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03-20-1972 - Regular " u '-> u .. THE CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD MARCH 20, 1972 /\j The Regular Meeting of the City Council of the City of Edgewater, Florida was called to order by MAyor Dana T. "ARmstrong on Monday, March 20, 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 Charles A. Hall City Clerk Cornelia A. Kinsey DEputy City Clerk CArolyn Schedler Police Sgt. N.W. McCall, Sr. APPROVAL OF MINUTES Present Present Present Present Present Present Present Present Present Councilman Severance duly made a motion to approve the minutes of the regular meeting held on March 6, 1972. Said motion was second- ed by Councilman Ganta. Upon roll call vote, said motion CARRIED. A motion to approve the minutes of the special meeting held on March 9, 1972 was duly made by Councilwoman Crigger and seconded by Councilman SEverance. Upon roll call vote, said motion CARRIED. BILLS AND ACCOUNTS GENERAL GOVERNMENT Southern Bell F1a Power & Light City of Edgewater, WAterworks & Sewer New Smyrna, Edgewater Humane Society Dwight's Charles A. Hall Cincinnati Time Recorder Goodyear Service Stores New Smyrna Auto Supplies News Journal Corp. Daytona Beach Paving New Smyrna Motors IBM Gayle Harmon Muriel Ihnken Vo1usia County Public Library Standard Oil Co. C & J Supply Co. Smokey's E1ecteic Burns Janitor Service New Smyrna Police Dept. Bob Potter Piano Tuning Williams Welding Supply Behrens Tractor Co. Edgewater Motors Dana T. Armstrong New Smyrna Commercial Printers Sol-Ray Supplies Eagle-Army Navy Store Wm. J. Bussinger George R. Katez City of Edgewater, Gen Fund Brittingham Hardware New Smyrna Builders Supply Carolyn D. Schedler 140.66 1,115.45 30.00 100.00 13.23 60.00 20.45 35.54 32.28 7.15 23.00 10.28 18.00 4.28 16.00 25.55 894.54 13.60 56.45 7.55 12.00 16.00 1 .80 174.24 14.01 8.20 76.90 4.30 4.15 17.32 21.60 9.06 63.02 63.46 5.00 $ 3,115.07 , r " u '" (.) o ;\) BILLS AND ACCOUNTS, cont WATER & SEWER DEPTS Southern Bell Fla Power & Light City of Edgewater, waterworks & Sewer So. Paint & Wallpaper Complete Welding Service City of Edgewater, Revenue Fund Neptune Meter Co. New Smyrna Builders Supply Brittingham Hardware News Journal Corp. Larry Lawrence Sams Oil Corp New Smyrna Plumbing Supply Conrad Yelvington All State Pipe Supply 40.96 208.72 6.00 6.36 16.40 6.95 8.93 6.43 62.51 13.68 47.50 9.19 42.83 125.40 247.38 $ 849.24 Councilman Wiggins duly made a motion to pay said bills and account$, being seconded by Councilman Ganta. Upon roll call vote, said motion CARRIED. OFFICERS REPORTS Certifications of Posting Clerk's Cash Statement for Feb, 1972 Police Report, FEb. 1972 General Fund Budget, Feb, 1972 COMMUNICATIONS A request from the National Student Opportunity, Inc. to solicit magazine sales was read by the City Clerk. Mayor Armstrong stated the City Attorney has advised the Council that they cannot stop them from soliciting as long as they register with the Police Department and abide by the conditions. Councilman Ganta duly made a motion to allow the National Student Opportunity, Inc. to solicit. Said motion was seconded by Council- woman Crigger. Upon roll call vote, said motion CARRIED. The City Clerk read a letter from Mrs. Sam Taylor requesting signs reading "Caution Children at Play" to be placed on Hardin Place. Councilman Wiggins made a motion to turn the letter over to the Police Department to check out the request for signs and report back to the Council. Said motion was seconded by Councilman Ganta. Upon roll call vote, said motion CARRIED. A letter from Mrs. Cecil Goodrich requesting a street light be placed in her front yard was read by the City Clerk. A motion to table the letter until the next workshop meeting was made by Councilman Ganta and seconded by Councilman Severance. Upon roll call vote, said motion CARRIED. An application from George Katez applying for Chief of Police was read by the City Clerk. Councilman Wiggins duly made a motion to have an/ordinance drawn hiring George Katez as Chief of Police providing he does not want to continue as Chief or if the Council does not see fit for him to continue as Chief, that he will be able to return to his posi- tion as patrolman. Said motion was seconded by Councilman Severance. Upon roll call vote, said motion did not carry with Councilwoman Crigger Abstaining and Mayor Armstrong and Councilman Ganta voting No. -2- " u -" (.) o /\.) The City Clerk read a letter from W.B. Glaser requesting permission to continue his questions which he started at the meeting of March 6, 1972. Mayor Armstrong apologized to Mr. Glaser for the interruption at the last meeting and he could continue his questioning during the miscellaneous business during the meeting. ORDINANCES ORDINANCE NO. 747: AN ORDINANCE AMENDING ORDINANCE NO. 663 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, GRANTING THE TM COMMUNICATIONS COMPANY OF FLORIDA A NON-EXCLUSIVE FRANCHISE TO ERECT, MAINTAIN AND OPERATE A CABLE TELEVISION SERVICE BY ADDING THERETO SUB-PARAGRAPH NUMBERED SETION 7. (a) PROVIDING THAT THE COMPANY SHALL HOLD THE CITY HARMLESS AND BLAMELESS FOR ANY LOSS OR DAMAGE CAUSED BY THE CITY OR ANY EMPLOYEE THEREOF ACTING WITHIN THE SCOPE OF HIS OR HER EMPLOYMENT OR ANY EQUIPMENT OF THE CITY TO THE SYSTEM OR ANY PART THEREOF OF THE COMPANY AND BY ALSO ADDING A SUB-PARAGRAPH NUMBERED SECTION 19. (a) PROVIDING THAT THE COMPANY SHALL WITHIN FIVE YEARS FROM JUNE 15, 1972 HAVE CABLE DISTRIBUTION FACILITIES THAT ARE AVAILABLE TO ANY AND EVERY USER OF SAID SERVICE REGARDLESS OF WHERE SAID USER LIVES OR RESIDES OR MAINTAINS A BUSINESS WITHIN THE CITY LIMITS. IT IS THE INTENT OF THIS SUB-PARAGRAPH THAT THE COMPANY SHALL HAVE ITS SERVICE AND SYSTEM AVAILABLE FOR TOTAL DISTRIBUTION IN EACH AND EVERY AREA OF THE CITY OF EDGEWATER WITHIN FIVE YEARS FROM JUNE 15, 0972; PRO- VIDED HOWEVER THAT THE FIVE YEAR REQUIREMENT CONTAINED IN THIS SUB-PARAGRAPH SHALL APPLY TO ANY SUBSEQUENTLY ANNEXED TERRITORY BEGINNING WITH THE DATE OF SAID ANNEXATION AND FURTHER PROVIDING THAT ALL PARTS AND SECTIONS OF ORDINANCE NO. 663 SHALL BE AND REMAIN IN FULL FORCE AND EFFECT, AND PROVIDING AN EFFECTIVE DATE THEREFOR. Councilman Severance duly made a motion to adopt the said Ordinance, being seconded by Councilman Wiggins. Upon roll call vote, said motion CARRIED, with Councilman Ganta voting No. 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 with Councilman Ganta voting No. Councilman Wiggins duly made a motion authorizing the Mayor and City Clerk to expedite the agreement implemented in the Ordinance passed. Said motion being seconded by Councilman Severance. Upon roll call vote, said motion CARRIED with Councilman Ganta voting No. A representative from the TM Communications present at the meet- ing, answered questions concerning cable TV from people in the audience. NEW BUSINESS Councilwoman Crigger duly made a motion to waive the Four (4) month waiting period on Blue Cross Blue Shield Insurance for new employees. Said motion was seconded by Councilman Ganta. Upon roll call vote, said motion CARRIED. A motion was duly made by Councilman Wiggins for the Police Depart- ment to enforce the Ordinance pertaining to unauthorized trailers being parked in places other that designated trailer parks. Said motion was seconded by Councilman Severance. Upon roll call vote, said motion CARRIED. MISCELLANEOUS Mr. Paul Wall, Fire CHief, announced the ground breaking for the new Fire Department would be on Sunday, April 9, 1972. Mr. Walls also reminded everyone the bicycle registration would be in the month of April on Saturdays. -3- IF U . ...,. u '-> /\) Councilman Ganta duly made a motion to donate $150.00 to the New Smyrna Beach Senior High Band for purchasing uniforms for the band members. Said motion was seconded by Councilwoman Crigger. Upon roll call vote, said motion CARRIED. Mr. Glaser continued his questioning regarding the Chief's dis- missal. Mr. Glaser stated Ordinance No. 148, Section 10-5 and City Code 2-2 states the City Attorney is to draw up an Ordinance by written permission of the Mayor, by a majority vote of the Council, or to be prepared by the City Attorney on his own initiative. Mr. Glaser asked the Mayor how the City Attorney was ordered to prepare the Ordinance firing Chief Dounhoo. Mayor Armstrong stated he went to the City Attorney's office. There being no further business, Councilman Wiggins moved to adjourn, being seconded by Councilwoman Crigger. TIME OF ADJOURNMENT: 9:45 P.M. MINUTES TAKEN BY: Carolyn D. Schedler 7d~/ / Mayor ~~ - 4 / /l/,d;r.ff. . -- 7(,<) -f{,z/ Councilwoman ATTEST: ~ J~~/'k~~ ~ 1Iu- Counc, an' ';j ,r -4-