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11-18-1974 - Regular (.) ~ THE CITY COUNCIL MEETING OF THE CITY OF EDGEWATER REGULAR MEETING HELD NOVEMBER 18,1974 Tape I Side A o min. The Regular Meeting of the City Council was called tor order Morlday, November 18, 1974, at 7:30 P.M., innthe Community Center, by Mayor David C. Severance. ROLL CALL Mayor Severance Councilman Lodico Councilman Ciirnie Councilman Sikes Councilman Dietz City Manager Bryant City Attorney Weaver City Clerk Sue BlAckwell Chief of Police Katez INVOCATION Rev. Harden SALUTE TO FLAG Lead by Mr. Bryant BILLS & ACCOUNTS Southern Bell City of Edgewater Edgewater Red & White Edgewater Motors, Inc. Florida Power & Light Burns Janitor Service R. L. Polk & Company Pantry Pride Xerox Beacon Medical Sales Owens Terrazzo Hanson & McCallister American Hardware Southern Paint Williams Welding Standard Oil Co. Smyrna Auto Parts Coronado Concrete Magnolia Motor Co. Rotundo Maintenance Maule Industries Hall Machine Works Commercial Printing Taylor Brothers Tire Edgewater Electric Present Present Present Present Present Present Present Present Present GENERAL FUND 218.61 99.55 8.52 287.69 1,917.58 28.80 36.00 11.73 134.38 183.19 7.50 640.00 122.27 108.89 22.25 910.67 7.30 70.00 645.09 250.20 37.87 3.04 29.00 200.50 66.00 Q GENERAL FUND cont. Daniel W. Cory Kirkland Sod Co. Gasoline Alley N.S. Builders Supply Smyrna Auto A-I Rent All G.Frederick Smith Chern. New Smyrna Beach News City Auto Industrial Outfitters Southern Building Code Goodyear Div. of Fed. Surplus Miller's Wrecker Hughes County of Volusia New Smyrna Plumbing Int. Inst. of Municipal Clks. Scottys Remington Int. Asso. of Chiefs of Police New Smyrna Beach P.D. News Journal Corp. Holiday Recreation Petty Cash Fla. State Firemen's Asso. (,J 175.00 9.00 16.92 21.14 14.10 22.00 30.53 13.30 57.10 113.94 40.00 21.12 16.90 85.00 20.79 1,240.87 23.09 8.75 22.49 249.00 35.00 74.00 42.60 8,302.43 11. 83 210.00 16,893.53 WATER AND SEWER Edgewater Manufacturer City of Edgewater Southern Bell Florida Power & Light Dobbs Electric Southern Paint American Hardware Curtin Matheson Magnolia Motor Hall Machine Hughes New Smyrna Plumbing Sieg & Ambachtsheer Utility Supply All State Pipe Neptune Davis Meter SaY-On Utility Allied Cholorine 21.70 5.50 54.44 837.71 165.00 145.04 26.83 17.63 20.00 186.50 105.72 6.34 4,550.00 267.94 7.'14118 374.40 927.72 102.30 1,049.00 8,937.95 Councilman Lodico made a motion to pay the bills as read, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. -2- Q o OFFICERS REPORTS Certification of Posting Library Report Police Department Report 5 min. COMMUNICATIONS 10 min. Mayor Severance read a letter from David Kantor, Director, Volusia County Public Libraries, commending the operation of the Edgewater library services. Mayor Severance read a letter from the Director of County Public Works, approving the supply of 25 to 30 loads of shell for use on Turgot Road. This letter was turned over to City ManBger Bryant to carry out the details. Mayor Severance read a letter from the Zoning and Planning Board in regard to the Public Hearing which was held on November 13th, the purpose of which was to consider an ap- plication to rezone Blocks 7 & 8, Totem Park from R-2 to a commercial zone B-3 for the construction of a bank. The letter is a recommendation to the council that they rezone Lots 11 through 20 from R-2 to B-3, and that the unopened portion of Fourth Street north of Thomas Street be vacated. Councilman Cairnie made a motion to accept the recommendation from the Zoning and Planning Board, being seconded by Council- man Lodico. Upon roll call vote said motion CARRIED. It was explained by Mayor Severance that the Council at this time is just acknowledging the recommendation by the Zoning and Planning Board, and that two more Public Hearings will be necessary before bhe rezoning can take place. Councilman Lodico asked a question in regard to the street which is requested bo be vacated. Is the City going to just give this street away? City Attorney Weaver stated that something can be worked out about this problem. Councilman Cairnie made a motion that the Public Hearing on the proposed items be held December 16, 1974 at 7:00 P.M., being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Mayor Severance read a letter from the Edgewater Library Board requesting the City to donate $50.00 to the Children's Christmas Party on December 17th. Councilman Sikes made a motion that the City donate the $50.00 being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. RESOLUTIONS 15 min. RES. NO. 544 A RESOLUTION APPROVING THE APPOINT~mNTS OF THE EDGEWATER VOLUNTEER FIRE DEPARTMENT, INC. AND NAMING AND DESIGNATING OFFICERS OF SAID EDGEWATER VOLUNTEER FIRE DEPARTMENT, INC. PROVIDING THEY SHALL RECEIVE NO SALARY, PROVIDING THEY SHALL EACH SERVE FOR ONE YEAR, AND PROVIDING AN EFFECTIVE DATE THEREFOR. City Attorney Joseph E. Weaver read this Resolution in full, appointing James Blackwell, Chief, Thomas Duane, Assistant Chief, Gregory Dietz, Captain, Robert Wolfe, First Lieutenant, and Kenneth Robinson, Second- Lieutenant. Councilman Lodico made ~ motio~ to adopt this Resolution, being seconded by CouncIlman DIetz. Upon roll call vote said motion CARRIED. -3- 20 min. 25 min. 30 min. Tape I Side B o min. ~ u RES.NO. 545 A RESOLUTION TO ACQUIRE THE REAL PROPERTY REFERRED TO AS THE J. MAX MASSEY PROPERTY, FURTHER DESCRIBED HEREIN FOR PUBLIC PURPOSES FOR THE CITY OF EDGEWATER, FLORIDA, BY THE EXERCISE OF THE POWER OF EMINENT DOMAIN, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. City Attorney Joseph E. Weaver read this resolution in full. Councilman Lodico made a motion to adopt said Resolution, being seconded by Councilman Sikes Councilman Cairnie asked if this property has beenaappraised, and if an offer has been made to Mr. Massey. The City Attor- ney answered that it was appraised and several offers were made to Mr. Massey, because of the price conflict. Upon roll call vote said motion CARRIED. At this time Mayor Severance read the announcements to the audience. ANNOUNCEMENTS: City Hall will be closed Thursday and Friday for Thanksgiving. Thursday garbage pickup will be on Wednesday, and no change in the Friday pickup. Workshop has been moved to Tuesday Nov. 26, because of Thanks- giving in the Mayors office. Merit Board. meeting will be Nov. 20, Mayors office. Zoning and Planning Board special meeting on Sign Ordinance will be Nov. 26. ORDINANCES ORD. #894 AN ORDINANCE AMENDING SUB-SECTION 3(c) OF SECTION 15-6 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. City Attorney Joseph E. Weaver read this Ordinance by title only. Mayor Severance stated that for the benefit qf.the two new Councilmen he would read the Ordinance. This Ordinance is referring to employees advancing to the third step of the range upon the first anniversary of their hiring date. Councilman Lodico made a motion to accept the second reading of this Ordinance. Upon roll call vote said motion CARRIED. ORD. '898 AN ORDINANCE AMENDING SECTION 121 OF THE CITY CHARTER OF THE CITY OF EDGEWATER, FLORIDA, PROVIDING FOR EXPBNDITURES OF MONEY IN EXCESS OF $2,000.00, REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE THEREFOR. ~ -4- ~ o o City Attorney Joseph E. Weaver read this Ordinance in full, setting out that any expenditure exceeding $2,000.00 shall be first authorized and directed by Ordinance of the City Council, and that no such sum shall be made or awarded ex- cept upon competitive bids. No expenditures in excess of $1,000.00 shall be made without prior approval of the City Council. Councilman Lodico made a motion to accept this Ordinance, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Councilman Cairnie voted NO on this motion stating that his reason being that he feels that the City Charter has precedence over any other thing and thatthe hasn't had the opportunity to study the Home Rule Law, and until he knows more about it he will not vote in favor of anything changing the Charter. ORD. #899 AN ORDINANCE AMENDING SECTION 2-35, SUB-SECTION A-I AND B-1 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, ESTABLISHING MEETING TIMES FOR THE REGULAR COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. 5 min. City Attorney Joseph E. Weaver explained that this Ordinance sets out that the regular meetings will be held on the second and fourth Thursdays of each month. The workshop meetings will be held on the Monday evenings preceeding the second and fourth Thursdays of each month. Both workshop and regular meetings will be held at 7:30 P.M. in the Community Center of Edgewater, Florida, and will become effective on December 30, 1974. Mayor Severance stated that the main reason for changing these meetings around is so that the City Clerk and the City Attorney will have a few more days to get the necessary papers prepared for the Council Meetings. Councilman Lodico stated that with the meetings scheduled this way the newspapers can also get the agenda for the Council meetings in the paper for the public to read ahead of time. Councilman Lodico made a motion to accept this Ordinance, being seconded by Councilman Cairnie. Upon roll call said motion CARRIED. ORD. #900 AN ORDINANCE AMENDING SCHEDULE I AND SCHEDULE II OF SECTION 2, OF ORDINANCE NO 878, OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL ORDINANCE~ IN CONFLICT HERE- WITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. City Attorney Joseph E. Weaver read this Ordinance by title only. Councilman Dietz stated that this requires some clarification. Councilman Dietz stated that he would like to go on record that he believes that the way the Ordinancesis written up that the collections should be made in a trailer park as written, and he believes in the Ordinance but he does not believe that a man should be penalized if he has been promised something. He wants to know what the promises were before he gets into this. -5- o o Councilman Sikes stated that he believes that at one time the Council granted permission for a certain type of line to be put mn since Mr. Cameron had agreed to paying for singly family per unit for the Water & Sewer that the Council would be agreeable to let him use one hookup inasmuch as he was bearing the expenses in the meters and the line, but he also believes that it was understood at that time that this was an exception be- cause of the intent to get in such an Ordinance as this. Councilman Sikes asked if there could be an effective date put on this Ordinance, and from that time on this Ordinance is in effect? 10 min. Mr. Weaver stated that the effective date is upon passing of the Ordinance on second reading. There was quite a bit of discussion among the Council about this. 15 min. Mayor Severance stated that in one of the discussions that the Council had with Mr. Cameron when he came in requesting that he tap on to the 6" line that runs down Eaton Road right now, was that he would be charged in accordance to the existing Ordinance at the time of his request. Councilman Dietz stated that he listened to the tapes and that the motion was made that he be granted water and sewer as per the Ordinance that was written at the time, effective July 1st, 1974. Councilman Dietz questioned why nothing was in writing on this at all? The City Clerk stated that Mr. Cameron's first request was a verbal request on June 17, on July 2nd at the Council's request he put in a written request, and the Council did not act on his request. It was given to the engineer, and he got back to the Council on July 22. He did say that there was room for Mr. Cameron then, but the Council misunderstood the letter, and withheld his allocation for water and sewer. Then Mr. Cameron cam back again, and then they acted on the letter. Mr. Cameron's initial request was in before July 1st. Councilman Dietz stated that he didn't think it was fair to let Mr. Cameron hook up like this. At this time the floor was given to Mr. Cameron and he read a letter from Mr. Charles A. Hall, his attorney setting out Mr. Cameron's position on this matter. 20 min. Councilman Dietz suggested that this be tabled, and that Mr. Fernandez, the auditors, Mr. Cunningham, the attorneys, all be contacted and get the facts clarified. Councilman Cairnie made a motion to table this Ordinance for discussion at the next workshop meeting, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Mr. Hamel was given the floor. He stated that he believes that the proposed Ordinance is contrary to any economic principles that we have in the Country for quite some time. He stated that one hookup would be less expensive for the City in the long run opposed to the one hurldred seperate hookups. 30 min. -6- Tape II Side A o min. 5 min. 10 min. 15 min. 20 min. 25 min. ~ o Councilman Dietz explained to Mr. Hamel that there are three sets of fees involved with this. One is a connection fee, this is to offset the water plant for purification or whatever it takes to make acceptable the additional use of the water, then there is a tap fee, which is not charged per unit, there is just one tap fee. This is to offset the expense of handling the additional load. Mr. Hamel stated that he felt that the mobile park owner and the apartment owners should receive the benefit of this, Mr. Dietz stated that this is done, because the trailer park owners are only charged $2.00 for 1,000 gallons of water, where a home owner pays $2.75. Councilman Lodico stated that if a trailer park has 100 trailers and 3 or 4 are gone there is 2,000 gallons being registered, which the other people can take advantage of. At this time Mr. Cameron was given the floor at which time he read a statement from the water supply section of the Divi- sion of Health. OLD BUSINESS The City Clerk stated that she has received the follOWing bids in regard to printing the Charter: One from Dwights, one from Kwikie Duplicator Centers, and two from Baron Printer. The bids were opened: Kwikie Duplicating Centers - 30 books, $1,579.50 Dwights - 30 books $697.65 50 books $1,030.35 Baron Printer - 30 books (20 lb.bond) $927.00 SO books (20 lb.bond) $1,022.00 Baron Prin~er - 30 books (60 lb.bond) $944.25 50 books (60 lb.bond) $1,049.20 Mayor Severance explained the difference in the 20 lb. and 60 lb. bond. Councilman Dietz made a motion to accept Baron Printer's bid for 50 books (60 lb. bond) at $1,049.20, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. City Clerk stated that there were two bids submitted fortthe radar gun. Tim Jezek, Kustom Signals, Inc. - $1,095.00 Layer Equipment and Supply Co. - $ 995.00 Chief Kate% explained that the Layer Equipment and Supply Co. have a good service program. Councilman Sikes made a motion to accept the bid from fiayer equipment on the ray gun in the amount of $995.00, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. -7- 30 min. Tape II Side B o min. 5 min. 10 min. 15 min. <) o City Clerk stated that there was one bid received for the police car. These were mailed out to fourteen different dealerships in the area. Freeway Motors, Inc. replied that they were not interested in bidding. New Smyrna Chyrsler Plymouth was the only bid received. Mayor Severance stated that he hated to open just one bid, but they were mailed out to the other dealers. Councilman Sikes stated that if we will be submitting again a bid on the same type of police car he will have to make a motion that the bid not be opened. City Attorney Weaver stated that since there is a response, it could be opened and a decision made on it. Mayor Severance stated that he understood ~hat Mr. Sikes meant, and he thinks that if another bid was submitted for another car, the specifications will have to be altered. There was much discussion about this. Mayor Severance stated that according to the Attorney, the bid could be rejected without even opening it, and readvertise without changing any specifications, however this is already the second ttme we have gone out for bids. Councilman Dietz asked if the City Manager could be authorized to go out and find a car and the Council purchase it. Mayor Severance asked Chief Katez if the County has gone out with all their bids? Chief Katez stated that they were all in by the end of October. City Manager Bryant stated that he was there when these bids were opened and the cars were selling at $4,600.00. City Clerk was instructed to ppen the big. The bid from New Smyrna Chyrsler Plymouth was in the amount of $4,200.00. City Manager Bryant read the specifications for this car. Councilman Cairnie made a motion to accept the bid providing that the specifications are checked and that the bid does meet our' specifications,being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. NEW BUSINESS Councilman Dietz made a motion authorizing the architect, Mr. Howard to get the information which was discussed in regard to estimates to alterations to the existing plans for the new city garage. There was some discussion as to whether this work is to be done on an hourly basis or in conjunction with the project as stated before. Councilman Dietz withdrew his motion. Councilman Dietz asked the City Manager if it requires an architect to design a building of this type. City Manager Bryant stated that it depends on how detailed the building is. -8- 20 min. 25 min. 30 min. Tape III Side A o min. 5 min. 10 min. o o Mayor Severance stated that there is a state law that states that any structure over the value of the cost of $10,000.00 to construct, you must have architect's plans and stamp. Mayor Severance suggested that the City Manager be in- structed to get in touch with Mr. Howard tomorrow and notify him that there has not been an agreement to ob- tain these estimates because we don't fully understand what his fee is going to be to do so. And until we understand what his fee is going to be there will be no action. Mayor Severance explained that the changes that have been discussed by the Council involves splittingtthe building up and going to a 7S x 60 foot building with 3 sides verses the same size with only the end with a comp&ete drive through like a carport, then a building of 7S feet long and 38 feet wide. There was more discussion as to how Mr. Howard is going to be paid for these changes. Councilman Dietz suggested that Councilman Lodico and the City Manager get together and draw up a set of specifica- tions and present this for bids and see what we come up with. Councilman Cairnie made a motion thattthe City Manager and Councilman Lodico investigate the prices and the availability of a steel building to be erected on our own property with a concrete floor, being seconded by Councilman Dietz. Councilman Sikes asked if the attorney will outline our legal rights in doing this (contracting ourselves so that it will not have to be put out on bids.) City Attorney Joseph E. Weaver suggested to b~eak up the project, and as long as the purchase was not in excess of $2,000.00 it would not have to be put out on bids. Upon roll call vote the above motion CARRIED. Councilman Sikes made a motion to instruct our insurance agent of record to prepare City insurance for bids, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. City Attorney Joseph E. Weaver spoke on the containerized Garbage Franchise stating that the agreement has not been drawn up. He would like to have the opportunity of drawing up this franchise agreement and getting Mr. Osborne to sign it, and then get it back to the Council mor acceptance. City Manager Bryant briefly stated that the plan is to ulti- mately bring the garbage crew and one piece of equipment to collect all the garbage in the City, which will be a savings by reducing one piece of equipment and three men. This matter was ta6~ed until Mr. Weaver gets all the informa- tion which is needed by the Council. City Manager Bryant spoke about the type of garbage truck that is being suggested. A walk-through truck, so that the men can ride on the inside instead of hanging onto the outside. There was quite a bit of discussion in regard to this. -9- 15 min. 20 min. 2S min. Tape III Side B o min. o (,) Councilman Lodico made a motion that we go out for bids on the garbage truck as specified, being seconded by Councilman Sikes. There were several questions as to whether these specifi- cations are limiting to certain companies and does it have to be a walk-through cab. Mayor Severance suggested that the specifications be changed to read "one latest model complete wAlk-through or standard cab refuge collection vehicle" Councilman Sikes withdrew his second to the previous motion Councilman Lodico withdrew his motion. Councilman Lodico made a motion that we go out for the bids wording the specification "pne latest model complete walk- through or standard cab refuge collection vehicle", being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. The floor was given to CityrManager Bryant to talk on trading the old fire station car for two scooters. He stated that the deal didn't go through, and he is in- ves~igating into other ideas and will report to the Council later on. Councilman Cairnie made a motion to authorize the City Mana- ger to investigate trading the roller for a bulldozer, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Mr. 6arthwate at this time questioned the buriing on the Hamel property, which is near his property. City Manager Bryant stated that he turned this problem over to the Chief of Police and he asked the people to stop the burning. They have a County permit, which ran out Wednesday or Thursday and they were still burning on Friday. The Chief told the people to stop the burning. Mr. 6arthwate asked if the rumor was true that the Council is going to have morning meetings. Councilman Cairnie explained that there had been a few morning meetings simply to bring the new Councilmen up to date on City business. Mayor Severance stated that all Counci 1 ';meetings wi 11 be in the evening hours, unless it is an emergency which calls for a special meeting right away during the day. The floor was given to the Civil Defense Coordinator, Mr. Christy. He said that he had copies of a new law which he would like to give to the Council. He also said that possibly within ten years there will be no more ambulance service, so each City should get started on their own Emergency Medical Service. The County Director of Civil defense said there is a good chance of getting a rescue rig free of charge. If this can not be done there will be several money making projects to raise the money. -10- . 5 min. 10 min. 15 min. . ~ , (.) Q There was some discussion on how expensive this would be to equip and that it should be looked into further. Mr. Christy asked about the Civil Defense radio. Mayor Seve~ance stated that the two new Councilmen had to be brought up to date about this, but it will probably not be purchased until after the new police car anyway. Mayor Severance read a letter from Chief of Police in regards to the propane gas trucks being parked on residen- tial property. This is to be discussed at the next work- shop Councilman Dietz asked about the shredder being used by New Smyrna Beach now. He suggested that since Mr. Buck offered, we should try it out and see if we like it. Councilman Lodico made a motion to instruct the City Manager to contact Mr. Buck in New Smyrna to see if we may borrow the shredder and see if we would like to purchase one, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Councilman Cairnie stated that he would like this directed to the Chief. The other day when the little league was having a collecting of money for their fooCball game, or whatever, they were at the traffic light, and they were running across the street and he was ooncerned about that. City Manager Bryant stated that a three ton limit will be placed on Pine Bluff, Palmway, Otter and Snyder Streets if there are no objections from the Council. City Manager Bryant stated that he was informed today about a new HUD program which is available for municipal- ities, which could receive a grant under certain conditions. He plans to look into this program. There will be a meeting at Briley Wild's office next week to discuss this grant pro- gram. The City Clerk was instructed to notify the papers and inform them of this meeting. Councilman; Gairnie made a motion to adjourn this me&ting, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. ADJOURNMENT This meeting adjourned at 10:30 P.M. MINUTES TAKEN BY: Sue Blackwell ATTEST: i~c~ Approved this -11-