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10-23-1975 - Regular .. '. o o l~ -t.. '\ CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA REGULAR MEETING HELD OCTOBER 23, 1975 ~., n'~ ~ ~~mt:l~ : t .~, i. n 1~ ~.r;J ., .,a" H ~.". .;;. '.". ~ ,~(!I'.'1 y., i\oi (<, -;. ..'~ ',.' ~__ .Ii "~"~~: .1;'~ ,.t; in" ,:j Ii ~':EJ,I,,~...~ 11 ~i ~'~~~,}; The regular meeting of the City Council of the City of Edgewater was called to order by Mayor David C. Severance, Thursday, October 23, 1975, at 7:30 P.M. ROLL CALL Mayor David C. Severance Councilman Jacob Lodico Councilman William H. Cairnie Councilman Walter B. Sikes Councilman Calvin R. Dietz City Man~gerDale Bryant City Attorney Joseph E. Weaver City Clerk Sue Blackwell Acting Chief McCall Present Present Present Present Present Present Present Present Present INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES Councilman Cairnie made a motion to approve the minutes of the regular meeting of October 9, 1975, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. BILLS AND ACCOUNTS Councilman Lodico made a motion that the bills be paid as read being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. PRESENTATION Tape 1 Side A 15 min. Mr. Rick Fernandez gave a report on his meeting with the Director of the Orlando Regional Department of Environmental Regulations regarding water and sewer extensions in Florida Shores. Mr. Fernandez spoke to the Council in regards to the bids received for the water and sewer expansions. He stated that there are three alternatives: (1) the do nothing alternative, which at this time we are meeting the minimum acceptable requirements (2) We could go along with plans from the County, and construot a pumping station rather than treating the sewage, we could send it to New Smyrna to be treated. This would be of an expensive cost to the City of Edgewater and their residents. (3) The City could file an amended application with F.H.A. for an additional $200,00 in loan funds. Mr. Fernandez stated that he feels that the City has receiv~d good bids for the project and it is in the best interest to proceed with both of these projects. He stated that he is recommending that the fol~owing action be taken: (1) that the Council authorize the Mayor to sign the application to request the additional funds from F.H.A. (2) that a tentative award be o o Tape 1 Side A 20 min. made to American Consolidated, subject to the following; bond validation completion, review and acceptance of the equipment schedules submitted by American Consolidated. Councilman Dietz question the grid handling facility which was included in the bid. Mr. Fernandez stated that he is not recommending the construction of the grid handling facility at this time. Mr. Cliff Cunningham stated that the total existing debt that the City of Edgewater now owes in accordance with the Ordinance that was validated and the bonds issued is 2 million 304 thousand 22 dollars and 29 cents, ($200,304,022.29) less $94,476.99 which has been paid this'year. He explained that $400,626,972.00 is the old plus the proposed new debt. Mr. Cunningham further explained his report to the Council, reading the schedule that he worked out. Tape 1 Side B Councilman Sikes asked Mr. Cunningham if we would ever be in the position a few years from now to receive a loan at 5%? 5 min. Mr. Cunningham stated that this has been reviewed and it is our opinion that you could not go to the bond market and sell bonds. He stated that one of most successful marketers of municipal bonds reviewed your ordinances and your financial statements, and he said that there is no way that we can market bonds with the City of Edgewater. There is a requirement that your revenues have got to be less your operating expenses have got to be 1 1/2 times more than your maximum annual debt service, which is in the neighborhood of $95,000. He stated that in his opinion, the City Council would be making a grave mistake to pass up 5% money today. Mr. Cunningham stated that he heard the man give indication that he could find another $200,000 for the City of Edgewater, and his recommendation is that you validate the $700,00 and request the additional $200,000. Councilman Sikes questioned the power the County has over the City. He asked Mr. Cunningham what would happen to this debt in the event the County comes in and takes over the water system? Mr. Cunningham stated that from what he understands that if the County came in and took over your system, they would probably absorb the debt also. C~uncilman Sikes asked if we do not construct this plant, the County has the right to come in and require that we hook up to the New Smyrna plant. Mr. Cunningham stated that as he understands the New Smyrna plant has been designed as a regional plant. If you do not have your system to meet with the Federal Agencies, they will tell you where you will hook up, and it would be his guess that you will continue to pay your debt and also absorb their debts. 10 min. Councilman Cairnie asked where the money is coming from for all the additional fees, such as construction cost, bond attorneys fees, our own attorney's fees, engineering fees,cost of clearing the land. Mr. Cunningham stated that this is in the report and it is all estimated. 15 min. Councilman Lodico stated that our water rates will only go up about 26~ more than they are now. Mr. Cunningham spoke again to the Council about the bond market. F -2- u o Tape 3 Side A o min. Questions were answered from the audience. Mr. Gross asked how could the people of Edgewater be asked to co-sign for such a debtedness. Mr. Cunningham explained that there are no liens on any property in Edgewater, therefore, the people are not co-signing anything. Mr. Fernandez stated that we are meeting the State requirements at the present time which is 90% discharge, however if you want to increase your flow it will require more advance treatment. Mr. Fredericks asked howlongwill our rates stay at 15%? Mayor Severance stated until 1981, according to the amortization schedule. Councilman Sikes stated that so that there will not be any mis- 10 min. understandings, this 15% is based on now rates and cost of chemicals and labor, now if the cost of these chemicals and labor goes up, it could require another increase. Mr. Cunningham stated that this is correct,however a 9% cost of labor, etc was figured in. Mrs. Murphy questioned whether any other engineer was involved in this schedule. It was explained to her that the City only employed their engineers to handle this. 20 min. Mr. Armstrong spoke to the Council on this, and he asked the reason for going from a floating up digester to an air rated system. Rick Fernandez stated that this is more desirable for use be- cause of sludge being much easier to handle and also you have less operative problems, there is less overfeeding. Mr. Armstrong asked if with this new plant, are we going to be able to get parts easily, or are we going to have obsolete equipment which we can not replace? Tape 2 Side B Mr. Fernandez stated that we will be able to get replacements. There is a warranty period for almost all of the equipment. Mrs. Webber stated that when the bids were opened, Mr. Fernandez said that we would be very foolish not to add in the grid handling facility, and she asked if he is saying now that we don't need it? Mr. Fernandez explained the operation of the grid handling facility, and he stated that this is not critical to the process of the plant and he stated that he did not feel the bid was a good expense at this time for the City. 5 min. Councilman Dietz asked Mr. Fernandez to read his recommendation to the Council. Mr. Fernandez repeated his recommendation as he stated earlier in the meeting, explaining that the equipment list should be checked very closely. LO min. Mrs. Woodard asked what areas of Edgewater will benefit from the water and sewer plans? Mayor Severance stated that the entire City of Edgewater will bene--- fit. .-- -3- "J o o Mr. Fernandez explained the future plans for the Florida Shores area in regard to the sewer expansion. 15 min. Councilman Dietz made a motion to table this until Monday night, October 27th when we can call a special meeting to give us all time to digest what we have learned, and to make our decision that night, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. At this time there was a five minute recess. COMMUNICATIONS: Certification of Posting The City Clerk read a letter from Mr. and Mrs. Robert Taylor, to Mayor Severance, commending him for his actions while Mayor. Tape 4 Side A City Manager Bryant read a recommendation from the Merit Board requesting pay increases for the following: Elizabeth J. Crouser from Clerk lIE to Clerk II F, Calistus Dalrymple from Laborer III C to Laborer III D, Sandra Davis, from Dispatcher I D to Dispatcher I E, Richard Dobson from Equipment OperatorI C to Equipment Operator I D, Susan Janda from Clerk I D to Clerk I E, Stephen Kelley from Patrolman D to Patrolman E, Normal Mc Call from Lt. C to Lt. D, Paul Ream from Laborer III C to Laborer III D, Samuel Vickers from Operator I C to Equipment Operator I D. Councilman Sikes made a motion to accept the recommendations of the Merit Board, being seconded by Councilman Lodico. Councilman Lodico asked who recommends these raises? Mayor Severance stated that the City Manager and the supervisors are the ones who recommends the raises. 5 min. Councilman Dietz stated that we just passed a budget with a 5% and a 2 1/2% increase built in, and we over spent our last years budget, someplace down the line we are going to have to stop something, and he stated that he feels that this should be held up a little. Mayor Severance stated that we did anticiapte a 5% increase for all city employees, and not all of the employees are'going to ee recommended for a raise. Councilman Dietz stated that he is not against these raises, just at this time, because we just gave the employees a 2% increase. Lt. Mc Call stated that the other workers have already got 10 min. their raises and they got the 2 1/2%, and the workers who are coming up now for increases are going to have to wait another year now before they can get their raises? Councilman Dietz stated that we are not talking about people who have Just come here, we are talking about people who are making good money now. Lt. Mc Call explained from his own point of view, he has been here eight years, and a patrolman who Just got his step raise of one year is now making more money than he is. Councilman Dietz stated that we have to pick individuals, not just go by steps. --4- I o v Councilman Sikes stated that the City employees are what makes the City, and if we are going to cut we should cut somewhere else. Mr. Gross stated that he feels that our standard salary in the City of Edgewater is way lower than what it should be. Mr. Mackie stated that if this was estimated and appropriated in the budget what is the problem? Mayor Severance explained that it was appropriated for, however what Councilman Dietz is speaking of is the over expended from last year which is going to come out of this budget. 15 min. Upon roll call vote said motion CARRIED. Councilman Cairnie and Councilman Dietz voting NO. City Manager Bryant rea~ a recommendation from the Zoning Board in regardto granting a variance to Mr. James R. Craig. Mayor Severance stated that he would entertain a motion from the Council that this request be forwarded to the Board of Adjustments. Councilman Cairnie made a motion to that effect, being seconded by Councilman Lodico. Mr. Mackie explained that this came up to the Zoning Board and they sent the recommendation to the City Council because they had been criticized about sending people to the wrong places, so they decided to send this to the City Council for them to send to the correct board. Upon roll call vote said motion CARRIED. City Manager Bryant read a report from the Edgewater Bicentennial Committee, explaining different activities to be undertaken. 25 min. Mayor Severance spoke that the bicycle path is the only item in the report which will require being funded, and perhaps this should be looked into further. rape 3 Side A Councilman Sikes made a motion that we authorize the Mayor to sign the document setting us up as a Bicentennial City, based on the recommendations from the committee's report, excepting therefrom that part pertaining to the bicycle path, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. RESOLUTIONS: RES. NO. 604 A RESOLUTION SUPPORTING THE ESTABLISHMENT OF A WEATHER STATION IN COASTAL VOLUSIA COUNTY AND RECOMMENDING THAT LOCAL GOVERN- MENTS ADOPT SIMILAR RESOLUTIONS, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. City Attorney Weaver read this Resolution in full. Councilman Cairnie made a motion that this Resolution be adopted, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. -5- , . o o ORDINANCES: ORD. NO. 941 AN ORDINANCE ESTABLISHING THE BUILDING CODES OF THE CITY OF EDGEWATER, FLORIDA, PROVIDING FOR ADOPTION OF CODES AND AMENDMENTS THERETO, FURTHER PROVIDING FOR REGULATION OF GENERAL CONTRACTORS AND INSTALLATION OF PUMPS AND IRRIGATION SYSTEMS, FURTHER PROVIDING AN EFFECTIVE DATE THEREFORE. City Attorney Weaver read the Ordinance by title only. Councilman Lodico made a motion to adopt this Ordinance, being seconded by Councilman Cairnie. Councilman Dietz questioned if the changes were made about the flood control and that all changes will be adopted automatically unless recommended otherwise? Attorney Weaver explained where these changes are made. Upon roll call vote said motio n CARRIED. Attorney Weaver stated that he would delay codifying this into a book until we have a record of how it is going to work. Tape 3 Side B 5 min. ORD. NO. 942 AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE 940 FOR THE PURPOSE OF RESTRICTING APPLICATION OF ORDINANCE 940 TO THE SILVER RIDGE SUBDIVISION, REPEALING ALL ORDINANCES AND RESO- LUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFORE. City Attorney Weaver read the Resolution in full. Councilman Dietz made a motion to adopt this Resolution, being seconded by Councilman Lodico. Mrs. Webber questioned if this was completely legal or if it is spot zoning. Attorney Weaver stated that this is not spot zoning. Upon roll call vote said motion CARRIED. Mayor Severance explained that these Ordinances will come up for second reading after the new Council comes in. OLD BUSINESS: City Manager Bryant read a schedule of the costs for repairing the sewer lines on Flagler Avenue. Mr. Bryant also stated that he concurred with the engineer in regards to this. 10 min. Councilman Dietz made a motion that we instruct the City Manager to proceed with the repair of this line and that the Resolution be drawn up for the withdrawal of the money from the Renewal and Replacement Fund to pay for said costs, being seconded by Council- man Cairnie. Councilman Sikes asked if we shouldn't place load limits on some of these streets. There was quite a bit of discussion in regards to different roads _6- o o in Edgewater where a load limit should be posted. Mr. and Mrs. Turner spoke that Thomas Street needs such protection. Mayor Severance stated that Mr. Bryant could check into the Thomas Street area. Upon roll call vote on the motion to proceed with the sewer line repairs on Flagler Avenue, said motion CARRIED. Mayor Severance stated that the next item is the Merit Board job descriptions. Councilman Lodico made a motion to table this until the new Council takes over, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Mayor Severance voting NO. 20 min. Mayor Severance stated that the next item is the Pointer Subdivi- sion, which we discussed at the workshop. City Attorney Weaver stated that the only thing the City can do is ascertain if the buildings are in accordance with the set- back requirements, and we should not get involved with the property line disputes. Councilman Dietz made a motion that we table this until we get the information that we are waiting for, being seconded by Councilman Lodico. 25 min. Mayor Severance asked the City Attorney, if while we are waiting for this paperwork to be prepared, would a motion be in order that we stop any future permits until we receive this certification? Attorney Weaver stated that we could receive this information in a days time. Tape 4 Side A Mr. Hall spoke to the Council that this should have been looked into before the man was allowed to build one house out there. Councilman Sikes stated that we had every reason to believe that he was abiding by the setbacks because of the inspector. Upon roll call vote said motion CARRIED. Mayor Severance stated again that he feels that the building permits should be held so that another violation is not made. Councilman Dietz stated that if we stop this man from building he may have some kind of legal recourse, and we don't want to get into that kind of trouble. Mayor Severance stated that he is not satisfied because of the different surveys, and if he builds more homes, and if the Council determines that they are in violation, that home comes right down to the ground. Councilman Dietz stated that he should be put on notice that this action will be taken if he is in violation. 5 min. Mayor Severance read a letter which was written to Mr. Me Gough in regard to this. Mayor Severance still stated that he feels that no more building permits should be issued for that area, because if one is in violation now and he builds more it is going to cost him a lot to tear them down and rebuild or whatever. Attorney Weaver stated that it is not necessary to stop the building permits, put the burden on them. -1- o ~ Councilman Dietz made a motion to put Government Builders on notice that the City of Edgewater has had numerous complaints about the setbacks and the surveys made on the construction of the homes that they are proceeding with in the Knapp Avenue and Perdita Street area in Pointer Subdivision, and if these violations prove valid, there will be no certificate of occupancy issued, being seconded by Councilman Cairnie. 10 min. There were several comments from the audience in regard to the building permits being held up so that this is not done again before we get the permits checked. Upon roll call vote on the motion, said motion CARRIED. Mayor Severance voting NO, stating that he still feels that they should not be allowed to start something else that might be wrong too. Mayor Severance stated that the next item is freezing all raises for one year. Councilman Cairnie stated that he would make this a motion to throw it out for discussion, beiqg seconded by Councilman Dietz. Councilman Dietz stated that he feels if a man earns a raise he should get it, but the idea of moving everyone up by steps he does not agree with. 15 min. Mayor Severance tried to explain that the Merit Schedule of steps and grades was set up for better control and consistency in giving raises, it is already set out for you to look on the schedule and recommend the raise. Also the steps are arranged so that the people with more responsibilities and duties are set on the schedule at a higher level. Upon roll call vote said motion DIED. All Councilmen voting NO. Councilman Dietz made a motion that Lt. Mc Call will get $50.00 extra a month while performing the duties of Chief as acting Chief of Police and that this be retroactive back to the time that he was appointed Acting Chief, being seconded by Council- man Sikes. Upon roll call vote said motion CARRIED. MISCELLANEOUS; City Manager read a request of Mr. Ross Sullivan for permission to erect two signs on the roof of his building. Mr. Bryant stated that this type of sign is not permitted under the Zoning and he told Mr. Sullivan this. Mr. Sullivan changed his request to signs to be placed on the sides of his building. Councilman Dietz stated that they will still be on the roof. 25 min. City Attorney Weaver stated that the Sign Ordinance has been tabled, and the only present Ordinance we have on signs is Ordinance 96. Councilman Sikes stated that this man has gone to a lot of trouble to fix up his building, and he is not going to put anything up that is going to look cheap. Mayor Severance stated that there is really no action that the Council can take, as long as he complies with Ordinance 96. Mayor Severance instructed the City Attorney to notify this man. -8- ; o u Tape 4 Side B Mrs. Webber asked if something could be put in the paper to clarify the question that is going to be put on the referendum. Councilman Dietz stated that we can instruct the City Manager to take note of what Mrs. Webber has written down and have this put in the New Smyrna Beach News. There was more discussion about the houses being built in Pointer Subdivision. Lt. Mc Call stated that we have a request from Mr. Dudley to have one of our officers who is off duty to have a uniform on and help direct traffic up at his grand opening. This would be of no cost to the City, he will pay the officer himself. Councilman Sikes stated that you are not allowed to hire policemen, unless you pay him overtime, and pay it to the City. 5 min. City Attorney Weaver stated that this is correct. Councilman Dietz made a motion to direct Lt. Mc Call and the City Manager to inform Mr. Dudley that the City will provide the services that he requires and bill him for the cost, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. ADJOURNMENT: Councilman Sikes made a motion to adjourn, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler ~ ~ ~ ~. J,., Coun,c 'lman /~ / f "..~ ~. ~ Councilman 0,)1/1.1 l, I-,-,t < 6 . J ATTEST: c<$(~ ~ City Clerk l7L Approved this ef day of -9- ~ u - v BILLS AND ACCOUNTS EHERAl:.-LUND ity of bdgewater WW & SS outlJern bell lorida Power & Light . L. Polk & Company . E. I.j 0 r r i s cotty's ounty of Volusia dgewater Red & White ustom Signals, Inc. avid N. Proctor ndustrial Office Outfitters ray Drug stores, Inc. erox la. Fir~ and Safety Supply'- ity Auto Supply a y lor Er 0 s. T ire D i st. r:J.yrna Auto Parts tan's Transmission, Inc. . E. Tumblin oseph E. vieaver ATER AHD SEi.lER ------.-- ity of Edge~ater WW & SS outhern Bell lorida Power & Light ational Chemsearch nvironmental Specialties obbs Armature & Pump riley, \-lild and Associates adger Meter, Inc. ew Smyrna Commercial Printing merican Hardware l.!1yrna Auto Parts, Inc. & J Supply Company all ~achine Works i ty f..uto Supply . '\ OCTObER 23, 1975 City Hall, Shufflebrd,F.D. ,C.C. Street, Ballpark, F.D. City Hall, C.C., Shufflebrd, Street 1-!1 s c . Street S t r e et I Building inspections C. C. P.D. P.D. City Hall, P.D., City Mgr. Council P.D., Street City Hal+ F.D. P.D., Street P.D., Street P.D., Street P.D. .insurance City Attorney i{ at er i'ia t e'r 1-later and Sewer Se....er Sewer Sewer i'later and Sewer Water i\fa t er i'later "7ater Water Sewer 1later 90.75 105.59 2,494.67 '76.00 14.06 17.45 392.45 3.72 132.16 3.00 206.30 8.97 284.85 45.30 25.23 380.00 70.40 175.00 187.20 737.50 5,450.60 5.50 42.03 1,414.56 504.32 37.45 65.00 224.95 402.12 12.22 4.98 29.42 66.60 14.82 40.35 2,924.82