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08-29-1977 - Regular Q u CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD August 29, 1977 Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater, Florida to order Monday, August 29, 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 Sikes made a motion to adopt the minutes of the meeting held August 15,1977, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 5-0. Councilman Sikes made a motion to adopt the minutes of the meeting held August 22,1977, being seconded by Councilman Shell. Upon roll call vote said motion CARRIED, 4-1. Councilwoman Webber voting NO. BILLS AND ACCOUNTS: Mayor Armstrong read the total of the bills in the General Fund account. Councilman Dietz made a motion to pay these bills, being seconded by Councilman Shell. The bill from J.E. Tumblin was discussed and it was agreed that this bill should be charged to Water and Sewer. Upon roll call vote said motion CARRIED, 5-0. Mayor Armstrong read the total of the bills in the Water and Wastewater account, stating that the insurance bill should be added to this total. Councilman Dietz made a motion to pay these bills, being seconded by Councilwoman Webber. Councilman Dietz stated that he wants to know all about the Briley, Wild bills. The City Clerk went over the description of this bill. Councilwoman Webber stated that she thinks these bills should be held until we can study them a little more. Councilman Dietz agreed with her. The previous motion and second were withdrawn. Q Q Councilman Dietz made a motion that we pay these bills, with the exception of the Briley, Wild and Associates bill and that it be tabled until our next regular meeting and that the Council is to get copies of those bills for study, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. Mayor Armstrong read the total of the bills in the Water and Wastewater Capital Improvements fund. Councilman Dietz made a motion to pay these bills, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 4-1. Mayor Armstrong voting NO. COMMUNICATIONS: The City Clerk read a letter from the Florida Department of Transportation in regard to Parking Prohibition. The letter explained that Mrs. Kathleen N. Metz has asked that the parking spaces on the highway in front of the Savings and Loan and her house be removed. Councilman Dietz made a motion that this be referred to the Chief of Police for his recommendation to the Council, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. The City Clerk read a letter from the Friends of the Library requesting $250 for the Folk Art Festivals. Councilwoman Webber stated that she feels that this is money well spent, and she made a motion that we grant the request, being seconded by Councilman Shell. There was discussion about what account this would come out of. It was suggested that it come from Special Promotions. Councilman Sikes stated that he feels that the Council should make it a matter of record so that the City Hall employees would know what account to charge such requests against and we won't have any problems in the future like we have had in the past. Councilman Dietz stated that he thinks we should go ahead and pay this to come out of this year's budget. The Council members looked over the budget figures, and reports. It was agreed that this is to come out of Account #107. Upon roll call vote said motion CARRIED, 5-0. The City Clerk read a letter from Debbie Sigler in regard to a leave of absence effective September 29th. Councilman Dietz questioned the law on this in regard to hiring a replacement and then having to perhaps let them go. Councilman Sikes explained that the Equal Opportunity Act states that we must hold her job open for ninety days, however our Merit Ordinance states that she is entitled to a year's leave of absence, however it does not guarantee her the same job. The City Clerk stated that this is correct, but if she was to come back she will not lose any seniority. She went on to explain-that it is understood that no benefits are to be received during the year's leave, but if she returns she would not have lost any seniority. Councilwoman Webber stated that she spoke with Debbie and she understands that if she returns it would not be to the same job that she has now since she will have to be replaced. -2- I . o o Councilman Sikes made a motion that we grant Mrs. Sigler a year's leave of absence as of September 29th, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 5-0. The City Clerk read a letter from Attorney Charles A. Hall representing Mr. and Mrs. Fico, owners of the Tommy's Lounge. This is requesting that the City Council amend their present ordinance, allowing bars and lounges in Edgewater to stay open until 4:00 A.M. every day except Sunday. Mayor Armstrong stated that whatever we decide on this it will have to be City wide. There was some discussion with the City Attorney about this. Councilman Sikes pointed out that this request states that it is so that the Edgewater bars can compete with the New Smyrna bars, and the New Smyrna bars have just recently been allowed to stay open until 2:00, this would be asking for two hours more than theirs. Mrs. Fico spoke to the Council about this request. Mayor Armstrong asked the Chief of Police if there has been any problem with the late hour now. Chief Baugh stated that the only problem that has existed is in the parking lot right after closing hours, but any time there has been a problem Mr. and Mrs. Fico have taken care of it. Councilman Dietz made a motion that we table this until our next meeting and give the attorney a chance to investigate as to the County and State laws pertaining to this and give the Council time to seek out what they want to do, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. Mayor Armstrong explained to Mrs. Fico that our next regular meeting will fall on the 12th because of next Monday being Labor Day. The City Clerk read a letter from the P.B.A. President, B. J. Murphy in regard to negotiating a labor agreement with the City of Edgewater. Mayor Armstrong stated that now we can set a date to sit down and negotiate. There was discussion about when this should be. It was suggested that the Council be supplied with a copy of their demands so that they can have time to look them over and have their changes in mind, and that the Council will meet with P.B.A. on the 21st of September. Councilman Dietz made a motion that the members of P.B.A. will get their demands to the Council and we will meet with them on September 21, at 7:00 P.M. in the Mayors office, and this will be a private meeting, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. AUDIENCE MISCELLANEOUS: None RESOLUTIONS: None -3- , . ~ ~ Q u ORDINANCES: Attorney Woods explained that we have the second reading of four Ordinances. ORD. NO. 982 AN ORDINANCE REZONING CERTAIN REAL PROPERTY LOCATED IN THE CITY OF EDGEWATER, FLORIDA, FROM ITS PRESENT ZONING CLASSIFICATION OF MOBILE HOME 1-1, LIGHT INDUSTRIAL DISTRICT, REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read this Ordinance by ~itle only. Councilman Dietz made, a motion to adopt this Ordinance, being seconded by Councilman Shell. Upon roll call vote said motion CARRIED, 5-0. ORD. NO. 983 AN ORDINANCE REZONING CERTAIN REAL PROPERTY LOCATED IN THE CITY OF EDGEWATER, FLORIDA, FROM ITS PRESENT ZONING CLASSIFICATION OF AGRICULTURE TO 1-1, LIGHT INDUSTRIAL DISTRICT, REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read this 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, 5-0. ORD. NO. 984 AN ORDINANCE AMENDING SECTION 5 OF ORDINANCE 896 OF THE CITY OF EDGEWATER, FLORIDA PROVIDING FOR AN INCREASE IN THE WATER SERVICE CHARGES, REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EF- FECTIVE DATE. Attorney Woods read this Ordinance by title only. Councilman Dietz made a motion to adopt this Ordinance, being seconded by Councilman Sikes. Upon roll call ~te said motion CARRIED, 4-1. There was some discussion about this being done in order to get a loan. It was explained to the audience that we did not get the loan that we had requested before because our rates are too low. Mayor Armstrong explained that the application was signed. Councilman Dietz explained that we were told that they did not see any reason why the loan shouldn1t go through. Mayor Armstrong asked if there were any further questions. There being none, he asked Councilman Dietz if he could tell him where he found this lot of money that we did not know that we had in the Water and Sewer Department. He said that it was stated at a public meeting that we have found a lot of money that we didn't know we had, so much that we can give the City $25,000 to put in the General Fund budget. Councilman Dietz stated that this is money that has always been in a fund that was never appropriated. This is money that the City has always operated on the fact that they had to have surpluses, and over the last two years this money has accumulated. The auditors have brought us up to date now, and we have a Capital Inventory plan that we work on. When we checked this out the monies that have accumulated over the past year, which we didn't have to pay on Farmers Home and the monies that were paid out of Federal Revenue for engineering fees which was appropriated at the time, we had accumulated $60,000 more in monies that went back into Federal Revenue Funds which we didn't have to take out of our Capital Improvement Funds to pay for different things. This gave us a surplus of accu- mulated funds. Mrs. Blackwell has done such a good job of investing these -4- , o o capital monies that we had and the accumulation of the interest brought our Capital Improvement up to $84,000. This is where we took the $25,000 from. This is legal, it was checked with the auditors. Mayor Armstrong asked for the roll call, which carried 4-1. ORD. NO. 985 AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE 878 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA PERTAINING TO TAP FEES IN THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read this Ordinance by title only. Councilman Dietz made a motion to adopt the Ordinance, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. OLD BUSINESS: Councilman Dietz stated that we discussed changing the Building Inspector1s fees at a budget meeting. We should change it from 65% to 50% to cover the office expenses, printing and such as that. Councilman Dietz made a motion that we instruct our attorney to draw up a new contract to be ready for the Mayorls signature and the Building Official IS signature for the October 1st deadline to go in effect then, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. NEW BUSINESS : Attorney Woods spoke to the Council about increasing the millage. He read from the law about this, explaining the requirements for advertising and holding meetings in regard to this. Councilman Sikes stated that he thought we had already decided that we can go along without changing the millage. Mayor Armstrong stated that about a year ago we put a high priority on a project on the drainage canal on Hill Street and Bradford Street. The Street Department has completed this, we have no way of knowing how much fill has been used, but the items that we do know about comes to $2,711.43. The rightful owner who did not do what he was suppose to have done is Mr. Abe Sindler. He knew full well that this was to be taken care of. He would like for the Council to concur with the billing of this before he sends it to Mr. Sindler. Councilman Sikes made a motion that we turn this bill for $2,711.43 for the improvements on Hill Street~& Bradford Street to our attorney for collection, and if not collected to take action against Mr. Sindler, being seconded by Councilwoman Webber. Upon roll call vote on the previous motion, said motion CARRIED, 5-0. Mayor Armstrong stated that the next item listed is Water Department to pay for service from City. The City Clerk stated that we talked about this the other night. She explained that the Water Department can not just say that they are going to give us the money, but we do quite a few things for them that the City can bill them for. Councilman Dietz stated that this is going to mess things up; we should do it the way May, Zima recommended and that is to declare that $25,000 a surplus and transfer it over to General Government, which is legal. -5- o o The City Clerk reminded the Council that we should get started working on the Federal Revenue Sharing Funds. Councilman Dietz stated that he wants to remind the Council that we talked about this quite some time ago and this is the $58,000 for 1977-78 and we decided 'that we were going to use that for the building of a new Water Plant, that is some of the matching monies for the balance of the F.H.A. monies and the $700,000, and the E.D.A. Grant plus the $15,000 unappropriated monies that we have. The City Clerk explained that it will take about two months to handle this, once we start get. Councilman Dietz made a motion that we instruct the City Clerk to proceed with the advertisements to notify the public on the first Public Hearing on the appropriation of the Federal Revenue monies for 1977-78, being seconded by Councilman Sikes, Upon roll call vote said motion CARRIED, 5-0. Councilman Dietz stated that we are going to have to advertise for a Public Hearing for readjusting and balancing this years budget. Mayor Armstrong stated that we don't' have to have a Public Hearing on this, we will have to have an Ordinance on it. He explained that we can not do it until we get all of our bills paid for this month and so on. Councilman Dietz made a motion that we instruct the attorney to work with the City Clerk as per her instruction as to when the figures will be ready for the Ordinance of the readjustment of the 1976 budget, to be read on the 19th of September, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. Councilman Dietz stated that approximately ninety days ago letters were sent out notifying people that the water lines had been laid in front of their homes and by Ordinance it is necessary for them to hook up to the City water system. We have only had six out of seventeen who have hooked up. It is time that this be turned over to the attorney for proper action. He did add that we could make terms with some of the people who can not pay the whole amount at one time. Tape 2B Attorney Woods stated that an agreement can be typed up with blanks in it to be filled out for each particular case. Councilman Dietz made a motion that the City Council go on record stating that the people who come under the laws of the Water Department that have to hook up to the water system would be extended the courtesy of amortizing the cost of their hook up over a period of twelve months, but can be paid in any time between one and twelve months and there will be no interest charges, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. It was explained that this fee is going up after the l~t of October Councilman Dietz stated that he thinks it is appropriate at this time to instruct the City Attorney to draw up these necessary contract papers in the blank forms so that Mrs. Kinsey can take care of this and also that he get a list of the names of the people who have not hooked up to the system so that he can send them a notification that the City does intend to take action under the appropriate Ordinance. Attorney Woods stated that he received a notice in the mail of the Third Annual Public Employee Labor Relations Forum to be held September 30 through October 1st. He would like to attend this. The registration fee is $75.00, ~ however he would stay in JacksonvilLat no other expense to the City. Councilman Dietz made a motion that we authorize the City Attorney to attend that meeting and that the. City pay his registration fee, being seconded by Councilman Shell. Upon roll call vote said motion CARRIED, 5-0. -6- o o Councilman Dietz made a motion to excuse Councilman Shell from the meeting of September 12th, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. Mayor Armstrong read the announcements about the upcoming election: Petitions go out for election on September 9, 1977. Petitions must be returned on September 29, 1977 Last day to register for Primary Election is September 10, 1977 Last day to register for General Election is September 24, 1977 Councilwoman Webber stated that she would like to speak to the Council about the tennis courts. She asked the Chief to speak to the Council. Chief Baugh explained that tonight he noticed that they were playing Jai Alai He would like to get it added to the rules over there, racket ball and tennis court only. He said that there should be no skate boarding over there either. Thi s was agreed on and the Counci 1 asked the Chi ef to go .ahead and take care of this. The City Clerk stated that she needs the Council IS approval to get another notary since Betty is leaving and she is a notary. She thought she would get Susan one because she is out front and waits on the window. Councilman Sikes made a motion that we authorize the expenditure to secure the notary bond for Susan Wadsworth, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 5-0. ADJOURNMENT: Councilman Dietz made a motion that we adjourn until September 12th at 7:00 P.M., being seconded by Councilman Sikes. Said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler iT: ~ ku ~Ld1 ity Cl erk <::tv) Approved thi s I Lday ,/ September, 1977. ~ . J;~~---;;O~~ ~or . -7 - ~ -5:1-- ~.