Loading...
08-05-1963 - Regular ~.,~ u u REGUIAR MEETING OF THE CITY COONCIL OF THE CITY. OF EDGEWATER,. FIORIDA. _ HELD AUGUST 5, 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 August 5, 1963. ROLL CALL Mayor A. Hussey Councilman Carl A. Siller Councilman Stanley A. Seng, Sr. Counc; , m~ Henry R. Palmateer Councilman Harry S.' Drury, Jr. City Attorney Louis Ossinsky, Sr. City Clerk Kathryn B. O'CoIUlell Deputy City Clerk Marie Robinson Police Chief John Deibler Fire Chief C. Fred Garlick Present Present Excused Present Present Excused Present Present Present Present The Minutes of the Regular Meeting of July 15th, and the Special Meeting of July 31st, 1963 were presented to each Councillnan for his approval. Motion duly made by Councilman -Siller these minutes stand approved as submitted, 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 Excused Yea Yea Yea BIU,S & ACCOUNTS General Fund , Charley's Welding Shop 3.00 Dwight's 109.25 Prentiss Hardware Co. 37.91 Electric Service of New Smyrna. Beach 6.00 City Fire Protection Service 1.50 Bond-Howell Lumber Co. 31.59 City Auto Supply ll.44 Rowland Truck Equipment, Inc. 23.70 Volusia Tractor & Implement Co., Inc28.53 Edgewater Manufacturing Co. 102.95 Hill Manufacturing Co. 143.00 DuCor Supply 153.08 The E. O. Painter Prin,ting Co. 17.50 Katherine S. Odham 85.00 TeImant ~ting Co. , 22.45 Sewickley' ~ Restaurant 36.00 Hanson & McCallister, Inc. 40.00 Ferguson's ,Richfield Truck Stop 4.50 New Smyrna. Builders Supply 90. 8.40 Edgewater Motors 186.66 Standard Oil Co. 53.20 Nathaniel Dame & Co. 21.10 The Baker & Taylor Co. 20.60 New England Advertising 1.00 Savey's Photo Center 2.04 Southern Bell Telephone Co. 84.13 Hazel H.' Massey (1 ream bond paper) 5.67 v r,lI - u' u 1 U City of New SJI\YTD.8. Beach-Utilities 544.03 Hazel H. Massey (trip to Daytona Beach) 3.00 Briley, Wild & Assoc. 100.00 Eugene Smith (welding on Garba~e truck) 20.00 George Stuart, Inc. 6.50 Design Metals Inc. (traffic signal) 4,231.00 Thelma Hennig (reimburse for . cleaning supplies) 2.31 Water Department w. H. Curtin & Co. The Permutit Co. Hughes Supply, Inc. Charley's Welding Shop Dwight's Prentiss Hardware Co. Briley, Wild & Assoc. All State Pipe Supply Co. Badger Meter Mfg. Co. City of New SJIG'Tna Beach- Utilities Dept. Southern Bell Telephone Co. Paul Ream (for telephone bill) National Cash Register Co. r Addressograph-Multigraph Corp. 18.50 206.00 85.75 7.50 19.44 3.41 170.00 32.55 196.51 37.84 17.77 3.72 94.60 1.61 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 Prury Mayor Hussey OFFICERS REPORTS Yea Excused Yea Yea Yea The Library Report for the month of July, 1963 was read. The Building Official's Report for the month of July, 1963 was read. Certification of posting the following items on July 18th, 1963 was read: Minutes of the Regular Meeting of July 1, 1963 Ordinance No. 355 Ordinance No. 356 Resolution No. 19 Budget Report for June, 1963 Clerk's Cash Statement for June, 1963 Certification of Posting the following items on August 1, 1963 was read. Ordinance No. 357 . Resolution appointing Calvin Langford as patrolman Resolution declaring results of Special Election held in the City of Edgewater on July 30, 1963 Canvass of Election held in the City of Edgewater Clerk's Cash Statement for the month of July, 1963 was read. Budget Report for the month of July, 1963 was read. r~-- .- --... :0 u \"J 'I U COMMUNICATIONS A letter was read from Kingman-Carpenter Agency, Inc. stating that they were unable to obtain the $7,400 Contract bond from J. B. Martin. A letter was read from the Board of County Conmrl.ssioners notifying the City that the Board of County Commissioners adopted its tentative budget July 18, 1963 ahd set the date for its final adoption on . August 8th at which time the tax levies of the year 1963 will be assessed. They asked that our millage request for the year 1963 be filed in their office not later than August 1st. A letter was read from Warren Jackson, Tax Assessor, submitting the estimate of assessed valuation for the City of Edgewater for the year 1963. Homestead $3,436,210 Non-exempt. $3,473,101 Total $6,909,311 A letter was read from the Florida Shores Property Owners Assoc. asking an amendment to the present Zoning Ordinance in effect by the said City for the boundaries of the subdivision known as Florida Shores. Concerning the letter from the Florida Shores Property Owners Assoc., Councilman Palmateer said it l-JOuld be a hazardous condition. Mr. David L. Wiggins said these things are in the warranty deed of every resident of Florida Shores. It just would make it impossible for one house to stick out beyond another. He said he failed to see where he left anything out. Councilman Palmateer said that from the way the letter read garages attached to houses could go right to the property line. Mr. Wiggins read from the present zoning laws of the Florida Shores Subdivision. Councilman Siller said we have a Zoning Board and should turn this letter over to them and let them give us their findings. Mr. Adolph LaBonde, Building Official, said that the Zoning Board only handles reclassification. This is an amendment to the Zoning Ordinance and does not come under the jurisdiction of the Zoning Board. Councilman Palmateer said that the Garage is not part of the building. He said that if the garage was attached it wouldn't make any difference how close to the line it went. Motion duly made by Councilman Drury we accept the letter as read from the Florida Shores Property Owners Assoc. and amend the present zoning ordinance, seconded ~ Councilman Palmateer and by vote CARRIED. Roll call vote being as follows:- Councilman Siller CounCilman Seng CounciJJnan Palmateer Councilman Drury Mayor Hussey Yea Excused Yea Yea Yea Remainder of the Communications A letter was read from the American Legion Edgewater Post No. 285 expressing the appreciation for the traffic light at the corner of Park Avenue and U. S. #1. :V u t..J . u A letter was read from Donald E. Gillespie, 124 Magnolia Avenue, which read" this letter is to establish legal continuity with you, on my previous letters of protest on charges for power line extension to my home." ~ , A letter was read from P. P. Cole saying that he would clean the canals in Florida Shores for $9,000 and $4 an hour for each truck to hauJ:trash and rubbish, with no strings attached. A letter was read from Electric Service, Inc. requesting the City Board of Mayor and Councilmen to ammend their Electric Ordinance to permit the worldng of a Journeyman Electrician on a temporary permit until the next regular Florida State examination, providing this electrician is working for a duly licensed and bonded Master Electrician. A letter was read from Marian S. Trudgeon, 304 Trudgeon Drive, New Smyrna Beach, Florida requesting water service as per plat she presented. Motion duly made by Councilman Siller we table the letter from Marian S. Trudgeon for further study, seconded by Councilman Drury. There were.no objections. A letter was read from the Edgewater Taxpayers Association Edgewater, Florida signed by David K. McGirmis, Chairman, stating that a representative group of taxpayers of the City of Edgewater having the welfare of the City at heart and desiring to be cf constructive service to the city, hereby respectfully request to be given time to be heard at the CounciL..iJneeting held August 5, 1963 through their attorney, the Honorable Judge Robert H. Matthews. , Councilman Palmateer said the Council could not act upon the letter from P. P. Cole as one bid was accepted and we would have to have a new set of bids. Councilman Palmateer explained concerning the Martin Co. that was to clean canals. They were unaJUe to get a performance bond, so the bid 'was null and void. He said this letter from P. P. Cole came in long after the other bids. He said he believed the Council would,:. have to advertise again and give others a chance to bid~ " - George Beck explained that the Council was discussing a letter' from P. P.Cole and not the letter from the Edgewater Taxpayers Association. Councilman Siller said the Council was going through the letters that were read by the City Clerk. Motion duly made by Councilman Siller we re ject the bid from P. P. Cole with regrets, seconded by Councilman Drury and by vote CARRIED. Roll call vote being as follows:- Councilman Siller Cpuncilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea' Excused Yea Yea Yea . - ..U v u 'I V Motion duly made by Councilman Siller we table the letter from Electric Service for further consideration, seconded by Councilman Drury and by vote CARRIED. Roll ca1l vote being as follows:- Councilman Siller Councilman Seng Councilman PaJ.mateer Councilman Drury Mayor Hussey Yea Excused Yea Yea Yea The letter from Donald Gillespie 'Was to be filed with his previous letters concerning the same matter. Council agreed to send American Legion a letter of thanks for their concern in the matter for the traffic light at corner of Park Avenue and U. S. #1. OLD BUSrnESS None NEW BUSINESS Motion duly made by Councilman Drury we ask for new bids on dragline and advertise in paper. An ordinance will have to be drawn up to readvertise. There 'Was no second. Mayor Hussey introduced Max Ossinsky, son of Louis Ossinsky, Sr., who will take over the meeting, as Mr. Ossinksy has been in the hospital some time. Mr. Frank Zuhr said that the City can't have an assistant Attorney. He quoted Section 23 of City Charter.. He said that the City didn't appoint a company to represent the City, but just Louis Ossinsky, .Sr. City Clerk read section 23 of City Charter. Mayor Hussey said that you mean we can't have another attorney because our attorney is sick? Mr. Crawford Shaeffer said that Mayor Hussey knew this to be true. Mr. William Fiser said that this group, The Edgewater Taxpayers Assoc., shouldn't be heard unless an attorney is. here to represent the City. Mr. 'Zuhr said an unauthorized attorney took part in another meeting. Mayor Hussey said Max Ossinsky 'never did take part in a meeting before. Mayor HHssey asked Mr. Max Ossinsky to retire from the table. Mr. Max:.Oss~kYL.left. Councilman Siller said that the way onr Charter reads he doesn't know if we ever had a City Attorney. He said the City Council.is suppose to set terms when we employ an attorney. ''When and how much are we goilg. to pay our Attorney? I don't know if we ever had an attorney if we have set no fee.1t Councilman Siller said we should set our attornejs fee. We should tell the attorney, he shouldn't tell us. Counci 1 man Oiller said he has brought this up before and nothing has been done about it to take care of this matter. , I :V v u 'I V Councilman Palmateer stated that Councilman Siller is not the only one who asked this same question. He said he had asked this question himself and never found out. Councilman Palmateer said that he has asked the attorney a number of times about the drainage ditches but never got an answer from him. Motion duly made by Councilman Siller we pay our attorney $500 retainer fee and $10 per meeting. Motion died for lack of second. Councilman Siller said he had asked the firstd.ime Mr. Ossinsky came to the Council meeting if he was familiar wi. th charter on hiring an attorney. Attorney Ossinsky said he had not read the charter in t~e past 4J3 hours but he was fA.miliar with it. Councilman Siller said the Edgewater Taxpayers Assoc. should be given permission to speak. Councilman P~eer sdd he had some new business. Motion duly made by Councilman Palma'8er that all 'WOrk done on city equipment be done by the City mechanic, if at all possible, seconded by CounciJinan Siller and by vote CARRIID. Roll call vote._being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Excused Yea Yea Yea Councilman Palmateer suggested that the Mayor take legal steps to collect back bills on garbage. (This was made in'fonn of a motion but there was no second.) . Mr. Zuhr asked if that wasn't taken care of in the City Ordinance. , Councilman Palmateer said that 'it was necessary to make the motion if it has not been done. J Councilman Palmateer said that many people in the City would be very glad to have city water and some people have water available and worit connect up to it. He said action should be taken to take care of this matter as it is stated in our contract. Mr. Earl Tingle said he had made a $10 meter deposit and has never had. water. I Mayor Hussey said that Mr. Tingle had refused the water. He said Mr. 'Tingle had used the $10. deposit for another house and he would pay no more. Mr. Tingle said that it wasn't Itrue. He said Mr. Ream had been down. and even made surveys on water lines. Motion duly made by Councilman Siller the representative from the Edgewater Taxpayers Assoc. be given permission to speak what he has to say. '" ;'...1 u u " J Mayor Hussey asked that the representative.of the Edgewater Tax P~rs Association speak and that he is not to be interrupted. When he is through others can speak. No person is to speak more than twice. We must try and keep order. Councilman Drury seconded motion made by Counci1ma.n Siller to . let Mr. Matthews speak as a representative of the Edgewater Taxpayers Association. Robert Matthews, Attorney for the Edgewater Taxpayers Association: On behalf of the taxpayers Association, he said, they are not here for the purpose of harassing this body. These people whom I represent have great concern for this City. Of necessity it appears in a town no larger than two million you have a great many rumors going around. These rumors cause great concern to people who hear them, particularly if they seem unfair. These people who appear here tonight have no way of lmowing what's. going to come before this body. There have been rumors to. the effect that numerous things would happen tonight that would be unfair to il'\dividuals and to the City of Edgewater. Rumor 1. Shortage of 4unds in City treasury. Despite these shortages in funds the city was to expend the money ahyhow. I am happy to see that this was not done. It appears that if the dragline was purchased on bids previously received it would have been illegal. I am glad it was not done. Nobody is attempting to cause trouble as such. No.~one I represent has ever suggested that was why they asked me to appear. RUmor 2. Defeat of City Charter has made some members of the Council disgruntled and vindictive. Glad to see that it is not so. Rumor 3. Additional Millage. Taxes raised 6 mills at the last meeting. Those reports were to be at the County Connnissioner's office by August 1, 1963. If such is what was planned it is unfair. If there is a change of budget nobody has a chance to scrutinize money attempted to be spent. It is unfair to the electorate. Rumor 4. Movement to raise salaries of Council and Mayor. It has to be a rumor. Salaries are set. Rumor 5. Bills owed by City, especially attorney fee. That whatever the amount of money, if greater then a:ny particular account, would be paid by account from which it was not allocated. . . Everybody is a member of the Association even if they don't participate. There are no du~s. Benefit town itself. Any such monies spent for bills from fund it was not allotted for is illegal. We are not threatening. They may disagree amongst themselves but do not want to harass. These are strictly rumors. Mayor Hussey stated that if the City is to grow they need money. Talk won't build up the City. Millage is up to 22 mills, and I believe Page 19 Article 73 in old charter gives the Council the right to raise millage. Referring to Mr. Matthews, Mayor Hussey said that in the City where he lives the Council has the right to raise millage. l.fr. Zuhr asked if the budget had been read to the people. . . .v . II ~ v u Mayor Hussey said the Budget was read at the last meeting. Mr. Richard Hanson asked why the Budget had t9 be raised 33%. Do you anticipate a big attorney fee? What is the reason? Mr. Hanson asked why there were so many more expenses. Mr. Ralph Beach asked why more money 'Was needed when $24,000 was in bank that was not allocated \oIhen you took office. Mr. Dana ~trong said last years budget 'Was for $115,000 and now it is about $146,000. What is the $31,000 for? The City Clerk said they had made a tentative budget so they could send in the millage. The Council is attempting to put $7,000 in sinking fund. The City Clerk said the papers had called and wanted figures on the budget. She said she couldn't give them. until the citizens of EdgewaterKnew what they were. Mayor Hussey said they are working on next years budget and the $24,000 Mr. Beach is referring to is in last years budget. Mr. Crawford Shaeffer said he never heard of raising the millage before the Council had the budget set up. Never seen it before. Mr. George Beck said he 'Wassglad the City defeated the Charter 9-l. Mr. Shaeffer said that a raise of a few mills would have been better then jumping it six mills. Mr. Zuhr asked if the Budget was set up with Section 68 of City Charter. Did you have figures from two years back? City Clerk said they had figures from the two previous years. Mr. Frank Lenz asked what was going to be done about the attorney fee. Mr. David McGinnis asked what the extra money in the budget 'Was going to be used for. He said he asked a direct question and wanted a direct answer. Mayor Hussey said the Budget is not fully drawn up. It will be made into an Ordinance and read to the public. He said the budget is based on the expenses of the City. The City Clerk read the figures from the tentative city budget. Mr. Kenneth May asked if the tape recorder could be put on when the tentative budget 'Was read. The' Mayor said uNo. U Mr. Crawford Shaeffer asked if the City had a bill from the Attorney. Mayor Hussey said uNo.u The City Cler~, Mrs. O'Connell, explained that the 'budget was just tentative. It is not final. There can be differences in employees salaries. She said she couldn't know what salaries the next council will set. " ..,-\..1 . . (.J u Mr. Kenneth May asked the Mayor if he would take responsibility that we have an attorney. Mayor Hussey said, "Yes I 'Will take it." Mr. May said that according to your charter and it was read by several attorneys, we don't have a City Attorney. Mayor Hussey said he will give figures on our attorney charges within 48 hours. Mr. Lenz asked that the figures be put in print. There being no further business motion duly made by Councilman Palmateer, seconded by Councilman Drury we now adjo~ There were no objections. Time 9:21 P.M. Minutes taken by Marie Robinson. ~ A A-fi>~ y / . /~ftt~ . /Councilman ' . t Mayor Councilman ~~~ ---- Councilman Councilman ATTEST: j(~,(3. /OC t)-p-n/ Ii. City Clerk III v ~ -r ~ ~