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05-04-1964 - Regular . v u (,J REGUIAR MEETING OF THE CITY COONCIL OF THE CITY OF EDGEWA'mR, FLORIDA HELD MAY 4TH, 1964 The Regular Meeting of the City Council of the City of Edgewater, Florida held May 4th, 1964 was called to Order by Mayor Dana T. Armstrong at 7 :30 P. M. ROu.. CAIJ.. Mayor Dana T. Armstrong Councilman Carl A. Siller Councilman Earl L. Tingle Councilman vlilliam H. Cairnie Councilman B. R. Ridgdill City Attorney Jefferson W. Clark City Clerk Helen W. Jones Deputy City Clerk Marie Robinson Deputy City Clerk Elsie L. Ward Police Chief Jack H~yman Fire Chief Paul Ream The Invocation was given by Rev. Harvey Hardin. Present Present Present Present Present Present Present Present Present Present Present II U The Minutes of the Regular Meeting of the City Council held April 20th, 1964 and the Minutes of the Special Meeting of the City Council held April 30th, 1964 were presented to each Councilman for his approval. Motion duly made by Councilman Cairnie these minutes stand approved as submitted, seconded by Councilman Ridgdill and by vote CARRIED. The Roll Call vote was unanimous. BILLS & ACCOUNTS News-Journal Corp. Edgar Bros. Concrete Products Edgewater Motors Prentiss Hardware Co. Smith's Rexall Pharmacy, Inc. New Smyrna Builders Supply Co. Lloyd Cox Co. City of New Smyrna Beach, Florida Pitney-Bowes, Inc. Dwight's C. G. Braxmar Co., Inc. DeLuxe Cleaners City of New Smyrna Beach Charley's Welding Shop Florida Awning Co. Bond-Howell Lumber Co. City Auto Supply New Smyrna Beach Police Department Water Department Davis Meter & Supply Co., Inc. New Smyrna Plumbing Supplies, Inc. Prentiss Hardware Cb. All State Pipe Supply Co., Inc. City of New Smyrna Beach, Florida Jones Chemicals, Inc. Hughes Supply, Inc. Glencoe Press Charley's Welding Shop City Auto Supply $131.20 177.48 49.22 83.20 1.23 3.10 4.35 34.90 1.10 2.44 4.74 4.00 506.99 17.00 2.50 33.06 37.13 42.00 103.05 31.20 7.79 18.64 37.83 76.50 65.22 45.00 16.50 .60 . v u u II U Motion duly made by Councilman Siller these bills be paid and be made a part of the minutes, seconded by Councilman Cairnie and by vote CARRIED. The Roll Call vote was unanimous. OFFICERS REPORTS Certification of Posting dated April 21st, 1964 was read. The Building Official's Report for the month of April, 1964, was read. Mayor A~strong expressed his appreciation, on behalf of the whole Council, for the fine reports by the City Clerk and her staff and the Building Official. Mayor Armstrong expressed deepest regrets in behalf of himself and the council on the death of the father of our City Clerk. He also commended the City Clerk on her appearance at this meeting tonight. COMMUNICA TrONS A letter was read from the Board of Governors of the City of Edgewater, Florida requesting the sum of $200 be paid to the Board of Governors for one year, beginning November 1963 and ending November 1964, to help defray additional operating cosia of the Edgewater Community Center. Mayor A~strong recommended the request be granted. Motion duly made 'hy Councilman Ridgdill that $200 be granted to the Board of Governors for operation of the Edgewater Community Center, seconded by Councilman Cairnie. Councilman Tingle suggested that the Council look into this further. Mayor Armstrong stated that a good deal of the extra expense for the Community Center is due to the fact that there is a fireman there at night and also the Youth Center on Saturday Nightcauses some expense. He said he has given this lengthy study and therefore recommends the $200 be granted to the Board of Governors. The Roll Call vote on the above motion was unanimous. ~Edgewater A letter was read from the New Smyrna Beach-- Humane Society requesting a prompt reply as to the City's decision regarding their continued financial contribution to the work of this society. Mayor Armstrong said there is nothing new about this request for payment of money to help the Humane Society. He said it dates back as far as four years ago when he was on the Council. He said he did not know at that time the City was paying a monthly fee to the Humane Society. He said he does remember one donation. He said it is not permissible for the City Council to make donations. We must have an appropriation made in the budget for this. He said that on a pro-rated basis we are paid up through the 15th of March. He said the Humane Society is doing a fine job. He said he has asked for a coP,y of the Audit for the Humane Society and a copy of the Budget for this year but so far has not received it. Councilman Siller said it wouldn't be necessary to classify this as a donation but classify it as a service. He said it is true that there is no appropriation for this but we could go into Emergencies and Contingencies if necessary. He said the County and City of New Smyrna Beach are paying their share. He said he was not too sure what Oak Hill was doing. I' V u u I ' u Councilman Siller said he didn't know of any other city that asks to see the Humane Society records before they make any contribution. Councilman Siller said the City is obligated to do something for the Humane Society. Mr~ Arthur Shafer said that she has called the Humane Slciety about a stray dog and they said they wouldn't pick it up unless it was tied. She said she couldn't tie it up so the Police came and eventually had to shoot it. Motion duly made by Councilman Cairnie we table this matter until we talk with the Humane Society and find out all the particulars about this problem, seconded by Councilman Tingle. There was no roll call. A letter was read from the American Legion, Edgewater Post No. 285 requesting the City of Edgewater furnish a wreath to be placed at the monument on Memorial Day, May 30th. Motion duly made by Councilman Ridgdill the City supply a wreath at the monument on Memorial Day, seconded by Councilman Siller and by vote CARRIED. The Roll Call vote was unanimous. ORDINANCES ORDINANCE NO. 406 REQUIRING CONNECTION WITH THE MUNICIPAL SEWER SYSTEM; PROMULGATING THE RATES TO BE CHARGED THEREFOR; OUTLINING MEANS OF ENFORCING PAYMENT FOR SEVlER SERVICE; PROMULGATING REQUIREMENTS FOR CONNECTION ro THE MUNICIPAL SEWER SYSTEM; SETTING UP MAINTENANCE REQUIREMENTS; PROHIBITING FREE SEWER SERVICE; AND PENALmS FOR VIOIATICN. Councilman Tingle questioned as to whether you would have to hook up to the Sewer "!.i.~es if you owned property abutting the Sewer Lines but your home was 400 feet to the rear. Attorney Clark said he saw nothing different in this Sewer Ordinance then in the Water Ordinance. Attorney Clark said that according to Mr. Groover from Briley, Wild & Associates, it would never be necessary to go more" than 200 feet to hook up to the Sewer Lines. Only in a few rare instances would this happen. Councilman Ridgdill also said he felt more than 200 feet is unreasonable in requiring someone to hook up to the Sewer Lines. Mr. Groover said that service could be closer to someones property by way of easements. Attorney Clark said this Ordinance runs parallel with the Water Ordinance. Councilman Cairnie suggested the Council allow themselves some time to go over this ordinance. Mayor Armstrong said that if there was something wrong with the Ordinance the City could ammend it at a later date. Mr. Stanley A. Seng, Sr. asked if Mr. Tingle was referring to his own property in regards to distance the line must be run, in order to hook up to the Sewer Lines. Mr. Tingle said he wasn't referring to his own property but other property within the City that wo1ild run into this problem. The above ordinance was read in full by Attorney Clark and motion duly made by CouncHman Cairnie this ordinance be adopted, seconded by Councilman Siller and passed by vote of the City Council of the City of Edgewater, Florida at the Regular Meeting of the said Council v o <.) , u II held hMay~ 4th,1964. "'The Roll Call Vote being as: follows: Councilman Siller Councilman Tingle Councilman Cairnie Councilman Ridgdill Mayor Armstrong Yea No Yea Yea Yea Upon motion duly made by Councilman Siller, seconded by Councilman Cairnie the requirement of reading ordinance upon second reading was waived, at the Regular Meeting of the said Council held on the 4th day of May, A.D. 1964 and approved as provided by law. The Roll Call vote being as follows: Councilman Siller Councilman Tingle Councilman Cairnie Councilman Ridgdill Mayor Armstrong Yea No Yea Yea Yea RESOWTIONS RESOLUTION NO. 40 AUTHORIZING A DEPU'IY CI'IY CLERK OF THE CI'IY OF EDGEWATER, FLORIDA, TO EXECUTE SI~ATURE CARDS FOR, AND HAVE ACCESS TO, THE SAFE'IY DEPOSIT BOX OF SAID CITY AS MAINTAINED IN THE BANK OF NEW SMYRNA, NEW SMYRNA BEACH, FLORIDA. The above resolution was read in full by Attorney Clark and motion duly made by Councilman Siller this resolution be adopted, seconded by Councilman Tingle and passed by vote of the City Council of the City of Edgewater, Florida at the Regular Meeting of the said Council held this 4th day of May, A.D. 1964. The Roll Call vote was unanimous~ RESOLUTION NO. 41 NAMING AN ACTING MAYOR IN THE ABSENCE OF THE ElECTED MAYOR, AND AUTHORIZING SAID ACTING MAYOR TO SIGN VOUCHERS, CHECKS, WARRANTS AND OTHER PAPERS OF A SIMILAR NATURE. The above resolution was read in full by Attorney Clark and motion duly made by Councilman Siller this resolution be adopted, seconded by Councilman Ridgdill and passed by vote of the City Council of the City of Edgewater, Florida at the Regular Meeting of the said Council held this 4th day of May, A.D. 1964. The Roll call vote was unanimous with the exception of Councilman Cairnie who apstained. ~ /~ certification, by the City Clerk, Helen W. Jones, was read,stating that the following bids on the Waterworks and Sewer System refunding and improvement Revenue Bonds, Series A ane B were in the City Hall by 7::30 P..- M. on May 4th, 1964. They were as follows: R. S. Dickson & Company American Securities Corp. Housing and Home Finance Agency Upon opening the assumed bids from R. S. Dickson & Company and American Securities Corp. it was found that they were not bids but just requests for information. The Bid from the Housing and Home Finance Agency was at ari. interest rate of 3-7/8% per annum for the entire issue, or for any block~ or combination of blocks, of the bonds advertised. except Series A Bonds In the amount of $369,000 which were exchanged it the rate of 4 3/4% interest. .. v u u J ~ \ RESOWTION NUMBER 42 AWARDING BOND BIDS FOR $1,692,000.00 WATERWORKS AND SE.WER SYSTEM REFUNDING AND IMPROVEMENT REVENUE BONDS OF THE CIn OF EDGEWA TER, FLORIDA. The above resolution was read in full by Kirk Gunby;' . and motion duly made by Councilman Cairnie this resolution be adopted, seconded by Councilman Ridgdill and passed by vote of the City Council of the Ci ty of Edgewater, Florida at the Regular Meeting of the said Council held this 4th day of May, A.D. 1964. The Roll call vote was 'una:nimou..s.. Mr. Gunby asked that Attorney Clark notify Community Facilities Administration about the award of the bid. Two bids were read with reference to the printing of these bonds. The Bid from Northern Bank NOte Company was in the amount of $754. The Bid from Security-Columbian Banknote Company was in the amount of $850. Motion duly made by Councilman Ridgdill we accept the low bid of Northern Bank Note Company in the amount of $754, seconded by Councilman Cairnie and by vote CARRIED. The Roll Call vote was unanimous. Two bids on the interim financing of the Water and Sanitary Sewerage Project were read at an earlier meeting. The First National Bank of New S~a Beach bid 3.55% interest. The Bank of New S~a bid 2.95% interest. Mr. Gunby recommended the lowest bid be accepted. 1-10tion duly made by Councilman Cairnie that upon the recommendation of our fiscal agents we accept the bid of the Bank of New Smyrna, New Smyrna Beach, Florida at the interest rate of 2.95%, seconded by Councilman Siller and by vote CARRIED. The Roll Call vote was unanimous. A letter was read from Briley, Wild & Associates tabulating the bids on the Water Plant Improvements and Sanitary Sewerage Project. The results were as follows: Water Plant Imnrovements Project The Mackle Bros., A Division of the Del tona Corporation $ 19,565.00 Sanitary Sewerage Project Part 1 - Gravity & Pressure Sewers Bumby & Stimpson, Inc. 764,262.50 Part II - Sewage Pumping .: Stations Mechanical & Chemical Equipment Co., Inc. 72,775.00 Part lll- Sewage Treatment Plant Southern Gulf Utilities, Inc. 175,000.00 Total 1,031,602.50 The letter also stated that the Bid of Bumby & Stimpson contained an alternate bid for "Boring and Jacking" the Highway Crossings (Items l2a and l2b - which are attached to the letter). Inasmuch as "Boring and Jacking" will be required, the total amount of the bid on Part 1 has been increased from 756,942.50 to the amount shown in the tabulation above, which is an increase of $7,320.00. . 'I v (",,) (.) v With respect to the bid of Mechanical & Chemical EqUipment Co., Inc. Briley, Wild & Associates said they felt it is not a reasonable bid. This bid was $30,725 less than the Engineer's Estimate and the Contractor has stated by telegram and confirming letter that errors were made in the bid. In view of these conditions, it is their opinion that the quality of the construction, if performed by the Contractor, would be adversely affected. It is their further opinion that the lowest reasonable bid for this portion of the work is that of Hubbard Construction Company in the total amount of $86,267.00. Due to these changes Briley, Wild & Assoc. recommended that the tentative awards of contracts be made as follows : Water Plant Improvements Project The MaCkle Bros., A Division of the Deltona Corporation $ 19,565.00 Sanitary Sewerage Project Part 1 Bumby & Stimpson, Inc. Part 11 Hubbard Construction Co. Part 111 Southern Gulf Utilities, Inc. Total 764,262.50 86,267.00 175.000.00 $1,045,094.50 The tentative award should be made subject to the concurrence of the HotS ing and Home Finance Agency; and, if required, subject to the approval of the U. S. Public Health Service. The telegram from the Mechanical and Chemical Equipment Co., Inc. to the City of Edgewater and a copy to Briley, Wild & Associates was read. It read as follows: Re our bid for Part 11, Sewage Pumping Stations, Sanitary Sewerage Project: Immediately after the bid opening on Thursday we reviewed our calculations used for the above bid. We regret that an arithmetical error was carried forward from the work sheets to the final tabulation on each of the bid items. This error is of such magnitude that performance of the work at the bid prices would work a severe hardship on us. We submitted the bid in good faith and assure you that the error was made without wilful intent." Therefore, we respectfully request that we be permitted to withdraw our bid, and that we be relieved of any liability under the bid and the bid bond. Councilman Ridgdill asked Mr. Groover if he had evidence that they will not go through with the bid. Mr. Groover said he had no evidence but believed this man when he said he could not go through with it. He said the telegram does not state he would not take bid but in front of about seven witnesses he said he would not take the bid. Mr. Clark said the bid definitely seems to be in error compared with the Engineers lowest estimate. He said that Mr. Vaughn from Mechanical & Chemical Equipment Co. has talked to his lawyer and would base his desire of being released from the bid on the three following things: 1. It was an honest error 2. His notification to the City on the error was very timely 3. There has been a precedent in the courts on cases like this. Mr. Clark said it might be better to accept the next best bid with an explanation of why we have done it and also get a written letter from Mr. Vaughn as to why he wants his bid withdrawn. We could then see what the Housing and Home Finance A!5ency says. n Motion duly made by Councilman Siller we accept the adVise of our attorney and accept the second lowest bid of Hubbard Construction Company, seconded by Councilman Cairnie. There was some discussion before the roll call vote. Councilman Ridgdill asked Mr. Groover if he knew of anything like this happening before. ~ ~ u (".J (J II U Mr. Groover said this situation does arise. He said it wouldn't do too much good to hold someone to a bid if they couldn't do the work. The company will do as little as they can get by with. It is better to get rid of a man that has made a mistake like that. Councilman Siller emphasized that this bid was 30% lower then the estimate of our engineers. He said he couldn't see that this could be anything but a mistake. Councilman Tingle asked if the company couldn't forfeit their bond to the Housing and Home Finance Agency. Mr. Groover said that couldn't be done. You couldn't recover the bond unless you award bid to low bidder. Mayor Armstrong said it should be enough for the Housing and Home Finance Agency that this company couldn't comply with the bid. Mr. Groover said he can not recommend what to do. He said the City Council must decide what to do. The Roll call vote on the motion to accept the second lowest bid of Hubbard Consturction Company was unanimous. RESOlliTION NUMBER 43 AUTHORIZING TENTATIVE AWARDS OF CONSTRUCTION CONTRACTS FOR A NEW SANITARY SEWER SYSTEM AND WATER PIANT IMPROVEMENT PROJECT FOR THE CI TY OF EDGEWA TER, FLORIDA. The above resolution was read in full by Attorney Clark and motion duly made by Councilman Siller this resolution be adopted, seconded by Councilman Tingle and passed by vote of the City Council of the City of Edgewater, Florida at the Regular Meeting of the said Council held this 4th day of May, A.D. 1964. The Roll Call vote was unanimous. There being no further business motion duly made by Councilman Tingle we now adjourn, seconded by Councilman Cairnie and there were no objections. -. " taken by Marie Robinson. Time 9:20 P.M. g~---7~~ ~ MAYOR ~~' .,'" ~ V-- /?' / +~>}_<U0 _? ~~I ~~ NGlu:t ~ jf6 Jf:*~~A/Y1~ ~ CO~ _ _ - ~~t/? ;/a COU N Minutes ~d~ 'IT CLEJK