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06-21-1973 - Recessed/Regular ~ o o THE CITY COUNCIL OF THE CITY OF EDGEWATER RECESSED MEETING HELD JUNE 22, 1973 The Recessed meeting of the City Council of the City of Edgewater, Florida was called to order by Mayor Dana T. Armstrong on Thursday, June 21, 1973 at 7:30 P.M. ROLL CALL Mayor Dana T. Armstrong Councilwoman Marian Crigger Councilman Edward Clinton Councilman David C. Severance Councilman John G. Bevel City Attorney Joseph Weaver City Clerk Cornelia A. Kinsey Deputy City Clerk Elizabeth J. Crouser Police Chief George Katez Present Present Present Present Present Present Present Absent Absent APPROVAL OF MINUTES NONE BILLS & ACCOUNTS (SEE OLD BUSINESS) OFFICERS REPORTS NONE COMMUNICATIONS Mayor Armstrong stated we had received a letter from Mr. John Blanken regarding the blocking of the canal when the John Gross canal is dug. PROCLAMATIONS NONE RESOLUTIONS RESOLUTION NO. 472 A RESOLUTION GRANTING JOHN C. GROSS, P.O. BOX 596, NEW SMYRNA BEACH, FLORIDA, A PERMIT FOR THE CONSTRUCTION OF A CANAL ON PROPERTY LOCATED IN SECTION 49, TOWNSflIP 17 SOUTH, RANGE 34 EAST, OF VOLUSIA COUNTY, FLORIDA. SAID LAND LYING WITHIN THE CORPORATE LIMITS OF TflE CITY OF EDGEWATER, FLORIDA, AND PROVIDING AN EFFECTIVE DATE THEREFOR. The above Resolution was read in full by City Attorney Joseph Weaver. Councilwoman Crigger duly made a motion to adopt said Resolution, being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. Councilman Bevel asked if Mr. Gross creates a nuisance lot, is that his problem? Mayor Armstrong stated it was Mr. Gross's problem definitely. Mr. Gross also explained to the Council that any lots not in compliance I with Zoning Ordinance 219 are his problem. o o Mayor Armstrong asked Mr. Gross if his canal project would in any way affect Mr. Blankens right to enter the Waterway? Mr. Gross said it would have no bearing on that channel going to the Waterway and we had his word that he ~ould see to it that it remained open for Mr. Blanken and the others that use that channel. Councilman Severance advised Mr. Gross that he did not appreciate the way he talked to him at the Monday night Council meeting referring to suing the Council if the City did not pass the Resolution granting the permit. Mr. Gross apologized and stated it was a misunderstanding. Councilman Bevel asked Mr. Blanken if he was satisfied with Mr. Gross's statement? Mr. Blanken said he was. Mr. Gross said don't worry about closing that channel, the ecology people would be on my back so quick to keep it open, I'll again give you my word it will not be closed up. Upon roll call vote said motion CARRIED. ORDINANCES ORDINANCE NO 828 AN ORDINANCE AMENDING THE FOLLOWING SECTIONS OF ORDINANCE NUMBER 219 TO REFLECT THE PROPOSALS OF THE ZONING AND PLANNING BOARD OF THE CITY OF EDGEWATER, FLORIDA AND ADDING THE FOLLOWING SECTIONS: SUB-PARAGRAPHS (g) AND (v) OF SECTION 1, SUB-PARAGRAPHS (01) OF SECTION 2, SECTION 4, SUB-PARAGRAPH (4) OF PARAGRAPH (a) OF SECTION 7, SUB-PARAGRAPHS (3) AND (5) OF PARAGRAPH (c) OF SECTION 7, SUB- PARAGRAPHS (3), (4) AND (5) OF PARAGRAPH (d) OF SECTION 7, SUB-PARAGRAPH (2) OF PARAGRAPH (e) OF SECTION 7, SUB-PARAGRAPH (1) OF PARAGR~PH (b) OF SECTION 7, SUB-PARAGRAPH (b) OF SECTION 8, PARAGRAPH (a) OF SECTION 10, AND ADDING SUB-PARAGRAPH (gg) TO SECTION 1 AND SUB-PARAGRAPHS 2,3,4 AND 5 TO PARAGRAPH (b) OF SECTION 7 AND PROVIDING AN EFFECTIVE DATE THEREFORE. The above Ordinance was read in full by City Attorney Joseph Weaver. Councilman Severance duly made a motion to adopt said Ordinance being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. rlayor Armstrong said he hoped that everyone remembered these things as they have been gone over and checked out four or five times. Councilman Bevel said he wanted Section 10 clarified about deleting the building permit fee. Mayor Armstrong stated this is up to the Building Official, we have adopted the Southern Standard Building Code and it has a provision in there that the Building Official has the right to determine a fair price, if someone feels they are unjustly treated they have a right to appeal to the City Council for consideration and review. Mr. Gross asked the City Attorney to clarify the Section on North Riverside Drive changes, Attorney Weaver explained the forty foot set back on all front streets and percentage set back on all side set back. Mayor Armstrong informed Mr. Gross that the Council along with several people and Boards involved have come up with a very workable Amendment. I think this is a considerable improvement over the existing Zoning. Upon roll call vote said motion CARRIED. Mayor Armstrong informed the Council that there would be a second reading of this Ordinance at the July 2, 1973 meeting. ORDINANCE NO 829 AN ORDINANCE AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXPEND FEDERAL REVENUE SHARING FUNDS IN THE AMOUNT OF EIGHT THOUSAND ($8,000.00) DOLLARS FOR FIRE STATION CAPITAL EXPENDITURES AND TEN THOUSAND NINE HUNDRED EIGHTY ($10,980.00) DOLLARS FOR THE POLICE DEPARTMENT OPERATION AND MAINTENANCE EXPENDITURES IN THE CITY OF EDGEWATER, FLORIDA, SAID FUNDS HAVING BEEN PREVIOUSLY ALLOCATED INTO THESE CATEGORIES SET FORTH ABOVE IN THE EDGEWATER REVENUE SHARING FUND ACCOUNT, AND PROVIDING AN EFFECTIVE DATE THEREFOR. The above Ordinance was read in full by City Attorney Joseph Weaver. 2 . ! J I I / / o o Mayor Armstrong said before this Ordinance was introduced to the Council he had a question for the Attorney. In this Ordinance we said we had received $18,980.00 and we won't actually receive the remaining $9,000.00 until sometime after June 30, .1973, Attorney Weaver stated we had to pass the Ordinance this way as we had a report to fill out by June 20, 1973, based on anticipated figures. Mayor Armstrong stated what we have to keep in mind is not to spend the full appropriation until we actually receive it. Attorney Weaver stated this is merely the authorization to expend what we plan to receive. Councilman Bevel duly made a motion to adopt said Ordinance being seconded by Councilwoman Crigger. Upon roll call vote said motion CARRIED. Councilman Severance duly made a motion to waive the second reading being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. ORDINANCE NO. 830 AN ORDINANCE PROVIDING FOR THE DISPOSAL OF TRASH ONLY, BY THE CITIZENS OF THE CITY OF EDGEWATER AT THE EDGEWATER CITY DUMP AND FURTHER AMENDING ANY CONTRARY PROVISIONS IN ORDINANCE NUMBER 611, AND PROVIDING AN EFFECTIVE DATE THEREFORE. The above Ordinance was read in full by City Attorney Joseph Weaver. Councilwoman Crigger duly made a motion to adopt said Ordinance being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. Councilwoman Crigger duly made a motion to waive the second reading being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. Councilman Severance asked if it would be necessary to have some sort of proof of residency. Attorney Weaver stated in time ~/e may have to come up with a sticker or 10 card of some kind. Mayor Armstrong stated he hoped the Police Department would cooperate with us and really check out the residency of the people at the dump. OLD BUSINESS Mayor Armstrong reminded the Council that they had tabled the bids on the Pollution Control Facility Addition. Briley, Wild & Associates have recommended that the bids received on the Pollution Control Facility Addition be tabled subject to E.P.A. approval of an additional grant. Mr. Gilbert advised by telephone on June 20, 1973 that there is no need to re-advertise as the results would be the same. Mr. Gilbert stated he had contacted the E.P.A. by phone, and they sounded very favorable, as a couple of cities have returned their funds. Mayor Armstrong said we have written the request to E.P.A. in Tallahassee and hope to have an answer by the first of the week. Councilman Bevel duly made a motion to table these bids subject to hearing from E.P.A. and Mr. Gilbert of Briley, Wild & Associates, being seconded by Councilman Severance. Upon roll call vote said motion CARRIED. Mayor Armstrong announced that Mr. Gene Hillson from Maule Industries was here regarding the complaint we received Monday night from Mrs. James Murphy regarding the noise from Maule Industries. Mr. Hillson spoke briefly on the $12,000.00 worth of work that has already been completed to try and sound proof the plant, a recently conducted study showed that the sound had been reduced by 50% by the enclosing of certain areas. Mr. Hillson also said he has gone around the neigborhood and asked different ones about the noise, and Mrs. Murphy seems to be the only person being bothered. Councilwoman Crigger said she would have to disagree with Mr. Hillson as she can hear it in her closed up home with the central air conditioning running. Mr. Hillson said he hoped that the balance of the work would be completed within 60 days, and at such time he will present the results of the study to the City Council for their review. Councilman Severance stated that it appears that r~r. Hillson has done a lot of work and spent quite a bit of money to correct this problem. Councilwoman Crigger said she thought Mr. Hillson 3 . o Q was going to report to the Council on the progress of the project. Mayor Armstrong stated he had contacted him a number of times. Councilman Clinton stated he had stopped by his house with reports from time to time. Mr. Hillson asked if the Council would like to appoint a Committee to go over this work and keep reports coming back to the Council, he would be most happy to work with them. Mayor Armstrong stated he did't think this would be necessary, the purpose of having Mr. Hillson here tonight was that last Monday night we heard one side of the story and tonight we are trying to get the other side. I believe we will lick the problem in time. Councilman Bevel stated that all he was interested in was the end result and hoped it would happen soon. Mr. Hillson asked that if the Council receives any more complaints, please find out who and where these people are, I have to have this information to find out what direction the sound valley is in order to correct the problem. Mayor Armstrong thanked Mr. Hillson for coming over and going over the problem with the Council. BILLS & ACCOUNTS NEW FIRE STATION ACCOUNTS Southern Paint & Wallpaper Co. Quillian's Concrete Inc. Hughes Supply, Inc. Tom Mitchell ~umber Co. Brown's Air.Cond. Co. Sears, Roebuck & Co. Summerlin Bros., Inc. Brittingham Hdwe, & Paint New Smyrna Builders Supply Co. 46.78 992.00 113.07 757.17 200.00 76.50 155.88 87.50 637.56 3,066.46 Councilman Severnace duly made a motion to pay said bills and accounts from the recently appropriated Federal Revenue Sharing Funds, being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. Councilwoman Crigger duly made a motion authorizing the City Clerk to officially notify the Fire Department in writing that there will be no more bills paid after the date of the notice, being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. Councilman Clinton asked if we could reimburse Officer Rickleman for the out of pocket expense of $8.00 for a part for the Police Car, which Officer Rickelman installed himself. Mayor Armstrong stated he had pleaded with all of the Council the other night to cease this spending, especially in the Police Department. We have got to tighten up the spending or there is really going to be a problem. Councilman Clinton duly made a motion to pay Officer Rickelman the $8.00, but advise the entire Police Department not to do that type of thing again, being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. Councilman Clinton asked if anyone had contacted the County regarding paving or patching Riverside Drive & Park Avenue. Mayor Armstrong advised him he had contacted them and they said they would check and see what they could do. NEW BUSINESS None MISCELLANEOUS NONE TIME OF ADJOURNMENT MINUTES TAKEN BY 9:00 P.M. CORNELIA A. KINSEY, CITY CLERK 4 . . . o ATTEST: ~~ CORNELIA A. KINSEY, CITY ERK o ~~/f ~~ COUNCIU1AN Q~c ~Ucl~0- COUNC I U~AN ~ fi A~ CUCILI~A}II I Y?;U' ~ ~-