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04-06-1970 - Regular (; o o "' .. THE CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING APRIL 6, 1970 o The Regular Meeting of the City Council of the City of Edgewater, Florida, was called to order at 7:31 P.M. by Mayor William H. Cairnie on Monday, April 6, 1970. ROLL CALL Mayor William H. Cairnie Councilman Jacob Lodico Councilman David C. Ledbetter Councilman General Fugate Councilman Calvin R. Dietz City Attorney Charles A. Hall City Clerk Elsie L. Ward Deputy City Clerk Linda Reynolds Police Chief Clyde W. Heath APPROVAL OF MINUTES Present Present Present Present Present Present Present Present Present A motion for the approval of the minutes of the Regular Meeting of March 16, 1970, was duly made by Councilman Lodico and seconded by Councilman Fugate. Upon roll call vote, said motion CARRIED; Councilman Ledbetter ABSTAINED. BILLS AND ACCOUNTS GENERAL GOVERNMENT South Florida Natural Gas Company Frank Pasch City of Edgewater-Petty Cash Fund Southern Bell City of Edgewater-Waterworks & Sewer City Auto Supply Brevard Tractor Company, Inc. News-Journal Corporation Goodyear Service Stores Daytona Fire Equipment, Inc. Thames Book Company Vo1usia County Public Libraries Smokey's Automotive Service Motorola Communications & Electronics Library Petty Cash Fund Florida Power & Light Company Taylor Brothers Gordon's Printing & Duplicating Service Gasoline Alley Service Center Biscayne Fire Equipment Company, Inc. Eli Witt Division Dwight's Nieburger Chevrolet Company Better Homes & Gardens Cooking Arts Library International Business Machines Corporation Pitney-Bowes, Incorporated Board of County Commissioners William K. Bucher E. A. Martin Charles A. Hall Stevens Lock Shop Xerox Corporation New Smyrna Beach-Edgewater Humane Society Burns Janitor Service W & W Janitorial Service 49.78 10.00 11.22 123.23 32.50 11 3.07 20.33 2.80 5.00 40.00 21.90 148.10 10.76 49.50 3.45 752.54 37.50 6.50 24.35 100.00 10.75 42.75 108.40 3.30 1 .25 334.92 131.20 18.27 18.27 102.50 22.35 40.00 100.00 8.15 62.00 o o o o , BILLS AND ACCOUNTS, CONT. GENERAL GOVERNMENT Jones Electric Company, Inc. New Smyrna Motors C & C Tractor Company Prentiss Hardware Company John P. Gui1er 23.00 2,299.00 8,085.00 9.49 360.30 $13,343.43 WATER AND SEWER DEPARTMENT Southern Bell Prentiss Hardware Company Gasoline Alley Service Center Taylor Brothers Florida Power & Light Motorola Communications & Electronics City of Edgewater Waterworks & Sewer Atlantic Machine Works Lauretta M. Shafer Hall Machine Works Jones Chemicals, Incorporated Daytona Paving-Company 27.26 12.25 7.55 70.00 287.97 5.00 12.00 8.00 9.00 4.50 234.00 85.00 762.53 $ A motion was duly made by Councilman Fugate and seconded by Councilman Dietz to accept the said bills and accounts for payment, with the exception of the overtime payment for Officers Bucher and Martin; said payment for these Officers would be subject to approval upon the adoption of the Ordinance covering overtime payment for Patrolmen on the agenda for that portion of the meeting. Upon roll call vote, said motion CARRIED. OFFICERS REPORTS Certification of Posting Clerk's Cash Statement for March Budget Report for March Library Report for March Police Report for March The reports stated above were read by City Clerk Elsie L. Ward. COMMUNICATIONS City Clerk Elsie L. Ward read the resignation of Officer E. A. Martin as Patrolman for the City of Edgewater effective April 15, 1970; reasons for the resignation being to seek better working conditions, less hours and greater pay and benefits. Councilman Fugate duly moved to accept the resignation of Officer Martin, said motion being seconded by Councilman Ledbetter. Upon roll call vote, said motion CARRIED. The City Clerk read a letter from Geraldine K. Lunsford, President of the Fish Memorial Hospital Women's Auxiliary. The letter, directed to Police Chief C. W. Heath, thanked Officer Fred Cotnoir for directing traffic and assisting visitors to the John C. Gross home during the Tour of Homes on March 21, 1970. Mayor Cairnie requested a copy of this letter be made and presented to Officer Cotnoir. A letter from Kenny Watts, Safety Patrol Member of the Edgewater Public School Safety Patrol was read by City Clerk Elsie L. Ward. -2- o o Q o COMMUNICATIONS, CONT. The letter stated the Patrol was planning their annual trip to Tallahassee in late April or early May and planned to tour the Capitol and visit a Legislative session. The Patrol members had raised a portion of the money needed to make this trip, approximately $40 per member, but that further assistance, in the way of donations, was needed. Councilman Fugate duly moved to give the School Safety Patrol the sum of $80.00, said motion being seconded by Councilman Dietz. Upon roll call vote, said motion CARRIED. A letter to the City Council from Mr. Lawrence A. Gedcke, President of the Silver Ridge Home Owners Association, was read by the City Clerk. The letter, in the form of a petition signed by the members of the Association, urged the City Council to act against the owner of an automobile junk yard, located on U. S. #1 near the Silver Ridge homes, in violation of the zoning in that district. City Attorney Charles A. Hall stated the owner, convicted of violating the zoning law, had filed an appeal with the Circuit Court. Attorney Hall further stated that he would apply to the Judge of the Circuit Court for a reply to the brief in order to obtain a decision on the case. This decision, ho~efully, would be forthcoming within four of five weeks. The City Clerk read a petiiton signed by six families now residing on Pine Avenue; said petition requesting Pine Avenue to be paved from Cocoa Palm Drive to the end of the street. Councilman Dietz stated this paving was under consideration; however, how extensive a job this would be was unknown at this time. Additional problems would probably be encountered due to the fact that Pine Avenue was a sloping hill and proper drainage would have to be provided for before any paving could be done. Councilman Dietz duly moved to table this petition until the Council could discuss the matter with the County Commissioner, Mr. Harris Saxon. Said motion was seconded by Councilman Fugate and upon roll call vote, said motion CARRIED. A petition directed to the Mayor and City Council was read by City Clerk Elsie L. Ward. The petition was submitted by homeowners living on South Riverside Drive and Turgot Avenue near the Floreco Crab Company building, which, as stated in the petition, was creating a health and safety hazard due to the dilipated condition of the building and dock. The letter further stated the owner of the property had estab- lished an agreement with Feger's Seafood Company to raze the building, but that no time limit was set in the agreement. The petitioners asked the Council to place a 60-day clearing deadline on the riverfront property. Councilman Fugate duly moved to have the City Attorney notify the owner of the property, apprise said owner of the existing public nuisance and set the 60-day clearing deadline of said property as requested. Said motion was seconded by Councilman Ledbetter, and upon roll call vote, said motion CARRIED. -3- o o o o ORDINANCES ORDINANCE NO. 658: AN ORDINANCE AMENDING ORDINANCE NO. 635, THE TENTATIVE BUDGET ORDINANCE FOR THE FISCAL YEAR BEGINNING NOVEMBER 1. 1969, AND ENDING OCTOBER 31, 1970, SO AS TO APPROPRIATE THE SUM OF $48,000.00 FROM ACCRUED SURPLUS TO SURPLUS FUNDS OF ESTIMATED INCOME FOR SAID FISCAL YEAR AND FURTHER APPROPRIATING THE SAID SUM OF $48,000.00 TO VARIOUS FUNDS AS LISTED IN SECTION 3 FOR THE SAID FISCAL YEAR. The Ordinance stated above was read by City Attorney Charles A. Hall. A motion for adoption of said Ordinance was duly made by Councilman Dietz and seconded by Councilman Fugate. Upon roll call vote, said motion CARRIED. Councilman Dietz duly moved to waive the second reading of said Ordinance, said motion being seconded by Councilman Ledbetter. Upon roll call vote"said motion CARRIED. ORDINANCE NO. 659: AN ORDINANCE AMENDING SECTION 4 AND SECTION 5A OF ORDINANCE NO. 538, INCREASING THE CONNECTION CHARGE FOR SEWER SERVICE FROM $75.00 TO $100.00, AND DELETING ANY PROVISION REQUIRING THE CITY TO INSTALL THE FIRST 100 FEET OF SEWAGE MAIN OR PIPE WHEN SAID SEWER LINE IS REQUESTED, AND PROVIDING THAT THE COST OF ANY EXTENSION OF SEWER LINES, WHEN REQUESTED, SHALL BE BORNE ENTIRELY BY THE PERSON SO REQUESTING THE EXTENSION; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. City Attorney Charles A. Hall read the above stated Ordinance. A motion for adoption of said Ordinance was duly made by Councilman Dietz and seconded by Councilman Fugate. Upon roll call vote, said motion CARRIED. A motion for waivure of the second reading of said Ordinance was duly made by Councilman Dietz and seconded by Councilman Fugate. Upon roll call vote, said motion CARRIED. ORDINANCE NO. 660: AN ORDINANCE AMENDING SECTION 4B AND SECTION 40 AND AMENDING SECTION 5A OF ORDINANCE NO. 539 OF THE CITY OF EDGEWATER, FLORIDA, INCREASING THE CONNECTION CHARGES BASED UPON METER SIZE FOR WATER SERVICE, DECREASING THE SERVICE CHARGE UPON RESUMPTION OF WATER SERVICE AND DELETING ANY PROVISION WHEREBY THE CITY IS OBLIGATED TO PAY FOR THE FIRST 100 FEET OF WATER PIPING TO PROPERTY WHEN SO REQUESTED AND PROVIDING THAT THE PERSON REQUESTING WATER SERVICE SHALL BEAR THE FULL COST OF THE EXTENSION OF ANY EXISTING WATER SERVICE; AND PROVIDING AN EFFECTIVE DATE THEREFOR. The Ordinance stated above was read by City Attorney Charles A. Hall. A motion for adoption of said Ordinance was duly made by Councilman Dietz and seconded by Councilman Fugate. Upon roll call vote, said motion CARRIED. Councilman Lodico duly moved to waive the second reading of said Ordinance, said motion being seconded by Councilman Dietz. Upon roll call vote, said motion CARRIED. ORDINANCE NO. 661: AN ORDINANCE AUTHORIZING AND ALLOWING PAYMENT BY THE CITY OF OVER TIME PAY FOR OVER TIME HOURS WORKED BY PATROLMEN ON THE POLICE DEPARTMENT OF THE CITY OF EDGEWATER, FLORIDA; SETTING FORTH A BASIS FOR CALCULATING SAID OVER TIME PAY AND SETTING FORTH AN EFFECTIVE DATE THEREFOR. -4- u (.) (.) o ORDINANCES, CONT. City Attorney Charles A. Hall read the Ordinance stated above. Councilman Fugate duly moved for adoption of said Ordinance, said motion being seconded by Councilman Dietz. Upon roll call vote, said motion CARRIED. A motion for waivure of the second reading of said Ordinance was duly made by Councilman Fugate and seconded by Councilman Dietz. Upon roll call vote, said motion CARRIED. RESOLUTIONS RESOLUTION NO. 338: A RESOLUTION ACCEPTING THE RESIGNATION OF E. A. MARTIN AS PATROLMAN FOR THE CITY OF EDGEWATER, FLORIDA. The Resolution stated above was read by City Attorney Charles ,A. Hall. A motion was duly made by Councilman Fugate to adopt said Resolution, said motion being seconded by Councilman Ledbetter. Upon roll call vote, said motion CARRIED. RESOLUTION NO. 339: A RESOLUTION PROMOTING PATROLMAN NORMAN McCALL TO SERGEANT OF THE POLICE DEPARTMENT OF THE CITY OF EDGEWATER, FLORIDA; INCREASING HIS SALARY BY TWENTY- FIVE DOLLARS PER MONTH AND PROVIDING FOR THE ASSUMPTION BY THE SAID SERGEANi McCALL OF THE DUTIES AND RESPONSIBILITIES OF THE CHIEF OF POLICE UPON THE ABSENCE OF THE CHIEF OF POLICE, AND PROVIDING AN EFFECTIVE DATE THEREFOR. City Attorney Charles A. Hall read the Resolution stated above. Councilman Lodico asked of Police Chief Clyde W. Heath whether this promotion was legal. The Police Chief replied that it was legal. Councilman Fugate duly moved to adopt said. Resolution, said motion being seconded by Councilman Ledbetter. Upon roll call vote, said motion CARRIED. OLD BUSINESS - - NONE NEW BUSINESS City Clerk Elsie L. Ward read a Certification which stated that a total of four (4) bids had been received in the prescribed time alloted on the seawall at the Park & Pier. The sealed bids were then opened by the City Clerk and stated bids and the bidders were announced as follows: Burley Built, Inc. - 611 thick wall Daytona Beach, Fla.- 411 thick wall $4,750.00 4,250.00 Escoe Marine Construction - $18 per lineal foot or Holly Hill, Florida $4,500.00 Frank H. Springer $4,250.00 Port Orange, Florida J. L. Turberville, Jr. $6,250.00 New Smyrna Beach, Florida Upon completion of the reading of the bids stated above, Councilman Fugate duly moved to table said bids for further study by the Council. Said motion was seconded by Councilman Ledbetter and upon roll call vote, said motion CARRIED. -5- G o o (j IHSCELLANEOUS In cooperation with the Volusia County Libraries, Mayor William H. Cairnie read a Proclamation declaring April 13th through April 18th as National Library Week. Mr. Paul Walls addressed the City Council with a progress report on the recreation area. Mr. Walls stated the Associ- ation had several loads of clay at the site for filling the base lines and preparing for the Little League season; the concession stand was being prepared, the building of a shelter had been completed and purchasing of two lights to be installed at the recreation center had been accomplished. Mr. Walls added the Recreation Association needed approximately four (4) loads of shell and asked if the City could provide; also, could the City take charge of installing the lights mentioned before, one by the concession stand and one near the new shelter. Mayor Cairnie stated Florida Power & Light would be contacted about the lights and Councilman Lodico stated he would contact the Street Department Superintendent about providing the shell. Kenneth Ihnken, Chief of the Volunteer Fire Department announced to the City Council that the new fire truck is now in the Fire House completely fitted out and ready to go. He also thanked the Mayor and the City Council for their cooperation in obtaining the new truck. The question was raised relative to the sale of the old fire truck purchased by the Hernando, Florida, Volunteer Fire Depa rtment for the sum of $1,100.00, $100 above the amount quoted by Ward-LaFrance as trade-in value on the new truck. After lengthy discussion, City Attorney Charles Hall stated that the sale of the old truck was improperly handled; however, all aspects of the sale would be considered legal and proper if the City Council ratified the sale by moving to approve same. Councilman Fugate duly moved to approve the sale of the old fi~e~truck, said motion being seconded by Councilman Lodico. Upon roll call vote, said motion CARRIED, with Councilmen Ledbetter and Dietz voting NAY. A motion for adjournment of the meeting was duly made by Councilman Lodico and seconded by Councilman Ledbetter at 9:15 P.M. Upon roll call vote, said motion CARRIED; Councilmen Fugate and Dietz voted NAY. Time of Adjournment: 9:15 P.M. Minutes taken by Linda Reynolds rJ/)~ .~. Mayor ~ ATTEST: it Ih~Lllt,J ~ -'-'(f"r 'Councilman d~<- ~ , City Cler Councilman -6-