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06-17-1974 - Regular ~ CJ THE CITY COUNCIL OF THE CITY OF EDGEWftTER REGULAR MEETING HELD JUNE 17,1974 The Regular Meeting of the City Council was called to order Monday, June 17, 1974 at 7:30 P.M. by Mayor David C. Severance. ROLL CALL Mayor David C. Severance Councilman Jacob Lodico Councilman Edward K. Clinton Councilman Walter B. Sikes Councilman John G. Bevel City Attorney Joseph E. Weaver City Clerk Sue Blackwell Deputy Clerk Pam Bryant Police Chief George R. Katez Present Present Absent Present Present Present Present Present Present APPROVAL OF MINUTES Councilman Bevel duly made a motion to approve the minutes of the Regular City Council Meeting held June 3, 1974, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. Councilman Lodico voted NO due to his absence. . Councilman Bevel duly made a motion to approve the minutes of the Public Hearing held June 3, 1974, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. Councilman Lodico voted NO due to his absence. BILLS & ACCOUNTS GENERAL FUND City of Edgewater Florida Power & Light Southern Bell Edgewater Motors, Inc. Oasis Car Hash News Journal New Smyrna Beach News \./ ill i a m s \4 e 1 din 9 Tirtons Southern Paint & Wallpaper Thomas A. l~ells Taylor Brothers Magnolia Motor Co. Gasoline Alley Service Center C & C Tractor, Inc. American Hardware Industrial Office Outfitters New Smyrna Plumbing Ropp.s Automotive Industrial Marine Co. 101.90 302.48 31 .60 40.82 3.50 6.65 42.00 8.25 15.00 17.44 500.00 55.50 286.31 12.00 45.31 47.19 35.91 84.78 18.50 60.50 -1 - (.) o The Pet Shop Tip Top Printinq Xerox Florida Business Machines Co. City of New Smyrna Beach New Smyrna Beach Police Department County of Volusia, Florida Florida Police Chief's Assoc. County of Volusia, Florida Joseph E. Weaver Florida Atlantic University 9.50 12.00 126.66 195.00 60.00 117.00 141.3li 200.00 89.85 305.00 150.00 3,122.01 HATER & SEHER City of Edgewater Florida Power & Light Southern Bell Edgewater Mfg. Co. Taylor Brothers Tire Co. Petty Cash American Hardware Allied Chlorine & Chemical Florida East Coast Railway Co. Ellis K. Phelps & Co. Badger Meter, Inc. Utility Supply Co. 7.50 742.59 23.10 61 .97 46.30 12.65 39.03 1,294.00 2.00 188.66 169.12 75.53 2,662.45 CONSTRUCTION ACCOUNT Mc Mahan Construction 8,896.50 FEDERAL REVENUE Joseph E. Heaver 75.00 Councilman Lodico duly made a motion to pay said bills and accounts being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. OFFICERS REPORTS Library Report Police Department Report General Fund Budget Report, May 1974 Certification of Postings COt4MUNICATIONS The City Clerk read a letter from R. W. Buck, City Manager of New Smyrna Beach regarding a Dog Warden, for Edgewater and Ne\<J Smyrna. The Council discussed this matter with Police Chief Katez as to the need for this dog warden. Mayor Severance stated that this will be on a trial basis with a contract for three months. The Mayor then suggested that this be tabled for further duscussion at the next Horkshop Meeting and invite this gentleman who is to be the warden to this meeting. -2- o o Councilman Bevel duly made a motion to table this correspon- dence until the next Workshop Meeting, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. The City Clerk read a letter from Friends of the Edgewater Library askin9 the Council for $100.00 to be used for cash awards and ribbons at their 2nd Annual Art Festival. Councilman Sikes duly made a motion to donate $100.00 to the Friends of the Edaewater Library for the Art Festival, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. Countilman Bevel questioned whether the Council was donating to too many clubs and organizations. Mayor Severance stated that we need to draw some guide lines as to where we should donate money. The City Clerk read a letter from the Zoning & Planning Board stating that Rev. Hollowell from the Indian River Baptist Church requested permission to locate a mobile home on church property to be used as a rectory until such time that a permanent home is constructed. This has been passed to you as the board feels that it had no power to take any action. Mayor Severance stated that Mr. Hollowell has already applied for a building permit for a home on India Palm Drive in Florida Shores, so we presume that he wants to discontinue this request. He~stated that he would like to suggest that the Council table this until the next reqular meetino, unless the Council wants to go ahead and take some action on it toni9ht. If he wants to nut a trailer on the pronerty to use as classrooms, he probably would have the right to do this. Mayor Severance stated that he feels that the Council should go by the ordinance. Couniclman Bevel duly made a motion to refuse this request of Rev. Hollowell's, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. The City Clerk read a letter from the Board of Governors stating that they are very satisfied with the way in which the Community Center is being cared for. They stated that they have decided that they would like for the mural on the stage of the Community Center left as it is. Mayor Severance stated that since the Board of Governors does not want this mural painted over, then the Council should leave it as it is and get some drape material or something for the grouns that don't want a backdrop such as this. Councilman Bevel duly made a motion to accept the letter and respect the wishes of the Board of Governors, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. The City Clerk read a letter from Phillip H. Bebbington stating that this letter is his resignation from the Merit Board, to be effective July 1, 1974. Councilman Lodico duly made a motion that the Council accept this letter of resignation from Phillip H. Bebbington with deep regrets, being seconded by Councilman Bevel. Upon roll -3- o o call vote said motion CARRIED. RESOLUTION RESOLUTION NO: 520 A RESOLUTION AUTHORIZING CITY ATTORNEY JOSEPH E. WEAVER, TO OFFER TWO THOUSAND FIVE HUNDRED ($2,500.00) DOLLARS PER ACRES FOR THE FOLLOWING DESCRIBED PROPERTY: That Dart of lots 25, 26, 27 and 28 Mendell Subdivision as recorded in Map Book 3, Page 73 lying Westerly of the mosquito control ditch of the Public Pecords of Volusia County, Florida, containing 10.70 acres more or less, and That part of the Ross-Newell Subdivision, Block 2, as recorded in Mar Rook 0, Page 53 of the Public Pecords of Vo1usia County, Florida, lying ~ester1y of mosquitp control ditch, and that part of Lot 29 of the Public Pecords of Vo1usia County, Florida, lying westerly of mosquito control ditch, containino 3.80 acres more or less. AND PROVIDING AN EFFECTIVE DATE THEREFORE. The above Peso1ution was read in full by City Attorney Joseph E. WEaver. Councilman Bevel duly made a motion to adopt said Resolution being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. RESOLUTION NO: 521 A RESOLUTION APPOINTING DELBERT THOMAS TO THE ~1ERIT BOARD OF THE CITY OF EDGEWATEP., FLORIDA, TO SERVE THE UNEXPIRED TERM OF .1. McCANE, AND PROVIDING AN EFFECTIVE DATE THEREFORE. The above Resolution was read in full by City Attorney Joseph E. ~/eaver. Councilman Lodico duly made a motion to adopt said Resolution being seconded by Councilman Sikes. Uponrro11 call vote said motion CARRIED. ORDINA.NCES ORDINANCE NO: 880 AN ORDINANCE ESTABLISHING COMPREHENSIVE ZONING REGULATIONS FnR THE CITY OF EDGEWATER, FLORIDA AND PROVIDING FOR THE ADMINISTRATION, ENFORCEMENT AND AMENDMENT THEREOF, IN ACCORDANCE HITH THE PROVISIONS OF CHAPTER 176, FLORIDA STATUTES, AND FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH. The above Ordinance was read by title only by City Attorney Joseph E. Weaver. Councilman Lodico duly made a motion to adopt the first reading of said Ordinance, being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. ORDINANCE NO: 881 AN ORDINANCE AMENDING ORDINANCE NO: 846 AN RESOLUTION NOS: 460 AND 470 RESPECTIVELY TO REAPPROPRIATE ALL UNEXPENDED FEDERAL REVENUE SHARING FUNDS PREVIOUSLY RECEIVED, EXCEPT THAT AMOUNT APPROPRIATED FOR RECREATION, INTO THE CATEGORY OF WATER AND SEWER SYSTEM IMPROVEMENTS, CAPITAL EXPENDITURES, SAID AMOUNT BEING $41,967.04 AND FURTHER BUD GET TIN G THE ~1 0 N I EST 0 B ERE C E I V E DUN 0 E R THE F 1FT H ENTITLEMENT PERIOD FROM FEDERAL REVENUE SHARING, INTO WATER AND SEWER SYSTEM IMPROVEMENTS, CAPITAL EXPENDITURES, SAID -4- Q o AMOUNT BEING $49,041.00 AND FURTHER PROVIDING FOR THE REPEAL OF ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND FURTHER PROVIDING AN EFFECTIVE DATE THEREFORE. The above Ordinance was read by title only by City Attorney Joseph E. Weaver. Councilman Bevel duly made a motion to adopt the first reading of said Ordinance, being seconded by Councilman Sikes. Uoon roll call vote said motion CARRIED. ORDINANCE NO: 882 AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA DECLARING IT TO BE UNLAWFULL FOR ANY PERSON, FIRM OR CORPORPTION TO MANOFACTURE, DISTPI8UTE SELL OR OFFEP FOR SALE WITHIN THE CITY OF EDGEWATER, ANY CHEWI~G GUM OR CANDY THAT IS OF A COLOR, SHAPE AND SIZE THAT RESEMBLES OR. IS P FICSIMILE OF, AND DRUG OR MEDICINE WHICH IS ILLEGAL TO POSSESS OR FOR WHICH PRESCIPTIONS ARE REQUIRED BY EITHER FEDERAL OR STATE LAW: PROVIDING PENALTIES PROVIDING EXCEPTIONS THERETO: PROVIDING AN EFFECTIVE DATE THEREFORE. The above Ordinance was read by title only be City Attorney Joserh E. Weaver. Councilman Lodico duly made a motion to adopt the first readino of said Ordinance, beino seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. Mayor Severance stated that Ordinance No: 883 will hold off until the next reqular Council Meeting. Mr. Clinton is the sponcer. of this and he is not here tonight and has requested that we wait on this swimming rool Ordinance until he has a chance to read it. ~ Mayor Severance then turned the floor over to. City Attorney Joseph E. Weaver. Mr. Weaver introduced Mr. Hap Cameron from Pennsylvania who is getting started in building a new trailer court in Edgewater. Mr. Cameron explained to the Mayor and the Council just what he has in mind for this trailer court. He reauested that they be aware of the fact that the sewer is available when and the water will be available when, and also have the understandino that it is their full intentions to proceed ahead with this project as quickly as possible. Mayor Severance stated that what we will need is a letter from Mr. Cameron pertaining to our discussion tonight, and your intent with the figures based on the number of acreage and number of units and so forth, then we will get with our engineer and find out whether or not we have the capability or not. OLD BUSINESS Councilman Bevel suggested that the City enter into a contract with Mr. John Yelvington pertaining to water and sewer connections. Mayor Severance stated that Mr. Yelvington has Dut up a deposit of $800.00 and some dollars. He stated that it would be wise at this time to have Mr. Weaver draw up a contract in the same -5- o u line as that of Mr. Sauers. Mayor Severance stated that when he discusses this contract with Mr. Yelvington, he will tell him that Mr. Alexander has to be there with him to sign the contract, due to the fact that Mr. Yelvinoton is workino off of Mr. Alexanders license. Otherwise it would be void. v NEH BUSINESS Mayor Severance stated that the City Clerk and the City Attorney are going to a seminar involving Public Employee Relations. It is $75.00 each to gend the City Clerk and Jlttorney. Councilman Lodico duly made a motion to expend $150.00 for the City Clerk and the City Attorney to attend this seminar and to report. back to the Council their findings, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. Councilman Bevel stated that Mr. Sindler would like to qive us the right of way if we will run waterlines down this' right of way then he will try to tap on. Mayor Severance stated that he will have to give us a complete write up on exactly what he wants and present it to the Council, we will discuss it. He stated that the City is not open to any bargining of any sort. The Council discussed this plan of Mr. Sindlers, Mayor Severance instructed the City Attorney to check the plat and also check Ordinance 219. Councilman Bevel duly made a motion to advertise for a Class "(I' operator for the Water Department, salary negotiable, and living in the South East Volusia County Prea, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. ~lISCELLANEOUS Mr. Chftsty stated that he understands that the Police Department and the Sewer Department need generators. Mayor Severance stated that for this Civil Defense equipment if it ooes over $500.00 he will have to come back and we will hav~ to draw up specifications and go out for open bid. We will bill the department for which the equipment is going to. ANN 0 U N C E t., E NT S Mayor Severance announced that the Zoning & Planning Board will hold a Special Meeting Tuesday, June 18, 1974 at 7:30 P.M. Mayor Severance announced that the Merit Board will hold a meeting Wednesday, June 19, 1974 at 7:30 P.M. Mayor Severance announced that the Dog Warden will be used starting July 1, 1974, and we h~ve more discussion to be held on that. ADJOURNMENT OR RECESS Councilman Lodico duly made a motion to adjourn this meeting -6- , o o being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. TIME OF ADJOURNMENT 9:45 p.r.1, MINUTES TAKEN BY: Sue Blackwell Pam Bryant . .. d 'd _<-tWo ,.1ayor ,- ~'fr~~-'" - ~ .. / unci lman . v--- /--- -- / ?~ . ~CL_ ATTEST: ;l1A-0 .~vd! / -7-