Loading...
09-12-1983 - Special I .~ Q Q CITY COUNCIL OF EDGEWATER SPECIAL MEETING SEPTEMBER 12,1983 MINUTES Mayor David Ledbetter called the Special Meeting of Council to order at 7:00 PM in the Community Center. ROLL CALL Mayor David Ledbetter Councilman Melbourne Wargo Councilwoman Gigi Bennington Councilman Neil Asting Councilman Jack Spencer Present Present Arrived Later Present Present City Attorney Josel Alvarez City Clerk Connie Kinsey Police Chief Earl Baugh Present Present Present City Attorney Alvarez reviewed the time requirements regarding the budget and avertising and the process of computing the millage rate. He asked City Clerk Kinsey if she computed the millage rate based on the restrictions and she said she had. He asked if that millage rate was referred to as the rolled back rate and she said yes and he said it would be the tax rate for last year. He asked her if there vas a proposed millage rate and she said there was. He sai.d Council had received cooies of a resolution which will not be adopted that night but will be adopted at the meeting of September 22nd. He asked City Clerk Kinsey how much larger the proposed millage is than the rolled back rate and she said it is 7%. He said they will also read for the first time an ordinance for the proposed budget and he reviewed the time requirements once again. He asked if the Tax Assessor had been notified of this hearing and City Clerk Kinsey said he had. He read from the Statutes regarding the percentage increase in millage rate over the rolled back rate to be discussed first at the Hearing. He read the proposed resolution for the proposed millage rate. RES. #83-R-68 - A RESOLUTION ADOPTING A CERTIFIED MILLAGE RATE OF 5.800 MILLS PER $1,000.00 ASSESSED VALUATION FOR THE CITY OF EDGEWATER, FLORIDA, FOR THE FISCAL YEAR 1983-1984, WHICH REPRESENTS A SEVEN (7) PERCENT INCREASE OVER THE ROLLED BACK RATE OF 5.417; REPEALING ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HERE- WITH AND PROVIDING AN EFFECTIVE DATE. City Clerk Kinsey stated some of the reasons for the increase were for increasing liti- gation costs; hiring of a full time in-house Engineer and Recreation Director; hiring of two additional Police officers and the purchase of two used cars and equipment for same; reserve set up for new Police station, Fire Department equipment, Public Works equipment, and the Library addition, and Rescue equipment; a program for recapping and paving streets; and additional recreation facilities and equipment; plus increased operating costs. City Attorney Alvarez read Ordinance 83-0-15. AN ORDINANCE SETTING A FINAL BUDGET AND APPROPRIATING REVENUES TO BE COLLECTED FOR THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, FOR THE FISCAL YEAR BEINNING OCTOBER 1, 1983, AND ENDING SEPTEMBER 30, 1984, TO THE VARIOUS ITEMS OF THE GENERAL FUND; THE WATER-SEWER FUND; THE REFUSE COLLECTION FUND AND OTHER WATER-SEWER FUNDS; REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION OF THIS ORDINANCE, AND PROVIDING FOR AN EFFECTIVE DATE. He stated the second public hearing will be held within fifteen days of this meeting and within two to four days from the first day of the advertisement of this budget ordinance is placed. Mr. Dana Armstrong, former Mayor, said held called two of the Council members who had never seen a copy of the assessed valuation form for this year and asked the value of property in Edgewater since all three newspapers had something different. He referred to last year's budget ordinance which didn't pass on first reading and fourteen days later they amended the ordinance and it was four days after the fiscal year began with a new number assigned to it. He said this passed on an emergency basis with an increase in revenue of $32,000.00 that the first ordinance didn't have. He reviewed previous year1s budget figures and audits. r . .. ., o o Mr. Robert H. Christy, 1916 Evergreen Drive, former Mayor, asked the City Attorney for clarification of the dates. He stated he had voted no on the budget last year because it was not set up properly. He asked Council to go into each item on the budget as he wanted to speak on a particular item later. Councilwoman Bennington arrived at the meeting at this time (7:26 P.M.) Mr. Christy said he didn't like to see taxes raised or utilities but it's being done and the City has to have operating money. He said the other Council messed things up and he wanted that to go on record. Mr. Nathan Kroman, 1709 South Ridgewood, said he sensed something wrong but he wasn't good with numbers. He asked if the cost per capita goes down if the number of people served goes up. Mayor Ledbetter stated the $25,000.00 exemption is one reason and that some structures in Edgewater pay no taxes at all. Councilman Spencer said the City Council worked with the department heads and Connie Kinsey and Karen Rickelman and had gone over every single budget item. He said they started out with a 15.8% increase which would have included all the things the department heads and the parks and recreation felt were necessary and would benefit the City, and cut it down to 7%. He noted the increases were generally for wages and badly needed items such as a vehicle for the Water Department and the future purchase of a fire truck. He said the budget workshops were publicly noted and they would have appreciated more people to speak about the individual items. Mr. Kroman said the people don1t object to more needed services in the Police Department. Mrs. Karen Rickelman, of the Finance Department, said when they computed the proposed millage rate they based it on $103,565,214., a reduction of taxable value of $1,242,876., and the reduction is from giving all homeowners the $25,000. exemption this year. Mr. John Wharton, 1531 Riverside Drive, asked about the expenditures in Public Works and Parks and Recreation and asked if those items could be lowered. Mayor Ledbetter noted this is for paving and recapping of streets, culvert materials, street signs, and equipment. Mr. Wharton stated he didn't see these around the town. Councilman Asting noted that was why they're providing for it in this budget. Councilman Wargo stated 'he has received numerous complaints that drainage ditches were not cleaned and that there are trees in canals and mosquitoes because of the canals not being cleaned. He suggested the grader be replaced and equipment upgraded in the City to do the job, and said a backhoe is needed. Councilman Spencer noted that $177,000. of the Parks and Recreation is for the grant for Menard Park and there's an additional grant from Ponce Port Authority for improvements to the park and pier with an expenditure of $33,750. He also noted the figure to cover lights for the ball parks is increased and there1s $20,000. for a building at the ballfield which will include restroom facilities. Mr. Frank Opal , Florida Shores, compared figures on the proposed millage and the amount of the assessed valuation for 1983. City Clerk Kinsey said it is $103,565,214. Mr. Opal asked if it went down from last year and City Clerk Kinsey said it had. Mr. Opal said he felt the 7% increase was out of line and said the amounts for special recre- ational facilities were not necessary as there was nothing put in there three years ago. He said the other items should also be cut down and asked why there was $41,000. put in Code Enforcement when they don't even have meetings. He said the $60,000. for Legal Counsel should probably be $100,000. based on the lawsuits against the City. He noted that he hadn't seen the quarter page ad in the newspaper regarding the increase and that last year it wasn't a quarter page ad. He asked if the left over balance from last year was considered in the 1983 budget or where it goes and said he hoped the Council would eliminate the 7% increase and go back to the 5.417 rate. Ms. Ann Thomas, 1721 Royal Palm Drive, spoke on the Parks and Recreation budget and said this community is growing, with 750 children in .the Elementary School and others in the Junior and Senior High Schools. She said this is for adults as well as children and felt the budget could be justified and was reviewed many times. Councilman Spencer noted there was a new item in the budget called Special Recreational Facilities which will cover the City's expenditures relative to the Community Center only. -2- Special Council Meeting Minutes September 12, 1983 7 " ' o o Ms. Bonnie Turner, 118 Thomas Avenue, asked people in the audience how many had their ditches cleaned this year and how many had their streets paved. By a show of hands five replied to the ditches cleaned and one to the street paved. She said her street was in terrible shape and the street light was removed and she would hold the City responsible to repair her car if something happens to it because of the streets. She asked what they were getting for their tax money. Mrs. Helen Siburn, East Connecticut Avenue, said a man came to her door and told her if she would sign a piece of paper she would get her street paved. Mr. Harold Wright, 1868 Travelers Palm Drive, asked if Public Works is charged with the maintenance and upkeep of the streets and Mayor Ledbetter said they are. There was a dicussion regarding the one-third of the assessment for the property owner to pay and the responsibility of the Public Works Department to maintain the streets. Mr. Wright asked when the bill for the paving was going to be sent out and Mayor Ledbetter said they should go out some time in October. Mr. Wright said it would be difficult to pay the bill on his strict retirement budget and asked why the tax- payers should have to pay for the error in measurement of Vista Palm.. Mr. John Wilkinson, East Ocean Avenue, said they've made reference to getting value for the dollar spent and the more efficient use of equipment will be more efficient labor hours. Mr. Nathan Kroman said some of this is left over from politics in the City over the past three years and that a lot of people had lost confidence in City government. He suggested Council set aside time to prove that they are more concerned than the previous one. He asked about the increase in water charges and Mayor Ledbetter said this is the General Fund only. Councilwoman Bennington said the Council had gone through the budgets numerous times item by item to get the most for the money and were trying to be aware and conscientious to put the City back on the right"foot. Mr. John Wilkinson said they should put out more publicity so the public could be more informed and perhaps more people would become involved. Councilman Asting stated that he's a taxpayer in Edgewater also and he's aware that it will cost him more money but felt they did their best to keep the costs down. Mr. Dana Armstrong said he appreciated the Council's endeavors and the time they devoted plus the time spent by the City employees. He said he hoped some of the items will be trimmed before the next hearing. Councilman Asting moved to recess for five minutes. Councilman Wargo seconded the motion. Meeting was recessed at 8:25 P.M. Meeting returned to order at 8:37 P.M. City Attorney Alvarez once again read Ordinance 83-0-15. City Clerk Kinsey read the amounts of monies for the General Fund, Water and Sewer Fund, Refuse Funds, Water and Sewer Capital Improvement Funds, and Water and Sewer Development Funds. Councilman Spencer moved that Council adopt Ordinance 83-0-15 on its first reading. Councilwoman Bennington seconded the motion. Mr. Robert Christy, 1916 Evergreen Drive, called a point of information and asked about the Civil Defense budget of $4,385. He asked if salaries were involved there. Mayor Ledbetter said there's an amount for salaries of $1,800. Mr. Christy stated that in all the years before the City had a City Manager they didn't have a to pay a Civil Defense Director and they're now paying $150. a month for some- thing they're not getting. He asked Council to take away the $150. a month and put it in one of the other departments where it's more needed. Mr. Christy said he would demand a public hearing regarding the Civil Defense Director. -3- Special Council Meeting Minutes September 12, 1983 'fJl " o o Mr. Dana Armstrong suggested the Council combine garbage and trash departments with general government before the next meeting as the Charter says the City will provide garbage and trash collection in the City as well as a City Clerk. He said it doesn't have to be a solvent account as some people say. Councilman Spencer noted the Civil Defense budget for this fiscal year was $7,860. and they have reduced it to $4,385. Mayor Ledbetter noted this was for machinery and equipment which came out of Federal Revenue Sharing and they had bought wa1kie- talkies and other equipment last year. Motion to adopt the ordinance on first reading CARRIED 5-0. Mr. Robert Christy called a point of information and asked if he would get a public hearing as he never had a chance to defend himself when he was taken from the office of Civil Defense Director, and according to the law he was entitled to a hearing. Mrs. Opal, 2002 Pine Tree Drive, asked what the Code Enforcement does for $41,500. as she recalled the City Attorney said we really didn't need it. Mayor Ledbetter noted that's the Building Official and the people in the Building Department. Mrs. Opal asked how many secretaries this City has as half the girls aren't working when she comes in to pay her bill and they should either work or get out. City Attorney Alvarez asked City Clerk Kinsey the percentage increase tentatively adopted and she said it was 7%. 3) Reconsider the Resolution to Authorize Execution of Agreement for Menard Park Project- City Attorney Alvarez had prepared a memorandum dated September 12, 1983 regarding the deed restrictions and the sewer line outfall. City Clerk Kinsey read the memo. She also read Terry Wadsworth's report of September 9, 1983. Councilman Asting asked Mr. Wadsworth if DER takes tests of the effluent and Mr. Wadsworth said they do and Councilman Asting asked the results percentage wise and Mr. Wadsworth said it is usually 98 to 99% pure. Mr. John Wilkinson asked if former City Attorney Clay Henderson's memo of April 20, 1982 could also be read. City Clerk Kinsey read that memorandum. Mr. John Siburn, Connecticut Avenue, said he read Attorney Alvarez's and Attorney Henderson's memos and that he has two trustee deed that read there will be no structures exceeding three feet in height above the high water mark shall be. erected on a set strip of land and that restriction shall be a covenant running with the land. He distributed copies to Council members and said these were dated 1956 and that is still a restriction in the deed. He said there are three million gallons outfall now and before long it will be ten million gallons. He said he used to dig clams and oysters there until the Health Department stopped them and there must be a reason. City Attorney Alvarez read Resolution #83-R-66. A RESOLUTION AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA TO EXECUTE THE ATTACHED AGREEMENT ENTITLED "FLORIDA DEPARTMENT OF NATURAL RESOURCES, FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROJECT AGREEMENT, FRDAP NO. 6-46-17, DNR CONTRACT NO. C1356", REPEALING ALL RESO- LUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Mayor Ledbetter asked City Attorney Alvarez if Council could pass this resolution without jeopardizing the grant unless somebody brings a suit to stop the park. City Attorney Alvarez said that based on former City Attorney Henderson's opinion he saw no reason to disagree with it. Councilwoman Bennington moved to accept Resolution 83-R-66. Councilman Spencer seconded the motion. Motion CARRIED 5-0. 4) Review of the revised Volusia County Proposed EMS Ordinance - Councilman Spencer stated this affects all EMS organizations in the County and it requires County certification for such organizations but the amended ordinance is only for those that transport patients and our EVER group does not transport so it doesn't apply. He said he felt the ordinance as now presented to the County Council was what EVER wants and saw no reason for Council to take action unless they want to send a letter of endorsement. Councilman Asting moved to have the City Clerk send a letter to the County Council endorsing this proposed ordinance. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. -4- Special Council Meeting Minutes September 12, 1983 ; J....., .. o o 5) Request for Waiver of Bid Requirement for Repair at Wastewater Plant - Mr. Terry Wadsworth, Utilities Superintendent, came forward and said the mechanical aerator broke down two weeks agao and the mechanical gear reduction unit was broken. He said they took it to Melbourne for repair estimates and the amount was $3,200. He said if they go through the normal bid proceudres it will take a long time and in that time they will have operational difficulties and odor problems at that plant. He referred to the section in the Charter which provides for such an occurrence. Councilman Asting asked what unit it was and Mr. Wadsworth said it was the circular digestor at the entrance to the Sewer Plant. Councilman Asting moved to grant the request by Mr. Wadsworth to waive the bid pro- cedure. Councilman Spencer seconded the motion. Councilman Asting asked if this is in the nature of an emergency and Mr. Wadsworth said it was. Motion CARRIED 5-0. Councilman Asting moved to adjourn the meeting. Councilman Spencer seconded the motion. Meeting was adjourned at 9:12 P.M. Minutes submitted by: Lura Sue Koser w~~~fftL~ ~~ r I _ COUNCI OMAN - ZONE TWO 7z{~(/Kb COUNC I LMAN - ZQNE THREE; COUNCI~io~~ 7;-L0 / ~ ATTEST: ~ CITY CLERK d~/ - / Approved this /92-<:day of CW~ r/ '23. MAYOR -5- Special Council Meeting Minutes September 12, 1983