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02-04-1974 - Regular , o (.) THE CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD FEBRUARY 4, 1974 The Regular Meeting of the City Council of the City of Edgewater, Florida was called to order by Mayor George M. Di~m on Monday, February 4, 1974 at 7:30 P.M. RODL CALL Mayor George M. Dimm Councilman Jacob Lodico Councilman Edward K. Clinton Councilman David C. Severance 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 Present Absent-Present Present Present Present Present APPROVAL OF MINUTES Councilman Severance duly made a the Regular Meeting held January seconded by Councilman Clinton. CARRillED. motion to approve the minutes of 21, 1974 and the motion was Upon roll call vote said motion BILLS & ACCOUNTS GENERAL FUND Stephen Kelley Clarence Goodrich, Jr. City of Edgewater WW & SS Southern Bell Oasis Car Wash City Auto Supply Dwight's Pratt's Public Gas Joseph E. Weaver Joe Smith Tractor Sales Williams Welding Taylor Bros. Tire Ace Hardware Smyrna Auto Parts, Inc. Florida Power & Light New Smyrna Beach News Andrew J. Ashton C & J Supply Industrial Office Outfitters Thomas H. Sheldon Terry O'Rourke Gasoline Alley Pitney Bowes Xerox Corp. Florida Fire & Safety Diversified Electronics Lanier Business Products Troy-Fain Insurance 15.60 40.00 5.00 14.65 3.50 49.48 6.98 10.85 15.69 372.50 30.60 11.27' 17.00 1.26 16.15 28.51 6.30 75.00 48.30 103.90 5.00 5.00 56.14 55.00 52.05 24.80 460.75 89.80 24.50 1,645.60 l\ '1 Q o WATER & SEWER DEPT. J.M. Cole City Auto Supply Calistus P. Dalrymple City of Edgewater Ace Hardware Southern Paint Environmental Specialties Wicks Lumber Dobbs Electric Motor Sigurd Ohrwall American Water Works Edgewater Mower & Small Eng. Badger Meter Sav-on Utility Supply Florida Fire & Safety Hughs Supply 1.00 22.55 15.00 7.95 4.73 5.63 4.70 21.59 12.00 9.51 22.50 1.00 354.48 40.98 11.00 3.05 537.67 Councilman Severance duly made a motion to pay said bills and accounts being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. Councilman Bevel arrived at the meeting and joined the other members of the Council. OFFICERS REPORTS Certification of Posting COMMUNICATIONS The City Clerk read a letter from Ray Rawles thanking the Street Department for the manner in which they hand1ed the situation of the tree falling across the street from them. Mayor Dimm passed this letter down to Councilman Lodico and the Street Department stating that he was glad to see thanks coming in from the public instead of complaints. The City Clerk read a letter from John N. Fraley requesting permission to put a work trailer on his property in Florida Shores while building his home. Mayor Dimm stated that the trailer is a 12 x 60. Councilman Severance duly made a motion to allow Mr. Fraley to have this trailer for a period of 90 days, in accordance with the ordinance pertaining to it, with one understanding, that it is not to be used to live in while he is building his house, Motion being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. Mayor Dimm instructed the City Clerk to send Mr! Fraley a copy of the ordinance pertaining to work trailers. The City Clerk read a letter from Robert E. Fuller requesting the Council to supply him with a copy of waiver of fence restrictions, Mayor Dimm stated that we have a resolution on this tonight so it will be held until then. The City Clerk read a letter from Patrolman Larry W. Westfall requesting a leave of absence for eleven months due to personal reasons. He also asked to reserve the right to work on Friday or Saturday nights or both as a relief officer. Mayor Dimm asked if the Council had any comments on this. Councilman Clinton duly made a motion to grant the leave of absence to Officer Westfall, being seconded by Councilman Bevel. Police Chief Katez stated that he did not agree to give Mr. Westfall the right to work on Friday and Saturday. He would be working two days a week holding his seniority, this would not be fair 2. o Q to the rest of the men. When he wants to start his eleven months leave his seniority stops and if he comes back in eleven months he picks it up again. Councilman Clinton withdrew his motion with Councilman Bevel withdrawing his second. Councilman Severance duly made a motion that we accept the request of Officer Westfall for an eleven months leave of absence with his seniority frozen as of February 11, 1974 to resume again upon his rehiring, and give the service of a releif officer at the will of the Chief of Police, being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. The City Clerk read a letter from Mr. Adolph LaBonde notifing the Council of the cancellation of his contract as Building Official, also any permits issued during this time, he would like his fees paid immediately upon collection of permit. Mayor Dimm stated that he spoke to Mr~ LaBonde, and he said that he had a change of mind and would like to cancel this letter and continue on as Building Inspector until such a time as we hire another one, this may be 30 days, 90 days or 6 years, we don't know. Mayor Dimm said that he was going to write the letter to be brought to the Council tonight, but he didn't put it in writing and he isn't here to defend himself. Mr. Weaver stated that there were two alternatives on this, Mr. LaBonde did make some kind of communication (verbal). He stated that it might be best to withdraw the letter and then make any other motions the Council might wish to entertain on the subject matter of Mr. LaBonde. Councilman Lodico duly made a motion to withdraw the letter from Mr. LaBonde, being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. Paul Walls stated that when this contract was drawn up with Mr. LaBonde, he at that time made a statement that he would train a man on the job and have him ready for the job. Mayor Dimm stated that he asked him that very question and Mr. Labonde said that he saw no need to train a man. Councilman Severance duly made a motion that the City of Edgewater terminate the services of the current Building Inspector, Mr. Adolph LaBonde, effective 30 days from this date (February 4, 1974) in accordance with 'his terms of his contract, being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. Councilman Lodico No. RESOLUTIONS RESOLUTION NO: 502 A RESOLUTION ESTABLISHING FEES FOR SUBMITTING APPLICATIONS FOR THE ZONING AND PLANNING BOARD OF THE CITY OF EDGEWATER, FLORIDA. The above resolution was read in full by City Attorney Joseph E. Weaver. Councilman Severance duly made a motion to accept said resolution being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. RESOLUTION NO: 503 A RESOLUTION ADOPTING AN APPLICATION FORM TO BE USED BY ANY APPLICANT WHO DESIRES FORMAL ACTION TO BE TAKEN BY THE ZONING AND PLANNING BOARD OF THE CITY OF EDGEWATER, FLORIDA IN REGARD TO VARIANCES, ZONING AND REZONING OF PROPERTY. 3 . Q 0 The above Resolution was read in full by City Attorney Joseph E. Weaver! Councilman Clinton duly made a motion to accept said resolution, being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. RESOLUTION NO: 504 A RESOLUTION AUTHORIZING AND ENTITLING THE FIRE DEPARTMENT OF THE CITY OF EDGEWATER, FLORIDA TO USE A POLICE CAR FORMERELY DESIGNATED AS UNIT 301 FOR USE OF CONDUCTING OFFICIAL FIRE DEPARTMENT BUSINESS. The above Resouldtion was read in full by City Attorney Joseph E. Weaver. Councilman Severance duly made a motion to accept said resolution being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. RESOLUTION NO: 505 A RESOLUTION OF INTENT TO ENTER INTO A LEASE AGREEMENT WITH THE EDGEWATER CHAMBER OF COMMERCE FOR THE RENTAL OF A PORTION OF THAT PART OF THE COMMUNITY CENTER FORMALLY OCCUPIED BY THE EDGEWATER VOLUNTEER FIRE DEPARTMENT. The above Resolution was read in full by City Attorney Joseph E. Weaver. Councilman Lodico duly made a motion to accept said resolution being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. RESOLUTION NO 506 A RESOLUTION DESlqNATING DAVID MCCALLISTER, JAMES MACKIE,JR., AND ROBERT WOLFE AS REPRESENTATIVES FROM THE CITY OF EDGEWATER, FLORIDA TO THE SOUTHEAST VOLUSIA NEW SMYRNA BEACH JOINT PLANNING COMMISSION, A COMBINED BOARD OF VOLUSIA COUNTY, NEW SMYRNA BEACH AND THE CITY OF EDGEWATER, FLORIDA ESTABLISHED UNDER THE VOLUSIA COUNTY COUNCIL. . \ The above Resolution was read in full by City Attorney Joseph E. Weaver. Councilman Bevel duly made a motion to accept said resolution being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. ORDINANCE ORDINANCES NO: 869 AN ORDINANCE TERMINATING PAUL REAM AS SUPERINTENDENT OF WATER WORKS DEPARTMENT AND PROVIDING A AN EFFECTIVE DATE THEREFOR. The above Ordinance was read in full by City Attorney Joseph E. Weaver. Councilman Bevel duly made a motion to accept said Ordinance being secondeddby Councilman Clinton. Upon roll call vote said motion CARRIED. ORDINANCE NO: 870 AN ORDINANCE AND APPOINTING ALAN THOMAS AS SUPERINTENDENT OF WATER WORKS DEPARTMENT FOR THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA SETTING FORTH HIS COMPENSATION FOR SUCH OFFICE, AND PROVIDING AN EFFECTIVE DATE THEREFOR~ The above Ordinance was read in full by City Attorney Joseph E. Weaver. 4. o Q Councilman Bevel duly made a motion to accept said Ordinance being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. Councilman Severance duly made a motion that the forth coming Ordinance be declared an emergency ordinance, being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. ORDINANCE NO: 871 AN ORDINANCE WAIVING THE REQUIREMENTS OF ORDINANCE NUMBERS 219 & 560 IN REGARD TO FENCE HEIGHTS AND CONSTRUCTION FOR THE PURPOSE OF ALLOWING ROBERT FULLER TO FENCE THE AREA SURROUNDING HIS SHELL PIT LOCATED SOUTH OF EATON ROAD IN EDGEWATER, FLORIDA IN ORDER TO PROTECT THE PUBLIC HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF THE CITY OF EDGEWATER, FLORIDA. The above Ordinance was read in full by City Attorney Joseph E. Weaver. Councilman Clinton duly made a motion to accept said Ordinance being seconded by Councilman Severance. Upon roll call vote said motion CARRIED. OLD BUSINESS Mayor Dimm stated that the Humade Society has cooperated very well with what we asked them. Councilman Lodico duly made a motion to restore funds of $100.00 per month to the Humane Society, rectroactive to January 1, 1974. Being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. Councilman Bevel stated that if you have a problem with an animal or the service fnom the Humane Society, call Reverand Hardin or Mrs. Charles Hall to assist you. Mayor Dimm stated that Wicks Truss Company is requesting the City to allow them to put in a four foot culvert for the new plant which they are building on Park Avenue. He stated that the normal culvert is much smaller than this. Councilman Bevel stated that Mr. LaBonde had inspected that ditch that is there, and the four foot culvert is as big as the ditch. Councilman Bevel duly made a motion to instruct the City Clerk to write to the FEC Railroad granting permission to allow a four foot culvert to be put on this property in their drainage ditch, being seconded by Councilman Severance, Upon roll call vote said motion CARRIED. Councilman Severance duly made a motion to instnuct the City Attorney to file answers and motions to pending lawsuit and to represent individuals and the City in the lawsuit, being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. City Attorney Weaver will defend everyone in the lawsuit. NEW BUSINESS Councilman Lodico duly made a motion to advertise for bids for a back- hoe, being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. MAYor. Dimm stated that on Thursday evening, February 8, 1974 at 6:00 P.M. the whole Council is going to meet at the building proposed for the Police Department, and look it over and see what they think of it. Then the Council will come back to City Hall for a Special Meeting to decide whether to buy it or reject it. The Mayor asked City Attorney Weaver to be there. Councilman Bevel 5. " I () o stated that he would like the City Clerk to make the necessary information available to us at this meeting, namely where the money is going to come from to buy it, and where the money is going to come from to fix it up and put it in shape for the Police Department to move into. Mayor Dimm asked the City Clerk to be at the meeting to answer the necessary questions. Have Police Chief Katez there and notify the owner of the owner of the building to attend the meeting. Mayor Dimm stated that the County called him about the paving of Riverside Drive. He wants to go over this at 10:00 tomorrow morning with a couple of the Councilmen. All Councilmen are invited. Councilman Lodico stated that he has had aevera1 calls on Sundays stating that the Atlantic Welding Company is working on Sundays and the noise is terrible. They would like to know what they could do about this. City Attorney Weaver stated that the thing to do is to have the City Clerk write to Mr. King and tell him that the complaints have renewed themselves and that he will have to build a fence: Mayor Dimm instructed the City Clerk to write him a letter requesting him to do so and if he doesn't we'll take action. Councilman Bevel duly made a motion to authorize the expenditure of funds and have City Attorney Weaver draw up a noise pollution Ordinance, being seconded by Councilman Severance. Upon roll call vote said motion CARRIED. Councilman Bevel stated that he would like to see something done about the parking df commercial vehicles in the City Limits, such as gas trucks. Councilman Bevel duly made a motion to instruct the City Attorney to draft up an Ordinance for the Council to review in regards to heavy vehicles over 1 ton being parked in Residential Areas. Motion being seconded by Councilman Severance. Upon roll call vote said motion CARRIED. City Attorney Weaver stated that there should be a weight limit in this Ordinance, he suggested one toneweight limit or over. Mr. Christy stated that the County Fire Marshal and himself went over and looked at the LP Gas Trucks. He stated that he had asked him about the law on gasoline trucks and propane or bottled gas. The County Fire Marshal said that there was a state law stating that no vehicles with flamable items can be parked on the street, it must be attended. Councilman Clinton stated that the Chief of Police was instructed to have these unused cars removed, and a man came to himaand seid that he had two or three jeeps used for hunting. He said that tfiis man doesn't want to buy license plates, insurance, because he only used them for hunting. Councilman Clinton stated that the Chief said that the state law requires any vehicle being towed must have a tag. City Attorney Weaver stated that thismman may not have to have a tag to run the jeep in the woods, but he will have to have a tag to run or tow them on the highway, in the State of Florida. Mayor Dimm stated that we should give him a decent period of time to get a tag and get it registered. Fire Chief Walls stated that he would like to report to the Council on two particular fires. Saturday the Fire Department was called 1 6. ~ o o out by the Florida Forestry Service and the State Highway Patrol for a wood fire in Waterway Park. He stated that he saw some good cooperation of people working to put the fire out. He said that ther.e is a burn ban on in the County, no burning allowed. Someone set fire to the dump today and it set the woods on fire this time. He said that if this continues the City will have to close the dump. The fire set by some one. He said that he needs an6 inch main out there or it is no use fighting the fire. City Attorney Weaver stated that the City Clerk pointed out to him that the particular ordinance that the Council passed to reopen the dump required two readings. The Council read this ordinance once and tabled it. That ordinance has not gone into effect, so the dump is closed. Councilman Severance stated that what really helped us out while it was closed for two months, was the fact that publicity was out enough over the City in the papers that it told that if anybody was caught there was going to be apprehended and there would be no mercy shown. What we need to do is to publicize in the papers again that the dump is closed and that the old ordinance is still in effect. Mr. Dave McCallister stated that he is a genreal contractor 1n town and he would like to know why the City allows the smaller contractors to haul their trash to the City Dump for free or a fee, shy can't his company haul their trash there and have the same privi1edge as therothers. Mr. McCallister also stated that if you clear one lot in the City you should clear all of them, or you don't clear any or else you put liens on them. Councilman Bevel stated that F1qrida Shores is all virgin territory there are many people that would like to see every lot in Florida Shores cleared. The way that the ordinance states now, is that if we are breaking virgin territory we don't mess with it. If it is not breaking new territory we do mess with it. Councilman Severance stated that there is an ordinance on the books that stipulates on those lots that have been cleared there is a height level for it to grow back up to, 18 inches. Any lot that has been cleared that is left to grow beyond 18 inches they are not with the Ordinance. Either a person complains about this through the Police Department or when the City has the opportunity the Police Officer will go out and look for these violations. Councilman Bevel stated that he would like to give Mr. McCallister an answer to who can use the dump and who can not use the dump. He stated that he would like to bring this up at the next workshop to establish an answer to him. Fire Chief Walls stated that it was closed to everyone except City Employees. Mr. Montesano stated that about a month ago he wrote a letter to the Council about the fence behind him, and wondered if anything had been brought up about this matter. Councilman Severance stated that the property owners that owned the fence came to a Workshop meeting and discussed this with them. We found out that the fence in question does not abutt on the Montesanoo property. As far as the City is concerened, we agree that there is no action that the City couldnpossibly take because of the fact that the fence is not abutting upon your property. The Council felt that this was a Civil Matter and is between the Montesano's and the Longdens. 7 . . . (..) o 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: 10:30 P.M. MINUTES TAKEN BY: PAM BRYANT SUE BLACKWELL tJt/u.....- ~M<J 'h~~ 7N C>IL~AN. . c ~~:.e,~( e-/ az OUNCILMA '74-'..-^I /' COUNCILMAN lfA/ ATTEST: ~~/ SU BALCKWELL, CITY CLERK 8.