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11-20-1972 - Regular I I .. r-U ~ , THE CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD NOVEMBER 20, 1972 The Regular Meeting of the City Council of the City of Edgewater, Florida was called to order by Mayor Dana T. Armstrong on Monday, November 20, 1972 at 7:30 P.M. ROLL CALL Mayor Dana T. Armstrong Councilwoman Marian Crigger Councilman Edward K. Clinton Councilman David C. Severance Councilman John G. Bevel City Attorney Joseph E. Weaver City Clerk Cornelia A. Kinsey Deputy Ci ty C1 e:":'. E1 i zabeth J. Crouser Police Chief George R. Katez Sergant Norman H. McCall Present Present Present Present Present Present Present Present Absent Present APPROVAL OF MINUTES Councilman Severance duly made a motion to approve the minutes of the meetina held November 6, 1972, and the motion was seconded by Councilman Bevel. Upon roll call vote, said motion CARRIED. Councilman Severance duly made a motion to approve the minutes of the meeting held November 8, 1972, and the motion was seconded by Councilman Clinton with Councilwoman Crigger voting No. Upon roll call vote,said motion CARRIED. Councilman Severance duly made a motion to approve the minutes of the Recessed meeting of November 8, 1972, and the motion vias seconded by Councilman Clinton with Councilwoman Crigger voting No. Upon roll call vote, said motion CARRIED. 1. '. (J ) GENERAL GOVERNMENT BILLS & ACCOUNTS C i t Y 0 fEd q e VI ate r H \., & S S Southern Bell Florida Power & Liqht Sentinal Star r'~otorola, Inc. Oasis Car '.Jash r'" u r i e 1 I n h ken Enoel's Cornelia f. Kinsey J 0 s e p h t. \./ e a v e r Brittingham Hdwrl. Kirkland Sod Co. Pratts Padiator Service Standard Oi 1 Co. N. S. Commercial Printinq D\1:i g , , t s George Stuart New Smyrna Motors Behrens Tractor Co. J. \.). T r 0 u t n e r Smyrna Auto Parts, Inc. N. S. Police Dept. N. S. Builders Supply Hughes Supply, Inc. Atlantic Machine Works Halls Machine Works ThoP1as r1etals, Inc. \Iatkins Ford ABC Manufacturing ~.le\'ls-Journal Jess r-1athis vI. S. D a r 1 e y ?, Co. 8.60 23.08 251.28 12.45 49.50 3.00 9.20 196.25 10.88 102.50 54.90 3.50 15.00 274-.85 23.52 18.80 13.10 2.82 76.07 16.10 164.01 51 .00 12.43 10.70 35.00 4.81 430.00 28. 17 219.14 11 .34 8.00 36.65 2,176.65 WATER & SEWER DEPARTMENTS Southern Bell City of Edgewater WW & SS Florida Power & Li~ht ~1 0 tor 0 1 a Edgewater Mfg. Co. Hall Machine Works Southern Paint & Wallpaper Brittinqham Hdwe. & Paint N. . S:. Sui 1 ders Supoly Tom Mitchell Lumber Co. Hughes Supply, Inc. All State Pipe Supply 9.73 8.40 234.66 5.00 4.90 10.56 30.60 14.40 .2~4 8 6.60 256.54 247.43 831.30 Councilwoman Crigger duly made a motion to pay said bills and accounts, being seconded by Councilman Severance. Upon roll call vote said motion CARRIED 2. I.. i' u ) OFFICERS REPORT: Certification of Posting (2) General Fund Budget, October, 1972 Clerk's Cash Statement, October, 1972 \.) ate r w 0 r k s & Sewer S y s t em, 0 c t 0 be r 3 1, 1 9 7 2 Police Dept. Report, October, 1972 C 0 r~ ~1 U N I CAT ION S The City Clerk read a letter from the Saltwater Fishing Association, Prosser Watts, President of the Association, and Lloyd Appleby Secretary, told the City Council, our objective is to improve sport fishin9 in this area and to do so we ask you to support us in three proposals: 1. No commercial fishing 2. Bag limit on sport & commercial 3. Repeal of size limits Countywide legislation declaring trout and channel bass to be game fish, fixing a reasonable bag, and possession limits for trout and bass taken in the Intercoastal Waters. Appleby made a survey of 2,500 sport fisherman in the count y and there are only 14 families making their living by commercial fishing. Councilman Severance duly made a motion to table this request for further consideration. Councilman Bevel seconded, Upon roll call vote said motion, CARRIED. City Clerk read a letter from Ralph Miller requesting a Variance for a Mobile Home Park. Councilman Bevel made a motion to refer this request to the Zoning and Planning Board. He also requested the answer to the re~uest be returned to the City Council by February 1, 1973, being seconded by Councilman Severance. Upon roll call vote said motion, CARRIED. City Clerk read a letter from Mayor Richard Kane regarding Volusia League of Municipalities. Councilman Bevel duly made a motion to table until next ~eeting seconded by Councilwoman Crigger. Upon roll call vote said motion, CARRIED City Clerk read a letter from the Edgewater Public Library regarding their Children Christmas Party. Councilman Seve~ance duly made a motion that the expenditure be the same as last year, which was $25.00 seconded by Councilwoman Crigger. Councilman Bevel asked if this would be enough to cover the increase in prices. Councilman Severance stated we should take this into consideration. Councilman Severance made a motion to amend the above motion to read a minimum of $25.00 not to exceed $50.00, being duly seconded by Councilman Bevel. Upon rC'll call vote said motion, CARRIED City Clerk read the resignation of Mrs. Pat Maves from the Edgewater Library Board. Councilman Bevel duly made a motion to accept this v/ith deep regret, seconded by Councilman Severance. Upon roll call vote said motion, CARRIED. The City Clerk read a letter from the Edgewater Volunteer Fire Department. Mayor Armstrong stated there was resolution following concuring with their election PROCLAt-1ATIONS NONE 3. - rU ~ ~ RESOLUTIONS RESOLUTION NO 447 A RESOLUTION APPROVING THE APPOINTMENTS OF THE EDGEWATER VOLUNTEER FIPE DEPARTMENT, INC. AND NAMING AND DESIGNATING OFFICERS OF SAID EDGEWATER VOLUNTEER FIRE DEPARTMENT, INC., PROVIDING THEY SHALL RECEIVE NO SALARY, PROVIDING THEY SHALL EACH SERVE FOR ONE YEAR, AND PROVIDING AN EFFECTIVE DATE THEREFOR. The above Resolution was read in full by City Attorney Joseph Heaver. Councilwoman Crigger duly made a motion to adopt said Resolution, being seconded by Councilman Clinton. Upon roll call vote said motion, CARRIED, Mayor Armstrong asked Paul Walls Fire Chief if this will effect the Building Committee. Paul Walls said in no way, it will remain the same. RESOLUTION NO. 448 A RESOLUTION GRANTING ROBERT POLAND OF 207 VIRGINIA STREET, EDGEWATER, FLORIDA A PERMIT TO SEAWALL AND FILL SUBMERGED AND SEMI SURMERGED LAND LYI~G EASTERLY OF LOT 4, LOHD'S SUBDIVISION OF LOT 2, SECTION 2, TOWNSHIP 18, SOUTH, RANGE :14 EAST AS RECORDED IN MAP BOOK 3, PAGE 81, OF THE PUBLIC RECORDS 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. Attorney Weaver also read into the record the following letter from Mr. Robert A. Routa, Chief Survey and Management, State of Florida, Department of Natural Resources, Dated r~ a y 3, 1 9 7 2 . Dear Mayor Armstrong: Biological Survey, City of Edgewater, Property of Robert P. and Gail Poland, Volusia County Our marine biologist, Gerald Herting, has inspected the subject area and reports as follows: "The applicant proposes to fill an area approximately 125 feet wide that extends approximately 150 feet waterward of the existing shoreline. Bottoms within 40 feet of shore consist of silty sand and shell; the remaining bottoms in the sub- ject area consist of silty sand and are vegetated by Cuban shoalweed. Brittle stars and polychaetes were found in the silty sand bottoms. "Bottoms vegetated by Cuban sl10alweed serve as feeding and nursery grounds for numerous marine species. The subject area abounds in marin~ life. Seining in the area yielded snook, sheepshead, spot, croaker, pinfish, mojarra, silver- sides, anchovy, longnose killifish, blue crab, and penaeid shrimp. Dragnet samples 4 . ~ ) yielded shrimp-like crustaceans (~YSIDACEA and C U r~A C E A), g r ass s h rim p, pen a e ids h rim p , blue crab, hermit crab, goby, piprfish, puffer, flounder, and larval fish, Oysters were found attached to rubble on the south side of the subject area; also, scattered oyster clumps were found on shallow bottoms in the subject area. Barnacles, mussels, xanthid crabs, and isopods were found on oyster clumps. liTo best conserve marine biological resources, these ~roductive submerged bottoms should not be filled." The shoreline in the vicinity of this project has been modi- fied in several places. These fills have created pockets which collect floating debris and tend to reduce near shore water circulation. From the point of view of hydraulics, it would be more desirable to remove the small finger fills such as occur on the south side of the prope~ty in question rather than to fill out the end of the finger. Each fill, such as the one proposed, reduces the surface area of the Indian River and thereby reduces the tidal pris~ thus having an adverse effect on the tidal flushing of this area. Although this fill is fairly small, the effects on the tidal prism of such fills are cumulative and this should be con- sidered when evaluating this project. ^ hydrographic survey for this single project would not reflect the cumulative effects of such fi:ls and is not required. Sincerely, Robert A. Routa, Chief Survey and Management Councilman Severance duly made a motion to adopt said Resolution, being seconded by Councilman Clinton. Upon roll call vote said motion, CARRIED RESOLUTION NO. 449 A RESOLUTION DECLARING MARIAN CRIGGER TO BE VICE MAYOR AND DAVID C. SEVERANCE TO BE ACTING MAYOR OF THE CITY OF EDGEWATER, FLORIDA, AFTER ELECTION THEREFOR. PROVIDING SAID VICE~MAYOR AND ACTING MAYOR SHALL SERVE FOR A TERM OF ONE YEAR, AND PROVIDING AN EFFECTIVE DATE THEREFOR. The above Resolution being read in full by City Attorney Joseph Heaver. Councilman Clinton duly made a motion to adopt said Resolution, being seconded by Councilman Bevel. Upon roll call vote said motion, CARRIED. ORDINANCES ORDINANCE NO. 790: AN ORDINANCE AUTHORIZING AND DIRECTING THE EXPENDITURE OF AN AMOUNT GREATER THAN FIVE HUNDRED ($500.00) DOLLARS FOR THE PURCHASE OF A MOVING RADAR SYSTEM FROM KUSTOM SIGNALS, INC. AND PROVIDING AN EFFECTIVE DATE THEREFOR. 5 . ~ ~ ) The above Ordinance was read in full by City Attorney Joseph E. Weaver. Councilman Severance duly made a motion to adopt the Ordinance, being seconded by Councilman Clinton. Upon roll call vote for adoption of this Ordinance, snid motion CARRIED with Mayor Dana T. Armstrong voting No. A motion waiving the second reading of the Ordinance was duly made by Councilman Severance and seconded by Councilman Bevel. Upon roll call vote, said motion'CARRIED with Mayor Armstrong voting No. ORDINANCE NO. 791: AN ORDINANCE DECLARING A BONUS OF TWENTY DOLLARS TO BE PAID TO EACH PRESENTLY EMPLOYED FULL TItlE EMPLOYEE OF THE CITY OF EDGEWATER, FLORIDA AND TO TWO PART TIME EMPLOYEES: AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE SAID BONUS CHECKS AND PROVIDI~G AN EFFECTIVE DATE THEREFOR. The above Ordinance was read in full by City Attorney Joseph E. Weaver. Councilwoman Crigger duly made a motion to adopt the Ordinance, being seconded h.y Councilman Severance. Upon roll call vote said motion, CARRIED. A motion waiving the second reading of the Ordinance was duly made by Councilman Severance and seconded by Councilwoman Crigger. Upon roll call vote said motion, CARRIED. ORDINANCE NO. 792: AN ORDINANCE TERMINATI~G R. DAVID STACKHOUSE AS REGULAR PATROLMAN AND PROVIDING AN EFFECTIVE DATE THEREFOR. The above Ordinance was read in full by City Attorney Joseph E. Weaver. Councilman Severance duly made a motion to adopt the Ordinance, being seconded by Councilwoman Crigger. Upon roll call vote for adoption said motion CARRIED. A motion waiving the second reading of the Ordinance was duly made by Councilman Severance and seconded by Councilwoman Crigger. Upon roll call vote said motion, CARRIED. ORDINANCE NO: 793: AN ORDINANCE TERMINATING DANA T. ARMSTRONG AS MUNICIPAL JUDGE AND PROVIDING AN EFFECTIVE DATE THEREFOR. The above Ordinance was read in full by City Attorney Joseph E. Weaver. Councilman Bevel duly made a motion to adopt this Ordinance, being seconded by Councilman Severance. Upon roll call vote said motion, CARRIED. A Motion waiving the second reading of the Ordinance was duly made by Councilman Severance and seconded by Councilman Clinton. Upon roll call vote said motion, CARRIED. ORDINANCE NO. AN ORDINANCE VACATING PorTIONS OF THE FOLLOWING AVENUES: RAILROADS AVENUE BEGINNING AT THE SOUTH LINE OF LOT 35 L NORTH TO THE NORTH LINE OF LOT 357, AND FLAGLER 6 . .,. U "-./ ~~ AVENUE BEGINNING AT THE NORT~I SIDE OF THE FLORIDA EAST COAST RAILROAD RIGHT OF WA.Y NORTH TO THE NORTH LINE OF LOT 35Z, BOTH LYING IN ASSESSOR'S SUBDIVISION OF G. ALVAREZ GRANT IN SECTION 52, TOWNSHIP 17 SOUTH, RANGE 34 EAST AS RECORDED IN MAP SOOK 3 PAGE 137, PUBLIC RECORDS OF VOLUSIA COUNTY, FLORIDA. The above Ordinance was read in full by City Attorney Joseph E. Weaver. Mayor Dana T. Armstrong recommended no action be taken on this Ordinance until such a time as a Committee of 2 can check this out. Mayor Armstrong appointed Councilman Severance and Councilman Clinton as this committee to report to the City Council at the meeting of December 4, 1972 before any action be taken. Councilwoman Cri9ger duly made a motion to have the committee of two research this and report back to the City Council at the December 4, 1972 meeting, being seconded by Councilman Bevel. Upon roll call vote said motion, CARRIED. ORDINANCE NO 794 AN ORDINANCE SETTING TIMES AND PLACES FOR INFORMAL WCRKSHOP MEETINGS OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING THAT ALL MEETINGS SHALL BE OPEN AT ALL TIMES TO THE PUBLIC; PROVIDING THAT PARTICIPATION, IF ANY, BY THE PUBLIC AT ANY INFORNAL MEETING MAY BE LIMITED BY THE CITY COUNCIL, PROVIDING NO FORMAL ACTION SHALL BE TAKEN BY THE CITY COUNCIL AT AN INFORMAL WORKSHOP MEETING; REPEALING ALL ORDIN,~.~~CES IN CONFLICT HEREHITH, AND PROVIDING AN EFFECTIVE DATE THEREFOR. The above Ordinance was read in full by City Attorney Joseph E. ~1 e a v e r . Councilwoman Crigger duly made a motion to adopt the Ordinance being seconded by Councilman C1inton.upon ~011 call vote said motion CARRIED. A mction waiving the second reading of the Ordinance was duly made by Councilwoman Crigger and seconded by Councilman Bevel. Upon roll call vote said motion CARRIED. OLD BUSINESS Mayor Armstrong stated a few month ago a deed for a 40' Mary Street right of way from Wesley Rend has been recorded with an error in the legal description. Councilwoman Crigger duly made a motion to accept and have the corrected deed recorded, being seconded by Councilman Clinton. Upon roll call vote said motion CARRIED. 7. .t. . . .. (...) .1') NEW BUSINESS Mayor Armstrong asked City Attorney Weaver what he had to report after the meeting with Mr. Alan Gilbert of Briley l~ild Consulting Engineers in reference to the new engineering Contract. City Attorney Weaver stated Mr.Gilbert provided him with contracts from other Cities and firms and it would appear the rates are quite in line with other engineering firms. This contract seems to be a standard type within their type of work. City Attorney Weaver stated a letter had been written to the City referring to work under way at present and it would be necessary to make this letter a part of the contract. Councilman Bevel asked if there was any pressing need to sign the contract now. Mayor Armstrong stated he did not know. Mayor Armstrong asked City Attorney Weaver what he recommended. City Attorney Weaver stated that based on data, contracts and research this seems to b e a s tan d a r d con t r act II I Ids a y ago 0 d con t r act II . t-, a y 0 r Arm s t r 0 n g recommended the Council authorize the Mayor and City Clerk to sign the contract subject to the rider letter. Councilman Bevel ~ade a motion this be tabled until the next regular workshop meeting. Being seconded by Councilman Clinton. Upon roll call vote said motion, CARRIED. Councilwoman Crigger duly made a motion authorizing the City Attorney to pursue the ownership of the City Barn property until settled, being seconded by Councilman Bevel. Upon roll call said motion, CARRIED. Councilman Severance stated we need a permanent record of the workshop meetings. Councilman Bevel asked if anyone had any ideas as to how this should be done, he asked the City Clerk. She stated her oresent staff could not handle this additional work. Another girl and a tape recorded or dictophone may be the answer. Councilman Bevel suggested we use a tape recorder and hire a part time girl _0 type them up. Councilman Severance duly meetings taped and hire a but to also help the City by Councilwoman Crigger. made a motion to have the workshop part time help not solely for minutes Clerk and her staff. Being seconded Upon roll call vote said motion CARRIED. 8. .. . ~ o ~ Councilman Severance duly made a motion authorizing the City Clerk to research the tape player situation and find a capable girl to tyre the records. Being seconded by Councilman Bevel. Upon roll call vote said motion. CARRIED r" I S C ELL A N E 0 U S Mayor Armstrong said the City of Edgewater takes pride in accepting the Honor Awards for safety from the Florida Pollution Control Assocation and the American Water Assocation. Mr. Ream had received these awards at a recent Convention in Daytona Beach. ADJOURN OR RECESS: Th~re being no further business. Councilwoman Crigger duly made a motion to adjourn, being seconded by Councilman Bevel. Upon roll call vote said motion, CARRIED. TIME OF ADJOURNMENT: 9:40 P.M. MINUTES TAKEN BY: Elizabeth J. Crouser and Cornelia A. Kinsey ....----.. rs ATTEST: ~ c:?~ Cornelia A. Kinsey, City erk 9.