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05-16-1977 - Regular , . Q u CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING HELD May 16, 1977 Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater to order Monday, May 16, 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 Excused Present Present Present INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES: Councilman Sikes made a motion to approve the minutes of the meeting held May 2, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0. Councilman Sikes made a motion to approve the minutes of the meeting held May 9, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 3-1. Mayor Armstrong voting NO. BILLS AND ACCOUNTS: Mayor Armstrong read the total of the bills in the General Fund account. Councilwoman Webber made a motion to pay these bills, being seconded by Councilman Sikes. Mr. Taylor asked a few questions about these bills, which the Council answered. Upon roll call vote on the motion, said motion CARRIED, 3-1. Mayor Armstrong voting NO. Mayor Armstrong read the total of the bills in the Water and Sewer account. Councilman Sikes made a motion to pay these bills, being seconded by Council- man Riggs. Upon roll call vote said motion CARRIED, 4-0. COMMUNICATIONS: The City Clerk read a letter from the Florida Shores Property Owners in regard to signs being posted for a fine for anyone throwing litter,and also that if nothing can be done about the unpaved streets, then perhaps something could be done about the speed limit. o .0 Councilman Sikes stated that we have an Ordinance against littering, and he thinks that the Police Chief should enforce this, and make a couple of stiff fines when it comes up. He also explained that we are going to be purchasing some more shell for the streets. Mayor Armstrong stated that the City Clerk should acknowledge the letter from the Florida Shores Property Owners and that this has been referred to the Chief of Police to enforce the letter of the law in regard to the littering and the speed. The City Clerk read a letter from the Board of Governors in regard to hiring Mr. Lester Williams as Community Center custodian, and that his pay will be $200 per month. Councilman Sikes made a motion that we accept the recommendation of the Board of Governors as far as hiring Mr. Williams as custodian and that we increase the salary per contract to $200 per month, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 4-0. The City Clerk read a letter from the Board of Adjustments asking that Section 901.04 of Ordinance 880 be amended so that the board's business can be conducted by quorum voting procedures instead of the present 4/5 rule. Mayor Armstrong stated that he would like to ask the attorney about this. Since this is incorporated into Ordinance 880 it is in our Zoning laws and we only have February, May, August and October that we can made any amend- ments to Ordinance 880. He is wondering about the constitutionality of requiring a 3/4 vote of an appointed board. It looks like a majority vote from any board would be all right to make a recommendation. Attorney Woods stated that he would be glad to look into this. Mayor Armstrong recommended that this be tabled until our next meeting and we can have a report from our attorney. Councilwoman Webber made a motion to table this until next week, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 4-0. Mayor Armstrong stated that a matter of report that Resolution No.77-3 was enacted by VCATS on May 11,1977 at 1:45 P.M. at the Courthouse Annex in Daytona Beach, which abolished in it's entirety the Policy Committee of VCATS. The M.P.O., appointed by the Governor of the State of Florida will be the controling body as far as our Traffic Planning Department shall be from here out. He stated that he would like to report also that we discussed at some length the By-laws of VCOG. All of the recommendations were voted down except the three that the By-laws Committee had previously recommended. Councilwoman Webber asked if the mayor is going to tell them why they didn1t adopt this? Mayor Armstrong stated that he feels that we are getting into personalities. The objection was raised by a County Councilman Mr. Benedict very vigorously of making any of the changes that we had recommended. One of the things was that the County wanted more than one vote. The County Council has one vote now, but they have several districts that it is included which they control' that has a vote each. There was some more discussion on this. AUDIENCE MISCELLANEOUS: Mr. Sanborn stated that there is a bad leak in the fountain over at the picnic area. -2- o o Mrs. Rich asked the Council about whether anything is going to be done about having a dog catcher in the Edgewater area. Also she made a complaint about the garbage cans being dumped around the streets, however she does not feel that an animal did this, unless it was a big dog. She would like to see something done about the stray animals. Mayor Armstrong stated that something should be done to the owners rather than to the dogs. Chief Baugh stated that he spoke with New Smyrna to see if we could use their dog catcher and the answer was absolutely not. He said that they would not be insured down here. Mr. Christy stated that instead of writing letters and going to people, he would like to inform the Council of their meeting on May 25th. He would like for the Council. to please contact their supervisors and have them at this meeting also together with all of the Council. The meeting will be at 7:30 in the Civil Defense room. RESOLUTIONS: RES. NO. 717 A RESOLUTION APPOINTING ELSIE WARD TO THE PLANNING BOARD OF THE CITY OF EDGEWATER, FLORIDA, SETTING FORTH THE TERM AND PROVIDING AN EFFECTIVE DATE.. rape lB Attorney Woods read this Resolution in full. Councilwoman Webber made a motion to adopt the Resolution, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 4-0. RES. NO. 718 A RESOLUTION ADOPTING THE BY-LAWS OF THE BOARD OF GOVERNORS OF THE CITY OF EDGE- WATER, FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read this Resolution in full. Councilman Sikes made a motion to adopt the Resolution, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 4-0. ORDINANCES: None OLD BUSINESS: Mayor Armstrong asked if Memorial Day is one of the City's listed holidays? The City Clerk stated that it is not. Mayor Armstrong asked how many holidays we have now? The City Clerk stated that last year we had five, this year we have seven. Mayor Armstrong stated that he does not feel that City Hall should be opened on Memorial Day, however the employees do have a floating holiday now and their birthdays. He feels that they should take one or the other. Councilman Sikes suggested that we close City Hall for business purposes only and this would allow the employees to get caught up on work, but in other words City Hall will officially be closed. He stated that he would make this in the form of a motion, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0. -3- o o Mayor Armstrong asked the City Clerk to open the bids on the Shell that we advertised for. The City Clerk opened the two bids and read them to the Council. The Council asked Mr. Watson, one of the bidders a couple of questions about his bid. Councilman Sikes explained that it would cost us more than the difference in the bids to drive our trucks to Mr. Watsons location. Councilman Riggs recommended that we table this until our next meeting so that he can go and get a look at the shell from both places. He stated that he will make this a motion, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0. Councilwoman Webber stated that before we go into the opening of the bids on the Water Well, she would like to read a letter from Briley, Wild to Mr. Kuyk. This letter was congratulating Mr. Kuyk regarding the wastewater treatment plant1s effluent quality. Tape 2 A Mayor Armstrong asked the City Clerk for the bids on the Water Supply Well. The City Clerk stated that Rick Fernandez is present and she would prefer him to read these bids and explain them. Mr. Fernandez began reading the bids to the Council and explaining what each bid includes. He spoke to the Council about any funding being available and stated that more than likely the larger Cities will receive the funding. He also stated that they have received some complaints from the citizens regarding the quality of the drinking water presently in the City. They have been looking into this, and he explained the process that is causing the white material in the water. He spoke about the new construction and the new well and the specifications required. Councilwoman Webber asked some questions about the wells, which Mr. Fernandez answered. They discussed the salt water leakage. Mayor Armstrong stated that we have a 17 year old 8 inch water line that runs to the water well, and he does not see anything in this drawing about a new line. Mr. Fernandez stated that there is a need for a number of programs in the Water Department and he would like to receive some direction from Council regarding another review of the whole water program. Discussion began again about some available funding for this type of program. Mr. Fernandez explained again that most of the funding will go to the larger Cities which have a greater number of unemployed. Mayor Armstrong suggested that we table this until after we learn the decisions from the meeting held May 23rd. Councilman Sikes stated that before we make this motion, he would like to ask Mr. Fernandez a question~ He asked if there is any problem with the cement pipe? Mr. Fernandez stated that this is a good material, and there is a cost savings. There is no harm caused to the quality of the water or anything like this. Councilman Sikes made a motion that we table this until a later meeting so that we may see what type of funding can be done, being seconded by Council- woman Webber. Upon roll call vote said motion CARRIED, 4-0. Mr. Fernandez stated that he would like to discuss the development fee program. He stated that they received a letter from Mr. Kuyk, and they are very concerned because the intent of the Ordinance was to set a cut off date of December 31, 1974 and anything that was connected to the water system after that time would be charged a cut on fee. He stated that they would like for the attorney to look into this with the Council. Mayor Armstrong stated that he is in complete agreement that we should get -4- o o something from the attorney on this. He explained that there is some con- fusion about this, because does it mean connection date or building date of structure. We know that a new home being built has to connect, but how about a house that has been there for since 1959 and we just go by with the water lines now, do they have to pay the impact fee?: This is what we have to know. Mr. Fernandez stated that he thinks this needs to be clarified once and for all. He also suggested that the City provide Mr. Woods with the information regarding the commercial portion of the impact fee structure. He explained that they have found a much easier and better method in doing this. Attorney Woods stated that he will get with Mr. Fernandez on this. Mr. Fernandez stated that the final item that he wants to discuss is the Sewer Plant expansion. They now have a list of six items left on McMahan's contract. He thinks that it would. be appropriate to pay the last pay up, and retain these bills until the items are complete. He read the list of items to the Council. He feels that McMahan has done a fine job and that the City is well protected with the retainer. Mayor Armstrong stated that he thinks what we are concerned with is the repeat of problems that they have had with equipment. NEW BUSINESS: Councilwoman Webber stated that we have a purchase order for three pagers and three chargers for the Fire Department which amounts to $1,050.00 and she nor the City Clerk would sign the purchase order because it exceeds $1,000.00. She made a motion that the Council sign the purchase order authorizing this purchase, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 4-0. MISCELLANEOUS: Tape 2B The City Clerk explained that Mr. Spano has previously been to the Council asking for permission to have an auto body shop Mayor Armstrong explained that it had been suggested that this be allowed in the zoning in the area in question. He stated that the minutes of the meeting held on February 28th will show the discussion on this. It was explained that we have already had a Public Hearing on this, and at our next meeting we will have an Ordinance. Councilwoman Webber stated that Mr. Woods should get some explanation on this. The zoning is all right, but this was to be added as a permitted use. Attorney Woods stated that he has the pre trial conference this Friday on the Corbett Smith case and he is going to take Mr. Smith's deposition in regard to this. He explained that a trial date will be set at the pre trial conference. The City Clerk stated that the cable t.v. men will be coming to speak to the Council about the first week in June. Mr. Frank Hall stated that he would like to find out about getting his property annexed into the City. The property is located on West Park Avenue. He would like to know what his next step is. Mayor Armstrong stated that he does not think anyone knows, because we got into one matter of annexation and the County turned this down and they said that they have to waiver their objection before we can annex. Attorney Woods read from the State Statute in regards to annexation. He told Mr. Hall that he may have to go to the County and see what they require. -5- .. o o Councilwoman Webber stated that she checked with the County and she was informed that the party has to petition us, we have to put it in the paper for four weeks, then we have to draw up an Ordinance and have it pass, then we send this to the County. Attorney Woods suggested that Mr. Hall get in touch with Mr. Joe Benedict who is our Councilman at Large and purhapshe can be of some assistance to you. Councilman Sikes stated that the reason we could not annex Pyramid was that we can not use the state highway and consider it part of the City's property. This property was not adjacent to the City limits. Councilman Sikes suggested that Mr. Hall write the City of Edgewater a letter and then we will take whatever necessary steps to find out how we go about this. Mr. Hall stated that he sent a letter to the Zoning Board. Councilwoman Webber stated that the Zoning Board was unanimous in wanting Mr. Hall to be able to annex into the City. ADJOURNMENT: Councilwoman Webber made a motion to adjourn, being seconded by Councilman Riggs. Said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler LU -~ . / ~J - /~~4';.?- Y ~~-r~~~ Mayor ./ ~ ATTEST: ~~ lty Clerk ttJ ~ day of ?- ~ ~ 1li -6-