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07-05-1977 - Special . o u CITY COUNCIL OF THE CITY OF EDGEWATER SPECIAL MEETING HELD July 5, 1977 Mayor Armstrong called the special meeting of the City Council of the City of Edgewater, Florida, to order, Tuesday, July 5, 1977 at 7:30 P.M. ROLL CALL: Mayor Dana T. Armstrong Councilwoman Ryta F. Webber Councilman Henry C. Riggs Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney Judson Woods City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Excused Present Present Present Present Present Mayor Armstrong explained that this is a special meeting, since Attorney Gillespie, when City Attorney, directed the Council that if there is no meeting, then there shall be no recessed meeting. Monday night there was no meeting, therefore this special meeting was called for the purpose of conducting the business at hand on the agenda for June 27,1977. INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES: Councilman Sikes made a motion to approve the minutes of the meeting held June 6, 1977, being seconded by Councilman Dietz. BILLS AND ACCOUNTS: The City Clerk explained that these bills are from the previous two weeks during which no meetings were held. She read the two lists of bills. Councilman Dietz made a motion to pay the General Fund bills listed June 20, being seconded by Councilwoman Webber. Chief Baugh answered several questions about the Police Department bills. Upon roll call vote, said motion CARRIED, 4-0. The City Clerk read the list of bills in the Water and Wastewater account. Councilman Dietz answered several questions about these bills. Councilman Dietz made a motion to pay the bills, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 3-1. Mayor Armstrong voting NO. o o The City Clerk read the list of bills in the General Fund account for the meeting June 27. Councilman Dietz made a motion to pay the bills, being seconded by Councilwoman Webber. There were several questions asked about these bills, and the City Clerk read from the bills what they were. Upon roll call vote on the motion, said motion CARRIED, 4-0. The City Clerk read the list of bills in the Water and Wastewater account. Councilman Dietz made a motion to pay these bills, being seconded by Council- man Sikes. The City Clerk answered some questions about these bills. Upon roll call vote on the motion, said motion CARRIED, 3-1. Mayor Armstrong voting NO. COMMUNICATIONS: The City Clerk read a letter from Councilman Riggs resigning from the Council. Councilman Dietz made a motion that we accept this resignation with regret, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0. The City Clerk read a letter from Attorney Woods in regard to the Cameron Property on South Riverside Drive. He advised that the Council instruct Mr. Cameron that he should apply to the Board of Adjustments for a variance. For the Council to act in any other manner would not be legal. Mayor Armstrong explained that Mr. Cameron has applied to the board, and they will have a Public Hearing on this. The City Clerk read a letter from Attorney Woods in regard to the Warranty Deed from Cole and Davis to Cloer in relation to the problem of the ingress and egress. His opinion being that it would not be proper for the City to get involved. Mayor Armstrong stated that he asked the City Attorney to look into this, and to let them know that this is their problem. They have been sent a copy of the attorney's letter. The City Clerk stated that the next is a carbon copy of a letter from Briley, Wild to the Meridith Corporation informing them that the City made formal award of the contract for the Water Supply Well and Water Main in accordance with their base bid of May 10. They submitted six copies of the contract for them to sign and return. Councilman Dietz stated that we all received a letter from Mr. Bostwick of the Department of Environmental Regulations in regard to their being some problem of the distance from the well and the surrounding property. Also that in his letter it is mentioned about the feasibility of obtaining water from the City of New Smyrna Beach. He feels that the Council should be well aware of exactly what is on everybody's mind. f Tape 1B The City Clerk read a letter from Briley, Wild to Mr. Dietz in regard to sound pollution and any Ordinances or manuals relative to such that the City has adopted. Councilman Dietz stated that we should take this as a full warning of what is coming up. This is another rule and regulation that the E.P.A. and the D.E.R. is going to pass on to be forced upon the Cities. Mayor Armstrong stated that this is under the County's supervision, all we can do is update what they have. -2- o Q Councilman Dietz made a motion that we have the attorney investigate this and give a report to the Council of his findings and how it effects us, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0. The City Clerk stated that the next item are the bills from Briley, Wild. Councilman Dietz made a motion that this be tabled until we have time to study them further. Mayor Armstrong asked for any objections. There being none, the City Clerk was asked to continue with the communications. The City Clerk read a letter from the Board of Adjustments members in regard to Mrs. Nichols' resigning from the board, stating that they regret the loss of her services, but respect her reasons for leaving. The City Clerk stated that next we have a memo from Mr. Dietz in regard to an appointment to the Board of Adjustments. Councilman Dietz interrupted, stating that this lady has had to withdraw her name because of illness and she has had to leave town. The City Clerk read a letter from Mrs. Grace Secki, stating that she would like to serve on the Zoning Board. She listed her qualifications. Councilwoman Webber stated that she contacted Mrs. Secki last year about the board. Councilman Sikes stated that he is familar with Mr. and Mrs. Secki, and he feels that she is very capable. Councilman Sikes made a motion that we prepare the necessary to appoint her to the Zoning Board, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0. The City Clerk read a note from Connie Kinsey, Billing Clerk, stating that the tenth and final rebate check was paid this date on the Silver Ridge Sewer System agreement. Date being June 23rd. Mayor Armstrong stated that he asked Connie to do this because we have no Satisfaction of Mortgage to be filed, we just have a contract agreement. He explained that he asked that this statement be written up so that it could be read into the minutes of this meeting. The City Clerk read a letter to the Council, and to Don Travis, Chairman of the Board of Governors, from Mr. Kenneth Sanborn resigning from the Board of Governors, due to conflict of interest. Councilman Dietz stated that he makes a motion that we accept this resignation with regret, being seconded by Councilwoman Webber. Upon roll call vote sai motion CARRIED, 4-0. The City Clerk read a letter to Joseph Benedict from Marilyn Lindley, Chairman of the Transportation Committee, urging that the County Council consider additional ambulance service to Southeast Volusia County, and asking that the City Councils within Southeast Volusia support this request. Mayor Armstrong asked if the Council wants to go on record as endorcing this and that we notify Joe Benedict accordingly? Councilwoman Webber stated that she has been invited to attend the meeting tonight at the County Council, and she would like some direction from our Council on this matter. -3- o o Councilman Dietz made a motion that theCity Council authorize Mrs. Webber to represent the City of Edgewater and that we endorce this letter and go along with it whole heartedly, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 4-0. Mayor Armstrong spoke on this, and there was further discussion about the increase in the contract amount for Beacon Ambulance. Mr. Christy stated that the City could own their own ambulance service, and it would save them money in the long run. Tape 2A There was more discussion about this. The City Clerk read a letter from Mr. Burnett from Teleprompter stating that he will be submitting a proposed amendment to the cable franchise ordinance to Attorney Woods. There was no action necessary. AUDIENCE MISCELLANEOUS: Mayor Armstrong stated that Mr. Daniel Nolan has indicated an interest in the possibility of becoming a candidate for the Council seat in Zone 2. He introduced Mr. Nolan. RESOLUTIONS: RES. NO. 723 A RESOLUTION APPOINTING NEIL ASTINE TO THE EDGEWATER BOARD OF ADJUSTMENTS APPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read the Resolution in full. Councilwoman Webber made the motion to adopt the Resolution, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 3-1. Mayor Armstrong voting NO. 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 ANNEXA - TION SHALL BE SUBJECT TO APPROVAL BY THE VOLUSIA COUNTY COUNCIL, PROVIDING FOR PUBLICATION OF THIS ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE. Attorney Woods stated that this Ordinance does have to be published four times in the newspaper and it also has to be approved by the County Council. He also asked that he be excused from reading the entire Ordinance, since the legal description is a couple of pages long itself. Attorney Woods read the Ordinance, with the exception of the legal description, which is attached thereto. Councilman Dietz made a motion to adopt the first reading of this Ordinance, being seconded by Councilwoman Webber. There were some questions answered at this time. Upon roll call vote said motion CARRIED, 4-0, -4- o o There was a five minute recess called at this time. OLD BUSINESS: The City Clerk read the certification of the bids received on the equipment items that were advertised on June 12, 1977. The City Clerk read the bids to the Council and audience. There was discussion among the Council about the bids. It was decided that the bid from Gerson & Sons Salvage is the best bid. Tape 2B Councilman Sikes made a motion that we accept the bid from Gerson & Sons in purchasing the equipment as advertised for sale, being seconded by Council- man Dietz. Upon roll call vote said motion CARRIED, 4-0. Mayor Armstrong began the discussion about the purchasing ordinance. He does not feel that the Council should take action on this at this time, however we should consider all provisions of this document. Councilman Dietz stated that he feels that this is the best piece of legis- lation that has ever come out of a City Attorney and he should be commended on it. It is a good Ordinance. Mayor Armstrong stated that he has looked it over and he thinks it will over- come a lot of our problems. Councilman Dietz stated that he thinks this should be drafted and put in for the Council's next meeting. There was some discussion on the contents of this ordinance. Councilman Sikes made a motion that we instruct our attorney to draw up this ordinance for discussion at our next meeting,being seconded by Councilwoman Webber. There were some questions answered in regard to this matter. Upon roll call vote on the motion, said motion CARRIED, 4-0. Mayor Armstrong stated that the next item is discussion about the Mayor's office and a new board room. Councilman Sikes stated that he still feels that the Mayor should have a private office and there should be a solid wall between the rooms and not sliding doors. Councilwoman Webber voiced her opinion that there should be sliding doors put in so that in the event a board can not meet in another place because of the crowd, the sliding doors could be opened and they would have the large room. Councilman Dietz stated that his objection to the sliding doors is that they do not screen out noise. If there happens to be two meetings going on at the same time there could be a conflict. We also need the walls for maps. Councilman Sikes made a motion that we go the solid wall part of the plan and that we award the bid to John G. Bevel for $735, being seconded by Councilman Dietz who added that the wall between the rooms should be insulated. Councilwoman Webber stated that the Planning Board has asked that they may have a filing of their own. Upon roll call vote on the motion, said motion CARRIED, 4-0. Mayor Armstrong stated that he has an item that is not on the agenda. One unit of the air conditioning in the Community Center is out, the cost of repairs as he has been informed will be almost equal to the replacement. He assumes that we should acquire bids or quotes for service and parts to make operable this piece of equipment that we have. This is going to have to be done. He ex- plained that he is going to be out of town for a few days, but this matter has to be taken care of. -5- o o Councilman Sikes asked if we want to go out for bids for new ones or the repair, and at the same time include the ones in the Library? Mayor Armstrong stated that if we have to go out for bids on this, we have to go out for bids on it. Councilman Dietz stated that there is a gentleman present who is in the air conditioning business. This gentleman spoke to the Council about the air conditioning.(The tape was very unclear and it is hard to type exactly what was said) Mayor Armstrong thanked the man and stated that this is going to be left up to the Vice Mayor and the City Clerk to look into. Tape 3A Discussion began about the easement to the Lift Station. Mayor Armstrong stated that he wants the City to come up with some kind of an idea of what they could put as a permanent road from Canal Drive to Oakridge. There was discussion about there being a problem if this is raised, what will it do with the water table. We may flood out the people to the West who are on lower land now. There was discussion about the drainage. Councilman Dietz asked Mayor Armstrong why he doesn't make a counter proposal to the City as to what he wants and expects. Attorney Woods stated that he believes the Mayor may want to look over some proposals and perhaps his attorney may want to look them over. Mayor Armstrong stated that we will just have to keep on proposing until we get to something that we can make permanent and that everybody can be happy with and live with from now on. Councilman Dietz stated that since the Mayor is leaving tomorrow, he would like permission to go in there in case while he is gone something happens at the station. Mayor Armstrong stated that the letter of consent that was signed a few days ago will remain in effect until revoked. There was more discussion as to what can be done to alleviate this. Councilman Sikes asked what we are going to do about the pipe that we got from Maule. Attorney Woods explained that they do not want this pipe back. Councilman Sikes stated that we should authorize the City Clerk to prepare a letter accepting at no charge to the City the pipe and then if she has to sign anything, then Attorney Woods can advise her. This was mutually agreed upon. Councilman Sikes made a motion to excuse Mayor Armstrong from next week1s meeting in case he does not get back, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 4-0. ADJOURNMENT: Councilman Dietz made a motion to adjourn, being seconded by Councilman Sikes. Said motion CARRIED. -6- Q u MINUTES TAKEN BY: Sue Blackwell Debbie Sigler J? ~Y-~4#Y~ 1/."...<::- Ma or ' ~ ~, . ~d& Cou i~o2: Ccu! r- ~ ATTEST: fi,ku ~ ity Clerk ~ Approved thi s ~ day of July, 1977. !p~ya~~~+ Ma or -- (--\ -7 -