Loading...
09-09-1963 - Recessed/Regular .. ,. .v v .. CONTINUED MEETING OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FlORIDA HELD SEPTEMBER 9, 1963 u " U The Continued 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 9, 1963. ROLL CALL Mayor A. Hussey Councilman Carl A. Siller Councilman Stanley A. Seng, Sr. Councilman Henry R. Palmateer Councilman Harry S. Drury,' Jr. City Attorney Louis Ossinsky, Sr. City Clerk Kathryn B. O'Connell Deputy City Clerk Marie Robinson Deputy City Clerk Helen Jones Police Chief John Deibler Fire Chief C . Fred Garlick Present Present Present Present Present Present Excused. Present Present Present Present A letter was read from Louis Ossinsky, Sr. to Mrs. Kathryn B. O'Connell, City Clerk, advising her that no action should be taken with reference to House Bill #2:155 until the Circuit Court. has passed on it, for the reason that it might cause considerable confusion if Petitions were signed prematurely. Attorney Ossinsky explained that the Bill #2:155 was filed with William Jackson, Circuit Court. Within 48 hours we:'will have decree of court. I have suggested that if same is delayed my opinion will perhaps change. To act one way or the other would just cause frustrations. Motion duly made by Councilman S~ng we hold off issuing petitions until Thursday of this week, seconded by Councilman Siller and by vote CARRIED. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey OLD BUSINESS Yea Yea Yea Yea Yea Motion duly made by Councilman Seng we deny the request of Electric Service to permit the working of a Journ~ Electrician on a temporary permit, 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 Attorney Ossinsky read a letter from David L. Wiggins, Sr., President of the Florida Shores Property Owners Assoc., requesting an amendment to the present zoning ordinance. This new amendment would be enforceable by the City of Edgewater. Councilman Siller thought this had been brought up before. " " v (.) v v ]'1otion duly made by Councilman Drury an amendment to ~he Zoning Ordinance be drawn up to conform with the by-laws requested in the letter from David L. Wiggins, Sr., President of the Florida Shores ProPerty Owners Assoc., 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 Concerning a letter from the Florida Shores Property Owners Assoc. dated August 16, 1963, Mr. Ossinsky asked if there was anything to come up at this meeting. Mr. Wiggins asked if the Budget was final. Councilman Siller said the Budget was final but had not been presented at a Regular Meeting. Mr. ~'liggins said that when it is final he would like an answer to this letter. Concerning the lot cleaning ordinance, Attorney Ossinsky said there are a few lines that have to be clarified. He said the ordinance would have to be amended to cover the height of weeds, if it is to be enforced. Until that is done it could not be~enforced. Motion duly made by Councilman Palmateer the Ordinance on weeds be amended to specify the height of weeds and the height will be inserted after the ordinance is drawn up, seconded by Councilman Drury and by vote CARRIED. Roll call vote being as follows:- Councilman Siller C.ClUncilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Yea Yea Attorney Ossinsky explained that assessment liens are secondary liens. Advalorem taxes and city taxes come first and assessment taxes come second. Mr. Ossinsky explained that, just because you have a lien it doesn't mean you have money in the bank. Attorney Ossinsky read a letter he had written to John Moynahan and a letter he received from John Moynahan. Concerning easements on canals, there are 25 foot easements onthe rear. On the earlier deeds it ms 10 foot easements. Where canals were installed later they were changed to 25 foot easements. Mr. Moynahan said he was prepared to dedicate lakes to city on city request. Attorney Ossinsky said a gentleman came up to him the other day and said he owned a lot that had a lake on it. Attorney Ossinsky said this lake is privately owned. This man paid a good price for it. The City would have no authority to go on that property. He said he didn't know if the canals on the Florida Shores map are really where they are on the map. . " v o Q . u They could be 50 feet off. Itccould be private or it could be public. He said he understood Mr. Talley had a lot to do with this. We must see if these canals are the same canals as the canals on plat of record. We must see if we can go down these easements for this express purpose. We must see if the bumper strip is turned over to the City. If we get these details, we could make some progress. Councilman Drury said they should start cleaning the canals before we have a hurricane. Attorney Ossinsky said that finding out this information would only take about two weeks. Councilman Drury stated that at the August 5th meeting a motion was made to advertise for bids for cleaning canals in Florida Shores and Councilman Siller had seconded it. It has not been done. (No+'__ no sec:.o.....v Councilman Seng: I was very much disappointed when I got back that no work had been done. I thought the man had been hired. I understand that he could not put up a performance bond. He was willing to put up his equipment for his bond. Councilman Drury had seen the work this man had done. Councilman Drury: The Council agreed that he must present a performance bond. We should have gone to the second bid. Councilman Siller to the Attorney: Can the Council accept equipment or property as a bond? Attorne,y Ossinsky said it would depend on the terms on the bids. Usually it is a surety bond. If you acc~pt property, that leads to extra problems. Councilman Siller said the man said he would put his equipment up for the bond. I am sure his equipment was worth more than the job. He said he couldn't see why equipment couldn't be the bond. Attorney Ossinsky said he thought this was turned over to Tom Groover. Councilman Seng said there was no performance bond stated in the advertisement for bids. Attorney Ossinsky suggested a conference call between Robert ~~tthews, John Moynahan, the Mayor and himself. Attorney Ossinsky was told that Robert Mattlews would be to the meeting in a few minutes and he should know something about this matter. Attorney Ossinsky explained assessment liens for the benefit of Councilman Drury who had requested him to do so. Assessment liens are secondary and not advantageous. He said that people who wanted water should make an application and pay for application so work can be done at one time. Councilman Siller asked if there shouldn't be some kind of a system so not everybody comes in for an application. 1Ii fI v (.> (.) o Attorney Ossinsky said it would just be the ones who would get the water. Attorney Ossinsky said from a legal point of view, and he has handled lie~s for over 40 years, they are not too good. Assessment liens are secondary liens. He said the first lien you pay is County, then City and next the assessment lien. Nobody likes to take?property away from widows and families. No Councilman would agree to that. He said that is what brought in the pay as you go plan. It brings in utility taxes. Some assessments will work out and some wont. That is how the Murphy Act came into being. These kind of liens are not too popular. Councilman Drury said the people in Florida Shores pay utility tax and have no utilities. It will be years until they get them. Attorney Ossinsky said if he lived in Florida Shores he would be anxious too. I hope something is done shortly. Mrs. Robert Maxwell: Some people have been living in Florida Shores seven years. I have been there four years. We pay taxes to the City. Do I have to have a special assessment to have improvements? Why not take some of the utility tax and'..lUse it! She asked who brought up this assessment. The Council told her the other night Mr. Robert Matthews brought it up. Mrs. Maxwell: I do not know Mr. Matthews but he doesn't live in Edgewater. Shouldn't we get some improvements for the taxes we have paid the last four years? Councilman Siller said an assessment would be to supply water to all of Florida Shores. He said that this was just a suggestion that was made. Mrs. MaXwell stated that Councilman Drury had brought up something about assessments. Councilman Drury: The town will have to grow. He said we are talking about assessments on all property and lots in Florida Shores. Mrs. Maxwell: They have raised the taxes on my property but not on the lots. She said she went to the tax office and they told her "the more houses the more taxes.1I Mrs. Charles Thompson, Travelers Palm Dr., Florida Shores said she is ashamed to have her family visit her for fear of the ruts in the roads. Motion duly made by Councilman Seng that if Mr. Matthews is not here by the closecof this meeting, Attorney Ossinsky be advised to have a conference call with Mr. John Moynahan, Mr. Robert Matthews and the Mayor concerning these matters in Florida Shores, seconded by Councilman Drury 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 Ossinsky said concerning his trip to Atlanta, there is a provision of law that would allow an exemption from tax for ct.he City which in this case would amount to the fee for one persons transportation. .. j. u v u .u Motion duly made by Councilman Seng the Clerk draw up the check for the trip to Atlanta for 1-1r. Gunby, Mr. Groover, Mr. Ossinsky and Mayor Hussey, seconded by Councilman Palmateer and by vote CARRIED. Roll call vote being asfollows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Yea Yea Councilman Seng announced that the Council has come to a conclusion on the attorney's salary. vie will pay the attorney a salary of $2,500 and pay him $1,500 for drawing up the City Charter. He stated we have already paid him $500 for the Charter so the total due Mr. Ossinsky is $3,500. Mr. Frank Zuhr asked each Councilman and the Mayor if they had read the ordinance that was dra"Wl'l up to hire Mr. Ossinsky. Councilman Siller: I asked Mr. Ossinsky at the first meeting he attended if he was familiar with our City Charter and he said he was. I asked on future dates about his salary and was told it would be taken care of. Councilman Seng: I know what the Charter reads about salaries. A lot of unexpected work has been done. I think the price we agreed upon was nominal. Councilman Palmateer: I feel the same as Councilman Seng. We were very lucky to get by with that salary. I have read the Charter and Ordinance forty times. Councilman Drury: I read it. I think, for the work done, he is not being over paid. Mayor: I have read the Charter over many times before I took office here. The agreement we came to is fair. We have been very fortunate to get the work done that was done. In our Charter it doesn't specify the amount the attorney can be paid. We can raise this at any time. If you analyze your charter you will see this. Council can pay on Regular Meetings at rate that they chose. Mr. Zuhr: Charter specifies the amount should be mentioned on the hiring of the Attorney. Why was it left out? Attorney Ossinsky: It was deferred. Is there anything that says it can not be deferred? Mr. Zuhr: Was there any ordinance passed where salary wasn't mentioned for anyone hiredin the City? Councilman Palmateer: I don't recall it. Mr. Zuhr: Why in this case? Councilman Seng: At the time we had no idea on the amount. I feel we are very fortunate to get Mr. Ossinsky at this fee. Mr. Zuhr: Wasn't it always mentioned in past ordinances? He was addressing Mr. Seng. v u u n U r Councilman Seng: I couldn't possibly say. I think your questions are completely unjust. Mr. ZUhr: Mayor Hussey 1 do you lmow of any other ordinance so drawn up? " Councilman Seng: What is he talking about? Mayor Hussey asked Mr. Zuhr to come up front and find in the Charter where the City Council must set the attorney's salary when he is hired. Attorney Ossinsky explained that the City Charter said the Council ~ set the attorney's salary but it does not say they ~ set the attorney's salary, when he is hired. If it said ~ it would be different. Mr. Zuhr: Why did it take so long to come to this decision? Attorney Ossinsky had his blank statement of work done and asked Mr. Zuhr to look at it. Councilman Seng: We hired an attorney before we hired Mr. Ossinsky. Do you lmow"What his charges were? YOlll go back and look and see and you will find he was paid a lot more because of the work he did. Mr. Zuhr: You could have set a salary and heGcould have sent a bill for other:",tWmgs that were done later on. * Motion duly made by Councilman Seng we pay Attorney Ossinsky a salary of $21500 and pay him -$11500 for .drawing up the Charter. We have already paid him $500 so the balance due him is $31500. This . payment goes through November 61 1963. Motion seconded by Councilman Drury and by vote CARRIED. Roll call vote being as follows:- Councilman Siller Nay I was not in accord with this at our Saturday Night meeting. Councilman Seng Councilman Palmateer Councillnan Drury Mayor Hussey Yea Yea Yea Yea There being no further business motion duly made by Councilman Seng we now adjournl seconded by Councilman Siller. There were no objections. Minutes taken by Marie Robinson. Time 8:55 P.M. * Changed to: Fee for Retainer 1 Meetings & Charter conference with Mayor & Council September 71 1963 from Januaryl 1963 to November 61 1963 $ 41000.00 May 71 1963 --paid 500.00 as per telephone for period $ 31500.00 <G u u v . . , . (. ~...if.M~ ~ ,{{~&/A ~tG ,/Counc~ r II . ~ T I .. , \. / r. . Councilman ~ " / I.. , /1 ... I ~ \ I flR/~,... Councilman ~ ~ ;; , ~ . Councilman ~ -'"l - ATTEST: ....... ~~/. eputy City Clerk