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05-30-1977 - Regular ~ . o u CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD May 30, 1977 Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater, Florida, to order ~londay, May 31, 1977. 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 Sikes stated that he did not bring his copies with him, and he would like to table these minutes until our next meeting. He said that he will make this a motion, 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 Riggs made a motion to pay the bills, being seconded by Councilwoman Webber. There were just a few questions to be answered. Upon roll call vote said motion CARRIED, 5-0. 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 Sikes. There were just a few questions to be answered. Upon roll call vote said motion CARRIED, 5-0. COMMUNICATIONS: The City Clerk read a letter from Chief Baugh requesting permission to attend the annual Florida Police Chief1s Conference to be held June 19 - 22 at Surfside Inn in Daytona Beach, Florida. Mayor Armstrong asked what we are talking about in money? Chief Baugh sa~d that last time he was given the money and he brought back what was left over. Councilman Dietz made a motion that we give him permission to attend ahd that we pay his expenses, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 5-0. o o The City Clerk read a letter from the Board of Governors in regard to Mr. Williams being the custodian at the Community Center, and the only custodian. If there are any complaints they should be made to the Board of Governors and not to Mr. Williams. Mayor Armstrong recommended that the Council concur with the Board of Governors feelings about this and make it'a matter of record. Councilman Riggs stated that he will make this into a motion, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. The City Clerk read a letter in regard to the City of Edgewater being included in the bus service which will be offered to New Smyrna Beach this summer. Mayor Armstrong explained that we left the door open for them to negotiate with us if they wanted to include Edgewater in this. He feels that they should make a proposal to us in regard to including us. Councilman Dietz stated that we talked with a man about this before he went on vacation and we found that the cost would be tremendous. He stated that the bus was going to go to the Florida Shores entrance and turn around and go back. This is not going to benefit the people out in that area. He feels that we can come up with something more feasible and that will benefit all the people. Mayor Armstrong agreed that this is not the answer to the problem. The City Clerk read a letter from Gertrude I. Karrer, Realtor, stating that they have exclusive listing on the Brown property and they would like to sub- mit this to the City of Edgewater. Mayor Armstrong stated that this property is probably more valuable to the City than to anyone else. He recommended that Mr. Sikes contact Mrs. Karrer and talk to her further about this property. This was agreed upon. AUDIENCE MISCELLANEOUS: Mrs. Rich was given the floor. She stated that she has decided that she needs a new water meter. She explained the history of all of her water bills since she has lived here. She stated that now that they have put in this new meter she has used more than 2,000 gallons of water already this month which is im- possible. She wants the meter taken out. Councilman Riggs suggested that in order to get things straightened out, he recommends that this meter be changed and one put in and checked. Councilman Dietz explained why these older meters were taken out and how it was done. It was found that the older meters were not working correctly. Tape lB There was some conversation with Mrs. Rich about this. Councilman Dietz asked if she would give us a little time to let the meter check itself out. If there is a discrepancy we will give her credit for it. Mrs. Rich stated that she does not want credit, she wants a new meter. Councilman Riggs broke in and made a motion that we change this meter. Councilman Dietz stated that this is a brand new meter, and they are guaranteed, we will give her credit, but let's let the meter check itself. , Mayor Armstrong stated that we can not argue about this meter all night, if there is no second to the motion, the motion DIES. It should show on the record that Mrs. Rich requested a new meter. -2- o o Mr. Cartee was given the floor. He stated that for 3 months Government Builders has been trying to purchase 10 building permits. Due to a gross breakdown in communications we have been unable to do this. He explained that last Wednesday night the Board of Adjustments was either suppose to grant or deny variances on certain lots in Highland Shores. During this time one of the members had resigned, and one of the members stated that he could not vote due to a conflict of interest. According to the by-laws of this board they could not vote unless they had four members so they postponed us until June. Mayor Armstrong stated that he fails to find this in the by-laws. It says 4/5 majority to pass. We are not talking about 4/5 of five people, we are talking about 4/5 of a quorum. Mr. Cartee explained never the less, they did not vote, and if they do not vote on June 8th for some reason, one of the members already said that he will not be here for a couple of months. He wonders if there is some way around this board, and perhaps the Council can make a decision? Councilman Dietz made a motion to instruct the City attorney to look into this matter and if it is like the mayor has said, the City Clerk should instruct the Board of Adjustments to call a special meeting and handle this discrepancy. Mayor Armstrong stated that he does not believe they can call a special meeting for a Public Hearing that was recessed until June 8th. It will have to go to June 8th. He explained that he looked into this today and he looked in Ordinance 880 and in their by-laws; nowhere does it say that it takes 4/5 of five people. It takes a 4/5 vote of who are there. Councilwoman Webber stated that the board has asked us to change this. Attorney Woods stated that he thinks that if it is not clear, it should be redrafted so that it will be clearly a majority of the quorum present. Mayor Armstrong stated that he does not understand why the Public Hearing was not continued the other night with the three members. There was discussion about the member of the board who abstained from voting. Attorney Woods explained that he could have voted on this if he filed the papers. Mayor Armstrong stated that we have a motion on the floor for the attorney to go ahead and investigate this, Councilman Riggs seconded the motion. Upon roll call vote said motion CARRIED, 5-0. Councilman Dietz stated that if this takes a change in the Ordinance he thinks we should go ahead and instruct our attorney to go ahead and prepare an emergency Ordinance. He made a motion that we instruct the attorney to find the discrepancy and prepare an emergency Ordinance to be presented to the City Council Mayor Armstrong explained that we can't do this because there are only certain months that we can change Ordinance 880 and we must have a"Public Hearing to do this. Attorney Woods stated that he believes there is an emergency provision that will take care of this. Mr. Taylor was given the floor and he read from the Ordinance about the 4/5 vote and also about the Council's vote to accept a recommendation of the board. Councilman Dietz stated that this should all be changed to a majority. Mr. Taylor explained that the Zoning Board members have looked this over and they found that every other City in the area has it this way, that is the 4/5 so it is not common to be different. -3- o o Mayor Armstrong agreed that this is a problem. The City Clerk read from the Ordinance in regard to the changes to the Ordinance . and when these changes can be made. Mayor Armstrong asked for a roll call on the motion to have the attorney draw an emergency Ordinance if he thinks it is necessary, upon roll call vote said motion CARRIED, 5-0. RESOLUTIONS: RES. NO. 719 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA ACCEPTING THE BID OF HUGHES SUPPLY OF DAYTONA BEACH IN THE AMOUNT OF $8,474.20 FOR THE PURCHASE OF TWENTY FIVE HYDRANTS FOR THE CITY OF EDGEWATER, FLORIDA, OBJECTING ALL OTHER BIDS, AUTHORIZING THE MAYOR AND CITY CLERK TO ENTER INTO A CONTRACT WITH HUGHES SUPPLY OF DAYTONA BEACH FOR PURCHASE OF SAID FIRE HYDRANTS, RE- PEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. . Attorney Woods read this Resolution in full. Councilman Sikes made a motion that we table this until our next meeting, there was a rental fee involved and it was discussed, but it was not resolved yet. Councilman Dietz stated that he has a recommendation from Mr. Kuyk not to purchase these hydrants from Hughes Supply because the total bid was only $143.00 difference, but if we purchase the plugs from Hughes they will not be compatible with anything we have and we will have to buy a whole new set of repair tools and wenches to service these plugs. It will cost us about $400.00 to make the repairs on them. It was explained that this had previously been tabled until June 6th. Tape 2A RES. NO. 720 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ACCEPTING THE BID OF ALFRED SMITH FOR THE PURCHASE OF SHELL, REJECTING ALL OTHER BIDS, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE ANY AND ALL CONTRACTUAL DOCUMENTS WITH ALFRED SMITH FOR THE PURCHASE OF SAID SHELL, 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 Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. At this time there was some discussion about the crossing at Hardin Place ORDINANCES: None OLD BUSINESS: Mayor Armstrong stated that some time ago the Library Board requested a projector and screen. We tabled this until we got our next budget report. He feels that we should now authorize them to order this. There was discussion about this equipment. Councilman Dietz asked where the funds will come from. There were questions as to whether this equipment could be purchased for less. Councilman Sikes suggested that we could purchase this out of General Fund monies. Actually then, it would be under our control but it would be kept at the Library. Mayor Armstrong recommended that we take it out of our Emergency Contingency Fund and put it out on loan to the Library Board for educational purposes. -4- o o Councilman Sikes stated that he will make this a motion, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. Councilman Riggs stated that we can take care of every request for street lights that we have. Some of the requests dated back to 1975, and he checked them out, they are lighted now. If we go the full route we will have to have five posts. He explained that there is one request for a pole in the middle of a block and he will suggest that we not do this because there are lights at each end of the block. All together he has eighteen requests. There was discussion about the requests. Councilman Riggs stated that he checked the locations both in the day and night to make sure that there is a need. There was also discussion on the budget in regard to street lighting. Councilman Dietz stated that if we set one mill as a lighting, this is going to take away from the $25,000 out of the budget, so we could cut the General Government millage by that much. As the City progresses and more homes are built the valuation in the dollars that we have is going to be greater and we will have a greater income on that 1%. This will take care of additional street lighting as we go along. This way it would be fair to everybody. Mayor Armstrong stated that according to the Charter Government the City is suppose to be authorized to levy millage for ordinary and necessary expense of the City over and above that which is anticipated income. One mill is not going to cover what we are getting now. The fact is we need this money in order to maintain a lower millage. He does not think that there is any way we can tack it town to one mill. Councilman Dietz stated that doubling our street lighting in the City would solve all of the problems. Mayor Armstrong stated that he does not see where we need to double the street lighting. Councilman Sikes stated that eighteen has almost taken care of the requests. Councilman Dietz stated that he knows that there were thirty five requests that were not put in the file. He stated again that if we could solve this by having a certain amount of money set forth for street lighting, then as the City was to grow we would have the money there to add more lights. Mayor Armstrong stated that the next item is for Mr. Dietz to report on the computer. Councilman Dietz stated that he has discussed this with Mr. Woods and he feels that we change the Ordinance that states that all purchases made by the City have to be made by a competitive bid, but change it to where it does not eliminate the fact that when we have only a single source, a sole source of supply. In the purchase of this computer from May, Zima; they are not in the position to bid and they have the one that is the best for the City. We solicited the aid of Mr. Walls and he has concurred with this. The only way we can get around this is to change the Ordinance. He recommended to the Council that we instruct the attorney to draw up and Ordinance changing this. He said that he will make this into a motion. Councilwoman Webber seconded it. Mayor Armstrong stated that this is not an Ordinance. We are changing the Charter. Councilman Dietz stated that he might add that this does come under House Bill 1040, and it is a recommendation of the Attorney General's office that this would be the most reasonable way to take care of this. -5- o o Councilman Dietz gave the Mayor a copy of the letter from the Attorney General and Mr. Woods. Mayor Armstrong stated that he received a copy of this letter. At the request of the audience the City Clerk read the letter. Tape 2B Mayor Armstrong stated that he did not come prepared for this because he did not know we would be discussing it, but he has numerous copies of letters from various attornies whose opinions are not the same as this one from the Attorney General. We shouldn't change the competitive form of bidding. Attorney Woods stated that he is not suggesting that we change the competitive bidding, he is saying that there are certain ways that we can go to sole source procurement. This is what he is suggesting to the City. Mayor Armstrong stated that he just wants to be sure that we are right. Councilman Sikes stated that we need to do what we can to get the services of May, Zima because the next figure that we had was about $30,000 more and this is not even giving us everything May,Zima will. Mayor Armstrong asked for a roll call. Upon roll call vote said motion CARRIED, 5-0. Councilman Sikes stated that he would like to make a motion that we accept the resignation of Mrs. Marie Nichols from the Board of Adjustments and that we write a letter to her thanking her for the services rendered in the past, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. Mayor Armstrong stated that we should have some nominations for this vacancy. Councilman Dietz suggested that the attorney draw up a Resolution in blank and we will fill it in. Mayor Armstrong stated that just last week we told the people we would not do things this way, he knows it is important that we get a member on the board, but let's don't have a fued. NEW BUSINESS: Mayor Armstrong stated that we have a bill from Briley, Wild and Associates. The City Clerk read the bills, which were in two sets. All together they total to $3,446.09. There was discussion about the contract that we have with Briley, Wild. Councilwoman Webber stated that our contract expired and we no longer have a contract with them. Mayor Armstrong stated that he thinks this was renewed. bills and explained what we do owe them. Councilman Dietz stated that he does not think we should pay them until the generator is in and connected and tested. He added that if we look back we will find that the contract that was entered into was for the construction of the Sewer and Water Plant and does not have anything to do with the general maintenance of our Water and Sewer Operation. We are not obligated to them in any way under a long term contract for maintenance. He went over the Mayor Armstrong stated that he knows that they came up with a contract that we would not find. There was more conversation about the contract that was entered into in 1973. -6- o o The City Clerk explained that if the Council will o.k. these bills she will bring them back to the Council before the checks are written, but they have to go to Mr. McGough. We have to get his o.k., then she will bring it back to the Council again. Councilman Dietz made a motion that we approve this, so the City Clerk can send this to Mr. McGough for approval and bring it back to the Council, and pay the.$488 bill, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 4-1. Councilwoman Webber voting NO. Councilman Dietz stated that we paid $13,000 for a stand by engine and we had to disconnect it because it was causing the motor to vibrate. He thinks that is an inefficient way of doing things. There have been some corrections made, but he would rather wait and get with Mr. Kuyk before we pay all of the bills. He explained that we need some kind of alarm system that will let us know when the blowers go off. We are looking into who we will have to get to do this. Mayor Armstrong stated that we could pay change order #6, but not #7 until after we talk about it again. The Council looked over the papers from Briley, Wild again. Councilman Dietz made a motion that we go ahead and pay #6 in the amount of $4,191.55, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 5-0. The City Clerk stated that she has one more bill from Freeman, Richardson, Watson, Slade, McCarthy and Kelly, who are the bonding attornies in Jackson- ville. They would like $1,476.21. She read the breakdown on this bill. Councilman Dietz made a motion that we pay this bill, being seconded by Councilman Riggs. Tape 3A There was some discussion on this, and about the money that was paid to Joe Weaver on this matter as attorney's fees. Upon roll call vote said motion CARRIED, 5-0. MISCELLANEOUS: Mayor Armstrong stated that there was some discussion about making a change in the terms of the Council members. He added that he was asked about it and he said that to avoid the long delay if it was drawn up and passed to change this by Ordinance subject to being ratified by the voters, as far as he is concerned they can elect the Mayor, Zone 1 and Zone 3 for one year. Then one year later elect them all. Councilman Dietz stated that he agrees with this. Councilwoman Webber stated that she does not agree, because the first year on the Council you are just learning, then the second year you are really getting into it. She does not approve of everyone on the Council being new at one time. She feels that the terms should be three years. Councilman Dietz stated that he does not think that the entire Council would be removed at one time. There was discussion about having the City election at a different time than the Presidential election. It was explained that this will be the decision of the people; it will be put on the ballot and voted on. After further discussion, Councilman Dietz made a motion to instruct the City attorney to draw up an Ordinance stating the fact that we want put on the referen- dum the change in the voting in the City of Edgewater be done on the off year of a Presidential election, and that the first year should be an affirmative vote in agreement that the Mayor, Zone 1 and Zone 3 would be for a one year term of office, -7- o o and the succeeding years thereafter would be for two years for all offices. being seconded by Councilman Sikes. Mayor Armstrong asked the audience what they feel about this. Most of the comments were that they don't feel it would be right to have an entire new Council at one time. Mayor Armstrong and Councilman Dietz explained that a recall could change the entire Council at any time. Councilman Dietz stated that what the Council is doing tonight is letting the people decide how they want their government run. If this is not a fair way to do it he does not know what is. We should not take the word of a few people in the audience. We should have a vote of the entire City. Mr. Christy stated that putting this on the ballot is only giving the people one idea, you should give them another idea to look at. like the three year term. Mayor Armstrong asked for the roll call. Upon roll call vote said motion DIED. Councilwoman Webber. Councilman Riggs and Councilman Sikes voting NO. Councilman Dietz stated that there is something else that he would like to get on the ballot this year if he could, and that is the paving, sewer and water of Florida Shores. He does not know how we go about doing this, but Briley, Wild is going to give him a tentative figure on what it will cost on a front foot basis. Mayor Armstrong stated that if Briley, Wild can give a tentative figure based on a break down on various areas of Florida Shores we can make a decision on this. Councilman Dietz stated that the Florida Shores residents have told him that they want this. He explained that he just wants to bring this up to the Council so they know that we are considering this and we can all be thinking about it. Mayor Armstrong explained to the audience that this is another matter that we want to put on the ballot to see what the citizens want.' There were several comments from the audience. ADJOURNMENT: Councilwoman Webber made a motion to adjourn, being seconded by Councilman Sikes. Said motion CARRIED. MINUTES TAKEN BY: Sue Bl ackwell Debbie Sigler ATTEST: i~l:rk Approved this 12-~7'a~~ ~~ Myor ;' ~ ~?;; 7. 9pdA/ ~ Counc'i oman r- ()' r0C /L.') -vr~ ti6 6 day of -8-