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02-03-1969 - Regular G ,...... ... (.) o REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF EnGEWATER, FLORIDA HELD FEBRUARY 3, 1969 o The regular meeting of the City Council of the City of Edgewater, Florida was called to order by Mayor William H. Cairnie at 7:30 P.M.. February 3.1969. ROLL CALL Mayor William H. Cairnie Councilman Francis H. Norman Councilman DAvid C. Ledbetter Councilman George M. Dimm Councilman Calvin R. Dietz City Attorney Charles A. Hall City Clerk Elsie L. Ward Deputy Clerk Betty E. Martz Police Chief Clyde W. Heath Present Present Present Present Present Present Present Present Present Motion was duly made by Councilman Dietz, second by Councilman Dimm to accept the minutes from the Regular Meeting of January 20, 1969 and a motion by roll call vote CARRIED. BILLS & ACCOUNTS GENERAL GOVERNMENT City of Edgewater-Waterworks & Sewer Sys. $ Florida Power & Light Co. Southern Bell Tel. & Tel. Co. Sentinel Star Co. Artcraft Signs Motorola Communications & Electronics Library Petty Cash Fund Charlie Cibu Typewriter repairs Goodyear Service Stores Gasoline Alley Service Center Volusia Co. Police Chiefs Assoc. Charles A. Hall University Book Service McNaughton Book Service Leona Carden Graham-Jones Paper Co. C & C Tractor, Inc. ,John Dykeman Volusia Col Public Library American Legion Post 285 New Smyrna Beach-Edgewater Humane Society State Tractor & Equipment Co., Inc. Xerox Corp. Dwight's Daytona Fire E~uipment, Inc. George Stuart, Inc. ~1. S. Darley ~I Co. Del Chemical Corp. Edqewater Motors Lester ~Iilliams - 1 - 5.00 724.80 136.01 16.59 10.00 44.50 6.98 5.00 34.56 9.35 50.00 11 5.00 230.69 25.55 15.00 10.90 24.56 55.00 2.84 8.40 100.00 1 . 1 0 40.00 6.12 18.75 41 .07 28.50 335.00 33.35 16.51 $2,151.13 , r () ,- .... <.) WATER & SEWER DEPARTMENT City of Edgewater-Waterworks & Sewer Florida Power & Light Co. Southern Bell Tel. & Tel. Co. Indian River Gas Co. Motor Parts & Machine Co. Jones Chemicals, Inc. Florida Business Machines Co. Motorola Communications & Electronics Del Chemical Corp. Hughes Supply, Inc. Pacific Flush Tank Co. Briley, Wild & Associates Rex Chain Belt Inc. Hughes Supply Inc. o o $ 6.00 82.70 24.03 12.61 19.46 351.00 2.00 5.00 114.46 23.83 38.00 350.00 18.05 87.03 $1,134.17 A Motion was duly made by Councilman Dimm and Second by Councilman Ledbetter to accept the above Bills & Accounts and a motion by roll call vote CARRIED. OFFICERS REPORTS Certification of Posting of January 20, 1969. Library report for January. COM~~UN I CAT ION S A letter from Mr. Robert A. Russell requesting the pO$ibi1ity of connecting the property known as Carters' Motel and Trailer Park to the City water supply and sewer disposal system. A Motion was Duly made by Councilman Dietz and second Councilman Norman to table this request until they are able to meet with Mr. Sullivan and his lawyers. Councilman Dimm: Is the hotel out of the City limits? Mayor Cairnie: Yes. The motion by roll call vote CARRIED. A letter of resignation from Patrolman Lawrence P. Harvey, stating that he would be unable to move to Edgewater by the first of the month because he was unable to find suitable housing for his family. A Motion was duly made by Councilman Norman and second by Councilman Ledbetter to accept the resignation of Patrolman Lawrence P. Harvey. The motion by roll call vote CARRIED. ORDINANCES AN ORDINANCE DESIGNATING FIVE HOLIDAYS FOR FULL TIME EMPLOYEES OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR COMPENSATION OR TIME OFF FOR CITY EMPLOYEES ON SAID DAYS AND PROVIDING AN EFFECTIVE DATE THEREFOR. ORDI NANCE NO. 622. The above Ordinance was read by City Attorney Charles A. Hall. -2- 'u o o ) r V Motion was duly made by Councilman Dimm and second by Councilman Ledbetter that this Ordinance be adopted and by roll call vote CARRIED. Motion was duly made by Councilman Ledbetter and second by Councilman Dimm to waive the second reading of the above Ordinance and by roll call vote CARRIED. ORDINANCE NO. 623. AN ORDINANCE AMENDING SECTION 4 OF ORDINANCE NO. 67, AS AMENDED BY SUB-SECTIONS (12), (91) (d), (17), (186) (b), (243) (a), and (293) OF SECTION 1 OF ORDINANCE NO. 608, AS AMENDED BY SECTION 1 OF ORDINANCE NO. 612, PROMULGATING OCCUPATIONAL LICENSE TAXES TO BE CHARGED BY THE CITY OF EDGEWATER, FLORIDA AND PROVIDING AN EFFECTIVE DATE THEREFOR. The above Ordinance was read by City Attorney Charles A. Hall. Motion was duly made by Councilman Norman and second by Councilman Dietz to adopt the above memtioned Ordinance and by roll call vote CARRIED. Councilman Ledbetter Abstained. Motion was duly made by Councilman Dietz and second by Councilman Norman to waive the second reading of the above Ordinance and by roll call vote CARRIED. Councilman Ledbetter Abstained. RESOLUTIONS RESOLUTION_ NO. 274. A RESOLUTION ACCEPTING THE RESIGNATION OF PATROLMAN LAWRENCE P. HARVEY, SR. AND PROVIDING AN EFFECTIVE DATE THEREFOR. The above Resolution was read by City Attorney Charles A. Hall and upon Motion duly made by Councilman Norman and second by Councilman Ledbetter, this Resolution was adopted and by roll call vote CARRIED. RESOLUTION NO. 275. A RESOLUTION HIRING EVERETT A. MARTIN AS PATROLMAN FOR THE CITY OF EDGEWATER, FLORIDA, SETTING FORTH HIS TENURE, PROVIDING FOR HIS COMPENSATION, AND PROVIDING AN EFFECTIVE DATE FOR SAID EMPLOYMENT. The above Resolution was read by City Attorney Charles A. Hall and Up0D Motion duly made by Councilman Norman and second by Councilman Dietz the Resolution was adopted and by roll Call Vote CARRIED. Councilman Dimm: What kind of investigation have you made on these men? Mayor Cairnie: We made a thorough investigation on all of them, but things still happen. Councilman Norman: This is a different situation. He had promised to move here when we hired him and hasn't. Mayor Cairnie: There will be a public hearing February 17, 1969 to explain 2 or 3 charter changes~ which will be held at 7:30 P.M. preceding the regular meeting. -3- .u, o <) J f U OLD BUSINESS NONE N nJ BUS I N E S S Councilman Ledbetter: What right does the garbage department have taking my garbage cans? Mayor Cairnie asked A.ttorney Hall to read ordinance 611, section 10, on garbage and trash containers. Councilman Ledbetter: Well, the City of Edgewater pays for none of the garbage cans that I use. If I go out and walk on somebody elsels property and pick up their garbage can, the Chief of Police w ill be aft e r mew i t haw a r ran t . N 0 \oJ t hat ism y r e r son alp r 0 per t y and paid for by me and that is my property and 11m not going to allow a man to walk in because he is a garbage man and doesn't approve of my cans and throws them in the garbage truck. I think we should draw the line as to a man throwing your garbage can in a truck. Mayor Cairnie: Mr. Ledbetter, I can answer that. I am quite sure that the men on the garbage truck are only picking up cans that have holes in them and that would not hold the garbage. Thats the reason they picked them up. Councilman Ledbetter: Mr. Mayor, I have 38 cans down there. I did have until someone did something with mine and all of mine have holes in them for the simple reason that the bottoms are rusting out. Now if you want to pick them ur you can, if you don't then 1111 call the Health Department because 11m definately going to send the City a bill for 3 garbage cans. Now that's how crummy 11m going to be. Mayor Cairnie: 11m quite sure that the men in the garbage department do not pick them up unless it was a situation where the garbage was falling through the can. Thats the only chance they'd pick them up. Councilman Ledbetter: Now, I want to tell you, if I had a can down there that had holes in the bottom and the garbage was falling out, 11m sure that I could rake up $2.98 to go buy a new one. Mayor Cairnie: It was right here in the ordinance which you read, S e c t ion 1 0 . W e I ve had a lot 0 f com p T 01 nt s fro m the gar bag e d era r t men t . Councilman Dimm: I think they picked up a can with a lot of glass in it. Mayor: Oh, the bottoms fallout, some people put old license plates on the bottom of the cans or tie wires to the bottom of the cans, the sides are bulging out and cracked. They pick up the cans and garbage falls allover the streets and when they throw it in the back part of the truck, juice runs allover the boys. I donlt blame them for picking them up. I think they're perfectly right in taking them. -4- \ I .u (.) o o Councilman Ledbetter: But mine were small holes! Mayor Cairnie: Small holes, Yes. According to the ordinance that is perfectly all right. Councilman Ledbetter: Now, I don't think there is a can in my rack down there that had a worn out or rusted bottom. Mayor Cairnie: Did they tell you to pick it up? Councilman Ledbetter: No. No one served notice on me and my cans are gone. Mayor Cairnie: Well, send your bill to the City. Is there any more new business? MISCELLAfllEQY~ Mayor Cairnie: Before we go any farther, I would like to ask our Fire Chief to escort Former Chief Hanson up here. Chief Hanson it gives me great pleasure on behalf of the City to present this gold ba~ge to you as the Former Chief of the Fire Department. the Council wishes me to express their thanks, the people of Edgewater thank you for the great many hours that you have spent in helping to promote it. It has been a great public service and a great pleasure. Former Chief Hanson: Mr. Mayor, the members of the Council and Mrs. Ward. I enjoyed being Fire Chief for the past four years, there's quite a bit of work to it but it's still fun ~o do. Welve been wo~king for you and its not the workmans compensation or anything. We get these calls where for instance, a fireman or two are called on to put out a fire personally in a trash can or something. That's whey lid like to express that the firemen do like to come out. They don't get too much experience in this city but the one problem is we don't get enough fires. We got a new fire Chief, now maybe he can get them. Thank you. Mayor Cairnie: I noticed that we have Mr. Groover and Mr. Strang of Briley, Wild and Associates here tonight. If i remember correctly that at the last Council Meeting there was some discussion as to why the drainage over Knappe Street, Wildwood, Highland, Oakridge, and Pearl Streets, what happened to it and why wasn't it put in correctly. While you are here I would like to ask you just what was done at that time? What was the reason for it? We have members of our City Council here who want to know why it wasn't done or done to the specifications or to that effect. Mr. Groover: Mr. Mayor, it isn't very often that we give in to our higher indignity because generally it isn't considered proper in the engineering business because we have to serve the clients and continually serving the clients and in this case I believe we are a little higher rated and I think we can stand on our dignity, so tonight I brought Mr. Strang down here who was with the City at the time of the construction and if there are any questions that we are able to explain the situation or the charges, or the statements that were made at the last meeting and if there are any questions the Councilmen or members of the audience would like to ask, we will be happy to answer any of them. Mayor Cairnie: I would like to put the question then to Mr. Strang. On Knappe, Wildwood, Oakridge, Highland and Pearl Streets; what happened there that now we have to go through the process of lowering the sewer lines and putting in larger culverts. What happened there? -5- o (.) o o Mr. Strang: Mr. Mayor, weill have to date back into the start of the project. It was a Sanitary Sewer project not a drainage project per se. The under lap was not involved. The three streets, Wildwood, Oakridge and Pearl had a small culvert or corrugated iron cover under those three streets. At the time that we put in the sanitary sewers the easements were obtained by the City along that creek. Those culverts were necessary to remove the corrugated covers that were in that because this again was a Sanitary Sewer project, not a drainage project. Those culverts were removed, laid off to one side, to be reinstalled in the same location, in the same location, in the same elevation or invert locally that they were originally. During the course of the project, the Mayor who ran that end of the sewer project for the City which was his responsibility, did come to me and said that he had just purchased the pipe from a pipe company that was going out of business. He wanted it installed in those areas. I informed him and I can't remember how many of the Councilmen, but I did inform the Mayor that these pipes that were in there were insufficient. The pipes that were purchased were not the right pipes, right diameter pipe and that we could not install them without going to a larger size and this would mean changing the design of the sanitary sewer. At that time we came up with a rough figure of what it would cost to do it and at that time it was decided that they didn1t have the funds to take care of this end of the project. Still they wanted us to put in the concrete pipe which is still in there today. We had to cut out the bottoms of the concrete pipes and fit it over the sewer pipes which were already laid when this problem came up of using different pipes, otherwise the existing pipes even though insufficient were working and would only work under flood conditions. They didnlt work all the time. These pipes were installed to the best that they could be installed at that time. Shortly there after the City commissioned us to prepare a drainage study for the City from the City limits to the drive-in theater. We gave you a quotation of $800.00 for this report. Then we told you the size culverts, the inverts, the elevations that would be necessary to put the ditch in the way the mosquito control wanted it to be put in. That the mosquito control was going to do all the work with the exception of furnishing the culverts. This is the report that was delivered to you, I believe in 1966 about two years ago. It might have been a little less. Since then we have reviewed it with the Council and we have come up with an idea to do it in sections, otherwise do it from Park Avenue north and then do the other sections as they can. Now the culvert at Pearl Street is the same. This culvert that was in there was not changed. The one behind Loveland Groves was not changed and the oneat Park Street was not changed. The only 3 to my knowledge that were changed are the ones between Knappe or I believe Oakridge and Park. I believe that's it. Thank you. Councilman Dietz: Could I ask a question? Mr. Strang: Yes. Councilman Dietz: The changes we have today are only in the streets and intersection or are there other places along that canal or are you going to have to lowe~ the sewer line? Mr. Strang: Only in the 3 different sections. There may be one up in Ocean Avenue. -6- 1 . , .(J Q o o Mayor Cairnie: On your estimated cost Mr. Strang, the new adjustment is on Wildwood Avenue, Highland Avenue and Oakridge Avenue? That's the 3? Mr. Strang: That's the only 3 that have to be changed. 11m pretty sure that it was just 3. Councilman Dietz: Is this pressure lines or gravity feeds? Mr. Strang: Gravity feeds. Councilman Dietz: How many of those lines are going to have to be replaced? Mr. Strang: T\'/o (2). What you have to do. Do you have one of our reports there? Councilman Dietz: No, I don't believe I have. Mr. Strang: The sewer adjustments on those 3 streets are $850.00 for one, another is $850.00 and the other is $740.00. What you have to do there, is a sewer manhole just to the east of the drainage ditch. You have to come in and put another manhole in down to the deeper manhole, so that we can run a 1ravity sewer to the main line. The main line is amply deep. t was only these 3 lines coming from U.S. #1, coming back on gravity feeds that have to be adjusted. If they had the drainage with the Sanitary Sewer project, where these things would have been done, then of course the lines would have had to of been made deeper, all the way back up to changing the manhole. We are only talking about $2,400.00 of adjustments that have to be done at this time. Councilman Dietz: Well, this project that we are discussing, is it important that it be done immediately or what is your opinion? Have you surveyed it? Mr. Strang: Are you talking about the drainage project? Councilman Dietz: Yes, is it a problem? Mr. Strang: This project was requested some years ago by the mosQuito control district to try to cut down on mosquitos in this area. As I said, we discussed this with them at least 2 years ago or further back. 11m sure that if any project that drains out mosquitos to keep from preventing their breeding is important. It1s a matter of economics. It is my understanding when we first made the report, I don't believe any of you gentlemen were on the board, but I know that the Mayor and Mr. Bebbington and some of the others, 11m speaking about Mayor Armstrong. You were on then too, Mayor Cairnie. It was decided at that time, that the report would be made and then they would try to budget some funds every year so that they would be able to do it in steps and accomplish it over a period of years. Mr. Groover: The Mosquito Control ran a sea level canal through there that had a salt water interchange over the breeding grounds that wasn't as effective as the one now. Councilman Ledbetter: That salt water canal, was that brought up during the time the sewer lines were being_laid? -7- .0 " Q o o Mr. Groover: No. Shortly, 1111 say 6 months after the sewer lines were complete. Councilman Ledbetter: In other words during the preliminary survey there wasn't any consideration given? Mr. Groover: What preliminary Survey? Councilman Ledbetter: On the sewer lines. That there was a possibility that in a given number of years that we ~uld be forced to draw a line on the preliminary manhole or drainage? Mr. Groover: Yes. That the right of way was such a problem that we had to acquire the right of way for the sewer line, but there \~as no discussion of the deepening or the inquiring of the right of way for this sea level ditch because, except I believe, too the extreme north end by the highway. This can cause unforeseen problems as far as the sewer goes. Councilman Ledbetter: Do you think that this sea level ditch is going to present the same problem of acquiring the right of way and is it going to be more costly to the people of Edgewater now becaese it wasn't corrected 2 or 3 years ago? Mr. Groover: No. I can't answer that. There was no physical need to acquire the right of way at that time Mr. Ledbetter. There was no request for it. Mayor Cairnie: Is there any other questions? Councilman Dimm: I didn't quite follow this but you did say that you installed the pipes to your specifications? Mr. Groover: Yes Sir. We suggested no size culvert in here because changing of the culvert wasn't in question. The changing of the culvert in order to put in a culvert that was required for present day needs, would have taken more than the existing pipe or more of what was in there, also it would have been necessary to lower the ditch and that would have to function as a sea level culvert. Mr. Strang: I think, if you will remember what I said, was that the existing pipes were inadequate. The City had purchased some concrete pipes and delivered them down there and said use it. At that time we told them that the pipe was not sufficient and it would cost additional money to lower the sewer line and buy the right size pipe and put it in. The City said, use the pipe! Councilman Dimm: It looks to me like they were saving money at that time which is now costing us more. Mr. Strang: This sounds very right. Mr. Armstrong: Mr. Mayor, may I say now please, 11m not going to dispute Mr. Groover or Mr. Strang or anyone. The pipes were there and the engineers knew what it was. The only thing in my opinion, was to lower the elevation or lateral line going into the manhole from the east, in order to use the piece of pipe. There wasn't as far as I can remember, any recommendation to change the elevation of the pipe that went into the manhole. Am I correct? Mayor Cairnie: That's right. -8- lr .u Q o o ~r. Armstrong: There wasn't any problem with the drainage as far as I know, until after the sewer lines were laid. Mr. Strang didn't we take one of them up and lower it somewhat and pour cement on top of it to lower the weight on top, but still it wasn't lowered enough so it would take care of the back wash. In other words, the pipes aren't down low enough. I agree that it should have been a larger pipe at the lower elevation and nobody knows any better then I do because I've seen water back up waste deep and so have several of the others of you who have fields. The fact was that the only thing that now prevents the lowering of pipe is the fact that the lateral line and gravity feed lines going into the manhole, goes down underneath the pipe and there isn't room to put it down without lowering or changing the level of elevation of the sewer line going into the manhole. I know that after the construction of it, the authorities made a report on the final inspection and before it was paid, I sent a letter, in which Rriley, Wild and Associates got a copy, the City got a copy, the Housing and Home finance Agency got a copy and I have a copy of. It said that the matter should be corrected before the final payment of the contract. Mr. Groover: Mr. Armstrong, might be right in his letter. He may say he had written a letter and I'll accept the fact that he wrote this letter, but you must realize that sewer systems on any construction job are installed according to the plans and specifications and unless there is a reason for change for these plans and specifications, they are constructed according to plans and specifications. They werp constructed according to plans nnd srecifir~tions. Mayor Cairnie and Mr. Armstrong are aware of-this problem. Mr. Armstrong was aware that the sewers were constructed to plans and specifications. He talked about holding back money on the contractor at the end of the job and he is certainly aware that he would have to pay that contractor more money to go back in there and lower that line once it has been constructed, whether it be now or then. He is also aware that the only way that this could have functioned, had he lowered this inadequate pipe, that he insisted on using in that drain, had it not been down to a present sea level canal (shall we say, dropped it maybe 3 or 4 feet to where it would function if it were of the right size in its present day design of a canal) this pipe would have been under the bottom of the existing ditch both north and south of this culvert. Therefore, you would have had some sort of syphoning action under there which would have been inadequate. This would not have functioned and can not function unless both sides of the ditch, both north and south, would have also been lowered to that distance. There was no proposal to lower the ditch at that time and was not even considered until roughly 6 months after that time and it's still under consideration. The pipe has not functioned and it won't function today until the ditch has been lowered to the correct elevation. We do not have the right of way at the moment and there is no completion date upon when this will be lowered to the correct invert. Now are we straight on one point Mr. Armstrong? Mr. Armstrong: I believe you misunderstood me. You were talking about the tide which I wasn't. I was talking about the existin~ flow of water in the Edgewater sewer. I wasn't talking about tide waters. -9- .r .u ~ Q o o Mr. Groover' A little lesson in engineering. The high powered radium determines the flow in the pipes and this being the elevation of the water above the pipes and below the pipes regardless of hovl low or deep you set that pipe. If the pipe was inadequate at one elevation it will be inadequate at another elevation. This is the point we're making. We used the exact pipes we were told to use and in fact it was insisted that we use that pipe. Councilman Ledbetter: Well, I don't know much about the flow of water and how much water goes in the ditches except from Park Avenue north, that's all I know. Water flows from the north, from Park ~venue and goes into New Smyrna Beach Sewer Lines. Mr. Strang: Mr. Mayor, I can't stand listening to this without saying one more thing. Those small culverts that were in down there, every time it rained, Love1ands Groves and everything around Pearl Street nearly always flooded. Everybody knows it flooded because those pipes were too small. It flows into the sewer since we put in the other pipes and this has been dug out a little bit since the mosquito control came in and cleared it out. It still flows. It's flowing today. It's not flowing properly because the pipes are inadequate. The City Council and those members who were on it, will have to admit that I spoke to them about changing these pipes to an adequate size and doing something to that ditch. When it was brought up that these pipes were going to be put in, we told them that we were going to be wasting time putting the~ in. They said they didn't have the funds or the right of way and couldn't do it. We didn't do it. I do not think it is our responsibility, poor engineering or anything else that I've heard around here and I think we did what we were told to do and thats all I can say right now. I know that water didn't flow in a storm because the contractor got stuck even on Old County Road putting the force mains in before we even got in to putting the culverts in. Councilman Dietz: Where did I get this idea that New Smyrna Beach has thier pipes in ditches and water flows around the pipes? Couldn't we just box that off and save more on these lines than going back and building new manholes and everything? Mr. Groover: This would run you into much more money. More than it would cost for the 3 to be put in all together. Councilman Dietz: Do you have the report on the State Road Department on the lines back of Indian River Blvd? Mayor Cairnie: As I understood it from you Mr. Strang, that they would have to put collars on manholes out there? Mr. Strang: The manholes will have to be adjusted and I must get together with your City Attorney on the utility relocation that you have to sign for the State. He is going to have to get the franchise utility in your city to sign the same agreement with the City because the State has a 1iahi1ity clause. If the contractor was held up because somebody doesn't move a pole or something like this the City ~/ou1d be liable for the contractor's damages at that time, so I have to get together with Mr. Hall so he can take care of that and you all can pass this and send it back. Last Thursday, I received the final set of plans from the State and I was planning on coming back tomorrow or the next day to bring them to you. You have no services to relocate or manholes to move or lines to move. You have no big expense. -10- '. . ( , .~ I. Q . ' . . o o There being no further business motion was duly made by Councilman Dimm, second by Councilman Ledbetter that the meeting be adjourned. The motion by roll call vote was CARRIED. Time of Adjourment 8:30 P.M. Minutes taken by Betty E. Martz ATTEST: l:f.J:A ~ or )l~ flsle L. Ward, City Clerk fiI' ){ ~t A ^ -'")/1 A..^- M yo r - ~-7/7. ~ -(~--t:.-z-~--(.___ Councilman -11 - {)Y- ~~c#~r.( / - ~ ~