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10-03-1977 - Regular ~ .. ..... o CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD ~ OCTOBER 3, 1977 / Mayor Armstrong called the regular meeting of the City Council of the City of Edgewater, Florida to order Monday, October 3, 1977 at 7:30 P.M. ROLL CALL Mayor Dana T. Armstrong Councilwoman Ryta F. Webber Councilman Carl Shell Councilman Walter B. Sikes Councilman Calvin R. Dietz City Attorney Judson Woods City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES Councilman Dietz made a motion to approve the minutes of the Regular Meeting held September 26, 1977. Councilman Shell seconded the motion. Upon roll call vote said motion CARRIED 4 - 1. Councilwoman Webber voted NO with a stipulation that during the meeting Councilman Shell said that he thought they should do something about it (during Mrs. Webber's questioning of Mr. Fernandez regarding the Water Plant) or words to that effect. Somebody said sure, and Councilman Shell said, I make the motion. Councilwoman Webber further stated that Councilman Shell did not stipulate what motion he made. Councilman Dietz seconded the motion and Mayor Armstrong, she was sure, misunderstood, and said the motion had been seconded that we go out for bids on this motion. Councilwoman Webber then said she wished to repeat there was no motion. She is very much in favor of the water plant and will do anything for it. She wants it as much as anyone in Edgewater and she wants purer water. Mayor Armstrong interrupted Councilwoman Webber saying that her explanation of her vote was well understood by everybody and he was sorry to interrupt her but they should get a approval or disapproval of the minutes. Councilman Shell stipulated that he voted Yes and that he disagrees with Councilwoman Webber. The motion was made and it said in the minutes that there were too many voices at this point for the transcriber to hear clearly but he made the motion to go ahead with the water plant. BILLS AND ACCOUNTS Mayor Armstrong read the total of the bills in the General Fund Account. Councilman Dietz made a motion that these bills be paid. City Clerk Blackwell made a correction on the bills. The Orkin bill should only be 171.00 which makes the total $3,333.62. Councilman Dietz then made the motion that the corrected bills be paid. ~Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 4~1 Mayor Armstrong voted NO. '4. (.) :;; o Mayor Armstrong read the bills for the Water and Wastewater account. Councilman Dietz made a motion to pay the bills. Councilman Sikes seconded the motion. Upon roll call said motion CARRIED 5-0. Mayor Armstrong read the bills for Capital Improvement. Councilman Sikes made a motion to pay the bills. Councilman Dietz seconded the motion. Upon roll call said motion CARRIED 5-0 . There was a question from the audience concerning the Capital Improvement bills. City Clerk Blackwell read the various bills and the items on each bi 11 . Tape IB COM~1UNICATIONS City Clerk Blackwell read a letter from Charles Murphy stating that during the month of September the Building Department issued 32 permits for a total valuation of $486,265.00. and collected $3,533.14 in permit fees. The permits covered 18 new homes, 6 alterations and additions, 7 mobile homes and 1 swimming pool. City Clerk Blackwell read a letter from the Farmer's Home Administration with reference to the FHA loan $300,000.00 for water. The subject loan has been approved and funds obligated. City Clerk Blackwell read a petition presented by Mr. Walter A. West of 238 Lewis St., So. Waterfront Park. respecfu11y requesting that the Mayor and the City of Edgewater and the Utility Commission investigate the feasibility of supplying water to So. Waterfront Park homeowners. There are a total of 103 signatures. Councilman Dietz made a motion to accept this petition and table it with the other petition from Riverview Park for further study and possibly at a later date get our consulting engineers to check the feasibility of this request and then check with the county to see what relief we can give these homeowners. Councilman Sikes seconded the motion. Upon roll call s~id motion CARRIED 5-0. Councilman Dietz said that presently we have the capacity to pump 600,000 gallons of water a day. When we finish the new water plant, in fact when the new well goes into operation, we will be in a position to pump one and one/half million gallons of water a day. There has been quite a bit of talk about the town supplying raw water to New Smyrna Beach and to the south, so possibly by next year there will be plans that will supply water, raw water, to this district where we can supply southeast Vo1usia county. The County is very much interested and this new contract that we are contemplating now with the County and Fire Distrjct will playa big part in this. This all fits in to a long range plan set up by the Planning Board which will be presented to the Council later on this month where the long range plan will take in Edgewater to Aria1 Road. AUDIENCE ~ISCELLANEOUS There was a discussion with the audience about the new water plant. RESOLUTIONS RESOLUTION NO. 737 A RESOLUTION SETTING A PRIMARY ELECTION AND DECLARING THE CANDIDATES FOR ELECTION FOR OFFICES OF MAYOR, COUNCIL SEATS FOR ZONE 1 AND ZONE 3; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN . EFFECTIVE DATE. Attorney Woods read this Resolution in full. Councilman Shell made a motion to accept this Resolution. Councilman Dietz seconded the motion. Mr. Opal, a candidate for Mayor, publicly withdrew his candidacy for Mayor. Councilman Shell moved they adopt amended Resolution. Councilman Dietz seconded. Upon Roll Call the Resolution with Mr. Opa1.s name deleted Carried 5-0. 2 - ~ v o ORDINANCES (2nd Reading) ORDINANCE 986 AN ORDINANCE AMENDING ORDINANCE 880 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA TO ADD AN ADDITIONAL CLASSIFICATION TO THE PERMITTED USES IN .THE B-3 HIGHWAY SERVICE BUSINESS DISTRICT ZONE IN THE CITY OF EDGEWATER, FLORIDA: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Dietz made the motion to adopt the second reading of Ordinance 986. Councilman Shell seconded the motion. Upon Roll Call the motion CARRIED 4-1. Councilwoman Webber voted NO. ORDINANCE 987 AN ORDINANCE SETTING A TENTATIVE BUDGET AND APPROPRIATE REVENUES TO BE COLLECTED FOR THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1977, AND ENDING SEPTEMBER 30, 1978, TO THE VARIOUS ITEMS OF THE CITY BUDGET: REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made a motion to adopt the second reading of Ordinance 987. Councilwoman Webber seconded the motion. Mr. Opal asked the Council what accounts had $1.00 set aside. Mayor Armstrong read the accounts. Tape 2 Upon Roll Call the motion CARRIED 4-1. Mayor Armstrong voted NO. ORDINANCE 988 AN ORDINANCE APPROPRIATING REVENUE TO BE COLLECTED FOR THE WATERWORKS AND SEWER SYSTEM OF THE CITY OF EDGEWATER, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1977 AND ENDING DEPTEMBER 30, 1978 TO THE VARIOUS ITEMS OF THE WATERWORKS & SEWER SYSTEM BUDGET; REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Sikes made the motion to adopt the second reading of Ordinance 988. Councilman Shell seconded the motion. Upon Roll Call the motion CARRIED 4-1. Mayor Armstrong voted NO. OLD BUSINESS City Clerk Blackwell read a letter from Briley Wild explaining the bill for $ 1,036.46. The Council had questioned this bill. Councilman Dietz made the motion to pay the bill. Councilman Sikes seconded the motion. Upon Roll Call the motion CARRIED 5-0. The City Clerk read a letter regarding the property of Carter's Motel and Mobile Home from the Zoning Board. It advises the City that they are in violation of Zoning Law 715.000. The City Council should read the law in reference to making a zoning change. Councilman Dietz made a motion to instruct the City Clerk to write the Zoning Board explaining the difficulty created by the original zoning and that the Council IS procedure was nothing more than to try and straighten out the problem created by the original ordinance. Councilman Shell seconded the motion. Upon Roll Call the motion CARRIED 5-0. The Chair recognized Mr. J. F. Ascherl. Mr. Ascherl IS purpose for being there related to the pension plan for employees of the City. 3 - u Q Mr. Ascherl stated that it normally takes a couple get the paper work done. If you wanted a December sooner that a company is authorized to start paper employees can get. Councilwoman Webber asked if there was any obligation if the Council took preliminary measures. of months in order to 1 effective date the work, the sooner the Mr. Ascherl said that the plan could be made workable in any stage. For example you could simply authorize a tentative contract which would be enough to start the paper work but requires no obligation. The other might be to authorize a pension plan by resolution. Councilman Sikes suggested that Mr. Ascherl arrange a meeting with the new council after November 8 to present the entire program to the Council and let them make the decision. Councilwoman Webber made the motion to table the Retirement Plan for employees until after the reorganizational Council meeting in November. Councilman Sikes seconded the motion. Tape 2B Upon Roll Call the motion CARRIED 5-0. New Business Councilman Shell made the motion to give Larry Gibson a letter of recommendation. The motion was seconded by Councilwoman Webber. Upon Roll Call the motion CARRIED 5-0. Councilwoman Webber said she called a meeting of the Planning Board to discuss hiring a City Planner. A Mr. Richard Diamond agreed to take the position for $8,500. He will go to City Hall and fill out an application. Mr. Frederick talked about the penalty ordinance. He asked what it cost to change an ordinance. Mayor Armstrong said he would estimate from $75. to $100.00. Mrs. Taylor asked if the Council had voted last week to buy a sound speaker system. Mayor Armstrong said no, but there would be some changes made and the audience should be able to hear the Council members better. Mrs. Rich asked if there would be changes in the department responsibilities if there were new-people on the Council after November election. Mayor Armstrong said it would be a new administration and up to them to designate responsibilities. Mr. Gross said that last week there was a motion made by a Council member with no description whatsoever, which was seconded by another Council member. It was in regards to the advertising for the water. Mayor Armstrong said he did not believe there was any misunderstanding at the Council table as to what the motion was because the subject under discussion was the necessity to advertise for bids in order to comply with the EDA criteria. 4 o ~ , ... o Mr. Wharton asked about a referendum in the coming election. on a coordinator ordinance. Mayor Armstrong said that a few weeks ago they had an open session about proposed charter changes and the vote was not to change. suggested Councilman Dietz / that Mr. Ream be appointed to Park and Pier maintenance He feels it would be beneficial to the City to have better maintenance of this area. Councilwoman Webber said that the tapes of all Council meetings are at City Hall and are available to the public. Mayor Armstrong said that we have a problem at the Handball court. The kids are climbing on top of the wire. He feels it creates a serious liability to the City. There was a discussion about how best to handle this problem. Councilman Shell made a motion to adjourn the meeting. Councilwoman Webber seconded the motion. Upon roll call the motion CARRIED. ~lINUTES TAKEN BY Sue Blackwell Nancy Blazi (h~ ~~r counc~man f ~- ~ ATTEST: ~~( Approved thi s 3 ~ day of October, 1977 ~. 4?~~O~~~ e - 5