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02-18-1974 - Regular .. u o THE CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD FEBRUARY 18, 1974 The Regular Meeting of the City Council of the City of Edgewater, Florida was called to order by Vice Mayor David C. Severance on Monday, February 18, 1974 at 7:30 P.M. Due to the death of Mayor George M. Dimm on February 9, 1974, Mr. Severance took over the Mayor's chair as prescribed in Resolution No. 193. OATH OF OFFICE The City Clerk administered the Oath of Office to Mr. David C. Severance as Mayor. ROLL CALL Mayor David C. Severance Councilman Jacob Lodico Councilman Edward K. Clinton Councilman from Zone III Councilman John G. Bevel City Attorney Joseph E. Weaver. City Clerk Sue Blackwell Deputy Clerk Pam Bryant Police Chief George Katez Present . Present Present Vacant Present Present Present Present Present APPROVAL OF MINUTES Councilman Lodico duly made a motion to approve the minutes of the Regular Meeting held February 4, 1974 and the motion was seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. Councilman Bevel duly made a motion to approve the minutes of the Special Meeting held February 7, 1974, and the motion was seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. BILLS & ACCOUNTS GENERAL FUND City of Edgewater Petty.Cash Standard Oil Union 76 Oasis Car Wash Ocean Avenue Nursery Florida Power & Light American Hardware Southern Bell Williams Welding Supply New Smyrna Beach News Ace Hardware Florida Civil Defense Assoc. Cibu Typewriter Repair New Smyrna Commercial Printing 42.20 . 6.25 12.20 1. 75 _ 16.99 1,476.39 53.01 30.25 2.10 10.15 3.16 5.00 10.00 28.00 -1- CJ o Gasoline Alley Florida Business Machines SoutheAtlantic Fire Equipment Joseph E. Weaver Dennis Warren Kenneth L. Smith Industrial Office Outfitters Xerox Standard Oil Robert Christy Control Specialists Co. New Smyrna Beach Police Department New Smyrna Beach Humane Society FEC Railroad 216639 64.49 255.00 495.00 5.00 5.00 96.00 65.16 1,037.43 10.80 180.00 114.00 500.00 10.00 4,751.72 WATER & SEWER Edgewater Manufacturing Co. J. M. Cole Co. City of Edgewater Sou the rn Be 11 American Hardware Florida Power & Light Petty Cash Ace Hardware Dobbs Electric Watkins Ford Smyrna Auto Briley, Wild & Assoc. New Smyrna elumbing Conrad Yelvington Econcmy Electric Florida Fire & Safety Savon Utility Supply Utility Supply Co. 8.50 26.95 7.50 36.65 36.09 969.36 17.01 5.78 63.84 22.79 15.85 432.66 4.37 18.66 80.74 40.08 38.80 97.64 1,923.27 CONSTRUCTION ACCOUNT McMahan Construction Co. Briley, Wild & Assoc. 30,973.50 1,350.67 32,324. 17 Councilman Clinton duly made a motion to pay said bills and accounts being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. OFFICERS REPORTS Certification of Postings Library Report Police Department Report General Fund Budget Report Clerk's Cash Statement COMMUNICATIONS The City Clerk read a letter addressed to the Mayor and City Councilmen from Mr. James W. Seymour stating that he requested a Street Light be put pp on the East end of Joyce Street a couple of months ago. This letter was tabled and Mr. Seymour has not heard anything about it since. He would like this request removed from the table and acted upon. -2- o o Mayor Severance reccommended to the Council that a letter be written out to Mr. Seymour, informing him that a Street Light will be considered in this years Street Light progRam. The Council plans to start this program in the next workshop. The City Clerk read a letter from Mr. Jim Hogan, Principal of the Edgewater Elementary School, thanking the City for the gift of the General Electric Tape Recorder. Mayor Severance stated that the Council felt that the school could use this tape recorder as the City has no use for it, with the Council acknowledging this letter. The Ci~y Clerk read a letter from the Building Code Committee requesting that the City Council appoint a Board of Adjustments and Appeals in accordance with Section 111-113 of the Southern Building Code with the exception of the total number of members being 7 instead of 5. Mayor Severance stated that this was discussed at the Workshop Meeting and agreed that this would be a good idea. Councilman Bevel duly made a motion to instruct the City Attorney to draft up an Ordinance which would make the current Building Code Committee a Board of Appeals, upon completion of updating the Building Code, being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. The City Clerk read a letter from Mr. Westfall requesting that his leave of absence be postponed indefinitely. Councilman Bevel duly made a motion to accept this letter of postponment, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. The City Clerk read a letter form Atlantic Machine, Inc. in regards to the noise at night and on weekends that people have complained about. Attorney Weaver stated that he is working on a noise Ordinance and that he is also examining other aspects of that particular operation down there which he is not ready to give a report on at this time. Councilman Bevel duly made a motion that this letter be tabled and discussed at the next Workshop Meeting, being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. The City Clerk read a letter from the Board requesting that they be allowed to purChase 4 dozen teaspoons for the Community Center. like to purchase a new mike. Councilman Clinton duly made a motion to buy 3 dozen forks and 4 dozen teaspoons for the Community Center, being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. of Governors 3 dozen forks and Also they would Councilman Bevel duly made a motion to table the a new mike until we can get someone to look into equipment, being seconded by Councilman Lodico. call vote said motion CARRIED. The City Clerk read a letter from the Zoning and Planning Board requesting that any new construction Building Permit requests other than individual residential be referred to the Zoning and Planning Board and that no permits be issued for a period of 60 days or until such time as the LAND USE MAP STUDY is completed by this board. purchase of all of the Upon roll -3- Q o City Attorney Weaver stated that he thought that it would be appropriate at this time to stress to the Zoning and Planning Board the necessity of coming up with this land use map as quickly as possible and declare a moratorium during this period of time. Councilman Bevel duly made a motion that the City enter into a moratorium on these construction builders that make request for those other than individuals residential, and that no permits be issued for that period of 60 days until such time that the land use map study is completed, motion being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. The City Clerk read a letter from the Zoning and Planning Board stating that they voted toallow two story single family dwellings to be constructed in Florida Shores, and that there were no objections from anyone present. - . Mayor Severance stated that later on in the meeting we have the necessary Ordinance repeal to the Ordinance in question, so the Council acknowle~ged this letter until later in the meeting. The City Clerk read a letter from the Zoning and Planning Board submitting recommendations that the City adopt the color code on the City Zoning Maps that is used in the County and that the City adopt a minimum charge of $50.00 plus labor for any lot mowing performed by City Crews. Councilman Clinton duly made a motion to adopt the Color Code on the City Zoning Maps, being seconded by Councilman Bevel. Upon roll call vote said motton CARRIED. Councilman Clinton duly made a motion to instruct the City Attorney to amend the existing Ordinance, to incorporate a minimum fee of $50.00 plus labor for lot mowing performed by City Crews, being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. RESOLUTIONS Councilman Lodico duly made a motion that John G. Bevel be appointed as Vice-Mayor being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. RESOLUTION NO: 507 A RESOLUTION DECLARING JOHN G. BEVEL TO BE VICE-MAYOR OF THE CITY OF EDGEWATER, FLORIDA, AFTER ELECTION THEREFOR. PROVIDING SAID VICE MAYOR SHALL SERVE FOR THE REMAINDER OF THE TERM FOR WHICH DAVID C, SEVERANCE WAS ELECTED, AND PROVIDING AN EFFECTIVE DATE THEREFORE. The above Resolution was read in full by City Attorney Joseph E. Weaver. Councilman Lodico duly made a motion to adopt said Resolution being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. RESOLUTION NO: 508 A RESOLUTION DESIGNATING MAYOR DAVID C. SEVERANCE AS THE REPRESENTATIVE FROM THE CITY OF EDGEWATER, FLORIDA TO THE VOLUSIA LEAGUE OF MUNICIPALITIES, AND PROVIDING AN EFFECTIVE DATE THEREFOR. The above Resolution was read in full by City Attorney Joseph. E. Weaver. -4- o o Councilman Clinton duly made a motion to adopt said Resolution being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. RESOLUTION NO: 509 A RESOLUTION AUTHORIZING MAYOR DAVID C. SEVERANCE TO HAVE ACCESS TO THE SAFETY DEPOSIT BOX OF THE CITY OF EDGEWATER, FLORIDA AND BE AN AUTHORIZED SIGNATORY OF ALL BANK ACCOUNTS OF THE CITY OF EDGEWATER, FLORIDA AND FURTHER AUTHORIZING THE VICE MAYOR JOHN G. BEVEL TO BE AN AUTHORIZED SIGNATORY OF ALL BANK ACCOUNTS OF THE fiITY OF EDGEWATER, FLORIDA. The above Resolution was read in full by the City Attorney Joseph E. Weaver. Councilman Lodico duly made a motion to adopt said Resolution being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. ORDINANCES ORDINANCE NO: 868 AN ORDINANCE AMENDING THE CODE OF ORDINANCE BY ADDING A SECTION ENTITLED "CIVIL DEFENSE" WHICH PROVIDES FOR THE OFFICE OF CIVIL DEFENSE COORDINATOR, PROVIDES FOR DEFINITION OF TERMS: PROVIDES FOR ORGANIZATION OF THE OFFICE OF CIVIL DEFENSE AND APPOINTMENTS OF PERSONS TO THAT ORGANIZATION: PROVIDES NECESSARY EMERGENCY POWERS: PROVIDES FOR A CITY DISASTER PLAN: PROVIDES FOR THE ESTABLISHMENT OF A PRIMARY AND A SECONDARY EMERGENCY OPERATING CENTER: PROVIDES GENERAL RULES AND ADMINISTRATIVE REGULATION: PROVIDES FOR REPEAL OF ORDINANCE AND PARTS OF ORDINANCES IN CONFLICT: PROVIDES AN EFFECTIVE DATE. b';1 -h' t k The above Ordinance was read tn ~ by City Attorney Joseph E. Weaver. Councilman Clinton duly made a motion to adopt the second reading of said Ordinance being seconded by Councilman Lodico. Upon roll call vote said mot1on~CARRIED. ORDINANCE NO: 872 AN ORDINANCE AMENDING ORDINANCE NUMBER 768 AND PROVIDING FOR A SIX MONTH EXTENSION OF THE ZONING CLASSIFICATION OF THE FOLLOWING DESCRIBED PROPERTY AND PROVIDING AN EFFECTIVE DATE THEREFOR. b~ f,'t'e.. The above Ordinance was read i~~~ 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. ORDINANCE NO: 873 AN ORDINANCE REPEALING THAT PART OF SECTION 2 OF ORDINANCE 368 WHICH SPECIFIES THAT ONLY SINGLE STORY DWELLINGS MAY BE CONSTRUCTED IN THE A-5 RESIDENTIAL DISTRICT AND PROVIDING AN EFFECTIVE DATE THEREFOR. btj t".1-/ e.. The above Ordinance was read i-rt"-fu-l=l by Ci ty Attorney Joseph E. Weaver. Councilman Clinton duly made a motion to adopt said Ordinance being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. ORDINANCE NO: 874 AN ORDINANCE SETTING UP A MERIT SYSTEM FOR THE CITY OF EDGEWATER, FLORIDA, AND PROVIDING FOR AN -5- o o EFFECTIVE DATE, AND PROVIDING FOR ITS PUBLICATION, AND PROVIDING FOR JOB CLASSIFICATION, AND PROVIDING CERTAIN EXCLUSIONS. b~ +;+Ie. The above Ordinance was read tn~ by City Attorney Joseph E. Weaver. Councilman Clinton duly made a motion to adopt said Ordinance being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. OLD BUSINESS City Attorney Weaver stated that the moratorium was lifted contigent upon receipt of a certification from a private Engineer on certain houses constructed by Faith Brothers Co. He stated that we gave them 20 days to come up with this certification and it is his understanding that this certification has not been received as of yet. Therefore, at this time, City Attorney Weaver recommended that we put a stop work order on those three houses that were inspected and were the actual subject of the complaint. They would be allowed to go on the premises to make corrections and repairs. Before completing and corrective work is done they would submit any designs, drawings, or specifica- tions of this work. Councilman Bevel suggested that we go along with the Attorney's recommendation on these three houses. We are scheduled to have a meeting tomorrow night to determine whether we are going to go with an in~pector type team. Any violations that they find will be noted to Faith Brothers and they will correct these violations. We should request these inspectors to inspect any and all buildings or parts of buildings under construction and give us a list of any violations. City attorney Weaver stated that Mr. LaForce, from Faith Brothers Co. did mention at the Workshop Meeting that he had made several corrections on these particular locations. If he would point those corrections out or list to us by letter, we would not be holding for those. He also stated that it would be propertfor us to write a letter to him requesting that he do so. Councilman Clinton stated that we saw these homes ourselves and that there were more than three houses that were in violation. .If we don't stop all of them, there is no sense in stopping these three. Councilman Lodico duly made a motion that;a morator1.umbe put on these three particular homes, unt~l they are corrected, reinspected and they send us a letter of certification, being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. Councilman Clinton voted NO. Councilman Bevel duly made a motion to table the Hardin Place repairs until the next workshop meeting being seconded by Council- man Clinton. Upon roll call vote said motion CARRIED. NEW BUSINESS Certification of Bids and the Opening of Bids for a Backhoe. 1. Le Tourneau Tractor Co. 2. Mac Smith Equipment Co. 3. C & C Tractor Inc. 4. State Tractor Equip. Co. 5. Case Power & Equip. Co. $ 8,781.00 9,103.00 8,600.00 14.270.00 NO BID -6- o Q Certification of funds. Mayor Severance stated that the bids were not that 1ength1y and that they could decide on one tonight. The Council then got together to decide on a bid. After a short period of time Mayor Severance stated that the Council has come up with an agreement on the bid item. Council- man Lodico duly made a motion to accept the bid f.fom C & C Tractor Inc., bid of $8,600.00, being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. Councilman Bevel duly m~de a motion to au~ho~ize the City Clerk to write a letter to our old audit firm telling them" they had fulfilled the contract with the City and contacting a new firm being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. ? Councilman Lodico duly made a motion to have a contest at the Edgewater Elementary, finding a new slogan and new emblem for the City, with a $25.00 bond for the winner, being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. Councilman Lodico duly mdde a motion to authorize the Mayor and Council, City Clerk and the City Attorney to attend the Sudshine Seminar, being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. Mayor Severance stated that he takes it upon himself to appoint a Building Committee for the New Police Station conststing of the Chief of Police, Councilman Clinton (coordinator of that department) and Councilman Bevel, to search throughout the City for various sights for a new Police Station, and report back to the Council upon their recommendations of those sights upon completion of the mission. Chief Walls stated that there is plenty of room by the Fire Station, and why should the City waste money going out and buying a piece of property when you have already got a large piece of land. He stated that he bas not heard any complaints from the Firemen, as long as it is a nice building. ANNOUNCEMENTS Mayor Severance stated that anyone that is interested in the Zone III Council seat, should get in touch with any of the Councilmen before February 28th Workshop Meeting. Mayor Severance stated that we have made up a complaint form. They are in the City Hall, Community Center, and the Library. This form 1s available to people that have complaints that could be solved by City Department Heads, that are normally brought before the Council. There will be a Special WorkShop Meeting Tuesday at 7:30 P.M. This meeting will be held with the County Building Inspectors. Mayor Severance stated that the next County Council Meeting will be held Thursday, February 21, 1974 at 9:00 P.M. at the Court House in Deland. This is in accordance with a land fill that we are pressing,them fop. -7- o o MISCELLANEOUS Councilman Clinton asked if the City was ever going to move this playground equipment, to the vacant lot across from the City Hall. The City Clerk stated that she contacted two fence companies and they will charge 50 cents a foot to reinstall a fence on that lot. Lopez Fence Co. did not turn in a bid. Mayor Severance stated that what we need to do is to put the playground equipment over there. Councilman Lodico (coordinator of that department) will be in charge of seeing that the Street Department does this. Councilman Clinton also asked about the boat ramp. City Attorney Weaver stated that he will check this out. Mayor Severance asked the lawyer if we could go ahead and write a letter again to the Internal Trust Fund and more or less tell them in a nice way that if we don't receive a permit within two weeks that we do plan to go ahead and begin work on the Boat Ramp. Councilman Bevel stated that he wanted to thank the people that attended the meeting tonight for coming and would like to see this crowd back again. Police Chief Katez stated that he understands that to put the same fence over here for the play area. for safety precautions that we should put a higher there due to it being so close to the road. Mayor Severance stated that we can't put a higher fence, because we can't find anyone to put it up for us. we are going He said that fence over ADJOURN OR RECESS Councilman Bevel duly made a motion to adjourn this meeting being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. TIME OF ADJOURNMENT 9:25 MINUTES TAKEN BY: Pam Bryant Sue Blackwell -8- '0 II' v j~ /' L//.~/~'~ K 1,/~:".6;'- r.yt.1~J / Councilman ATTEST: ~ a1~~ -9- ~M/