08-21-1972 - Regular
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THE CITY COUNCIL OF THE CITY OF EDGEWATER
REGULAR MEETING HELD
AUGUST 21, 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,
August 21, 1972 at 7:30 P.M.
ROLL CALL
Mayor Dana T. Armstrong
Councilwoman Marian Crigger
Councilman Charles P. Ganta
Councilman David C. Severance
Councilman David L. Wiggins
City Attorney Joseph E. Weaver
City Clerk Cornelia A. Kinsey
Deputy City Clerk Roberta Boswell
Police Chief George R. Katez
Present
Present
Present
Present
Present
Present
Present
Absent
Present
Mayor Armstrong asked the City Councils permission to change
the order of business around and have Mr. Jim Lawrence, TM
Communications, representative make his announcement and
presentation. Mr. Lawrence has another meeting to attend
this evening and wished to leave as soon as possible. The
City Council agreed to the change.
Mr. Lawrence told the City Council his mission this evening
was unusual, he came to give the City something not take
anything. He presented Mayor Armstrong with the franchise
check for $1,000.00, this check represents the Cable TV
franchise for a period of one year, starting August 1, 1972
through July 31, 1973. He stated that in the event the
annual audit proved that 10% of the gross sales exceeded
the $1,000.00 the balance would be paid at the end of the
fiscal year for the period ~f time covered by this check.
Mayor Armstrong stated he appreciated the very prompt payment
and looked forward to a little more at the end of the year.
Mr. Lawrence stated that the power is in at the antena and
they hope to start construction about mid September.
APPROVAL OF MINUTES
Councilman Wiggins duly made a motion to approve the minutes of
the meeting held August 7, 1972, and motion was seconded by
Councilman Severance. Upon roll call vote, said motion CARRIED.
BILLS & ACCOUNTS
GENERAL GOVERNMENT
Southern Bell
City of Edgewater Waterworks & Sewer
Fla. Power & Light
Oasis Car Wash
Sentinel Star
New Smyrna Comm. Printing
New Smyrna Auto Supplies
LaMar Uniforms
New Smyrna Police Dept.
Matty's Transmission Service
Goodyear Service Stores
Watkins Ford, Inc.
Engel's
Fla. Fire & Safety Supply
164.07
30.00
1,207.97
1.75
14.94
25.00
70.78
37.21
78.00
172.70
8.99
38.53
56.50
15.90
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GENERAL GOVERNMENT BILLS CONTINUED
Gray's Drugs
Edgewater Public Library
News Journal Corp.
Xerox Corp.
Joseph E. Weaver
Williams Welding Supply
Behrens Tractor Co.
Edgewater Motors
Standard Oil Co.
C & J Supply Co.
City of Edgewater
Brittingham Hardware
WATER & SEWER DEPTS.
Southern Bell
City of Edgewater Waterworks & Sewer
Fla. Power & Light
Brittingham Hardware
DeWitt Chemical
Davis Meter & Supply
Economy Electric
Smokey's Electric
Edgewater Mfg. Co.
Atlantic Machine Works
New Smyrna Auto Supplies
AllState Pipe Supply
Utility Supply
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2.81
8.35
45.60
40.00
187.50
12.45
68.09
51.60
238.57
7.48
7.58
51.63
$
2,644.00
29.76
6.00
601. 80
23.54
70.00
10.32
430.24
149.00
3.19
79.00
4.96
62.75
168.72
$ 1,639.28
Councilman Ganta duly made a motion to pay said bills and
accounts, being seconded by Councilman Severance. Upon roll
call vote said motion CARRIED.
OFFICERS REPORTS
CertificatioR of Posting
Clerk's Cash Statement for July, 1972
General Fund Budget for July, 1972
Waterworks & Sewer System Budget, July 31, 1972
Police Department report for July, 1972
COMMUNICATIONS
The City Clerk read a letter from Maule Industries requesting the
City of Edgewater vacate Railroad Avenue.
Mayor Armstrong stated that the City Council had briefly discussed
this at the Workshop meeting. Maule Industries are the sole
owners of property on either side of Railroad Avenue. There is
one piece of land other than Maule property involved and they
do have ingress and egress from Mango Tree Drive.
Councilman Wiggins made a motion to instruct the City Attorney
to draw a Resolution of Intent to set a public hearing to
vacate that portion of Flagler and Railroad Avenues which
are within the Maule property. Said motion being seconded
by Councilman Severance. Upon roll call vote, said motion
CARRIED.
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The City Clerk read a letter from John Gross donating $100.00 toward
a Kids Carnival.
Mayor Armstrong said that Mr. Gross is not here tonight, we will
advise him that the City is not in a position to sponsor this.
However, the City can go along with this idea if they run it
themselves.
Councilman Wiggins asked who pays the difference if the costs
exceed $100.00.
Mayor Armstrong said the expense of the event is entirely up
to the Committee sponsoring the event.
Councilman Wiggins made a motion to cooperate with Mr. John Gross
if he runs the entire event. Said motion being seconded by
Councilman Ganta. Upon roll call vote, said motion CARRIED.
The City Clerk read a letter of resignation from Roberta M. Boswell,
Deputy City Clerk. Councilwoman Crigger duly motioned the
resignation be accepted, Councilman Ganta seconded the motion.
Upon roll call vote, said motion CARRIED.
PROCLAMATION
A PROCLAMATION PROVIDING FOR THE CALLING AND HOLDING OF A REGULAR
ELECTION AND A PRIMARY ELECTION, IF NECESSARY, IN THE CITY OF
EDGEWATER, VOLUSIA COUNTY, FLORIDA.
The above Proclamation being read in full by City Attorney Joseph
Weaver
RESOLUTION NONE
ORDINANCE NO. 769
AN ORDINANCE MERGING THE PLANNING AND ZONING BOARDS OF THE CITY
OF EDGEWATER, FLORIDA INTO ONE BOARD KNOWN AS THE ZONING AND
PLANNING BOARD, PROVIDING FOR THEIR DUTIES AND RESPONSIBILITIES
PROVIDING THAT THE PRESENT MEMBERS OF THE RESPECTIVE BOARDS SHALL
CONSTITUTE THE MEMBERSHIP OF THE ZONING AND PLANNING BOARD AND
THAT SUBSEQUENT APPOINTMENTS TO SAID BOARD SHALL BE BY RESOLUTION,
PROVIDING THAT THE MEMBERS SHALL SERVE WITHOUT COMPENSATION, RATIFYING
ALL ACTIONS TAKEN BY THE RESPECTIVE BOARDS PRIOR TO ENACTMENT OF
THIS ORDINANCE, AND PROVIDING AN EFFECTIVE DATE THEREFOR.
The above Ordinance being read in full by City Attorney Joseph
Weaver.
Councilman Wiggins duly made a mo"tion to approve said Ordinance.
Said motion being seconded by Councilman Severance. Upon roll
call vote, said motion CARRIED.
A motion to waive the second reading was duly made by Councilman
Wiggins and seconded by Councilman Severance. Upon roll call
vote, said motion CARRIED.
ORDINANCE NO. 770
AN ORDINANCE AMENDING SECTION (3) THREE SUBPARAGRAPHS (B) AND (C)
OR ORDINANCE 539 AND PROVIDING FOR THE INCLUSION OF CONDOMINIUMS
UNDER THE SINGLE FAMILY RESIDENCE CLASSIFICATION RATHER THAN UNDER
MULTIPLE SERVICE CLASSIFICATION, AND PROVIDING FOR THE DELETING OF
THE WORDS "CHURCHES, HOSPITALS, SCHOOLS, AND" FROM ITEM (4)
SUBPARAGRAPH (C), SECTION 3, OF ORDINANCE 539, PROVIDING FOR THE
NEW RATES FOR WATER SERVICE WITHIN THE VARIOUS CLASSIFICATIONS,
AND FURTHER AMENDING SECTION 4, SUBPARAGRAPH (D) TO REFLECT A
CHARGE OF FIVE ($5.00) DOLLARS RATHER THAN SEVEN ($7.00) DOLLARS
TO RESUME WATER SERVICE, AND PROVIDING AN EFFECTIVE DATE THEREFOR.
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The above Ordinance being read in full by City Attorney Joseph
Weaver.
Mayor Armstrong stated a correction needs to be made on the
effective date, changed from immediately to September 1, 1972,
giving ample time to change the bookkeeping methods.
Councilwoman Crigger duly made a motion to approve said Ordinance,
subject to the above correction. Said motion being seconded by
Councilman Severance. Upon roll call vote, said motion CARRIED.
A motion to waive the second reading was duly made by Councilman
Severance and seconded by Councilman Wiggins. Upon roll call
vote, said motion CARRIED.
ORDINANCE NO. 771
AN ORDINANCE REQUIRING CONNECTION WITH THE MUNICIPAL SEWER SYSTEM,
PROMULGATING DEFINITIONS AND CLASSIFICATIONS, PROMULGATING RATES
TO BE CHARGED THEREFORE, OUTLINING MEANS OF ENFORCING PAYMENT FOR
SEWER SERVICE, PROMULGATING REQUIREMENTS FOR CONNEC TION TO THE
MUNICIPAL SEWER SYSTEM SETTING FORTH MAINTENANCE REQUIREMENTS,
PROHIBITING FREE SEWER SERVICE, AND PROMULGATING PENALTIES FOR
VIOLATIONS THEREOF, PROVIDING AN EFFECTIVE DATE THEREFORE.
The above Ordinance being read in full by City Attorney Joseph
Weaver.
Councilman Severance duly made a motion to approve said Ordinance,
subject to the same correction as Ordinance 770, making the
effective date September 1, 1972. Said motion being seconded
by Councilman Wiggins. Upon roll call vote, said motion CARRIED.
A motion to waive the second reading was duly made by Councilman
Severance and seconded by Councilman Wiggins. Upon roll call
vote, said motion CARRIED.
ORDINANCE NO. 772
AN ORDINANCE TERMINATING WILLIAM J. BUSSINGER AS REGULAR PATROLMAN
AND PROVIDING AN EFFECTIVE DATE THEREFOR.
The above Ordinance being read in full by City Attorney Joseph
Weaver.
Councilman Wiggins duly made a motion to approve said Ordinance.
Said motion being seconded by Councilman Severance. Upon roll
call vote, said motion CARRIED.
A motion to waive the second reading was duly made by Councilman
Wiggins and seconded by Councilman Ganta. Upon roll call vote,
said motion CARRIED.
ORDINANCE NO. 773
AN ORDINANCE TERMINATING CAROLYN SCHEDLER AS DEPUTY CITY CLERK AND
PROVIDING AN EFFECTIVE DATE THEREFOR.
The above Ordinance being read in full by City Attorney Joseph
Weaver.
Councilman Wiggins duly made a motion to approve said Ordinance.
Said motion being seconded by Councilwoman Crigger. Upon roll
call vote, said motion CARRIED.
A motion to waive the second reading was duly made by Councilman
Severance and seconded by Councilwoman Crigger. Upon roll call
vote, said motion CARRIED.
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ORDINANCE NO. 774
AN ORDINANCE AMENDING SECTION 14 OF ORDINANCE NO. 219 OF THE CITY
OF EDGEWATER, FLORIDA, PROVIDING FOR THREE (3) AFFIRMATIVE VOTES
OF THE CITY COUNCIL RATHER THAN FOUR FIFTHS (4/5) VOTE OF THE
CITY COUNCIL TO OVERRIDE FINDINGS OF FACT AND RECOMMENDATIONS
OF THE ZONING AND PLANNING BOARD, RATIFYING ALL FINDINGS OF FACT
PREVIOUSLY RENDERED BY THE ZONING AND PLANNING BOARD, AND PROVIDING
AND EFFECTIVE DATE THEREFOR.
The above Ordinance being read in full by City Attorney Joseph
Weaver.
Councilwoman Crigger duly made a motion to approve said Ordinance.
Said motion being seconded by Councilman Ganta. Upon roll call
vote, said motion CARRIED.
A motion to waive the second reading was duly made by Councilwoman
Crigger and seconded by Councilman Ganta. Upon roll call vote,
said motion CARRIED.
ORDINANCE NO. 775
AN ORDINANCE APPROVING THE REZONING OF LOTS 5 AND 6, BLOCK B,
COLES SUBDIVISION, AS PER MAP IN MAP BOOK 23, PAGE 63, PUBLIC
RECORDS OF VOLUSIA COUNTY, FLORIDA, TO COMMERCIAL AND PROVIDING
AND EFFECTIVE DATE THEREFORE.
The above Ordinance being read in full by City Attorney Joseph
Weaver.
Councilman Severance disqualified himself from voting as he
holds an interest in this bu*iness.
Councilman Wiggins duly made a motion to approve said Ordinance.
Said motion being seconded by Councilwoman Crigger. Upon roll call
vote, said motion CARRIED.
Mayor Armstrong stated the second reading would be held on
August 30, 1972, as it is a zoning Ordinance and must give the
public time to appeal.
OLD BUSINESS
Mayor Armstrong said the July 20, 1972 letter from the Edgewater
Planning Board was due consideration. There were three items
mentioned in their letter to the City Council. (1) A permanent
Bronze plaque will be erected on the new fire complex, showing
year of dedication. Councilman Wiggins agreed that a permanent
plaque would mean more than a little one for their work on
July 4th. Item (2) Board requested that the City Attorney
be present at their meetings. Mayor Armstrong stated thatit
is not feasible at $25.00 per hour to have the City Attorney
at their meetings. If a legal opinion is needed, request it
from the City Council and they will in turn advise the City
Attorney to research the problem. Item (3) Need for a public
meeting with the Planning Board, PTA, City Council, etc.,
Mayor Armstrong aga~n stated that any time the Planning Board
wanted a meeting they should go ahead and meet. If they want
to make a study of a certain project, make the study and then
make the proposal to the City Council for their study.
NEW BUSINESS
Mayor Armstrong announced that the City Council would meet at
5:30 P.M. August 24, 1972 for a budget meeting.
MISCELLANEOUS
Mayor Armstrong announced that the City had sent 11 notices
to the Civic Organizations of Edgewater requesting that they
appoint a member of their organization to a Charter Study
Board to go over the 20 year old present charter of the
City of Edgewater and make suggestions for changes. These
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changes must be adopted by Ordinance 30 days prior to election.
We have many necessary Charter changes which need to be on the
November 7, 1972 ballot.
There being no further business, Councilman Wiggins duly made a
motion to adjourn, being seconded by Councilman Severance.
Time of Adjournment: 9:06 P.M.
Minutes taken by: Cornelia A. Kinsey
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Councilman /J
ATTEST:
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Cornelia A. Kinsey,
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