Loading...
06-06-1977 - Regular u ~ CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD June 6, 1977 Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater, Florida, to order, Monday, June 6, 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 Present INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES: Councilman Riggs made a motion to approve the minutes of the meeting held May 16,1977, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 4-1. Councilman Dietz voting No due to his being absent. Councilman Sikes made a motion to approve the minutes of the meeting held May 23,1977, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 4-1. Councilman Dietz voting No due to his being absent. Councilman Riggs made a motion to approve the minutes of the meeting held May 30,1977, being seconded by Councilman Dietz. 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 Riggs. Councilman Sikes stated that he thought we discussed with our auditor about listing the overtime in all departments. It was explained that this is not necessary to do and it would save a lot of paperwork not to do this. Mayor Armstrong stated that they said we could, but we did not amend the Ordinance to do this. Various questions were answered. Upon roll call vote on the motion to pay the bills, said motion CARRIED, 4-1. Mayor Armstrong voting No. ~ u o Mayor Armstrong read the total of the bills in the Water and Wastewater account. Councilwoman Webber made a motion to pay the bills, being seconded by Councilman Dietz. Various questions were answered. Upon roll call vote on the motion to pay these bills, said motion CARRIED, 5-0. COMMUNICATIONS: The City Clerk read a VCOG meeting notice for June 8, 1977 at 3:30 P.M. in Daytona Beach, Florida. Councilman Dietz made a motion that the Mayor and Mrs. Webber attend this meeting to represent the City, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 4-1. Mayor Armstrong voting No. The City Clerk read a letter from the CETA administration in regard to proposals for filling 60 vacancies in Title VI Public Service Employment. Mayor Armstrong stated that the CETA program has grown to be such an extension administrative operation that it is going to play out. They have a lot of Federal money, but they put so many strings on how you spend it, and what you have to do to spend it that we just can't participate in it. The City Clerk read a resignation from Mr. David R. Pettit to be effective June 7, 1977. Councilman Dietz made a motion to accept the resignation, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. The City Clerk stated that the next letter is from Briley, Wild and Associates in regard to the Public Works Employment Act of 1977. She stated that she believes that Mr. Fernandez is going to speak on this later and the letter is quite lengthy. Mayor Armstrong stated that we will hold this until later in the meeting. The City Clerk read the report -from the Building Official. They are requesting payment of $539.88 for fees covering completed work. Councilman Sikes made a motion that we pay the bill of the Building Official in the amount of $539.88, being seconded by Councilwoman Webber. Councilwoman Webber asked if any of these were for warehouses? The City Clerk stated that she does not know. Mayor Armstrong stated that he thinks we should go through this bill and check each permit on the list as to address and project to see what they are and where they are. Councilman Dietz stated that he feels that this should be done with all of them. There was some discussion as to how this list can be done. Councilman Sikes stated that he feels that the Building Official should be available as long as City Hall is open to issue building permits. This was agreed to by the entire Council. Mayor Armstrong stated that he will talk with the Official and report back to theCouncil. Mayor Armstrong called for a roll call on the motion. Upon roll call vote said motion CARRIED, 5-0. The City Clerk explained that the next item is a petition from people in the area involved in the cross over at Rhode Island. They are all in favor of the -2- ~ o cross over. She explained that she told the man who brought the petition in that we are in the process of looking for the pipe and when we find it the City crews will be doing the work. Mayor Armstrong stated that he wants the Council to go on record as receiving this petition. Councilman Riggs brought the Council up to date on the work. Councilman Sikes made a motion that we accept this petition, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 5-0. AUDIENCE MISCELLANEOUS: Mayor Armstrong stated that he would like to recognize our Senator, Mr. Ed Dunn. We have Cable T.V. people here, and they have requested to addressfue Council. Mr. Randal Burnett introduced himself, being from Teleprompter with Cable T.V. He also introduced John Flannigan, Jay Dow, Tom Alexander and his employer Ed Dunn. Mr. Burnett explained the entire situation to the Council. He stated at the meeting he attended he was instructed to go ahead and draft up an Ordinance in regard to this. He passed out the document and explained that he will finish it after the discussion tonight and present it to our Attorney. Tape lB Mr. Flannigan spoke to the Council, going over the proposed Ordinance. He explained in detail the financial arrangement of the program. Mr. Burnett spoke to the Council again on the line extension program. There was discussion about this among the Council. Mayor Armstrong recommended that we put a 60 day extension on this deadline on the contract to work out something that will be feasible both ways. Senator Dunn spoke to the Council about this. The issue is that Teleprompter can not deliver the services provided in the original agreement, the reason being there are not sufficient subscriptions in this community for that service. They would like to propose a method that will insure that the people who want the service and if there is a sufficient number, to insure that it is economically feasible to extend the service to them. There was more discussion. Councilman Dietz stated that there are other companies that are in this business and he does not believe in giving them an open end contract. Mayor Armstrong stated that we have an unexclusive contract with them. Councilman Sikes asked what we need to do to extend the deadline that they are working to? Mayor Armstrong stated that we can make it a matter of record that we are agreeable to continue negotiations in good faith for the next 60 days if need be to come up with an amendment to the matter that we can both live with. Councilman Sikes stated that he will make this a motion, being seconded by Councilman Riggs. The Teleprompter representative answered some questions about their charges. Upon roll call vote said motion CARRIED, 5-0. -3- o o Mayor Armstrong asked if there was anything else from the audience, there being no comments, Rick Fernandez was given the floor. Mr. Fernandez began speaking on the easement to Lift Station #4. (For the record there were quite a bit of shuffling of papers over the microphones and the tape was very unclear during this time.) He also spoke on the drainage improvements that are being worked on. Mayor Armstrong spoke that we have had a drainage problem in this area for some time and at one time they even got a block grant using drainage as the project and nothing was done. There was more discussion on the drainage throughout the City, and this area in specific. Councilman Dietz asked Mr. Fernandez for his recommendation, stating that all we are interested in now primarily is the right-of-way to Life Station #4. Mr. Fernandez stated that it is his recommendation that we build in at least a section of the size which is proposed so that at some point in the future they can't come back and say that in 1977 they took a step opposed to the program. He explained that we may have to get an easement from one of the adjacent property owners and this is why he wants to get the existing boundaries and abstracts well documented before we proceed on this. Mayor Armstrong stated that he is going to have to go back and take another look at this. He stated that if his memory is right he owns the West 1/2 of Lot 15 and all of Lot 16 except the West 20 feet. He believes that the drain canal goes through the middle of Lot 15. It was decided that there is no need to discuss this further until we check this out and see that it is right. If it is wrong the map will have to be corrected. Mr. Fernandez stated that the second item he would like to discuss is the proposed improvements in Florida Shores regarding paving, sewer and water systems out there. They have been looking at a study on this, and how the area could best be suited from a cost standpoint. This was done in order to give the citizens some cost information for consideration in the proposed referendum item. He explained the project,and stated that the total project cost is Nineteen million, five hundred thousand dollars. This is a priliminary figure and they will be refined near the end of the week. It breaks out approximately at Nine and a half million dollars for street paving, the sewerage collection system is approximately Six million dollars and the water distribution system that would be suitable for fire protection will be about Three million, nine hundred thousand. He explained that some significant savings can be made in the water system if some of the work is done by City crews. Some of the work that has to be done and that will get us a better fire protection grade probably should be installed by an outside contractor. Taking a look at the assessment program we are looking at about $30.00 per foot, and this is for the people on both sides of the street. He explained that in some Cities the City has picked up a portion of what the cost is, but he feels that it would not be financially feasible for Edgewater to get invovled in a program this large. Mayor Armstrong went over the history of Florida Shores becoming a part of the City of Edgewater, and the conditions that exist in the area. He thinks that Florida Shores is an asset to Edgewater. He does not think that we should tell the people in Florida Shores to petition us to do something for them. He thinks the people down there should petition theCity Council and we will include those who are interested first. Councilman Dietz stated that he and Mr. Fernandez are going to meet with the Florida Shores Home Owners Organization and explain all of this to them. He added that we are not going to force this on them, they will be able to vote on this. Mrs. Woodard was given the floor. She asked if the other people in the City have had to have a referendum for having streets paved? Mayor Armstrong stated no. -4- o o I J She added that she knows that there are a lot of people who have water but don't have sewer who want paved streets. She said that on some of the streets it is possible to go ahead and pave the streets and there will be six feet on the side of the roads to later do the sewer. Councilman Dietz gave an example of a paved street which was later torn up so that the sewer lines could be put in, and the street's condition now is terrible. Mr. Fernandez explained what the problem would be to run the sewer lines down the side of the streets. Mrs. Woodard stated that she does not feel that this should go on a referendum because none of the other people have to do this to have their streets paved. Mr. Gross was given the floor. He stated that all of the citizens of Edgewater are going to be paying for this. Councilman Dietz explained that a law took effect in January of 1977, which says that only so many septic tanks can be put in a certain area. We have almost run out of the limit of septic tanks that are allowed. Doing this on a front foot assessment will not cost the other citizens in Edgewater any money. There were other comments heard from the audience. Mayor Armstrong asked that we go to the next order of business. There were some questions from the audience, which Mr. Fernandez tried to answer. (Some of the questions were not able to be picked up from the tape.) Mayor Armstrong called a recess for a few minutes. Tape 28 Mr. Fernandez was given the floor again. He stated that the final item he needs to discuss is the status of the well field expansion program. The bid is due to them by June 10th for constructing an additional well. He explained that the money is being allocated to Counties, Cities and Towns throughout Florida for such programs. He went over the way the allocations work. Councilman Dietz stated that we have $700,000 that has been approved by Farmers Home for Water and Wastewater treatment improvements. Since this bid has exceeded that amount that we have anticipated and it is a necessity he would think that we would be smart to take this money out of that Farmers home and get this appropriation from that for this expansion. Mr. Fernandez stated that we may have a problem there, since the job was not advertised with Farmers Home bid documents in it and did not go through their specific review. He stated that he was under the impression that we had suf- ficient funds in Federal Revenue Sharing monies that were allocated to Water and Sewer to pay for this project. Mayor Armstrong stated that he is concerned about another provlslon that we had. We were first going to fund the Sewer treatment plant and then we were going to draw up a proposed budget for the remainder and submit it to them for their concurrence in a water extension program and improvements. We can't get the first project done, so how do we know what we are going to have left on the second one? Councilman Dietz stated that if we remember, they approved $700,000 and then we reapplied for $200,000 more. At the time we had approximately $150,000 in Federal Revenue monies which was obligated and we anticipated obligating all Federal Revenue monies to make up the deficit. Councilman Sikes stated that it seems like they would be able to tell us if they would agree to accept these bids. Councilman Dietz asked if everyone on the Council is in agreement that we do need the well? Mayor Armstrong stated that he is not in agreement with three wells on one 17 year old feeder line to them. He would rather have two wells and a stand by line to get the water to Edgewater. -5- o o Councilman Dietz stated that if we don't put another well in we are going to be forced to hook up to New Smyrna Beach and it is going to be quick. He explained that we are getting close to the critical point on one of the wells now. If we have to shut it down we will be in big trouble. Mr. Fernandez stated that there have been some concern expressed to him in regard to the quality of the water. More wells are not 90in9 to improve the quality of the water. He would propose the program that was submitted to EDA which included the cast iron water main to carry the water to Florida Shores, which would be in the position to back to the whole City if anything happened. He would like to see the Council consider opening up the Water system program again and take a new look at the construction of the Water Plant and the cast iron main. Councilman Dietz spoke that he feels we are at the mercy of the County about this. We do have to do something. We should have gone ahead with this pro- gram when it got started. It is futile to spend money on the old system. Councilwoman Webber stated that she would rather spend $17,000 than spend the million that Briley, Wild wants us to spend. She asked Mr. Fernandez if it is not possible for us to go to these companies and have them put their own product in? Mr. Fernandez stated that this would be a turn key operation, and it is the policy throughout the stated that none of these firms will get involved in a t~rn key operation. It puts them in competition with the other engineers and is not a healthy situation. Mayor Armstrong stated that we have three bids here. Mr. Fernandez stated that he has been in contact with the low bidder and they are willing to extend 14 days. Councilman Dietz suggested that we ask for the extension and see if we can get this funded through Farmers Home. Mayor Armstrong stated that if we can get this cleared with Farmers Home he will go along with it. Councilman Dietz made a motion that we instruct the engineer to notify this company to give us an extension of 14 days and in the mean time contact Farmers Home and see if we can fund this, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. RESOLUTIONS: RES. NO. 721 A RESOLUTION EMPLOYING KEVIN C. BOSSE AS LEAD OPERATOR IN THE SEWER PLANT OF THE CITY OF EDGEWATER, FLORIDA, SETTING SALARY, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read the Resolution in full. Mayor Armstrong stated that we have another Resolution on the books employing a man as lead operator in the Sewer Plant. Does this do away with that Resolution? We accepted that man's resignation tonight. Attorney Woods stated that he was handed this Resolution tonight, if we are going to terminate someone, we should do it legally. He does not like surprises. Councilman Dietz stated that he will explain why we have to have this. Thursday Mr. Fernandez and Mr. Kuyk have to go to Orlando to meet with D.E.R. to decide whether the City of Edgewater will be classified as a B Treatment Plant of a C Treatment Plant. We want to go over there with the fact that we do have a C operator, who is a lead operator. If they force us into a B Plant, we will have to operate the plant 16 hours a day, 7 days a week and have a B operator on duty. This is what we are trying to stop. Tape 3 A -6- o o Mayor Armstrong stated that his question was we are appointing someone to be a lead operator, when in a sense we still have one. We have not rescinded the Resolution which he was employed under. Councilman Sikes asked if this Resolution could be amended... Mayor Armstrong stated that this was a surprise to him, he did not know it was going to be on the agenda. He did not even know that Kevin C. Bosse has a C license. He added that he has no objections if we want to assume that this will terminate the other Resolution. Councilman Dietz asked the attorney what would keep us from going ahead and passing this Resolution tonight? Attorney Woods stated that if this man has resigned then you have a vacancy, he would see no reason why you can not have a Resolution drawn up and adopt it next Monday terminating his employment effective today. Councilman Sikes explained that this meeting that they have to attend is this coming Thursday and they want to be able to say we have a Class C operator. Attorney Woods stated that he sees no problem, if this man has terminated his services with the City. Mayor Armstrong stated that his resignation states that it is effective June 7th, which is tomorrow. There was a change made in the wording of the Resolution. Mayor Armstrong stated that we have a motion and a second to adopt the Resolution as it was written. We made a change, now he would like a motion to accept the amendment. Councilman Dietz made a motion that the first motion be amended to read that the effective date will take place June 8, 1977 as changed in the Resolution, being seconded by Councilwoman Webber. After some more discussion, Councilwoman Webber withdrew her second, Council- man Dietz withdrew his motion. Councilman Dietz made a motion that we adopt this Resolution as amended, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. ORDINANCES: Attorney Woods stated that he wants to apologize to the Council. He had this Federal Revenue Sharing Budget Ordinance prepared, and the Zoning Change and he failed to pick them up. He does however have a report to make to the Council about the Board of Adjustment voting. He stated that he has researched this matter with the other Cities. He read his findings. He explained that most all Board of Adjustments have the 4/5 votes needed to 9rant a variance. He stated that he gathers from this is that the decision of the enforcement officials should not be taken lightly, and in order to reverse him you should have 4/5Is. He said that the County Board of Adjustments needs a majority to grant a variance, however they have seven board members. He stated that this is a policy decision to be made by the Council and you may keep in mind that any decision made by the Board of Adjustments under our Ordinance is repealable to this Council. He added that he has an Ordinance drawn un similar to the County's Ordinance, but he is not making a recommendation, it is up to the Council. There was discussion as to the wording of this Ordinance. Councilman Dietz stated that the way it is now, if one board member is sick or out of town the board is non functionab1e. -7- o o Mayor Armstrong stated that he agrees with the majority rule. Councilman Riggs agreed with Mayor Armstrong. Mayor Armstrong stated that in order for this to be in effect before thev hold their next meeting, we will have to handle it under the emergency W clause. Attorney Woods was asked to read the Ordinance. ORD. NO. 977 AN ORDINANCE AMENDING ARTICLE IX, SECTION 901.04 OF ORDINANCE 880 OF THE CITY OF EDGEWATER, FLORIDA PERTAINING TO VOTING BY THE BOARD OF ADJUSTMENTS OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read the Resolution in full. Councilman Dietz made a motion that this Ordinance be handled on an emergency basis, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. There was a question about this being handled on an emergency basis. Mayor Armstrong explained that this board has a Public Hearing scheduled for this Wednesday night and we would like to get this passed tonight. There were some other comments about why this is being changed, since all the other surrounding Cities have it the same way as we have it now. Mayor Armstrong explained that we have been kicking this one case around for a couple of months now and this is not good. He explained that if this board makes a decision that is not agreeable with all concerned, it can be repealed to the City Council. He also explained that when this board was originally set up they were going to have the final say, and this was the reason for making it a 4/5 vote requirement. Tape 3B Mrs. Murphy stated to the Council that they are taking a lot of weight out of the Zoning Ordinance. She also asked several questions about the voting, which the Mayor answered for her. There were more comments from the audience about this being wrong and that there is no real emergency, the people should be notified. Councilman Dietz stated that it is in the minutes of last weekls meeting that we instructed the attorney to draw this up for tonightls meeting and we would handle it as an emergency. The City Clerk was instructed to read from the minutes of the last meeting where this was discussed. After she read this, Mayor Armstrong stated that this was discussed at length a week ago, and the public was here. Mr. Gross asked the attorney if he thinks it is necessary? Attorney Woods stated that he will have to agree with the Mayor, he thinks that the majority rule is much more feasible. He added that he drew the Ordinance and has presented it to the Council, this is the Council IS decision. Mayor Armstrong asked for a roll call on the motion to handle this on an emergency basis. Upon roll call vote said motion CARRIED, 5-0. Mayor Armstrong asked what the Council IS pleasure is in regard to the Ordinance. Councilman Dietz made a motion that we adopt the Ordinance, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. -8- o o Mayor Armstrong instructed the City Clerk to notify the Board of Adjustments accordingly, and there is no excuse for them not coming up with some kind of decision at their next meeting and if they can1t come up with some kind of decision, then we need a new board. Mrs. Murphy stated that the board does not have a proper request, they are going to have to dismiss the whole hearing. Mayor Armstrong stated that he does not care what kind of decision they make as long as they make one. We have a functionable board now and he would not want to cause undue hardship on anybody in any sense as long as he is Mayor to give anybody the right to file suit against him and the City because we didn1t do our job right. Mrs. Murphy stated that it will be illegal if they give them a variance because they didn't advertise for an area variance. Mayor Armstrong stated that they can only make decisions and recommendations. Mayor Armstrong stated that we do have a vacancy on the Board of Adjustments, he asked if anyone has an appointment? Councilwoman Webber stated that she had a man call her, his name is Arden Riggs lives at 1502 Travelers Palm. She added that she wishes he had come to the meeting tonight so that we could meet him and find out something about him. She added that she also called Mr. Garthwaite about this, and he said that he is too busy at this time. It was decided that we should get some more suggestions before we make an appointment. Mayor Armstrong stated that we have a questions here about the Brown property. There was a question about the agreement that they want us to go into with them. It could not be decided as to whether this would be legal. Mayor Armstrong suggested that we table this until next week when we have more time to discuss it. NEW BUSINESS: Councilwoman Webber stated that the Chief has gotten notice that we are going to receive our allotment from the LEAA for the grant that we put in, in the amount of $10,600. We would have to put in $530.00 in order to receive this money. Councilwoman Webber made a motion that we instruct our attorney to draw up a Resolution to be sent to LEAA, making the application with $530.00 matching funds, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED, 5-0. Councilman Sikes stated that next week we should discuss the information that we got from the Community Development Block Grant of the County of Volusia. MISCELLANEOUS: Mayor Armstrong stated_.that there will be a Zoning Board meeting June 7th at 7:30. Councilwoman Webber stated that the Zoning Board members have requested through her that the entire Council attend their meeting tomorrow night. The Building Inspector will be there, there have been some discrepancies and they would like to iron them out with the Council while the Building Inspector is there. -9- , . o o Mayor Armstrong stated that he will try to attend. ADJOURNMENT: Councilwoman Webber made a motion to adjourn, being seconded by Councilman Dietz. Said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler i!~ r a::::~ L&s Ma or ~ ~ ~ 1 - C)Jdt-J -4&Z couCZ ~ ~ Coun . a '--- T ATTEST: ~~ City Cl erk d-! 5 day of :;;Ji-ed th is 1977 . ~..' ./~ D i::"4f-:-rO x-""""'----~~ ayor ~ / -10-