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07-10-1975 - Regular \ i o ~ ~~~ ~ CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA REGULAR COUNCIL MEETING JULY 10, 1975 The regular Council meeting of the City eouncil of the City of Edgewater, Florida was called to order at 7:30, July 10, 1975, by Mayor David C. Sevenance. 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 Present Present Present Present Excused Present Present Present Present INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES Councilman Cairnie made a motion to approve the minutes of the June 26 regular council meeting, being seconded by Councilman Lodico. Mayor Severance explained that Councilman Lodico and Councilman Sikes were not present at the June 26 meeting therefore they can not vote yes to approve the minutes and since Councilman Dietz' is not present so that the motion would carry, this should be tabled until Councilman Dietz issback. Councilman Lodico withdrew his second and Councilman Cairnie withdrew his motion. Councilman Cairnie made a motion that this be tabled until our next regular meeting, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. BILLS AND ACCOUNTS Councilman Cairnie made a motion that the bills be paid, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. PRESENTATION Mayor Severance presented Chief Katez ~ith a trophy from Funland Drive-In Theater in recognition of the police coverage of the area. The police officers were presented with certificates from the management also. Mayor Severance stated that Chief Katez is on vacation, and if there are no objections he would like to give the report which the Council requested at this time so that he can go home. Tape 1 Side A 5 min. 10 min. 20 min. 25 min. Tape 1 Side B o min. 5 min. o o Councilman Cairnie stated that Mrs. Daily, whom this report involves is not present yet. Chief Katez stated that the police o~ficer was not present the other night when he was put on trial by Mrs. Daily. Councilman Cairnie stated that no officer was on trial here. Councilman Cairnie made a motion that this report be delayed until Mrs. Daily gets here, being seconded by Councilman Lodico stating that we could wait a few minutes, but the lady may not show up. Councilman Cairnie withdrew his motion and made a motion that we wait twenty minutes for Mrs. Daily, being seconded by Councilman Lodioc. Mayor Severance stated that we can not confine the Chief here if he does not want to stay here because he is on vacation. Upon roll call vote said motion CARRIED. COMMUNICATIONS Certification of Posting General Fund Budget Report Clerk's Cash Statement At this time Chief Katez began his report. He read a detailed investigation report which was written by Officer Larry Westfall. Chief Katez stated that he will go by this report. He stated that he has tried to give this city an operating poli~e depart- ment of young intelligent men. Mr. Jack E. Wells spoke to the Council in r.egards to this matter, stating that he is the owner of the car which Mrs. Daily was driving. Mrs. Daly stated that she admitted that she was speeding, she is not complaining about receiving a ticket for speeding, she is complaining about the method of which she received the ticket. Mayor Severance spoke on this stating that at this point there is no action that the Council can take on this matter. Reports have been given by both Mrs. Daly and the arresting officer, and hopefully the situation can be illiminated. Councilman Cairnie stated that his question in regard to this is why the officer did not turn on his lights and stop the lady before he reached her home? Chief Katez stated that the report reads that he did turn on his lights before he reached the house however she did not stop. Mr. Jack E. Wells spoke to the Council in regards to a ticket for DWI which he received in the City of Edgewater and the happenings thereafter. Mrs. Daly questioned again about the names of the people com- plaining about her dogs. Mayor Severance stated that Chief Katez is to get her these names and addresses for Mrs. Daly. -2- o o 10 min. Mrs. Daly questioned whether an individual coming in to sign out a complaint against someone or a warrant against someone shouldn't they have to show some identification? Mayor Severance read a letter from Charles Hall, attorney for Mr. and Mrs. Fico of Tommy's Lounge. This letter is opposing a Bottle Club at the Ship Restaurant. Councilman Cairnie made a motion that the request for a Bottle Club be denied, being seconded by Councilman Lodico. Mayor Severance stated that the motion should be re~orded because at present we are discussing the letter from Mr. Hall. Councilman Lodico and Councilman Cairnie withdrew the motion and second. 20 min. Councilman Cairnie made a motion to accept Mr. Hall's communica- tion for the records, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. Mayor Severance read a letter from Jehovah's Witnesses in re- gard to Ord. No. 745. The request is not to have to wait for a permit each month to preach in the City of Edgewater. Councilman Cairnie stated that he feels the present Ordinance should be carried out as it is. 25 min. M~yor Severance explained that the Ordinance does not give a certain time on it that someone has a month or such. Councilman Sikes. stated that the Ordinance should be amended to have a time limit on these permits. Mayor Severance stated that a decision should be made in re- gard to this situation as to whether we want them to come back in six months or one month or what, and then we should look into amending the Ordinance. Councilman Cairnie stated that for the present time he would like to make a motion that we continue with the present Ordinance, being sec onded by Councilman Lodico. Councilman Sikes questioned if this means we are not granting the permit. Mayor Severance stated that it means we are granting the permit, and he read from the Ordinance again, explaining that as long as these people come in and register with the City Clerk they have permission to solicit indefinately according to the present Ordinance. There were various questions and remarks from the audience. Councilman Sikes stated that the people should ba~e in mind that this is an organization and whatever is passed will have to apply to all. Upon roll call vote said motion DIED. Councilman Lodico and Councilman Cairnie voting NO. Mayor Severance read a recommendation from the Merit Board in regard to sick leave for the City employees. 5 min. Councilman Cairnie made a motion that this recommendation be tabled until we have an opportunity to work on the budget for the coming year, being seconded by Councilman Lodico.Upon roll call vote said motion CARRIED. Mayor Severance read a recommendation from the Merit Board in regard to compensation for unused sick leave upon retirement. Councilman Cairnie made a motion to table this for further study, being seconded by Councilman Lodico. -3- o o Upon roll call vote said motion CARRIED. Mayor Severance read a recommendation from the Merit Board in regard to severance pay for the City employees. Councilman Lodico made a motion to accept the recommendation being seconded by Co~ncilman Sikes. Councilman Sikes questioned if this applies to only regular employees or does this include the Federally funded employees? City Attorney Weaver stated that he will check on this, because he feels if you do not include all of the employees you could be discriminating against them. Councilman Lodico and Councilman Sikes withdrew the motion and the seoond. Councilman Sikes made a motion to table this recommendation, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. 10 min. Mayor Severance read a letter from Mr. C. Engineer in regard to bridge inspection. whether the City of Edgewater is going to to school for inspection of bridges. A. Benedict, District The letter questioned send any employees Councilman Cairnie made a motion that we use a professional engineer, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. Mayor Severance read a letter from Mr. Robert Christy, requesting an air conditioner for his Civil Defense meeting room. Mayor Severance stated that Mr. Garthwaite has offered to give the City a widdow unit air conditioner which could be used here. Councilman Sikes made a motion that based on the information that a unit might be given to us, this be turned over to the City Manager to work out, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. City Manager Bryant asked if he is to have this installed or is he to report this to the City about the costs? Mayor Severance stated that there is to be no cost to the City. The motion was that Mr. Bryant is to look into this and report to the City Council. 15 min. Mayor Severance read a recommendation from the City Manager in regard to Pappys Antique Shop and to the Zoning's Board's recom- mendation that Pappys be given permission to display outside of his building. The recommendation was that the Ordinance be amended . Mayor Severance explained that the amendments to the Ordinance will call for a Public Hearing and that this concerns other businesses on U.S. I. Councilman Cairnie stated that this affects their businesses, and he made a motion that the Zoning Ordinance be amended to permit these people to display their merchandise under certain restrictions made by the City, being seconded by Councilman Lodico. -4- o ~ There were various comments from the audience in regards to this matter. 25 min. Mr. Taylor asked how much this would cost the City? The City C~erk explained that the advertising would probably be less than $10.00. The City Attorney stated that his costs will depend on the Council's instructions to him and the length of time he spends. Tape 2 Side B Mayor Severance explained that the date for this Public Hearing will be August 14th. Upon roll call on the previous motion, said motion CARRIED. Mayor Severance read a recommendation from the Zoning Board that the Ship Restaurant shall be known as a private club from the hours of 11:00 P.M. to 4:00 P.M. Councilman Cairnie made a motion that the recommendation be denied, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. There was a question fromthe audience in regard to building permits. 5 min. City Manager Bryant answered this question, explaining that Mr. Knock is the building inspector. Mr. Armstrong spoke in regard to this matter. 10 min. RESOLUTIONS Noee ORDINANCES None OLD BUSINESS City Attorney Weaver spoke to the Council in regard to the assistant city attorney. He stated that he spoke to the firm of Foxmore, Warner and Davis and they would be gaad to take on this obligation. It was explained that if Attorney Weaver could not be present at a meeting and one of the assis- tants was present, Attorney Weaver would pay him. Mayor Severance explained that any legal action which would be referred to the assistant City Attorney would have to be through the Council's instruction. Councilman Cairnie made a motion to direct the City Attorney to draw up the legal document for our review at the next workshop, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. -5- o o NEW BUSINESS 15 min. Councilman Sikes asked the City Attorney if we have had any response as far as securing the Island over here? City Attorney Weaver stated that he was not inst,..llcted by the Council to handle this, however this is more complex than it seems. Mayor Severance stated that the next item is on the research of vacated streets,; Garage Street. City Manager Bryant stated that after checking this out we feel that we have this cleared up and we know where we stand. City Attorney Weaver stated that in regards to the franchise rebate report he does have a copy of the Public Service Commission Report. He read from the report. 25 min. Mayor Severance stated that what he would like to do is direct the attorney to go ahead and get a break down as what it would cost the City of Edgewater to enter a plea with the City of Daytona Beach in their brief. He explained that we only have twenty days left in which to file this. Tape 3 Side A Councilman Cairnie stated that we have a contract with Florida Power & Light and we should hold them to the contract. Councilman Lodico made a motion to instruct the City Attorney to get the information together and present it at a special meeting, Monday, July 14, 1975 at 5:00 P.M., being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. There were various questions in regard to this matter from the audience. Mr. Wharton asked what the 6% charge is on? 5 min. City Attorney Weaver stated that it is on all the revenue from this City. MISCELLANEOUS Mr. Armstrong spoke to the Council about the parking on the north side of the Ship Motel and Restaurant and this being a hazardous situation. Mayor Severance stated that this would be a matter to in- struct the City Manager to instruct the Chief of Police to look into. ADJOURN Councilman Cairnie made a motion to adjourn, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. (7.,~~ ~ 2t2t~AA~ ~ -6- o o Co ATTEST: City Clerk Approved this 02~~~y of ~ / , A.D. 1975 -7- -1 <4. . '. \.J GENERAL FUND City of Edgewater WW & SS Southern Bell Florida Power & Light Co. City of Edgewater Gen. Joseph E. Weaver Owens Flooring, Inc. J. E. Tumblin New Smyrna Beach News Taylor Bros. Tire Dist. Magnolia Lawnmower Service Mac Smith Rental Equipment Sol-Ray Supplies Ropp's Automotive Dwights Office Supplies New Smyrna Chrysler Plymouth New Smyrna Builders Supply Williams Welding American Handicrafts Co. Safeguard Business Systems Action Rental & Supply Smyrna Auto Parts, Inc. IBM Standard Oil Co. William H. Cairnie Diversified Electronics Bowen Supply Company Scotty's Woodrow Tucker WATER & SEWER' City of Edgewater WW & SS Southern Bell Florida Power & Light New Smyrna Builders Supply DeLand Equipment, Inc. Brown's Air Conditioning Burrough's Corporation A-l Rent All Allied Chlorine & Chemical Badger Meter Chemical Equipment Service Sav-IDn Utility Supplies New Smyrna Plumbing Supplies ~ o BILLS AND ACCOUNTS JULY 10, 1975 Street F.D., B.P., Gen. Gov. Street lites, F.D., C.C. B.P., Gen. Petty Cash, P.D., C.C., Garb. City Attorney C.C. Street Gen. Gov. Street, P.D., Garb. Street, P & P. Street C. C. Garb. Prop. Mgr. P.D. Street, C.C., P & P, Prop. Mgr.Gen. Street Rec. Gen. Gov. Rec ." Street, Garb. Gen. Gov. Street Yo. Council of Gov. meeting P.D.F.D.,Street, City Mgr. P.D. Cap. Improve. Milage for City Business Sewer Sewer Water and Sewer Sewer Water Sewer Water Sewer Water and Sewer Water Water Water Water '-. ., 10.45 355.37 2,777.40 7.22 290.00 6.00 61.00 7.70 160.00 8.00 9.73 11.66 17.80 57.97 55.27 143.63 6.00 6.37 1((,0.50 2.76 12.45 27.00 955.13 7.20 67.25 162.68 1.53 60.35 5,458.42 6.60 18.81 403.53 16.05 78.45 4.24 65.80 20.00 467.00 370.44 467.55 41.90 4.24 1,964.61