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03-04-1974 - Regular 10 o THE CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD MARCH 4, 1974 The Regular Meeting of the City Council of the City of Edgewater, Florida was called to order by Mayor David C. Severance on Monday March 4, 1974 at 7:30 P.M. ROLL CALL Mayor David C. Severance Councilman Jacob Lodico Councilman Edward K. Clinton Councilman Zone III Councilman John G. Bevel City Attorney Joseph E. Weaver City Clerk Sue Blackwell Deputy Clerk Pam Bryant Police Chief George R. Katez Present Present Present Vacant Present Present Present Present Present Mayor Severance stated that before we start this meeting he would like to say that if during the course of the meeting there is anyone in the audience that requests to speak, there will be a time alloted after the second of each motion. He requested that when called on that they give their name and address prior to asking the question or making a statement. He said that he would like to keep these meeting controlled and handled in a professional type manner. APPROVAL OF MINUTES .. Councilman Bevel duly made a motion to approve the minutes of the Regular Meeting held February 18, 1974, motion being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. Councilman Lodico asked if the mistake in the minutes had been corrected. Mayor Severance stated that they had been corrected. BILLS & ACCOUNTS GENERAL GOVERNMENT Sue Blackwell Councilman Lodico,Bevel,Chief Katez,Mayor Severance EdgevTa t er Motor s Southern Bell City Auto John J. Ziers New Smyrna Beach News Gasoline Alley C & C Tractor Biscayne Fire Equipment Industrial Office Outfitters County of Volusia Edgewater Garage McCory-McLellan-Green Burns Janitor Service Pitney Bowes Robert H. Cristy Xerox -1- 8.00 28.00 32.95 226.71 47.72 80.76 , 7.70 176.32 8,600.00 64.50 4.96 530.25 25.00 4.74 11. 88 27.00 49.30 32.00 o u Smokey's Automotive Joseph E. Weaver John Bevel 1,475.16 475.00 10.30 11,918.25 WATER & SEWER Southern Bell City Auto Edgewater Electric Public Gas Nolco Chem. Sigurd Ohrwall Sav-on Utility Supply All State Pipe Bank of New Smyrna 29.59 20.88 15.00 23.93 156.75 34.87 15.15 2,069.36 3.70 2,369.23 OFFICERS REPORTS Certification of Posting COMMUNICATIONS The City Clerk read a complaint form from B.E. NessIe stating that he was given permission about four years ago to haul his trash from his business to the dump and why has he been stopped. Mayor Severance explained to Mr. NessIe that the dump has been closed down by the pollution control except for City use. He stated that we have an ordinance that was passed some time ago closing the City Dump to everyone except City employees, the reason for this is because of the fires. Until we come up with a solution we have to keep the dump closed. The City Clerk read a petition from residents or contractors working in Edgewater. They request that the Council reconsider their decision in terminating the contract of Mr. LaBonde the Building Official. After a period of silence Mayor Severance stated that due to no motion or second there would be no action on the petition. The City Clerk read a letter from the Friends of the Library requesting the approval of the Council to hold a second Folk Art Festival at the Community Center, Saturday, November 16, 1974. Councilman Bevel duly made a motion to allow the Friends of the Library to hold this Folk Art Festival being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. The City Clerk read two letters from Mr. LaForce of Faith Brothers Construction Co. stating the corrections and answers to questions regarding various building sites. Councilman Lodico duly made a motion to accept the letter as the necessary paperwork stating the changes that were made to the three homes that were in violation with the code, with the under- standing that our Building Inspectors will be going back to re- inspect to varify this. Motion being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. Councilman Clinton no. Councilman Bevel asked are we going to completely ignore the motion we made where we required a certificate from registered architect or an engineer. -2- o o Mayor Severance stated that what we want to do is to accept this particular letter that we asked Mr. LaForce to send, stating the corrections that he had already made on these three homes, prior to the reestablishing of the moritorium. This is the list of the corrections made, we are going to varify this with our County Inspectors, if the corrections were made, and if so, are they still within the code. If they are right and with the code then the moritorium would be lifted because they have corrected the violations. City Attorney Weaver said that Mr. LaForce stated that he had made the corrections, without any certification. Then we requested that he write a letter to the Council stating what corrections were done. That is what this motion is pertaining to. If all the items that were listed originally were satisified, he said that we have no other alternative but to lift the moritorium. The Building Inspectors may require a certification. We will have to go by the Building Inspectors. He stated that no certification corning before the Council from Faith Brothers' Engineer indicates something to him. Councilman Clinton explained why he voted no t9 said motion, he said that the Council went out with these County Inspectors to inspect, they inspected 7 houses instead of 3. All we have talked about were these 3 houses. He said that he knows, the County Inspectors knows the Council knows and Mr. LaBonde knew that these other houses that Faith Brothers built are still in violation. The City Clerk read a letter from Police Chief George Katez requesting to accept his withdrawal of his resignation. Mayor Severance stated that the Police Chief turned in his letter of resignation last week, and he has reconsidered and is asking the Council to allow him to stay on the job as Chief of Police. Councilman Clinton duly made a motion to accept his withdrawal of resignation being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. Councilman Lodico voted NO. Councilman Lodico stated that he would like to make a statement. He stated that he does not wish for the publicity that he has had in the past week to continue. The Chief of Police was wrong in the way in which he turned in his resignation, with the accusations that were made about myself (Mr. Lodico) as to different people on the Council and the citizens. He said that we can all think of things that we have said and deeply regret, and would give much to take back. He stated that he would like to go on record now to inform the Council that he does plan to continue in the future as he has in the past; to work with and for the Council and the citizens sf Edgewater. Since most of the Council members are not able to be at City Hall during the day, I felt that it was my responsibility to watch after your interests as well as mine (Mr. Lodico). We the Council are elected members of this business and it is our duty to rpovide this management. Police Chief Katez stated that he would like to say a few words to the Public. It carne to my attention today that there was a statement, after I decided to stay in my position, that a bargin made with the City Council to make me stay. He stated that he will assure everyone that there was no bargin on either part. The City Council has not promised me a thing. As I stated in the letter I Feel that my self and all of the City Councilmen can work in close harmony. He then thanked the people for bearing with him. Councilman Lodico stated that he is not against the Chief of Police and He is not going to defend himself. Councilman Clinton stated that he would like to say something as the coordinator of the Police Department. Mr. Lodico has said that he was going to, in our best interests, while we are not in -3- \ o o City Hall he was going to more or less take over because we can't be there and Mr. Lodico can be there all the time. Councilman Clinton said that that was a nice letter that Mr. Lodico read, but he stated that he wants Mr. Lodico to stay out of the Police Department. Mayor Severance stated that this matter was between Mr. Clinton and Mr. Lodico and they are to come up with a solution to this problem. RESOLUTIONS NONE ORDINANCES City Attorney Weaver explained why the Ordinances would be read by title only. ORDINANCE NO: 869 AN ORDINANCE TERMINATING PAUL REAM AS SUPERINTENDENT OF WATER WORKS DEPARTMENT AND PROVIDING AN EFFECTIVE DATE THEREFORE. The above Ordinance was read by title by City Attorney Joseph E. Weaver. Councilman Bevel duly made a motion to adopt this Ordinance on second reading being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. ORDINANCE NO: 870 AN ORDINANCE DESIGNATING AND APPOINTING ALAN THOMAS AS SUPERINTENDENT OF WATER WORKS DEPARTMENT ~OR THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA SETTING FORTH HIS COMPENSATION FOR SUCH OFFICE, AND PROVIDING AN EFFECTIVE DATE THEREFORE. The above Ordiance was read by title by City Attorney Joseph E. Weaver. Councilman Bevel duly made a motion to adopt this Ordinance on second reading being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. ORDINANCE NO: 875 AN ORDINANCE RELATING TO NOISE;'MAKINQ LEGISLATIVE FINDINGS THAT THE PUBLIC INTEREST AND WELFARE REQUIRE REGULATION OF NOISE: PROVIDING FOR DEFINITIONS AND MEASUREMENTS OF NOISES; FIXING MAXIMUM NOISE LEVELS; REGULATING NOISE FROM MOTOR VEHICLES AND AIRCRAFT; PROVIDING EXEMTIONS; PROVIDING FOR SPECIAL PERMITS; PROVIDING PENALTIES; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR MANNER OF CONSTRUCTION; AND PROVIDING AN EFFECTIVE DATE. The above Ordinance was read by title by City Attorney Joseph E. Weaver. Councilman Bevel duly made a motion to adopt said Ordinance being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. Councilman Lodico duly made a motion to handle the following Ordinance on an emergency basis, being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. ORDINANCE NO 876 AN ORDINANCE ESTABLISHING THE BUILDING INSPECTION DEPARTMENT OF VOLUSIA COUNTY, FLORIDA AS THE OFFICIAL INSPECTION AGENCY FOR THE CITY OF EDGEWATER, FLORIDA, AND -4- o ~ FURTHER ENUMERATING THE POWERS, DUTIES AND RESPONSIBILITIES OF THE BUILDING INSPECTION DEPARTMENT OF VOLUSIA COUNTY, FLORIDA AS APPLIED TO THE CITY OF EDGEWATER, FLORIDA, AND FURTHER ESTABLISHING FEES FOR THE ISSUANCE OF BUILDING PERMITS, PLUMBING PERMITS, ELECTRICAL PERMITS AND MECHANICAL PERMITS IN THE CITY OF EDGEWATER, FLORIDA, AND FURTHER REPEALING ALL ORDINANCES RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING EFFECTIVE DATES FOR THE SECTIONS HEREUNDER. The above Ordinance was read in full by City Attorney Joseph E. Weaver. Councilman Lodico duly made a motion to adopt said Ordinance being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. Mr. LaForce requested that the Council allow him to go with the County Inspectors to check on these three Faith Brothers houses. Mayor Severance stated that he had no objections to this. Mayor Severance stated that we have a contract with the County Inspectors, hiring them as our inspectors. City Attorney Weaver stated that the contract was read at the last Workshop Meeting and it was brought to our attention then that we need to make some provisions in there for notice of termination of this contract. This notice has been put into the contract. OLD BUSINESS Councilman Bevel recommended that we install 35 Street Lights this year and 35 Street Lights next year. He thinks that we should make our request to Florida Power & Light at this time for a total of 70 Street Lights. It takes approzimately 4 to 5 months with no problems to get these lights in. The reason that we have lowered this from 50 Street Lights, is because of Florida Power & Light. Councilman Bevel duly made a motion that we enter into an agreement with Florida Power & Light to install 70 Street Lights in the City, being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. Councilman Bevel announced that the County has awarded a contract to L & M Paving to pave 1600 feet on Riverside Drive. This is from the North City limits to Ocean Avenue. In this area there are some 22 manhole covers for the Sewer Department. They have to be raised. This will cost about $125.00 per unit to raise these covers. If the Council decides to go with this we are to send a letter to L & M authorizing them a separate contract of $125.00 per manhole to be raised. The second letter would be a letter to Mr. Harry Lanty, Director of Public Works, P.O. Box 125 DeLand Florida, stating that we would request the services of the County engineers and Surveying Depa~tment to locate the height of these manholes so that they could be raised, attached would be a copy of the letter to L & M Paving Co. so that the County would know what we have done. City Attorney Weaver stated that the only way to approach this is to award the contract to L & M Paving Co. if the paving begins within the next 15 days. If it goes over this the only other alternative that we have is probably advertise for bids. -5- o o Councilman Bevel duly made a motion to advertise for bids for raising the manhole covers on Riverside Drive, conginent upon if L & M Paving Company starts paving within 15 days, the bids will be declared void and L & M will be awarded on an emergency basis, beine seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. NEW BUSINESS Mayor Severance stated that we have had some inquiries since the energy crisis, people wanted to know if they are allowed to store gasoline on their premisis, in their automobiles, in campers etc. Section 8-2 of the Code prohibots the storing of gas in aboveground tanks, as of Ordinance no. 221. The answer to this question in "No you may not store gas on your premisis". Councilman Bevel stated that he has got to declare an emergency in the Sewer Department. The pumps are broke and will cost around $800.00 to $900.00. We has to shut down the entire Sewer Plant and the stations. We need to order two pumps now. Councilman Clinton duly made a motion to authorize Councilman Bevel to spend more than $500.00 on an emergency basis for sewer pumps, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. Councilman Clinton stated that the Police Department needs a Police Car bid. There is a car that is all Police equiped at the Rambler Place in New Smyrna, the price is $3293.28. He asked if there was any way that we could buy this car on an emergency basis. Mayor Severance stated that the City Attorney will look into this and get back to us this week. Councilman Clinton duly made a motion that the attorney be instructed to give us an opinion in regards to purchasing the police car that is located at the Rambler dealer in New Smyrna pending the attorney's opinion which will determine whether or not we will purchase the automobile, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. Councilman Bevel stated that he would like the Council to get information to advertise for a truck for the Sewer Department. Councilman Bevel duly made a motion to advertise for bids to be returned bids April 1, 1974 at 4:30 P.M.. Beine seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. Mr. Christy of the Fire Department stated that at the last meeting the Council made a motion about the emblem and the slogan of the City of Edgewater. The City made a proposal to give a $25.00 war bond to the winner of each of them. He stated that the Fire Department is willing to give $25.00 to each one of them too providing the City gives the same thing. And the City is going to. This makes $50.00 on the Slogan and $50.00 on the Emblem. ANNOUNCEMENTS Mayor Severance stated that the Clinic for Rabies innoculations for cats and dogs would be on Saturday March 9, 1974 at the old Fire Station, from 2:00 to 4:00 P.M. with a charge of $4.00. The dog tags are extra. Hayor Severance stated that there will be a Special Workshop Meeting Thursday March 7, 1974 at 7:00 P.M. in the Mayor's office for anyone interested in the Zone 3 Council seat. City Attorney Weaver stated that he will have a little presendation on Codifications of Ordinances afterwards. Mayor Severance announced that there will be a regular meeting of the Zoning and Planning Board Tuesday March 5, 1974 at 7:3B P.M. in the Hayors Office. -6- o o Mayor Severance stated that there will be a Special Workshop Meeting with Joseph Weaver, City Attorney for all appointed members of the boards on the"Sunshine Law". March 20, 1974 at 7:00 P.M. in the Community Center. Mayor Severance said that the Annual Ham Dinner sponsored by the Volunteer Fire Department will be held Sunday March 10, 1974 from noon to 6:00 P.M. Adults $2.00 and Children $1.00. One man stated that a couple of weeks ago they were promised Street Signs on Bigalow Drive and they haven't gotten them yet. Mayor Severance stated that there are some Street Signs on order now. Councilman Lodico stated that this matter should be put on the next agenda. Mr. Janda asked if the Council could check the variance on his property. He stated that he wants to put a house up and there is a hundred year old tree in the way. He needs a four feet variance to save the tree. Mayor Severance stated that what he need to do is to prepare a legal description on the property, present that in letter form to the Zoning and Planning Board requesting a variance~ ADJOURN OR RECESS Councilman Lodico duly made a motion to adjourn this meeting being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. TIME OF ADJOURNMENT 9:35 P.M. MINUTES TAKEN BY Pam Bryant & Sue Blackwell ~ ATTEST: JL ~kLdt--, SUE BLACKWELL, CITY CLERK -7- /~A.' ~