06-13-1977 - Regular
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CITY COUNCIL OF THE CITY OF EDGEWATER
REGULAR MEETING HELD
June 13, 1977
Mayor Armstrong called the regular meeting of the City Council of the City
of Edgewater, Florida to order Monday, June 13, 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
Present
Present
Present
Present
Present
INVOCATION
SALUTE TO FLAG
APPROVAL OF MINUTES:
Councilman Sikes made a motion to approve the minutes of the recessed
meeting held May 26,1977, being seconded by Councilman Riggs. 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 the bills, being seconded by Councilman
Sikes. Upon roll call vote said motion CARRIED, 4-0
Mayor Armstrong read the total of the bills in the Water and Sewer account.
Councilman Dietz made a motion to pay the bills, being seconded by Councilman
Sikes. Upon roll call vote said motion CARRIED, 4-0.
Mayor Armstrong read the total of the bill in Federal Revenue Sharing, explaining
that this is for the purchase of shell.
Councilman Riggs made a motion to pay the bill, being seconded by Councilman
Dietz. Upon roll call vote said motion CARRIED, 4-0.
COMMUNICATIONS:
The City Clerk read a note from the City Attorney to her, stating that in order
to preclude any future difficulty regarding the legality of a resolution or an
ordinance, he must insist that such documents be prepared by him as City Attorney.
Mayor Armstrong explained that he apologized to Mr. Woods about the matter that
came up last week. He was the one who brought up a questions about the resolution,
however he did not know that Mr. Woods did not draw up the resolution.
Councilman Dietz stated that according to our Charter provisions, the City Clerk
may type up resolutions. The law says that the attorney has to draw up the
ordinances, but resolutions are not laws.
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Mayor Armstrong stated that this is not a question of what is law, surprises
are embarrassing. These things should be brought up at one meeting and acted
upon at the next.
Councilman Dietz stated that sometimes things come up,that resolution last week
was very important for a meeting coming up that week.
Attorney Woods stated that he does not mind if the City Clerk draws one up,
however he never bills the City for any calls received at his office. If
he could have been advised that such a resolution is going to be read this
might help answer any questions before hand.
It was agreed that this should be done.
The City Clerk read a letter from Mr. Fernandez to Mr. Dietz in regard to the
water meters, stating that the meters that Mr. Kuyk is using in the water
department are accurate meters and that the replacement program, he believes,
will help account for the deficit the City has seen between waterpumped and
water billed.
There were no comments made about this communication.
The City Clerk read a memo from the Zoning Board in regard to their voting in
favor of Mr. James Cameron's request to build six houses on two lots at 1700
Riverside Drive.
Mr. Cameron showed the Council a map of the area in question, and explained
the proposed buildings.
There was discussion among the Council about this. - Councilwoman Webber
entered the meeting during this discussion.
Mayor Armstrong stated that he has no objection as far as the recommendation
is concerned, however he has one question that must be clarified. He was
contacted by Greg Camp's office last week, also the State Agency is coming
in to see that this complies with the State law. As soon as this matter is
clarified, he would grant the recommendation.
Mr. Cameron stated that the man from the State has already been out and has
taken pictures to show that they are complying.
Mayor Armstrong stated that a letter will probably be received from them shortly.
He feels that we should not get involved until we know that everything is all
right with the State officials first.
There was some discussion about the private road which is shown on the map.
Councilman Dietz stated that he is in favor of the entire project, with the
exception of the private road. We could have a lot of problems with that.
He asked Mr. Cameron if he could make this street meet all of the qualifica-
tions of a City street and perhaps dedicate it to the City?
Mr. Cameron explained that he would not have enough square feet to comply with
the zoning, which is his reason for keeping this a private easement. He stated
that they now have private streets in their Mobile Home Park, which are open to
the public.
Attorney Woods was asked about this, he stated that he feels we should straighten
this out about the streets before Council action is taken. He spoke with Mr.
Cameron about how this could be taken care of, or how Mr. Cameron intends to
handle it.
Councilman Dietz stated that perhaps he could go for a variance on these lots
and make the street large enough.
Tape lB
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Mayor Armstrong asked if it would be possible to accept the recommendation
of the Zoning Board, but to restrict the building until such time that the
easement has been deeded to the City of Edgewater?
Councilman Dietz stated that we would be responsible for maintaining it.
Mayor Armstrong stated that we are not accepting it as a dedicated street,
we are accepting it by deed to the City of Edgewater as a right-of-way to
theproperty.
Councilman Dietz asked what if the Cameron's move about 15 years from now,
and someone who bought this property comes to the City of Edgewater saying
that their street needs improvements?
Mayor Armstrong stated that we would have to maintain a 20 foot street, because
it will be City owned. He went on to explain that until Mr. Cameron puts this
street in, the City could not accept it, however if we accept it before, we will
have to put it in.
Attorney Woods stated that he will look into this matter, if the Council wishes.
There was more discussion about the easement, and whether a variance could be
sought in order to make the road wider.
Councilman Sikes made a motion that we refer the request of Mr. Cameron to
our attorney for study to be brought back at our next meeting, being seconded
by Councilman Dietz. Upon roll call vote said motion CARRIED, 5-0
The City Clerk read another letter from the Zoning Board stating that they
approved Mr. Wallace's plan to establish an extended care nursery school on
his land at Park Avenue and Old County Road.
Councilman Dietz made a motion that we accept the recommendation of the
Zoning Board on Mr. Wallace's request, being seconded by Councilman Sikes.
Upon roll call vote said motion CARRIED, 5-0.
Councilman Sikes made a motion that we instruct our attorney to prepare a
Resolution approving and granting the nursery school, being seconded by
Councilman Dietz. Upon roll call vote said motion CARRIED, 5-0.
The City Clerk stated that the next item is the Community Development Block
Grant letter, which Mr. Sikes requested be put on the agenda. She read this
letter to the Council and audience. It has a proposed Resolution attached.
Councilman Sikes explained that he thinks this is something like the Gorman
Apartments. He feels that Edgewater is in need of low rent housing projects
if they areput in the proper place.
Mayor Armstrong stated that he believes we have one area in town that is
zoned HUD, and that is at the South end of town right next to Carters
Trailer Park.
Councilwoman Webber stated that any area zoned R-4 would be eligible for
this type of building.
Mayor Armstrong recommended that we have our attorney look into this and
we decide later whether we want to go along with the Resolution.
The City Clerk read a letter from Maule Industries, asking for payment of
the pipe that the City has purchased and used.
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Councilman Dietz made a motion
it back to Maule, then when we
being seconded by Councilwoman
CARRIED, 5-0.
that we instruct Mr. Martine to send
get it back to them we will pay the bill,
Webber. Upon roll call vote said motion
Councilman Riggs was asked if he would want to keep any of that pipe
if it was usable? He stated that he doesn't think that we could use
any of it.
The City Clerk read a lengthy memo from the Board of Adjustments in
regard to their action taken in regard to Government Builders request
for a variance.
The Council looked over the Plot Plan and legal descriptions which were
attached to this letter. The Council discussed the matter.
Tape 2 A
Mayor Armstrong stated that this has been the most controversial zoning
problems that we have had in Edgewater since he has been here. There
were a lot of people interested it in.
There was discussion about this, it was explained that if these lots were
individually owned prior to July, 1974, they could have built their own
houses on the property.
Councilwoman Webber stated that she does not know what we
she thought we had a Board of Adjustments who would bring
dations before us and we would abide by their decisions.
what we are talking about now?
are getting at,
their recommen-
She does not know
Councilman Dietz asked the Mayor if he feels that it is inequitable?
Mayor Armstrong stated that he does not know? He added that we are going
to have to vote on it too, we can't let the Board of Adjustments do it all.
Councilwoman Webber stated that she will abide by what the Board of Adjust-
ments tells us.
Mayor Armstrong asked for the Council IS pleasure.
The Council continued to look over the Plot Plan.
At this time some questions were directed to our attorney in regard to the
powers and responsibilities held by the Board of Adjustments. (The tape
was very unclear). Attorney Woods stated that the Council is not bound
by the Board of Adjustments recommendation.
Councilman Dietz asked the Mayor if he knows of anything that would be
contrary to what they have decided?
Mayor Armstrong stated no, he has made it his business to know very little
about it while it is in the boards' hands, however a number of people have
talked to him. He added that now looking at this plot, since Mr. Wagner is
the person who is selling the property, why didn't he make that 80 foot at
least 85 or 86 east of the house?
Councilman Sikes made a motion that we accept the recommendation of the
Board of Adjustments, being seconded by Councilman Riggs.
There were more questions about this.
Mr. Kane was given the floor. He stated that a fine job was done on this.
However, the Ordinance reads that as long as you have a string of lots you
have to have the width and area. He added that it is not true that the
people in that area don't want the houses built, they just feel that a
little more green area between the houses would be better. He said that
the Council is going to be in violation of the Ordinance, because they
do have the property to do this with.
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Mr. Millard was asked to speak to the Council. Councilman Dietz asked
him which one of the criteria did the board make their decision under?
Mr. Millard stated that he dislikes having to appear here after the
board has met under the proper legal conditions. It is in his opinion
that it is inappropriate for a chairman of a board to appear as an
advocant, either pro or con on any case that we have heard. He pre-
fers to stand on the record that they have accumulated over 12 hours,
to develop to this point. He added that if the Council presses him
to continue he will. He went on to say that it is their conclusion
that the practical difficulty in the original nine home strip of meeting
the area was not establish. The applicant came back with plans that were
ridiculous which were also turned down. They came back with a plan finally
that met with what the board had been trying to get them to do for over 12
hours. He went on to explain the way the land was divided.
Mr. Richards spoke to the Council about why this was divided the way it
finally was.
Mr. Millard took the floor again, and stated more reasons for the board's
decision.
Mr. Kane asked what recourse the citizens of Edgewater have if this passes?
Attorney Woods stated that he has a right of appeal to the Council as an
interested property owner.
Mr. Kane spoke again, stating that if these people couldn't meet the lot
size he would be glad to see this, but they can conform and he feels that
they should be told to do so.
Councilman Dietz asked again about the criteria that has been set up.
Attorney Woods explained that the board has five criteria. He assumes
that the board went over each one of those five to see that they met
each one of them.
Tape 2 B
(The tape was turned over, the first thing picked up is a conversation
about the Hendry property. The notes show that on the roll call vote
in regard to accepting the recommendation from the Board of Adjustments,
said motion CARRIED, 3-2, Councilman Riggs and Mayor Armstrong voting NO.)
There was more discussion about the Hendry matter. Mr. Howard Yelvington
spoke to the Council about this. He explained that the only way the City
can prove ownership is to quit the title.
The City Clerk explained that we have gone through the records and nothing
shows until you get to 1957.
Councilman Sikes asked what happened to the money we got out of this property?
The City Clerk explained that it came into the General Fund in December of
1957, we got $2,025.00 and we paid $7.35 in stamps on the property.
Councilman Sikes made a motion that we turn this over to our attorney to
be checked out and see what we need to do, being seconded by Councilman
Dietz. Upon roll call vote said motion CARRIED, 5-0.
The City Clerk read a letter from Mrs. Turner resigning from the Zoning
Board.
Councilman Sikes made a motion that we accept the resignation and that we
write a letter to her thanking her for the work that she has done, being
seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 5-0.
At this time a five minute recess was called.
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AUDIENCE MISCELLANEOUS:
None
RESOLUTIONS:
RES. NO. 722
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA
AUTHORIZING EARL BAUGH, CHIEF OF POLICE OF THE CITY OF EDGEWATER,
FLORIDA, TO SUBMIT AN APPLICATION ON BEHALF OF THE CITY FOR A GRANT
FROM THE LAW ENFORCEMENT ASSISTANCE ADMINISTRATION, REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE.
Attorney Woods read this Resolution in full.
Councilman Riggs made a motion to adopt the Resolution, being seconded
by Councilwoman Webber.
Councilwoman Webber brought it to the Council IS attention that the appli-
cation has been made, it was made last year.
Chief Baugh explained that the application has been approved, the Resolution
is to state that the City will pay their 5% of it. This is for the final
application.
Upon roll call vote on the previous motion, said motion CARRIED, 5-0.
ORDINANCES:
ORD. NO. 978
AN ORDINANCE APPROPRIATING $80,053.59 IN FEDERAL REVENUE SHARING FUNDS
FOR THE EIGHTH ENTITLEMENT PERIOD AND OTHER UNAPPROPIRATED FEDERAL REVENUE
SHARING FUNDS FOR CAPITAL IMPROVEMENTS IN THE CIT.Y OF EDGEWATER, FLORIDA,
REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING
AN EFFECTIVE DATE.
Attorney Woods read the Ordinance in full.
Councilman Sikes made a motion that we adopt the first reading of this
Ordinance, being seconded by Councilman Riggs. Upon roll call vote said
motion CARRIED, 4-1. Mayor Armstrong voting NO.
ORD. NO. 979
AN ORDINANCE AMENDING ORDINANCE 880 OF THE CODE OF QRDINANCES OF THE CITY
OF EDGEWATER, FLORIDA, TO ADD THREE ADDITIONAL CLASSIFICATIONS OF PERMITTED
USES IN THE B-2 NEIGHBORHOOD BUSINESS DISTRICT ZONE IN THAT AREA OF LAND
WEST OF THE FLORIDA EAST COAST RAILROAD TRACKS FROM 21ST STREET TO 30TH
STREET PRESENTLY ZONED B-2 IN THE CITY OF EDGEWATER, FLORIDA, REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE.
Attorney Woods read the Ordinance in full.
Councilman Dietz made a motion to adopt the first reading of this Ordinance,
being seconded by Councilwoman Webber.
Councilman Dietz suggested that if this passes tonight, the City Clerk should
put a note in for the Zoning Board informing them of our action.
Mayor Armstrong agreed with this.
Upon roll call vote on the previous motion, said motion CARRIED, 5-0.
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OLD BUSINESS:
Councilman Dietz stated that before we get into any other business, could the
Council give him permission to go out and see if he can get someone to come
in and give us a speaker system that we can simplify and make work so that we
can all hear each other?
Mayor Armstrong stated that it will work fine if it was left alone.
There was some discussion about this.
Mayor Armstrong stated that the first item under Old Business is E.D.A. grant.
Councilman Dietz stated that he and Mr. Fernandez have been talking about this
$144,000 that the government says that we are eligible for. We have two weeks
to make application for it. They see no reason why this shouldnlt go through.
He stated that he and Mr. Fernandez came up with a plan where we can build part
or all of the Water Plant. He thinks that we can get all of the money to finish
the complete job. $630,000. The representative from May, Zima verified the fact
that we do have $450,000. In order to complete the job it will take another
$180,000.
Mr. Fernandez asked how the Federal Revenue Sharing money relate to the money
they were talking about? He said that $20,000 was allocated toward paving
and $20,000 towards a financial program, is this part of the money that we
were considering?
Councilman Dietz answered no, we put $36,000 in the Water and Sewer. We
have $53,000 that has not been appropriated and we have $15,000 that we
just read in tonight's Ordinance that has not been appropriated. The
balance of $135,000 we have committed to Water and Sewer. He added that
it is the recommendation of Mr. Fernandez and Mr. Kuyk that we go ahead
and authorize and give the bid out on the well and get the well in because
we donlt know what we are going to run into on this water situation, but the
well will go right into the Water Plant, so there will be no changes made in
the plans that we have made.
Mr. Fernandez gave the Council a briefing on where we stand financially.
He said that we have a well specialty contract and there is a definite need
for that well right now. Both to give us the stand-by ability and to relieve
the load on the existing wells. He explained that the Public Works Act has
offered us $144,000 if we can get the project under construction within 90
days. Our existing Water Plant complete is an approved project, it has the
Department of Environmental Regulations permit. This will fall under the
E.D.A. IS program of a 14 day reapplication period, thus it will have a very
low cost in terms of applications to bring the project into direct funding.
We have approximately $127,000 left in the original Farmers Home Administration
loan. We have Federal Revenue Sharing money and we have approximately $35,000
in the Water Impact Fee account. He added that he has been in contact with
Farmers Home Administration about grant money or loan money. They said about
grant money, they would look at our application but it is highly unlikely that
we would get anything because we have the lowest water rates for this size of
a municipality in the state. They will make loan money available to us, and
very easy for us because they have already reviewed most of the necessary
documents. He added that what he is here tonight to ask the Council is for
an authorization to proceed with the well and use the Federal Revenue Sharing
money to construct the well, secondly, to direct Briley, Wild to prepare a
pre-application to Farmers Home Administration for the loan of $230,000 which
will more than cover the engineering fees, the legal fees and the Water Plant
construction in conjunction with these other funds that are going to be available.
He stated that he would encourage the Council to take this giant step forward
towards making the water palatable in the City of Edgewater.
Mayor Armstrong stated that we are going to a new plant that will cost us about
$30,000 a year in electrical bills, plus $35,000 interest and $1,000 on the
principal on the loan or about $67,000 a year over and above the previous yearls
cost.
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Mr. Fernandez stated that he believes that the electrical costs are going
to take a significant decline.
Councilman Dietz stated that we are in trouble with this water and we are
going to have to do something.
Mayor Armstrong stated that he wants someone to tell him how we are going
to get around penalizing those people who don't have any sanitary sewer.
The sewer cost is what is running us into money. We can't get any sewer
money.
Councilman Dietz stated that we are going to be forced to do something about
our water or we are going to be forced to hook up to. New Smyrna.
Mr. Fernandez explained that some new by Cities are raising their sewer rates
above the water rate, because the sewerage treatment process is a more expensive
process that the water treatment process. This is something he would like to
discuss with the Council at budget time.
Mr. Fernandez answered several questions from the Council about the application
process.
Councilman Sikes asked how we can go about being sure that we do not run into
the same situation that we did last time where we find that we need more
money than what we can scrape up and that Farmers Home will pick up the
difference if we need to go that route?
Mr. Fernandez stated that the way to do this is to set a higher figure and
then not validating the excess bonds when the costs come in below these figures.
He explained that the figures given to Farmers Home is giving us about $25,000
of space above what he feels the estimate will be on the Water Plant project.
Mayor Armstrong stated that there are a lot of loose ends, the fact is we
don't even have an official notification from E.D.A other than what we read
in the newspaper that we are going to get $144,000.
Mr. Fernandez stated that he spoke with Mr. Chappe1s office and was assured
that the $144,000 is forthcoming..
Tape 3 B
There was some discussion at this time about the water lines leading to the
wells, and how they should be put in.
Mayor Armstrong suggested that this plan be put together, the Council be told
how we are going to fund it, so that the Council can sit down and if there are
ways that we think we can change it a little to save money before we go to
Public Hearings. Sell us all on it, please.
Councilman Dietz stated that this is what we are trying to do right now.
He stated that the water lines are not what is critical right now. What
is critical is the quality of the water in the City of Edgewater, if we
don't get the quality up the Board of Health are going to force us to hook
into our neighbors at the north and they will give it to us at their price.
At this time Mayor Armstrong asked the Council to excuse the City Clerk now,
she has to leave at 4;00 in the morning to start her vacation. There being
no objections, the City Clerk was excused.
Councilman Dietz stated that something has to be decided by the Council, we
have a two week deadline to meet. He went on to add again that we are going
to be forced to take care of this matter if we don't do it on our own.
Councilman Sikes asked Mr. Fernandez what the first thing is that we need to
do to get this rolling?
Mr. Fernandez stated that you need a preliminary application from Farmers
Home Administration so that we can proceed.
Councilman Sikes made a motion that we instruct our engineers to file for
a preliminary application to Farmers Home Administration for a loan or grant
for the completion of the Water system per plans previously submitted, being
seconded by Councilman Dietz.
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There was some more discussion about this, Councilman Sikes stated that
the purpose for his motion was to either get started on this or not to.
If we are going to do something, we should get started.
There was discussion at this time about the new well.
Mayor Armstrong asked if there were any more questions before we have a
roll call.
Councilwoman Webber asked if it is true that we can build this plant with
the exception of the softner and we would not have to borrow this $250,000?
Mr. Fernandez stated that it would be very close,his estimates put the City
about $50,000 or $60,000 short of building the plant without the softner.
He also answered more questions from her about the prices from the different
companies which were received last time we discussed this project.
Mayor Armstrong asked for a roll call vote, upon roll call vote the previous
motion CARRIED, 4-1. Mayor Armstrong voting NO.
Councilman Dietz stated that we need a motion to accept the bid on the well.
He made the motion that the Council award the bid to the low bidder in the
amount of $44,885.to Meredith Corporation, the monies to be taken out of
Federal Revenue Funds, being seconded by Councilman Sikes. Upon roll call
vote said motion CARRIED, 4-1. Mayor Armstrong voting NO.
Councilman Dietz stated that there is enough money in the Federal Revenue
to go ahead and pay for this.
Mayor Armstrong stated that the next item on the agenda is Board of Adjust-
ments appointment.
The City Clerk read a letter from Mr. Frank Opal volunteering to serve on
this board. She also read a memo from Councilman Dietz recommending Mr.
Neil Astine for the appointment to the Board of Adjustments.
Councilman Dietz made a motion that we appoint Mr. Astine to the Board of
Adjustments for the period of time that Mrs. Nichols was appointed for,
being seconded by Councilman Sikes.
Councilwoman Webber asked Mr. Astine several questions about his experience
in regard to such a board.
Upon roll call vote said motion CARRIED, 4-1. Mayor Armstrong voting NO.
The City Clerk began to read the bids for the Fire Hydrants. Councilman
Dietz stated that the problem is not with the meters, it is where are we
going to come up with the money. We have talked about the meters, and we
have the recommendation from Mr. Kuyk as to where we want to buy these meters,
and that is not from Hughes because they are not compatible with what we have.
Mayor Armstrong stated that he does not agree with this.
Councilman Dietz stated that the point is, where is the money going to come
from? We need them.
Mayor Armstrong stated that we know the money has to come out of the Water
Department.
Councilman Dietz stated that we have discussed this before, and Ordinance 400
says that the Water and Sewer Department will not carry the City. This is an
expense far in excess of what the Water and Sewer Department can carryon its
money.
Mayor Armstrong stated that the Water and Sewer Department finances are in a
mess.
Councilman Dietz stated that we have plenty of money, the only thing is there
has been a bookkeeping problem and we have that straightened out.
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Mayor Armstrong stated that we will be audited and we will see.
Councilman Dietz stated that everything is legal and above board. He
added again, that the point is the City Council has to decide how we
are going to pay for these plugs. We can't take all of the money out
of the Water to pay for them, we will pay the greatest portion of it.
Mayor Armstrong stated that he wants to remind everyone that there was
no money appropriated in General Government to buy any fireplugs.
Councilman Dietz stated that there was no money appropriated for Police
Cars, but we got them, there are ways of doing it.
Tape 4A
Councilman Dietz stated that he thinks that if the City of Edgewater will
pay the balance, we will pay $6,000~00 towards it and we will keep the
rental rates at the same rate, otherwise in July we will have to ask the
City to increase the rental rates on the fire plugs.
Councilman Dietz answered some questions from the Council about these plugs.
Councilman Riggs asked where this money will come from in General Government?
Councilman Dietz stated that this is up to the Council, he does not know.
Councilwoman Webber asked again why the Water Department can not pay the
whole amount?
Councilman Dietz explained that it can not be done and keep the rental at
$50.00.
Councilman Sikes asked why we are not accepting the lowest bid?
Councilman Dietz explained that the plugs that Hughes Supply bid on need
special tools to maintain them, and it will cost about $400 to purchase
these tools. He added that there is only about $100 difference between
the two bids.
Councilman Riggs made a motion to table this and see what we can come up
with
Councilman Dietz stated that that is what we did six weeks ago.
Councilman Riggs stated that we can put it on the agenda for our next meeting,
and make a decision for sure then.
Councilman Dietz stated that this is holding them up, and they would like to
be able to get their work finished.
Mayor Armstrong asked for a second to the motion.
Discussion began again about where the money will come from in General Government.
Mayor Armstrong stated that Councilman Riggs' motion dies from the lack of a second.
Councilman Dietz asked Councilman Riggs if he will assume the responsibility of
finding where the money can come from?
Councilman Riggs stated no, he expects Mr. Dietz to do that.
Councilman Dietz stated that it has to come out of one of the other Councilmen's
department...
Mayor Armstrong stated that we are going to have to go ahead and take care of
our business so we can go home, or we are going to have to adjourn and take
care of this at a later date, it is past 11:00 now and we are getting nowhere.
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Mayor Armstrong stated that the City Clerk will have to certify the funds
to award the bid, which is in compliance with the Charter laws. No contract
shall be awarded to anyone in excess of the appropriation and if it is the
same is null and void.
Councilman Dietz stated that this does not hold true in this ..
Mayor Armstrong stated that he is getting tired of Councilman Dietz making ,his
own rules.
Councilman Dietz stated that the monies will be appropriated out of the Water
and Sewer Department, which is there. The monies that he is asking for is
a reimbursement from the City to the Water and Sewer Department to help defray
the cost. It has nothing to do with the bid, the bid will be let from the
Water Department and the money is available in Capital Improvement Funds.
Councilwoman Webber stated that in the event that the Clerk can fund money,
she is in favor of going ahead, but in the meanwhile let the Water and Sewer
Department pay for it all.
Councilman Dietz asked Mrs Webber to repeat herself.
Mayor Armstrong called Mr. Dietz out of order, stating that he does not ask
to be recognized. He added that he is prolonging this meeting deliberately
because he knows he doesn't feel good. He's going to adjourn the meeting.
Councilman Dietz stated that the Mayor can not adjourn the meeting.
Mayor Armstrong stated that he is the chair and he will adjourn. If you
want to elect somebody to preside that is your business, but who is going
to preside while you do it?
Councilman Dietz asked the attorney if the Mayor can adjourn the meeting
like this.
Attorney Woods stated that any Council member can ask to adjourn the meeting,
and this will have to be submitted to a vote of the Council.
Councilman Dietz stated that we will call for a vote.
Upon roll call vote on the adjournment, said motion DIED, 0-4.
Councilman Dietz asked if this puts him in the chair?
Attorney Woods stated that he is Vice Mayor.
Councilman Dietz stated that he is sorry that we have so much difficulty,
but we have things to do and let's get them done.
Councilwoman Webber stated that if the Water Department pays for this now
and we are given time to look in our budgets and have the money certified
by the clerk, then she will go along with this. She stated that she will
make this a motion, being seconded by Councilman Riggs.
Councilman Dietz asked Mrs. Webber to make her motion to include that we are
accepting the bid of B & H Sales over Hughes Supply at the recommendation of
Mr. Kuyk it will simplify the whole matter.
Councilwoman Webber stated that she so moves. Councilman Dietz asked for a
second to this.
Councilman Riggs stated that he seconded the first motion.
Councilwoman Webber was asked to repeat her motion. She stated that she moves
that the Water Department pay for the fire plugs and that in the event that the
clerk finds the money from the General Fund we will reimburse the Water Department
in the sum of $2649., also that we accept the bid of B & H Sales in favor of the
Hughes Supply, being seconded by Councilman Sikes. Upon roll call vote said motion
CARRIED, 4-0.
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Councilman Dietz asked if Attorney Woods is ready to speak to the Council
about the Purchasing Ordinance.
Attorney Woods stated that he is not, he feels that it is getting late.
Councilman Dietz stated that this is in regard to purchasing an item over
$2,000. on a bid bases.
Attorney Woods stated that he has-come up with something, but he does not
want to bring it to the Council at this time.
NEW BUSINESS:
Councilman Dietz stated that every year in the month of July a Public
Hearing is set up to discuss water and sewer rates. He asked if the 25th
of July is all right with everybody? There being no comments he stated
that he would like a motion to set the Public Hearing for this date.
Councilman Sikes made a motion that we advertise for Public Hearing to
adjust the water and sewer rates on July 25, 1977 at 7:00 P.M, being seconded
by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0.
Councilman Dietz stated that the next item is instruction on setting up
Capital Improvement Fund for Utility Department. He stated that he will
explain this a little. The Mayor brought up a while ago that we have a
deficiency in the Water and Sewer Operating and Maintenance. The reason
being that we set $40,000 aside for Capital Improvements this year and
all the monies that were set aside for the Capital Improvements were not
taken out of that fund, they were taken out of Operation and Maintenance,
so consequently we are still sitting there with the monies in the Capital
Improvement Fund. Therefore, we show a deficiency in the Operation and
Maintenance. We talked with May, Zima and Company and it seems like the
Council put the money aside for Capital Improvements but they set up no
way for the funding of that money. What we need now is instructions to
the attorney to set up a Capital Improvement Fund for the Utility Depart-
ment with a separate bank account and checking account, so that monies can
be taken out of that fund. This is something that has to be done.
Councilman Sikes made a motion that our attorney get in contact with May,
Zima and Company for instructions for setting up the Capital Improvement
Fund for the Utility Department, being seconded by Councilwoman Webber.
Upon roll call vote said motion CARRIED, 4-0.
Councilman Dietz stated that the next item is for the Council to excuse
Councilman Sikes from the meetings June 20, 27 and July 4.
Councilman Riggs made a motion to excuse Mr. Sikes, being seconded by
Councilwoman Webber. Upon roll call vote said motion CARRIED, 3-0.
Councilman Dietz stated that we have a bill here from Mr. Harris for a
bill on the Library in the amount of $3,405. The amount of previous pay-
ment was $18,114.28, the amount of 10% retained is $2,525.50, the balance
to complete contract is $3,736.
Councilman Sikes stated that he thinks that the architect should authorize
our payments according to the contract.
Councilwoman Webber made a motion that we pay the bill from Harris Builders,
being seconded by Councilman Riggs.
Councilman Sikes stated that we better check and see if this agrees with our
contract and that the architect will authorize that payment. He looked at
the paperwork and read that payment has been approved.
Upon roll call vote said motion CARRIED, 4-0.
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Councilwoman Webber stated that she wants it on record that she has
reappropriated some money within her own department. Since we no longer
have to pay prisoner fees to New Smyrna Beach she has $1608.78 as a balance
in that account. From that she is going to take $1,000 and put it in our
uniforms and hardware, and in Radio Service, $400.
Councilman Dietz stated that the record should show that Mrs. Webber has
notified the Council that since we do not use the prisoner fees anymore
she intends to use that amount of money in other departments.
Councilman Sikes stated that at the end of the year when we adjust our
budget we have to show this.
Councilwoman Webber stated that she has had numerous calls about the bridge
between New Smyrna and Edgewater and she wonders if anything has been done
about it.
Councilman Riggs stated that they are working on it.
Tape 4A
MISCELLANEOUS:
Councilman Sikes began the discussion about the Planning Board meeting room.
He stated that he feels that there should be a permanent petition between
the new board room and the Mayor's office. As this sketch shows it, the
mayor's office will be 12 x 18 and a board room which will also be a 12 x 18
room, which is a good size room. They would have three walls to put their
maps on and leave them there. If they need a larger room for a Public Hearing,
that is what this building here is for. The Mayor should have a private office.
If you have sliding doors there, some of the Mayor's things will get rearranged
and so forth.
It was explained that we have one bid from Mr. Karditzas in the amount of
$845.for the solid wall, $895 for the sliding doors.
Councilwoman Webber stated that she disagrees with Mr. Sikes. She thinks
that we should have the sliding doors. There are a lot of things going on
in the Community Center and they might not be able to use it. If we had
the sliding doors they could be open and have the larger room.
Councilman Dietz stated that he has never seen one of these folding doors
work properly and if you have the folding doors and a meeting going on in
each side there would be total chaos. There would be no way of using both
of these rooms at one time.
Councilman Sikes stated that he feels that the Mayor should have a private
office.
Councilman Sikes made a motion that this be tabled, he has stated his feelings
on it in the event he won't be here, being seconded by Councilwoman Webber.
Upon roll call vote said motion CARRIED, 4-0.
Councilman Dietz stated that they had a meeting with the Florida Shoes Associ-
ation on the Water and Sewer expansion and the paving of the streets in Florida
Shores. There, was quite a bit of discussion about this. It was decided that
the people would get together with their neighbors' and discuss this and we
would hold a Public Hearing in July. He would like a motion to set up a Public
Hearing on July 11, at 7:00 P.M., for the Florida Shores Home Owners so that
they can discuss this with the Council and the Council can make up their minds
if they want to proceed with putting this on the ballQt.
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Councilman Sikes asked if we will have all of the necessary information
before this?
Councilman Dietz stated that he will have Mr. Fernandez present and he
will explain the whole idea.
Councilwoman Webber suggested that we have a blackboard at this meeting
so that the figures can be written in black and white for the public to
see.
Councilwoman Webber stated that she will so move, being seconded by Council-
man Sikes. Upon roll call vote said motion CARRIED, 4-0.
Councilman Sikes stated that he thinks that it should be a matter of record
that he is going to ask the Mayor to assume his responsibilities while he
is away.
ADJOURNMENT:
Councilman Riggs made a motion to adjourn, being seconded by Councilwoman
Webber. Said motion CARRIED.
MINUTES TAKEN BY:
Sue Blackwell
Elizabeth J. Crouser
Debbie Sigler
ATTEST:
sS~ ~Ldt
City Cl erk
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Approved this ~day
OJ;fUl , 1977.
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