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10-09-1975 - Regular '-> .~ CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA REGULAR MEETING HELD OCTOBER 9, 1975 ~,..s~ ~Dft~ "',, ~'l t. ...; .", . 'i~'f ....iJ Tape 1 Side A The regular meeting of the City Councilor the City of Edgewater Florida was called to order at 7:30 P.M. October 9, 1975 by Mayor David C. Severance. ROLL CALL Mayor David C. Severance Councilman Jacob Lodico Councilman William Cairnie Councilman Walter B. Sikes Councilman Calvin R. Dietz City Manager Dale Bryant City Attorney Joseph Weaver City Clerk Sue Blackwell Lt. Mc Call Present Present Present Present Present Excused Present Present Present APPROVAL OF MINUTES Councilman Cairnie made a motion to approve the minutes of the regular meeting, September 25, 1975 and the special meeting September 29, 1975, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. BILLS AND ACCOUNTS Councilman Dietz made a motion to pay the bills, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. COMMUNICATIONS Certifications of Posting Clerk's Cash Statement, August 1975 Budget Report, August 1975 The City Clerk read street light reques~s from Mr. W.J. Butler Mr. H. Buchanan, and Mr. James E. Stratford. Side A 5 min. Councilman Cairnie made a motion that these requests be put with the other requests for street lights, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. The City Clerk read a letter from Mr. E. J. Hobbs in regard to the deplorable conditions in Florida Shores. She also read a letter from Mr. John M. Critz Supervisor of the Volusia County Health Department stating that there was no public health problem in this area. Mayor Severance stated that he feels that it would be proper to refer these letters to the City Manager for him to look into in regard to Mr. Critz's suggestions. Councilman Dietz stated that the men have been working out there but with this rain it is hard to control. Councilman Lodico asked if we are getting the work done that we deserve from the mosquito control? Q ~ Councilman Dietz stated that they have been working out there. Councilman Cairnie made a motion to turn this over to the City Manager to come up with some type of program with Mr. Critz and Mosquito Control to eleviate the problem area, being seconded by Councilman Lodico. Councilman Cairnie asked if there are cases where the driveways in that area were put in and blocked the drainage? Councilman Dietz asked the City Attorney if we find that a driveway has blocked our drainage do we have the right to dig up the driveway? City Attorney Weaver stated that the way the Ordinance is established we do have the right to see that proper drainage is carried out. Councilman Sikes stated that the telephone company filled in the ditch when they put the cable down. City Attorney Weaver stated that the company should be called and they should take care of the problem. Councilman Lodico asked if the people have a right to put a driveway over our property without asking permission? City Attorney Weaver stated that something could be done to the Building Code, maybe when the building permit is issued. Councilman Cairnie asked if there is an Ordinance that definitely spells out that a drainage ditch can not be filled? Attorney Weaver stated that not in those exact words. Tape 1 Side A 15 min. Upon roll call vote on the motion to turn this over to the City Manager, said motion CARRIED. The City Clerk read a memorandum from the Board of Adjustments in regard to the recommendations on two variance requests One being for Mr. Gene Harris and one for Mr. Thomas H. Bresnahan, Jr. Councilman Cairnie made a motion to accept the recommendation from the Board of Adjustments, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. The City Clerk read a memorandum from the Merit Board requesting that the job descriptions and position classifications be prepared. Councilman Cairnie made a motion that this letter be turned over to the City Manager and we have a conferance with him about it, being seconded by Councilman Dietz. Mr. Garthwaite spoke to the Council about this, explaining that they would like to proceed with this, and they intend to go through the City Manager before they come to the Council for approval on anything. -2- r u ~ u Councilman Cairnie stated that this should be engineered by the City Manager, because he knows the people and what they are doing. Mr. Garthwaite explained that they want to send out questionaires to the supervisors and this could be done without taking up the City Manager's time. 20 min. Mayor Severance explained the difference between what we have set up now in regard to the job scale and the classifications. Councilman Dietz stated that he still feels that the City Manager is the one who should have this done, and it would be his deci- sion whether he wants the board to sit in on it or not. lie stated that he doesn't see how anyone who is not acquainted with the jobs that are going on can set a position. Councilman Sikes stated that they are setting up a description per title not for the individuals, and he feels that we should use their information and their time, and he thinks that the City Manager will welcome their help. Upon roll call vote said motion CARRIED. Mayor Severance voting NO. Councilman Sikes and The City Clerk read a letter from Mr. Tom Goodwin in regard to junk automobiles, asking that Ordinance 604 could be revised to have a better definition of junked automobiles. Tape 1 Side B o min. City Attorney Weaver explained that he spoke to the Florida Highway Patrol about this and if the vehicle is towed you do not need a license plate on it or an inspection sticker. Mayor Severance stated that the Ordinance should be amended so that these vehicles should be required to be kept under cover, and a vehicle which is inoperable would be considered a junk automobile. City Attorney Weaver stated that this could be done. Mayor Severance suggested that we instruct the attorney to prepare for the Council's review at the next workshop an amendment to the existing Ordinance that would speak to the question of motor vehicles that are not required by State law to have valid tags, they must be kept under cover in the City of Edgewater. Councilman Sikes stated that by this you mean that a hunting vehicle or whatever should be kept under the garage, and if this is true it is going to be hard to enforce because no one is going to want to keep a hunting vehicle under a garage and leave their good car in the rain. Mayor Severance explained that he would want the attorney to research this further with the Florida Highway Patrol, it would not have to be a garage cover, it could be a cover over it. Councilman Cairnie made a motion to that effect, being seconded by Councilman Dietz. Mrs. Rich asked if the vehicles are going to be allowed to sit around and rot? Mayor Severance explained that according to State law anyone is allowed to have a vehicle like this, but we are trying to require that these vehicles be kept under cover so as not to be an eyesore. City Attorney Weaver stated that this definitely goes against any other type of licensing. -3- Q u Side B 5 min. Upon roll call vote said motion CARRIED RESOLUTIONS: RES. NO. 600 A RESOLUTION EMPLOYING AND APPOINTING CLYDE MANN AS MUNICIPAL JUDGE PRO TEMPORE OF THE CITY OF EDGEWATE~, FLORIDA, SETTING HIS TENURE, SETTING FORTH HIS DUTIES AND RESPONSIBILITIES AND PROVIDING AN EFFECTIVE DATE THEREFOR. City Attorney Weaver read this Resolution in full. Councilman Lodico made a motion to adopt the Resolution, being seconded by Councilman Cairnie. Mr. Katez asked about the salary for this job. Mayor Severance explained that he receives the same compensation that the Judge would receive if he were here, porportions of that each time he goes to court. Upon roll call vote said motion CARRIED. RES. NO. 601 A RESOLUTION APPOINTING AN ELECTION CLERK, INSPECTORS AND A SPECIAL OFFICER FOR THE PRIMARY CITY ELECTION TO BE HELD IN THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, OCTOBER 21, 1975 AND THE GENERAL ELECTION TO BE HELD ON NOVEMBER 4, 1975. City Attorney Weaver read this Resolution in full. Councilman Lodico stated that there has been a little hostility shown here and he requested that the name of Elizabeth Taylor be removed from the list, he stated that he is making this in the form of a motion, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Councilman Sikes and Mayor Severance voting NO. Mrs. Opal asked why her name is being taken off. Mayor Severance explained that by motion and the majority of the Council voted to remove it. Mrs. Opal asked what the reason was, she has served before. Mayor Severance explained that the motion was made. Councilman Dietz stated that as a candidate, Mr. Lodico has the right to have someone names removed. Councilman Dietz made a motion that we use the alternate as a fill in and use Mr. Mackie as the alternate, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. Mayor Severance noted the changes on the Resolution. 15 min. Councilman Dietz made a motion that we amend the Resolution removing the name of Elizabeth M. Taylor, and replacing her with Bodil Olsen, and replacing the alternate with the name of James M. Mackie, being seconded by Councilman Cairnie. At this time Mr. Taylor spoke to Councilman Lodico directly, stating that he is a prevaricator and that Mrs. Taylor has never shown the slightest hostility against anyone. Mayor Severance called a hault to the coversation. Upon roll call vote said motion CARRIED. -4- o o Attorney Weaver explained that you still have not had a roll call on the Resolution as for adopting it. Councilman Dietz made a motion to adopt the Resolution, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. Mr. Katez stated that it was said that as a candidate, Mr. Lodico had a right to remove a name from the list, how about the rest of the candidates. Mayor Severance stated that he did not say that, Councilman Dietz did, but he does say that as a member of the Council we have the right to remove any of the names. 20 min. ORDINANCES: None OLD BUSINESS: The City Clerk stated that she was asked to find out how much more this insurance was going to cost the City, and it is appro- ximately $200.00 a month, the total City portion of the employees presently covered is $1,19.03. Mr. Rogers stated that he still recommends that the City maintain their present coverage. He stated that Blue Cross declined, because due to the fact that there are not fifty people under the age of 65 on the program. Councilman Cairnie made a motion that we instruct the City Attorney to prepare the Resolution employing Time Life as our insurance, and that this be retroactive to October 1st, being seconded by Council- man Dietz. Mrs. Webber asked what happened to Blue Cross? Mayor Severance explained that they sent us a letter stating that they would have to decline to bid since we could not get fifty people under the age of 65 on the program. 25 min. The City Clerk explained that these figures do not cover any dependants at all because they are not an expense to the City. Mr. Armstrong asked if the CETA program employees covered under the insurance coverage policy? Mayor Severance stated yes, however the Federal Government supplies us with a percentage of monies for benefits. Mr. Armstrong stated that that is not his question, he wonders if the change of the rate for twelve months or is it per capita? Mayor Severance explained that this is per individual, and it is guaranteed at this rate for 12 months ~egardless of how many employees we loose. Upon roll call vote said motion CARRIED. Tape 2 Side A o min. Councilman Dietz stated that we do not have a report from Briley, Wild, because Mr. Fernandez had to go out of town. Councilman Dietz stated that we did find a valve that was leaking and we made the repairs on that. Mr. Ohrwall, Superintendent of the Sanitation Department spoke to the Council a~out the work that was done in regard to this. -5- Q ~ u Mr. Ohrwall reported on the sewer problem on Flagler Avenue. There was discussion about the source of the problem and Mr. Ohrwall stated that this is being continuously checked and taken care of. Councilman Dietz made a motion that we instruct the City Attorney to draw up an Ordinance on the Building Code, one ordinance which encorporates all codes and to be added to this code about the Flood Control and also that any future amendments will be considered as automatic and there would only be deletions to be changed by ordinance, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. Councilman Sikes made a motion that we allow the Fire Chief to sign an interlocal agreement, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. Mayor Severance asked about the signature lines on the agreement. The City Clerk explained that this would be for our records. One signature sheet for all the Cities will be kept in Deland for the whole County. Mayor Severance stated that we need to take action on this also. 10 min. Councilman Lodico made a motion that the Council sign this agree- ment also, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. Fire Chief Blackwell explained the intent of this agreement is to provide mutual assistance and backup service in the County. NEW BUSINESS Councilman Cairnie stated that he and the Street Superintendent have checked this out and found that this was a very good buy, in regard to purchasing a trailer for $1,050. Councilman Cairnie made a motion to purchase this trailer, if the Clerk will certify that we have the funds available. The City Clerk stated that the only place that you have the funds to purchase this is out of the Emergency Fund. Councilman Sikes seconded the motion. motion CARRIED. Upon roll call vote said Mayor Severance stated that we need a motion to change the work- shops and regular meeting for the holidays, speaking of Thanks- giving, Christmas and New Years. The City Clerk stated that she thinks it will need a Resolution for this. 15 min. Mayor Severance stated that Councilman Dietz had suggested at the workshop to have the regular meetings on the Mondays and the workshops the previous Thursdays. Councilman Cairnie made a motion to have the City Attorney prepare a Resolution, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. MISCELLANEOUS A gentlemen from the audience stated that while we are speaking of spending some money, lets see about doing something to the sound system in this Community Center. -6- o - u Mayor Severance explained that this has been budgetted for. It will be up for the next Council to decide how it is done, whether it will be a better speaker system or the lower ceiling which was discussed at one time or whatever. Mayor Severance stated that Viola Freeman has requested that a certain portion of a tape from the last meeting be played He asked the Clerk to insert the tape. Councilman Dietz stated, no, that before we play the tape he wants tohear the complaint first.' Mrs. Freeman stated that she wants a guarantee that she will hear the tape because someone can say that she is going on hear say. Mayor Severance stated yes, you will hear the tape. Councilman Dietz, stated that nothing should be guaranteed, he wants to hear the complaint first, then he will ask the attorney if it is legal, and we will have him make a decision on it. Mrs. Freeman stated to the Mayor, that before she starts talking she would like a guarantee from the Council that she is not going to get a shouting incident like at the last meeting. Mayor Severance stated that he is asking for the cooperation of the Council and of the audience, to let Mrs. Freeman say what she wants to say and let Mr. Dietz say what he wants to say. Mrs. Freeman again asked if she could please have the tapes played first so that everyone will know what she is talking about. Mayor Severance stated that he will have to get the Council's 20 min. desire on that. Councilman Dietz stated that he would like to have a ruling on this from the attorney. Attorney Weaver stated that it will have to be the Council's decision whether to play the tape or hear the tape first. Mrs. Freeman stated her reasons for wanting to hear the tape. Councilman Dietz stated that he did say that people were told things that were not facts, and he did mention her name, and he could get depositions from people who told him this. 25 min. Councilman Dietz stated that the facts will come out in the report of the investigation which is taking place, so now what we are doing is prejudging this report if we listen to these tapes tonight. He stated that this has gone as far as the State's Attorney's office, and even the Governor's Office. rape 2 Side B Mayor Severance stated that Mrs. Freeman is saying that statements were made by a Council member by using your name in regards to the manner in which the petition was circulated and she is rebutting that by stating that you did not present it in this manner. Mrs. Freeman spoke to the Council, explaining what she said when she carried the petition around, and she stated that there is no way that she misrepresented, intemidated the people or anything else. She stated that she has the right to petition,and ~hat in the future members of the Council will check to see if you have false information. She asked if the petitions were checked. Councilman Dietz stated that the petition is in the process right now of being checked, and it got so far out of hand with threats of violence, that it was turned over to the States' Attorneys office. -7- o u Councilman Dietz stated that as far as answering anything that was said other than defending Dale Bryant, he stated that he was in the officer Monday, and the place was in an uproar be- cause no one was here to make a decision, now if Dale had been here he would have known what to do. He stated that all of these things are referred to and handled by the City Manager, they can not be handled by the individuals, they have to be given instructions Mayor Severance stated that there are two questions here, one was that Mrs. Freeman would like a retraction of the state- ment made by Council member, and you want to hear the tape. Councilman Dietz stated that he will not retract the statement that he made because again he said that he can come up with the varification of what he said. Mayor Severance stated that Mrs. Freeman still wants to hear the tapes. Councilman Dietz asked the attorney if this should be done? Attorney Weaver stated that this would be up to the Council. Mrs. Freeman stated that she wants the tape played because of the way this was said. Councilman Cairnie stated that if Mrs. Freeman wants to hear the tape she may go to City Hall and listen to it. Attorney Weaver stated that the Council may consider is what action can the Council take if in fact the tape is played. Mayor Severance stated that there is no action that can be taken, however he needs the direction of the Council whether 15 min. they wish to play the tape or not play the tape. The lady made a request. Councilman Cairnie made a motion that the request of playing these tapes be denied at this present time until the full in- vestigation has been carried out, being seconded by Councilman Lodico. Councilman Lodico stated that his reason for seconding the motion is that she has heard the tape and Mr. Dietz knows what is in the tape, and they both agree that these things were said, what are we going to prove to whom? Mayor Severance stated that as he understands it, the lady has asked for the tape to be played public ally so that more than just herself and Mr. Dietz understands what has been said. Councilman Dietz stated that this is a matter of public record, it was said at a public meeting. Mrs. Freeman stated that she has her own recording with her, would she be allowed to play it. Councilman Dietz stated No, we have a motion and a second, and he called for the question. Upon roll call vote said motion CARRIED. Mayor Severance voting NO. Mr. Katez asked what is meant by investigating, are you talking about investigating or certifying the names on the petitions? Mayor Severance stated that this would be one and the same. Mr. Katez stated that Mr. Weaver is saying an investigation with the State's Attorney's office, and if they are going door to door asking people why they signed a petition, you are violating the citizens civil rights. -12- . . ~ Q Mayor Severance stated that he does not know if the States Attorney's office is investigating the petition or not, he is speaking about the threats that have been made to the officials of the City in regards to their lives. Mayor Severance stated that the next item on the agenda is a discussion of charter questions and instructions on same. Tape 3 Side A The City Clerk stated that at one time the Council discussed putting it on the ballot to change that it takes a unanimous vote of the Council to override a decision of the Merit Board. The City Clerk explained that she will have to have the exact wording that the Council wants on the ballot. Attorney Weaver stated that he researched this in Mrs. Odum's office today,and she suggested that the complete text should be put on the ballot, even though just one word is going to be changed. In regard to the Councilmen and the Mayor being elected every two years, this would require simply changing the section of the charter and stated how those zones will run. Councilman Sikes stated that we should decide whether we want this added to the ballot, because he personally feels that we tried this for years, and we are on the rotating system now and we don't at any time have a complete new board. Councilman Dietz stated that when you only have two men running the people just don't come out to vote and if all were running the people would come out and vote, if they elect a complete new Council, let them. We are going to have a City Manager, regardless, we are going to have to have a manager, and whoever that is, is going to know what is going on. The City Clerk stated that there was a bill this time that did not get out of committee, but it is going to force all Cities and Counties to change their election so that they will be on an off year. 5 min. Councilman Dietz made a motion that we put the Merit Board amendment on the ballot, which would read majority instead of unanimous, and that we instruct the attorney to draw up a Resolution in reg~rd to this, being seconded by Councilman Cairnie. Mr. Garthwaite spoke to the Council, that putting this change in effect, would only put this back into politics. Councilman Sikes asked Mr. Garthwaite if when the board votes on something, do they have a majority vote or an unanimous vote? Mr. Garthwatie stated that it is a majority vote. Councilman Sikes asked why shouldn't the Council have the same right. Mr. Garthwaite stated that this is to keep the politics out of the employees jobs. Mayor Severance explained that this action is not changing this, it is for placing it on the ballot for the citizens to change it if they so desire. Upon roll call vote said motion CARRIED. Mayor Severance voting NO. -13- ~ <-I Councilman Dietz made a motion that we instruct the attorney to draw up a resolution to put on the ballot for referendum the changing of the election laws pertaining to the election of Councilmen and Mayor, to be elected every two years instead of staggering, to begin with Zone 2 and 4 in 1976, which will run for one year, and in 1977, all four Councilmen and the Mayor will run city wide for two years, being seconded by Councilman Lodico. Tape 3 Side A 10 min. Mrs. Mackie asked if this means that it would be possible that all the men would be new on the Council? Mayor Severance stated that this could be possible. Mr. Mackie asked, other than saving'money, what is the advantage of doing this? Councilman Dietz stated that this would get more people interested in coming to vote. Mr. Mc Ever asked how long we have been under this present system that we are on now? Mayor Severance answered that it has been about eight years. Mr. Mc Ever stated that based on the progress that this City has made in the last ten years, the last few years have been the best, and if you can not get a voter out to vote he is a poor voter. Mr. Wharton stated that in view of the fact that the people are going to get a preverance on the ballot, he feels that this is a very good idea. Upon roll call vote said motion DIED. Councilman Cairnie, Councilman Sikes and Mayor Severance voting NO. ANNOUNCEMENTS: Mayor Severance stated that there is a candidates night on October 17, in the Community Center, and also Mr. Katez stated that he is having a meeting on October 16, at 7:30. Mr. Katez spoke that there was a communication gap in regard to the date of October 17th, and he had already made arrangements for October 16th. He also stated that the tape that Mrs. Freeman wanted played tonight will be played at that time. ADJOURNNENT: Councilman Cairnie made a motion to adjourn, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler ~:~~ ity Clerk Approved this ~~y of ocrQr'i1Z MI/~ . ~ Mayor -14- ~ ~ -f#~ GENERAL FUND Florida Power & Light Southern Bell Vito Castellano Dwights Magnolia Lawnmower Tiptons Coastal Office Machines Xerox Edgewater Red & White Edgewater Electric Sol-Ray Supplies Diversified Electronics NSB Police Dept. NSB-Edgewater Humane Society Jacob Lodico WATER AND SEWER City of Edgewater WW & SS Florida Power & Light Southern Bell May, Zima & Co. New Smyrna Plumbing Hall Machine Works Hughes Supply, Inc. New Smyrna Builders Supply National Chemsearch Allied Chil::orine ~ 'J BILLS AND ACCOUNTS OCTOBER 6, 1975 F.D. ,B.P., Mul~i-games City Hall, F.D., B.P. Millage (trips for supplies) Prop. management Street Misc.-Gen. Gov. P.D. Gen. Gov. Com. C. City Hall Com. C. P.D.,Street, F.D., City Manager P.D. Humane Society Millage Water and Sewer (Petty cash) Water and Sewer Sewer Water and Sewer Sewer Water Water Sewer Sewer Water and Sewer 176.-52 31~L 08 6.00 14.90 1.25 15.00 20.00 135.00 3.54 71.37 5.30 179.90 64.50 150.00 10.00 1,1\72.36 13.67 387.55 22.16 4,000.00 56.00 3.23 3.40 6.34 62.65 644.00 5,199.00