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10-07-1963 - Regular 1l V ~ '. ~ fl u v REGULAR MEETING OF THE CITY COUNCIL OF THE CITY, OF EDGEWATER" FLORIDA HELD OCTOBER 7, 1963 The Regular Meeting of the City Council of the City of Edgewater, Florida held October 7, 1963 was called to order by Mayor A. Hussey at 7:30 P.M. ROLL CALL Mayor A. Hussey Councilman Carl A. Siller Councilman Stanley A. Seng, Sr. Councilman H. R. Palmateer Councilman Harry S. Drury, Jr. City Attorney Louis Ossinsky, Sr. City Clerk Kathryn B. O'Connell Deputy City Clerk 1-1arie Robinson Police Chief John Deibler Fire Chief C. Fred . Garlick Present Present Present Present Absent Excused Present Present Present Present Due to the illness of Attorney Ossinsky, the following Ordinance was read: ORDINANCE NO. 362 APPOINTING LOUIS OSSINSKY, JR., AS TEMPORARY CITY ATTORNEY FOR THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL ORDINANCES AND PARTS. OF ORDINANCES. IN CONFLICT HEREWITH AND PROVIDING vffiEN SAID ORDINANCE SHALL TAKE EFFECT. Councilman Siller asked Louis Ossinsky, Jr. to make a statement concerning the charges for hiring this temporary attorney. Louis Ossinsky, Jr. said that there would be no extra charge. It would all be included in the regular charges of Louis Ossinsky, Sr. The above ordinance was read in full by City Clerk O'Connell and motion duly made by Councilman Palmateer this ordinance be adopted, seconded by Councilman Seng and passed by vote of the City Council of the City of Edgel'later, Florida at the Regular Meeting of the said Council held October 7, 1963. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Absent Yea Upon motion duly made by Councilman Palmateer, seconded by Councilman Siller the requirement of reading said Ordinance upon second reading was waived and by vote CARRIED. Roll call vote being as follo\'lS:~ Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Absent Yea Motion duly made by Councilman Palmateer this Ordinance be passed on the waiving of the second reading, seconded by Councilman Siller and passed at the Regular Meeting of the said Council held on the 7th day of October, A:..D. 1963 and approved as provided by law. The vote of the said Council being as follows: Councilman Siller CounciJJna.n Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Absent Yea 'I u u ill u u Bids on Water Extensions were read from the following companies. Orlando, Florida "Agricon" Utility, Industrial & Irrigation Pipeline Supplies Davis Meter & Supply Co., Inc. Orlando, Florida }1ueller Co. Chattanooga 1, Tenn. McWane Cast Iron Pipe Company Birmingham, Ala. M & H Valve & Fittings Company Anniston, Ala. Hughes Supply, Inc. Orlando, Florida Johns-Manville Sales Corp. Atlanta, Georgia American Cast Iron Pipe Company Birmingham, Ala. B & H Sales, Inc. Lake Park, Florida James B. Clow & Sons, Inc. Birmingham, Ala. Hoore Utility Supply Company Jacksonville 6, Florida All of these bids are on file in the Edgewater City Hall, Edgewater, Florida. Councilman Siller said that in view of the fact we have eleven bids I move that we turn them over to our engineers for their recommendation and we have a meeting Friday Night, the 11th, to decide on what bids we will accept or if we are going to accept any of them, seconded by Councilman Seng and by vote CARRIED. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Absent Yea The Minutes of the Regular Meeting of September 16, 1963 were presented to each Councilman for his approval. l-fotion duly made by Councilman Seng these minutes stand approved as submitted, seconded by Councilman Palmateer and by vote CARRIED. Roll calL vote being as follows:- BILlS & ACCOUNTS General Fund Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Edgewater Motors Southern Bell Telephone David L. Wiggins Bond-Howell Lumber Co. Comet }~g. Corp. City Auto Supply Florida Power & Light News-Journal Board County Commissioners Prentiss Hardvare Co. Smith's Rexall Pharmacy, Inc. City of New Smyrna Beach Charley's Welding Shop Hazel H. Hassey Nathaniel Dame & Company City of New Smyrna Beach - Utilities Edgar Bros. National Chemsearch Corp. Claude E. Talley Richfield Truck Stop George Stuart Inc. Firestone Stores Lloyd Cox Co. Yea Yea Yea Absent Yea 38.86 88.33 5.09 10.48 24.06 18.55 3.10 25.50 41.80 11.10 11.19 18.00 2.00 3.00 31.70 589.99 41.02 53.17 105.00 4.50 11.60 31.60 3.69 . ii v u u u Water Department News-Journal Southern Bell Paul Ream - reimburse City of New Smyrna Beach - Utilities Prentiss Hardware CO. Edgewater Mfg. Co. 9.10 16.87 3.72 39.36 2.73 6.63 Motion duly made by Councilman Seng these bills be paid and be made a part of the minutes, seconded by Councilman Palmateer and by vote CARRIED. Roll call vote being as follows:- Councilman Siller . Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Absent Yea OFFICERS REPORTS Building Official's Report for the month of September, 1963 was read. Clerk's Cash Statement for September, 1963 was read. Budget Report for September, 1963 was read. The City Clerk explained that transfers will be made at the next meeting. Certification of posting the following items - dated September 18, 1963: A Proclamation providing for the calling.' and holding of a Regular Election of the City of Edgewater, Florida Resolution No. 22 Resolution No. 23 Ordinance No. 359 Ordinance No. 360 Ordinance No. 361 Minutes of the Continued Heeting of the City Council held September 4, 1963 Minutes of the Continued Meeting of the City Council held September 9, 1963 ORDINANCE NO. 363 APPROPRIATING REVENUES TO BE COIJ..ECTED FOR THE WATER DEPARTMENT OF THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, FOR THE FISCAL YEAR BEGINNING NOVElffiER 1, 1963, AND ENDING OCTOBER 31, 1964, TO THE VARIOOS ITEMS OF THE CITY BUDGET. The above ordinance was read in full by City Clerk O'Connell and motion duly made by Councilman Seng 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 l>1eeting of the said Council held October 7th, 1963. Roll call vote being as follows:-- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Absent Yea Upon motion duly made by Councilman Siller, seconded by Councilman Palmateer the requirement of reading said Ordinance upon second reading was waived and by vote CARRIED. Roll call vote being as follows:- CouncilmanSiller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Absent Yea Motion duly made by Councilman Palmateer this Ordinance be passed on the waiving of the second reading, seconded by Councilman Siller and passed at the Regular :Heeting of the said Council held on the 7th day of October A.D. 1963 and approved as provided by law. The vote of the said Council being as follows:- ~ .v (.) o o " Councilman Siller Councilman Seng Councilman Palmateer Councillnan Drury Mayor Hussey Yea Yea Yea Absent Yea COMMUNICATIONS A letter was read from C. Fred Garlick, Fire Chief, requesting $12 to attend State Fire Prevention Conference to be held October 16 and 17, 1963 at Orlando. Motion duly made by Councilman Seng that Fire Chief Garlic~ be given $15 to go to Orlando to the State Fire Prevention Conference, seconded by Councilman Siller and by vote CARRIED. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Hayor Hussey Yea Yea Yea Absent Yea A letter was read from Joseph Emry, Jr., Chairman of the Edgewater Zoning and Planning Board, concerning the rezoning of the following lots from residential to commercial so that the Florida Shores Property Owners Association can erect a building to be used as an Assembly Hall for meetings, recreation and other related purposes. Lots #9867, 9868, 9869, 9870 and 9871 Block #318 Section #11, Florida Shores The Board said since there were no objections from adjoining property owners or other interested parties they recommend to the City Council that the variance be granted. Motion~duly made by Councilman Seng that since the Zoning and Planning Board approved it, the variance on these above lots be granted, seconded by Councilman Palmateer and by vote CARRIED. Roll call vote being as follows:- Councilman Siller Councilman Se~ Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Absent Yea A letter was read from the Travelers Insurance Co. confirming their accident prevention survey made of the City property and equipment. It stated the City hall, Auditorium, Fire Department and Water Plant were found to be well maintained. Several recommendations were made and they are as follows:- 1. Important - the make shift dock built on the end of the City pier and float should be removed. 2. Important - Swimming should be prohibited from the pier and a sign posted to this effect. 3. The washed out area adjacent to the pier pilings should be filled in. 4. The debris of lumber at the end of the pier should be removed. 5. The-mole in the fence adjacent to the slab concrete should be repaired. 6. The grease pit being constructed in the Public vlorks Department should be provided with removable covers to eliminate the possibility of children falling into the pit after working hours. 7. The bleachers located. at the Little League Baseball Field should be provided with back and side railings. TheBe should be provided before next baseball season. . . u u u u They also stated that their files reveal three compensations, one public liability and one vehicle accident reported for this policy period. i I I I Motion duly made by Councilman Palmateer the recommendation of the Insurance Company be complied with. Councilman Siller said that 50 feet on the east end of the Pier belongs to the State. They should fill in these washouts. As far as the other things mentioned in the letter he said he thought the Council should vote to take care of them right away. Councilman Palmateer said the State should be notified about this. Councilman Seng said that at one time the float was away :trom the Bank but someone pulled it back. He said it must have been some adults. Councilman Seng suggested a sign be made that says the city is not liable. Mrs. Helen Grayson said that there is no way you can stop children from swimming in the river. She said the State Department told her the river is polluted. She stated that the Council has never given the children permission to swim there. They just do it. Councilman Siller explained that our insurance company recommended the float be removed. They are as much as telling us that if we do not remove that float they will not be responsible for any insurance. Attorney Ossinsky said you can warn adults of dangers but you can not warn children. If the city allows it to be used, the city could be held liable. Councilman Seng explained that the County owns the road going out to the pier. He said you ,jdo not have to go on to city property to get out to the pier. Councilman Palmateer said the children do go over City Property to get to the pier. Attorney Ossinsky asked who owned the float. :r-1rs. Grayson said a group of adults constructed the float. Attorney Ossinsky said it is not in black and white as you might like it. The City could be a defendant in a law suit. l-1rs. Grayson said Long Dock is ueed by the people in the City. at their own risk. Mrs. Grayson called John Deibler, Police Chief,to the front and asked him if he hadn't warned the children about playing out there. He said he had told some of the children not to play so rough~ He said it is too bad they do not have a good safe place to swim. Mrs. Grayson said that the rocks out on the pier are cove~ed with oyster shells. She said even though the children knO\'1 that, they still intend to swim there. Attorney Ossinsky said by putting a float up there, you are inviting them to swim. Councilman Siller seconded the motion by Councilman Palmateer to comply "lith the requests of the Insurance Company. . II . . . V u u u Mrs. Grayson asked if this insurance covers anyone that falls off the bank into the river. Councilman Seng said he would go along with taking down the float temporarily but said he didn't want to see it taken down permanently. Roll call vote on motion to comply to the requests of the insurance company was as follows: Councilman Siller Councilman Seng Councilman Palmateer Councilman prury Mayor Hussey Yea Nay Yea Absent Yea OLD BUSINESS None NEW BUSINESS The City Clerk asked permission to call the auditor and ask him to make his audit for this fiscal yaar. Motion duly made by Councilman Siller the City Clerk be authorized to call the auditor to start auditing our books for this fiscal year, seconded by Councilman Palmateer and by vote CARRIED. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Absent Yea Mr. David L. Wiggins, Sr. thanked the Council for the light installed at the entrance of Florida Shores. He said it is an asset to Florida Shores. A spectator stated that a suit had been filed in Circuit Court on lots adjacent to the canal east of Riverside Drive between Sanchez Avenue and Hamilton Drive. These peopJ.e do not want buildings built on this property, as it will ruin the view on the river and the beauty of the City. They asked that the city consider taking some action. Councilman Palmateer suggested the City Attorney look into this. Councilman Seng said the question is that this could happen somewhere else on the river front and the Council would have to go into that too. He said he thought that would mean the Council would have to fight for everyone. Mr. Nels Frantzen said that this would be a terrible thing and said it would ruin the only real beautiful thing in the City, the river front. He said it shouldn't just be up to the individuals but some responsibility should be taken by the City. Mr. Dana Armstrong said that the City could intercede since they own the abutting property to it. lofr. John Zeilman asked who was responsible for cutting weeds on Woodland and 30th Street. He also stated in the last Northeaster his corner was flooded. He said his mail box was under water. He asked if anything was going to be done about it. He said the Police Car goes by his home quite often. Why can't someone stop and let us know that they have an interest in it? . , . , .... v u u Councilman Seng said the Chamber of Commerce has approached the Council and asked for $499 for some lights to be used for decorating the Ci ty for ~hriis:tJ!l8~h Mr. Butterbrodt said the Chamber of Commerce is getting great support from all the different organizations in the City for purchasing these lights. Motion duly made by Councilman Seng r/e buy $499 worth of lights for the City but it is to come out of next years budget, after November 1st, seconded by Councilman Palmateer and by vote CARRIED. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Absent Yea ii u Mr. Zeilman asked for an answer on his question about cutting the weeds. Mayor Hussey said he will be down there and see about the weeds. Mayor Hussey recessed this meeting until 7:30 P.M. on Friday, October 11, 1963. Minutes taken by Marie Robinson. 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