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08-08-1977 - Regular ,\ . o Q CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD August 8, 1977 Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater, Florida, to order, Monday, August 8, 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 Excused Present Present I NVOCA TI ON SALUTE TO FLAG APPROVAL OF MINUTES Councilman Dietz made a motion to approve the minutes of the meeting held July 20, 1977, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. Councilwoman Webber made a motion to approve the minutes of the meeting held July 25, 1977, being seconded by Councilman Shell. Upon roll call vote said motion CARRIED, 5-0. 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 Council- woman Webber. Upon roll call vote said motion CARRIED, 5-0. Mayor Armstrong read the total of the bills in the Federal Revenue account. Councilman Dietz made a motion to pay these bills, being seconded by Council- man Sikes. Councilman Dietz stated that he does not have a question on the bills, but whoever is in charge of paving these streets must be informed that no more streets are to be capped or worked on until they notify the Water Department. The manholes have to be raised before the paving can be done. Upon roll call vote on the motion to pay the Federal Revenue bills, said motion CARRIED, 5-0. Mayor Armstrong read the total of the bills in the Water and Wastewater account. Councilman Dietz made a motion to pay these bills, being seconded by Councilman She 11 . " Q o Upon roll call vote on the motion to pay the bills, said motion CARRIED, 5-0. COMMUNICATIONS: The City Clerk read a letter from Mr. Woods to Mr. Vodenicker with reference to the computer contract, recommending that the contract be approved with the additional arbitration clause added. The City Clerk read the clause. There was some discussion with Mr. Vodenicker about the license. Mayor Armstrong stated that the attorney has approved the contract and asked for the Council's pleasure. Councilman Dietz stated that we have talked about this for almost a year, and he made a motion that we authorize the signing of the con- tract with the May, Zima Company for management services in a com- puter installation, providing that the City Clerk can certify that the funds are available and have been appropriated for this service, being seconded by Councilman Sikes. There were some questions from the audience, which the Mayor and the Council members answered. There was discussion about the computer replacing employees in City Hall, or causing the City to hire more employees in order to operate the computer. It was explained that we are going to try to keep the staff that we have at the present time. Upon roll call vote on the motion said motion CARRIED, 4-1. Mayor Armstrong voting NO. The City Clerk read a certification of the funds in the amount of $56,000 for the purchase of a computer system. The City Clerk read a letter from Briley, Wild in regard to the cost of analysis of the influent and effluent sewage samples. Councilman Dietz stated that he suggests that we give this to Mr. Kuyk for his recommendation. This was agreed upon. The City Clerk read a letter from the Southeast Volusia Athletic Association in regard to a donation to the organization. Mayor Armstrong spoke on this, explaining that he does not think that they will have any trouble getting sponsers. He added that he does not think that they are asking us for a donation as much as wanting us to announce that they are looking for sponsers. The City Clerk read a letter from Mr. and Mrs. Boyd, owners of the Capitol Coin Laundry asking for information on the new water rates. Councilman Sikes suggested that we send them the information on the proposed rates. The City Clerk read a letter from Stephan A. Kelley, Fraternal Order of Police in regard to acting as the bargaining unit in contract nego- tiations between the Police Department and the City of Edgewater. There was discussion about this. Councilman Sikes stated that the last information we got from the Police Department is that they want the P.B.A. to represent them. He made a motion that we table this matter and turn it over to our attorney when he returns, being seconded by Councilman Shell. Upon roll call vote said motion CARRIED, 5-0. -2- ~ o o AUDIENCE MISCELLANEOUS: Mayor Armstrong introduced Mr. McManamy from the Department of Environmental Regulations, who is here to discuss our Landfill operation with us. Mr. McManamy stated that he flew over the landfill and it looks real good, except there is work needed on the edge. Councilman Sikes asked about the condition in the Order of Consent which states that all residents within one mile of the landfill, that the City take water samples and test them from time to time. Mr. McManamy stated that this is because of the responsibility of contamination of the water system. They are trying to find out about the leachate, and the City would be responsible. Councilman Sikes stated that there was a law pertaining to issuing only permits for deep wells. The houses that are out there are in the County and they are issuing the permits and we don't know if they are for deep wells or not. Mr. McManamy stated that the landfill belongs to the City and the City is responsible for it under the law. He explained how these samples should be taken. He explained that as long as this leachate is not migrating the City will be all right. However if it is migrating, they will have to determine how much. He added that he will talk to Orlando Lab about taking these samples. Mayor Armstrong asked if this will be three well samples on November 1st and their fee will be $200. Mr. McManamy stated that is what he was told. Councilman Dietz stated that if this is true he thinks that the Council would be smart to enter into a contract with them. Tape 2A There was more discussion about this. Mr. McManamy stated that he is not worried about the August 15th deadline, because that work is pretty well done. He also stated that the October 15th date can be juggled around a bit. Councilwoman Webber explained to Mr. McManamy all the hard work that the men are dOing at the landfill. Mr. McManamy stated that if we see that we are going to be running a little late because of some problems, just let him know ahead of time. There was discussion about the water lines that should be put in. Councilman Dietz asked Mr. McManamy to write a letter to the County informing them of what he has told the City. Mayor Armstrong stated that we can tell the County, but the next day they will issue a permit. There was discussion again about r~r. McManamy writing a letter to the City explaining exactly what he wants to have. The City Clerk was instructed to get the information about the company who will do the testing. Councilman Dietz made a motion that we instruct the Mayor to sign the Consent Order to the Department of Environmental Regulations as per the changes made at this meeting, August 8, 1977, being seconded by Councilman Sikes. Mayor Armstrong went over all of the changes so that each member of the Council could mark their copies accordingly. -3- o o Upon roll call vote on the motion, said motion CARRIED, 5-0. Mayor Armstrong and the Council thanked Mr. McManamy. AUDIENCE MISCELLANEOUS, cont. Mayor Armstrong stated that he spoke with Mr. Dunning in regard to a garbage complaint, and he told him to bring it to the Council. Mr. Dunning was given the floor, he explained that his complaint is that the new garbage men fail to pick up his garbage. At first, he dismissed this since it was a new transaction, however it has continued. He added that he understands that he is not the only one complaining about the pick up. He would like an adjustment made in his bill, because he is paying for at least two pick ups that he never received. Mayor Armstrong stated that they have not been by his house two Saturdays in a row, and it is the principle of the thing. We are paying them to pick up the garbage, and they should pick it up. Councilman Dietz stated that we can not be in the garbage business. The reason we went to a private contractor was to save the people money. We would have had to raise the rates to possibly $7.00 a month to retain the same service they were receiving before. We are having problems, but there are ways of complaining, then we have to receive a written reason from the company about this. Councilman Dietz answered some more questions from Mr. Dunning about this. He explained that there is nothing in the contract about an adjusted rate for the missing of a pick up. Mr. Dunning stated that he does not feel that this is quite fair; the City residents are paying for something that they are not really getting. He added again, that when the City was doing this job he never had a complaint. Councilman Sikes explained that a couple of times we received numerous com- plaints from one given area, and we sent our own men out to pick up and we charged the refuse company for this. However now we have no place that we could dump the garbage if we did this. Mayor Armstrong stated that by Charter Law, the City of Edgewater will fur- nish the people a garbage pick up, and how this is taken care of he does not know. However we should not charge the man for it if he doesn't get the service. Councilman Dietz stated that we do have a clause in the contract, but we don't have it with the residents of theCity of Edgewater. The laws state that you will pay water, sewer and garbage rates whether you are here or not. Mayor Armstrong stated again that something should be done about this. Councilman Sikes stated that we could not justify charging the citizens of Edgewater for hauling the garbage, so the thing that we should do is hold these people to their contract. If there is a complaint like this, we should make them go the next day and make the pick up. Mayor Armstrong stated that he feels that a person should be compensated for this if he does not receive the service. There was more discussion with Mr. Dunning about his particular complaint. Mr. Walter Gross complained abou the chlorine in his water. Councilman Dietz explained that they have had to put more chlorine in the water because of the dry spell and having to pump down so far in the wells. This will in no way hurt anyone, and it will improve when the dry spell is over. -4- o o RESOLUTIONS: RES. NO; 729 A RESOLUTION APPOINTING WILLIAM C. NICHOLS TO THE ZONING BOARD OF THE CITY OF EDGEWATER, FLORIDA TO SERVE THE UNEXPIRED TERM OF ROBERT TAYLOR, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. The City Clerk read this Resolution in full. Councilwoman Webber made a motion to adopt the Resolution, being seconded by Councilman Shell. Upon roll call vote said motion CARRIED, 5-0. ORDINANCES: ORD. NO. 980 AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY CONTIGUOUS TO THE CITY OF EDGEWATER INTO THE CITY OF EDGEWATER, REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER, FLORIDA, PROVIDING THAT FINAL APPROVAL OF THIS ANNEX- ATION SHALL BE SUBJECT TO APPROVAL BY THE VOLUSIA COUNTY COUNCIL, PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE. The City Clerk read the second reading of this Ordinance by title only. Mayor Armstrong stated that the County Council approved the annexation act last Thursday. Councilwoman Webber made a motion that we adopt this Ordinance, being seconded by Councilman Dietz. Councilman Dietz asked Mayor Armstrong if he could tell us why Mr. Benedict voted no on this matter at the County Council session? Mayor Armstrong stated that he does not know, he was disappointed in that vote, because Mr. Benedict is our representative. Councilman Dietz stated that this could be why we are having so much trouble with the County Council, and maybe we should look into this. Upon roll call vote on the motion, said motion CARRIED, 5-0. Mayor Armstrong stated to Mr. Hall, that he thinks Mr. Hall should have his engineers meet with the City's Planning Board. Councilman Sikes stated that perhaps since the board is familiar with this they could just reaffirm their previous action. Councilman Dietz stated that we have a problem here because we don't have a subdivision ordinance, but we do have a subdivision law that says that all new subdivisions have to be approved by the engineers. He asked the City Clerk to contact Mr. Kuyk and have him look this over to return his recom- mendation to the Council. Mayor Armstrong informed Mr. Hall that the Zoning and the Planning Boards meet tomorrow night, and he should attend. 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 EFFEC- TIVE DATE. The City Clerk read the first reading of this Ordinance in full. -5- o o Councilman Dietz made a motion to adopt this Ordinance, being seconded by Councilman Sikes. Mr. Fredericks spoke to the Council about the residents having to pay the water, sewer and garbage fees when they are living up north or elsewhere six months or so out of the year. He feels that this is not fair. Councilman Dietz stated that he discussed this with Mr. Cunningham, and presently we can not alter this because of Ordinance No. 400. Mr. Cunning- ham stated that it would be smart if we set down and went over all of our past indebtedness and do like some other Cities are doing now, and bring these things up to date. There will be a recommendation on this at a later date that will take all of this into consideration. Upon roll call vote on the motion, said motion CARRIED, 4-1. Mayor Armstrong voting NO. 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 PROVIDNG AN EFFECTIVE DATE. The City Clerk read the first reading of this Ordinance in full. Councilman Sikes made a motion to adopt this Ordinance, being seconded ~y Councilman Dietz. Upon roll call vote on the motion, said motion CARRIED, 4-1. Mayor Armstrong voting NO. OLD BUSINESS: Mayor Armstrong stated that we need to set a budget workshop, he asked if it is agreeable to have it tomorrow night? It was agreed to hold the work- shop meeting tomorrow night from 6:30 to 8:30 P.M. NEW BUSINESS: The City Clerk stated that it is time to renew notary fees; it will cost $60.00 to renew the notaries of the City Clerk and the Chief. Councilman Dietz made a motion that we authorize the. City Clerk to renew the notary seals for her and the Chief, being seconded by Councilman Shell. Upon roll call vote said motion CARRIED, 5-0. The City Clerk explained that she has an application from a man at 3326 Willow Oak Drive, who is applying for a home occupation. He will be baking meat pies. He has a temporary health permit from the Volusia County Health Department. Councilman Dietz made a motion that we turn this over to the Zoning Board for their recommendation, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. Mayor Armstrong explained that we have hired two new CETA employees who will be going to work this week. At this time there was discussion about putting in the sidewalk in front of City Hall. Councilman Shell stated that the work is underway. Councilwoman Webber stated that they want people put on the board for CETA. She read from a letter in regard to this. Mayor Armstrong stated that this has been advertised in the newspaper for months. Councilman Dietz stated that we should try to find someone by our next meeting. -6- o o Councilwoman Webber stated that she will attend these meetings and if the Council suggests she will offer herself as a person on the board. Mayor Armstrong stated that he does not think that she can serve, because there is a rule that a prime applicant or a secondary applicant would be a conflict of interest sitting on a board. Councilman Dietz said that it doesn't state that, and he made a motion that we let Mrs. Webber try to get herself appointed to that board to represent the City of Edgewater and the County of Volusia, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. Councilwoman Webber stated that last week she refused to qive her o.k. on the bills to Briley, Wild. We have nothing to prove that these people put all of these other people to work, and they send us these exorbidant bills. Other Cities ask for affidavits of proof that these people actually worked and that the bills are accurate. She feels that the City of Edgewater has been very lax in not doing this. She made a motion that we ask Briley, Wild to submit an affidavit with their bills Councilman Dietz stated that he feels that we should look into this some more. What other Cities get affidavits? Mayor Armstrong stated that we have a motion on the floor Councilman Dietz seconded the motion for discussion. Mayor Armstrong stated that it is open for discussion now. Mr. Robert Christy spoke on this matter, agreeing that we don't know that they have done the work that they are billing us for. If they sign an affidavit we can hang them later if we find that they did not do the work. Councilman Dietz stated that we can anyway, because they are licensed by the State of Florida. He added that if we do this for Briley, Wild, we will have to do it with May, Zima and all services that we have. Councilwoman Webber stated that it wouldn't hurt a bit. Mayor Armstrong stated that he disagrees, we have a different kind of contract with Briley, ltlild than we have with anyone else. There was more discussion about this. Councilman Dietz stated that all engineering firms work on a scale set up by the State of Florida. He would suggest if there are any questions as to the validity of their charges, then you should go to their office and have them show you everything. Councilman Sikes added that perhaps we should look into some ways of cutting out what all they are doing, but he sees nothing wrong in their billing. There was more discussion about the affidavits, and whether we should require them. Mayor Armstrong stated that if they are handing us legitimate bills, they shouldn't have any objection to signing an affidavit. There were some comments from the audience about this being a good idea. Tape 3B Councilman Sikes stated that he thinks our attorney should advise us on this. Upon roll call vote on the motion, said motion DIED, 2-3. Mayor Armstrong and Councilwoman Webber voting yes, Councilman Shell, Sikes and Dietz voting no. There was more discussion about the contract that we have with Briley, Wild and that perhaps something can be done with it to make the situation better. -7 - '-, . . o o There was still more discussion and controversy about this matter. Councilwoman Webber spoke to the Council about the e1iminiation of the roadside markets. She stated that these a~e unsightly and there have been several complaints about them. Other Cities have gotten rid of the roadside stands, it is not fair to the other businesses in the City. Mayor Armstrong stated that this should be checked out with the Chief and taken care of. Chief Baugh explained that there is nothing that they can do. He thinks that Orlando has recently passed an Ordinance against the roadside stands. Perhaps we could get a copy of this ordinance and work on it that way. It was agreed that we can get a copy of this ordinance and look into this. MISCELLANEOUS: Mayor Armstrong explained that the loan closing has been set for August 24th. Councilman Dietz stated that he has a problem. He hired a boy today and he has to take his physical, but he does not have the money to pay for it. He asked if there isn't something we can do about paying this and having it come out of their checks so much at a time. It was suggested that the man be sent to Dr. Christiansen. ADJOURNMENT: Councilman Sikes made a motion to recess this meeting until tomorrow at 6:30 P.M., being seconded by Councilman Dietz. Said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler ~ M yor >' , ~~~ ATTEST: ~) BL~ City Clerk ~ Approved this cXa---aay of ~ August, 1977, /J~ y (l?,,?~~ \?. ~ - -8-