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09-25-1975 - Regular u u CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA \ REGULAR MEETING HELD SEPTEMBER 25, 1975 ~ape 1 Side A The regular meeting of the City Council of the City of Edgewater, was called to order at 7:30 P.M. September 25, 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 Officer Jones Present Present Present Present Present Excused Came in late Present Present Mayor Severance explained that Mr. Bryant's wife has been taken to Halifax Hospital with congested heart failure and Mr. Bryant asked to be excused in order to be with her. APPROVAL OF MINUTES Councilman Sikes made a motion to approve the minutes of the meeting September 11, 1975, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. Councilman Lodico and Councilman Dietz voting no due to the fact that they were not present at that meeting. 5 min Councilman Sikes made a motion that we accept as the official records of the minutes of the Special meeting, September 3, 1975, the tapes, as a number of words came out unclear, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. BILLS AND ACCOUNTS Councilman Cairnie made a motion to pay the bills with the exception of the bill made out to Robert Howard for $415.00, because the garage is not complete, being seconded by Councilman Dieta. Upon roll call vote said motion CARRIED. Councilman Lodico voting NO, since he has not had time to go over the bills. COMMUNICATIONS The City Clerk read a letter from Mr. Alan W. Ludwig, attorney for P.B.A. 10 min. Councilman Dietz made a motion that we instruct our City Manager and City Attorney to contact the proper officials to set up the election and see whatever the procedures may be, being seconded by Councilman Cair?ie. Upon roll call vote said motion CARRIED. r. u o The City Clerk stated that the next item is that Mr. Blanken came to the workshop and presented a problem on rezoning. Mayor Severance stated that he mentioned to Mr. Blanken that he should go to the Zoning Board. Councilman Cairnie made a motion that Mr. Blanken be referred to the Zoning Board, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. Mrs. Murphy was given the floor and her question was what was meant by single lot of record? Mr. Weaver stated that this refers to a platted subdivision where the single lots are shown on the survey. Mrs. Murphy asked if two single lots with continuous frontage are two single lots of record? Mr. Weaver stated yes. Mrs. Murphy stated that this is confusing because the original Ordinance refers to a single lot of record, but in the same paragraph it referred to two or more lots of record. She read to repeal clause in the Ordinance and she asked what is repealed? Mr. Weaver stated that anything that is in conflict with that specific section which deals with single lots of record. Mrs. Murphy went on to explain how confusing this is, and she stated that it is still not clear as to what is nullified? . Mr. Weaver stated that nothing is being nullified or repealed, something is being clarified. Tape 1 Side A 20 min. Mrs. Murphy explained that she has a man coming before her board with a problem and no one can tell her if he comes under this particular section or not. We should be told what has been changed in this Ordinance. She stated that it is not clear whether this individual comes under this section, however we do know that two in Silver Ridge is safe because this amend~~ ment was made to accomodate them. Mayor Severance stated that this Ordinance is being discussed for the purpose of accomodating any and all subdivisions in the City that may in fact fall under this pattern. Mrs. Murphy stated that the 51% . should not enter into this at all, because even if 20% of a subdivision is developed and it is a good area to build on etc, it should be allowed, whereas even if 75% of another area which does not have good drainage, and the health, welfare and morale of the community is involved, this should not be built on. She stated that all she is asking is for the exact sections which this amendment changes so that she will know how to handle the problem coming before the board. Councilman Dietz suggested that we should have Mrs. Murphy get clarification on this from the Zoning Board. If the two boards can get together and work this out it will be all right, if they can't then we will have to sit down with the attorney and figure it out. Mrs. Murphy explained that the amendment will be passed by then. Councilman Dietz stated that the amendment will be passed tonight. Mrs. Murphy stated that the amendment is going to pass, yet you can not tell her what is being taken out or changed. -2- " u o Councilman Dietz explained that the Council is taking the recom- mendation of the board. He stated that her question is with the Zoning Board. Mrs. Murphy stated that since the attorney wrote the amendment, that he would do her the curtioupy of showing her what is being repealed. Mayor Severance explained that once a year the Council is going to see to it that any amendments to the Ordinances will be printed and incerted into the Charter Book. 25 min. Mrs. Murphy explained that the City Manager could not figure this out, and she can not figure it out, and this man is paying $50.00 to come before the Board of Adjustments. Councilman Dietz stated that instead of referring the man to the Board of Adjustments, lets refer him to the Zoning Board, because the Board of Adjustments is confused. Mayor Severance explained that if Ordinance 940 is passed the man will not have to come before the Board of Adjustments. Mrs. Murphy stated that for the record, she went to Mr. Bryant and asked him to ~xplain the amendment, he said it was explained because Mr. Brittingham has sold three lots in Silver Ridge and Mr. Rotundo has three lots which are below the normal width. This man who is coming to the Board of Adjustments bought only one of two lots, and if it gets real legal, the man should have never sold the lot seperately. She stated that we want to res- pect the Zoning Ordinance, but I don't want people to say I am coming up here because of rumor, I don't want people to call me stupid. Mrs. Webber stated that she would like to hear from Mr. Bryant before this goes any further. She stated that she was on the Zoning Board and she agreed with this, but she had no idea they were doing any thing wrong. She was under the impression that we were doipg something in the interest of everyone in the City. Tape I Side B o min. The City Clerk stated that there is a communication from the Building Code Board requesting to be put on the agenda in regard to the codes that they had worked up. Mayor Severance stated that the codes are on the agenda under Old Business, therefore he thinks that this can be moved down to discussiat the same time. The City Clerk stated that she has resignations from Mrs. Woodard, Mrs. Webber and Mr. Rotundo, and we do have Resolutions on the resignations. Councilman Cairnie made a motion to acknowledge and accept the resignations, being seconded by Councilman Dietz. Councilman Sikes stated that some of these people requested to be reappointed to the boards in the event that they are not elected. Mayor Severance stated that they could be reappointed at that time. Upon roll call vote' said motion CARRIED. -3- u u RESOLUTIONS RES. NO. 589 A RESOLUTION OF THE CITY OF EDGEWATER, SUPPORTING THE ESTABLISHMENT OF A CRIMINAL JUSTICE CENTER ON PROPERTIES OWNED BY DAYTONA BEACH, COMMUNITY COLLEGE, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Weaver read the Resolution in full. Councilman Cairnie made a motion to adopt this Resolution, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Tape 1 Side B 5 min. RES. NO. 590 A RESOLUTION SETTING THE COMPENSATION FOR N. DALE BRYANT, AS CITY MANAGER OF THE CITY OF EDGEWATER, FLORIDA, FOR THE FISCAL YEAR OCTOBER 1, 1975 TO SEPTEMBER 30, 1976. Attorney Weaver read the Resolution in full. Councilman Cairnie stated that it seems that we are raising salaries here without the budget being approved. Mayor Severance stated that Ordinances follow Resolutions on the agenda, that is the reason for this, however the Resolutions could be moved down. Councilman Dietz questioned the hurry on this. Councilman Dietz made a motion to move Resolutions 590 through 595 on the agenda after the Ordinances, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. RESQ 596 A RESOLUTION ACCEPTING THE RESIGNATION OF PHYLLIS WOODARD FROM THE BOARD OF ADJUSTMENTS OF THE CITY OF EDGEWATER, FLORIDA, RE- PEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Weaver read the Resolution in full. Councilman Dietz made a motion to adopt the Resolution, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. RES. 597 A RESOLUTION ACCEPTING THE RESIGNATION OF RYTA WEBBER FROM THE ZONING BOARD OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE L) MIN. THEREFOR. Attorney Weaver read the Resolution in full. Councilman Cairnie made a motion to adopt the Resolution, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. RES. 598 A RESOLUTION ACCEPTING THE RESIGNATION OF LOUIS ROTUNDO FROM THE BOARD OF GOVERNORS OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Weaver read the Resolution in full. Councilman Lodico made a motion to adopt the Resolution, being seconded by Councilman Cairnie. Upon roll aall vote said motion CARRIED. -4- u u ORDINANCES ORD. NO. 935 AN ORDINANCE MODIFYING SECTION 3 OF ORDINANCE 904 BY REDUCING THE SEWER DEVELOPMENT FEE TO $75.00 AND RE-ESTABLISHING A SEWER CONNECTION CHARGE OF $75.00 IN PARAGRAPH A OF SCHEDULE 2 OF SECTION 2 OF ORDINANCE 878 TO COVER THE ACTUAL COST OF CONNEC~ TION TO THE SEWER SYSTEM OF THE CITY OF EDGEWATER, FLORIDA, RE- PEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Weaver read the Ordinance by title only. Councilman Dietz made a motion to adopt this Ordinance, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. ORD. NO. 936 AN ORDINANCE TERMINATING JUDSON I. WOODS, JR AS MUNICIPAL JUDGE OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL ORD]NANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR Attorney Weaver read the Ordinance by title only. Councilman Lodico made a motion to adopt this Ordinance, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. ORD. NO. 937 AN ORDINANCE SETTING A TENTATIVE BUDGET AND APPROPRIATING REVENUES TO BE COLLECTED FOR THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1975, AND ENDING SEPTEM- BER 30, 1976 TO THE VARIOUS ITEMS OF THE CITY BUDGET, REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Weaver read the Ordinance by title only. Councilman Sikes made a motion to adopt this Ordinance, being seconded by Councilman Lodico. Mr. Taylor questioned the item Finance Director under Capital Outlay $800 for office machines. Mayor Severance explained that this is for all of City Hall. The City Clerk stated that we were discussing check protectors, this is what the money was put in there for. Mr. Taylor questioned the $280 under Property Management for office machines. Mayor Severance explained that this is for anything that comes up that he will need. Mr. Taylor asked about the $700 for furniture and fixtures under Capital Outlay for the Mayor and City Council. ~ouncilman Dietz stated that possibly we are thinking about new equipment here so that we have better communication here with the people. Mayor Severance stated that this could also be used for lowering the ceiling in the Community Center. Mr. Taylor asked what special promotions are going to be given, $1500 worth? Mayor Severance stated that this will cover fire works for the Fourth of July, donations to the Bicentenial Committee, school patrol. -5- p u w Mr. Taylor stated that this City has had a lot of bad publicity in the past few months and the Council could have done a wonderful job by cutting the tax rate down and not holding it steady. Mrs. Murphy asked if the $8,000 which we paid the auditors last year was for audits only? It was explained that this was for two audits. Mr. Armstrong spoke to the Council about the budget figures of last year compared to this year. He questioned how much money has been appropriated for road paving and improvements? The answer was about $22,000 -He stated that this is a very important expenditure. Mrs. Webber questioned who gets the $6,344. under Park and Recreation? Mayor Severance explained that this is for salaries of men when they work in this area. Mrs. Webber asked the City Clerk how much the bars pay, the ones who sell liquor? The City Clerk explained that the City no longer gets this money. It is paid through the State and County and comes back to the City that way. Mr. Walter Gross stated that the City of Edgewater next year is going to have a lot more money that we realize because the tax rate is almost the same as it was last year, but our evaluation has gone up. Upon roll call vote said motion CARRIED. Councilman Cairnie and Councilman Dietz voting NO. ORD. NO. 938 AN ORDINANCE APPROPRIATING REVENUE TO BE COLLECTED FOR THE WATER- WORKS AND SEWER SYSTEM OF THE CITY OF EDGEWATER, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1975 AND ENDING SEPTEMBER 30, 1976 TO THE VARIOUS ITEMS OF THE WATERWORKS AND SEWER SYSTEM BUDGET. Attorney Weaver read the Ordinance by title only. Councilman Lodico made a motion to adopt this Ordinance, being seconded by Councilman Sikes. Tape 2 Side A 5 min. Mr. Armstrong stated that a few months ago an amendment was made to change the impact fee, and this is not a portion of the system. The anticipated income is going to change, and all funds should be considered in this appropriated Ordinance. The City Clerk explained that this is correct. Councilman Dietz stated that this is going to be $7500 and if we can guess this thing within that amount we are doing good. He also stated that this is not going to make much difference Mayor Severance stated that he believes that this could be ad- justed by having a Public Hearing at any time between October 1 and September 30 of next year. Mr. Armstrong stated that he doesn't feel that they will allow you to add to the overall figure of the budget. -6- o Q Mayor Severance stated that this will have to be changed. The City Clerk stated that if you will remember the night 10 min. Mr. Cunningham was down here he told you that you could not anticipate anything in the budget that you didn't have and at the time of the first reading we did not have this, he also said that after you adopt the budget, if you change it you can go back and amend the budget through Public Hearing. Upon roll call vote said motion CARRIED. Councilman Dietz voting NO. ORD. NO. 939 AN ORDINANCE AMENDING ORDINANCE NUMBER 880 BY AMENDING THE PARAGRAPH CONCERNING PERMITTED ACCESSORY USES UNDER THE B-5 CLASSIFICATION OF ARTICLE 6 OF ORDINANCE NUMBER 880 TO ALLOW STORAGE, SALES, SERVICE AND DISPLAY OUTSIDE BUILDINGS IN THE B-5 CLASSIFICATION BY PERMIT OF THE CITY COUNCIL, REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PRO- VIDING AN EFFECTIVE DATE THEREFOR. Attorney Weaver read the Ordinance by title only Counciiliman Lodico made a motion to adopt the Ordinance, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. ORD. NO. 940 AN ORDINANCE AMENDING ARTICLE IV OF ORDINANCE 880 BY ADDING SECTION 400.011 TO SAID ARTICLE IV OF ORDINANCE 880 TO PROVIDE FOR THE USE OF A SINGLE LOT OF RECORD IN ANY PLATTED SUBDIVISION IN THE CITY OF EDGEWATER, FLORIDA FOR A SINGLE FAMILY RESIDENCE, PROVIDED THAT AT LEAST 5~% OF THE.TOTAL LOTS WITHIN THE SUBDIVI- SION ARE DEVELOPED UTILIZING A SINGLE LOT OF RECORD FOR EACH SINGLE FAMILY RESIDENCE, REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Weaver read the Ordinance by title only. Councilman Sikes made a motion to adopt this Ordinance, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Councilman Cairnie voting NO, stating that this was due to the confusion. RESOLUTIONS Cont. 15 min. A RESOLUTION SETTING THE COMPENSATION FOR N. DALE BRYANT, AS CITY MANAGER OF THE CITY OF EDGEWATER, FLORIDA,FOR THE FISCAL YEAR OCTOBER 1, 1975 TO SEPTEMBER 30, 1976. Mayor Severance read the Resolution in full. Councilman Sikes made a motion to adopt this Resolution, being seconded by Councilman Lodico. Mrs. Woodard read from the paper where it was said the City Manager's salary is not up to par with those holding similar positions elsewhere. She stated that the City ~lanager of Port Orange, where they have 9,000 citizens, is getting $13,000 and the City Clerk gets $9,700. Mrs. Murphy asked if this salary for the position of City Manager? Mayor Severance answered yes, however the name was put in. -7- o o Councilman Dietz explained that we are trying to put the supervisory personnel on a salary basis to elliminate over time. He stated that these salaries were figured into the bugget. Mr. Taylor asked on what basis waS Mr. Bryant given the raise of $2,400 a year? Mayor Severance read a list which he accumulated: 20 min. 1. Rejected bids on police cars a savings of $2800 2. Rejected bids on the City garage, City Manager recommended that the City be the contractor, a savings of $20,000 Mrs. Murphy stated that Councilman Lodico was the one who really plugged for that type of building. 3. Arranged and administered CETA II, CETA VI and TITLE I programs. October 1, 1974, through October 1, 1975- $64,000. October 1, 1975 to July 31, 1976 - $44,000. 4. Arranged and administered summer work experience program for 8 weeks, $1800. 25 min. 5. Clearing of water and sewer sights, a savings of $10,000. ,Mr. Taylor stated that this should be to the Council's credit, Mr. Bryant was simply told to do it. Mayor Severance stated that Mr. Bryant suggested that this could be done by using the City employees. 6. Coordinated the use of oil being used for the City vehicles, an anual savings of $3,000. 7. Negotiations with the City Manager and the City Attorney for the property of the new water plant. Side B o min. At this time it was stated from the audience that the City Attorney should be credited for this. Mayor Severance stated that the total savings of $185,600.00 for the City, and looking it at a professional standpoint he thinks that what Mr. Bryant has accomplished does deserve an increase in his salary. Mr. Armstrong spoke that he has no quarrel as to what this City Manager is paid or any other City Manager, as long as he earns what he is paid, however, he stated that his concern is the scope of authority that has been allotted or delegated to the City Manager. The City Manager comes under the City Council and can only do what they direct him to do. He asked in regard to the first item on the list, how did Mr. Bryant get around the $500.00 competitive expenditures without accepting bids for them, has he violated the charter by making those purchases without accepting bids? Mayor Severance asked the City Attorney about this. 5 min. Attorney Weaver stated that anyone who thought we were wrong could sue us. Councilman Lodico stated that the City Manager works under the Council,he is not to do anything that we dont tell him to do and if we tell him to get something done and he doesn't, we fire him. Upon roll call vote on the Resolution, said motion CARRIED, Councilman Cairnie and Councilman Dietz voting NO. -8- v Q Councilman Cairnie stated that looking at the budget, the wages are pretty high. Councilman Dietz stated that he feels that it is very unfortunate that the wages have to be tied in with the Resolution setting the people on salaries. He stated that he feels that these should be two seperate items. RES. NO. 591 A RESOLUTION SETTING THE COMPENSATION FOR SUE BLACKWELL, AS CITY CLERK, PERSONNEL OFFICER AND FINANCE DIRECTOR OF THE CITY OF EDGEWATER, FLORIDA, FOR THE FISCAL YEAR OCTOBER 1, 1975 TO SEPTEMBER 30, 1976. Attorney Weaver read the Resolution by title only. Councilman Sikes made a motion to ad9pt this Resolution, being seconded by Councilman Lodico. Mayor Severance stated that the Wage and Hour law states that you must pay at least $200.00 a week, if they make less than that you must pay them time and a half for overtime. The City Clerk is taking a pay cut. Mr. Taylor questioned when the City Clerk became Manager of Personnel? Mayor Severance explained that.this is the same as City Clerk, Ordinance 874 designated her as Personnel Director. Mr. Taylor asked if the City Clerk could be discharged by the vote of the Council? 10 min. Mayor Severance answered Yes. Mr. Taylor asked if the Finance Director could also be discharged. Mayor Severance stated that all personnel of the City can be dis- charged at the will of t4e Council. They will all have the right to go before the Merit Board for appeal. Upon roll call vote said motion CARRIED. RES. NO. 592 A RESOLUTION SETTING THE COMPENSATION FOR JOSEPH MARTINE, SR., AS STREET SUPERINTENDENT FOR THE CITY OF EDGEWATER, FLORIDA, FOR THE FISCAL YEAR OCTOBER 1, 1975 TO SEPTEMBER 30, 1975. Attorney Weaver read the Resolution in full. Councilman Sikes made a motion to adopt this Resolution, being seconded by Councilman Lodico. Mr. Christy asked if the Mayor did not just say that a supervisor had to receive at least the $10,000? Mayor Severance explained that the type of position that you work in and the number of employees that you supervise over determines your salary. 15 min. City Attorney Weaver stated that it also makes a difference if you do the same type of work as those you supervise, more than 50% of the time. Mr. Christy argued that Mr. Martine should be paid the $10,000 also. Mr. Walter Gross stated that we should pay him the $10,000 and we would be saving money in the long run. -9- o o 20 min. Upon roll call vote said motion CARRIED. Councilman Cairnie voting NO. RES. NO. 593 A RESOLUTION SETTING THE COMPENSATION FOR ALAN THOMAS, AS WATER SUPERVISOR FOR THE CITY OF EDGEWATER, FLORIDA, FOR THE FISCAL YEAR OCTOBER 1, 1975 TO SEPTEMBER 30, 1976 Attorney Weaver read the Resolution in full. Councilman Dietz made a motion to adopt the Resolution, being seconded by Councilman Sikes. 25 min. Upon roll call vote said motion CARRIED. RES. NO. ~94 A RESOLUTION SETTING THE COMPENSATION FOR SIGURD OHRWALL, AS WASTEWATER TREATMENT PLANT SUPERVISOR FOR THE CITY OF EDGEWATER, FLORIDA FOR THE FISCAL YEAR OCTOBER 1, 1975 TO SEPTEMBER 30, 1976. Attorney Weaver read the Resolution in full. Councilman Sikes made a motion to adopt the Resolution, being seconded by Councilman Dietz. There was some discussion about Mr. Ohrwall's age. Upon roll call vote said motion CARRIED. Mayor Severance explained that when Mr. Ohrwall retires, we will have to hire a man with a Certified Certificate. Tape 3 Side A RES. NO. 595 A RESOLUTION ADOPTING CLASSIFICATIONS AND PAY SCALE GRADES FOR THE EMPLOYEES OF THE CITY OF EDGEWATER, FLORIDA AND REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Weaver read the Resolution by title only. Councilman Lodico made a motion to adopt the Resolution, being seconded by Councilman Sikes. Mayor Severance explained that this incorporates the 2 1/2% increase for all City employees into the step procedure of the Merit Board. Upon roll call vote said motion CARRIED. Councilman Dietz voting NO. OLD BUSINESS 5 min. Mr. Rogers read the bids from seven insurance companies and he recommended that the City maintain with the present carrier, Time Insurance. Councilman Cairnie asked if Mr. Rogers went back to the Blue Cross and ask them if they would consider less than 50 people? Mr. Rogers stated that he did not. Mr.Biilil Howard, from Blue Cross, talked to the Council about this. -10- o o Various questions were asked by the Council, which Mr. Howard answered. 10 min. Mr. Howard could not give the exact rates for a policy covering less than 50 people, and he could give a guarantee for a year. Mr. Howard did stateuthat the initial time is the only time that 50 people are required, if any drop, the rates will remain the same. Tape 3 Side 8 Mr. Rogers stated that he doesn't see anything in writing about if the enrollment drops that the rates will not be changed. 5 min. Councilman Cairnie made a motion to discuss this at the next workshop meeting, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. Mayor Severance explained that the next item is to place the Building Codes back on the agenda. Councilman Cairnie stated that he would like to get together with Mr. Loeffler to go over the County Building Codes and see how these fit in. Councilman Dietz asked if there is any way of getting these all in one Ordinance instead of five seperate ones. Attorney Weaver stated that one Ordinance should deal with one title, however if you would like to call it by a group title. Councilman Dietz stated that he would like to see this simpli~ied. 10 min. 15 min. Councilman Sikes made a motion to place the codes on the agenda, as recommended by the Building Code Committee, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. Councilman Dietz voting NO. At this time Mr. Bryant entered the meeting. Mr. Loeffler and Mayor Severance set up a Special meeting for the Council to meet with the Building Code Board on October 2, 1975 at 7:30 in the Mayor's office. Mayor Severance explained that the next item is Mr. Edsall's variance request. Councilman Dietz stated that in accordance to what we heard the other night from the members of the Board of Adjustments, he made a motion to grant this man a variance, stating that he does not see how that Street is ever going to be changed, it is always going to be an alley, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. 20 min. NEW BUSINESS Councilman Cairnie made a motion to set the Special Meeting for petitions, elections, and paying the last bills of the month, and adjust budget for Monday, September 29, 1975 at 7:30 P.M., being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. -11- o o 25 min. At this time Mr. Bryant read a letter from Briley, Wild and Associates, in regard to the pump station located North of Pearl Street and West of U.S. 1. Tape 4 Side A Councilman Dietz made a motion to instruct the City Manager to instruct Briley, Wild to give us bids and specifications as to the lift station on this matter, being seconded by Councilman Sikes. Mr. Armstrong spoke to the Council on this matter that there are some 40 acres in this area which will have to build up someday. 5 min. Mrs. Murphy questioned whether this area will ever be able to be built upon because of the 51% of the area not being developed. Councilman Lodico called for the question. Upon roll call vote said motion CARRIED. Mr. Bryant spoke to the Council in regard to street light requests. He explained that there is a light on Perditta about two thirds down just south of Knapp Avenue on the west side of the road. the power line for this light comes across the lot which is needing to be cleared. Florida Power and Light is having to repair this and there will be no charge to the City, for this partiaular light for about two months. Mr. Bryant stated that there was a request from Mrs. Denton who lives adjacent to the park at the foot of Indian River Boulevard. There are four poles in this area which belong to the City. Two of the lights were out and it has been re- ported to Florida Power & Light. At this time Mayor Severance read a letter signed by Phyllis Woodard in regard to the removal of the City Manager, Mr. Bryant, as well as the position of City Manager for the City of Edgewater. Councilman Dietz asked Mrs. Woodard as representative of this group come forward. He asked her about the request on the letter that the position of City Manager be placed on a referendum but it is not mentioned anywhere on the petitions, so inoothers words it has nothing to do with the petitions? Mrs. Woodard stated that on the survey of taking the positions, quite a few people said that they wished that it was put on the petitions to abolish the position. 25 min. Councilman Dietz asked when the petitions were taken around was there any misrepresentation given to the people when they were asked to sign them? Councilman Dietz gave a few examples of things that he was told. He stated that a petition is a privilege and it should not be abused. Mrs. Woodard stated that the person signing the petition should check into what they were told before they signed something. Councilman Dietz stated that a petitioner by the name of Viola Freeman walked through the trailer park and got people to sign the petitions who were not even citizens of the City of Edgewater. Councilman Dietz stated that he is going to make a motion that we have Mr. Tucker investigate everyone of the signatures on this petition and ask how they were approached to sign this petition and I am going to recommend to the Council that if there was any violation of the law in getting the signatures, whether it be a felony or a misdemeanor, then this Council should bring charges against persons involved. -12- o v Mrs. Woodard asked the Attorney if it is correct that if the petition is for an elected official we would have to have 20% of the 2,000 registered voters, over 2,000 40%, however this is not an elected official. Attorney Weaver stated that this is correct, what you are doing is simply asking the Council to do something, and it is up to the Council to make a motion or not make a motion. Mrs. Woodard stated that these signatures should be checked out, because if someone signed the petitions without knowing what they were signing it was their fault. There was much confusion at this time. Mrs. Woodard stated that if they feel the signatures should be investigated then it should be done, however why is Mr. Tucker the one to do it? Councilman Dietz answered that he is a City employee and he is an attorney. Tape 4 Side B At this time Councilman Dietz stated again that he wants this turned over to Mr. Tucker for a complete investigation as to obtaining these signatures, what was said, how it was said, how it was presented to the public and I want a full report back to the Council, at that time if we find out that there was a felony or a misdemeanor caused, being seconded by Council- man Lodico. Mrs. Turner asked how many signatures are on the petition? Councilman Dietz stated that it is hard to say because some people- signed husband and wife, and some people signed twice. He also explained how the Sunshine Law keeps the Councilmen from discussing any City business and they need a man as a go between. 5 min. Councilman Lodico spoke also on how hard it is to manage the City business without a City Manager to keep his eyes on every- thing. Mrs. Woodard spoke again about putting this on a referendum and ask the people if they want a City Manager. Councilman Lodico called for the question. Upon roll call vote said motion CARRIED. Mrs. Murphy stated that she feels that it is intemidation to have Mr. Tucker call on people, he works with Mr. Bryant, and he is the Judge and to have the Judge ask people questions is a little too much. She stated that this should be put on a referendum. 10 min. Mr. Bryant read requests from Mr. Leon Barnett, Mr. William J. Pease, and Mr. David McGinnis in regard to displaying their merchandise in front of their businesses. Councilman Cairnie made a motion that Mr. Barnett be allowed to display his merchandise on the ledge outside his building, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Mr. Barnett spoke to the Council about this. -13- . . o o 15 min. Councilman Dietz made a motion that Tropical Blossom be granted a permit to display their merchandise outside their building, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. Councilman Cairnie made a motion that A-I Rent All be granted a permit to display their merchandise outside their building, being secondedby Councilman Lodico. Upon roll call vote said motion CARRIED. MISCELLANEOUS Councilman Dietz stated that there is going to be a meeting tomorrow afternoon with Mr. Kelly in Mr. Briggs office. Mr. Fernandez will be there, with Mr. Bryant and Councilman Dietz. The City Clerk stated that the Cash Statement and the Budget were to be on the agenda for tonight but due to the length of the meeting she did not read them, however each Councilman has a copy of them. ADJOURNMENT Councilman Cairnie made a motion to adjourn being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. MINUTES TAKEN BY Sue Blackwell Debbie Sigler ATTEST: City c~~~ 11 -r;/J 7 day of Approved this lJ~~~~' ~ Mayor ' -ll~ - ~. ;;:: GENERAL FUND Edgewater Red & White City of Edgewater WW & SS Southern Bell Florida Power & Light Williams Welding Safeguard New Smyrna Beach News G.A. Thompson Co. AAA Business Systems IBM Knight Paper Industrial Office Outfitters Woodrow Tucker Gray Drug Stones New Smyrna Chrysler-Plymouth NSB-Edgewater Humane Society Ropps Automotive Electric Taylor Brothers County of Volusia Magnolia Lawnmower Service R.E. Morris Volusia County Diversified Electronics Eli-Witt - Havatampa Fla. League of Cities Brown's Air Conditioning Briley, Wild & Associates Robert G. Howard WATER AND SEWER City of Edgewater WW & SS Southern Bell Florida Power & Light Highway Equipment & Supply Hall Machine Works Badger Meter Sav-On Utility Briley, Wild and Associates o u BILLS AND ACCOUNTS SEPTEMBER 25, 1975 Com. Ctr.,City Hall Com.C. ,City Hall, Shufflebrd. F.D., Street C.C.,Lights, C.H.,F.D., B.P. Street Gen. Gov. Gen. Gov. P.D. Gen. Gov. Gen. Gov. P.D. P.D. Property Management P.D. P.D. Humane Society Street, Garbage P.D. Bldg. Inspections Street Street C.D. F.D. ,Gen. Gov. ,Street Com. C. Gen. Gov. C.D. Dump maintenance New Garage Water Water Vlater and Sewer Sewer Sewer via t er Water Hater 18.67 44.55 97.91 MUlti-gms2,574.72 21.13 10.30 16.80 89.35 364.24 58.22 41.50 8.55 20.74 1.50 11.88 150.00 34.50 10.00 662.14 3.90 1.95 118.00 67.25 26.62 30.00 80.00 528.86 415.00 5,508.28 5.50 41.05 1,782.30 71.88 10.50 382.44 1.20 166.25 2,461.12