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05-09-1977 - Regular Q o CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD May 9, 1977 Acting Mayor Webber called the meeting to order Monday, May 9, 1977 at 7:30 P.M. ROLL CALL: Mayor Dana T. Armstrong Councilman Henry C. Riggs Councilman Walter B. Sikes Councilman Calvin R. Dietz Acting Mayor Ryta Webber City Attorney Judson I. Woods City Clerk Sue Blackwell Police Chief Earl Baugh Excused Present Present Excused Present Present Present Present INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES: Councilman Riggs made a motion to approve the minutes, being seconded by Council- man Sikes. Upon roll call vote said motion CARRIED, 3-0. BILLS AND ACCOUNTS: Acting Mayor Webber read the total of the bills in the General Fund account. Councilman Sikes asked if we are going to be reimbursed for our expenses in- curred for the garbage pick up we made? Councilman Riggs stated that we would be. He checked with Tomoka Refuse before we did anything, and they are to reimburse us. Acting Mayor Webber read the total of the bills in the Water and Wastewater account. Mr. Fredericks spoke to the Council about the meters that are being bought. He still feels that we should have the company come to Edgewater and assure the citizens that we need to take all of these old meters out, before we spend all of this money. It was explained that the bill for meters on the list is not for replacing old meters, it is for the normal amount of meters bought monthly for the new homes. There were some more questions from the audience about the bills. Mrs. Rich spoke to the Council again about the old meters being taken out. Councilman Sikes explained that he checked into us buying plastic meters and it is not something new we have had them for over six years. There was quite a bit of discussion about these meters. o o Mr. Gross asked where the money goes when people buy a new home and a meter? The City Clerk explained that when someone comes in to get water and sewer connection, it costs them $530.00. $30.00 of this is a meter deposit that is refundable, $200.00 is an impact fee that goes into a Water development trust fund, $75.00 goes into a Sewer development trust fund, $150.00 goes into the Water connection fee and $75.QO goes into the Sewer connection fee. The two trust funds can never be touched without a lot of red tape. The Ordinance spells out what this money can be used for, to date none of this money has been touched, since the Ordinance was passed. After some further discussion, Councilman Sikes made a motion to pay the bills, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 3-0. COMMUNICATIONS: The City Clerk read a copy of a letter written by Attorney Woods to Mr. Livermore about the bonds to close our Farmers Home loan. She explained that they have received no contact;the check was not ordered for the closing of the loan until we can get in touch with Mr. Livermore. The City Clerk read a letter from Robert E. Wolfe, Chairman of the Zoning Board in regards to the board having a favorable opinion of the development of Wildwood Subdivision planned by Mr. Frank Hall and the request of Mr.Hall for annexation. There was no action taken in regard to this. Tape lB The City Clerk read a letter from Mr. William Spano requesting that he be allowed to build an auto body shop on Hibiscus between 22nd Street in Florida Shores, which was a recommendation of the Zoning Board at the Public Hearing held February 28, 1977. She added that the Zoning Board had recommended three different classifications be added to Ordinance 880, and the attorney was never instructed to do this. Councilman Sikes made a motion that we table this so we can investigate it and bring it up at our next meeting, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 3-0. The City Clerk read a letter from the Planning Board stating that at their meeting April 14th, they accepted the resignation of Mrs. P. Woodard and they would like the vacancy filled as soon as possible. Acting Mayor Webber stated that she spoke with Mrs. Elsie Ward and 'she said that she would be willing to serve on the Planning Board. Councilman Sikes made a motion that we accept the resignation of Mrs. Woodard from the Planning Board and that we write her a letter showing our appreciation of her time and services given on this board, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 3-0. Councilman Sikes made a motion that Mrs. Elsie Ward be appointed to the Planning Board to fill the vacancy of Mrs. Woodard, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 3-0. The City Clerk stated that she has a letter from Mr. Millard, Chairman of the Board of Adjustments asking that the attorney attend their meeting on May 11th. Acting Mayor Webber asked Attorney Woods if he thinks he would be available? Attorney Woods stated yes. -2- o o The City Clerk read the Building Official's Report and their bill, which is in the amount of $2,505.11. Councilman Sikes made a motion that we pay the sum of $2,505.11 to the Building Inspector, per out contract, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 3-0. The City Clerk read a meeting notice for VCOG, Wednesday May 11, 1977 at 3:30 in Daytona Beach, and a notice of a VCATS meeting the same day at 1 :30 in Daytona Beach. Acting Mayor Webber stated that she will attend these meetings, and she enter- tains a motion that she go. Councilman Sikes made a motion that the Mayor be advised of these meetings, due to his sickness, and that he and Mrs. Webber both be authorized to go, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 3-0. AUDIENCE MISCELLANEOUS: Mr. Gross suggested that when a board requests to have the attorney present at one of their meetings; the board should refer their questions to the Council and let the Council ask the attorney the questions and decide whether it is important for the attorney to attend. This costs the City a lot of money. Acting Mayor Webber stated that she does not agree with this, because if the attorney goes to the meeting each board member can ask their questions, and perhaps one of his answers will bring up another question. It was explained to Mr. Gross that we have a list of questions that the Board of Adjustments would like to ask the attorney. Mr. Fredericks stated that a few meetings ago he suggested that we go back to having a workshop meeting before our regular meetings. He asked if we can't do this, or what? Acting Mayor Webber stated that the Council has gone all through this and we have decided that we are doing it the best way. RESOLUTIONS: Acting Mayor Webber stated that last week she made a motion that we have Attorney Woods draw up a Resolution transferring funds so that we can buy the police cars. She stated that she would like to rescind her motion, because she found that in order to do what she wanted to do, we would have to readjust the budget, which would take an Ordinance. This would not be feasible and she is asking the Council to rescind that motion. Councilman Sikes stated that we have a letter here from May, Zima telling us how we can go about doing this, which is the purpose of having this Resolution. He asked the attorney if we need to rescind the other motion? Attorney Woods stated that procedurally the Council instructed him to draw up a Resolution to transfer those funds. He thinks that the motion should be res- cinded, and the letter from May, Zima should be read. Based upon this letter he drew a new Resolution under the provisions of the Charter authorizing us to transfer funds. Acting Mayor Webber entertained a motion to rescind the motion she made last week to draw up this Resolution. Councilman Sikes made a motion that we rescind our action taken as far as drawing up a Resolution transferring General Fund monies, $5800. and $9200 from the Emergency and Contingency fund for the purpose of purchasing police cars, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 3-0. -3- o o Acting Mayor Webber stated that we asked May, Zima about the proper way to take care of this. She read their letter, which quoted from Section 87 of the City Charter. Councilman Sikes asked that we have a request from the City Clerk. The City Clerk stated that she has made no secret of it that she does not think that we need three police cars, but it was the wish of the Council that we get them, so she went on to find out how we could get the money. If the majority of the Council wants these cars now, then the majority of the Council is going to want them two months from now, and if we buy the cars now we can save almost $2,000 over what it will cost us two months from now to go out on bids for them. This is why she has requested that the money be shifted from one part of the budget to another, so tthey can go ahead and buy the cars. Councilman Riggs asked if this money will be returned back to the Sanitation Department? The City Clerk stated that the rest of the money in the Sanitation Department will be transferred at a later date to some other portion of the budget, because you no longer have a Sanitation Department for the City. Councilman Sikes asked about the $15,000 that we have already had a Public Hearing as far as setting aside, we should leave it in. The City Clerk stated that you can leave it there for two years, or you can come back when you have your hearings in the fall on the money that we will be appro- priating then and you can reappropriate the $15,000 at that time, but if you mess with it right now you will undo six weeks. work that will take an additional six weeks work to get it appropriated. Acting Mayor Webber stated that she asked Attorney Woods to draw up a Resolution and she would like him to read it. RES. NO. 716 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA TRANSFERRING THE SUM OF $15,000.00 FROM THE NOW DEFUNCT SANITATION DEPARTMENT ACCOUNT NO.1202 TO THE PUBLIC SAFETY DEPARTMENT ACCOUNT NO. 625A FOR THE PURPOSE OF PURCHASING THROUGH THE COUNTY OF VOLUSIA THREE POLICE VEHICLES FOR THE POLICE DEPARTMENT OF THE CITY OF EDGEWATER, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE SAID PURCHASE OF POLICE VEHICLES, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Tape 2A Attorney Woods read this Resolution in full. Councilman Sikes made a motion that we adopt this Resolution, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 3-0. ORDINANCES: None OLD BUSINESS: The first item is the discussion on the donation for the Junior High band coats. Acting Mayor Webber stated that we do have some money in Emergency and Contingency that could be used. Councilman Sikes stated that twelve uniforms would be $516.00. He made a motion that we authorize the expenditure of $516.00 payable to the Junior School Band Uniform Fund for the purchase of uniforms, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 3-0. -4- o o Mrs. Redding thanked the Council for their generosity. The next item is $2,619.36 worth of pipe that the City presently has stored at the City garage that we said we were going to buy, we advertised for bids on it. The City Council said not to pay the bill and she needs to know what to tell Maule Industries about this. Councilman Riggs stated that he does not think the pipe is worth what we are paying for it. However there have been some pieces of it used. Councilman Sikes stated that he asked Joe Martine if we have used any of that pipe and he was told they haven't and he told Mr. Martine not to use any of it because there was a question about whether we were going to pay for it. Councilman Sikes stated that we knew we weren't getting first grade pipe, but we didn1t expect to get pipe with holes in it. Councilman Riggs asked the attorney's opinion on this. He said that he thinks we have used some of this pipe, but we did not ask for cull pipe. Attorney Woods asked if we had specifications on this pipe? If it is not acceptable in the general industry for use, then we should reject it and suggest that they take it back. He added that the Council should take some action and get this pipe returned to Maule, and don't use any of it. Councilman Sikes made a motion that we advise Maule Industries that the pipe delivered does not meet specifications according to the advertised bid and that we request they pick it up and we have no intention to pay for it, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 3-0. The City Clerk explained that the Board of Governors turned their By-Laws over to the City Council for approval over a year ago. Mr.Shell brought it back again for approval. Councilman Sikes made a motion that we instruct our attorney to draw up a Resolution accepting the By-Laws of the Board of Governors, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 3-0. Councilman Sikes stated that a couple of meetings back he asked about the lights on Indian River Boulevard being relocated. He would like something . done about this. He stated that he thinks this would come under Councilman Riggs' department. He asked if Mr. Riggs could look in the file with the street lights request and come back with a report on where we could relocate these lights. NEW BUSINESS: The City Clerk explained that May, Zima is having a seminar on May 16. She needsto know who is going so that she can let them know. The City Clerk read a notice of a VCOG seminar on May 17. This will be an all day seminar. Acting Mayor Webber stated that she will attend this seminar also, and she thinks that the City Clerk should attend and Mr. Kuyk should go. MISCELLANEOUS: The City Clerk stated that several of the employees have asked if we are going to be closed on Memorial Day. Councilman Riggs asked if we have been in the past? The City Clerk stated that we had been up until last year. -5- ...- ". o o Acting Mayor Webber asked if this is one of the accepted days? The City Clerk stated no it is not. Councilman Sikes suggested that we table this until next week and check around and find out what the other offices are doing. This was agreed upon. There was discussion again about the pipe that was bought from Maule Industries and how much of it was already used, if any. ADJOURNMENT: Councilman Sikes made a motion to adjourn. being seconded by Councilman Riggs. Said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler .!2~~~5? Ma~ r ~u l'Ch~ Counc oman counf(fmCVt~ - ~ ~ Councilman ATTEST: ~~{.r~~ ~ Approved thi s I ~ day of Ex~vsed Councilman May, 1 977 . k-U4~y--r;;l~~~--- Mayor /' -6- ;VD r ~ ~