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05-23-1977 - Regular ~ o o CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD May 23, 1977 Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater, Florida, to order Monday, May 23, 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 Excused Present Present Present INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES None 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 Council- woman Webber. There were various questions answered about these bills. Upon roll call vote said motion CARRIED, 4-0. Mayor Armstrong read the total of the bills in the Water and Sewer account Councilman Riggs made a motion to pay the bills, being seconded by Council- woman Webber. Upon roll call vote said motion CARRIED, 4-0. COMMUNICATIONS: The City Clerk read a letter from the Humane Society in regard to the Animal Control Officer. They feel that an area wide officer is necessary. There were complaints about the audience not being able to hear anything that was being said. The microphone system was worked on. Mayor Armstrong went over the communication again for the audience. He stated that he feels we should wait and see what the other two agencies that were contacted about this do before we make a decision. It is a possibility that we will all get together and discuss this problem. o o The City Clerk read a letter from Marie Nichols resigning from the Board of Adjustments. Councilman Riggs made a motion that we accept this resignation, said motion died for a lack of a second. Councilman Riggs stated that he hates to lose this lady, but if she wants to get off of, the board he thinks that this is the proper thing to do. Mayor Armstrong stated that the motion DIED, and the communication is to be tabled. The City Clerk read a letter from Earl F. Wallace in appreciation to the Police Department and a special emphesis to the detective department for their services in connection with the death of his brother James Wallace on April 29, 1977. Mayor Armstrong stated that this letter should be forwarded to the Police Department for their records. The City Clerk read a letter from C. Fred Jones, Florida House of Representatives to Mrs. Webber in reference to her letter concerning House Bill 1601 relating to the M.P.O. This bill passed the house, and still must clear the Senate Govern- mental Operations Committee and the Senate Committee on Economic Community and Consumer Affairs. He explaines that this bill may not pass unless it is with- drawn from these committees. Councilwoman Webber stated that she wrote to Mr. Jones because he showed his interest in giving all of the municipalities some voice. She added that now we need some letters from the citizens and all interested people to these com- mittees so that we can get some representation. Mayor Armstrong agreed that if we can get some letters and stir up some interest it would be a good idea. The City Clerk read a letter from Don Wanstall, Manager of the Grants and Management Section of Briley, Wild and Associates to Mrs. Webber, in regard to a solution to the radio communication problem. Councilwoman Webber spoke to the Council about this, explaining that the noise from other stations was so great that the men could hardly hear their own calls. She suggested that we get some kind of equipment to overcome this problem. Mayor Armstrong stated that this is going to be an expensive thing because this is allover. The City Clerk stated that the next item was passed out for information. It is a fact sheet concerning the highlights of the Public Works Employment Act of 1977, which was signed into law on May 13, and the time table. This is on file at City Hall. The City Clerk stated that next is a request from Mr. Frank Hall to be annexed into the City. Attorney Woods stated that he spoke to 'Mr. Harrington in Deland about this and we will still have to go through the procedure of passing an Ordinance to annex this particular piece of property. After passing this Ordinance, it will then be submitted to the County Council for their approval. He was not given any idea of how the County Council would decide. It is up to the City as to whether they want to annex this property, then pass an Ordinance and it will have to be published once a week for four consecutive weeks. Councilwoman Webber made a motion that we ask our attorney to draw up an Ordinance showing our feeling and annexing this property into the City, being seconded by Councilman Sikes. Councilman Sikes asked about the legal description of the City and the legal description of this property. -2- ~ . o o Mayor Armstrong asked the attorney if the first order of business would be to pass a Resolution on the intent and hold a Public Hearing on the proposed annexation. Attorney Woods stated that the Statute states that after receiving a petition from the party, the Council can at any regular meeting adopt a non emergency Ordinance annexing said property, and redefine the boundary lines of the municipality to include said property. It also reads that this Ordinance must be published four consecutive weeks, and then this Ordinance is to be submitted to the County. He added that what we should do is get the legal description of Mr. Hall's property and decide how we are going to extend our boundaries. rape lB Councilman Sikes stated that he feels that before we make a decision about annexing a subdivision, we should see what kind of subdivision is planned. Mrs. Turner spoke to the Council that this was discussed at the Zoning Board meeting and a recommendation was sent to the Council about this. Mayor Armstrong explained that we are talking about two things at one time and we need to take care of them one at a time. First we have the annexation. We have no jurisdiction on that property until the County has waivered juris- diction and -we have properly annexed it. Then it comes under City zoning laws, which state that any subdivision must hard surface their streets and put in ample draining before they can be accepted as a plat. We should do first things first, which is the annexation. Attorney Woods stated that Mr. Hall told him that his engineers would be glad to come down and make a presentation to the Council. There was discussion about the location of this property and whether there will be property between his property and what is now the City's property that will not belong to the City. Upon roll call vote on the motion to draw an Ordinance on the annexation, said motion CARRIED, 4-0. The City Clerk read the Clerk's Cash Statement for April. The City Clerk read the General Fund Budget report, and the Operation and Maintenance report. The City Clerk read a recommendation from the Zoning Board in regard to Mr. Howard Talks request for an auto salvage yard. The request was unanimously denied at a Public Hearing held by the Zoning Board. Councilman Sikes made a motion that we accept the recommendation of the Zoning Board, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0. AUDIENCE MISCELLANEOUS: Mr. Random Burnett of the Cable Television was introduced and he spoke to the Council as a representative from Teleprompter. He explained that in 1970 a contract was entered into with the City of Edgewater to provide the cable television service 'for 15 years. In 1972 another agreement was entered into which set a target date of June 15, 1977 for Teleprompter to provide ser- vice to all residents within the corporate limits of the City of Edgewater. He explained that the company is not in a position to fulfill this obligation. They would like to work out something with Edgewater wherein they would extend their lines if a certain percentage of the families will subscribe to the ser- vice. -3- .. o o Mr. Barnett answered various questions about this, and he explained that another presentation will be made in a few weeks and more questions can be answered at that time. Tape 2A Councilman Sikes suggested that Mr. Barnett present to our Attorney or the Council his proposed amendment and then if we have any questions we can have him come before the group again. This was agreed upon by the Council and Mr. Barnett. Mrs. Turner was given the floor. She stated that she feels that it is time that this Council put politics behind them and work toqether as a Council. She said that she thinks that it is rediculous that a second can not be ob- tained to accept a resignation and a suitable, sincere replacement should be selected for the good of the City. She would like an explanation on the delay. Councilman Sikes stated that some of us did not know about this resignation until today and he would like to talk with her and find out why she wishes to resign. Councilwoman Webber stated that she feels exactly the same way. Mrs. Turner stated that to her the letter was perfectly clear; she said that she just doesn't have time to serve on the board. Mr. Gross stated that to him the letter was as clear as it could be. He has one question, can the Board of Adjustments work efficiently with only four members? He feels that the decision should be made immediately. Mrs. Murphy suggested that the Council listen to the minutes of the last Board of Adjustments meeting and this might give you the answer to why she is resigning. RESOLUTIONS: None ORDINANCES: None OLD BUSINESS: Robert Christy was given the floor. He asked if the Council has given any thought about the annexation of these different places, Aerial Road and out 95? Three years ago people had signed petitions, and Mr. Weaver was suppose to look into this. He wonders if we could start looking into this again. Mayor Armstrong stated that he does not feel that the City should go out and solicit people to be annexed into the City. It is up to the individuals to recognize the need and come to the City. There was discussion about different areas that are not annexed into the City. Mrs. Taylor stated that about six weeks ago the Council tabled a request from the Library asking for funds to buy a new projector. She would like to know if anything is going to be done. Mayor Armstrong stated that he received the report today that we were waiting on before we could discuss it, which will in all probability be on the agenda for our next meeting. -4- l . o o Mayor Armstrong asked Councilman Riggs if he has reviewed the shell bids and come up with a recommendation. Councilman Riggs stated that he spoke with Mr. Martine and Mr. Wilcox and they all visited both pits, and they came up with the idea that Mr. Smith will be more convenient and it will save the City more money by running the short distance to get the shell. Therefore this is what he will recommend. Councilman Riggs answered some questions from Mr. Taylor about this shell. Councilwoman Webber made a motion that we abide by Mr. Riggs recommendation and accept the bid from Mr. Smith, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 4-0. Mayor Armstrong suggested that we have a motion authorizing the attorney to draw up a Resolution on this. Councilwoman Webber made a motion to this effect, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 4-0. The City Clerk read a certification of bids on the fire hydrant advertisement. She opened the bids, and read each of them to the Council. There was some confusion and discussion as to where the Council decided pre- viously that they wanted to take this money from. Mayor Armstrong stated that we have a Public Hearing scheduled for May 26 on Federal Revenue Sharing and he recommends that we recess this meeting tonight until that time and that these bids be tabled until then. This was discussed and it was agreed that it would be better to table the bids until ,next Monday's meeting. Councilman Sikes made a motion that we table these bids until the meeting Monday, June 6,1977, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0. Attorney Woods stated that he received our bonds for the Sewer Project and the necessary paperwork which has to be executed and sent back. He would ,like to leave this with the City Clerk to obtain the proper signatures. Attorney Woods stated 'also, that he has run into some problems on this Ordinance with the three new classifications in the B-2 Zone from 21st Street to 30th Street. The hang up is in the definitions; what is a Mini Shop? He explained that the Zoning Board is having a meeting tomorrow night to try to come up with something that he can use for Mini Shops. He will speak to the Zoning Board at length if necessary to get this resolved. The City Clerk stated that she will look back through the Zoning Boards minutes and come up with what they discussed on this before. Mr. Taylor explained that there are a lot of questions on this that have to be answered. The City Clerk explained that Mr. McGough came over and spoke with her about the interim financing that we have with the bank and what they required from us. She said that Mr. McGough could not explain to her exactly what they wanted, so she told Mr. Goodrich from the bank to get with Mr. Eldridge and when they find out what Farmers Home wants then we can set the closing. Attorney Woods stated that he spoke with Mr. Livermore and he was informed that we have to furnish Farmers' Home Administration with two more copies of the bond validation proceedings. He would like the authority from the Council to go ahead and order them from the Court Reporter. Mayor Armstrong stated that if we have to have them, we have to have them, so he should go ahead and order them. -5- o o NEW BUSINESS: Mayor Armstrong stated that we have a bill for the new police cars in the amount of $13,662.00. He asked what this will be charged to. The City Clerk stated from the General Fund account. Councilwoman Webber made a motion to pay the bill, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 3-1. Mayor Armstrong voting NO. Mayor Armstrong read a list of vehicles that the City would like to dispose of. He asked Councilman Riggs if he is proposing that we advertise for sealed bids on this equipment? Councilman Riggs stated yes. There was some discussion on this. Councilman Riggs made a motion that we advertise for bids, the bids to be back on June 13, 1977 by 4:30 P.M., being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0. The City Clerk reported on the Youth Work Experience Program. She explained that it is the same as we had the young man hired last year. All of the re- sponsibility for their pay is up to Volusia County, all the City does is give them some work to do. There was discussion as to how many we are allowed to have. The City Clerk stated that she thought we would start with three and if we need more we can add them later. It was agreed to leave this up to the City Clerk to take care of. MISCELLANEOUS: Mr. Paul Walls was given the floor to report on his findings in regard to a computer system for the City of Edgewater. He stated that he did find out that you can purchase a computer, a monitoring system which will allow you to write your own program. Of course you would have to hire a program assistance man. You can lease programs as May, lima has recommended, however he has not been around to many places due to his work. He did spend quite a bit of time with May, lima and he got a good oppportunity to look over the system that they have to offer, and he would say that it will work very well for the City. He will say that they are the best people in the world to write your programs because they know your business. The one problem that he couldn't understand was the fact that you could not do anything to the program, and you were stuck if anything happened to the executive branch. He said in talking with them he found that the biggest hold back and the reason for the leased program is the security of it only. He understood that in the event in the future the Council gets angry with or something happens with May, lima and the City's relationship that they could walk off with the whole thing. He found that this is not true, and it is written in the contract that if they leave the picture the program will belong to the City, but they are not to be given away. This would be satisfactory. He added that if the Council wishes him to go further in investigating the various computer systems they will have to wait until he finishes teaching school on June 22nd. He stated that in order to go out on bids, if that is what the Council wishes to do, then he should write to various places and get an overall idea as to what the City should have. Councilman Sikes asked Mr. Walls, based on his knowledge with other computer systems and the figures that have been given to us, is he in the position to make a recommendation? -6- o o Mr. Walls stated that the best bet is to go solo sort justification because he does not think that you can beat the price. He explained that buying a computer to program yourself would be expensive and he does not think that you could afford an ana1yist and program because it will cost $15,000.00 per year minimum. He would suggest that the City ask for proposals on this instead of actual bids. Attorney Woods stated that he is waiting for an opinion from the Attorney General in regard to this right now, because he does not know how to advise the Council. He can only work within the framework of our Ordinances which say that we go out for bids on anything in excess of $2,000.00 unless it is for a service, but we are going to spend $25,000.00 to buy a piece of hard- ware that will become property of the City. He added that he would like to table this until he gets this answer from the Attorney General. rape 3A Mayor Armstrong asked for any other business under miscellaneous? Councilman Sikes stated that last week we discussed Memorial Day as a holiday --for the emp10yees.He checked with New Smyrna Beach, and they are giving all of their employees the day, with the exception of the Fire and Police Depart- ment. They have eight holidays per year. He said that we have some good employees and he would like to make a motion that we observe Memorial Day by allowing City employees to be off. Mayor Armstrong stated that this is not one of our holidays. He added that the Ordinance reads that we have to pay the working employees more if they work on a holiday, and we should not violate the Ordinance. Councilman Sikes stated that he feels that our employees should be treated as well as New Smyrna's. Mayor Armstrong stated that we have created a problem by not adding this as one of our holidays. He asked the attorney if we can amend the Ordinance to do this. Attorney Woods stated that he does not see any way that you can do it. Councilman Sikes stated that we will just pass this up and think about it at a later time. He asked if we will have a meeting on Monday night? Mayor Armstrong said that we have an Ordinance that says that we don't have meetings on holidays, but this is not one of our holidays. Councilman Sikes' motion DIED from the lack of a second. RECESS: Councilman Sikes made a motion to recess this meeting until Thursday, May 26, at 7:30 P.M., being seconded by Councilwoman Webber. Said motion CARRIED. MINUTES TAKEN BY: Sue B1 ack\'Jell Debbie Sigler ~ ~ ~T: /;J.) ity Cler~~, Approved this ~day of ~,~ ~~ -7 -