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03-13-1975 - Regular " . -- o o THE CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD MARCH 13,1975 Tape 1 Side A o min. The"Regular meeting of the City Council of the City of Edgewater, Florida was called to order Thursday, March 13, 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 Ch~ef of Police George Katez Present Present Present Present Present Present Present Present Present INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES Councilman Cairnie made a motion to approve the minutes of the special meeting, February 20, 1975 and the regular meeting, February 28, 1975, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. BILLS AND ACCOUNTS Councilman Cairnie made a motion to pay the bills as read at the Workshop, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. COMMUNICATIONS The City Clerk read a letter from Mr. and Mrs. W. L. Turner thanking the City Council for having Hardin Place extended. The City Clerk read a letter from the Board of Adjustments in regard to the decisions made at their last Public Hearing. Councilman Lodico made a motion to accept the recommendation of the Board of Adjustments, being seconded by Councilman Cairnie. Upon roll call vote said mOtion CARRIED. The City Clerk read a letter from the Board of Adjustments requesting a clarification of Section 904.03 of the Zoning Ordinance No. 880. Mayor Severance stated that at the Workshop this item was discussed along with a few other items and it was the feeling that a Public Hearing should be held to make these changes. 5 min. Councilman Cairnie made a motion that a joint Public Hearing will be held April 1, at 7:00 P.M., pertaining to the clarifications on Ordinance 880, and some other questions brought before the Council by the Zoning Board, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. Q Q The City Clerk read a letter from the Zoning that it is their opinion that Mrs. Minton of County Road should be allowed to rebuild her recently was destroyed by fire. Mayor Severance stated that this will also be taken care of at the Public Hearing. Board stati!Jg 208 North Old home which CIVIL DEFENSE REPORT Mr. Robert Christy requested the Council to please take care of a Resolution to form a Junior Civil Defense. These boys and girls are taking similar courses as the adults right now, and they are learning about City, County, State and Federal Government. 10 min. Mayor Severance stated that the insurance for this program has to be looked into before anything can be done. The City Clerk stated that she spoke with Mrs. Tumblin and was informed that these children would not be covered, and the City would be liable for any accident taking place during Civil Defense exercises. There will have to be a seperate accident policy and the cost will be determined by their ages. Mr. Christy stated that he would like to have the Edgewater Volunteer Emergency Rescue formed as a corporation. City Attorney Weaver stated that this could be done like the Volunteer Fire Department, and he can look into this. Mr. Christy stated that right now the Civil Defense has a set budget, however if this corporation is formed, they can go out and have fund raising benefits. 15 min. Councilman Dietz made a motion to authorize the City Attorney to set up this corporation for Edgewater Volunteer Emergency Rescue, the funds for which are to be utilized from the Civil Defense budget. Mr. Christy read a letter from the County Civil Defense Director stating that a mobile radio is necessary for each City Coordina- tor. Mr. Christy stated that he has been asking for this for some time now. This should cost approximately $377.81. Mayor Severance stated that this should go through the City Manager before the Council should take action on this. He instructed Mr. Christy to get with the Manager on this. Tape 1 · Side B o min. RESOLUTIONS: RES. NO. 569 A RESOLUTION OF INTENT TO ENTER INTO CONTRACTS WITH FIRMS AND INDIVIDUALS WHOSE BIDS WERE ACCEPTED ON THE CITY GARAGE PROJECT PROVIDING FOR A COMMENCEMENT DATE OF THE PROJECT, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFORE. This Resolution was read in full by City Attorney Weaver. Councilman Lodico made a motion to adopt this Resolution, being seconded by Councilman Sikes. -2- .,; (.) (.) Councilman Cairnie questioned what is the purpose of the intent? There is no money in the City budget to build the garage, so what is the purpose of this? Mayor Severance stated that this is to allow the releasing the bids to the low and best bidders with the understanding that no construction will begin until April 1, so that the City will have time to hold a Public Hearing to reappropriate the funds for this project. Councilman Dietz questioned that doesn't the Charter state that no bids will be let without certification of the funds by the City Clerk? Mayor Severance stated that the City Clerk will have to certify the funds, however no funds are being expended by passing this Resolution, this is just accepting the bid with the stipulation that nothing begins until April 1. Mr. Armstrong asked if the City Clerk has certified that the funds are available and deposited for the purpose for which the bids are to be awarded? The City Clerk answered that she has not certified any funds. Upon roll call vote on Councilman Lodico'a motion, said motion CARRIED. Councilman Cairnie and Councilman Dietz voting NO. 5 min. RES. NO. 570 A RESOLUTION EXPRESSING THE CITY OF EDGEWATER'S DESIRE TO PARTICIPATE IN THE INTER-CITY HELICOPTER SERVICE AS PROPOSED BY THE CITY OF PORT ORANGE, FLORIDA, PROVIDED THE YEARLY FEE DOES NOT EXCEED AN AMOUNT OF SEVEN HUNDRED FIFTY AND no/[OO DOLLARS, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. This Resolution was read by title only by City Attorney Weaver. Councilman Dietz made a motion to adopt this Resolution, being seconded by Councilman Lodico. Councilman Dietz questioned the Chief of Police whether he thought this service would help him. Chief Katez stated frankly no, he feels that this will be a waste of money, because we get help from the County anyway. Upon roll call vote of Councilman Dietz's motion, said motion DIED. All Councilmen voting NO. RES. NO. 571 A RESOLUTION APPOINTING ROBERT WOLFE AND RAYMOND SHAMBORA TO THE SOUTHEAST PLANNING COMMISSION, REPEALING ALL RESOLUTIONS IN CONFLItT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFORE. This Resolution was read by title only by City Attorney Weaver. Councilman Cairnie made a motion to adopt this Resolution being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. -3- o o RES. NO. 572 A RESOLUTION AUTHORIZING THE MAYOR AND/OR CITY MANAGER TO SIGN ANY AND ALL DOCUMENTS PERTAINING TO THE BLOCK GRANT PROGRAM, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFORE. This Resolution was read in full by City Attorney Weaver. 15 min. Councilman Lodico made a motion to adopt this Resolution, being seconded by Councilman Sikes. At this time Mrs. Murphy asked where this money is coming from. City Manager Bryant stated that this is monies allocated by Congress for improvements of general municipal functions. This is through the Housing and Urban Development Program. He stated that we put in for a $90,000.00 grant to assist with the sanitary landfill and the last three items to imple- ment to receive the full approval on the landfill. Upon roll call vote on Councilman Lodico's motion, said motion CARRIED. ORDINANCES: At this time Mayor Severance stated that he has a question for City Attorney Weaver. He asked Mr. Weaver if the first five Ordinances listed on the agenda should be held until the March 26th regular meeting and voted on then? City Attorney Weaver stated that he wanted to point out that this is only the first reading on all of these Ordinances tonight, and they will not become effective until the second reading. Councilman Sikes stated that he would like to ask the City Attorney a question. Is it right that we know that we have these monies appropriated from the last budget, and Mr. Cun- ningham indicated that we could go ahead and enter into these contracts based on the approval at a later date, now we are going about this in the right manner? City Attorney Weaver stated that we are not really entering into these contracts until the second reading of the Ordinances. Councilman Sikes questioned if the contractors could look upon this reading as a go ahead for starting? City Attorney Weaver stated that they can look upon this reading for just what it is a first reading, nothgng can be done until the second reading. It is stipulated in the Ordinance that nothing is to begin until April 1, and the second reading on these Ordinances will be March 26, if at that time these Ordin- ances do not pass the City still has time to tell the contrac- tors to forget it. ORD. NO. 914 AN ORDINANCE AUTHORIZING AND DIRECTING THE EXPENDITURE OF FUNDS FOR PROVIDING CONCRETE AND STEEL PURSUANT TO BID RECEIVED FROM MAULE INDUSTRIES, INC., AND PROVIDING AN EFFECTIVE DATE THERE- BORE FOR THE CITY OF EDGEWATER'S GARAGE PROJECT. This Ordinance was read by title only by City Attorney Weaver. -4- u o Councilman Lodico made a motion to adopt this Ordinance, being seconded by Councilman Sikes. Councilman Dietz asked if there will be a certification of funds for this Ordinance? Mayor Severance stated that at the second reading there will be, because it doesn't become effective until the second readiog. Councilman Dietz stated that he would like to refer to the Charter which states that there will be no contracts entered intO without certification of funds, Mayor SeveranGe stated that the contracts are not being entered into until the second reading. 20 min. Councilman Cairnie stated that the money has to be appropriated before this can be done. Mayor Severance stated that if the money is not appropriated between now and the second 'reading of the Ordinance, the Ordinances will die for lack of funds. Mr. Taylor asked if any amounts are mentioned in these contracts? Councilman Lodico stated that this money was appropriated number one for the garage, the money is there from last year, the garage was supposed to be built last year. Mayor Severance stated that in answer to Mr. Taylor's question the amount on this Ordinance is Between $9,000.00 and $10,000.00. Mr. Armstrong stated that there is no way this can be done by April 1, because the only way a budget amendment can be made 25 min. is by Ordinance and that Drdinance will have to have a second reading unless 4/5 of the Council agrees to declare that Ordin- ance an emergency. Tape 2 Side A o min. There was much discussion in regards to this subject. Upon roll call vote on Councilman Lodico's motion, said motion CARRIED Councilman Cairnie and Councilman Dietz voting NO. ORD. NO.915 AN ORDINANCE AUTHORIZING AND DIRECTING THE EXPENDITURE OF FUNDS FOR INSTALLING AND FINISHING ALL CONCRETE WORK PURSUANT TO BID RECEIVED FROM ROTUNDO MAINTENANCE, AND PROVIDING AN EFFECTIVE DATE THEREFORE FOR THE CITY OF EDGEWATER'S GARAGE PROJECT. This Ordinance was read by title only by City Attorney Weaver. Councilman Lodico made a motion to adopt this Ordinance, being seconded by Councilman Sikes. Mr. Taylor asked what the amount was on this bid. Mayor Severance answered $4,035.00. Upon roll call vote said motion CARRIED. Councilman Cairnie and Councilman Dietz voting NO. -5- (.) o ORD. NO. 916 AN ORDINANCE AUTHORIZING AND DIRECTING THE EXPENDITURE OF FUNDS FOR INSTALLING PLUMBING WORK PURSUANT TO BID RECEIVED FROM STEELE AND SONS, INC., AND PROVIDING AN EFFECTIVE DATE THERE- FORE FOR THE CITY OF EDGEWATER'S GARAGE PROJECT This Ordinance was read by title only by City Attorney Weaver. Councilman Lodico made a motion to adopt this Ordinance, being seconded by Councilman Sikes. Mayor Severance stated to Mr. Taylor that the amount of this bid is $365.00. Upon roll call vote said motion CARRIED. Councilman Cairnie and Councilman Dietz both voting NO. ORD. NO. 917 AN ORDINANCE AUTHORIZING AND DIRECTING THE EXPENDITURE OF FUNDS FOR CONSTRUCTION OF THE EDGEWATER CITY GARAGE PURSUANT TO BID RECEIVED FROM SAMPLEY ENTERPRISES, INC., AND PROVIDING AN EFFEC- TIVE DATE THERE60RE. This Ordinance was read by title only by City Attorney Weaver. Councilman Lodico made a motion to adopt this Ordinance, being seconded by Councilman Sikes. Mayor Severance stated that the amount of this bid is $24,715.00. Upon roll call vote said motion CARRIED. Councilman Cairnie and Councilman Dietz both voting NO. ORD. NO. 918 AN ORDINANCE AUTHORIZING AND DIRECTING THE EXPENDITURE OF FUNDS FOR INSTALLING ELECTRICAL WORK PURSUANT TO BID RECEIVED FROM EDGEWATER ELECTRIC, INC., AND PROVIDING AN EFFECTIVE DATE THERE- FORE FOR THE CITY OF EDGEWATERIS GARAGE PROJECT. This Ordinance was read by title only by City Attorney Weaver. Councilman Lodico made a motion to adopt this Ordinance, being seconded by Councilman Sikes. Mayor Severance stated that the amount of this bid is $395.00. Councilman Cairnie questioned what this electrical work was for exactly? Mr. Howard answered this question, stating that this does not include wiring inside the building, and there is a 90 day limit on this one bid. 5 min. Upon roll call vote said motion CARRIED. Councilman Cairnie and Councilman Dietz voting NO. At this time Councilman Dietz stated that in the interest of the people in the audience against this, there will be a referendum held on this, it will be in November. Mayor Severance called order to the discussion. Councilman Sikes stated that we are getting the same building that in August we got an estimate on for $65,000.00, and we are in need of this building. -6- o u At this time Mr. Howard questioned about the signing of the contracts? Mayor Severance stated that he can get with the Attorney, however there will be no signing of the contracts until after the second reading of the Ordinances. ORD. NO. 919 AN ORDINANCE AMENDING PARAGRAPH (b) OF SECTION 8 OF ORDINANCE 663 RELATING TO THE RATES TO BE CHARGED FOR CABLE TV SERVICE TO BE FURNISHED BY TELEPROMPTER, INC., THE SUCCESSOR OF TM COMMUNICATIONS COMPANY: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFORE. This Ordinance was read by title only by City Attorney Weaver. Councilman Lodico made a motion to adopt this Ordinance, being seconded by Councilman Cairnie. Mayor Severance read the rate schedule for the cable TV. The floor was given to Mr. Jones, Manager of Teleprompter, who spoke on why these rates are being increased, and the different additions made to this service and so on. 10 min. Mr. Mackie asked how many channels are received? Mr. Jones answered that at present there are seven. Upon roll call vote on the motion, said motion passed. ORD. NO. 920 AN ORDINANCE PERMITTING THE CITY COUNCIL OF THE CITY OF EDGEWATER FLORIDA, TO ENTER INTO CONTRACTUAL AGREEMENTS WITH COMMERCIAL AND INDUSTRIAL SEWER USERS IN THE CITY OF EDGEWATER, FLORIDA, RE- PEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFORE. This Ordinance was read in full by City Attorney Weaver. Councilman Lodico made a motion to adopt this Ordinance, bei~g 15 min. seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. OLD BUSINESS: Councilman Lodico made a motion to accept the Auditor's report, being seconded by Councilman Sikes. Councilman Cairnie stated that on the front of the Auditor's report the present Councilmen's names appear. He wants it clarified that the prior Council js responsible for these expenditures, not the present Council. Mrs. Murphy asked how much surplus was left at December 30th? Mayor Severance.answered $112,000.00. Mrs. Murphy stated that this seems like a great deal of surplus. Mayor Severance explained that the prior Council felt that it was time that the City do something with the Seawall, and something with Recreation and time to build protection for City equipment, and the monies to be used for these projects was included in this surplus. -7- o u Mrs. Murphy stated that it looks like the administrative costs 20 min. are much too high. There was some discussion about the library funds being spent in other areas. Upon the motion to accept the Auditor's report, said motion CARRIED. NEW BUSINESS: Councilman Dietz made a motion to approve the City Manager's letter to the Auditor General, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. There was discussion about the Cameron trailer park, and their request for a special meter with a by-pass. 25 min. Councilman Cairnie made a motion that they be given a regular meter like all other trailer parks, being seconded by Council- man Sikes. Tape 2 Side B o min. Mayor Severance explained to the audience what this request was, and what a by-pass meter does. Ray Shambora asked how many other situations in this City do we have a fire hydrant coming through somebody's meter? 5 min. Mayor Severance stated that this is private property, but the City did not ask him to put this hydrant in. Councilman Sikes stated that his hydrant will not be used for any other fire out of his park. There was much discussion in regards to this, and whether the Ci~y will have to supply a hydrant if Mr. Cameron doesn't get this type of meter. Upon roll call on the motion, said motion CARRIED. Councilman Cairnie made a motion to establish a semi-annual audit, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. Councilman Dietz made a motion to authorize the City Manager and engineers to investigate and draw up a comprehensive plan and advise to the City Council as to how to handle the situation in Florida Shores, being seconded by Councilman Cairnie. Mr. Armstrong spoke to the Council in regards to this, stating that there is a governmental study being made and he wonders if the City is jumping the gun a little in regards to this. Councilman Dietz stated that we have to have a letter into the Board of Health and Rehabilitation prior to January 1, 1977,so now we are starting the preliminary plans to see what kind of letier we are going to write. 10 min. Mr. Armstrong spoke again as to whether the City should make this study itself at this time. Councilman Sikes withdrew his second, Councilman Dietz withdrew his motion. -8- o o Councilman Dietz maae a motion that we have a comprehensive study from the City Attorney, City Manager and the Engineers for the lands of Florida Shores within the City limits of Edgewater and have these reports ready for the City Council for study only, and within in other areas in the City, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. Mayor Severance stated that in regards to the defeciencies in the Management Letter, we need to give the City Manager the authorization to implement the plans and the procedures which he has outlined to the Auditor General. 15 min. Councilman Dietz asked Mr. Bryant what we are talking about in the way of salary? Mr. Bryant stated that he would like to start this position at a Clerk 2, Step A position, which is $3.36 an hour, based on a forty hour week. Councilman Cairnie stated that is it correct that there is RO one available in the City's employ now that can't put this simplified inventory system in effect without going out and hiring a person. Councilman Sikes made a motion to authorize the City Manager to take care of the defeciencies as stated in the management letter with the exception that the hiring of the property manager will not be filled without approval of the Council, being seconded by Counei1man Dietz. Upon roll call vote said motion CARRIED, Councilman Cairnie voting NO, due to some parts in the motion that he does not like. Councilman Lodico made a motion to move the next Council meeting to March 26th, being secodded by Gounci1man Cairnie. Upon roll call vote said motion CARRIED. MISCELLANEOUS: Mr. Taylor questioned the Council that in 1973 the voters of Edgewater voted to change the recall law so that 20% of the voters could sign a petition forcing the recall election. The only Ordinances he can find calls for forty percent? I Mayor Severance stated that he knows this was passed and the information was sent to Tallahassee. Mr. Taylor stated that no Ordinance was passed, that it the point. The City Clerk stated that the way this is listed is that to recall a Councilman you must have 20% of the registered voters in that district, however when the voters register, they are registered City wide, not as for zones. Mr. Armstrong stated that at one time he had an attorney check this out, and it only takes 10% of the registered voters 25 min. for a recall election. This is for the City at large. Mayor Severance asked City Attorney Weaver check into this. Tape 3 Side A o min. Mr. Bryant stated that in regards to his proceeding to establish a mobile home at the garage for security purposes, he would like to have a permit for a septic tank. -9- o u Councilman Dietz made a motion to authorize the City Manager to go ahead and do this, being seconded by Coundi1man Sikes. Upon roll call vote said motion CARRIED. Councilman Cairnie asked why we have not been receiving the monthly reports each month? The City Clerk stated that Mrs. Crouser has worked overtime to get caught up since the auditors were here. Mr. Armstrong questioned the expense of going to a semi-annual audit when we aireadv receive monthly reports. Councilman Dietz stated that we don't want to get back to this $112,000.00 deal again, and we will know where we stand. ANNOUNCEMENTS: Public Hearing on revlslng General Fund Budget for 1974-75. City Hall at 7:00 P.M., March 26,1975. March 19, 1975 - Merit Board in Mayor's Office at 7:30 P.M. March 24, 1975 - Workshop in Mayor's Office March 26, 1975 - Council Meeting in Mayor's Office at 7:30 P.M. ADJOURN: Councilman Lodico made a motion to adjourn this meeting, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. MINUTES TAKEN BY: Sue Rlackwell Debbie Sigler ATTEST: City Clerk Approved this day of /2~ ;;r~ ~ / -10- ~ ~ ~- t;: ~ v ^' GENERAL FUND City of Edgewater City of Edgewater WW & SS Southern Bell Florida Power & Light Bank of New Smyrna Edgewater Motors, Inc. Mayor Severance Councilman Lodico City Manager Bryant Linda Leclair Engel's U.S. Gov. Printing Office Mac Smith Rental Pratts Radiator Service Burns Janitor Service New Smyrna Builders Supply Daytona Fire & Safety Equip. N.S. Commercial Printing American Hardware Williams Welding Public Gas Magnolia Motor Co. Municipal Finance Officers Baron Printers City Auto Supply J.J. Vaughn Ford-Mercury New Smyrna Chrysler Plymouth Public Technology Inc. Industiral Office Outfitters Smyrna Auto Parts, Inc. Freeway Motors, Inc. Amer. National Red Cross Hughes Supply, Inc. Diversified Electronics R. E. Morris New Smyrna Plumbing Lanier Business Products County Council, Va. Co. Joseph E. Weaver City of Edgewater George R. Katez WATER & SEWER City of Edgewater WW & SS Florida Power & Light Southern Bell Ropp's Automotive Hall Machine Works Baron Printers American Hardware New Smy~na Builders Supply Smyrna Auto Parts A-l Rent All BILLS AND ACCOUNTS MA R C H 1 3, 1 975 u Petty cash Street, F.O., Ballpark F.O., Ballpark C.C. ,F.O. ,Gen.Gov. ,P.& P. ,Rec. Gen. Gov. F . 0 . Vo.Co. Council of Gov. meeting Vo.Co. Council of Gov. me~ting Vo.Co. Council of Gov. meeting P . O. P . 0 . P.O. Street P . 0 . C.C., Street, Rec. Street,C.O. ,P.O. ,Po & P., Rec. P . 0 . Street Street,P.O.,P.& P.,Gen. Gov. Street Street Garbage Gen. Gov. Gen. Gov. Street Street P.O. Civil Defense Gen. Gov. Street, Garbage, P.O. P . 0 . Civil Defense Street, Gen. Gov., C.C., Library P.O., F.O., C.M. Street Street Gen. Gov. Gen. Gov. Gen. Gov. P.O. P .0. 9.12 17.05 45.87 286.16 12.00 11.61 6.50 6.50 6.50 8.20 39.95 5.35 177.24 16.50 78.90 56. 19 5.00 27.90 156.75 25.85 22.56 728.53 10.50 25.00 3.48 4.96 68.87 25.00 28.30 95.82 28.80 7.40 61 .56 150.05 137.33 1 .64 92.12 1,028.69 210.00 14.76 15,00 3 , 7 59--:4 ,- Sewer Water and Sewer Sewer Water Sewer Water and Sewer Water and Sewer Sewer Water Water 6.60 364.43 19.79 12.00 60.00 42.50 29.46 4.90 40.19 20.00 I .) ~", . .. ' .,. WATER & SEWER (cont.) Conrad Yelvington Sav-On Utility Jones Electric Co. Davis Meter Hughes Supply Ecodyne Corporation Allied Ch~lorine o Water Water Sewer Water Water Sewer Water and Sewer u 268.55 7.70 30.50 90.00 143.41 19.01 444.00 1,603.04