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02-28-1975 - Regular '. -I u u THE CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD FEBRUARY 28, 1975 Tape 1 Side A o min. The Regular Meeting of the City Council of the City of Edgewater was called to order February 28, 1975, at 7:30 P.M. by Mayor David C. Severance. ROLL CALL Mayor David C. Severance Councilman Jacob Lodico Councilman William H. Cairnie Councilman Walter B. Sikes Councilman Calvin R. Dietz City Manager Dale Bryant City Attorney Joseph E. Weaver City Clerk Sue Blackwell Police Chief George Katez Present Present Present Present Present Present Present Present Present INVOCATION APPROVAL OF MINUTES Councilman Cairnie made a motion to approve the minutes of the Special Meeting, December 19, 1974 and the Regular Meeting, February 13, 1975, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. BILLS & ACCOUNTS 5 min. Councilman Lodico made a motion to pay the bills as were read at the workshop, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. AUDIT REPORT At this time the floor was turned over the Mr. Cliff Cunningham for the audit report. Mr. Cunningham read from the report, copies of which were passed out to the Councilmen. 15 min. Councilman Dietz asked if this means we have over expended our budget? Mr. Cunningham stated yes for 1973-74, by $8600.00, excluding what you appropriated for funds balance. Your yearly operation reflects that you actually expended $8600.00 more than you took in. Mr. Cunningham stated that it would be their recommendation to amend this year's budget to include the Seawall, Recreation, and City Garage contracts, and charge them against the reserve and not thefund balance. 20 min. At this time Mayor Severance stated that he would like some presentations made so that a few men can go back to their work. These men have earned badges and pins for first aid instructor. The following received these badges and pins together with congratulations from the Mayor; Bill Tillotson, Mike Bosse, Steve Brooks, and ~eorge Worchester. L 25 min. Tape 2 Side A o min. 5 min. 10 min. 22 min. \ '-> o Mr. Cunningham continued with the audit report. Councilman Dietz questioned whether there is a section in our Charter that you could not at any time exceed 10% of your bud- get for a fund balance or surplus whatever you call it. Mr. Cunningham stated that he has never heard of this, every City that he has audited in the last two or three years has exceeded it by 10%. However, this is a good figure not to exceed by. Councilman Dietz asked if this is a fact or a rumor, is this in our Charter? Councilman Cairnie stated that he doesn't believe it is in the Charter but he understood that it was a State Law, that any sur- plus over 10% had to be reappropriated in the next year's budget. Mr. Cunningham stated that the County does this. However, if the Council is asking for a recommendation, he would suggest that anywhere between 10% and 15% of your budget should be main- tained for emergencies as a fund balance. Mr. Cunningham stated that the Council could have the City Manager create a five year capital plan and appropriate the money out of your operating general fund balance into the capi ta 1 budget. Councilman Dietz stated that this should be thought about. Mr. Armstrong spoke in regard to the Library Fund which carries on from year to year. Also, he stated that the Charter says that any contract entered into without the appropriation there- fore, is null and void, so if this is the case it is a violation of the Charter. Mr. Cunningham stated that as of September 30, 1974 this has not been expended. Mr. Armstrong stated that he is just trying to throw some light on what has happened. Mr. Cunningham stated that this deviates from the subject all together, the subject was how the Council could provide for the replacement of capital expenditures, and the answer was that it could be done through a capital program. At this time Mr. Cunningham read from the report again. In regard to the Federal Revenue Sharing, Mr. Cunningham stated that there are nine priority uses for this money, some examples are Public Safety, Health and Welfare, Recreation, and so on. Councilman Dietz questioned the City Clerk as to where this money is now? The City Clerk answered that it is in a seperate account invested. This money has been appropriated for water and sewer improvements for this year. Mr. Cunningham began reading further in the report. There was discussion in regard to the working capital and how it decreased during the year. -2- Tape 2 Side A o min. 15 min. 25 min. Tape 2 Side B o min. v o Mr. Cunningham stated that their recommendation in regards to the Renewal and Replacement Fund was acted on prior to him reading this. At this time Mayor Severance stated that if there are no more questions, we could set up a meeting just for questions on the report. Mr. Cunningham read the audit comments and management letter. Mr. Cunningham stated immediate attention. the identification of ledger. that there are two areas which require One is the inventory of the fixed assets, them and the creation of a fixed asset Councilman Sikes questioned who determines how much the value of the assets are. Mr. Cunningham stated that what has been done by all Cities except Edgewater is that they start working backwards elimin- ating, taking what was purchased this year, creating their ledger, going and finding the piece of equipment giving it an identification number and creating the same thing on the ledger, until they have flushed everything on the records. Councilman Sikes questioned who determines the value. Mr. Cunningham stated that the cost price is there. If a car is purchased for $5,000.00 and you sell it later, you still cross it off of the books at $5,000.00. The money you receive for the equipment comes in as income. Mr. Cunningham stated that this is a large job and someone will probably have to be hired to do it. Mr. Cunningham stated that the City must file a copy of the audit report with the auditor general together with a copy of the audit comments and the City's response, prior to this the City is required to make publichdisclosure and comments. Councilman Sikes asked Mr. Cunningham to give a comment on the general condition of the City. Mr. Cunningham answered that financaally, other than your Water and Sewer System you arein excellent financial shape. The Water and Sewer System needs capital improvements. Councilman Cairnie made a motion to have a special workshop on March 6, 1975, at 7:30, to discuss the auditor's report, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. COMMUNCIATIONS In the interest of time, the City Clerk simply explained the communications instead of reading them in detail. A Merit Board recommendation for Mrs. Sedgwick to be raised from Clerk III, Step C to Clerk III, Step D. Councilman Cairnie made a motion to accept the recommendation, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. The City Clerk read a request from Edgewater Electric to operate an electric wholesale business at 808 India River Boulevard. Mayor Severance read an opinion from the City Attorney stating that he feels this should be handled by the Zoning Board. -3- u o 5 min. Councilman Lodico stated that this request has not been understood. This man is not aSking to sell wholesale, he is asking to purchase wholesale, and this Council will have the right to grant this. Councilman Dietz made a motion to give the man his license, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. The City Clerk read a letter from Edgewater Recreation Association, together with a check in the amount of $200.00 as a donation for the fence for the recreation park. The City Clerk read a letter from the Department of Trans- portation, stating that the location suggested for a cross- over is not appropriate, and a crossover should not be con- structed. 10 min. Councilman Sikes made a motion that the department reconsider theoriginal request, because this is needed and should be built, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. City Manager Bryant spoke to the Council in regards to the water sample tests. Councilman Dietz made a motion that we go ahead and do whatever it takes to do this job and meet the requirements, hire Russell Lab, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. The City Clerk read a letter from Lillian Straub in regard to the Florida Shores streets, requesting that a letter be written to Magnuson Inc. stating that the City now maintains these streets. Councilman Cairnie made a motion to have the City Attorney be instructed to draw up this letter and have it ready for 15 min. the Council at their next meeting, being seconded by Councilman Diet~. Upon roll call vote said motion CARRIED. The City Clerk read a letter from Mr. Bill Jernigan requesting an additional street in the Eaton - Industrial Road area. Councilman Cairnie made a motion that the Mayor and the City Manager go out and look this situation over and report back to the Council with the information and suggestions as to what should be done, being seconded by Councilman Dietz. Upon roll call vote said motjon CARRIED. RESOLUTIONS RES. NO. 568 A RESOLUTION APPOINTING STEPHAN KELLEY TO THE MERIT BOARD OF THE CITY OF EDGEWATER, FLORIDA TO REPRESENT THE EMPLOYEES OF THE CITY OF EDGEWATER ON THE MERIT BOARD AND PROVIDING AN EFFECTIVE DATE THEREFORE. Mayor Severance read this resolution. Councilman Cairnie made a motion to adopt this Resolution, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. -4- Tape 3 Side A o min. Tape 3 Side B o min. ~ o ORDINANCES None OLD BUSINESS The City Clerk read her certification of bids for the Fire Hose from ABC Fire Equipment Co., Daytona Fire Equipment Co., Jack Cocke and Co., Inc., and Biscayne Fire Equipment Co., Inc. The bids were opened and read, and due to much confusion on this, Councilman Cairnie made a motion that since these bids are all under the $2,000.00 amount under which the City Manager can pur- chase, that these bids be turned over to the City Manager and the Fire Chief to buy whatever they feel is best for the depart- ment, being seconded by Councilman Dietz. City Manager Bryant stated that he feels he should look into the matter, but still bring his recommendation to the Council for a decision. Councilman Dietz stated that the motion was made to let the manager buy it and it was seconded, that gives him the authority. Upon roll call vote of eouncilman Cairnie's motion, said motion CARRIED. At this time the bids for the City Gara~e were opened. The fol- lowing companies sent in bids on this item: Reagus Builders Southeast Const. Electric Service Edgewater Electric Electrical Construction Sun Control Products Steele and Sons, Inc. W. D. Dupont & Sons Sampley Enterprises Maule Industries, Inc. Robert Hubbs, Inc. Louis Rotunda Geiger-Jones Ray Smith S Assoc. After the reading of the bids, due to the many different bids, Councilman Cairnie made a motion that a special meeting be set for March 6,1975 at 7:00, and at this meeting the City Manager would have looked into these bids and have some clarifications and suggestions for the Council, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. At this time Mayor Severance read an opinion from theCity Attorney in regard to the Board of Adjustments,stating that he could find no proabition that would preclude the City of Edgewater from treating the Board of Adjustments as an advisory board. Councilman Dietz made a motion that the Board of Adjustments be kept as an advisory board, being seconded by Councilman Cajrnie. Councilman Lodico questioned as whether this board will work as an advisory board after all their trouble. Upon roll call vote on Councilman Dietz's motion, said motion DIED. Councilman Lodico, Councilman Sikes and Mayor Severance voting NO. Mayor Severance stated that the Ordinance will have to be amended taking Section E out of it, making the Board of Adjustments a legislative board rather than an advisory board. Councilman Dietz stated that he feels there should be another motion and this should not be taken as final word. -5- .. ... " v ~ 5 min. Mayor Severance stated that an amendment will have to be made to the Ordinance, and then another vote to adopt this amendment. There was discussion in regard to this matter. Mr. Armstrong stated that to override a zoning can only be done by legislature, and only the Council can pass local legislation. Mayor Severance explained that this board is not passing legis- lation, they are following our legislation when a request for variance comes before them. They are strictly going by the law that the Council creates. 10 min. Mr. Armstrong stated that this board is going to determine whether or not these variances are in accordance with the local laws, as yet in compliance with local legislation. Mayor Severance stated that this is correct, but if the Council disagrees with a decision made by the Board of Adjustments, it goes through the Courts. Councilman Dietz stated that he feels you are taking the right of the people away from them and putting it on a board which is not elected by the people. Councilman Lodico stated that he feels the board members go out and research these requests for variances, and they know all about it. The Council appoints a Chief of Police and City Clerk, and so on and the Council are responsible for them. 15 min. There was more discussion until Mayor Severance called for order. Councilman Cairnie made a motion to have the City Attorney draw up an Ordinance to clarify the cut on and cut off charges, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. Mayor Severance stated that Mrs. Robinson who drives a school bus is asking for permission to park her bus. at home just during the time that it is so dark in the mornings. There has been some vandilism going on, and at the present time a police officer is going with her to enter her bus in the mornings. Mayor Severance stated that he feels this should be a blanket motion for all school buses. 20 min. Councilman Dietz made a motion that a permit shall be issued for a six week period for all school buses in this City limits, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. Councilman Lodico voting NO, stating that if you do it for school buses you should do it for trucks and cars. City Manager Bryant stated that there has been some vandalism at the City Garage and he would like to have one of the police officers as a night watchman. Councilman Dietz made a motion that a 90 day permit be issued to park a mobile home at the garage for security reasons, per existing ordinance, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. Mayor Severance read an estimate on sandplasting of the Fire Station from D & M Flooring and Wallcovering in the amount of $560.00. -6- , . . \ .'.., . 25 min. Tape 4 Side A o min. 5 min. ~ u Councilman Cairnie made a motion that this be done, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Councilman Lodico made a motion for the City Attorney to review the Building, Plumbing, Gas, Electrical and Mechanical Ordinances to see that they are in the proper form, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. Councilman Cairnie made a motion that the Workshop meetings be held in the Mayor's office, except for an overflow or something, then it can be moved, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. At this time Mr. Robert Christy was given the floor for his Civil Defense report. After discussion about an Ordinance which Mr. Weaver is looking over, Mr. Christy stated that he had the Daytona Beach Area Chapter American National Red Cross Shelter Disaster reassignment. The Edgewater Elementary School is now put in as a satelight seeing unit and will handle 300 people. Mr. Christy stated that he has from the Division of Health and Rehabilitation the emergency medical rules and regulations for 1976. Councilman Cairnie made a motion that painting just the ends of the school bus stop buildings should be left up to Mr. Bryant to take care of, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. Councilman Cairnie made a motion that the City Manager and or Mayor Severance be authorized representatives to sign papers on the Block Grant Program, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. Councilman Dietz questioned the program for grant'money for sewer plants, which he read abbut in the paper. Mr. Bryant stated that he is checking into this with the engineers. ANNOUNCEMENTS: Ham Dinner, Sunday, March 9th Workshop, Monday, March 10th Board of Adjustments Public Hearing, March 3rd. ADJOURN: Councilman Dietz made a motion to adjourn this meeting, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. Meeting adjourned at 10:30 P.M. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler ATT:: ~ ~y Clerk day of -7- " . . \ '. "', '.... u GENERAL FUND City of Edgewater Southern Bell Florida Power & Light Co. City Auto Supply Kirkland Sod Company Magnolia Lawnmower Service Marge's Fabrics Daniel W. Cory Electrical Construction Blackwell & Robertson Edgewater Electric Ropp's Automotive American Hardware Vito Castellano Brown's Air Conditioning Pitney Bowes New Smyrna Beach News News Journal Corp. Standard Oil Industrial Office Outfitters J. E. Tumblin Ins. Fla. Fire & Safety Supply Xerox W.S. Darley & Co. City of Edgewater Jesse E. Blanton Joseph E. Weaver WATER AND SEWER City of Edgewater City Auto Supply Southern Bell Florida Power & Light American Hardware Sav-On Utility Supplies Fla. Fire & Safety Supply Environmental Specialties Dewitt Chemical Company Hughes Supply Economy Electric Company All State Pipe Supply Co. Conrad Yelvington Briley, Wild & Associates Bank of NewSmyrna u BILLS AND ACCOUNTS FEBRUARY 27,1975 Gen.Gov.,Com.Center,Shuff1brd. F. D. ,Gen. Gov. ,Street Street Street, P.O. Park and Pier Street P.O. Gen. Gov. F . D. Street C.D. Street,Garbage Gen.Gov.,Street,F.D.,P.D.,P.& P. Com. Denter Library Gen. Gov. F . 0 . Gen. Gov. City Garage Street Gen. Gov. P.O. Gen. Gov. Com. Center Gen. Gov. F.D. Gen. Gov.(Petty Cash) C.D. Gen. Gov. Water Water and Sewer Water Water and Sewer Water and Sewer Water Water Sewer Sewer Water Water Water Sewer Sewer Water and Sewer 87.45 185.59 1,744.44 50.14 13.50 4.00 5.35 10.22 2.64 4.50 57.00 33.00 30.09 50.00 109.54 30.00 4.90 27.50 657.40 47.59 2,816.00 13.00 135.00 149.94 19.58 5.00 200.00 . .. 6,493.37 5.50 30.47 36.57 1,146.88 61.30 11.70 8.00 9.53 129.90 97.47 55.00 10.00 199.80 783.21 3.90 2 , 589 . 23