12-11-1975 - Regular/Public Hearing
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CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA
REGULAR MEETING HELD
DECEMBER 11, 1975
Tape 2
Side A
o min.
Mayor Dana T. Armstrong called the regular meeting of the City
Council of the City of Edgewater to order, December 11, 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 Manager N. Dale Bryant
City Attorney Joseph E. Weaver
City Clerk Sue Blackwell
Acting Chief Norman Mc Call
Present
Present
Present
Present
Present
Present
Present
Present
Present
Mayor Armstrong stated that he entertains a motion to recess
this meeting of the City Council for a period of not to exceed
25 minutes to conclude the Public Hearing.
Councilwoman Webber made such a motion being seconded by
Councilman Cairnie. Upon roll call vote said motion CARRIED.
PUBLIC HEARING
Mayor Armstrong called the Public Hearing back to order.
Mrs. Turner asked if it is true that he told them that only one
pump has been working in the City all week and that we still have
an adequate supply of water, and that this pump is only four and
a half years old.
Mayor Armstrong stated that a few weeks ago some trouble was
found in the piping which was deteriating and this would have
to be replaced. A week ago this unit was shut down and since
then we have been operating with ample water to service the
City, without full capacity of the plant.
Mayor Armstrong spoke about the rate increase and the expansion
program stating that he is going to be honest a~d say that with
his figures we don't have the money to put in this, and he said
that he doesn't want to see a rate increase and still no facilities
for it.
5 min.
Councilman Sikes stated that we all know that some of the problems
that we have today in our water and sewer plants is because our
rates have been too low where if we had increased them just a
little in the past, over the years we would have been able to make
the normal expansion and extension of lines without it becoming
up to this point a major financial disaster. He stated that we
are talking about a minor increase which we need whether we get
into this program or not.
Mrs. Viola Freeman asked how can the bills go up this small
amount when we are getting a loan for this larger amount. How
can we pay this million dollar project off with such a small
amount? She also asked why we could not add or repair the
present plant.
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Councilman Dietz tried to explain to Mrs. Freeman that the
increase we are asking for now is not for the $900,000 loan.
We had sufficient funds to handle the $700,000 loan, then
when we found out that we needed $200,000 more, this is
when we were told by our auditors that this increase would
be required.
There was more discussion about the dead end lines and why
this can not be taken care of.
Mr. Bevel asked what the alternative is if we don't do this,
and what will it cost us for the alternative?
Mayor Armstrong stated that his answer to this is that it
would be a poor business man who didn't have a back up plan.
Councilwoman Webber stated that she has worked on this from
the local government, to Federal and state. She stated that
she found out from the Federal government that our water is
sufficient, our sewer is in need of repair. She stated that
we do have an alternative of chemical feeding which will be
expensive but is a way of combatting the problem.
Ta pe 2
Side A
20 min.
Councilman Dietz asked Mr. Fernandez to explain the cost of
this chemical feeding.
Mr. Fernandez explained how this works and he stated that it
is expensive however he could not quote a dollar value.
COUNCIL MEETING
Mayor Armstrong called the regular council meeting back to order,
the clerk called the roll, all being present as shown on page 4
of these minutes.
INVOCATION
SALUTE TO FLAG
APPROVAL OF MINUTES
.
Councilman Cairnie made a motion to approve the minutes of the
special meeting, November 19, 1975, the regular meeting, November
24, 1975 and the special meeting, November 28, 1975, being seconded
by Councilwoman Webber. Upon roll call vote said motion CARRIED.
Councilman Dietz voting no on the special meeting, November 28,
1975.
25 min.
BILLS AND ACCOUNTS
Councilman Dietz made a motion that the bills be paid, being
seconded by Councilman Cairnie. Upon roll call vote said motion
CARRIED.
PRESENTATION
At this time Mayor Armstrong presented Officers Steve Kelley and
Pete Realmuto with citations for services performed above and
beyond the call of duty.
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Tape 2
Side B
COMMUNCIATIONS
Certification of posting
Budget report
Clerk's cash statement
The City Clerk read a memorandum from the Board of Adjustments
reporting the action taken at, their last Public Hearing.
Councilman Cairnie made a motion to accept the recommendation
of the Board of Adjustments denying the request for a variance,
being seconded by Councilwoman Webber. Upon roll call vote said
motion CARRIED.
The City Clerk read a letter from Mr. and Mrs. Robert Syer,
requesting a street light, and reporting that Highland Street
should be repaired.
Councilman Cairnie made a motion to table this request and place
the request in the street light file for further study, being
seconded by Councilman Sikes. Upon roll call vote said motion
CARRIED.
Councilwoman Webber asked if we have any money allocated for this?
5 min.
Mayor Armstrong answered that we don't at present.
The City Clerk read a letter
listing their new officers.
be enforced immediately, and
Official by 1976.
from the Zoning Board of Appeals
They also ask that their new code
that the City have their own Building
Mayor Armstrong stated that we have a Resolution in accordance
with part of this communication, however what is the Council's
pleasure in regard to the official.
Councilman Dietz stated that he has found an individual who is
qualified in all three phases of inspection if the Council is
interested. This man would come and talk with the Council if
they wish.
Councilman Sikes stated that he makes a motion that we table
the recommendation pertaining to the Building Inspector to our
next agenda meeting,being seconded by Councilman Dietz. Upon
roll call vote said motion CARRIED.
The City Clerk read a letter from Mr. and Mrs. Lloyd Sorensen
commending Officers Kelley and Realmuto for their quick response
to their emergency call when their son swallowed fiberglass hardner.
They were there in a moments notice.
10 min. Councilman Cairnie made a motion that we acknowledge this letter
and that a copy of it be available to the two officers who have
been commended, being seconded by Councilwoman Webber. Upon
roll call vote said motion CARRIED.
The City Clerk read a request from the Friends of the Library
in regard to a donation in the amount of $250.00 for their Folk
Art Festival to be held March 20, 1976.
Councilman_ Cairnie made a motion to grant the donation, being
seconded by Councilman Dietz. Upon roll call vote said motion
CARRIED.
The City Clerk read a letter from John Blanken in regard to his
zoning request.
Mayor Armstrong stated that there seems to be a misunderstanding
in regard to the right-of-way to the water front. He recommended
to the Council that the way to clear this up is to refer it to
the proper board and let them come back with a recommendation.
Councilman Dietz asked what the proper board would be?
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Mayor Armstrong answered that the Zoning Board of Appeals
or the Board of Adjustments, another words another board
will give us their opinion.
Councilwoman Webber stated that this would be spot zoning,
and she stated that she doesn't think the Board of Adjustments
would want to tackle a -case like this.
Mayor Armstrong stated that his request is to be referred back
to Ordinance 219.
Councilwoman Webber stated that Ordinance 219 is no longer in
effect, and Ordinance 880 was drawn up in order to upgrade the
City, and he should abide by this.
Councilman Cairnie made a motion to refer this to the Board
of Adjustments, being seconded by Councilman Dietz.
Councilman Dietz asked if this goes to the Board of Adjustments
will they do the necessary checking out of all of these facts
before they make a decision, and he will pay them $50.00 for
their Public Hearing~
Mayor Armstrong stated that this is correct.
Mrs. Murphy read a letter from a resident engineer in regard
to this property. She stated that she hopes if he submits
this request that he will certify his survey so that we will
know what footage he actually has.
Councilwoman Webber stated that she doesn't feel that this is
a variance and the Board of Adjustments is for variances
Mayor Armstrong stated that we are referring this to them for
a recommendation.
Upon roll call vote said motion CARRIED.
and Councilman Sikes voting NO.
Councilwoman Webber
Mayor Armstrong asked that the board members approach this
with a very open mind, and return to us their recommendation.
Councilman Sikes asked Mr. Blanken if he owns the right-of-
way or if it is Mrs. Lohman's right of way?
Tape 2
Side B
20 min.
Mr. Blanken stated that it is Mrs. Lohman's land, and his right-
of-way.
The City Clerk read a letter from Mr. and Mrs. George A. Davis-
worth asking for permission to replace an existing sea wall on
their river front property.
Mayor Armstrong stated that we have a Resolution on this.
The City Clerk read a letter asking for the rehiring of George
R. Katez as Chief of Police, which was signed by six citizens
of Edgewater.
25 min.
Tape 3
Side A
Councilman Cairnie made a motion that this letter be attached
to the application for the Council to refer at the time the
applications are seen January 2nd, being seconded by Councilman
Dietz. Upon roll call vote said motion CARRIED.
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The City Clerk read a request to start a taxi,_ service by
Alois Keer in the Silver Ridge area. This request is for
a temporary permit in order to see if the business would
be profitable enough for her to sell her home and move to
a business district in Edgewater.
Mayor Armstrong stated his opinion of this is that this area
is a residential section and he thinks it would be useless to
send this for a variance.
Councilman Cairnie made a motion to deny the request and he
added that we should talk to the gentleman and see if he
can't find a location in a business area to establish the
business, being seconded by Councilman Sikes.
Councilman Dietz asked if these people don't have the right
to go to the board for a variance on this?
City Attorney Weaver stated that the Board of Adjustments
is set up for variance situations to make recommendations
to the Council, and this does not come under their guidelines,
unless you just wish to have their recommendation. A variance
would be how a building would be set up on the property, a usag~
of the property is more of a zoning question.
Upon roll call vote said motion CARRIED.
The City Clerk read a letter from the Edgewater Volunteer Emergency
Rescue, Inc. requesting various items.
Mr. Bevel stated that the letter can not be considered until the
question of whether the City wants to have a volunteer rescue.
Councilman Sikes asked if they are a seperate corporation, and
the Ci~y of Edgewater is not responsible in any way at the present
time?
City Attorney Weaver stated that this is correct.
Councilman Sikes stated that if we get this into the same category
as the volunteer Fire Department, then we need to take care of the
insurance and so forth, is this right?
City Attorney Weaver stated that he has questions in regard to
this and the Fire Department.
The City Clerk stated that we are responsible for the Fire De-
partment.
Tape 3
Side A
5 min.
City Attorney Weaver said that they have an auxiliary organization
of volunteers, which is seperate from the City but they are funded
on with the City to operate City equipment that exist on City land.
He stated that the question also still remains with the Fire Depart-
ment as well as this organization about the liability.
The City Clerk stated that we are liable for the actions of the
Fire Department, they are under the City's blanket policy.
City Attorney Weaver stated that he would like to look at this
policy.
Mayor Armstrong stated that we might cut this short; we did con-
tact the underwriters on this and he has agreed to come to one of
our agenda meetings and go over this with us.
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Mr. Bevel stated that this rescue service can be insured although
the particular company the City is under now may not be large
enough to handle them.
Councilman Sikes stated that he sees good that the rescue service
is doing, however he would like to hear more about this; he made
a motion to table this and put it on our next agenda meeting and
prior to that time we cnntact our agent of record and if he can
not give us the information that we need then we can make it our
business to get another agent of record, being seconded by Council-
man Dietz. Upon roll call vote said motion CARRIED.
The City Clerk read a letter from Mr. Bruce Briggs, Director of
Volusia County Planning and Development Department in regard to
the 1975 comprehensive Planning Act and the requirements to be
met.
Councilman Cairnie stated that Mr. Briggs would like to come
and attend one of our workshops to explain this whole program,
and also to our Planning Board.
Mayor Armstrong stated that he would recommend that we refer
the sample Ordinance to our City Attorney to check it our and
make it apply to Edgewater.
Councilman Sikes made a motion that we have the Attorney check
out the Ordinance and make it apply to Edgewater, being seconded
by Councilwoman Webber. Upon roll call vote said motion CARRIED.
Tape 3
Side A
10 min.
RESOLUTIONS:
RES. NO. 619
A RESOLUTION APPOINTING TWO MEMBERS TO THE BOARD OF ADJUSTMENTS
AND APPEALS AS PROVIDED IN THE SOUTHERN STANDARD BUILDING CODE
AS ADOPTED BY THE CITY OF EDGEWATER, SETTING FORTH THEIR TERM
OF OFFICE, AND REPEALING ALL RESOLUTIONS AND PARTS OF RESOLUTIONS
IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR.
City Attorney Weaver read this 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.
RES. NO. 620
A RESOLUTION APPOINTING MEMBERS OF THE EDGEWATER LIBRARY BOARD,
SETTING FORTH THEIR TENURE AND PROVIDING THAT THE CITY SHALL
PAY THEM NO COMPENSATION AND PROVIDING AN EFFECTIVE DATE THEREFOR.
City Attorney Weaver read this Resolution in full.
Councilman Cairnie made a motion that we adopt this Resolution,
being seconded by Councilman Dietz. Upon roll call vote said
motion CARRIED.
RES. NO. 621
A RESOLUTION APPOINTING MEMBERS OF THE BOARD OF GOVERNORS FOR
THE COMMUNITY CENTER AND RECREATION OF THE CITY OF EDGEWATER,
FLORIDA, SETTING FORTH THEIR TENURE AND PROVIDING THAT THE
CITY SHALL PAY THEM NO COMPENSATION, PROVIDING FOR THEIR
TENURE, AND PROVIDING AN EFFECTIVE DATE THEREFOR.
City Attorney Weaver read this Resolution in full.
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Tape 3
Side A
15 min.
@O MIN.
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Councilman Cairnie made a motion to adopt this Resolution,
being seconded by Councilwoman Webber. Upon roll call vote
said motion CARRIED.
RES. NO. 622
A RESOLUTION APPOINTING MEMBERS OF THE ZONING BOARD OF THE CITY
OF EDGEWATER, FLORIDA, SETTING FORTH THEIR TENURE AND PROVIDING
THAT THE CITY SHALL PAY THEM NO COMPENSATION, PROVIDING FOR
THEIR DUTIES AND POWERS, AND PROVIDING AN EFFECTIVE DATE THEREFOR.
City Attorney Weaver read this Resolution in full.
Councilwoman Webber made a motion to adopt this Resolution,
being seconded by Councilman Cairnie. Upon roll call vote
said motion CARRIED.
RES. NO. 623
A RESOLUTION APPOINTING MEMBERS OF THE PLANNING BOARD OF THE
CITY OF EDGEWATER, FLORIDA, SETTING FORTH THEIR TENURE AND
PROVIDING THAT THE CITY SHALL PAY THEM NO COMPENSATION, PRO-
VIDING FOR THEIR DUTIES AND POWER, AND PROVIDING AN EFFECTIVE
DATE THEREFOR.
City Attorney Weaver read this Resolution in full.
Councilwoman Webber made a motion to adopt this Resolution,
being seconded by Councilman Cairnie. Upon roll call vote
said motion CARRIED.
RES. NO. 624
A RESOLUTION RECOGNIZING THE POLICE BENEVOLENT ASSOCIATION
OF VOLUSIA COUNTY, INC. AS THE EXCLUSIVE BARGAINING AGENT
FOR THE EMPLOYEES OF THE POLICE DEPARTMENT OF THE CITY OF
EDGEWATER, FLORIDA: REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR.
25 min. There was a question in regard to the reading of this Resolution
as to whether the entire Police D~partment was to be covered or
just the Police Officers. The straw ballot included the dis-
patchers as well as the officers.
Tape 3
Side B
5 min.
Mr. Murphy of the P.B.A. spoke to the Council stating that the
entire department voted, and would be covered.
Councilman Dietz stated that we know their feelings there should
be no argument unless you want to take something away from them
that they ha~e asked for?
Mayor Armstrong stated that there was just a misunderstanding
as to who was going to vote.
Mr. Taylor asked if it isn't true that some of the dispatchers
also work for the Fire Department?
Mayor Armstrong stated that this is correct one dispatcher does
get paid under the Fire Department salaries.
Attorney Weaver read the Resolution in full.
Councilman Dietz made a motion that we adopt this Resolution,
being seconded by Councilwoman Webber. Upon roll call vote said
motion CARRIED. Mayor Armstrong voting NO.
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RES. NO. 625
A RESOLUTION GRANTING GEORGE A DAVISWORTH OF 1320 SOUTH
RIVERSIDE DRIVE, EDGEWATER, FLORIDA, PERMISSSION TO REPLACE
A PRE-EXISTING SEA WALL ON HIS WATER FRONT PROPERTY, SAID
PROPERTY BEING DESCRIBED AS FOLLOWS: BLOCK 7 AND .LOTS 4
AND THE SOUTH ONE HALF OF LOT 4, OF BLOCK 9 AND BLOCK 10,
TOGETHER WITH THAT PART OF FIRST STREET WHICH HAS BEEN
VACATED LYING BETWEEN THE ABOVE DESCRIBED LOTS, TOGETHER
WITH SUBMERGED, SEMI-SUBMERGED AND FILLED LAND LYING
EASTERLY OF LOT 5 AND THE SOUTH ONE HALF OF LOT 4, BLOCK
10, OFFICIAL RECORDS BOOK 1514, PAGE 687, PUBLIC RECORDS
OF VOLUSIA COUNTY, FLORIDA, REPEALING ALL RESOLUTIONS IN
CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR.
City Attorney Weaver read the Resolution in full.
Councilman Sikes made a motion to adopt this Resolution,
being seconded by Councilman Dietz. Upon roll call vote
said motion CARRIED.
ORDINANCES:
Tape 3
Side B
10 min.
ORD. NO. 943
AN ORDINANCE REPEALING ORDINANCE NO. 889 WHICH ORDINANCE
ADDED SECTION 2-lA TO PROVIDE FOR THE HIRING AND RESPON-
SIBILITIES OF NORMAN DALE BRYANT AS CITY MANAGER, REPEALING
ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH, AND
PROVIDING AN EFFECTIVE DATE THEREFORE.
City Attorney Weaver read the Ordinance in full! This is the
second reading of this Ordinance.
Councilman Cairnie made a motion that this Ordinance be adopted,
being seconded by Councilwoman Webber.
Paul Walls asked if this wipes out the provision in the Charter
that we may have a City Manager?
Mayor Armstrong stated no, this does not have any effect on
this at all.
Upon roll call vote said motion CARRIED. Councilman Sikes
and Councilman Dietz voting NO.
Councilman Cairnie made a motion that our City Manager be paid
severance pay of two weeks, being seconded by Councilman Sikes.
Upon roll call vote said motion CARRIED. Councilwoman Webber
voting NO.
15 min.
Mayor Armstrong stated that as far as Mr. Bryants cooperation
with the City government has been nothing but excellent in the
every day duties in City Hall.
City Manager Bryant spoke to the Council at this time, thanking
them for the opportunity to work for the City of Edgewater, and
he stated that he wishes the best for Edgewater and would be
more than happy to do anything he can if ever needed.
Before reading the following Resolution, the Council instructed
Attorney Weaver of the figures to fill in the blanks which had
to be left, until this time.
20 min.
Attorney Weaver stated that prior to reading the Resolution, a
motion would be in order to handle this on an emergency basis.
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Councilman Cairnie made a motion to handle this on an emergency
basis, being seconded by Councilman Dietz. Upon roll call vote
said motion CARRIED.
Tape 3
Side B
25 min.
There was some discrepancy as to whether the figures were going
to be l5~ per bill or 15% of the rate. City Attorney Weaver
stated that he has prepared the figures as a l5~ increase on
,each figure.
Councilman Dietz stated that this is the guidelines set forth
by the F.H.A., and the auditors.
ORD. NO. 944
AN ORDINANCE AMENDING SECTION 5 OF ORDINANCE 896 TO REFLECT
AN INCREASE IN WATER AND SEWER RATES IN THE CITY OF EDGEWATER,
FLORIDA: REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT
HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFORE.
Tape 4
Side A
Attorney Weaver read this Ordinance in full.
Councilman Dietz made a motion to adopt this Ordinance, being
seconded by Councilman Sikes.
Councilman Cairnie stated that it should be 15%, which he read
from one of the forms.
Attorney Weaver stated that this was figured on the old rate of
$2.50, and it was rounded off.
Mr. Taylor asked who gave us these figures in the first place?
,
Mayor Armstrong stated that May, Zima gave us the figures,
however he explained that he differs with some of the figures.
Mr. Opal spoke to the Council urging that this be voted down
for the sake of economy and the people do not desire going
through a bond issue that is going to be for years.
Mr. Lodico stated that he would like to say to the Council,
don't be penny wise and f06lish.
5 min.
Upon roll call vote, said motion DIED. Councilwoman Webber,
Councilman Cairnie, and Mayor Armstrong voting NO.
Mayor Armstrong stated that he would like to s~y that the public
might as well expect an increase soon because in order to keep
the system that we have there is going to have to be an increase
in revenue.
Mrs. Opal stated that we would be glad to pay it as long as we
don't have to pay a million dollars.
Mr. Fernandez stated that he needs some instruction to return
the bid bond to the contractor.
Councilwoman Webber made a motion that we return the bid bonds,
being seconded by Councilman Cairnie.
Councilman Sikes stated that the question Mr. Fernandez is asking
is it the intent to construct the sewer or the water plant, if it
is not this Council's intent then he will then return the bid bonds.
The motion is to return the bid bonds, we don't know whether they
want the water and sewer improvement project or not.
Councilwoman Webber stated that she thinks that is understood.
Councilman Sikes stated that this should be a matter of record
so that everybody will know three years from now when we have
to do all of this over again at a higher rate, and he stated
that he feels it should be a matter of record of those who are
opposing this project.
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Mayor Armstrong stated that he regrets that Mr. Sikes is making
a personal issue out of this, and he called him out of order.
Councilman Dietz asked why we are beating around the bush, if
you don't want the water and sewer plant, then say it.
Mayor Armstrong stated it is not that we don't want it, we don't
want to go in bondage for it.
Mr. Fernandez repeated his question, as to how he was to advise
the contractor and what to do with the bid bond.
Councilman Cairnie withdrew his second to the motion, Council-
woman Webber withdrew her second.
Councilwoman Webber made a motion that we return the money for
the bid bon~and therefore negate the possibility of upbuilding
the water and sewer plant at this time, being seconded by
Councilman Cairnie. Upon roll call vote said motion CARRIED.
Councilman Sikes and Councilman Dietz voting NO.
Mr. Fernandez stated that he would like to be directed to put
in an application for an operating permit to the present facilities.
Councilwoman Webber made a motion to authorize the engineer to
make application for an operating permit, being seconded by
Councilman Cairnie. Upon roll call vote said motion CARRIED.
Councilman Sikes asked Mr. Fernandez if there is any question
of us getting this permit?
Mr. Fernandez stated that there is a very real question. He
added that he understands that there is presently investigation
being made by the State in regard to the reports being made at
this time.
Councilman Cairnie stated that if our reports have been wrong
he puts the blame on Briley, Wild, because you are the one who
instructed our operators how to get their reports.
Mr. Fernandez stated that there is a state certified operator
working for the facility and he certifies each month that the
reports are correct. He added that he has never been authorized
to follow up his reporting and make sure he is doing it correctly.
Councilman Sike.s asked if there are any violation of any permits
at the present time?
Mr. Fernandez stated that at present your flow is in excess of
your permitted condition.
Councilman Dietz asked what happens if we don't get the permit?
Mr. Fernandez stated that the enforcement branch of the Depart-
ment of Environmental Regulations would set a coarse of action
for the City to take, it could require upgrading the plant or
15 min. something to lighten the load of the plant, which could mean
putting the burden on another facility.
Councilman Sikes asked if there is a time limit that we will
have to work under, or are we looking at a possible expense
that we should act on?
Mr. Fernandez explained that two things could happen, one being
the 201 Plan with 75% Federal funding. Under this, treatment
sites will be established throughout southeast Volusia Coun~y.
The second thing, you can go back and locate where specifically
the repairs are needed, and prepare a cost estimate for repair.
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Mayor Armstrong explained that we had previously advertised for
applications for a Police Chief. The advertisements in the local
papers appeared as directed, however the ad was never placed in
the magazine and he asked the Council's pleasure in regard to
re-advertising this.
Councilman Dietz made a motion that we just forego the advertise-
ment in the magazine and use the applications that we have now
and if they are not suitable then we will advertise at that time,
being seconded by Councilman Cairnie. Upon roll call vote said
motion CARRIED.
Councilman Sikes asked how we are going to go about looking over
these applications?
Mayor Armstrong explained that we will have to call a special
meeting and we will g~ over them one by one.
NEW BUSINESS:
Mayor Armstrong stated that we have information on an appeal
from the Department of Commerce related to the unemployment
compensation of George R. Katez. This appeal is set up to
give the City the opportunity to present their side of the
story.
Mr. Katez spoke to the Council in regard to this, stating that
the City got notice of the first appeal, because it was opened
by the Deputy City Clerk.
Mrs. Woodard asked who sent for another appeal on this?
Mayor Armstrong stated that it was set up to afford the em-
ployer another opportunity to be heard.
Councilman Sikes stated that what he thinks happened, was the
letter came in addressed to 148 West Connicutt Avenue, and when
Mrs. Crouser opened and saw this address, she thought it was his,
and rather than turning it over to the Mayor or the City Clerk,
she had the patrolman deliver it to Mr. Katez.
Mr. Katez stated that'this is correct, however Mrs. Crouser
called hjs wife and told her what it was in reference to.
Councilman Sikes asked the City Clerk if she was advised.
The City Clerk answered no, that she was not.
Tape 4
Side B
20 min.
Mr. Walter Gross stated that George Katez was cleared of all
charges and received his unemployment, then someone in the City
must have asked to reopen his case and have another hearing.
Councilman Dietz stated that no charges were made.
Mr. Gross stated that he thinks that Mr. Bryant asked to have
this reopened, because the City had to pay Mr. Katez his un-
employment.
Councilman Dietz stated that he doesn't think Mr. Bryant did
that, because it doesn't state- that on the notice.
Attorney Weaver stated that he would say that the reason for
granting a new hearing is the fact that we acknowledged to
them that we did not get notice of the first hearing.
Councilman Sikes made a motion that we send our City Attorney
to the hearing December 18, at 1:30 P.M., being seconded by
Councilman Dietz.
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Tape 4
Side A
20 min.
25 MIN
Tape 4
Side B
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Mayor Armstrong stated that .he would like to invite Mr. Fernandez
to the meeting with Mr. Briggs for discussion in regard to this
program.
Councilman Sikes made a motion that we ask our engineer to attend
the 'County meeting on the 201 Program and at such time the date
is determined our City Clerk can notify him, being seconded by
~ouncilman Dietz. Upon roll call vote said motion CARRIED.
ORD. NO. 945
AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 724 TO ALLOW AN
EMPLOYEE WHO HAS ATTAINED THE AGE OF 70 YEARS TO REMAIN IN THE
EMPLOY OF THE CITY UPON APPROVAL OF THE CITY COUNCIL, REPEALING
ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH AND PRO-
VIDING AN EFFECTIVE DATE THEREFORE.
City Attorney Weaver read this Ordinance in full.
Councilman Cairnie made a motion to adopt this Ordinance, being
seconded by Councilwoman Webber. Upon roll call vote said
motion CARRIED.
ORD. NO. 946
AN ORDINANCE GRANTING PERMISSION FOR THE TRANSFER OF THE CUM-
MUNITY ANTENNA TELEVISION FRANCHISE FOR EDGEWATER, FLORIDA TO
TELEPROMPTER SOUTHEAST, INC., A WHOLLY-OWNED SUBSIDIARY OF
TELEPROMPTER CORPORATION, REPEALING ALL ORDINANCES AND RESO-
LUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE
THEREFORE.
City Attorney Weaver read this Ordinance in full.
Councilman Cairnie made a motion to adopt this Ordinance,
being seconded by Councilman Sikes.
Mr. Jones of Cable TV spoke to the Council, explaining this
action.
Upon roll call vote said motion CARRIED.
OLD BUSINESS:
Attorney Weaver spoke to the Council in regard to the occupational
license tax on real estate salesmen. He stated that whatever
changes are to be made, each section of Ordinance 766 should
be looked over very carefully to make sure that you are not
doing anything inconsistantly. He stated that this could be
justified either way whether or not you charge an occupational
license is to your discretion.
It was questioned how other Cities handle this.
Councilwoman Webber made a motion that we table thisand have
the City Clerk check this out to see what other Cities do,
being seconded by Councilman Cairnie. Upon roll call vote said
motion CARRIED.
Attorney Weaver reported on his research in regard to Mr. Corbett
Smith's request to establish a junk yard or an automobile grave
yard. He stated that the Ordinance does not permit this type of
use in the area in question and he stated that he does not recom-
mend giving Mr. Smith a license to carryon this activity because
it could be construed as a rezoning of the property.
10 min. Councilwoman Webber made a motion to deny the request, being
seconded by Councilman Cairnie. Upon roll call vote said motion
CARRIED.
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25 min. There were various comments made from the audience.in regard
to this.
Upon roll call vote said motion CARRIED. Councilwoman Webber
voting NO.
Tape 5
Side A
City Attorney Weaver reported on when records become public
records, which he was asked to research. He explained that
copies were made of the State laws. He read from these laws,
explaining that under Section 119.011, public records mean
all material regardless of physical form made or received,
which means as soon as a letter is typed to the Mayor or City
Council, at that time it becomes public record, even before
it is received. For example someone can send us a letter and
send a copy to the newspaper; it is public record, and shall
at all times be open for public inspection of any citizen of
Florida. He read the penalty clause in regard to.this law.
Councilman Dietz made a motion that we instruct the City Clerk
to purchase a stamp with the date, and when she receives any
correspondence addressed to the Mayor or to the Councilor any
information that would be pertinent to the operation of the
City of Edgewater, she would make copies of all said correspon~
dence and distribute them to the boxes of the Mayor and Council,
being seconded by Councilman Sikes.
Councilman Sikes asked if the City Clerk gets a letter today
and she copies it and puts it in our boxes, it may be we don't
check our boxes for five or six days, however it is there, in
the event that the press or anybody else comes in and asks for
a copy of that letter is the City Clerk authorized to give them
a copy of that letter?
Councilman Dietz stated that she is required by law to do so.
Mayor Armstrong stated that she is not really authorized to
give them a copy, however she can make it available to them,
or have a copy made and charge them a fee.
Councilman Sikes stated that as far as he is concerned no
Councilman should have any personal mail coming to the City,
and he feels that if mail is addressed to him and it comes
to City Hall, that the City Clerk should have the authorization
to open that mail and make copies available as public record,
and does she have that authority under what we have just read?
City Attorney Weaver stated that that is public record whether
it is open or not.
Upon roll call vote said motion CARRIED.
MISCELLANEOUS:
Mayor Armstrong stated that the next item is the bills for
Briley, Wild and Associates and the legal services with
10 min. reference to Farmers llome Administration program.
Mr. Fernandez explained that the contract was signed, and he
explained what exactly the bill is for. He answered several
questions from the Council.
There were several comments made from the audience opposing
the"payment of these bills.
Mayor Armstrong recommended that the bills be tabled until we
can have further discussion, we want to be fair and honest, however
he stated that he would like to look over the past documents and so
forth.
Councilman Dietz asked who is going to get this information and
talk with the officers of Briley, Wild?
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Mayor Armstrong stated that he will discuss this with them and
look into it, and he would report back to the Council.
Councilman Dietz stated that we might as well get the auditor's
bill at the same time and handle all of these bills together.
City Attorney Weaver stated that he will speak for himself about
his bill, and to notice the notation on the bill which says that
doesn't reflect all the work done to date and I will negotiate
to the point that I won't bill you for any additional work, the
total contract price is $8,750.00. The amount of the bill issued
is $4500.00.
Mayor Armstrong asked if this bill was made by the rule of the
thump or what?
City Attorney Weaver stated that this was by contract.
Councilman Cairnie stated that he thinks that Mayor Armstrong
should sit down with the Briley, Wild organization, and see
if you can work out something to put us ahead of the situation
with the sewer department to handle this temporarily, and he
stated that he made this as a motion, being seconded by Council-
woman Webber.
Councilman Sikes stated he thinks that we should have a time
limit because this bill has been sitting in City Hall since
October 28, and he just got his this afternoon.
Councilman Dietz stated that we should instruct the City Clerk
to notify the auditors of the decision that was made tonight,
and get their bill in here too.
Upon roll call vote said motion CARRIED.
Mayor Armstrong stated that this concludes the agenda.
City Attorney Weaver stated that his bill has not been taken
care of. He said that he has negotiated with you, he will not
charge more than $4,500.00.
Councilman Dietz stated that he thinks we should go ahead and
pay this before he changes his mind.
Councilwoman Webber made a motion to pay the City Attorney,
being seconded by Councilman Dietz.
The City Clerk asked what account should this be paid from?
Councilman Dietz stated that this should be paid out of the
Federal Revenue account, where the money was appropriated for
water and sewer improvements.
Mayor Armstrong stated that Councilman Dietz answered the question.
25 min.
Upon roll call vote said motion CARRIED. Councilman Cairnie and
Mayor Armstrong voting NO.
Attorney Weaver stated that he has been associated with the City
of Edgewater for four years now, and he has enjoyed it although
it has been hard a few times. He stated that he has a few com-
ments to make pertaining to the mayor and violations of the law
which are established on the record. He suggested that the Council
-17-
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o
rediscuss and adopt another resolution designating the vice
mayor and acting mayor, because there is proof on the tapes
that discussion of this particular subject took place outside
the meeting. Also the next suggestion dealing with the Public
Records law, he stated that he respectfully requests that the
mayor resign his office. He read the penalty section of this
law which states that any official violating this provision
shall' be subj ect to removal or impeachment and in addition be
6uilty of a misdemeanor in the second degree.
'Mayor Armstrong stated that he respectfully declines to do so.
Councilman Cairnie stated that what Mr. Weaver is talking about
is not on the agenda, and he thinks that he is out of order.
Councilman Dietz read from the copies of the law that anything
can be brought up at a meeting even if it has not been put on
the agenda as long as it pertains to City business.
Mayor Armstrong stated that he isn't accusing Mr. Weaver of
purposely telling us anything wrong, however he thinks that
a lot of times we have been illy advised.
Councilman Dietz read; that governed in the Sunshine Law does
not prohibit a board or commision from taking action on a matter
which has not been placed on the agenda, but it does prohibit a
board or commision from holding a public meeting without reasonable
notice to the public. He stated that this came up about six
months ago, and we were all under the impression that this was
against the Sunshine Law, but this is not true.
Councilman Cairnie made a motion that we adjourn, being seconded
by Councilman Dietz.
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Mayor
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ATTEST:
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Approved this g day
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Counc i 7 . . . ~
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. . .
GENERAL FUND
City of Edgewater WW & SS
Florida Power & Light
Southern Bell
Daniel W. Cory
Sentinel Star
J.E. Tumblin Insurance
The Pelican
Fla. Assoc. of City Clerks
Public Gas
Edgewater Electric
Gasoline Alley
Fla. State Firemen's Assoc.
Standard Oil Company
New Smyrna Chrysler-Plymouth
News Journal Corporation
Magnolia Lawnmower Service
Smokey's Automotive Service
W.S. Darley & Company
R.E. Morris
Smith & Wesson Chem. Co.
Magnolia Motor Company
Taylor Brothers Tires
New Smyrna Plumbing Supplies
Diversified Electronics
G.A. Thompson Co.
Xerox
Dwights
Freeway Motors
Smyrna Auto Parts
Ropps Automotive Electric
City Auto Supply
City of New Smyrna Beach
J.E. Tumblin Insurance
WATER AND SEWER
City of Edgewater WW & SS
Florida Power & Light
Southern Bell
Public Gas
New Smyrna Beach News
The Pelican
News Journal Corporation
Mulitgraphics Division
Burroughs Corporation
Hughes Supply, Inc.
Taylor Brothers Tires
All State Pipe Supply
Chemical Equipment
Fla. Water & Pol.Control
Dept. of Health & Rehab.
New Smyrna Builders Supply
New Smyrna Plumbing Supplies
Conrad Yelvington Distrib.
RENEWAL AND REPLACEMENT
Conrad Yelvington Distributors
~ILLS AND ACCOUNTS
DECEMBER 11, 1975
CJ
Street, Ballpk.
F.D.,City H.,Com.C.,Ballpk.,Park & Pier
F.D., City Hall
Misc.
P.D.
F.D., Gen. Gov. renewal
City Manager
Misc.
Street
Street
P.D.
F.D.
Street
P.D.
P.D.
Street
Garbage
Finance Director (dog tags)
Street
P.D.
Garbage
P.D., Street
City Hall
P.D., F.D., Street, City Manager
P.D.
City Hall
Mayor & Council
P.D.
P.D.
P.D., Street
P.D., Street, Garbage, City Manager
P.D.
Workmen's Compensation
12.10
387.43
329.97
7.50
50.70
2,728.25
4.45
10.00
16.63
10.00
17.27
280.00
672.29
12.81
28.98
6.00
355.94
48.28
5.80
64.30
32.58
201.00
10.50
197.85
102.00
135.00
19.29
115.57
24.77
190.29
127.67
48.00
12,930.00
Sewer
Water and Sewer
Sewer
Sewer
Water and Sewer
Water and Sewer
Hater and Sewer
Water and Sewer
Water and Sewer
Water
Sewer
Water
Water
Sewer
Water
Sewer
Sewer
Sewer
Sewer
19,183.22
5.50
381.15
18.60
25.88
3.50
2.55
3.15
5.56
32.00
35.80
2.00
99.77
39.69
30.00
20.00
4.50
4.24
271.25
985.14
45.00
45.00