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05-08-1975 - Regular " v u 1 I THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLROIDA REGULAR MEETING HELD MAY 8, 1975 Tape 1 Side A o min. The regular meeting of the City Council of the City of Edgewater, Florida was called to order May 8, 1975 at 7:30 P.M. by Mayor David C. Severance. ROLL CALL: Mayor David C. Severance Councilman Jacob Lodico Councilman William Cairnie Councilman Walter B. Sikes Councilman Calvin R. Dietz City Manager Dale Bryant City Attorney Joseph Weaver City Clerk Sue Blackwell Chief of Police Katez Present Present Present Present Present Present Present Present Present INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES: Councilman Lodico made a motion to accept the minutes of the regular meeting April 10, and the regular meeting April 24, being seconded by Councilman Cairnie. .Upon roll call vote said motion CARRIED. Councilman Dietz stating April 10, Yes, April 24, No. BILLS AND ACCOUNTS: Councilman Cairnie made a motion to pay the bills being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. PROCLAMATION: --_.- 14ayor Severance read a Proclamation setting forth the first week of Mayas IlKindness to Animals vleek". COMMUNICATIONS: Certification of Posting Clerk's Cash Statement General Fund Budget Report The City Clerk read a memorandum from the Board of Adjustments asking for some clarification in regard to certain sections of the Zoning Ordinance. Councilman Cairnie made a motion to table this until the next workshop, being seconded by Councilman Lodico. Upon roll call vote-said motion CARRIED. ~ o u 5 min. Councilman Dietz stated that before we go any further into communications why don't we discuss the budget. He stated that we did vote to amend this at the last meeting, and yet it doesn't show in here. The City Clerk explained that it will not reflect until the May budget because it was not audited on these figures. Councilman Dietz stated that according to these figures our budget is over expended for the six months period. Councilman Sikes asked if we have any CETA money coming in to go toward this? The City Clerk stated that just this month we have received $8,000.00. Mayor Severance stated that we will discuss this budget at the next workshop. The City Clerk read another memorandum from the Board of Adjustments stating the results of their Public Hearing May 5, 1975. 10 min. Councilman Cairnie made a motion to accept the recommendation of the Board of Adjustments, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Mayor Severance read a letter from the Planning Board in regard to a street paving program. Mayor Severance stated that this will be added to the other matters to be discussed at a joint meeting later on this month with the Planning Board. Councilman Lodico stated that he would like for the City Attorney to look into it and inform the Council what the Planning Boards duties are exactly. Councilman Lodico made a motion that we table this communication until the joint meeting with the Planning Board, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. Mayor Severance asked City Manager Bryant to see what the duties of the Planning Board are. 20 min. Councilman Sikes asked could the City Manager get some type of written commitment in regard to paving Riverside Drive and Park Avenue, together with some prices on coating. RESOLUTIONS: RES. NO. 578 A RESOLUTION DESIGNATING THE REPRESENTATIVE FROM THE CITY OF EDGEWATER TO THE VOLUSIA COUNCIL OF GOVERNMENTS AND FURTHER ADOPTING TilE PROCEDURE FOR ALTERNATE REPRESENTATION ON THE VOLUSIA COUNCIL OF GOVERNMENTS AND PROVIDING AN EFFECTIVE DATE THEREFORE. City Attorney Weaver read this Resolution in full. Councilman Cairnie made a motion to adopt this Resolution being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. -2- ~ o o RES. NO. 579 A RESOLUTION ESTABLISHING AN INFORMAL CONFERENCE PERIOD BETWEEN MEMBERS OF THE CITY COUNCIL OF THE CITY OF EDGEWATER AND THE CITY MANAGER, PROVIDING A TIME AND PLACE FOR SUCll MEETING, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFORE. 25 min. City Attorney Weaver read this Resolution in full, setting forth every Wednesday afternoon except on legal holidays from the hours of 2:00 P.M. to 4:00 P.M. as this conference period. Councilman Cairnie made a motion to adopt this Resolution, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. Councilman Sikes and Mayor Severance voting NO. ORDINANCES: Tape I Side B o min. 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 UP 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 INCORPOR- ATED 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. Councilman Dietz stated that he understands that these men worked very hard on this program and he stated that the cause of this whole situation was one group of houses built in Florida Shores, which was not really the fault of the laws, but the fact that it was not policed properly. He stated that we have adequate laws to protect the people, and this is going to create another group of laws which is going to cause more trouble and there will have to be variances and appeals, and this is going to be costly to the City. Mayor Severance explained that Mr. Dietz is correct that the group of houses in Florida Shores was part of this situation, however there are a number of things in the Southern Standard Building Code that need to be a little more stringent. Councilman Cairnie stated that if they follow the Southern Standard Building Code there will be no problem. 5 min. There was more discussion in regard to this. Councilman Dietz asked if the County Inspector agrees with inspecting under these amendments? Mayor Severance stated that he believes some of these amendments evolved out of a meeting with the County Building Inspector and some of these amendments are already used by the County. -3- ~ Q o Councilman Dietz asked why the City doesn't just adopt the County's Code? City Attorney Weaver stated that since the Southern Standard Building Code was adopted there have been many amendments made to it, which the City goes by and it is up to the dif- ferent individuals to know the laws. Mr. Taylor asked if a bond must be placed for every building permit? Mayor Severance stated that there is a performance bond for each contractor to do the work in the City. 20 min. Councilman Lodico called for the question. Upon roll call vote said motion CARRIED. Councilman Cairnie and Councilman Dietz voting NO. ORD. NO. 928 THERE IS HEREBY AN ORDINANCE CREATED BY THE CITY OF EDGEWATER FDORIDA TO BE ENTITLED MECHANICAL. A SECTION IN THE BUILDING DEPARTMENT WITH JURISDICTION AND CONTROL OVER AIRCONDITIONING, 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 0F INSPECTORS AND PRE- SCRIBING THEIR DUTIES, CREATING A BOARD OF EXAMINERS FOR MECHANICAL CONTRACTORS AND PROVIDING FOR THEIR APPOINTMENT, MEETINGS, DUTIES, AND POWERS, PRESCRIBING RULES AND REGULA- TIONS FOR FILING OF APPLICATIONS AND CERTIFICATES OF COMPE- TENCY, CONDUCT OF EXAMINATIONS, CLASSIFICATIONS OF CONTRACTOR'S CERTIFICATE FEES, PRESCRIBING, PROCEDURE FOR ISSUANCE OF CERTI- FICATES OF COMPETENCY, ASSIGNMENT OF REGISTRATION NUMBER FOR CERTIFICATE HOLDER, REQUIRING PLACING OF SIGNS ON BUSINESS VEHICLES USED BY CONTRACTORS, REQUIRING THE SECURING OF PERMITS BEFORE PERFORMANCE OF WORK AND PAYMENT OF FEES THEREFOR, PRE- SCRIBING GROUNDS FOR REVOCATION OF PERMITS, AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS, REPEALING ORDINANCES IN CONFLICT HEREWITH,AND PROVIDING AN EFFECTIVE DATE. City Attorney Weaver read this Ordinance by title only. Councilman Sikes made a motion to adopt this Ordinance, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. Councilman Cairnie and Councilman Dietz voting NO. 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 INSTALLERS, PROVIDING GROUNDS FOR THE REFUSAL, REVOCATION, OR SUSPENSION OF SUCH REGISTRATION, PROVIDING PREREQUISITES FOR OCCUPATIONAL LICENSES, PROVIDING FOR PER- MITS TO DRILL WELLS AND/OR INSTALL PUMPS IN ALL AREAS OF THE CITY OF EDGEWATER,DECLARING THE VIOLATION OF THIS ORDINANCE A MISDEMEANOR 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. -4- o o City Attorney Weaver read this Ordinance by title only. Councilman Sikes made a motion to adopt this Ordinance, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. Councilman Cairnie and Councilman Dietz voting NO. Tape 2 Side A o min. Mr. Taylor asked if this is going to mean that there will be two fees now? The City Attorney explained that there will be only one fee. 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 ELECTRICIANS 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 WITH- OUT BEING CERTIFIED BY SAID BOARD OF EXAMINERS AFTER AN EXAMIN- ATION AS PROVIDED FOR HEREIN, AND PROVIDING EXAMINATION FEES AND ANNUAL RENEWAL OF FEES THEREAFTER, PROVIDING FOR A BOARD OF REVIEW, PROVIDING RULES AND REGULATIONS FOR ALL ELECTRICAL CONSTRUCTION AND THE USE OF ALL MATERIALS AND APPLIANCESi 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, IN- STALLATION OF ELECTRICAL WIRING, APPARATUS OR EQUIPMENT OR FOR ANY EXTENSIONS 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 PROVISION 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 Sikes made a motion to adopt this Ordinance, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. Councilman Cairnie and Councilman Dietz 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 CERTIFICATES OF COMPETENCY AND REQUIREMENTS AND EXAMINATION THEREFOR, REQUIRING APPLICATION FEES, PRESCRIBING REVOCATION OR SUSPENSION OF CER- TIFICATES OF COMPETENCY AND PROVIDING FOR A PENALTY FOR VIOLA- TION THEREOF. City Attorney Weaver read this Ordinance by title only. Councilman Lodico made a motion to adopt this Ordinance, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. Councilman Cairnie and Councilman Dietz voting NO. -5- Q Q ORD. NO. 932 AN ORDINANCE AMENDING SECTIONS 2-35, 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. City Attorney Weaver read this Ordinance by title only. 5 min. Councilman Lodico made a motion to adopt this Ordinance, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. Councilman Dietz questioned the section where it states that the City Attorney can prepare an Ordinance on his own remission. It was explained that this is one of the changes being made in this Ordinance, Mayor Severance read the amended section. 10 min. Upon roll call vote said motion CARRIED. OLD BUSINESS: There was no motion made in regard to the applications for a Building Inspector. The issue DIED. Councilman Lodico stated that before we decide on hiring any one for the Property Management Clery. we should remember that our attorney advised that no one should be hired by Ordinance. Councilman Dietz stated that he feels this man should be hired by contract. City Attorney Weaver stated that if you go into a contract he is not going to be your employee. There was much discussion in regard to this. 15 min. The City Clerk explained that under the Ordinance that hired Mr. Bryant it gave him the power to hire and fire other than Department Heads. Councilman Dietz stated that we should make it a Resolution and list in it his salary and the certain amount of time that he is being hired for. The City Attorney stated that the minutes of this meeting are public record and if you state the salary that he is to be hired under, it will be on the record. Councilman Dietz stated that the salary has to become a part of public record. Mr. Bryant stated that he feels that he has already written up the job description, and if the salary was stated in the motion, it would be on record. Mr. Taylor stated that the duties should be specified in the Resolution, and does this supply an assistant City Manager? 20 min. Mayor Severance stated that this man will not be an assistant City Manager; because of his experience and background he could work on the Zoning, as far as questions. There was some discussion as to how long this man is going to be hired for. -6- ., Q o City Manager Bryant stated that this job will consist of establishing the Property Management and tagging all of the property that the City owns as required by the State, setting up an inventory control so that at any point through the order of purchasing we know exactly where the purchase order is, where the equipment is and when the material is received, and how it is received into stock, and how it is taken out of stock. This has been required by the Auditor General. Tape 2 Side B o min. Mr. Taylor stated that this City does not need an Assistant City Manager. Mr. Bryant stated that the only reason that this came up was when we were considering the position of the Building Inspector, it was indicated that the Building Inspector would also assume the responsibilities of zoning. It was only commented by the Council that this individual might be in the position to take over the zoning requirements in addition to the duties he is being hired for. Mr. Taylor asked Mr. Bryant if he received permission to use this man as an assistant at the last Council meeting? Mr. Bryant stated that in lieu of hiring a Building Inspector. Mr. Armstrong spoke on this saying that the Charter states that a salary shall be fixed by Ordinance or Resolution. Councilman Dietz made a motion that we hire as Property Management Clerk as his basic duties, Woodrow Tucker, at a salary of $7200.00 a year, his duties will be primarily as Property Management Clerk and other duties that will fit in with his schedule deemed by the City Manager, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. 5 min. Councilman Cairnie made a motion to table the matter on Civil Defense until the next workshop, being seconded by Councilman Lodico. The City Clerk stated that she could not get the complete information until they get a complete list. If the number of members is reduced from 40 to 20, they assume it will be approximately 65% of the amount they gave you for the cost of the insurance. It varies because it depends on whether they are minors or working people. They would not be covered under the City's liability policy. Mayor Severance stated that if we are going to table this until further study some action should be taken to discontinue all Civil Defense functions until such time that insurance is available. 10 min. Mr. Christy introduced Phillip Reed, who was present in Orlando when the Brewery exploded, and he gave mouth to mouth resusita- tion to a man and saved his life. He recently was on T.V. in regard to his actions. Upon roll call vote on the motion to table this matter, said motion DIED. All Councilmen voting NO. Councilman Dietz made a motion to buy the insurance for the Civil Defense, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. -7- ~ . o o Mr. Taylor stated that he feels something should be done to praise this young man. Mayor Severance stated that he agrees and it will be done officially. 15 min. There was much discussion in regard to the joint meeting to be with the Planning Board. 20 min. Mayor Severance stated that he will contact Mr. Shambora and set up another date, since the Council cannot meet on the 21st. Councilman Cairnie made a motion to set up the meeting with the Planning Board on the 15th day of May, being seconded by Councilman Dietz. This was withdrawn. Mayor Severance stated that while the clerk is trying to call Mr. Shambora we will move on to something else. 25 min. NEW BUSINESS: Councilman Cairnie made a motion to appoint Pat Goodson to the Bicentennial Committee Chairmanship, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. Tape 3 Side A o min. Councilman Cairnie made a motion to set the Public Hearing on Federal Revenue Sharing on May 22, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. Councilman Dietz stated that he would like to instruct the City Cierk to have figures for the City Council as to the average cost of sewer installations. Councilman Dietz made a motion to set the Public Hearing on Sewer Connection Charges on June 12, 1975, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. At this time the Council went back to the discussion about the joint meeting with the Planning Board. Councilman Sikes stated that we should meet before the Public Hearing on the 22nd. Councilman Dietz made a motion to set May 15, at 7:30 as the meeting with the Planning Board to discuss a road paving program for 1975-76, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. MISCELLANEOUS: Councilman Lodico made a motion to approve the plans and specifications for the new Water Plant and Sewer Plant modifications, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. Councilman Lodico made a motion to instruct the City Attorney to draw up an Ordinance, allowing the City Manager to sign checks, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Mayor Severance stated that Mr. Fernandex suggested that a letter should be written to cancel the request for interim financing. -8- . '. - .,.' . I u u Councilman Sikes made a motion to instruct the City Manager to write a letter to the Department of Pollution Control cancelling our request for interim financing, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Councilman Cairnie stated that Mrs. Inken is retiring from her Library Post and he feels that some recognization should be made to her. ANNOUNCEMENTS: CLEAN UP DAY - MAY 14, 1975 (Entire City) WORKSHOP - May 19, 1975 in Community Center at 7:30 P.M. Regular Council Meeting - May 22, 1975 in Community Center at 7:30 P.M. ADJOURNMENT: Councilman Cairnie made a motion to adjourn, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler ATTEST: i~le~ Approved this g(c2~day of ff!~ l~:~ / Mayor -9- f ~. . ~, o GENERAL FUND City of Edgewater WW & SS Southern Bell Florida Power & Light Veto Castillano Taylor Brothers Tire American Hardware New Smyrna Beach News N.S. Commercial Printing Burns Janitor Service Biscayne Fire Equipment Robertson Automotive Rotundo Maintenance \Villiams Welding Shuffleboard Club Pitney Bowes National Utility Products IBM Xerox St.of Fla. Dept of Commerce A-I Rent All NSB Police Dept. County of Volusia Joseph E. Weaver J.E. Tumblin R . E. lvlorr i s Fla. Fire & Safety Troy Fain Insurance \-IATER AND SEWER Q BILLS AND ACCOUNTS Gen.Gov. ,Com.C. ,F.D. ,Shuflbrd. S t r e e t, F., D . Street,Gen.Gov.,Com.C.,P.& P. Com.C. Garbage, Dump Maint. Gen.Gov. ,Street, Libnary, F.D., B.P.,P.D.,Dump Maint. Gen.Gov. Gen.Gov., Garbage Com.C. F.D. P.D.,Street, Garbage Com.C.(CapitalImprov.) Street Shuffleboard Gen. Gov. Street Paving and Improv. Gen. Gov. Gen. Gov. Street Street P.D. Gen. Gov. (Bldg. Insp.) City Attorney Gen. Gov. Street, Garbage Street P.D. 91.30 99.81 2,167.23 97.50 131.00 148.91 32.90 50.36 25.80 1,020.00 173.16 642.00 17.75 ~n 7.00 30.00 288.26 28.87 137.02 127.44 37.00 144.00 281.25 510.00 522.41 26.45 · :30.30 ?R nn 7,205.72 City of Edgewater WW & SS Hater 5.50 Southern Bell \.Ja t er 40.23 Florida Power & Light vIa t er and Sewer 1,543.53 Electric Service of HSB Sewer 6.64 Taylor Brothers Tire \-later 40.00 Conrad Yelvington Sewer 15.45 Environmental Specialties Water 9.59 N.S. Commercial Printing Water and Sewer 43.74 Curtin Matheson Scientific Sewer 9.58 City Auto Supply \.Ja t er 22.66 American Hardware Water and Sewer 13.30 Sams Oil Corp. Sewer 14.20 Sav-On Utility \-1 a t er 162.84 Leopold Corp. Hater 61.34 Davis Water & Haste Ind. vlater 7.50 Petty Cash Water and Sewer 6.51 2,002.61