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11-21-1977 - Regular .... Q ~ C,.) CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD November 21, 1977 Mayor Robert Christy called the meeting of the City Council to order November 21, 1977 at 7:30 P.M. in the Community Center. ROLL CALL Mayor Robert H. Christy Councilman Louis Rotundo Councilman Carl Shell Councilman Walter B. Sikes Councilman Zone 4 City Attorney Judson Woods City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Present Present Vacant Present Present Present INVOCATION The invocation was given by Rev. Canova SALUTE TO FLAG APPROVAL OF MINUTES Councilman Sikes made a motion that the Council adopt the minutes of the Recessed Meeting, November 9, 1977. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Shell made a motion that the Council adopt the minutes of the Regular Council Meeting, November 9, 1977 at 4:00 P.M. Upon roll call the motion CARRIED 4-0. Councilman Rotundo made a motion that the Council adopt the minutes of the Regular Meeting, November 9, 1977 at 7:30 P.M. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Shell made a motion that the Council adopt the minutes of the Regular Council Meeting, November 14, 1977. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. BILLS AND ACCOUNTS Mayor Christy read the bills in the General Fund, total $632.08. Councilman Sikes made a motion that the Council approve the bills for payment. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-0. Mayor Christy read the bill for Capital Improvements Street Paving total $455.55. Councilman Shell made a motion the Countil approve this bill for payment. Councilman Rotundo seconded the motion. Upon roll the motion CARRIED 4-0. Mayor Christy read the bills in the Water and Wastewater Fund, total $241.65. Councilman Shell made a motion that the Council approve these bills for payment. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. COMMUNICATIONS The City Clerk read a letter from the Edgewater Rescue Squad requesting the purchase of pagers (12). ~ a o Mayor Christy said that the Rescue Squad had received a grant from the Federal Government to pay for half of the original pagers. He believes the City could apply for a 50/50 grant again. The pagers are about $280. each. With the grant it would cost about $140 each. There is no money in the budget for this purchase at this time. Councilman Sikes made a motion that the Council authorize the City Clerk to write to the County Civil Defense Director to apply for assistance in purchasing these pagers. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-0. There was another letter from the Rescue Squad announcing the new officers for the current year beginning November 1977. President Vice President Secretary Treasurer Mary Ruth Zdanis Jack Bevel Patricia Goodson Joyce Bevel Gayle Harmon will be Chairman of the Board of Directors and Jack Bevel will continue to act as liaison with the City. Councilman Sikes made a motion that this be made a matter of Public Record. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. The City Clerk read a letter from Mr. Bruce Briggs, Executive Director of Volusia Council of Governments, concerning the U.S. Census Bureau Geographic Base File/ Dual Independent Map Encoding. Mayor Christy said that this subject was discussed at the last Volusia Council of Governments meeting that he attended. Councilman Sikes made a motion that the contact person for the City pertaining to the DIME project be the City Clerk, Sue Blackwell. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. AUDIENCE MISCELLANEOUS Mr. Gross, Lake Ave., brought up the increase in salary for the Police Chief. He asked that the Council make a motion to increase the Police Chiefs salary to $12,000 retroactive to October 1. Councilman Rotundo made a motion to give the Police Chief a raise to $12,000/yr. Councilman Shell seconded the motion to get it on the floor for discussion. Coucilman Shell said that he believed there were other employees that should be taken into consideration concerning raises and they should be included in receiving a raise. Councilman Sikes said that the budget had provided for raises for the City Clerk, the Director of Utilities and the Police Chief. They are all doing an excellent job and should receive these raises. 2 o o Mr. Dana T. Armstrong said that he failed to see anything on the agenda concerning the matter of business that was now before the Council. He said that the Charter calls for a reorganization meeting after election and he did not think that meeting had been held. He advised that the Council consider all employees as far as raises are concerned. Tape 1B Mayor Christy said that he had been advised by the City Attorney that a matter of business does not have to be on the Agenda to be brought up at a Council meeting. Upon roll call the motion to give the Police Chief a raise did NOT CARRY by a vote of 2 - 2. Councilmen Shell and Sikes voted NO. Mr. Gross asked for a report on the General Fund Budget. He was told they were a matter of record at City Hall. Mrs. Woodard asked for a Clerk's Cash Statement for July, August, September and October. She was told that she could get copies of the report at City Hall for 25~ a page. Mr. Fredericks suggested that the Council go back to the workshop meetings they used to have before the Regular Council meetings. Mayor Christy said that the agenda is now made up on Friday and any subject to be on the agenda for the following Monday should be received at City Hall before noon on Friday. Mr. Glaser asked the Council if they could give the people in the area some relief from all the dump trucks that go up and down the streets. He wants them to use the paved roads because on the dirt roads there is so much dust kicked up when they pass by. Mayor Christy asked the Police Chief to check out the area to see if these trucks could be rerouted some other way. Mrs. Straub spoke about no signs on Kumquat and 18th St, and no sign to indicate the canal. Mr. Lodico spoke also about some workshops before the Council meetings. Mr. Gross spoke again about the Police Chief's raise. OLD BUSINESS The City Attorney reminded the Council that last week R. Bouchard had stated he wished to deed a parcel of land to the City. There seem to be some question of the validity of a deed dated Sept. 1959. He said former Mayor Armstrong might know about it. Mr. Armstrong stated that the legal situation on that street has been mixed up for some time, and should be corrected. There was some discussion between the City Attorney and Mr. Bouchard. Councilman Rotundo made a motion that, subject to a correct legal description, the City accept the property that was originally intended to be deeded to the City of Edgewater north of Mr. Bouchard's property. Councilman Sikes seconded the motion for discussion. 3 o u Upon Roll call the motion CARRIED 4-0. Unemployment Compensation The City has received a notice from the Florida Dept. of Commerce, Div. of Employment Security. Councilman Sikes made a motion that the City remain a reimbursible employer. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-0. Vacating old plat for Wildwood Subdivision. The City Attorney said he was still researching this and would have a report November 28, 1977. Councilman Sikes made a motion that this subject (Wildwood Subdivision) be tabled until November 28, 1977. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-0. Water Storage Tank Maintenance Mayor Christy said that from 1961 to 1974 we had a contract with Sieg and Ambachtsheer to maintain the water storage tanks. He questioned why we do not merely renew this contract as we have obviously done in the past instead of going out for bids. The City Attorney said that the Ordinances state that the City has to go out for bids, on expenses of more than $2,000. Councilman Sikes asked former Mayor Armstrong how the City could have entered into a contract when the limits were 500 and we can't now. Mr. Armstrong said he did not know why the City ~'did not keep a maintenance contract. He believed the City paid this contract every 3 years. However, in the past two years he had not received any reports from the Water Dept., the coordinator of the Water Dept. or the company with the maintenance contract. Mrs. Blackwell said that the company had mentioned in their letter that they did not know why a renewal was not offered by them at the expiration of the old contract. She further said that they did send a bill saying it would be a specific amount to renew the contract and the City Council at that time felt it was too much money. It would probably have been a lot less to have paid for maintenance on a regular basis then to let it go and have to have so much work done now. Councilman Sikes made a motion that the Council authorize Mr. Kuyk, Utility Director to first make arrangements to obtain water from New Smyrna in case of an emergency, also to come up with a recommendation based on Sieg and Ambachtsheer's report so that the City can go out for bids to repair the 100,000 downtown tank. Councilman Shell seconded the motion. Unon roll call the motion CARRIED 4-0. ' Tape 2B C.D. Coordinator and Deputy Councilman Rotundo made a motion that the Council accept Mr. J. Nichols as Coordinator of Civil Defense and Mr. L. Perkins and Deputy Coordinator. Councilman Shell seconded the motion. Upon roll call the motion CARRIED 4-0. Councilman Sikes made the motion that the Council set the salaries for the Police Chief, the City Clerk and the Director of Utilities at $12,000 per year for each retroactive to October 1, 1977. Councilman Shell seconded the motion. - 4- o o Mrs. Woodard asked why the Council had singled out three people for raises and not all the employees of the City. --Mayor Christy said they would be considered later. Mrs. Woodard suggested that the Council table this motion until the Merit Board makes a recommendation. Mayor Christy said .that the Merit Board does not recommend raises for supervisors. The Council recommended these raises at a Budget Meetin9. Mrs. Woodard commented that only the Chief should get a raise. It is not feasible now for the taxpayers to have this additional expense. Mr. Fredericks asked what the percentages the raise was. The Council had not figured out the exact percentage. Upon roll call the motion CARRIED 3-1. Councilman Rotundo voted NO. NEW BUSINESS Dog Catcher Mayor Christy said that he felt there was a need to have better control over the dogs that are allowed to run loose. Police Chief Baugh said they get over a dozen calls a week concerning dogs running loose. This past week the police picked up 5 dogs and turned them over to the Humane Society. The Courts are not prosecuting the cases and people can go out, pick up their dogs at the Shelter and turn them loose again. He would like to recommend that the City be able to make sure when a dog is picked up the first time that the dogs are given immunization shot and dog tag at owners expense, and that perhaps the second time or succeeding times that the same dog is picked up possibly the City Attorney can come up with some way that the City can fine these owners. Mrs. Opal said that she had suggested to the Chief some time ago that every~ne who had a dog must have a dog tag. The Mayor asked the Police Chief to discuss this with the City Attorney and bring back a report and recommendation next week. Councilman Rotundo reported that the work on the Library was done to specifications but the work was not up to standards. He recommends that the repairs be made and deducted from the 10% the City still owes. The drainspouts do not do the job and water runs into the library. He recommends that a canopy be installed over the back door to eliminate this problem. He said he wanted to put these two recommendations into the form of a motion. Councilman Sikes seconded the motion. Councilman Sikes asked the attorney if we can have someone come in to correct these items,. that the original contractor says that his work is done, and deduct this from the final payment. The Secretary of the Library Board spoke about a list of items presented to the Council of unfinished work at the Library. Mr. Armstrong said that the City Attorney had been instructed to write to the contractor Mr. Harris concerning this. The City Attorney said that he had written to Mr. Harris and had received no response. It is his suggestion to the Council that he will give to Mr. Harris a letter that the City holds him in default under the contract and that the City will proceed to correct the deficiencies and will deduct same from the 10% held from the contract. Councilman Rotundo made a motion that the Council authorize the City Attorney to write to Mr. Harris that he is in default of his contract and that the City will have the deficiencies fixed and deduct the cost from his payment, if he does not correct them within 10 days. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4-0. 5 o o Councilman Rotundo made a motion that a canopy be installed over the back door of the Library. The cost will be $89.00, and to also have the gutterscfixed properly. Councilman Sikes seconded the motion. Mr. Gross said he did not think the City should continue to pay for repairs to the Library. Mayor Christy said that the City has to maintain the building. The secretary of the Library Board asked for a copy of any correspondence concerning fixing the deficiencies in construction. Upon roll call the motion made by Councilman Rotundo CARRIED 4-0. Councilman Sikes made a motion to instruct the City Clerk to take the cost of the canopy out of the Emergency and Contingency Fund (1416). Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 4-0. Tape 3 Councilman Rotundo made a motion that the City pick up the trash and tree limbs to make the town look better for the coming holidays. Councilman Shell seconded the motion. Councilman Rotundo asked the City Attorney if there was any way we could get this done through our contract with the garbage pickup company. The contract specifically states the size of the trash piles that the company will pick up. The company primarily picks up garbage but they will pick up trash at the same time if it is the specified size. Councilman Sikes says that if we picked up the trash we still have to have a place to take it. He suggested that if we withheld payment until better pickup service was received we might get some results. The City Attorney said they should give notification that the company could be considered in default before the Council took any specific action. We have to have definite cases of where the company has not performed the contractual duties before we can contact them or hold them in default. Upon roll call the motion to have the City pick up the trash did NOT CARRY. The vote was 2 - 2. Councilman Shell and Councilman Sikes voted NO. There was more audience discussion about trash pickup. Mayor Christy said he would get more information from the utility department about complaints on, the pickup so that the City, Attorney will have definite complaints to write to the Trash Company and withhold payment until they meet all contractual agreements. MINUTES TAKEN BY: Sue Bl ackwell Nancy Blazi ~ Councilman Sikes Councilman Shell made a motion to adjourn. motion. The meeting was adjourned. ~ ~~ City Cl erk Approved thi s d. ~~ay of November, 1977 Councilman " 6