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01-21-1974 - Regular o o THE CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD JANUARY 21,1974 The Regular Meeting of the City Council of the City of Edgewater, Florida was called to order by Mayor George M. Dimm on Monday January 21, 1974 at 7:30 P.M. ROLL CALL Mayor George M. Dimm Councilman Jacob Lodico Councilman Edward 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 Present Present Present Present Present APPROVAL OF MINUTES Councilman Severance duly made a motion to approve the minutes of the Special ~eeting held December 29, 1973 and the motion was seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. Mayor Dil'lm) No as he was not at that meeting. Councilman Severance duly made a motion to approve the minutes of the Regular Meeting held January 7, 1974 and the motion was seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. BILLS AND ACCOUNTS GENERAL GOVERNMENT Petty Cash Southern Bell City of Edgewater WW & SS Florida Power & Light J. E. Tumb 1 in Joseph E. Weaver American Hardware Quinn R I\ssoc. Industrial Office Outfitters Eli \-J i t t Lanier Business Products Ed 0 e \'J ate r Mot 0 r s Oasis Car ~Iash Maszk's Workshop, Inc. flSB Police Dept. Biscayne Fire Dept. Matty's Transmission Lamar Uniforms, Inc. ACE Hardware C. & J. Supply Co. ~J ill i a m s ~J e 1 din 9 40.82 178.77 51.20 1,487.35 3,362.00 420.50 8.42 360.00 5.22 10.50 454.25 11 .92 3.50 160.00 105.00 33.90 17.60 217.60 2.00 17.72 7.50 -1 - o o Hughes Supply Gasoline Alley American Hardware Standard Oil I'i 0 mar, I n c . Nieburqer ehev. Commercial Printing 9.05 64.41 5.48 1,470.96 158.98 33.57 43.00 8,741.22 I>JATER & SE\~ER City of Edgewater Petty Cash Florida Power & Light Southern Bell American Hardware Betz Lab. Allied Chern & Chlorine Conrad Yelvington Hughes Supply Inc. Save-on Utility Supplies Ken t ~1 e t e r Sa 1 e s Briley, Wild 7.50 7.50 1,047.59 46.44 25.71 11.25 390.00 39.00 219.00 2. 18 201.98 349.16 2,347.31 CONSTRUCTION ACCOUNT Briley, Wild & Assoc. ~1cr.1ahan Const. Co. 1,264.91 16,236.00 17,500.91 FEDERAL REVENUE SHARING Southern Paint & Wallpaper New Smyrna Builders Supply Jack Brittingham Tom Mitchell Lumber Kirkland Sod Co. Beachside Varitey Store New Smyrna Plumbing Supplies, Inc. New Smyrna Builders Supply 51 .68 153.69 36.41 105.20 125.00 5.69 16.82 38.46 532.95 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 Certification of Posting General Fund Budget Report, December, 1973 Clerk's Cash Statement, December 1973 Police Department, December, 1973 C 0 ~1 M U N I CAT ION S The City Clerk read a letter from the Zoning and Planning Board regarding the officers appointed for the new year. Mayor Dimm expressed his congradulations to them. The City Clerk read a letter from the Zoning and Planning Board requesting the City Council to call a public hearing for the purpose -2- o o of discussing Ordinance No. 368. They feel that the public should have a voice as to whether two story houses should be permitted and where. The City Clerk stated that the meeting will be held at the Community Center, February 11, at 7:30 P.M. The City Clerk read a letter from the Zoning and Planning Board stating that the City utilize the form for any Zoning Changes, Variances, requests for public hearings, or etc. They also recommended that the deposit fee for Zoning change requests be increased from $2.50 to a more reasonable fee of $50.00 Councilman Bevel duly made a motion to instruct the City Attorney to draw up a resolution adopting the variance change from $2.50 to $50.00 being seconded by Councilman Severance. Upon roll call vote said motion CARRIED. Councilman Bevel stated that they do not have a set form. If we adopt this form, then it would be a standard form for every- one to use. Councilman Severance duly made a motion to adopt this form for zoning request at the same time that the resolution is passed increasing the fee, being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. The City Clerk read a letter from the Humane Society stating that there will be a fee of $5.00 between the hours of 9:00 A.M. and 4:00 P.M. and $10.00 there after for the pick up of injured animals, and that there will be a bill from the vet. Mayor Dimm read a recent letter from the Humane Society. Mayor Dimm stated that Reverand Hardin would be at the Workshop Meeting held on January 31, 1974 to talk with us about this situation. Councilman Severance duly made a motion to table this until the next Workshop Meeting being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. The City Clerk read a letter from Mr. Teasley requesting permission to erect a fence other than a chain link fence, exceeding 4 feet on his west property line. Mayor Dimm asked Police Chief Katez to fill the Council in on this matter Chief Katez stated that on the other side of this property there is an old shed which is badly in need of painting. r~r. Teasley wants to put up a 6 foot fence made of cypress. Chief Katez told Mr. Teasley to write a letter to the Council and get a petition from his neighbors stating that they do not object to this. Mayor Dimm stated that they will wait to take any further action until they receive another letter from Mr. Teasley. The City Attorney Weaver read a letter from France M. Brownrigg concerning the inspections that the County Inspectors made. Mayor Dimm asked Councilman Bevel to explain the situation to them. Councilman Bevel stated that this letter means that the County Inspectors don't want to commit themselves. He stated that Mr. Westberry should be counciled with, in some way and given a copy of tIle ordinance which shows that we are using the latest building code. Mr. Weaver stated that he went over and talked to Mr. Westberry and gave him a copy of our ordinances an at that time told him that we would like the letter, more specificly naming the items that were in their extimation in violation. He said that they would get that letter out to us but as yet that letter is not in the mail. Councilman Severance stated that the only thing that we can do is to wait for this letter. -3- (.) o City Attorney Weaver stated that he would like to bring up another point on this. He stated that he had another letter from an engineering firm directed to Faith Brothers. It seems to be in regard to the letter that Mr. laBonde directed to Faith Brothers stating that we needed something in a specific report from an engineer, a certification, on these particular homes that they were, in fact, in comformance with the code. Mr. Weaver stated that Faith Brothers has made a good effort in trying to comply with our stop-work order that Mr. laBonde has sent to them. The Engineer didn1t do what we exactly wanted and maybe not exactly what Faith Brothers wanted as far as answering specificly what we requested in the stop-work order. Councilman Severance read a letter from Fiskay Assoc., Orlando, Florida to the Council and the public. Mr. Weaver stated that Faith Brothers does have a report but it is not a certified report. If the Engineer can give us an individual certification on each one of these locations, then within a certain period of time, the stop-work order can be lifted completely, actually it could be lifted now on contingent upon the engineer giving those certifications to us. Councilman Severance stated that he would go along with that and would like to include with that, that if we receive communications from the County backing up and supporting the inspections that were made. City Attorney Weaver stated that that was the engineers problem, not Faith Brothers. The Engineer is the one that is certifing it. Councilman Severance stated that then we could have a reinspection if we find that the violations are still there, we could issue another stop-work order. If we find that this engineer is in violation then we can take action on him and we can stop Faith Brothers again and this time we can stop them for some time. Mr. laForce from Faith Brothers stated that this engineer varifies that there are no violations here. He said he has been building houses for 25 years, and if he doesn't know now, he isn't going to know. He said that he has pointed out in the code book of these windows that weren't framed right, that they are framed right. He just doesn't like to hear that his company is the only builders that are doing bad work. He stated that there is a misinterpretation someplace. Councilman Bevel duly made a motion to lift the band from Faith Brothers Construction contingent upon receipt qf a Certification from the qualified enginner within 20 days of this 21st day of January, being seconded by Councilman Severance. Upon roll call vote said motion CARRIED. Councilman Clinton NO. RESOLUTION NONE ORDINANCES ORDINANCE NO: 868 AN ORDINANCE AMENDING THE CODE OF ORDINANCE BY ADDING A SECTION ENTITLED "CIVIL DEFENSEII \~HICH PROVIDES FOR THE OFFICE OF CIVIL DEFENSE COORDINATOR, PROVIDES FOR DEFINITION -4- o o 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 ftND A SECONDARY EMERGENCY OPERATING CENTER: PROVIDES GENERAL RULES AND ADMINISTRA- TIVE REGULATION: PROVIDES FOR REPEAL OF ORDINANCE AND PARTS OF ORDINANCES IN CONFLICT: PROVIDES AN EFFECTIVE DATE. The above Ordinance was read in full by the City Attorney Joseph E. v} e a v e r . Councilman Lodico duly made a motion to adopt said Ordinance being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. OLD BUSINESS Mayor Dimm stated that we had bids to remodel the old Fire Station for the Police Department. The Council has not agreed on the amounts that were involved and it has been agreed that we reject the bids. Councilman Bevel duly made a motion to reject the bids of remodeling the old Fire Station for the Police Dept., being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. Mayor Dimm stated that the Council and himself have plans for the Police Dept., but are not ready to say anything about it tonight, next workshop meeting we can come up with some kind of an answer to this. Mayor Dimm asked Councilman Severance to explain what the Recreation Association is asking. Councilman Severance stated that they want t 0 con t act the S c h 00 1 Boa r d, h e s aid t hat Mr. \./ e a v e r i n for mal 1 y contacted them in regard to the school rroperty, where the Ball Field is. Councilman Severance stated that they want to contact the School Board and ask them for a land use program for the Recreation Area so we will know where the City stands on whether we should go ahead and expend some more funds out there to make some additional improvements. We don't want to spend any money out there if in two years their going to come along and rip it all out. Councilman Severance duly made a motion to contact the School Board and request a land use program, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. Mayor Dimm stated that a few years ago they went to the County askin9 for the same thing that they are asking for .no"" and there i s ale t t e r s 0 m e \'.J her e, \'/ her e the y 1 e t u s h a vet h e use 0 f t hat 1 and until such time as they were ready to add to the school which could be many years. Councilman Bevel stated that we1re askin9 them to say when they are QoinQ to build onto that school, when and where and how much property are they going to use. Mayor Dimm stated that we need a motion to pursue a lease agreement \-lith New Smyrna Beach on a shell pit. City Attorney Weaver stated that it will be used for a recreational area in the end possible but first thing is to get shell and then go on and later use it for a land fill. Councilman Lodico duly made a motion to pursue a lease agreement with NSB on this shell pit being seconded by Councilman Severance. Upon roll call vote said motion CARRIED. -5- o o Councilman Bevel stated that he wanted the people to know that the shell pit belongs to New Smyrna Beach, but it is in Edgewater, and Edgewater is asking to lease it from them so that we can get shell. This shell pit also already has a fence around it. NO! BUSINESS Councilman Bevel stated that Mr. Pete Ream has requested that he be allowed to step down as superintendent of the Water Dept. or he will resian. He stated that he has talked to Pete and to Mr. Alan Thomas who is also working for the Water Dept. The two of them are going to change around. Mr. Bevel stated that he would like to have the Council direct the City Attorney to draw up appropriate resolution as soon as he talks to the two men and get the salary settled. Mr. Bevel spoke to both men and they are agreeable to the change. Councilman Bevel also stated that Mr. Ream is paid by ordinance and that he will have to be released by Ordinance, and then paid by the hourly basis. Mr. Thomas will have to be hired by Ordinance. This will be brought up at the next workshop meeting. Councilman Bevel asked the Council to think about a truck for the Water Dept. to be brought up at the next Workshop Meeting. He also wants Mr. Thomas to be asked to come to the Workshop Meeting to explain why they differ with Briley, Wilds extimate of water pressure on the weekdays. Many nights he had to sit watching the tanks hopinq that they wouldn't go dry. Mayor Dimm instructed the City Clerk to made a note to have Mr. Thomas at the next Workshop Meeting. Mayor Dimm stated that since we are not going to move the Police Dept. to the old Fire Station, that these two rooms will be vacant. He stated that he was talking to the library and they said that they need some place to store some of their things. The Boy Scouts, Fire Dept. and the Police Dept. have stuff that they want to store away, he said that this would be a good place to store these things. The room next to it, he would like to use for the Civil Defense Headquarters, and also for the Chamber of Commerce. Councilman Lodico duly made a motion to use one of the rooms for storage and one for the Civil Defense and Chamber of Commerce, being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. The City Attorney Weaver stated that it would be wise to charge $1.00 a year to the Chamber of Commerce for using the building. He also asked if we should put in the lease agreement a specific length of time. Mayor Dimm said until the City finds some further need for the building with a notice of 90 days. Mayor Dimm stated that the other day he talked to Mr. Gilbert about getting water lines down to Carters Trailer Park, he asked if there was anything new that he could tell them. City Attorney Weaver stated that he has talked to Mike Caldwell concerning the water and sewer lines and that they are working on it. Councilman Clinton stated that the Council just gave away our old Fire Dept., so he said that he \'1ould like to have the Chief of Police go along with him to talk to some people about the building they have on the highway. He also asked Mr. Bevel to go and they will price it and look at it in regards for the Police Department. -6- o o Mayor Dimm stated that he app~oved of this and that it was one of his campaignes to get the Police Dept. and the Fire Dept. on highway #1. Councilman Severance stated that he would like to see the Police Dept. on the same lot as the Fire Dept. He stated that he wants to have some pride and respect in the Police building. Councilman Bevel asked do we have the money to move the Police Dept. to this building or even build a new building. Police Chief Katez stated that he thought that it would be more practical to buy an existin9 building then to build a new one. He stated that he would like to go and point out the prospects of this building. Chief Katez stated that tIe would get in touch with the owners. ~ Councilman Clinton stated that the Edgewater emblem looks like a Foremost Dairy sign and that we should change it. He suggested that maybe some kind of contest at school to change it. He a~so suggested that we change the motto too, something to do with Hawks Park. Councilman Bevel suggested that we contact the Library and ask Mrs.Ihnken to run a quick research for us and see if she can pick up a book on Hawks Park. The Mayor suggested that Councilman Clinton ask Mrs. Ihnken to look this up for the Council. Mayor Dimm stated that he did not know quite how to approactl the next subject. It seems like our Building Inspector is not following the code book or for some reason or another he has his own certain way of doing things, and it has become a sore spot for the entire Council. He stated that what the Council would like to do is to apply for a new Building Inspector. Mr. LaBonde has stated that before the Council does anything, would they please let him tell his side of the Story. Mayor Dimm stated that he has not yet heard Mr. LaBonde's side of the story. He said the Council fired him once before. At that time Mayor Dimm said that he tried his best to keep him on as a consultant. Then the Council changed hands and the City has brought this up again, but under different conditions. Councilman Lodico stated that he felt that the Council should talk to Mr. LaBonde first. He also stated that while he was not here, the City had lousey service from the County at that time. He said that we should have a special meeting to talk with Mr. LaBonde. Councilman Bevel stated that whether we change the Building Inspector or not, he would like to change the contract that we have. He would like to see the City Inspector become a Department of the City. The City have control of it, being salary employed. Councilman Bevel made a suggestion that the Council set up a meeting with Mr. LaBonde this week. Councilman Severance stated that we have let this go this long and that he has a thirty day notice. He suggested that we just have Mr. LaBonde come to the next Workshop Meeting which is the 31st of January, and talk this over with him. Mr. Shambora stated that there was one letter of communication that the Council did not discuss. This letter concerns the roads and street paving. The Zoning and Planning Board made a list of recommendations as to the paving of streets. -7- r o o r .. r ........ Councilman Bevel duly made a motion to table this letter on paving, from the Zoning and Planning Board, until the next regular workshop meeting. -A man in the audience stated that he has a problem with the dogs around his home. He suggested that the Council do some- thing as to how many dogs a person can own. Councilman Severance stated that we get with our Attorney at the next workshop meeting and set up something about the number of dogs a person can own. ~DJOURN 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 1 0 : 30 P. ~1. ~INUTES TAKEN BY: Pam Bryant Sue Glackwell <~ / r'lAYOR /' /:::. - I ?! :;)1 N C I U1Ar~ ~i/Y/~L 1'l'C I LHfl.N _ c~1! A /' ~ p cau N C I Li'iAtJ ATTEST: -~~~ -8-