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06-18-1973 - Regular t! CJ (.) THE CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD JUNE 18, 1973 The Regular Meeting of the City Council of the City of Edgewater, Florida was called to order by Mayor Dana T. Armstrong on Monday, June 18, 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 R. Katez Present Present Present Present Present Present Present Present Present APPROVAL OF MINUTES Councilwoman Crigger duly made a motion to approve the minutes of the Regular Meeting held June 4, 1973 and the motion was seconded by Councilman Severance. Upon roll call vote said motion CARRIED. Councilwoman Crigger duly made a motion to approve the minutes of the Special Meeting held June 12, 1973 and the motion was seconded by Councilman Severance. Upon roll call vote said motion CARRIED. Mayor Armstrong asked for the Councils permission to change the order of business and have the opening of the bids on the Pollution Control Facility Addition now as we have the engineer and two contractors present. The Council concurred with the request. The City Clerk certified and read the bids received for the Pollution Control Facility Addition the bids being as follows: lee Construction Company of Sanford $ Base Bid 98,000.00 P. O. Box 998 $ Alt. Bid 76,000.00 Sanford, Florida tkMahan Construction Co. , Inc. $ Base Bid 84,000.00 P.O Box 967 $ Alt. Bid 64,000.00 Deland, Florida City Clerk read a Certification of funds for the above bids. Councilwoman Crigger duly made a motion to table these bids and turn them over to Briley, Wild and Associates for tabulation and recommenda- tion, being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. Mr. Alan D. Gilbert of Briley, Wild & Associates informed the Council he would review the bids and report back June 19, 1973 with their recommendation. Mayor Armstrong stated if necessary we could recess this meeting or call a Special meeting to award the bids, depending upon the recommendation of the Engineers. o o BILLS AND ACCOUNTS GENERAL GOVERNMENT Florida Power & Light City of Edgewater WW & SS Southern Bell Brittingham Hdwe. City of Edgewater General Fund Joseph E. Weaver Daniel \oJ. Cory Oasis Car vJash Dwights Office Supplies Hughes Supply, Inc. Hall Machine Works Southern Paint and Wallpaper Rees Labpratory Rinker Materials Corp. N.S.B. Edgewater Humane Society Ed ge\'l ate r Mot 0 r s Gasoline Alley Svc. Center Smyrna Auto Parts, Inc. The Hickes Corp. Big M Charlie Cibu N.S.B. Police Dept. Williams Welding Supply Matty.s Transmission Svc. C . E. \.J h a 1 ey Cornelia A. Kinsey 289.91 10.00 13.25 49.67 10. 13 75.00 5.40 1. 75 3.03 12.90 9.30 5.74 10.00 5.00 200.00 66.91 52.37 44.48 14.34 60.00 22.00 57.00 42.74 233.87 126.00 10.74 1,431.53 WATER AND SEWER DEPARTMENTS Florida Power And Light Southern Bell Brittingham Hdwe. Hall Machine Works News Journal Corp. Allied Chlorine & Chemical Multigraphics Atlantic Machine Works Edgewater Mfg. Co. Smyrna Auto Parts, Inc. Conrad Yelvington Dist. Inc. Florida East Coast RR Conrad Yelvington Dist. Inc. All State Pipe Supply II t i 1 i ty Sup ply Co., In c . Hughes Supply, Inc. B & II Sa 1 e s, I n c . 1,024.38 18.56 78.65 105.44 14.70 351 .00 25.78 8.00 3.00 2.30 171.45 2.00 371. 1 0 234.79 46.74 155.48 103.62 2,716.99 Councilman Clinton duly made a motion to pay said bills and accounts reing seconded by Councilman Severance. Upon roll call vote said motion CARRIED. NEW FIRE STATION ACCOUNTS Southern Paint & Wallpaper Co. Ouillian's Concrete Inc. Hughes Supply, Inc. Tom Mitchell Lumber Co. Brown's Air Condo Co. Sears, Roebuck & Co. Summerlin Bros., Inc. Brittingham Hdwe. 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 2 . o o Councilman Bevel duly made a motion to pay said bills and accounts, being seconded by Councilwoamn Crigger. Mayor Armstrong asked the Council what account the Fire Station accounts were to be paid from? Councilman Severance asked the City Attorney if we had received permission to use the Federal Revenue Sharing Funds for this purpose? City Attorney Weaver advised him we had not as of this time passed the appropriating Ordinance authorizing the expenditure of these funds. Councilman Bevel withdrew his motion until such time as the appropriate Ordinances have been passed. Councilman Severance stated that tonight we have a Resolution establishing the priorities on the funds. Mayor Armstrong suggested we table these accounts and have the necessary Ordinance prepared for the same meeting we discuss the bids. Councilman Severance duly made a motion to table the new fire station accounts and have them on the adqenda with the Pollution Control Facility Addition bids being sec~nded by Councilwoman Crigger. Upon roll call vote said motion CARRIED. OFFICERS REPORTS Certification of Posting Clerk's Cash Statement for May, 1973 Gen'l Fund Budget report for May, 1973 Police Department report for May, 1973 Library Report for May, 1973 COMMUNICATIONS The City Clerk read a letter from Mr. John Gross requesting a permit to diq a canal on his property on the North end of Edgewater on the East side of Riverside Drive. Mayor Armstrong stated that some of the Council members have talked with Mr. Gross and feel that there may be some conflict of interest with the pending changes in Ordinance 219. Mr. Gross informed the Council that this permit would have no bearing on Ordinance 219. Attorney Weaver told the Council he had prepared a Pesolution regarding the permit we can disburse with the item later in the meeting. The City Clerk read a letter from the Charter Study Board requesting a joint meeting with the City Council regarding the proposed City Charter changes. Councilman Severance duly made a motion to accept the letter with our appreciation and notify the Chairman the meeting would be July 9, 1973 at 7 P.M., being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. The City Clerk read a letter from the Edgewater Public Library Board requesting new equipment for the Library. Mayor Armstrong stated we have a request for five items in this letter, one of the items we are obligated to, that being the sealing and painting of the West wall, the other items I will pass down to Attorney Weaver and have him explain the Cities position in buying new equipment. Attorney Weaver stated that some time ago he wrote to the County trying to find out what provisions would be made for new equipment placed in the Library after the initial inventory. The reply I received from the County Attorneys assistant refers back to the October 1, 1972 contract, this does not answer my question, it leaves the problem wide open. Mayor Armstrong suggested Attorney Weaver contact the County Attorney in person and resolve this problem. Attorney Weaver said he would be in Deland tomorrow morning and would speak to them at that time and advise the Council of their discussion. The City Clerk read a letter from the Zoning & Planning Board requesting one member be removed and a new one added. Mayor Armstrong stated we have a Resolution covering this request later in the meeting. The City Clerk read a letter from Mr. Ray Si~ms appreciation to the Edgewater Police Department they recovered a camera case belonging to him. we were, grateful he expressed his appreciation, over tb, Chief Katez for his files. expressing his sincere for the effi.cient way Mayor Armstrong said we will turn the letter 3 . o o The City Clerk read her letter of resignation as City Clerk. Mayor Armstrong said he publically wanted to ask her to re-consider. Mrs. Kinsey stated she didn't feel that she could. Councilman Bevel made a motion to accept the resignation with regret if this is her wish, being seconded by Councilman Severance. Upon roll call vote said motion CARRIED. PROCLAMATIONS NONE RESOLUTIONS 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, TOWNSHIP 17S, RANGE 34E, OF VOLUSIA COUNTY FLORIDA, SAID LAND LYING WITHIN THE CORPORATE LIMITS OF THE CITY OF EDGEWATER, FLORIDA AND PROVIDING AN EFFECTIVE DATE THEREFOR. The above Resolution was read in full by City Attorney Joseph Weaver. Councilman Clinton duly made a motion to table this Resolution being seconded by Councilman Bevel. Councilman Bevel stated we have a zoning Ordinance coming up that could possibly be in conflict with this request. Councilman Severance stated that it was the intention of the City Council to go over the amendment to Ordinance 219 at the next workshop meeting. Mayor Armstrong stated that we were confusing the issue, we are talking about two different things. Chapter 253 of the Florida Statutes requires Mr. Gross to obtain a permit from the City of Edgewater prior to applying to the various State agencies for permission to dig the canal. Attorney Weaver said this is the same type permit we issued to ours~lves, Mr. Poland and Mr. Hillenbrand. The Council again agreed to table this to the next workshop session. RESOLUTION NO 469 A RESOLUTION URGING THE VOLUSIA COUNTY COUNCIL TO ESTABLISH AND MAINTAIN A DUMPING AREA IN SOUTHEAST VOLUSIA COUNTY FOR TilE DISPOSAL OF GARBAGE, JUNK AND OTHER REFUSE, AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS RESOLUTION TO THE VOLUSIA COUNTY COUNCIL AND PROVIDING AN EFFECTIVE DATE THEREFOR. The above Resolution was read in full by City Attorney Joseph Weaver. Councilman Severance duly made a motion to adopt said Resolution, being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. RESOLUTION NO 470 A RESOLUTION ALLOCATING FEDERAL REVENUE SHARING FUNDS FOR THE PERIOD BEGINNING JANUARY 1, 1973 THROUGH JUNE 30, 1973 TO THE CATEGORY OF PUBLIC SAFETY, AND FURTHER PROVIDING FOR DISTRIBUTION WITHIN THE CATEGORY OF PUBLIC SAFETY AND PROVIDING AN EFFECTIVE DATE THEREFOR. The above Resolution was read in full by City Attorney Joseph Weaver. Councilman Severance duly made a motion to adopt said Resolution,being seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. RESOLUTION NO 471 A RESOLUTION AMENDING SECTION 1 OF RESOLUTION NUMBER 451 TO-WIT: DELETING THE NAME OF KENNETH MAY AND ADDING THE NAME OF WILLIAM NICHOLS TO THE ZONING AND PLANNING BOARD, 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 Clinton. Upon roll call vote said motion CARRIED. 4 . o o ORDINANCES ORDINANCE NO. 826 AN ORDINANCE TERMINATING LEROY CUTSHAW AS SUPERINTENDENT OF PUBLIC WORKS AND PROVIDING AN EFFECTIVE DATE THEREFOR. The above Ordinance was read in full by City Attorney Joseph Weaver. Councilman Bevel duly made a motion to adopt said Ordinance being seconded by Cpunci1man Severance. 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. 827 ORDINANCE VACATING PROGRESS STREET IN THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA AND PROVIDING AN EFFECTIVE DATE THEREFOR. 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 Severance. Upon roll call vote said motion CARRIED. OLD BUSINESS Mayor Armstrong~reminded the Council of the serious problem we have regarding the instructions to the Chief of Police to enforce Ordinance 611, regarding only City Employees having the right to enter the dump. We have all received numerous calls from Edgewater residents requesting permission to haul their own trash to the dump. We don't have the man power or the vehicles to put extra trash pick ups on. We had discussed putting a truck at the City Barn and allowing residents to deposit their trash there, but that could constitute an insect problem if someone brought something out at the end of the day and it couldn't be deposited at the dump until the next morning. Mayor Armstrong suggested we have the Attorney draw up an Amendment to Ordinance 611 allowing Edgewater residents only to dump at the City Dump. Councilman Severance duly made a motion instructing the City Attorney to draw the necessary Ordinance to amend Ordinance 611 allowing Edgewater residents only to utilize the City Dump and have it ready for the recessed session of this meeting, being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. Councilwoman Crigger duly made a motion authorizing the Mayor and City Clerk to enter into a contract with Sentry Alarm Systems regarding the installation of a burglar alarm monitoring system in the Police Department, being seconded by Councilman Severance. Upon roll call vote said motion CARRIED. NEW BUSINESS Counci1\~oman Crigger made a motion authorizing the City Clerk to place an ad in the paper for the r~p1ac~meht of the City "CTe~k. being seconded"by_Counci1man Clinton. Upon roll call vote said motion CARRIED. Councilman Bevel duly made a motion authorizing the City Clerk to place an ad in the paper for the position of Street Superintendent, being seconded by Councilman Severance. Upon roll call vote said motion CARRIED. 5 . (.; o Councilman Bevel asked if we have any type of nuisance ordinance regarding motorcycles and noise pollution. Chief of Police stated we did have if it constitutes a nuisance, but it is difficult to catch them. Councilman Bevel instructed the Chief of Police to clamp down on this problem. Mrs. Murphy briefly spoke regarding the noise pollution from Maule Industries, she stated they are working 20 hours per day and are really annoying. Councilwoman Crigger said she had two articles from recent papers regarding noise pollution cases being taken to court. Councilman Severance asked Mrs. Murphy if she had called the Police Department regarding her complaint. t1rs. Murphy stated she had and the Officer was most courteous~ but the problem still exists. Councilwoman Crigger duly made a motion that we write to Mr. Gene Hillson of Maule Industries regarding the noise pollution and if we receive no response by the next workshop have the City Attorney take over, being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. MISCELLANEOUS Councilman Clinton asked the City Clerk or Mayor Armstrong to contact Volusia County and have somethinq done with repairing or paving Riverside Drive and Park Avenue. Councilman Bevel asked if we have any jurisdiction on Juniper Tree Drive and Indian River Blvd, the heavy dump trucks going over the corner have made it a real mess. He asked if the Chief of Police or Mayor Armstrong could contact the Department of Transportation and get this repaired, and also contact the truck drivers and have them stop cutting the corner so short. Councilman Clinton asked what we were going to do about getting the Torino Police car repaired. Councilman Severance asked Chief Katez if we had three running now. Chief Katez stated he did have three on the road now. Mayor Armstrong stated that it was the concensus of the City Council to authorize the repair needed. ADJOURN OR RECESS Councilman Severance duly made a motion to recess this meeting until 7: 30 P. M., Thursday, June 21, 1973, bei ng seconded by Counci 1 If/oman Crigger. Upon roll call vote said motion CARRIED. TIME OF ADJOURNMENT 10:00 P.M. MINUTES TAKEN BY Cornelia A. Kinsey City Clerk, Elizabeth J. Crouser, Deputy City Clerk ATTEST: COUN I ~~~ ~ A. KINSEY, CI ERK ~~ /' . ~{h2/ 'C;?' --ec:.? / :r i3~