Loading...
07-24-1975 - Regular ~ u CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA REGULAR MEETING HELD JULY 24, 1975 . The regular meeting of the City Council of the City of Edgewater was called to order at 7:30 P.M., July 24, 1975, by Vice Mayor Jacob Lodico. ROLL CALL Mayor David C. Severance Councilman Jacob Lodico Councilman William H. Cairnie Councilman Walter B. Sikes Councilman Calvin R. Dietz City Manager Dale N. Bryant City Attorney Joseph E. Weaver City Clerk Sue Blackwell Police Chief George R. Katez Absent Present Present Present Present Present Present Present Present INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES Tape 1 Side A 10 min. Councilman Cairnie made a motion to table the approval of the minutes of the meeting June 26, 1975, being seconded by Council- man Dietz. Upon roll call vote said motion CARRIED. Councilman Sikes made a motion to approve the minutes of the regular Council meeting, July 10, 1975 and the special Council meeting, July 14, 1975. Upon roll call vote said motion CARRIED. Councilman Dietz voting NO. BILLS AND ACCOUNTS Councilman Cairnie made a motion that the bills be paid as was reviewed at the workshop, being secorlded by Councilman Dietz. Upon roll call vote said motion CARRIED. COMMUNICATIONS The City Clerk read a request from Miss Sandra Dutton to sell Blair in Edgewater. The City Clerk explained that she needs a permit. Councilman Dietz made a motion that we give her a permit, being seconded by Councilman Cairnie. Councilman Sikes asked the City Attorney if a time limit should be put on this? City Attorney Weaver stated that the Ordinance does not have one. Councilman Dietz questioned if this lady is going to be a permanent representative shouldn't she have to take out an occupational license and so on. ~ Q City Attorney Weaver stated that when she is issued the permit this should be handled, this way her permit will expire when hereoccupationa1 license expires. There was some discussion about whether other people are working with permits and maybe they should have occupational licenses. Councilman Dietz stated that this should be discussed at our next workshop meeting. Upon roll call vote on the motion to grant this lady a permit, sajd motion CARRIED. 20 min. The City Clerk read a letter from William L. Ross, Attorney for Louis J. and Joyce Rotundo, regarding their lots in Silver Ridge Subdivision, and whether they will be allowed to build on these lots. 25 min. City Attorney Weaver spoke to the Council about this, suggesting that with the concurrence of the Zoning and Planning Boards this can be put on the agenda for the Public Hearing which is scheduled for changes in Ordinance No. 880, since there are several more lots in that area with the same problem. Councilman Sikes questioned if it would be quicker for Mr. Rotundo to go to the Public Hearing, rather than thnough the boards directly. City Attorney Weaver stated that it would, and this could solve the future problems which might come up. Councilman Cairnie made a motion that the Zoning and P1annings Boards be contacted and with their concurrence, this be put on the agenda for the Public Hearing, August 14, 1975, being seconded By Councilman Sikes. Mrs. Webber asked if this is part of the PUD deve10pmentJ City Attorney Weaver stated that it is part of Silver Ridge, not the PUD development. Upon roll call vote said motion CARRIED. The City Clerk read the certification of posting. RESOLUTIONS: RES. NO. 584 A RESOLUTION DESIGNATING ANDAPPOINTING THE FIRM OF FOXMAN, WOERNER AND DAVIS AS ASSISTANT CITY ATTORNEYS FOR THE CITY OF EDGEWATER, FLORIDA WITH ALL THE RIGHTS, DUTIES AND RE- SPONSIBILITIES SET FORTH HEREIN, PROVIDING FOR COMPENSATION HEREIN ANDPROVIDING AN EFFECTIVE DATE THEREFORE. City Attorney Weaver read this Resolution in full. Councilman Sikes made a motion to adopt this Resolution, being seconded by Councilman Dietz. Councilman Sikes asked if we are hiring an attorney or the firm? City Attorney Weaver stated that we are hiring the firm. -2- (.) o Councilman Cairnie stated that the Charter states that the City may hire an assistant attorney, but nowhere does it mention that the City may hire a firm. Councilman Sikes stated that this will cost us nothing unless we direct them to do something, in the event Mr. Weaver ean not attend a meeting and one of these attornies sits in, Mr. Weaver will pay him. Mrs. Webber stated that this is not a good idea because these men will not be up on our Ordinances and laws and so on, they will have to research and this will cost us more. 25 min. City Attorney Weaver explained that they will only be handling certain project type jobs, and will be able to tell you legally if something is right in regards to the meetings. Mr. Armstrong asked if the Council indicated that they wanted a pro tern City Attorney, and whose idea was it? Councilman Dietz answered that it was the Council's idea, because one night, Mr. Weaver was not able to attend a meeting due to a trial, and it was very confusing. Tape 1 Side 8 o min. Upon roll call vote said motion CARRIED. Councilman Cairnie voting NO. ORDINANCES: ORD. NO. 934 AN ORDINANCE ADOPTING THE 1973 EDITION OF THE SOUTHERN STANDARD BUILDING CODE, THE 1971 EDITION OF THE NATIONAL ELECTRIC OODE, THE 1971 EDITION OF THE SOUTHERN STANDARD PLUMBING CODE AND THE 1973 EDITIONOF THE SOUTHERN STANDARD MECHANICAL CODE AND ALL AMENDMENTS AND ADDITIONS THERETO AS ADOPTED BY THE VOLUSIA COUNTY COUNCIL, TOGETHER WITH ALL ADDITIONS AND AMENDMENTS AND REVISIONS THERETO AS MAY BE ADOPTED FROM TIME TO TIME IN THE FUTURE: FURTHER PROVIDING THAT ALL ORDINANCES DEALING WITH BUILDING, ELECTRIC, PLUMBING AND MECHANICAL THAT PRESENTLY EXIST IN THE CITY OF EDGEWATER, FLORIDA, SHALL BE ENFORCED IF SAID ORDINANCES CREATE STANDARDS THAT ARE HIGHER AND MORE STRINGENT THAN THOSE STANDARDS ADOPTED BY THE COUNTY ORDINANCES AMENDMENTS AND REVISIONS AND FURTHER PROVIDING AN EFFECTIVE DATE THEREFORE. City Attorney Weaver read this Ordinance by title only. Councilman Cairnie made a motion to table this Ordinance for further study, stating that this is adopting the County, and he has not read the County Codes, therefore we would be adopting something we know nothing about, being seconded by Councilman Dietz. Councilman Cairnie stated that the fees of the County are different and he understands that one of the builders, members of the board has invited him to meet with the County Inspector, who will go over the County Codes. Councilman Dietz asked the City Attorney if it is not true that we are adopting the Code with the amendments which we have made. City Attorney Weaver stated that this is technically correct. Councilman Dietz asked who sets the rates? -3- o o City Attorney Weaver stated that the rates are the rates that have been established in an Ordinance here. Councilman Sikes questioned whether the County Inspector would inspect for us if we have our own codes. 5 min. Councilman Lodico stated that it was stated at the meeting with the man from the County that it would be better if the City of Edgewater adopted their own code. Councilman Sikes asked if the County makes amendments to this we accept the changes automatically. City Attorney Weaver stated that we could then change our Qrdinance. 10 min. Mr. Loeffler spoke to the Council that if they go under the County Codes, they will go under the County laws and they can not change the County laws. City Attorney Weaver stated that this is correct we can rescind the whole code, but we can not change the County Code. Mr. Armstrong spoke to the Council in regard to this, explaining that Edgewater should have a seperate code, for qualifying and for fees, where the County has one Code for all of this, and if you adopt the County Code you are adopting their fees and so on. Upon roll call vote on tabling this matter, said motion CARRIED. Councilman Sikes voting NO. OLD BUSINESS: Councilman Sikes made a motion that the Jehovah's Witnesses be granted a permit to canvass the City of Edgewater, being seconded by Councilman Dietz. Councilman Cairnie asked if this will be a permanent situation without notifying our Chief of Police or City Clerk or someone? 15 min. City Attorney Weaver stated that from the looks of the law on this, the motion should remain a permanent thing. Councilman Lodico spoke on this, stating his feelings toward the American Flag and the constitution. Upon roll call vote said motion CARRIED. Councilman Cairnie made a motion to hire Lyle Quick as the City Judge and the City Clerk can draw up an Ordinance to that affect, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. At this time City Attorney Weaver spoke to the Council in regard to James Cartee's property in Florida Shores and whether he will be allowed a building permit. There seemed to be some confusion as to who owns the property, since it was at one time dedica~ed to the City of Edgewater. -4- 25 min. Tape 2 S~de B o min. 5 min. 10 min. o u Mr. Cartee stated that according to a Title Company, this property was sold by Mr. Magnuson to an individual. City Attorney stated that the way to dissolve this is for us to give a Quit Claim Deed to Mr. Cartee. He stated that the property manager and the City Manager could seeif this property will serve any municipal purposes. Mr. Cartee stated that the County says the City of Edgewater does not own interest in this property, therefore it is up to the City to prove that they own anything. Mr. Armstrong spoke to the Council, stating that a tax deed will answer any questions. Mr. Cartee stated that he has a deed and he will bring it into City Hall. Councilman Sikes made a motion that this be tabled until we get further information about the property, a tax deed, a deed from owner to Cartee, being seconded by Councilman Dietz. Mr. Cartee asked the City Attorney if he produces the deeds, will the Council grant a building permit. City Attorney Weaver stated that this will have to wait until the next meeting for a motion on it. Upon roll call vote said motion CARRIED. NEW BUSINESS: Councilman Sikes made a motion that Mr. Bryant and Mr. Cairnie be authorized to attend sessions on Solid Waste Disposal, in the event that they not be able to attend some other member of the Council will take their place, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Councilman Dietz made a motion to appoint Mr. Bryant or his designate to issue permits for canvassing, garage sales, trailer permits, etc. until such the City Council can amend the Ordinance, being seonded by Councilman Cairnie. Mr. Armstrong asked what is meant by trailer permits? The answer was construction trailers and the sort. Upon roll call vote said motion CARRIED. MISCELLANEOUS: Councilman Dietz stated that he has done a little investigating on the xerox copies that are being made. He stated that the Charter states that the bills and accounts and minutes and so on shall be posted, however we are making extra copies to bring to these meetings and this is running into a lot of money. Councilman Cairnie stated that he has seen the papers lying around after the meeting, and it is making a lot of work in City Hall. City Attorney Weaver stated that we are posting in three places now, and the law only requires two, this could help. Councilman Sikes stated that he feels the public is entitled to this and we should furnish the copies. -5- . ~ . . o o Councilman Cairnie stated that he feels the public would be better informed if the agenda was published in the newspaper instead of waiting to come to the meeting to know what is going on. He also stated that this should be discussed at the next workshop. Councilman Cairnie stated that he feels the tapes for the board meetings should be discussed and looked into. Councilman Dietz asked the City Attorney if these minutes have to be on tape? City Attorney Weaver stated that he doesn't think that they have to be on tape, but that the meeting should become a 'public record. Mr. Wharton asked the Council why the City mows the lawn for one of the lots on Riverside Drive? 20 min. City Manager Bryant explained that this is at the end of Hardin Place, where he was instructed to do so by the Council. Mr. Bryant stated that if the Council does not want this done he will have the crews stopped, however he would invite each of them to look at this area. ADJOURNMENT: Councilman Cairnie made a motion to adjourn, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. ANNOUNCEMENTS: Workshop - August 11, 1975 Council Meeting - August 14, 1975 MINUTES TAKEN BY: Sue Blackwell Debbie Sigler ~ aY~~ . /" /"" ~ ~ ~. \ .- y ,~~//X0-?tc-r~ Coullc, ma n '../ - - /}t ,. / . . - ATTEST: ~0J~ e'ity Clerk Approved this /4~Lday of ;;:l:J2~~ yor -6- ~ !/' &JA · ~ u GENERAL FUND City of Edgewater,WW & SSe Southern Bell Florida Power & Light Diversified Electronics Ropp's Automotive Southern Paint Brown's Air Conditioning Freeway Motors, Inc. N.S. Chrysler-Plymouth American Hardware Magnolia Motor Co. City Auto Supply N.S. Commercial Printing Gasoline Alley . Smyrna Auto Parts, Inc. Industrial Office Outfitters R. E. Morris Engel's Cliff Bradley National Chemsearch Jack Cocke and Co. Dwights Office Supplies J . E. Tumb 1 in NSB-Edgewater Humane Society Fla. League of Cities County of Volusia City of NSB - P.O. Rotundo Maintenance Joseph E. Weaver Councilman Cairnie Mayor Severance,Lodico, Weaver vI ATE RAN 0 SEW E R u BILLS AND ACCOUNTS JULY 24, 1975 Com.C. ,F.O., C.Hall,Shuflbrd. F.D., Street Street, Traffic lites C. O. P . D. . New garage Library P . D . P . 0 . P.D. ,C.Hall,P & P. ,Com. C. Street Street, Garb. P.D., Street, Garb, P & P Gen.Gov. PD. P . D., 's t r e e t P.D., C. Hall Stock F . D . Street Street, Garb. Street paving P.O. , Gen. Sov. Gen.Gov. Humane Society Gen. Gov. Gen. Gov. P.O. Capital Improve. City Attorney league meeting and milage League of Munic. meeting Edge\'1ater Mfg. Co. Water and Sewer City of Edgewqter WW & SS Water .- Southern Bell Water Florida Power & Light Water and Sewer .Conrad Yelvington Water American Hardware Water and Sewer' Magnolia Motor Co. Water Environmental Specialties Water Smyrna Auto Parts Water City Auto Supply \~a ter and Sewer Curtin Matheson Scientific Sewer Sampley Enterprises (New Garage) 41 .25 101.80 2,257.92 47.93 10.70 84.82 59.63 20.83 2 . 1 5 38.76 114.87 165.70 20.75 1 2.00 65.78 28.03 1 5 . ~ 4 8.67 40.00 729.15 69.00 77.07 244.00 150.00 247.73 940.39 96.00 320.00 272.~0 9.60 18.00 6,310.17 13.40 5.50 40.23 1,525.25 29.82 31 .75 6.00 18.64 19.40 27.59 13.45 1,731.03 4,500.00