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01-23-1975 - Regular --- , ....... ~ . " u o ~ ,.,r THE CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD JANUARY 23, 1975 Tape 1 Side A o min. The Regular Council Meeting of the City Council of the City of Edgewater, Florida was called to order Thursday, January 23, 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 Dietz City Manager Dale Bryant City Attorney Joseph Weaver City Clerk, Sue Blackwell Chief of Police George Katez Present Present Present Present Present Present Present Present Present INVOCATION City Manager Bryant SALUTE TO FLAG APPROVAL OF MINUTES Councilman Lodico made a motion to accept the minutes of the Regular Council Meeting January 9, 1975, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Mayor Severance stated that there is one minor change to be made on the minutes of the Special Meeting held January 16, 1975, on page three the words first and fourth Thursday should read second and fourth Thunsdays. 5 min. At this time Councilman Cairnie questioned under what authority the City Clerk could call a special meeting? Mayor Severance explained that he instructed the City Clerk to type up the notification for the Special Meeting, and the City Clerk signed it because he could not be here. Councilman Cairnie stated that if the Mayor is out of town the acting clerk or the Vice Mayor should sign it, not the City Clerk. Mayor Severance asked the City Attorney to get a clarification on this for the public and Councilman Cairnie. Councilman Cairnie read from the Code of Ordinances in regards to this, but he stated that it was nowhere in the Charter. Councilman Dietz questioned the City Attorney how one is to vote on a motion like this if they were not at the meeting and you can- not abstain. The City Attorney stated that he could vote no. Mayor Severance asked for the Council's pleasure on the minutes of the Special Meeting, January 9th. Councilman Sikes made a motion that contingent upon the correction being made the minutes of the January 9th meeting be accepted, being seconded by Council man Lodico. Upon roll call vote said motion CARRIED. Councilman Cairnie and Councilman Dietz voting NO. Councilman Cairnie stated that he voted no because he was not at the meeting. ~ Q BILLS & ACCOUNTS Councilman Lodico made a motion to pay the bills, being seconded by Councilman Cairnie. Councilman Dietz questioned why it is necessary for the bills to be typed allover again in the minutes, why can't it just be typed that the bills were read and approved as attached. Mayor Severance stated to make that standard policy. The City Clerk stated that the minutes are approved and the bills should be included. Councilman Dietz stated that if the bills are attached what is the difference. Upon roll call vote said motion ~o pay the bills CARRIED. 10 min. The bills were read and approved as attached. COMMUNICATIONS Certification of Postings The floor was given to the City Manager who brought the Council up to date on the communications received from F.H.A. Mayor Severance stated that each Councilman has a copy of these letters and it will be discussed at the next workshop. The City Clerk read a letter from the Building Code Board asking to be notified of the status of all the building codes that they have submitted to date. Mayor Severance stated that the City Manager is instructed to write a communication to the Building Code explaining that the plans are that at the February 24th workshop action will be taken on all of these Ordinances. Final action will be on February 27th Council Meeting. The City Clerk stated that there was another letter from the Building Code requesting that when these ordinances were adopted that they be printed in booklet form. She stated that she would save this communication for the February 24th workshop meeting. The City Clerk read a letter from the Edgewater Library Board requesting stacked shelves. Councilman Cairnie made a motion that these shelves be purchased 15 min. for the library, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. The City Clerk read a letter from Mr. and Mrs. Kenneth Janice questioning their garbage rate. Mayor Severance answered the three questions specifically listed: 1. Can we transport the garbage to a disposable area. Answer No. Z. Can we obtain another garbage service? Answer Yes, shortly. 3. When is the next Council Meeting? The next meeting will be February 13th. Councilman Dietz stated that he has talked with the City Manager about this. These people are paying the lowest rate possible. He suggested that a letter be written to them explaining a~l of this, and if it is not satisfactory to them corne to the next meeting and discuss it;'being seconded by Councilman Cairnie. Mr. Sauers was given the floor, and he spoke in favor of this 20 min. complaint and stated that he was in a similar position. The City Manager explained briefly about Triangle Container Service. Upon roll call vote the previous motion CARRIED. -2- ~ o Tape 1 Side B o min. The City Clerk read a letter from Judson Woods, the City Judge requesti~g an increase in his pay to a salary of $400.00 per month. Mayor Severance stated that action will be taken later in the meeting in regards to this communication. The City Clerk read a letter from Charles A. Hall, attorney for Mr. C. N. Hamel, together with a check enclosed requesting that water lines be laid to his property and a meter installed. Mayor Severance asked the City Attorney to advise the Council in regards to this matter. City Attorney Weaver stated that he would advise the Council to return the check to Mr. Hall, the reason being that this property has not been rezoned, therefore the City has no way of knowing what size line or meter to install, etc. Councilman Cairnie asked if the Zoning Board approved the zoning of a Mobile Home Park? 5 min. City ~ttorney stated that he spoke with Mr. Wolfe, the chairman of the Zoning & Planning Board that it was determined by the board that they recommend the MHl-A classification for the property. Mayor Severance stated that a copy of a letter to this effect was at the Public Hearing. Councilman Cairnie stated that he didn't see how Mr. Hamel could be refused water hookup if it ws available. Councilman Lodico made a motion that the check be returned on the advice of the City Attorney, being seconded by Councilman Sikes. Councilman Cairnie stated that he would like to make an amendment to the motion that the letter be tabled until after we pass on the Resolution 10 min. Councilman Dietz questioned whether the Zoning Board saw plans on Mr. Hamel's property and if the Council will see the plans or are they to take the wora of the board? Mayor Severance stated that usually the Council gets the plans.for review. Councilman Lodico stated that he believes that the way the attorney stated it was that the letter just be rephrased and his motion is on this particular letter and check. Councilman Dietz stated that he would second Mr. Cairnie's motion to amend the first motion. Mayor Severance stated that action will be taken on the amendment first. Councimman Sikes questioned if the first motion had to be dealt with first. Attorney Weaver stated that the first motion should be taken care of first. Councilman Cairnie stated that the amendment to the motion should be taken care of before the motion. Councilman Lodico clarified his motion, Councilman Dietz stated that all Mr. Cairnie is asking is to table this until later on this evening. Mayor Severance explained that the Ordinance in regard to this will not pass tonight, it will only be the first reading, there- fore it will do no good to table this until later this evening. 15 min. Mr. Hamel spoke to the Council in regards to this. He questioned if the Council's intent is to delay his letter until after this Ordinance is passed. Councilman Dietz made the statement that he assumes that this would be grandfathered in the same as the other one was because it was requested before the Ordinance. -3- ( ~ o 20 min. Mayor Severance stated that the earliest time that the second reading on the Ordinance zoning his property could be at the next regular meeting on February 13th. Mayor Severance asked Councilman Dietz if he preferred to with- draw his second to the amendment to the motion to table this. Attorney Weaver stated that since there are two motions on the floor the first motion should be taken care of first. Mayor Severance called for a roll call on the motion by Council- man Lodico's motion that the check be returned to Mr. Hall on the advice of the City Attorney. Upon roll call vote said motion CARRIED. Councilman Cairnie and Councilman Dietz voting NO. At this time there were questions as to whether this procedure follows Roberts Rules of Order. The City Clerk read a letter from the Edgewater P.T.A. re- questing a bicycle trail on Ridgewood Avenue for the school children. 25 min. Councilman Cairnie made a motion that this be referred to the City Manager to contact the State Road Department to see if something can be worked out, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. The City Clerk read a letter from theChamber of Commerce donating a check in the amount of $1,000.00 for the fencing project around the recreation complex. 30 min. Councilman Cairnie stated that he thought the check should be accepted with a great deal of thanks. Tape 2 Side A o min. Councilman Cairnie made a motion that some type of sign be put out that the Chamberof Commerce donated for the fencing, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. RESOLUTIONS: RES. NO. 562 A RESOLUTION INCREASING THE SALARY OF MUNICIPAL JUDGE, JUDSON I. WOODS, JR. TO FOUR HUNDRED ($400.00) DOLLARS PER MONTH, REPEALING ALL RESOLUTIONS IN CONFLICT HERE- WITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. City Attorney Weaver read this Resolution in full. Councilman Dietz made a motion to adopt this Resolution, being seconded by Councilman Cairnie. Councilman Cairnie questioned why a Resolution has to be prepared by the City Attorney and not theCity Clerk? The City Clerk stated that it was done this way when she came to work here. Mr. Armstrong stated that all salaries shall be set by Ordinance. City Attorney Weaver explained that all Ordinances go into the Code of Ordinances as laws of the City. The setting of someone's salary is not a City law. Upon roll call vote of the motion, said motion CARRIED. -4- ,,' ~ o RES. NO. 563 A RESOLUTION AUTHORIZING THE CITY CLERK TO PURCHASE POSTAGE UP TO AN AMOUNT OF THREE HUNDRED ($300.00) DOLLARS PER PUR- CHASE, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE THEREFOR. City Attorney Weaver read this Resolution in full. Councilman Dietz made a motion to adopt this Resolution, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. RES. NO. 564 A RESOLUTION AUTHORIZING THE SALE OF THE PACKAGE SEWER TREAT- MENT PLANT LOCATED AT SILVE~ RIDGE IN EDGEWATER, FLORIDA TO MAULE INDUSTRIES FOR THE SUM OF ONE ~$l .00) DOLLAR PROVIDED THAT MAULE INDUSTRIES WILL DISMANTLE SAID PACKAGE SEWER TREATMENT PLANT, AND REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. City Attorney Weaver read this Resolution in full. Councilman Dietz made a motion to adopt this Resolution, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. ORDINANCES: ORD. NO. 909 AN ORDINANCE AMENDING ORDINANCE NO. 876 BY ADDING SUB PARAGRAPHS (e), (f) AND (g) TO SECTION 3 OF SAID ORDINANCE TO PROVIDE FOR INSPECTION ANDPERMITTING PROCEDURE FOR MOBILE HOMES AND MOBILE HOME PARKS AND REINSPECTION FEE GENERALLY IN THE CITY OF EDGE- WATER, FLORIDA, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. 10 min. City Attorney Weaver read this Ordinance by title oAly. Mayor Severance read the added sections. Councilman Dietz asked the City Attorney who determines when the Building Inspector is obligated in reinspect a building? City Attorney Weaver stated that is for when he finds some- thing wrong and has to go back to check it out again. Councilman Cairnie stated that this is just going to be another Ordinance that won't be enforced. 15 min. Councilman Dietz stated that there is a State law about anchoring trailers and it is the responsibility of the City to see that they are anchored right. There is an inspection for tnis so why not inspect the whole thing at one time. Councilman Sikes made a motion to adopt this Ordinance, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. Councilman Cairnie voting NO. ORD. NO. 910 AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 604 BY ADDING THE WORD IIVALIDII IMMEDIATELY BEFORE THE WORD IILICENSEII IN SAID SECTION, AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. City Attorney Weaver read this Ordinance by title only. -5- . . u o Mayor Severance Eead the amended section. Councilman Dietz made a motion to adopt this Ordinance, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. ORD. NO. 911 AN ORDINANCE REZONING IHE WILLIAM C. WALSH PROPERTY TO THE MH-1A ZONING CLASSIFICATION AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. City Attorney Weaver read this Ordinance by title only. Councilman Dietz made a motion to adopt this Ordinance, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. ORD. NO. 912 AN ORDINANCE AMENDING SUB PARAGRAPH (c) OF SECTION 3 OF ORDINANCE 889 BY DELETING THE WORDS CITY CLERK AND ~HIEF OF POLICE THEREFROM, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. City Attorney Weaver read this Ordinance by title only. He explained that this amendment is to the Ordinance hiring the City Manager and in this particular section he is given control of all the departments excepting the City Clerk and Cmief 6f Police. Deleting this now will cause them to come under the City Manager also. Councilman Lodico made a motion to adopt this Ordinance, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. 25 min. OLD BUSINESS Mayor Severance asked City Manager Bryant to keep looking in the Roberts Rules of Order for the procedure to follow in regard to the two previous motions on the floor during the first of the meeting. Tape 2 Side B o min. NEW BUSINESS 5 min. Councilman Dietz made a motion that Ordinance 880 be amended to show that all plans for new mobile home parks will be reviewed by the Zoning and Planning Boards to clearify set backs and lot sizes so that the County Inspector will have final site plans by the boards to make his inspection, being seconded by Council- man Lodico. Upon roll call vote said motion CARRIED. Councilman Cairnie made a motion to send copies of the Building Code Committee's Ordinances to five members of each building ~rade, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. J Councilman Dietz made a motion to charge $150.00 for sewer and $150.00 for the tap fee but waiving the connection charge, in regard to the Ke~p property at 202 Flagler Avenue. Discussion began among the Council as to whether this is fair 10 min. or not for the new owners of the property. -6- 15 min. 20 min. 30 min. Tape 3 Side A o min. '-> o Mayor Severance called for a second to Councilman'Dietz's motion. Motion DIED. Councilman Dietz stated that they should not have to pay the connection fee because the meter was there. Councilman Lodico stated that the meter was never connected to the home. Mayor Severance stated that the line runs by the property but has never been connected to or utilized by the home. Councilman Cairnie made a motion to return $250.00 to the people, Councilman Dietz questioned Councilman'Cairnie's reasoning and stated that this Qouldn't be fair to the other people. Councilman Cairnie withdrew his motion. Councilman Lodico made a motion to leave this as is, and no rebate be made, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. Councilman Cairnie and Councilman Dietz voting NO. ANNOUNCEMENTS: Board of Adjustments - Public Hearing & Regular Meeting, February 3, 1975 in Mayor's Office 1:30 P.M. Next Workshop is February 10, 1975 at 7:30 P.M. Zoning Board & Planning Board meetings 2-4-75 at 7:30 MISCELLANEOUS: City Attorney Weaver at this time read from Robert's Rules 6~ Order "While a question is on the table no motion on the same subject is in order that will in any way effect the question that is on the table" The City Clerk stated that on February 8th Dr. Malmberg will have the annual dog clinic from 2 to 4, the location is not known yet but that will be in the paper. Mr. Taylor questioned why more copies of the Charter are not put in the library. This will be taken care of. Councilman Cairnie stated that the Charter should be checked and find out what things are right and what are not. City Attorney Weaver stated that some things have remained in tact because they were not revised completely, however the amendments which were made are noted. Mayor Severance showed the audience the new City Emblem decals. Councilman Dietz questioned the City Attorney how soon he will be ready with the information to have the Special Meeting. The City Attorney answered that it will probably be a week to ten days. -7- \.J Q Councilman Cairnie asked the City Manager what ever happened to Mr. May's~water situation. The City Manager answered that he was authorized to get in touch with the engineers in regard to this, which he has done but he has not received any word from Mr. Fernandez as of yet. Councilman Dietz stated that he would ljke to get a letter from Briley Wild clarifying what was wrong at the Sewer Plant, and what they did to correct and what their recommendations are to prevent it from happening again. Councilman Cairnie made a motion to adjourn this meetigg, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell MINUTES TYPED BY: Debbie Sigler Councllman ~. 'niL- ~ ATTEST: c~~r~' -8- .. ' ('. , . (.j BILLS & ACCOUNTS JANUARY 23, 1975 GENERAL FUND Southern Bell City of Edgewater Florida Power & Light Oasis Car Wash City Auto Supply Kirby's Petty Cash New Smyrna Beach News Boswell Sigsn James N. Nichols National Chemsear~h Dwights C & C Tractor, Inc. Time Cards of Florida Hanson & Mc Callister, Inc. Taylor Brothers Tommy Duane Industrial Office Outfitters Standard Oil W. S. Darley & Compan, Share Corporation Layer Equipment & Supply Knight Paper Compapy Harrison Uniform Company Xerox Control Specialists Co. Jack Cocke & Company New Smyrna Beach-Edgewater Humane Society City of New Smyrna Beach Alexander N. Ku1sa Consolidated Diesel Electric Co. B & J Electronics, Inc. J.E. Tumblin Agency Inc. Robert H. Christy County Council, Vo1usia County Joseph E. Weaver Magnolia Motor Company Vo1usia County WATER & SEWER Sou thern Be 11 City of Edgewater City Auto Supply Florida Power & Light Florida Awning Environmental Specialties Hughes Supply, Inc. Badger Meter, Inc. Hughes Supply, Inc. REVENUE SHARING Joseph E. Weaver Max Massey V. Y. Smith u 177.31 96.25 1,872.61 14.00 27.15 10.95 16.99 19.60 64.00 96.10 430.20 51 .34 375.00 56.30 300.00 180.00 100.00 322.99 2,3fi6.76 48.25 61 .85 72.55 50.00 221 .80 97.00 640.00 93.25 150.00 132.00 51 .00 38.62 3.45 14,301.70 62.58 889.23 152.50 52.85 '.1'34..89 23,831 .43 25.20 5.50 8.60 1,615.04 1 9.08 47.10 59.89 382.44 109.76 2,272.61 125.00 15,230.00 73.25 15,428.25