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06-12-1975 - Regular THE CITY ~NCIL OF THE CITY OF EDGE~ER REGULAR MEETING HELD JUNE 12, 1975 Tape 1 Side B o min. The Regular meeting of the City Council of the City of Edgewater was called to order Thursday, June 12, 1975, at 7:30 P.M. by Mayor David C. Severance. ROLL CALL Mayor David C. Severance Present Councilman Jacob Lodico Present Councilman William Cairnie Present Councilman Walter B. Sikes Excused Councilman Calvin R. Dietz Present City Manager Dale Bryant Present City Attorney Joseph Weaver Present City Clerk Sue Blackwell Excused Deputy City Clerk Elizabeth CrouserPresent Chief of Police George R. Katez Present INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES: Councilman Lodico made a motion to accept the minutes of the Special Meeting with Planning Board, May 15, 1975 and the minutes of the Regular Meeting & Public Hearing, May 22, 1975, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. BILLS AND ACCOUNTS Councilman Cairnie made a motion that the bills as checked over at the Workshop meeting be approved, being seconded by Councilman Lodico. Mr. Taylor asked about the procedure of the bills and accounts and there not being a copy for the people present at the meeting. Mayor Severance stated that it was the intention that a copy of the bills would be available for the public at the meetings, and he instructed the City Manager of this. Mr. Taylor stated that he wanted to question all the bills on the City vehicles. A lady from the audience stated that since there is no copy of the bills for the public could someone read them? Mayor Severance stated that they could. 5 min. The City Manager began reading the list of bills. There being no questions on the bills, upon roll call vote said motion CARRIED. 10 min. Q o COMMUNICATIONS City Manager Bryant read a letter from the Edgewater PTA in regards to the condition of South Old County Road, requesting that this road be repaved. Councilman Cairnie stated that the City Manager was requested to find out from the School Board how much of that road the City owns. City Manager Bryant stated that he has located in our files a Warranty Deed from Mr. May and his wife to the City in 1966 for the right-of-way to the edges of the property on Old County Road. The estimated cost of resurfacing this road is $3,591.70. The City Manager stated that he is not in the position to certify this amount. Mayor Severance stated that action could be taken contingent upon certified funds. 15 min. Mr. Armstrong stated that he knows this would be a worthwhile project, however since there is going to be some construction in that area, the large trucks that are going to be using the street, he feels that when this construction is finished would be a better time to start this repaving. Mrs. Zdanis stated that this construction may not begin until 1976, and this road cannot stay in the present condition until that time. Councilman Lodico asked the City Manager how long this would take. City Manager Bryant stated that once we got the pavisg contract it would propably only take a couple of days,as far as the catch basin, this would take about two weeks. Councilman Dietz suggested that this could be put out on bids however not to begin until just before the start of school. 20 min. Mayor Severance stated that when construction begins, access to the school by these large trucks could be limited to the Turgot entrance. Councilman Cairnie madea motion that we instruct our City Manager to put the proper drainage on that particular street and to hold off on the actual paving, until we find out from the School Board what they are going to do, and as soon as we find out we go ahead with the paving, being seconded by Councilman Dietz Mr. King stated that if it was going to cost $3,000.00 to save one child's life, it should be done. 25 min. Upon roll call vote the above motion CARRIED. Mayor Severance voting NO. · City Manager Bryant began reading a communication in regard to the Recreation Program, -2- Q o Mrs. Ryta Webber interrupted stating that she feels that this letter should not be read because it is an aunonomous letter. Mayor Severance stated that this letter was put on the agenda for tonight's meeting and if he hears no objections from the Council he will have to have it read. There being no o>>jections from the Council, Mr. Taylor asked who wrote~this letter. Mayor Severance stated that he did not know, it is signed by residents of the City of Edgewater. A man from the audience stated that he could come up with about thirty other people in the audience and sign the letter, however when it was written they did not know how to sign it so the People of Edgewater was put on the bottom. The City Manager was instructed to read the letter. Tape 2 Side A o min. The letter was requesting that the Council reconsider and proceed with a Summer Recreation Program. Councilman Cairnie stated that he is not opposed to a recreation program, he stated that he does object to the City purchasing baseball equipment for the adults, however as far as the children are concerned he is definitely for a recreation program, the other objection to the program is that it starts on June 16 and he feels that this is too early. Councilman Cairnie made a motion that we go ahead with the Recreation Program with the exception of the adult part of it and that the program start on June 23, 1975, being seconded by Councilman Lodico. There was some question about whether there are funds available for this program. City Manager Bryant spoke on this explaining the program that the City is working under with the ~c~ G~r~~ Mrs. Webber asked why the City is ~~ participating ~th the County Recreation Program. Mayor Severance explained that the City is workisg with the County, however the City is supplying activities that the County is not. 10 min. There were several questions from the audience in regards to the different activities. Upon roll call vote said motion CARRIED. Councilman Dietz voting NO. The D~puty City Clerk read the Certification of Posting. City Manager Bryant read a letter from Judson I. Woods stating his resignation as Judge of the City of Edgewater. Councilman Cairnie made a motion to accept this resignation, being seconded by Councilman Lodico. Upon roll call vote sadd motion CARRIED. RESOLUTIONS: None -3- o u ORDINANCES: (All second readings) ORD. NO. 927 AN ORDINANCE ESTABLISHING A BUILDING CODE FOR THE CITY OF EDGEWATER, FLORIDA, CREATED BY SPECIAL ACT HAVING POWER TO ADOPT SUCH CODE GOVERNING THE CONSTRUCTION, ALTERATIONS, ADDITIONS TO, REPAIR OF, MOVING AND DEMOLITION OF BUILDINGS OR APPURTENANCES, EXCAVATING AND BLOCKING OF PUBLIC STREETS, ALLEYS OR WAYS AND REPLACING SAME: FIXING PENALTIES FOR VIO- LATION, PROVIDING FOR THE ISSUANCE OF PERMITS, PROVIDING FOR THE SCHEDULE OF FEES TO BE PAID TO THE CITY OF EDGEWATER FOR VARIOUS LICENSES,PERMITS, SERVICES AND PRIVILEGES INCORPORATED HEREIN, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH INSOFAR AS THE SAME CONFLICT WITH THE TERMS OF THIS ORDINANCE, AND PROVIDING AN EFFECTIVE DATE. City Attorney Weaver read this Ordinance by title only Councilman Lodico made a motion to adopt this Ordinance, being seconded by Councilman Dietz. 15 min. Councilman Lodico stated that he spoke with the County Building Inspector about this code and the County Code. Councilman Lodico stated that he suggests that we adopt the County Code and save a lot of paper work. Councilman Dietz stated that he feels we are complicating things and we don't have the man power to enforce these new laws, if we use the County Inspector, why don't we adopt their laws. Mayor Severance stated that he feels that the Southern Standard Building Code could be a little stronger than it is. There was a question why the City does not have their own inspector. Mayor Severance explained that we pay less to use the County Inspector that we would if we employed one of our own. 20 min. The lady asked if the strict code was passed for the City of Edgewater would this inspector enforce this? Mayor Severance stated that he would have to. Mr. Taylor asked the City Attorney if this is a direct copy of the County Code? City Attorney Weaver stated that he does not know,he did not prepare it, the City Building Code Committee did it. Mr. Taylor asked if Mr. Weaver didn't have to approve the Ordinance before the fipst ~eading? Mayor Severance stated that City Attorney Weaver did approve the legal form of the Ordinance however he could not approve the contents of this Ordinance. There was more discussion about the County Code and whether it is as strict. Upon roll call vote said motion DIED. Councilman Lodico, Councilman Cairnie and Councilman Dietz all voting NO. -4- o Q ORD. NO. 928 THERE IS HEREBY AN ORDINANCE CREATED BY THE CITY OF EDGEWATER FLORIDA TO BE ENTITLED MECHANICAL. A SECTION IN THE BUILDING DEPARTMENT WITH JURISDICTION AND CONTROL OVER AIRCONDITIONINq, REFRIGERATION, HEATING, VENTILATING WORK AND INCINERATORS, PRESCRIBING STANDARDS AND REQUIREMENTS FOR THE INSTALLATION, REPAIR, MAINTENANCE AND ALTERATION FOR REMOVAL OF ALL SUCH ITEMS, PROVIDING FOR THE EMPLOYMENT OF INSPECTORS AND PRE_- SCRIBING THEIR DUTIES, CREATING A BOARD OF EXAMINERS FOR MEC- ANICAL CONTRACTORS AND PROVIDING FOR THEIR APPOINTMENT, MEETINGS, DUTIES AND POWERS, PRESCRIBING RULES AND REGULATIONS FOR FILING OF APPLICATIONS AND CERTIFICATES OF COMPETENCY, CONDUCT OF EXAMINATIONS, CLASSIFICATIONS OF CONTRACTOR"S CERTIFICATE FEES, PRESCRIBING PROCEDURE FOR ISSUANCE OF CERTIFICATES OF COMPETENCY ASSIGNMENT OF REGISTRATION NUMBER FOR CERTIFICATE HOLDER, RE- QUIRING PLACING OF SIGNS ON BUSINESS VEHICLES USED BY CONTRAC- TORS, REQUIRING THE SECURING OF PERMITS BEFORE PERFORMANCE OF WORK AND PAYMENT OF FEES THEREFOR, PRESCRIBING GROUNDS FOR RE- VOCATION OF PERMITS, AND PRESCRIBING PENALTIES FOR THE VIOLA- TION OF ITS PROVISIONS, REPEALING ORDINANCES IN CONFLICT THERE- WITH AND PROVIDING AN EFFECTIVE DATE. City Attorney Weaver read this Ordinance by title only. Councilman Lodico made a motion to adopt this Ordinance, being seconded by Councilman Dietz, both stating that this is for questions. Councilman Lodico stated that this is the same situation as the preceding Ordinance Upon roll call vote said motion DIED. Councilman Lodico, Councilman Cairnie and Councilman Dietz all voting NO. Tape 2 Side B ORD. NO. 929 AN ORDINANCE RELATING TO THE REGULATION AND CONTROL OF THE LOCATION, CONSTRUCTION, REPAIR AND ABANDONMENT OF WELLS AND THE INSTALLATION OF PUMPS, PUMPING EQUIPMENT AND IRRIGATION SPRINKLER INSTALLATIONS, TOGETHER WITH PROCEDURES RELATING THERETO, IN ALL AREAS OF THE CITY OF EDGEWATER, PROVIDING FOR DEFINITIONS, PROVIDING FOR REGISTRATION OF QUALIFIED SANDPOINT WELL DRILLERS, PUMP INSTALLERS AND/OR IRRIGATION SPRINKLER IN- STALLERS, PROVIDING GROUNDS FOR THE REFUSAL, REVOCATION, OR SUSPENSION OF SUCH REGISTRATION, PROVIDING PREREQUISITES FOR OCCUPATIONAL LICENSES, PROVIDING FOR PERMITS TO DRILL WELLS AND/OR INSTALL PUMPS IN ALL AREAS OF THE CITY OF EDGEWATER, DECLARING THE VIOLATION OF THIS ORDINANCE A MffiSDEMEANOR AND AUTHORIZING THE CITY COUNCIL BY SUIT TO ENJOIN THE VIOLATION OF THIS ORDINANCE, PROVIDING THAT THIS ORDINANCE SHALL BE LIBERALLY CONSTRUED, PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. City Attorney Weaver read this Ordinance by title only. Councilman Lodico made a motion to adopt this Ordinance, Councilman Dietz stated that for question he would second the motion. Mr. Taylor asked the City Attorney if this is a copy of the County's Ordinance. City Attorney Weaver stated that he did not know about the contents of this Ordinance. 5 min. There were several questions from the audience in regards to this. -5- o o It was explained that if someone was to put a well in their yard it would have to be properly inspected. There was much confusion, Councilman Lodico called for the question. Upon roll call vote said motion DIED. Councilman Cairnie, Councilman Dietz and Mayor Severance all voting NO. ORD. NO. 930 AN ORDINANCE COVERING ELECTRICAL CONSTRUCTION AND THE SALE, INSTALLATION, USE, MAINTENANCE AND REPAIRS OF ELECTRICAL WIRING, APPARATUS OR EQUIPMENT FOR LIGHT, HEAT, POWER OR ADVERTISING WITHIN THE LIMITS OF THE CITY OF EDGEWATER, AND CREATING AND DESIGNATING THE BOARD OF EXAMINERS OF ELEC- TRICIANS AND NEON SERVICEMEN OF VOLUSIA COUNTY AND DEFINING DUTIES AND POWERS OF SAID BOARD AND OF THE CITY ELECTRICAL INSPECTOR, PROHIBITING PRACTICE, PURSUIT AND CONDUCT OF ELECTRICAL CONSTRUCTION WITHOUT BEING CERTIFIED BY SAID BOARD OF EXAMINERS AFTER AN EXAMINATION AS RROVIDED FOR HEREIN AND PROVIDING EXAMINATION FEES AND ANNUAL RENEWAL OF FEES THEREAFTER, PROVIDING FOR A BOARD OF REVIEW, PRO= VIDING RULES AND REGULATIONS FOR ALL ELECTRICAL CONSTRUCTION AND THE USE OF ALL M~TERIALS AND APPLIANCES IN CONNECTION WITH INSTALLATION, MAINTENANCE AND OPERATION OF ELECTRICAL APPARATUS OR EQUIPMENT FOR LIGHT, HEAT, POWER OR ADVERTISING IN THE CITY OF EDGEWATER, FLORIDA, PROVIDING FOR THE ISSUANCE OF PERMITS FOR ANY ELECTRICAL CONSTRUCTION,INSTALLATION OF ELECTRICAL WIRING, APPARTUS OR EQUIPMENT OR FOR ANY EXTEN- SIONS OR CHANGES TO EXISTING SYSTEMS OR WIRING FOR LIGHT, HEAT, POWER OR ADVERTISING IN THE CITY OF EDGEWATER AFTER PAYMENT OF INSPECTION FEES PROVIDED FOR IN THIS ORDINANCE, AND PROVIDING PENALTIES FOR THE VIOLATION OF ANY PROVISIONS OF THIS ORDINANCE, ADOPTING THE RULES AND REGULATIONS OF THE 1971 ISSUE OF THE NATIONAL ELECTRICAL CODE AS A MINIMUM STANDARD ELECTRICAL CODE FOR THE CITY OF EDGEWATER, REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING WHEN THIS ORDINANCE SHALL TAKE EFFECT. City Attorney Weaver read this Ordinance by title only. Councilman Lodico made a motion that we adopt this Ordinance, Councilman Dietz seconded the motion for question. Councilman Lodico stated that this is again the same as the County, or nearly. Upon roll call vote said motion DIED. Councilman Lodico, Councilman Cairnie, and Councilman Dietz all voting NO. ORD. NO. 931 AN ORDINANCE DEFINING AND REGULATING GENERAL CONTRACTORS IN THE CITY OF EDGEWATER CREATED BY SPECIAL ACT HAVING POWER TO REGULATE GENERAL CONTRACTING, PROVIDING FOR CERTI- FICATES OF COMPETENCY AND REQUIREMENTS AND EXAMINATION THERE- FOR, REQUIRING APPLICATION FEES, PRESCRIBING REVIDCATION OR SUSPENSION OF CERTIFICATES OF COMPETENCY AND PROVIDING FOR A PENALTY FOR VIOLATION THEREOF. City Attorney Weaver read this Ordinance by title only. Councilman Lodico made a motion to adopt this Ordinance, being seconded by Councilman Dietz. -6- o o Mr. Hanson asked if this grandfathers in any of the local contractors? City Attorney Weaver stated that he believes this does grandfather in contractors that are presently licensed. Upon roll call vote said motion DIED. and Councilman Dietz voting NO. Councilman Cairnie ORD. NO. 932 AN ORDINANCE AMENDING SECTIONS 2-36, 2-36, 2-38 AND 2-5 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HERE- WITH AND PROVIDING AN EFFECTIVE DATE THEREFORE. 15 min. City Attorney Weaver read this Ordinance in full. Mr. Armstrong asked a question in regards to the Vice Mayor and/or acting Mayor calling a special meeting in the absence of the Mayor. It was explained that the Council feels the way this Ordinance reads is the way to do it. 25 min. There was some discussion as to whether the public is allowed to speak at the workshop meetings. Mayor Severance read that section of the Ordinance, explaining that the public is allowed to speak, however this is to be kept at a minimum, because the discussion should be done at the regular meeting. Councilman Lodico made a motion to adopt this Ordinance, being seconded by Councilman Cairnie. Upon roll dall vote said motion CARRIED. Mayor Severance stated that the ne*t Ordinances tonight aDe the Sign Ordinance and the Subdivision Ordinance. Councilman Cairnie made a motion that the Ordinances on the Signs and Subdivisions be tabled for further study, being seconded by Councilman Lodico. Mayor Severance explained that we are not just tabling this, we are going to set up a meeting with both the Zoning and Planning Boards to discuss these ordinances. Upon roll call vote said motion CARRIED. OLD BUSINESS: City Manager Bryant explained to the public that when we got into the program in regard to pagers and chargers, it was agreed by the County Czvil Defense through the Department of Community Affairs that they would contribute one half of the funds up to $6,782.00. Mr. Bryant explained that the bids were opened and because of some confusion in regards to the outdoor siren it was recommended by the Civil Defense Director, Mr. Paul Read that we rebid the outdoor warning siren. City Manager Bryant read the bids for the pocket pagers and the chargers, and recommended on behalf of the Fire Chief, Civil Defense Coordinator, the Volusia County Civil Director, that the second low bid of $10,495.00 be awarded to the Motorola Communications Electronics Inc., the reason being that the bid which was lower did not meet all of the specifi- cations. Half of this amount is $5,297.50. -7- -~ 5 min. 15 min. 20 min. 25 min. Tape 3 Side B o min. o o At this time the Deputy City Clerk read the certification of funds to purchase this equipment. Councilman Dietz made a motion that we accept the bid of Motorola for the pagers and the chargers, being seconded by Councilman Lodico. There was a question from the audience about what these pagers are. Mr. Tom Duane, of the Fire Department spoke to the audience about this, showing them one of the pagers, explaining the efficiency of the pagers, and also giving a demonstration of how the pagers work. City Manager Bryant read the guarantee from Motorola. Councilman Cairnie asked if the Police Department could use these pagers also? Mr. Duane explained that the Police Department could use the pagers and they could have a different tone than the Fire Upon roll call vote said motion CARRIED. Mayor Severance stated that the next item is whether we are to increase insurance coverage on some of the City property; the Water tower in Florida Shores, the Water tower on Park Avenue, City Hall, Community Center and the Library. Councilman Cairnie stated that there was a discussion with the City Manager, add his question is who set these values? He stated that he feels these figures should be checked out. City Manager Bryant stated that if we hire a professional appraiser it will cost, however an unprofessional look at it could do the Job. Mr. Armstrong stated that you could check with the Department of Assessment and this would be free of charge. Councilman Dietz asked if we don't comply with this what happens? City Manager Bryant stated that you must insure within 90% of its replacement value to be covered 100%. Councilman Dietz made a motion to go ahead and comply with the insurance company's wishes, however in the mean time have Mr. Tucker, check out these buildings and towers and try to get an appraisal, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. Councilman Cairnie made a motion to refund the $75.00 fee to Government Builders, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. City Manager Bryant spoke to the Council about the accoustical tile for the Community Center. He stated that he spoke with a man from New Smyrna Beach who handles this and he stated that this cost will be less than $600.00. -8- . o o Councilman Dietz made a motion that we turn this over to the City Manager and let him use his own judgment and if it will help the accoustics in this room, lets get it done, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. Mayor Sevenance stated that the question that was asked earlier about Riverside Drive in regards to the paving, this is scheduled to be paved in this fiscal year by the County, along with Park Avenue. NEW BUSINESS: Mayor Severance stated what is the Council's pleasure in regards to the Public Hearing and the sewer connection fee~ Councilman Cairnie stated that hi would like to make a motion to table this until the next workshop, being seconded by Councilman Dietz. Councilman Dietz asked if when this is handled, could it be rotractive back to this time. 5 min. ~ity Attorney Weaver stated that he would answer that at the workshop. Upon roll call vote said motion CARRIED. There was some discussion in regards to the next item on the agenda; the minimum charge on all connections to water and sewer. There was no action needed on this. City Attorney Weaver stated that he is waiting for the final copy of the law in regard to a service charge on all returned checks. There is a state law on this. Councilman Dietz stated that he feels we should be a little lienant with this due to the fact that the bank charges for returned checks already. Councilman Cairnie stated that he doesn't think it is a big problem at the pre~ent time. Councilman Cairnie made a motion to wait until we get the full eliment of the law from the State, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Councilman Cairnie made a motion to excuse Councilman Sikes from the next three regular meetings, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. 10 min. Councilman Lodico made a motion that we instruct our Attorney to draw up the necessary Ordinance to adopt the County Building Code, so that any additions that are put on there will be put in, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Mayor Severance voting NO. Mr. Armstrong spoke to the Council at this time on behalf of the Civic Association, in regard to the auditor's six months report. He stated that there appears to be a discrepancy between the report that was made by Mr. Cunningham in March and the Clerk's Cash Statement in April on the acuual collections of revenue. He stated that it is a request that between now and the next that there be some explaination on this. -9- . o o MISCELLANEOUS: Mrs. Sam Taylor spoke to the Council at this time that she was in Court on June the lOth and was unjustly treated by the City of Edgewater, and she would like to see either a tape recorder or a secretary in the Courtroom so that there is a record of the cases so that no one else will have to be put through what she was put through. City Attorney Weaver explained the case and the situation to the Council, answering any questions the Council had. Councilman Dietz asked Attorney Weaver if this lady is not satisfied with the verdict does she have the right of appeal? Attorney Weaver stated that it wouaa be up to the City to appeal for her, however it is hard to appeal a case that has no record. There was much confusion and discussion in regard to this matter. Tape 4 Side A o min. Councilman Cairnie asked Mr. Taylor to tell the Council what happened yesterday when she came to the City and when she left, he asked did Mr. Taylor call her? Mrs. Taylor stated that Mr. Taylor called her this morning and said that someone in City Hall had already notified him that she had been down to find out about my case Councilman Cairnie stated that that is the point he wanted made. Mayor Severance asked Mrs. Taylor if she would like a new trial? Mrs. Taylor stated that she would. Councilman Cairnie made a motion that we should go with Mrs. Taylor and have a new trial, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. ADJOURNMENT: Councilman Cairnie made a motion to adjourn this meeting, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. ANNOUNCEMENTS: Merit Board - June 18, 1975, 7:30 P.M. Board of Adjustments - Public Hearing 6-18-75 at 7:30 Workshop - June 23, 1975, 7:30 P.M.' Regular Council Meeting - June 26, 1975 MINUTES TAKEN BY: Elizabeth J. Crouser Debbie Sigler -10- ~ '..-. v ATTEST: $kv fkLdL City Clerk Approved this 26th day of June, 1975. u ,{2~" /~~~~ Mayor Councilman Councilman .~}\ ~A----vv<>L- ~/td - oiulcilman ~ Mayor -11- pj!~ ~ U ~