have to conclude that the revenue was off. ~ ~'; Councilman Cairnie stated that he is just concerned that we will need another rate increase to payoff this indebtedness. Mr. Wild explained that if you look at the revenue on a yearly basis you will see that the water sales in the summer are considerably more than they are in the winter. He stated that part of the validation procedures before the judge in validating the bonds must be a financial statement by an expert that says that there is enough revenue to payoff this loan, and if he can not testify to this the judge will not validate the bonds. This is the City1s protection. Councilman Dietz stated that our auditors stated at one time that our annual operating expense will be incurred at about 7 1/2 % and that we could figure that additional hook. ups and users to the system would normally take care of this but in the event that it.didn1t we would from time to time have to ad- just our rates to compensate for the lack of this. Mayor Armstrong agreed with Mr. Dietz however he stated that once the system is brought up to date the operation cost should decrease so much, he added that we will be paying more for the materials and the cost of living and so on, this is going to change the rates. Mrs. Turner spoke to the Council in favor of going into this 201 Plan. Mayor Armstrong explained to her that this plan covers the entire area and if we get our paperwork ready we will have to wait for the other Cities in the area to catch up, and the City of Daytona at this time is having to revise the paperwork that they have already .finished once. He explained further what Mr. Wild previously stated in regard to this plan. Councilwoman Webber asked if the Cities of Daytona and New Smyrna applied for their grant in 1971, why weren't we appraised at that time? Mr. Wild explained that the City of Edgewater was appraised at that time, there was a great deal of discussion as to whether the City of Edgewater should go into the expense at that time because the amount of money that it would cost in order to apply for the grant would have exceeded the amount of the grant itself. Councilwoman Webber asked if he feels that we should not go into this plan at this time? Mr. Wild answered that something will have to be done, and he added that he would recommend that Edgewater go in, but even once the study is done, you have no assurance that you will get the grant. Councilwoman Webber asked if there will be any refunding of our money? Mr. Wilds answered No. -10- ~ o o Tape 3 Side B 15 min. Councilman Sikes stated that it could go to any expansion that we have planned for. Mr. Wild answered that it could as long as certain requirements were met. There were a few questions from the audience which the members of the Council answered. 25 min. Councilwoman Webber stated that at the.last meeting she made a motion to drop this bond bid, that we do not raise our rates which automatically negated our accepting this bid, and to return the bid money. She asked what happened to this, it passed? Why are we bringing this all up again? Councilman Dietz stated that that was on the $200,000. Councilwoman Webber stated that it was not, it was on the $700,000. Councilman Dietz stated that the $700,000 was already approved, the rate increase was for the $200,000. Mayor Armstrong stated that he believes the issue was the $200,000. The previous Council acted on the $700,000. Councilwoman Webber stated that she just doesn't want to see the City of Edgewater subjected to this terrific bill. If we must put in our sewage plant why can1t we pay part of it. Mr. Eldridge stated that we could have any or all of the $700,000. Why should we put ourselves in such a deep debt in accepting the $700,000? Mayor Armstrong answered that as far as the Enabling Act is concerned if we borrow $700,000 and we only use $500,000 of it we can only use the additional money to retire bonds before maturity or a lawful purpose which they concur with. Councilwoman Webber asked Mr. Wild .if we accept this money for our sewage plant the money can only be spent for the improvement of that particular item? Tape 4 Side A Mr. Wild stated that the $700,000 was for the water and sewer improvements. He went on to explain how F.H.A. would sell the bonds after they are validated but they would only do this if they agree with the program and approve it. Mr. Bevel asked if it is correct that the 201 Plan is merely a study of the entire area? Mr. Wild stated that that is correct. Mr. Bevel asked who pays for this, each individual City involved, or if you get in a big hurry you have to pay for it all? Mr. Wild answered that if you get in a big hurry you may pay for it all, if your grant. is being held up because of waiting on the other Cities. He added that the 75% which is Federally funded does not have to be paid back. 5 min. Councilman Cairnie asked why canlt we add enough to the Sewer plant to take care of our needs now instead of planning so far ahead with the expansion? Mr. Wild answered that most of the cost is upgrading the treatment. After a few more questions, Mayor Armstrong asked for the Council IS pleasure. Councilman Dietz made a motion that we instruct the attorney to validate the bonds for borrowing $700,000 in order to make the improvements to the Sewer Plant to meet the deadline of January 15th, being seconded by Councilman Sikes. Councilwoman Webber repeated that Mr. Eldridge told us that we did not have to borrow all of the $700,000. -11- Tape 4 Side A 10 min. 15 min. 20 min. o o Councilman Dietz stated that we are not going to take the $700,000.. Mr. Wild explained that even though we validate the $700,000, the F.H.A. will only loan $480,000 on the basis of the bids that were taken of the Sewer Plant, anything above that will have to first come before the Council to authorize the work, and then it will have to go to F.H.A. for their ap- proval for doing the work, it will then have to go to bids. Mr. Bevel stated that during all of this discussion a plan came up by the Mayor to improve the problems, which Mr. Gross agreed with. This is going to cost the City a considerable amount of money, and perhaps this money could come from the additional money over the $480,000. That is if the plans are approved. Attorney Weaver stated that he understands from the action that is being proposed here will set aside the motion one or two meetings ago, where Mrs. Webber made a motion to negate the project and return the bid bonds. He asked if the bid bonds have been released? Mayor Armstrong stated that one of them was. Attorney Weaver stated that he wants to make one thing clear; this action will be rescinding a former Council action that carried, and you should address yourself to that in any motion that you make. Councilman Sikes withdrew his second, Councilman Dietz withdrew his motion. Councilman Dietz made a motion that we instruct the attorney to rescind a previous order given by this Council to negate the bids on the Sewer Plant and leave'the Water Plant as going, Mayor Armstrong stated that he would like to entertain a motion to authorize the Mayor to sign a letter of acceptance on the offer made by F.H.A. and submit it to the proper authority in regard to the $700,000. Councilman Sike$made a motion that we authorize the Mayor to contact the F.H.A. advising them that we want the $700,000 loan, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Councilwoman Webber and Councilman Cairnie voting NO. Mayor Armstrong stated that he is not going to make any explanation on changing his vote on this, the $200,000 did it. Attorney Weaver stated that you should go back and rescind that motion in with the release of the bid bond on the Sewer project. Councilman Sikes made a motion that we rescind the Council action returning the bid bond on the Sewer project, being seconded by Councilman Dietz. Councilwoman Webber asked if we do this doesn't it obligate us for the $900,000 again? Mr. Wild explained this to Mrs. Webber, that returning the bid bonds does not concern the loan. Mayor Armstrong stated that the application for the additional $200,000 loan for Water and Sewer has been administratively withdrawn. Upon roll call vote on the motion, said motion CARRIED. Councilman Cairnie voting NO. Councilman Dietz made a motion that we instruct our attorney to prepare for the validation of these bonds by getting this on the docket with the proper court so that we can get these bonds validated, taking the necessary steps involved, being seconded by Councilman Sikes. -12- o o Upon roll call vote on the motion, said motion CARRIED. Councilwoman Webber and Councilman Cairnie voting NO. At this time Mayor Armstrong thanked Mr. Wild and Mr. Fernandez for their time. Tape 4 Side A 25 min. At this time Councilman Sikes was given the floor to explain that he has researched the matter of a conflict of interest as far as he being a member of the Council and being an officer of a bank at which the City does its business. Councilman Sikes explained this thoroughly, reading from the ruling of the State of Florida Commission on Ethics. Mr. Gross stated that he thinks there is a question on conflict with the Charter. 5 min. Attorney Weaver stated that the Charter law can not conflict with the State of Florida laws. It seems that what the State legislature has done in the past few years outdates our Charter laws. Mayor Armstrong stated that he would like to entertain a motion to authorize the building inspector to issue sign permits in compliance with the Ordinance that we have on record. Councilman Sikes made a motion to authorize the building inspector to issue sign permits in compliance with the Ordinance that we have on record at this time, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Councilman Dietz made a motion that we table the matter of a building inspector for the City of Edgewater until our meeting of January 5th, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. NEW BUSINESS: Councilman Dietz made a motion to authorize the insurance agent to get information on insurance for the Emergency Rescue Unit, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. Councilman Dietz made a motion that the business on setting up a policy on the City car use, be. tabled until our next meeting, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. Councilwoman Webber made a motion to table the discussion on the termination of the City Attorney until January 5th workshop, said motion DIED from lack of second. MISCELLANEOUS: None ADJOURNMENT: Councilman Dietz made a motion to adjourn, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. {F-.,,7a:-~~ ~ Ma or 7 C r ~- ~ iI~ ~/ ATTEST: $l~~ City Clerk Approved thi s g 7:1", day of 13 GENERAL FUND City of Edgewater WW & SS Southern Bell Florida Power & Light Brown's Air Conditioning Williams Welding Supply Gasoline Alley Callaghan & Company Mac Smith Rental City Auto Supply Smyrna Auto Parts Control Specialists Industrial Office Outfitters New Smyrna Chrysler-Plymouth Tip Top Printing Co. Southern Paint & Wallpaper Hughes Supply Diversified Electronics Gray Drug Stores SouthEastern Products Florida East Costs Railway Taylor Bros. Tires County of Volusia NSB-Edgewater Humane Society Foxman, Woerner & Davis Joseph E. Weaver WATER & SEWER City of Edgewater WW & SS Southern Bell Florida Power & Light Water Pollution Control Fed. May, Zima & Company New Smyrna Builders Supply New Smyrna Plumbing Supplies Dwights Sav-On Utility Supplies Frank Hall Plumbing Smyrna Auto Parts Daytona Sand & Gravel Briley, Wild & Associates FEDERAL REVENUE Briley, Wild & Associates May, Zima & Company o o BILLS AND ACCOUNTS DECEMBER 22, 1975 City Hall, Shuflbrd.,F.D., Com. C. Street, F.D. Street, St.lite, Traffic lite Library Street P.D. Council misc. Street Street, Garbage Street, Garbage, P.D. P.D. City Hall, misc. P.D. P.D. Street Stock, misc. F.D. P.D. Finance Director Misc. P.D. Bldg. Inspector Humane Society Assistant City Attorney City Attorney 30.25 43.96 2,173.06 44.68 51.59 19.00 69.00 19.24 52.04 89.87 149.75 343.72 1.07 18.38 6.27 32.56 200.85 11.17 46.20 10.00 7.00 743.46 150.00 115.00 145.00 4,573.12 Water Water Water and Sewer Water and Sewer Water Water Water Water and Sewer Water Hater Water Hater Water and Sewer 5.50 15.35 1,249.72 25.00 350.00 2.76 49.76 6.21 33.66 6.60 13.89 13.50 134.44 1,906.39 Water and Sewer Water and Sewer 53,211.28 7,163.52 60,374.80