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05-26-1977 - Recessed/Regular ,. Q u CITY COUNCIL OF THE CITY OF EDGEWATER RECESSED MEETING HELD May 26, 1977 Mayor Armstrong called the recessed meeting of the City Council of the City of Edgewater to order Thursday, May 26, 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 Lt. Norman McCall Present Present Present Present Present Excused Present Present INVOCATION SALUTE TO FLAG BILLS AND ACCOUNTS: None APPROVAL OF MINUTES: None COMMUNICATIONS: None AUDIENCE MISCELLA NEOUS: Mr. Taylor was given the floor. He asked about the speaker system being fixed so that the audience can hear what is going on. Mayor Armstrong spoke with him about this, explaining what the problem is and stating that something is going to have to be done about it. He added that even the tapes of the meetings are not clear. Mr. Fredericks was given the floor. He asked about going back to the workshop meetings before the regular meetings. He mentioned the matter of a member of a board resigning and the letter coming straight to the meeting. It was tabled because the Council wanted to talk to this lady. If we had had a workshop this would not have happened. Councilman Dietz stated that this amounts to the same time. It was brought up at one meeting and will be decided upon at the next. Mr. Fredericks again complained because the audience does not know what is going to come up at the next meeting. Councilman Dietz stated that a workshop is only a preliminary re~etition of what you are going to do on the meeting night. There are no laws passed at any Council meeting, without discussion and knowledge of the Council. j o () Mr. Fredericks also asked when the agenda is made up? Councilman Dietz answered the day of the meeting. Mr. Fredericks spoke further on this. He feels that the public should know what is going to be discussed at the meeting before they get to it. Mr. Gross was given the floor. He stated that the Board of Adjustments had asked for the privilege of having the City attorney sit in on one of their meetings. They had several questions to ask the attorney, these questions pertained to the other boards in this City. He feels that this information should be at least given to the other boards so that they can benefit by the money we are spending. We paid the attorney for this information. Councilman Dietz stated that he believes there are minutes taken at those meetings and they are public records and if the other board members want a copy they are welcome to it. Mr. Gross stated that the questions and answers are not in the minutes. Councilman Dietz stated that the point is when minutes are taken of the meetings, the pertinent points of the meeting are suppose to be in the minutes. He asked Mr. Gross if he read the minutes. Mr. Gross stated that he did and he did not find any of the information about the questions that were asked of the attorney. He feels that some of the things about the Sunshine Law and such will benefit the other boards also. Councilman Dietz asked if the Council received a copy of these minutes? There was discussion about this. The City Clerk explained that she believes these minutes were already done and copies made. Councilwoman Webber stated that the Planning Board had requested that they be kept informed of what the other boards are doing. She asked the clerk about this, and she was told that copies have been put in their files all along. The City Clerk stated that there was a complaint of this sor.t this week, and she herself took the file apart and the minutes were in the file, they just did not bother to open it and read them. Mayor Armstrong stated to answer Mr. Gross's question, if he has been given a copy of the minutes, he has not yet read them. However he did attend that meeting, and the attorney did not answer all of the questions. There are a number of things that he has to research. He added that he understands that the chairman of each board is to get a copy of the other boards, and this wi 11 be done. RESOLUTI ONS : None ORDINANCES: None OLD BUSINESS: Mayor Armstrong stated that we have one item brought to our attention by the City Clerk, which has been brought to his attention for weeks by other people. This is about the garbage collection business. Councilman Riggs stated that he has had a number of complaints, and he has checked them out. Also another complaint is that these people are tearing up our streets with their trucks. He wants this known. -2- o o Councilman Sikes stated that in some areas these men are out at 6:00, and the contract says that they will go out at 7:00. There are some areas that you don't dare put your garbage out over night because of the coons, and dogs that will tear it up. They can not come by at 6:00, they have to abide by the con- tract which says 7:00. He said that reading the letter that the City Clerk wrote to us, he can see no way that they will turn over the title to that equipment to us because there are existing liens on that equipment. There was more discussion about the service that we are getting. Councilman Sikes made a motion based on the recommendation of the City Clerk that we advise our attorney to write to Tomoka in regards to the violation of their contract and to bear up the fact that there are penalties involved and we intend to collect those penalties and to refer him back to the coordinator Mr. Riggs, and our mayor for a conference if this becomes necessary, being seconded by Councilman Dietz. There were some more comments about the garbage cans being destroyed and the time that the garbage is picked up in the morning. Upon roll call vote on the motion, said motion CARRIED, 5-0. Mayor Armstrong announced the Public Hearing on Federal Revenue Sharing allocation EP 8, $39,142 a month interest earned on the investment and the unappropriated amount of $55,131.27 for a total of $95,052.29. This is the same amount of money that we previously discussed at a hearing on April 11th. This is the public's opportunity to make an input to the budget appropriation in the amount of $95,052.29. Councilwoman Webber stated that she is satisfied with the appropriations as they were made before. Councilman Riggs stated that he would like to see a little more money for equipment and in the street paving. We are getting a lot of complaints on the streets and we do not have enough equipment to do the work with. Councilman Dietz stated that we appropriated $25,000,00 about nine months ago for paving, and we just appropriated $24,053.00 more. He asked if any- thing has been accomplished in the last five weeks? Councilman Riggs stated that we have purchased over $4,000.00 worth of shell plus we've got black top to do the surface with. He explained that they are patching with black top. There was some more discussion on this. Mayor Armstrong stated that we had $15,000 here to buy police cars, and the checks have already been written. Councilman Dietz asked where this money came from? Mayor Armstrong stated that it was taken out of General Revenue somewhere, he thinks it was the Garbage Department or something. Councilman Dietz asked if it was not the intention of the Council to replace that money? We didn't borrow that money in other words? Councilman Sikes stated that it was his understanding that we could let this ride as it is and then at the end of the year it could become surplus money. He corrected himself and said no, that would not work. The City Clerk stated please let it ride as it is now. You will have some money that you will receive next year and then you can reappropriate this money. If you start switching it now you have to go back to the first step and start allover again. We need to get this money appropriated, obligated because we sure don't want to have to pay it back at 125% or something like that. -3- o o Councilman Sikes stated that we can leave it in this account and although it won't be spent it can stay in there for two years and could be reappropriated. The City Clerk stated that this is true, or you can do it in the fall when you do the appropriation for next year. She went over the procedure that has to be followed if it is reappropriated now. Mayor Armstrong stated that this sews it up. He explained that it would take about 45 days to get this money if we needed it. Councilman Sikes stated that as far as setting up perhaps for equipment, we could just knock this out of the budget. Mayor Armstrong stated yes, it is there. We do need working equipment. We have the shell if we had a piece of equipment to dig with. There was discussion about what type of equipment we could use, and about the shell that is going to be ordered. Councilman Sikes stated that Mr. Smith is bringing a lot of his equipment down to this area, and we might find it less expensive to lease out some of this equipment. Tape 2A Councilman Riggs stated that if we do this it will mean someone else will have the responsibility and expense of maintaining the equipment. He will talk with Mr. Smith about this and bring a report back to the Council. Councilman Sikes asked if there is any way we can designate the $15,000 in a way that it wouldn't be tied up for equipment, but perhaps for capital improvements. Mayor Armstrong stated that he would rather see the money freed up so that it could be appropriated a month or two from now. Councilman Sikes stated that he understands that we have to designate it in a certain area, so how can we free it up? Mayor Armstrong stated that you have 24 months to obligate it from the time you receive the money. Mayor Armstrong stated that he would propose that we would obligate all of the money except that one $15,000, and leave that as unappropriated money. Councilman Dietz asked if we can break up an instrument like that, using only a portion of it? Mayor Armstrong stated that you can use as many portions as you want to. Mayor Armstrong stated that we might want to use this for equipment, however we might find something more important than equipment and rent equipment instead of buying it. At this time Mayor Armstrong went over the results of this discussion with the audience, explaining what they are proposing. There were some questions from the audience which were answered. One question was asked about the speaker system and a question about the shell. Councilman Sikes asked Mayor Armstrong to let us get one thing cleared up and then we can discuss the speakers and then the shell. We are jumping allover the place. Councilman Sikes made a motion that we instruct the attorney to draw an Ordinance amending the Notice of Budget Hearing pertaining to the Federal Revenue published in the New Smyrna News and Observer on the 8th of May, amending that part as pub- lished pertaining to the capital expenditures, Police Department $15,000, to read -4- o o unappropriated monies $15,000. This coming from monies due through Federal Revenue Entitlement VIII, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 5-0. Councilman Riggs stated He explained that there does a lot better job. in a certain area. that we have to do something besides shell these roads. is a base that can be put in with this shell and it He would like the Council IS permission to try this out Councilman Sikes explained that we arenlt going to go anywhere with the monies that we have. We should put it to a vote and let the people decide whether they want to go into a paving program in the Florida Shores area. Councilman Dietz stated that the Florida Shores Home Owners Association have voted that they are in favor of a front foot assessment for water, sewer and paving. If this is put on the ballot it will pass. He thought we agreed to put this on the ballot. We had a tentative bid from Briley, Wild of $37.00 a foot, which would cost each home owner $18.50 per foot. This would put in water, sewer and pave the streets. He added that doing all of this at one time is the only right way to do it. If we go out and pave the streets, then it would be futile, because we would have to tear up the streets to put in the water and sewer. Councilman Riggs asked the Mayor about who is responsible for repairing the road where the contractor at Coronado Paint dug it up. Councilman Dietz stated that this is the contractorls responsibility. There was a question from the audience as to whether the paving program in Florida Shores would make the taxes go up? Councilman Dietz stated that this will be on a front foot basis so the expenses would be born by the people who own the property directly in front of where the lines go. Mr. Gross questioned what about the people in that area who can not afford this? Councilman Dietz explained that there is more to this; there was a law passed that all subdivisions within corporate limits of any city will be restricted with a certain number of septic tanks allowed. We are fast approaching the limit in one area already. We are going to be forced to put the water lines in. It is either going to be for the tax payers of all of the City or it is going to be on the people out there. He stated that the people out there have indicated to him that they are willing to do this. At this time Mayor Armstrong read a notice which was handed to him stating that we are going to have terrific rain storms. He asked that we get on to the next item of business so that we can get home. He stated that Briley, Wild has asked for permission to get surveys around pumping station #4 for the purpose of planning a road up there. Councilman Sikes made a motion that we authorize the engineers to get the necessary surveys in preparation to building a road around the lift station, being seconded by Councilman Riggs. Councilman Dietz stated that back in 1968 this same thing came up, it was checked out and we found that we have a ten foot easement into the lift station and there is a twenty foot easement around the lift station. These papers were a matter of record and on file in City Hall, if they have been lost he thinks that it is time for this City Council to have an investigation and find out where our papers are and find out what is happening to all of our papers. He added if you remember at the time, Mr. Mayor, you asked us to move the pump -5- . . o o and the station so that you could get a road down through there. Mayor Armstrong said that he has no report to make to the City Council. is resolved. The others are trying what you did in 1968. comment to make about it at all and no It will remain as it is until this thing to do that; you are trying to do exactly Councilman Dietz asked what we did in 68? We proved that we did own the right-of-way. Mayor Armstrong stated hid the papers and 1 i ed about it. Councilman Sikes called for the vote. Upon roll call vote said motion CARRIED, 5-0. Mayor Armstrong stated that he hopes we can resolve this matter beneficial to everybody, once and for all, and there won't be any more problems with it. Councilman Dietz asked if he denies that we have a right-of-way? Mayor Armstrong stated a ten foot, and that is what you have now. There is no question about that, he has never denied the right-of-way, then or now. Some comments were made from the audience, and Mayor Armstrong stated that he does not wish to have a discussion on this, he just wants the Council to decide what to do, and he will go along with what is right. Tape 2B After more comments, Councilman Sikes stated that he made the motion because we have a ten foot right-of-way that is not sufficient to take a truck down to do the repairing on the lift statibn that handles the pumping of the sewer in the Highland Shores area. There is a mistake that has been made so we need to correct it; the Mayor has indicated because of the fact that he owns the surrounding land that he is willing to give to the City, because as he just stated tonight being the Mayor he can't sell the City anything, the necessary land to complete sufficient access to the lift station. He asked the Mayor if he is correct. Mayor Armstrong stated yes. More comments began... Councilman Sikes made a motion to adjourn the meeting, being seconded by Councilman Dietz. Said motion CARRIED. MINUTES TAKEN BY: Sue Bl ackwell Debbie Sigler 1i'4~?~-->" M yor ATTEST: ~k.U ~/ ity Clerk Approved thi s /3 ~ of Councilwoman June, 1977. -6- ws / ~ ~ ~ '"