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09-16-1963 - Regular . J I ~~ ~ .~.v .; . '-J Q u ... , REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA HELD SEPTEMBER 16TH, 1963 The Regular Meeting of the City Council of the City of Edgewater, Florida was called to order by Mayor A. Hussey at 7:30 P.M. on September 16th, 1963. ROLL CALL Mayor A. Hussey Councilman Carl A. Siller Councilman Stanley A. Seng, Sr. Councilman Henry R. PaJ.ma.teer Councilman Harry S. Drury, Jr. City Attorney Louis Ossinsky, Sr. City Clerk Kathryn B. O'Connell Deputy City Clerk Marie Robinson Police Chief John Deibler Fire Chief C . Fred . Garlick Present Present Present Present Present Present Present Present Present Absent Mayor Hussey explained that there was a table and loud speaker in the front for the benefit of the people in the back of the building. He asked that if anyone has anything to offer he please come up to this table. He asked that the people do not interrupt until all the business is through. Mr. Kirk Gunby: The City of Edgewater Sewage System has had considerable study. Application was filed with the Community Facility Administration, branch of House and Home Finance Agency for a $1,700,000 loan on August 30, 1963. Water and Sewage will have to be,' joined together. He said this Agency will provide what we want provided the City does certain things. The Government Agency was very receptive. City of Edgewater, in ~ opinion, is in excellent financial condition. Location of the City of Edgewater is good. It is close to Cape Canaveral. It is closer to a larger project that is in the making. They feel an obligation to the Communities who feel the impact of these things. They do not want to see this Community in the shape some communites have been in. He said he has done business with the Government before but this is the first time they have gone as strong for such a project. Water & Sewage Revenue Certificates with Utility Tax will retire the issue. There are no assessments. Mr. Tom Groover, Briley, Wild & Associates, said the Government Officials were very receptive in Atlanta. Application has been filed with the Public Health Department. He stated that this is the time for the City to make a committment. The $44,415 loan for planning has to be withdrawn for the bigger loan. Mr. Frank Lenz asked if the bond issue includes FlorIa Shores Area Proposed Water Extension. Mr. Groover: This is paid by the City. the water extension in Florida Shores. with Florida Shores. The City has money set aside for The Sewage System has nothing to do Mr. Lenz asked how they can split the $1,700,000 bond issue. Mr. Groover: $377,000 is::et aside by House and Home Finance Agem?y to payoff the present water certificates. They have agreed to exchange like amount of Bonds for new bonds. Construction cost on Sewage will be the remainder. He explained that this is a separa:te bond issue. ~ . It '..v u v u Attorney Ossinsky said that Mr. Groover will accept an invitation to speak at the Florida Shores Property Owners Assoc. at a particular time. He asked that Mr. David Wigginsl President of this Associationl make arrangements with Mr. Groover. Mr. Irving Tarnopol: I don't want to see the Council go into debtl get us in more trouble. Motion duly made by Councilman Palmateer a letter of assurance be sent to Briley 1 Wild & Associates saying they will be paid if and when money is received from Governmentl 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 Yea Yea Mr. Tarnopol asked that the city attorney go over all of this and see that there are It> loopholes. RESOWTION NO. 22 WITHDRAWING REXtUEST FOR ADVANCE OF $441415.00 UNDER PROJECT NO. P-FLA-3Dl1 CONTRACT NO. H-302-l2881 FROM THE UNITED STATES OF AMERICA ACTING BY AND THROUGH THE HOUSING AND HOME FINANCE ADMINISTRATOR1 FOR THE PROPOSED CONSTRUCTION OF SEWER FACILITIES. The above Resolution was read in full by City Clerk O'Connell and motion duly made by Councilman Palmateer the Resolution be passedl seconded by Councilman Seng and passed by vote of the City Council of the City of Edgewater 1 Florida at the Regular Meeting of the said Council held September 161 1963. :Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Yea Yea ~ttorney Ossinsky advised that one cop,y of this Resolution be sent to Atlanta vr.i.th letter of transmittal. The Original should be on file at City Hall. The cop,y of the Resolution should be certified. The Ivfinutes o~ the Conti:lUed Meeting of September 4thl 1963 were presented to each. COunCllman for his app:oval. Motion duly made by Councilman Seng these m1nutes stand approved WJ..th the exception of one thing: It was stated at this meeting that $10 deposited for new connection was for meter. That is ~correctl it is a security bond. He asked that this be corrected. The motlon was seconded by Councillnan Siller and by vote CARRIED. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Yea Yea . . "..u u u u BIIJS & ACCOUNTS Water Department Florida Power & Light Hughes Supply of. Orlando The Permutit Company Neptune Meter Company 170.90 18.89 12.42 11.45 68.66 50.00 5.36 2.85 5.51 1.29 16.91 444.44 General Fund Florida Power & Light Troup Gas & Appliance Smith's Pharmacy, Inc. City of Edgewater Lloyd Cox Company Volusia Tractor & Implement Co., Inc. Volusia Communications Service Gulf Oil Corporation Motion duly made by Councilman Palmateer these bills be paid and be made a part of the minutes, seconded by Councilman Siller and by vote CARRIED. Roll call vote'being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Yea Yea OFFICERS REPORTS Police Report for the month of August, 1963 was read. Certification of posting the following items was read: Clerk's Cash Report for August, 1963 Budget Report for August, 1963 Minutes of the Regular Meeting of the City Council held August 19th, 1963 The Minutes of:~the Continued Meeting of September 9th, 1963 were presented to each Councilman for his approval. Motion duly made by Councilman Seng these minutes stand approved as corrected, seconded by Councilman Siller and by vote CARRIED. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Yea Yea COMMUNICATIONS A letter was read from Briley, Wild & Associates submitting four copies of the Advertisement for Bids (undated) and four copies of the specifications and bid documents for the materials required for the Edgewater Water 1963 Extension ProgWam. Attorney Ossinsky said there would be no bid bond on this. .. .' :V <.; ~ v v Motion duly made by Councilman Seng the bids be advertised and must be ~- in City Hall by the 4th day of October, Friday, by 4: 00 P.M. They should be advertised once this week, once next week and once the following week. That is three insertions in the paper, seconded by Councilman Drury and by vote CARRIED. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury l>fa,yor Hussey Yea Yea Yea Yea Yea A letter was read from D. C. Ketcham asking us to refer to letter dated August 20, 1963. This letter asked the Florida Fish and Game Commission for their comments on the possible harmful effect on fish or other aquatic life which could result from the use of 2, 4-D to control weed growth in a system of Drainage ditches. He presented a letter from the Game and Fresh Water Fish Commission stating that 2,4-D is one of the safest herbicides that can be used in aquatic habitat. Councilman Siller thanked Mr. Ketcham for looking into this matter. He said the Council will keep this in mind. Mayor Hussey also thanked Mr. Beach fer looking into this. Mr. Ralph Beach said this would cost about $3 an acre for spraying. It kills the weeds, etc. and thl(n they sink to the bottom and disintegr.a:te;!. He said it sounds "ery good. RESOWTION NO. 2.3 PRESCRIBING THE FORM OF THE APPROPRIATION ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA. The above Resolution was read in full by Attorney Ossinsky and motion duly made by Councilman Seng the Resolution be passed, seconded by Councilman Siller and passed by vote of the City Council of the City of Edgewater, Florida at the Regular Meeting of the said Council held September 16, 1963. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Yea Yea ORDINANCE NO. 359 APPROPRIATING REVENUES TO BE COLLECTED FOR THE CI'lY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, FOR THE FISCAL YEAR BEGINNING NOVEMBER 1ST, 1963, AND ENDING OCTOBER 31ST, 1964, TO THE VARIOUS ITEMS OF THE CITY BJDGET. The above Ordinance was read in full by Attorney Ossinsky and motion duly made by Councilman Siller this ordinance be adopted, seconded by Councilman Palmateer and passed by vote of the City Council of the City of Edgewater, Florida at the Regular Meeting of the said Council held September 16th, 1963. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Yea Yea .. " :~ u u v Motion duly made by Councilman Palmateer seconded by Councilman Drury we wait and take this ordinance up on second reading and by vote CARRIED. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Yea Yea This Ordinance was read fol' the second time. Motion duly made by Councilman Palmateer this Ordinance be passed on the second reading, seconded by Councilman Drury and passed at the Regular Meeting of the said Council held on the 16th day of September, A.D. 1963 and approved as provided by law. The vote of the said Council being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Yea Yea Mr. Ralph Beach asked about the concrete break wall down at the City Park at the foot of Florida Shores. Councilman Siller said $7,000 was set aside in Capital Out Lay in the Budget. It could come out of this Division of the Budget. ORDINANCE NO. 360 PROVIDING THAT LANDS LYING EASTERLY OF RIVERSIDE DRIVE WITHIN THE CITY LIMITS OF THE CITY OF EDGEWATER, FLORIDA, SHALL BE INCLUDED IN THE ABUTTING VarING DISTRICTS WEST OF RIVERSIDE DRIVE, AND REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH, AND PROVIDING WHEN '!'HIS ORDINANCE SHALL TAKE EFFECT. The above ordinance was read in full by Attorney Ossinsky 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 Meeting of the said Council held September 16th, 1963. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Yea Yea Upon motion duly made by Councilman Siller, seconded by Councilman Seng the requirement of reading said Ordinance upon second reading was waived and by vote CARRIED. Rol~ call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Yea Yea The title of this Ordinance was read again by Attorney Ossinsky. '. ':V u u v Motion duly made by Councilman Seng 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 16th day of September, A.D. 1963 and approved as provided by law. The vote of said Council being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Yea Yea ORDINANCE NO. 361 PROVIDING FOR THE APPOINTMENT OF SPECIAL COUNSEL FOR THE CITY OF EDGEWATER, FLORIDA, IN THE EVENT OF THE AffiENCE, DISQUAL- IFICATION,. ILLNESS OR OTHER INCAPACITY OR EVENT, MAKING IT IMPOSSIBLE FOR '!HE DULY APPOINTED CITY ATTORNEY TO PERFORM ANY. OF HIS OFFICIAL DUTIES FOR THE CI~ OF EDGEWATER, FLORIDA. The above ordinance was read in full by Attorney Ossinsky and motion duly made by Councilman Palmateer this ordinance be adopted, seconded by Councilman Drury and passed by vote of the City Council of the gity of Edgewater, Florida at :.the Regular Meeting of the said Council held September 16th, 1963. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Yea Yea Upon motion duly made by Councilman Palmateer, seconded by Councilman Drury the requirement of reading said Ordinance upon second reading was waived and by vote CARRIED. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer CounciJ..ma:n Drury Mayor Hussey The title of the Ordinance was read again by Atto~y Ossinsky. Motion dUly made by Councilman Siller this Ordinance be passed on the waiving of the second reading, seconded by Councilman Seng and passed at the Regular Meeting of the said Council held on the 16th day of September AlD. 1963 and approved as provided by law. The vote of said Council being as follows: Yea Yea Yea Yea Yea Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Yea Yea i, Iii .~U , u u u A PROCLAMATION PROVIDING FOR THE CALLING AND HOLDING OF A REGUIAR ELECTION OF THE. CIIT OF EDGEWATER, VOWSIA COUNTY, FLORIDA. Councilman Siller clarified that this Proclamation goes into effect regardless of what the outcome of the Supreme Court findings. Motion duly made by Councilman Siller this Proclamation be adopted, seconded by Councilman Seng and by vote C/lRRTRI1. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Yea Yea Mr. Stanley Tizzard was present at the meeting. He asked that he be given permission to close the west end of Parkwood Lane. Councilman Siller asked Mr. Tizzard what type of wall he planned on putting up. Mr. Tizzard said it was cement blocks. Councilman Siller asked if the wall could be removed if necessary. Mr. Tizzard said 'ryes". Attorney Ossinsky suggested that if Mr. Tizzard asked City for permission the Council could vacate 5 feet, then it. would revert back to the property owner, Which he is. He said as long as it is a street, he doesn't think the Council has the right to block it off. A letter was presented to the Attorney that was written to Mr. John Swartz, and he had been phoned two times, asking him to Contact the council but he never did. Attorney Ossinsky said the City must reserve easements on this street, for utili ties only. If Mr. Swartz does not want to do things right and come to the Council and discuss this the city could vacate this area and reserve easements. Motion duly made by Councilman Seng the City Attorney be authorized by Council to draw up Ordinance vacating three feet westerly of Parkwood Lane with utility easements. Died for lack of a second. Attorney Ossinsky suggested the Mayor appoint a committee to look into this. Councilman S@ng withdrew his previous motion and made a motion that a committee be appointed by the Mayor to look into this request from Mr. Tizzard and have a report at the next meeting, 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 Yea Yea Mayor Hussey appointed Councilman Seng and Mr. Adolph LaBonde, Building Official, to be a committee of two to look into this matter as requested by Mr. Tizzard. 'vJ/f) \0' \ (\- , :.l; . u u u NEW roSINESS Attorney Ossinsky: House Bill 2155 has been declared invalid by Circuit Court Judge Warre~ Jackson. Two individuals have taken it to the Supreme Court. September 23,.1963 is the earliest date for an answer. On September 23, 1963, 9:30 A.M. with Robert Matthews as Council, this will be brought up in Tallahassee, Florida. Attorney Ossinsky said the only reasonable possibility of getting up there is by air taxi.. Councilman Siller said he discussed this with Attorney Ossinsky Saturday Night. He said he can't see why the City has to go to Tallahassee regarding this issue. This issue is between Mr. May-, Mr. Armstrong and the findings of Judge Jackson. When the case came up before Judge Jackson the city pleaded neutrality. Why JIDlst we go now? Attorney Ossinsky said it ix our duty to support the decision of Judge Jackson. Councilman Siller: Why 'Wasn't the City obligated to support this bill that came from Tallahassee? Attorney Ossinsky: We didn't know anything about this Bill until it was passed in Tallahassee. Councilman Siller: Our budget has to be watched very closely. Is. it necessary for you to be there? Attorney Ossinsky: If you do not want me there that is Ok. We should be represented there. Motion duly made by Councilman Palmateer sufficient funds be granted for Attorney and May-or to go to Tallahassee and represent the City in this matter. Attorney Ossinsky explained that a declaratory suit was filed by David ) L. Wiggins. The Court has handed down a decision. Bill 2155 was found to be invalid. Two individuals have entered into this and decided to take it to the Supreme Court, which they have a right to do. We should be there. When we took it to Judge Jackson we wanted to get guidance and instruction on this. We were told it was invalid. Mrs. Peck askedwhy it was taken to Judge Jackson. Attorney Ossinsky explained that he is one of the Judges in this District. When this came up it was handed to Judge Reagle who in turn gave it to Judge Jackson to be heard. Mrs. Helen Grayson asked the Council "who makes the laws in this City?" She asked who wrote Bill 2155. Attorney Dssinsky said Fred Brannon takes responsibility for it. Mrs. Grayson said he is not a citizen of the City of Edgewater. Attorney Ossinsky said Mr. Brannon is not a citizen of Edgewater but has the right to draw this up for someone in the city. MBs. Grayson asked, "Don't the people in Edgewater have the right to know who submits these bills that we will have to be governed by?" ~? ~I ~\ J . t. :.V v o u Attorney Ossinsky: Every city is a child of the Legislature. Mrs. Grayson: If it becomes law do we have the right to know who drew it up? Mrs. Grayson asked about an article in the paper that had many errors in:o.it. She said she asked Marie Goodrich if she had written it and she said she didn't. She asked the Attorney's reason for taking Bill 2155 to the Circuit Court. Attotney Ossinsky said he called to the attention of the Council the vagueness of the Act. He said he didn't know what to do about it. He said he suggested a declaratory decree. This would determine one;, way or the other. Mrs. Grayson said that there are less than 5% of the people of Edgewater here. If the paper does not print what happens here the people will not know. We will soon have an election here and the paper should know what is going on. Attorney Ossinsky said he never believed what is in the paper. :Hr. Joseph Blauvelt said the attorney was asked to take steps of finding out about Bill 2155. He said he could see no reason why the attorney should not be allowed to follow through. Mayor Hussey explained that a motion was made to go t'o Tallahassee on the matter of this Bill 2155. He stated t.hat there was no second to the motion. He then appointed Councilman Seng to act as Mayor for this oreer of business. Mayor Hussey then seconded the motion by Councilman Palmateer to allow funds for the trip to Tallahassee. Roll call vote being as follows:- Councilman Siller Councilman Palmateer ,Cquncilman Drury Acting Councilman Hussey Acting Mayor Seng Nay Yea Yea Yea Nay The City Clerk asked permission to reinvest $18,000 in Treasury Bills. She said no resolution at this time is necessary as Section #2 of a previous resolution,} dated February 18, 1963 covered this authorization but said she would like a motion made giving her the authority to do this. She said she called the Bank of New Smyrna and she said the term of 3.55% seemed the best term. Motion duly made by Councilman Siller that the City Clerk reinvest $18,000 of Treasury Bills at the rate of 3.55% interest, 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 Yea Yea Attorney Oxsinsky explained utility tax, as at a previous meeting he thought some of the people did not understand it. Utility Tax was a tax on utility used and the city could use it for anything, even a pledge against water revenue certificates. In no way has this tax a bearing to be used to extend utili ties in the City. Mr. Blauvelt said that this utility tax is pledged to the Water Department and that presents a different picture. ~) <\' \~ ' .. ;;.....u "r' '" " ~ (..l. J .,. " Attorney Ossinsky said it can be used by governmental authorities as a pledge or otherwise. Mr. Robert Matthews asked why it was necessary to pass this ordinance putting certain people on the river front in voting districts, as this was included in Bill 2155. Attorney Ossinsky said this was provided for in the City Charter. He explained that these people have always been given the right to vote but it just never was done by ordinance. Mr. Matthews said that was what he wanted to know but thought it should be explained to all the people. Mr. Matthews explained that he had a conference with Attorney Ossinsky concerning Florida Shores canals, buffer strip, lakes and easements. He stated an assignment deed should be made to the City on these lakes, ditches, and buffer strip and the city would accept this. From that period on they would be maintained by the City. He said that Mr. Moynahan is out of town aDi will be back SaturdB\V. As soon as this information is received, the City can do something. Mr. Peck asked about the paving of the street he lives on. He said right now 25 or 30 cars an hour go over this street and he felt it should be paved. He said he had talked to May'or Hussey and Councilman Palmateer about it. before. He said he had talked to the whole council about it with the exception of Councilman Drury who is taking the place of Councilman Kennedy . Mayor Hussey said all he could do is contact the County again. He said he believed the County would go along with paving it. There being no further business motion duly made by Councilman Palmateer, seconded by Councilman Drury this meeting be adjourned. There were no objections. Minutes taken by Marie Robinson. Time 10:00 P.M. r ~~~ ffi ~ . Yvrt-., 4. 1A-' Councilman . d--e-~ Councilman - A~T: /.2 ,0 \ IJ i/7 -/~ 1"" , r)' J 2i~f:rk * (Advertisement placed in paper by Briley, Wild & Assoc. - time of opening, incorrect - being changed to proposals will be received until 4:00 P.M. EST, October 7, 1963 to be publicly opened and read aloud at Regular Council Meeting held at 7:30 P.M., October 7, 1963.) ~/~l C\/\