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09-26-1977 - Regular v. ~. u "" t~ V 1 CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD SEPTEMBER 26, 1977 Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater, Florida to order Monday, September 26, 1977 at 7:30 P.M. ROLL CALL Mayor Dana T. Armstrong Councilwoman Ryta F. Webber Councilman Carl Shell Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney Judson Woods City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES Councilman Dietz made a motion to approve the minutes of the Public Hearing and Regular Meeting held September 12, 1977 being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED 3-2. Councilman Shell and Mayor Armstrong voted NO because they were not present at that meeting. Councilman Sikes made a motion to approve the minutes of the Regular Meeting held September 19, 1977. Councilwoman Webber seconded the motion. Upon roll call vote said motion CARRIED 5-0. Mayor Armstrong changed the order of business due to an emergency ordinance that must be done before the beginning of the new fiscal year. Councilman Dietz made a motion that they handle the Ordinance amending Ordinance 961 on an emergency basis. Councilman Sikes seconded the motion. ~ Councilman Sikes said that he wished to ask Mrs. Blackwell if the budget is. within $5,000 of the budget approved so that we are $5,000 underspent from last year's budget Mrs. Blackwell replied the figure was $5,068. The Mayor called for a roll call if there were no further questions. Upon roll call vote the motion CARRIED 5-0. , ORDINANCE NO. 990 AN ORDINANCE AMENDING ORDINANCE NO. 961 WHICH ORDINANCE SET A TENTATIVE BUDGET AND APPROPRIATED REVENUES TO BE COLLECTED FOR THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1976, AND ENDING SEPTEMBER 30, 1977; REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read this Ordinance in full. Councilman Dietz made the motion to adopt this Ordinance. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0 I ~1 I I I I BILLS AND ACCOUNTS Mayor Armstrong read the total of the bills in the General Fund account. Chairman Dietz made a motion to pay these bills.. Councilwoman Webber seconded the motion. They were several questions about the bill for the generator. These questions were answered by Mr. Christy. Upon roll call the motion CARRIED 4-1. Mayor Armstrong voted NO. ~ " v (; Mayor Armstrong read the bill for Federal Revenue Sharing. Councilman Dietz made a motion to pay the bill. Councilwoman Webber seconded the motion. Upon roll call said motion CARRIED 5-0. ,,' ..,..." Mayor Armstrong read the total of the bills for the Water and Wastewater account. Councilman Dietz made a motion to pay the bills. Councilman Shell seconded the motion. Upon roll call said motion CARRIED 5-0. The City Clerk read a bill from the National Bank Note., LaGrange, Ill. for $515.35. , Mayor Armstron said this was the bill for printing the bonds for $700,000 and requested that the City Clerk find out why Mr. McGough didn't honor it. The City Clerk will find out about this bill and report back to the Council. The City Clerk read a letter from Briley, Wild and Associates concerning the bids returned on the equipment for Lift Station No.4. The bid submitted by E. K. Phelps Co. was low and it was recommended that the City accept the bid in the amount of $3,200.00. Councilman Dietz made a motion to authorize the City Clerk to issue a Purchase Order to E. K. Phelps Co., in this amount to be charged to Capital Improvements instead of renewal-replacement. Councilman Sikes seconded the motion. There was some discussion about the type of equipment and the installation. Upon roll call said motion CARRIED 5-0. COMMUNICATIONS The City Clerk read a letter from Lawrence A. Sechler containing a stipulation if the City encloses the portion of land remaining on Lot 20B there must be an access of a width of no less than 20 ft. also that proper drainage be pro- vided. Mr. Sechler also requested a consideration in the sum of $300.00. Councilman Sikes said that it should not be necessary to construct an enclosed fence nor would there be any obstruction to the said portion of the land. It was his understanding that the City only had 20 ft. at the Lift Station. Mayor Armstrong stated that he had unofficially committed himself to give the City on Lot 21 an area 31 ft. by 90 ft. wide. He also said that he was giving the City on Oakridge an area 40 ft. by 100 ft. That would give them 104 ft. on the North, 40 ft. on the South by 119 ft. deep. Tape 1B There was discussion about the amount of land and the size of the area. The Council finally concluded that they could meet the stipulation about access. Councilman Sikes said the City should pay the $300. in lieu of further attorney expenses. He then made a motion that the Council authorize the City Attorney to prepare the necessary legal papers and to secure a survey in order to obtain the property description on the land from Mr. Sechler and also on the land that Mr. and Mrs. Armstrong are going to quick claim deed to the City. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 4-1. Mayor Armstrong voted NO because of a conflict of interest. AUDIENCE MISCELLANEOUS Mrs. Rich asked why the sign that said "Thank you for Not Smoking" was ignored by Councilman Dietz. Councilman Dietz stated that there was no law in the City of Edgewater that prohibits smoking in the Community Center. RESOLUTIONS Res. No. 735 A RESOLUTION APPOINTING HAROLD BROWN, JR. TO THE EDGEWATER BOARD OF GOVERNORS: REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read this Resolution in full. Councilman Sikes made a motion to adopt this resolution. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. - 2 - u ~ Res. 736 A RESOLUTION APPROVING THE ACTION OF THE EDGEWATER BOARD OF ADJUSTMENTS IN GRANTING A VARIANCE TO JOHN A. SCHWARTZ; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Shell made a motion to adopt the resolution. Councilman Sikes seconded the motion. Upon roll call the vote CARRIED 5-0. ORDINANCES Ord. No. 992 AN ORDINANCE AMENDING SECTION 4. and 9. OF ORDINANCE NO. 611 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA. TO PROVIDE FOR THE ASSESSMENT OF A DELINQUENCY CHARGE, TERMINATION OF SERVICE AND THE PLACEMENT AND REMOVAL OF GARBAGE CANS PRIOR TO AND AFTER PICK-UP SERVICE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read this Ordinance in full. Councilman Dietz made the motion to adopt this Ordinance. Councilman Sikes seconded the motion. A speaker in the audience stated that he felt the 20 days was nota fair length of time before a delinquency charge was made. Councilman Dietz said that the City had done extensive research on this question and found that the 20 day period was compatible with all the large cities and all the cities around Florida. This decision was made to make the operation of the computer service which the City is about to enter into function easier and more properly. Upon roll call the motion to adopt the first reading of this Ordinance CARRIED 4 - 1. Mayor Armstrong voted NO. Ord. 991 AN ORDINANCE AMENDING SECTION 13 OF ORDINANCE NO. 896 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA TO PROVIDE FOR THE ASSESSMENT OF A DELINQUENCY CHARGE AND TERMINATION OF WATER AND SEWER SERVICE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Dietz made a motion to adopt this Ordinance. seconded the motion. Councilman Shell Councilman Dietz explained that this Ordinance is exactly the same as it has always been with the exception of the 30 days has been reduced to 20 days. Councilman Dietz further explained that the computer will bill in two sections, one on the 15th and one around the 28th. TAPE 2 Upon roll call the motion to adopt the first reading of this Ordinance CARRIED 4-1. Mayor Armstrong voted NO. OLD BUSINESS The City Clerk read a letter sent to the City Attorney from Mr. Gillespie regarding the bill sent to Mr. Sindler from the City. Mr. Gillespie is now representing Mr. Sindler. Mr. Sindler is unwilling to pay the bill but will compromise and pay 40% of the amount in the sum of $1,084.50. Councilman Dietz made a motion to instruct the City Attorney to write to Mr. Gillespie and refuse the offer and request that the bill be paid in full. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. - ~ The City Clerk read the bills from Briley, Wild and Associates. Councilman Sikes made the motion that the City pay Invoice No. 77-321 in the amount of $52.00. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Sikes made the motion that the City pay Invoice No. 77-334 in the amount of $3,974.30. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Dietz made a motion that the City pay Invoice No. 77-335 in the amount of $777.90. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-1. Mayor Armstrong voted NO - 3 - Q Q Councilman Sikes made the motion that they table Invoice No. 77-337 until they could have a conference with Briley, Wild. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 5-0. There was a discussion concerning the method for contacting Briley, Wild to receive a more detailed breakdown of the bill. Councilman Sikes asked if there had been a ruling from Briley, Wild pertaining to the Wildwood subdivision. There was a discussion about the acceptance of the Wildwood subdivision by Edgewater. The City Attorney said that the City had not completed annexation of the subdivision. Councilman Dietz said that the City had set up a R-2 classification with the lot sizes and also the sizes of the homes for the Wildwood subdivision. Tape 2B The City Clerk said that Ordinance 989 amended Ordinance 880 to permit the addition of an additional zoning district to be known as R-2-A single family residential district. However there is no specific mention of the Wildwood subdivision. The City Attorney said that he had not included the particular legal description of the subdivision. It was his understanding that the City wanted to add an R-2-A zoning district to the Code of Ordinances. Councilman Dietz stated that it was specifically designed for the Wildwood subdivision to be zoned as R-2-A. The City Clerk read the final bill from Briley, Wild Invoice No. 77-350 for the amount of $3,775.00. Councilman Dietz asked the City Clerk if Edgewater gets a portion of this bill back from New Smyrna Beach? The City Clerk said it was not from New Smyrna Beach it was from the Federal Government but we went into this 201 plan with New Smyrna as the prime applicant and we have to go through their engineers. Councilman Dietz made a motion that they Invoice No. 77-350 in the amount of $3,775.00. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. The next item of business was the sound system for the Community Center. The total bill would be $1,090.00. One special speaker 60 watt power amplifier low impedance $345.00; one 8-channel mixer equilizer with individual volume controls, $295.00; 6 hi-fidelity 8 inch ceiling speakers with baffles, $150.00.; engineering and installation $300.00. Existing microphones and small columns will be used. Councilman Sikes made a motion that they table new sound equipment for the Community Center. Councilman Dietz seconded the motion. Upon roll call the motion CARRIED 5-0 There was a discussion about the methods to improve the present sound system in the Community Center. Mr. Woods asked if anyone had had a chance to go over the Cable TV ORDINANCE changes. He said he would give them to the City Clerk so that everybody could review them. This subject will be discussed next week. NEW BUSINESS Councilwoman Webber stated that about a year ago she was approached by the PTA to try to find a safer route for school children to walk and ride their bicycles to school. The Camerons suggested that they would give a piece of property to the City if we would give them a street opening onto Riverside Drive. At that time this was not a public street. In May, Bob Wolf received a letter addressed to the Mayor and City Council that was never delivered to City Hall, that if the City could give a piece of property of equal size and value we could get the right of way through the property that abutted the'school grounds. She approached the school board to find out if they could give up a piece of their property which adjoined the Cameron's property. If there was a possibility of this and if the Council would go along with it - how about supplies and money for the paving of the bike path. The school board has contacted Mr. Cameron and asked him to have his attorneys draw up papers and they will give him the piece of property he has -4- u v for next to his of equal value and size. Mr. Cameron wants his street paved. A survey is not necessary on school property and Mr. Cameron will supply his own survey. It is an area 500 x 50 ft. Eventually, the school board will give us a right of way along the railroad tracks from Mr. Cameron's property to Old County Road. Councilman Sikes asked if the only cost to the City would be the labor and rental of the equipment to put the street in. Councilwoman Webber said it would be the street and bicycle path. She said the County would provide the fill, limerock, shell and asphalt. Tape 3 Mayor Armstrong questioned where the road would go. Councilwoman Webber said Industrial Road meets Mr. Cameron's property Councilwoman Webber made a motion that the City Attorney write a letter to Mr. Cameron stating the the county will furnsih fill, limerock, shell and asphalt and the City will furnish the labor to do the paving. Councilman Sikes seconded the motion. Upon Roll Call the motion CARRIED 5-0. Councilman Shell made a motion to pave Flagler Ave, from Park Ave to 12th St. There was a discussion about digging up the street. There was a discussion about the cost and charges for this project. Councilman Dietz stated that if we didn't fix Flagler now it would cost twice as much later. Dietz made a motion that the Council instruct Mr. Shell to go ahead and take the appropriate action to have Flagler Ave. paved as per the outline in the estimates including filling in the low spots. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-1. Mayor Armstrong voted NO. Councilman Dietz brought up the subject of the computer being put in City Hall. People will be sent down here this week to check out the power and select a location for the computer. The equipment should be isolated, it is delicate and highly sensitive and should be locked up at nighttime. He suggested that the Mayor's Office would be the most suitable place. They could move the Mayor into the City Clerk's office or across the hall and use the Mayor's Office as a computer room which would protect their investment for a long time. Tape 3B This would be comparable to the size office used in other places and would take care of the entire operation. It was agreeable to the Council to use the Mayor's office for the computer. Councilman Sikes suggested that a letter be written to Gene Smith, Mosquito Control Board to show him our appreciation for his services. MISCELLANEOUS Councilman Dietz said that he believed that all the Council members had a copy of information he had received from May, Zima Co. concerning refinancing of A & B bonds which is highly technical. It would save the City in excess of a quarter of a million dollars and would put us in a better position, eliminate Ordinance 400 altogether. It would give the City the right to work their system the way they wanted to. He suggested that they table this subject now because it is complicated and needs more time to be studied. Mayor Armstrong mentioned the EVER Annual Educational Conference. Councilwoman Webber made a motion to reimburse the members. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Dietz was temporarily absent. Councilman Dietz returned and announced that Mr. Fernandez was present to explain to the Council about the new plans for the Water Plant and the bids have to go out by the first of October because we have to start construction by December 1, 1977. Mr. Fernandez stated that Councilman Dietz was correct that the Water Plant needs to be under construction by early December. This can be accomplished with a November 2nd bid date. It would give everyone time to review and consider the bids. - 5 - u Q Mr. Fernandez (cont.) In order to get a 30 day advertising period we would like to advertise next Monday. The Plant specifications will be ready to be distributed on October 3rd. What we've done with the project is essentially as you saw it two years ago when bids were taken the first time. Several items have been eliminated, the first is the well washing which is now almost complete; the second is the aerator and that has been deleted in order to trim the budget. Additions that have been put in were the centralizing of control for the well at the Water Plant property and conversion of (not clear) standbv -en9ines for high service pumps. We are going to use a stanoby generator at . Plant . capable of powering the whole facility. In order to comply with Farmer's Home Administration guidelines of not awarding the money that you will be- receiviQg from the second round loan, we1ve broken the project up into two phases. We also considered the minority business enterprise requirements of the Economic Development Administration. We needed a portion of work in the first phase that could generate sub-contracts for minority businesses. A logical choice,different trades because a large number of minority businesses are involved in electrical, plumbing and concrete work things of that nature where mechanical equipment manufacturers are generally owned by what would be classified as non minority businesses. The first phase of the project as we have it set up now which would have to commence Friday, December 1st is construction of the Water Treatment Plant high service pumping station. This is the high service pumps, the motor control center and the chlorination facility. Also in the first phase is the clear well which will hold 100,000 gallons and modification of the well pumps. Mr. Fernandez went on to explain that a clear well is a concrete tank that sits down stream of the filter and generally has clear water. When the Treatment Plant is finished it will be treated water. Initially before we got the second round of money from Farmer's Home Administration it would be water pumped out of the well held in storage, available for pumping. After the first phase we would have the same degree of treatment that we have now. The water would be in a larger quantity and put out at a higher pressure than is currently available. It would be generally of the same quality that we have now. Hopefully the FHA will proceed rapidly and that there will be no break in the construction activities at the Water Plant, and we can proceed with the construction of the softening and the filters generally a month or month and a half down the road. We are borrowing $300,000 from them which would pay for the spiractor and the filters and (tape not clear) and most of the heavy hardware associated with treatment. Councilwoman Webber asked what we were going to do with the $362,000 we have now. Mr. Fernandez said that would pay for the modification of the wells, the 100,000 gallon clear well, construction of the motor control center which would control all these operations once the treatment plant is done. We had to have a clear breaking point because of this requirement of FHA that we couldn't award the portion where their money was going to be spent until after bonds were validated. Additionally we had to build something under the first phase that was workable in order to be able to use what money was left over from the first FHA loan and looking at the project in detail that was the only logical breaking point so that we could meet all of the criteria that the various agencies were placing upon us. It is not a clear cut job when you deal with so many agencies with so many strings attached to their money as we have involved in this operation. Councilwoman Webber said that nothing workable was going to be put in with EDA money. Mr. Fernandez said that yes we will be able to pump the well to a 100,00 gallon storage tank, chlorinate this and pump disinfected water. The first phase of this will probably come in less but we would then be able to hold some of our other funds in escrow towards the second phase, but we've got to put $144,000 into construction right away and we1ve got to have something that will spend $14,400 on a minority owned business. Councilwoman Webber said that Mr. Fernandez had originally stated that the $315,000 that we do have right now that we would start building something constructive but she heard nothing about this extra tank. 6 (.) Q Mr. Fernandez said that the tank was part of the original set of plans Councilwoman Webber asked what the purpose of this well was? Mr. Fernandez said the clear well is a 100,000 tank. A structure approximately 30 x 30 and 15 ft. deep, made out of reinforced concrete to hold water. Councilwoman Webber said that in the event that we did not get money from FHA we would still be in the same mess we're in now, all we've got is chlorinated water. What we need is better water. Mr. Fernandez said there was not enough money - a spiractor and softener installed is about $120,000 and by the time we get in sufficient equipment to control that system so that we can have a reasonable control over the water, all the estimates he has received take us over the money we have on hand, and makes it extremely difficult to abide by the minority business portion of the criteria. Councilman Sikes said that it was his understanding that the only reason that we are breaking it down to this particular area is because of the fact that we will,in order to receive the EDA grant,go ahead and contract out up to a certain phase knowing that the FHA loan will not be available for at least 6 months but in the overall plan we have been more or less assured that if we go this far there will be no problems in getting the $300,000 loan at a 5% rate. The overall plan calls for upgrading our water but the purpose of breaking it down is so that we might be able to go ahead and go out on contract and hopefully still have some monies left over from the money on hand plus the grant so we can into the second phase - is that right? Mr. Fernandez apologized for misleading Mrs. Webber, but when we went back and reviewed all the costs the least amount of money that we could possibly have and still have a working softening type treatment plant was on the order of $430,000. There is no way that the City could get that amount of money so that a phase one construction could be approved. On that basis, Mr. Dietz and Mr. Fernandez felt this was the only method for a clearcut phase one, phase two and we're in a position now where all the equipment suppliers feel they can hold their bids if we take bids on November 1st or 2nd.. They can hold their bids the required extra 180 days for us to complete the bond validation. The way it is set up now we've got the first bids to remain open 60 days and the second phase bids would remain open 180 days. If the City can find $430,000 to $450,000 for the first phase we would be delighted to revise the phase and put in softening and filtration unit in the first phase. Councilwoman Webber said that Mr. Fernandez had stated that we could build it without the softener, that we could use the money we had and then you said we would (the tape is not clear at this part)"1 was going along with the $150,000 but I wasn't going along with the $300,000. Now you tell me all you are going to do with the money we have is just put in another system equal to the one we have now, which is terrible. and I can't see waiting for money that we have no guarantee we are going to get. 11 Councilman Dietz stated that the outset of this whole thing started about 4 years ago when the City of Edgewater ran out of water. We ran out of water again this year so primarily the number one priority was to supply enough water to the City of Edgewater and the second priority was to make it more palatable and that is what we're aiming to do. We are in a bind for the simple reason that the Federal Government is going to give us $144,000 with the stipulation that we start construction by December the first. We don't have enough money to put the spiractors and filters in and the storage tank in and you have to have the storage tank because you can't pump straight out of the spiractors and filters. Councilwoman Webber said that we would have enough money for the spiractors and filters at least we could get some treatment. She did not like the way the plan had been changed and felt it put us right back where we started. Councilman Dietz said we had to have a plan in order to go out for bids and be approved by the Federal government, the EDA. A letter had been written explaining the funding we had and the funding we anticipated and thats the way the loan has been set up. We can't change it. It has to be bid by November the second or we will lose the $144,000. Councilwoman Webber said she could not see where this new plan was constructive. 7 u u Mayor Armstrong said we are talking about water modification about the buildings weill have, the pumps and collectors These are the preliminaries to a final completion of a water system after the filtering and softening systems have been added to them at a later date, which would be contingent upon our ability to acquire the $300,000 that an application has been made for. It is set up now on a point of fact that we going to have to advertise by Oct 3rd., and not before the 17 to comply with law. and come back for a final by Nov. 2 to get the job going in order to comply for the EDA $144,000. (This part of the tape was not clear). Councilman Sikes asked if we had to approve this in November to start work in December. Tape 4 Councilman Dietz said that gave time to look over the bids and justify them. We have to go this route. This is the primary construction part of this whole system. He further stated that if Mrs. Webber did not want to build the water plant then we had better give the money back because there has been a lot of work done on this. Councilwoman Webber said that she wanted the water plant but we should deal with the money that we have. She went along with the $150,000 that we were told was needed to pay for it, not the $300,000 that we finally did get, but she wants something constructive done, in the beginning to make sure (the tape ran out here) Counciman Dietz said something about taking advice Councilwoman Webber said this was the first she had heard of this new plan and that it seems we are going back to exactly the same thing we have now. There is no improvement. Councilman Dietz said that he wanted to refer back to Mrs. Blackwell and ask her when they attended the meeting in Deland to find out how we had to do this. Mrs. Blackwell said it was last Wednesday. Mrs. Webber said that had nothing to do with this whole thing. She wanted to know if the government had told them all they could do was put in a chlorinating system not a spiracto~ Councilman Dietz said that we had to put the water plant in in phases step one and step two. Councilwoman Webber said jf we used the plan we had before we would have these things, we would have some progress. Councilman Dietz said the plant had to be built in such a way that it would be acceptable to receiving the spiractors and the filters without a major change in what we are going to build. Councilman Sikes said that we had been assured that there is no problems on our getting a $300,000 loan and we are hopeful with that loan that weill have a plant that will be able to produce a million and 200,000 gallons a day and that it will be drinkable water and people will be able to use their dishwashers and washing machines with finding scale in the strainer. If we donlt do it 11m going to turn in a bill for a bunch of appliances. Councilwoman Webber asked Mr. Fernandez how long the plant would take for its completion. Mr. Fernandez said approximately 365 days . Councilman Dietz said it would take a year to build the plant anyway and they were not anticipating any stops. Mr. Fernandez said that cost was the reason for the change in plans. We could put in filters without the softening but filters would make very little difference in the quality of the water. The cost of the capital equipment is so intensive that we couldn1t come out with sufficient funding through the minority businesses and the first phase was more money than was available. We didnlt want to give only half a treatment plant so it is necessary to build it in phases. Councilman Sikes asked if there was anyway some type of pesticides could be put in the water? Mr. Fernandez said potentially that could be accomplished in any water system. - 8 - u o p Councilman Dietz said it was up to the Council to instruct the engineers to either go out for bids or not go out for bids. Councilman Shell said we should go ahead with it. (There were too many voices on the tape at this point) Councilman Shell said that he makes the motion. Councilman Dietz said he seconded it. Mayor Armstrong said the motion had been made and seconded that the engineers be authorized to advertise for bids. There was discussion from the audience. Upon roll call the motion CARRIED 3-2. Councilwoman Webber and Mayor Armstrong voted NO. Councilman Dietz requested that Mr. Fernandez be given Invoice No.77-337 so that he could get a full break down on the bill. Councilman Sikes said that he had received a call from a heavy equipment operator inquiring if the City would be interested in buying some equipment. Councilman Shell said that it was a truck that would hold about 15 yards, 24,000 miles on it all new tires. A 64 International Harvester Load Star. for $6,000.00. Councilman Shell said it would replace the 3 trucks we had. We're paying 3 men to drive 3 trucks, this truck would haul what those three trucks haul. There was more audience discussion. Councilman Sikes suggested that Mayor Armstrong and Councilman Shell should check into this matter more because it was a good buy. and we should table this till a later date. He also sugggested that Mayor Armstrong and Councilman Shell go and look at the truck to determine if it is a good buy. Councilman Shell made a motion to adjourn. The motion was seconded by Councilman Dietz. Said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell Nancy Blazi $ ATTEST: Councilman .~~ 0'~ Councilman ~ c~~ ~fJ~LdI ity Clerk Approved thi s J~ October, 1977 J3~~ z ~.....--az.e-- '- Ma or ~2- ~ day of 9 " if MEMORANDUM OF VOTtHG CONFLICT --- DAI..../ON WHICH VOTE OCCURRED: SEPT. 26, , 19~ FORM 4 PART A Name: t)~~li~a ARMSTRONG DANA 'P. (LAST) (FIRST> (MIDDLE) Telephone: 1'428-6109 (A/C) (NUMBER) 125 CHEE'r_d_ DR. (STREET) EDGE1/IATER, FL.^.. (CITY) 32032 VOLUSIA (ZIP CODE) Address: (COUNTY) PART B Agency is a unit of [check one]: ( ) State of Florida; (X) County, City or other Political Subdivision; Name of Agency: .-CITY OF EDGEWATER Position held in Agency: MAYOR PART C MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by ~ 112.3143, F.S., 1975] If you have voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest below. 1. Description of the matter upon which you voted in your official capacity: ~ --0~1Y COUNCIL VOTED TO EXTEND STREET (CANAL ~~ONNF.r.~JNG 'PO OAK liIDGE DR. THE VOTE WAS 4 to 1 MAYOR'~STRONG VOTING NO 1t.'O AYOID ANY POSSI~ CONFLICT OF INTEREST, ..^..tUqsTRONC WILL DONATE MOST OF THE PROPERTY R/W. THE STREgT ~ORDF;RS ON HIS PROPERTY. 2. Description of the personal, private, or professional interest you have in the above matter which inures to you special private gain or .the special private gain of any principal by whom you are retained: EGRESS TO OAKE RIDGE DR. BY PUBLIC RD. 3. Person or principal to whom the special gain described above will inure: a. ( ) Yourself b. ( ) Principal by whom you are retained: NONE (NAME) PART D FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meet- ing minutes. This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict of interest arises; whether you abstain or not, however, the con- flict must be disclosed pursuant to the requirements described above. PART E ~ 1~ /7:77 DATE SIGNED NOTICE: UNDER PROVISIONS OF SECTION 112.317, FLORIDA STATUTES, 1975, I. FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUS- PENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. CE FORM 4 - EFF". .0/./75