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05-02-1977 - Regular o u CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING HELD May 2, 1977 Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater to order Monday, May 2, 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 I. 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. Mr. Taylor asked several questions, which were answered by the Mayor and City Clerk. Mr. Poland questioned the bill charged to the Ballpark. It was explained to him that this is the water bill from the City. Upon roll call vote 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 the bills, being seconded by Council- woman Webber. Councilman Riggs asked the City Clerk if she found out anything on the utility bill. The City Clerk stated that it was a correct billing. Councilwoman Webber stated that this is a correct bill, however we have had some trouble at the Water Plant, and this money should be reimbursed. The bill will be higher next month because we must use the blower constantly. . \ o Q Mrs. Turner asked the Mayor if he could explain why he voted no on paying the bills. Mayor Armstrong stated that it is his preroggative. He stated that he did not go along with changing the name of the Shuffleboard, and he does not in the ending justify the beginning by voting yes on it. He does not feel that there are any eligitimate bills, he just does not support the ideas and it is not to him a neccessary expense to the City. Upon roll call vote said motion CARRIED, 3-1. Mayor Armstrong voting NO. COMMUNICATIONS: The City Clerk read a letter from Helen Redding asking that she be allowed to speak to the Council. Mrs. Redding was given the floor, and she spoke to the Council about the need of funds toward the purchase of uniform coats for the New Smyrna Beach Junior High Band. Councilman Riggs asked if any Edgewater children attend that school? Mr. Rush, Band Director, stated that all of the children in Edgewater attend this school. Councilman Sikes asked how many Edgewater children are in the band? Mr. Rush stated that the total in the band is 88, and he will say approximately 20 to 25 will be from Edgewater. Councilman Sikes asked some more questions about the jackets. Mr. Rush stated that the price of each jacket is $43.00. He explained that they get absolutely no funds from the County or the State to operate the band program. All the money needed is raised through local funds. He stated that they are in the process of contacting all Cities in the area and Civil Clubs. Mayor Armstrong asked how much time they would have before they have to make an order? Mr. Rush stated that we would have to place an order by the end of July in order to get them back on time. Mayor Armstrong stated that we are talking about an area wide educational program, about 25% of this would be Edgewater1s portion or about $860. He added that he would like some time to think about where the money will come from, but he feels that we must do something for the band. -- Councilman Riggs made a motion that we set this aside until next week to figure out what we can do, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 4-0. The City Clerk read a letter from the Florida Shores Property Owners Association requesting that something be done to control the speeding of cars on these un- paved streets. This is more of a problem on these streets because of the dusty conditions. Councilman Riggs stated that the police cars are out there .working and trying to control this. Mayor Armstrong stated that the dust is the problem and we just hope that we get some rain. ~ The City Clerk stated that we have a letter informing us of Mr. Bruse Graebner's resignation. There was no action taken in regard to this communication. -2- . , o Q The City Clerk stated that next we have the CETA audit and they are asking for a written reply in thirty days to state our position on the report. There were no comments made on this. AUDIENCE MISCELLANEOUS: None RESOLUTIONS: RES. NO. 713 A RESOLUTION APPOINTING JAMES POLAND TO THE BOARD OF ADJUSTMENTS OF THE CITY OF EDGEWATER, FLORIDA, SETTING FORTH THE TERM AND PROVIDING AN EFFEC- TIVE DATE. Attorney Woods read the Resolution in full. Councilwoman Webber made a motion to adopt this Resolution, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 4-0. Mr. Poland was introduced to the Council. ORDINANCES: Mayor Armstrong stated that since it is necessary to appropriate by Ordinance and we have a fund that has an expiration date but we have not passed an Ordinance on it yet, time is about to expire for allocating this money. It is necessary to do this on an emergency basis. Councilman Sikes made a motion that we declare this an emergency, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0. ORD. NO. 974 AN ORDINANCE APPROPRIATING THE SUM OF $13,169.00 FROM ANTI-RECESSION FISCAL AID FUNDS FOR THE PURPOSE OF PAYING FOR SERVICES OF THE MUNICIPAL CODE COR- PORATION OF TALLAHASSEE, FLORIDA FOR REVISING THE CITY CODE OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Attorney Woods read the Ordinance in full. Councilman Sikes made a motion to adopt this Ordinance, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0. Mayor Armstrong stated that the next two Ordinances are very important. One was a mistake in the beginning, and one of these corrects it. He went on to. explain that Ordinance 971 should not have appealed any of Ordinance 880, it should have added to it. We have an Ordinance here that repeals Ordinance 971 and a corrective Ordinance. He stated that it is up to the Council what we do. Councilman Sikes stated that we do have a moritorium on issuing building permits and he would like for the attorney to briefly explain what we are doing by amending Ordinance 971. Attorney Woods stated that Ordinance 971 .took out the original language of Section 400.01 of Ordinance 880, pertaining to non-conforming lots of record and substituted in the wording as proposed by the Zoning Board at the Public Hearing. By repealing Ordinance 971 and re-enacting this new Ordinance we keep the language of 400.01 as originally worded but we also add the new language approved at the Public Hearing, as recommendation of. the Zoning Board, He read the original wording of 400.01, and he read the new wording as in Or- dinance 971. He explained that we are putting back the language plus the new language. -3- o o Attorney Woods answered some questions from the Council about this Ordinance. He also answered some specific questions about the Highland Shores area. Councilman Sikes stated that since we have a moritorium on the issuance of any building permits he will make a motion that we declare this an emergency and that we act upon the repealing Ordinance 971 and amending A~tic1e 400.01, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED, 4-0. ORD. NO. 975 AN ORDINANCE REPEALING ORDINANCE NO. 971 PERTAINING TO NON-CONFORMING LOTS OF RECORD, REPEAL OF ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FORAN EFFECTIVE DATE. Attorney Woods read this Ordinance in full. Councilman Sikes made a motion to adopt this Ordinance, being seconded by Councilwoman Webber. Mr. Denton asked several questions about this ruling. Mayor Armstrong explained that they have looked into this, and he feels that we have to do what is fair to everyone. Upon roll call vote on the previous motion, said motion CARRIED, 4-0. ORD. NO 976 AN ORDINANCE AMENDING ARTICLE IV, SECTION 400.01 OF ORDINANCE NO. 880 OF THE CITY OF EDGEWATER, FLORIDA, PERTAINING TO NON-CONFORMING LOTS OF RECORD REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Tape 2A Attorney Woods read this Ordinance in full. Councilman Sikes made a motion to aodpt this Ordinance, being seconded by Councilman Riggs. There were several other questions answered about the wording and the meaning of this Ordinance. There were also some questions about the lots in Highland Shores, which Mayor Armstrong answered. Attorney Woods answered some questions about the lots in Highland Shores, and the variances that are required. Upon roll call vote on the previous motion, said motion CARRIED, 4-0. Mayor Armstrong asked Attorney Woods if we should at this time lift the moratorium on issuing building permits. Attorney Woods stated that we should lift the moratorium, and he believes that there are individuals who have applications pending before the Board of Adjustments. These people should not have to resubmit, they should go ahead and consider the original applications. Councilwoman Webber stated that she thinks that the applications were withdrawn? Mr. Millard stated that the applications of Government Builders were withdrawn therefore there is no action required of the board. To reapply, they will have to advertise and go through the entire procedure. Mr. Cartee spoke to the Council that he withdrew his applications because he was assured by the Building Department that they could get building permits and he did not see any sense in putting the people through the work of issuing the variances, since they already had the permits. The permits were made out and on the Building Officials desk. He did not withdraw because he did not want a decision from the board, he would like for the board to reconsider his requests. -4- o o Mayor Armstrong stated that a technicality of law prohibits the City Council from enter mingling into the board1s proceedings in any way. Whatever is to be done is between the applicant and the board. Councilwoman Webber made a motion that we lift the moratorium on the building on these non-conforming -lots, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 4-0. OLD BUSINESS: Mayor Armstrong stated that he and Mrs. Webber were to review the proposed By-laws of the VCOG before tonight and make some recommendation. He gave Councilwoman Webber the floor first. Councilwoman Webber explained each change to the Council that she feels should be made. She read from the By-laws so that the Council could follow what she was talking about. Mayor Armstrong stated that he does not agree with the idea should be able to pass judgment on Edgewater's priorities. that they should know what is going on, however for them to water last on a priority list he does not agree with. of the other Cities He has no objections vote and put Edge- Councilman Sikes asked several questions, which Councilwoman Webber and Mayor Armstrong answered. Tape 2B Councilman Sikes stated that he thinks that every City wants to govern themselves but we shouldn't let the County feel that we don't want to work with them. Councilwoman Webber went on with some of her ideas. It was agreed that we should suggest that all communications shall be signed by the Chairman of VCOG instead of by the Executive Dir.ector. It was decided to skip down further on the agenda now so that Attorney Woods could be allowed to leave the meeting early due to illnes~ in his family. Councilwoman Webber stated that she would like to discuss something so that Attorney Woods will be here. She explained that we have an opportunity to buy three police cars for $600 a piece under what we paid for buns. She explained that we can not wait very long to purchase these cars because the County can not hold them forever. She added that she would like the attorney to draw up a Resolution for a loan of the surplus monies from the General Fund for $5800, this money is to be replaced from the $15,000 appropriated from the Revenue Sharing that we have already allocated. Mayor Armstrong stated that we have to hold a Public Hearing on the Federal Revenue Sharing money and it comes up on May 16th. Councilwoman Webber stated that we will have to have an Ordinance with a second reading after this Public Hearing, and it is not feasible for them to hold the cars for that length of time. She added that she has checked with John Vodnicker and he said that this could be done. Councilman Sikes stated that we voted our intent to spend the Revenue Sharing money, and the entire Council agreed. One time we were advised that we could not spend money ahead of time. Attorney Woods stated that if you don't have the money available you are not suppose to make an expenditure. This is a transfer of funds the way he sees it. It is up to the Council. Councilman Sikes asked the City Clerk if we have the money available in these various accounts that we can loan? The City Clerk explained that the Public Hearing is going to have to be changed until the 23rd of May. She added that she thinks that you could probably by Resolution loan them the money with the understanding that it is going to be paid back because you already have Revenue money sitting there. You should -5- o o specify what it is for so you can show when the Federal Revenue money is used to pay it back. So it will show that you didn1t subplant your budget in any way, and that it was used for such a purpose that the Federal Revenue money was allocated for. Councilman Sikes asked if we are expecting any more demands that will be coming up the next month off of the Emergency and Contingency fund? The City Clerk stated that she can't think of anything. Councilman Sikes asked if we have $9200 in that account. The City Clerk stated as of the end of the month, yes. Mayor Armstrong asked what surplus money Mrs. Webber is talking about. Councilwoman Webber stated that there is surplus money over and above the appropriated monies for the General Fund. She asked the City Clerk if this is correct? The City Clerk stated yes, that we have an unappropriated surplus. Mayor Armstrong stated that you are talking about unappropirated money and it is not lawful to spend unappropriated money. The City Clerk stated that you could show some portion of it overexpended; we have done this in the past. Councilman Sikes stated that he has noticed that the men are taking the cars to their houses and cleaning them, waxing them and taking pride in the units. This would give each patrolman a car of his own and we would get more use out of the cars. Attorney Woods stated that if you have the money you are not dealing with appropriations, you are dealing with transfer of funds. However, suppose you really do have an emergency arise and you have to have the money, where are you going to get it? The City Clerk stated that in the event of an emergency you could appropriate some of the surplus, but that will take time. She thinks it's just a matter of whether the Council wants to do this or not, they have already said that they are going to buy the Police cars and spend the Federal Revenue for it. It is a matter of whether they want to save the $1800 or whether they want to put it off. Tape 3A Councilwoman Webber made a motion that our attorney draw up a Resolution for a loan of surplus money from the General Fund of $5,800 and $9,200 from Emergency and Contingency to be replaced with the $15,000 appropriated from Federal Revenue Sharing, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED, 3-1. Mayor Armstrong voting NO. At this time Attorney Woods was excused from the meeting. Mayor Armstrong stated that we have to contact Mayor Currie in the morning about the VCOG By-laws, so we might as well go back and finish up this. The Council began by starting at .the first page and going through each recom- mended change. Councilman Sikes made a motion that we authorize the mayor, and in his absence Mrs. Webber as alternate to present the proposed Charter and By-laws to VCOG and give them the authority to suggest and vote towards the adoption of what- ever is presented, being seconded by Councilman Riggs. There was further discussion about what is of the best interest to the City. -6- o o The changes were gone over one more time and mutually agreed upon by the entire Council. Mayor Armstrong stated that the next matter for discussion is a workshop on retirment fund. There was discussion as to what would be a good time to have this meeting. It was also discussed that we will have to amend the budget because there was nothing appropriated for a retirement program. Mayor Armstrong stated that he does not believe that we can do this, because you are not actually amending the budget, you would be setting up a new bud- get when you are putting new line items in it. It was decided to set this for May 17th, and we will have to meet in the Mayor's office since Bingo is in the Community Center that night. The next matter is discussion about the computer. The City Clerk explained that if we are going to buy a computer, we need to get bids out and get them back some time in June or July. Councilman Sikes stated that we still need to get plans and specifications first. He added that the City Clerk knows better than anybody what we need that computer information to give us. Councilman Sikes made a motion that we table this until next week, being seconded by Councilman Riggs. Upon roll call vote said motion CARRIED, 4-0. Councilman Riggs asked if it would be all right to take all of the surplus dirt out to the landfill for fill dirt out there. It was agreed that this is a good idea. Mayor Armstrong stated that we have a figure on a twenty inch Council table in three sections at $900. It was questioned whether twenty inches is enough. Chief Baugh explained the drawing as Mr. Karditzas explained it to him. It was agreed that the Mayor and City Clerk can work this out. There was discussion about the speaker system also. NEW BUSINESS: Tape 3B Mayor Armstrong stated that the Palmetto Street bridge has been closed. It was mutually decided between the two Cities that this was the safest thing to do. Some work will now get done on it. Mayor Armstrong stated that he was suppose to get a call back in regards to the fire coverage at the Nice Place and he has got no word yet. He was told that they had the right to establish a Fire District south of Edgewater if they petitioned for it. If they are going to do this, they should ask the County. Mr. Jennings spoke to the Council about this matter. He said that he has already spoke to Mr. Duane about this, and there seems to be some technicality that the City could help out with, by contracting with them. He stated that a County wide Fire District seems to be some years off. The owner of the Nice Place may not be able to buy fire insurance for his business unless the City contracts with him. -7- o (J There was discussion that the City has served the Nice Place before in the case of a fire. Mayor Armstrong stated that in the case of life and limb he would be in favor of sending our entire Fire Department outside of the City limits. However, it defeats the cause if a man outside of the City has fire protection, police protection, and garbage collection. He would not have any incentive to ever become a part of the City by annexation. Mr. Jennings suggested that perhaps the City charge a fee for responding to a fire outside the City limits. There was discussion among the Council members about this. Mayor Armstrong stated that in his judgment we would be over stepping out authority to draw up a contract with a person outside the City for fire protection. Councilwoman Webber stated that it would not be fair to the citizens of Edgewater who are paying taxes for this protection. Councilman Sikes suggested that Mr. Jennings be given a copy of our Ordinance so that he and his client may read exactly what kind of services are now available to them. Councilwoman Webber asked if any more thought was given to the room for the Zoning Board? Mayor Armstrong stated that the man was suppose to bring in a figure for the work. MISCELLANEOUS: Mayor Armstrong asked Mr. Shell if they have done anything about the custodian? Mr. Shell stated that they will have a meeting tomorrow night. There was discussion about this job among the Council members. It was decided that Mr. Shell is to look around and notify the Council when he finds someone. ADJOURNMENT: Councilman Sikes made a motion to adjourn, being seconded by Councilman Riggs. Said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler ATTEST: ~~J ~counc.~ i ty C erk -:Ti:J Ex c>>S ed Approved this ;to day of Councilman May0?77. ~ " LY~//'l'~~ ...5-~~~/ Mayor -8- rJC ~ ./ r ~~ ~