07-15-1963 - Regular
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RmULAR MEETING OF THE CITY COUNCIL
OF THE CITY. OF EDGEWATER,. FLORIDA .
HELD. JUtY.15,-1963
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The Regular Meetint; of the City Council of the City of ~ewater,
Florida was called to order by Mayor A. Hussey at 7:30 P.M.
on July 15, 1963.
ROIJ.. CAIJ..
Mayor A. Hussey
Councilman Carl A. Siller
Councilman Stanley A. Sen~, Sr.
Councilman Henry R. Palmateer
Counc:i J man Harry S. Drury, Jr.
City Attorney Louis Ossinsky, Sr.
City Clerk Kathryn B. O'Connell
Deputy City. Clerk MarieE. Robinson
Police Chief John Deibler
Fire Chief C. Fred . Garlick
Present
Present
Present
Present
Present
~cused
Present
Present
Present
Present
The Minutes of the Regular Meetin~ of July 1, 1963 were presented
to each Councilman for his approval. Motion duly made by Councilman
Siller these minutes stand approved as submitted, seconded by
Councilman Seng and by vote CARRIED. Roll call vote beilll as
follows:-
Councilman Siller
Councilman Seng
Councilman Palmateer
Councilman Prury
Mayor Hussey
BILLS & ACCOUNTS
General Fund
Charley's Welding Shop
Watkins.Fo~d, Inc.
W.R. Ferreira _
Hanson. McCallister, Inc.
Edgewater Motors
Richfield Truck Stop
Frye's Service
Edgewater Gulf Service
Prentiss Hardware Co.
~ew England Advertising, Inc.
George Stuart, Inc.
Gulf Oil Corp. .
Claud~ E. Talley
Edgewater Mfg. Co.
Florida State Road Department
Dutch Pantry, Inc.
City of Ed&ewater - Water DePartment
!.enz Printing
Standard Oil Co.
Elsie Ward (cot for Fire Dept.)
Florida Power & Light Co.
Water DePartment
Charley's Welding Shop
W.H. Curtin & Co.
Florida Power & Light Co.
Hughes Supply, Inc.
Yea
Yea
Yea
Yea
Yea
$ 18.30
'Zl.10
86.00
'Zl.50
164.03
7.35
124.42
1.35,
5.76
21.00
9.90
477~53
409.60
,9.70
2.00
10.25
2.85
40.50
26.60
20.00
72.81
5.50
6.29
172.08
135.08
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Motion duly made by Councilman Siller these bills be paid and
be made a part of the minutes, seconded by Councilman Sang 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
The Police Report for the month of June, 1963, was read.
Certification of posting by Kathryn B. O'Connell, City Clerk, was read.
It included the following items: ,
, Minutes of the Re~ar Meeting of June 17, 1963
and the Continued Meeting of June 26th and the Special Meeting of June 20th, 1963.
Clerk's Cash Statement for the month of June, 1963, was read.
Budget Report for the month of June, 1963, was read.
ORDINANCES
ORDINANCE NO. 355 OF THE CITY OF EDGEWATER, VOLUSIA COUNTY,
FLORIDA, PROVIDING FOR THE AMENDMENT QF. ORDINANCE NO. 337 BY
AMENDING SUB-P.ARAGRAPH E OF SECTION, 1 DEFINING RESIDENCE, S])JTION 2
THEREOF DEALING WITH SERVICE CHARGES, SECTION 6 THEREOF DEALING WITH
PREPARATION_OF TRASH, AND SECTION 7 THEREOF DEALING wrm LOCATION OF
CONTAINERS; REPEALING ALL ORDINANCES. AND PARTS OF ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING WHEN TlUS ORDINANCE SHALL TAKE
EFFECT. .
The above ordinance was read in full by City Clerk Kathryn B. O'Cormell
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 Edgewater, Florida at the Regular Meeting of the said
Council held July 15, 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
Palmateer 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 '
Councilman Drury
Mayor Hussey
Yea
Yea
Yea
Yea
Yea
Motion duly made by Councilman Palmateer this Ordinance be passed
on the waiving of the second reading, seconded by Councilman Drury
and passed at the Regular Meeting of the said Council held on - tpe
15th da..v of July, A.D. 1963 and approved as provided by law. The
vote of the said Council being as follows:-
Councilman Siller
Councilman Seng
Councilman Pa1mateer
Councilman Drury
Mayor Hussey
Yea
Yea
Yea
Yea
Yea
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ORDINAN~JNO. 356 AMENDING ORDINANCE NO. 285 BY REPEALING SUB-PARAGRAPH
10 OF SFl:TION 2 THEREOF; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES
IN CONFLICT HEREWITH; AND PJ.IDVIDING WHEN THIS ORDINANCE SHALL ~ TAKE.
EFFECT.
The above ordinance was read in full by Deputy City Clerk Marie Robinson
and motion duly made by Councilman Palmateer this ordinance be adopted,
seconded by Councilman D1;:ury and passed by vote of the City Council
of the City of Edgewater, Florida at the Regular Meeting of the said
Council held July 15th, 1963. Roll call vote being 4l follows:-
Councilman Siller
Councilman Seng
Councilman Palmateer
CoUncilman Drury
~or Hussey
Yea
Yea
Yea
Yea
Yea
Upon motion duly made by Councilman Seng, seconded by Councilman Siller
the requirement of reading said Ordinance upon second reading was waived
and by vote CARRIED. Roll call vote being as follows:-
I..
Councilman Siller
Councilman Seng
Councilman Palmateer
Councilman Drury
Mayor Hussey
Yea
Yea
Yea
Yea
Yea
Motion duly made by Councilman Palmateer this Ordinance be passed on
the waiving of the second reading, seconded by Councilman Drury and
passed at the Regular Meeting of the said Council held on the 15th
day of July, A.D. 1963 and approved as provided by law. The vote of
said Council being as follows:-
Counci..l:man Siller
Councilman Seng
Counci1man Palmateer
Councilman Drury
Mayor Hussey
Yea
Yea
Yea
Yea
Yea
RESOWTIONS
RESOWTION NO. 19 APPOINTING AN ELECTION CIERK, INSPECTORS AND A
SPECIAL OFFICER FOR THE SPECIAL EIECTION TO BE HELD IN THE CITY OF
EDGE.'WA'lER, VOWSIA COUNTY, FlORIDA ON JULY 30th, 1963. .
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The above Resolution was read in full by City Clerk Kathryn B. O'Cormell
and motion duly made by Counci1man Palmateer this resolution be adopted,
seconded by Councilman Siller and passed by vote of the C1 ty Council
of the City of Edgewater, Florida at the Regular Meeting of the5said
Council held July 15th, 1963. Roll call vote being as follows:-
Councilman Siller
Councilman Seng
Counci1man Palmateer
Councilman Drury
Mayor Hussey
Yea
Yea
Yea
Yea
Yea
Mayor Hussey excused himself from the meeting as he had an important
meeting to go to. He asked that CounciJJnan Sang take over the meeting
for him.
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COMMUNICATIONS
A letter was' read from the Florida Shores Property Owners Association
signed by their president, David L. Wiggins, Sr., asking for a variance
on Lots #9g67, 6S, 69, 70 & 71, Block #31S, Section Ill, Florida Shores
for the zoning to beechanged from residential .to commercial so they
could erect an assembly hall for their Association.
Florida Shores Property Owners Association has presented $15 for variance.
Motion duly made by Councilman Siller the letter from the Florida Shores
Property Owners Assoc. be turned over to the Zoning Board, ,seconded
by Councilman Palmateer. There were no objec~ions.
'OLD BUSINESS
None
.NEW .BUSINESS
Councilman Siller asked that Bill #2J..55 be read be~use ma.ny people
had asked him what it was and it had never been readtto the people.
The City Clerk read Bill #2J..55.
. AN ACT AMENDING SECTIONS g, 131, 135, 138 (e); 138, and 139 OF
CHAPTER. 27532, LAWS OF FlORIDA, ACTS OF 1951, AS AMENDED BY CHAPTER
29049, LAWS OF FlORIDA, ACTS .OF 1953, BEING THE CHARTER.OF THE CITY
OF EDGEWATER, IN VOLUSIA COUNTY, FlORIDA, BY AMENDING SECTION g SO
.AS TO PROVIDE FOR A_ PRIMARY ELECTION TWO (2) WEEKS PRIOR TO THE GENERAL
CITY ELEX:TION WHEN MORE THAN '!WO. (2) CANDIDAIfES QUALIFY FOR THE OFFICE
OF. COUNCILMAN OR ~iA.YbID; AND PROVIDING~FOR. THE INCLUSION OF lANDS EAST
OF RIVERSIDE DRIVE IN THE VOTING. DISTRICTS. AS PRESENTLY EXISTING WEST OF
RIVERSIDE DRIVE, AND AMENDING SECTION 131 TO INCLUDE. PRIMARY. ELECTIONS,
AND AMENDING SECTION 135 TO INCLUDE PRIMARY ELECTIONS, AND AMENDING
S:mTION 138 TO INCLUDE PRIMARY ElECTIONS AND AMENDING SECTION 138 (e)
BY CHANGING THE DATES FOR. SIGNING AND Fn.ING PETITIONS OF. CANDIDATES,
AND AMENDING. S:mTION 139 TO INCLUD~ PRIMARY ELECTIONS AND PROVIDING
FOR AN EFFECTIVE. DATE, AND RE:PEALING ALL LAWS OR. PARTS OF LAWS.IN
CONFLICT HEREWJ;TH, AND PROVIDING_ THAT 1HE NOTICE OF INTENTION 'ID
APPLY FOR Sp:mIAL OR LOCAL IEGISLATION. AND AFFIDAVIT OF PUBLICATION
ARE_ SUFFICIENT. UNDER THE ClmSTITtJ'.!.'ION AND LAm. OF THE STATE OF FlORIDA.
Councilman Seng: This is a law that states we will have Primary
Elections whether or not the Charter goes through. People east of
Ri.-verside Drive will be in voting district.
Mr. George Kennecir said it would only include present homes and dwellings.
Councilman Seng said he didn't feel Mr. George Kennedy was correct on
that statement.
Mr. Irving Tarnopol asked if these people that are not in the voting
district will get credit for their taxes. He asked if they were
permitted to vote on this Charter.
Counci1man Seng stated that Mr. Maxwell who lives in this area ran for
election. He said he felt sure you can vote on this Charter. He said
we will have to get an answer from our attorney.
Mr. Nat Brown stated thatiif your name is on voting list, you are eligible
to vote.
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Councilman Seng: The Charter is in the City Hall but Count'..;JJl'lan Siller
asked that this . bill be read as it has never been read to the public.
Mr. ~amopol asked if the 'Whole Council was in favor of the Charter.
Count!i111Ll\ll Seng said that that was a unfair question. He said a man's
vote is his own privilege.
Mr. Tarnopol asked if the Council didn't agree on the Charter and asked
if they weren't briefed on it.
COlUlcilman Seng said he could only speak for himself but he didn't feel
the Council agreed on everythint; in the Charter.
Mr. William Piser asked if Bill #2155' included in it, staggered terms.
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Councilman Sent; said "No."
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Mr. Piser asked if Bill #2155 included reapportioning the zones.
COlUlcilman Seng said "No.tt
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Coune; 1 man Siller said that Bill #2:155 just pertains to pri.ma.ry
elections and boundary lines.
Mrs. Helen Gra,.vson asked that a copy of this bill be available for
everyone to see.
Mrs. Grayson questioned at to the people that;1.are not supposed to be
in voting districts. She said they are on the books as registered.
Mr. Robert Maxwell stated that he has never run for Councilman as
COlUlcilman Seng stated earlier.
Councilman Seng said he hacbmot meant Mr. Maxwell but Mr. Beach instead.
Concemint; the matter of the registration, Councilman Seng said he
was sure these people could vote.
Mr. Nat Brown mquested one or two lit;hts at the end of Fl8.t;ler Avenue
where he has built three houses. ;
Councilman Sent;: We were in ~or's office ta.lki.ng and there was
a question of lit;ht on Magnolia and Neptune. All Mayor Hussey has
to do is call and the light would be put up.
Mr. Brown said he would pq as he had before, for one or tl<<> years
maintenance. City then wouldn't have to ca.rry the full load.
Mr. Tom Ted.ei questioned about the property Magnuson 'Was going
to donate for a Fire House in Florida Shores. He asked if this
was in writing.
The City Clerk said she would check on it.
Councilman Seng: The Fire Department should take it up with the Council.
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Mr. Donald Mason thanked the Mayor and Council for the Traffic Lit;ht on
Park .Avenue and U.S. #1. .
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Mr. Fred Garlick, Fire Chief, presented Mr. & Mrs. George Driskel
who have taken care of the phone at the Fire House for a number of
years wi. thout a:ny pay. He said they have done a very good job and
should get a letter of commendation from the Council.
Motion duly made by Councilman Palmateer a letter of cOmmendation
be written to Mr. & Mrs. Driskel, seconded by Councilman Drury.
There were no objections. .
Mr. Crawford Shaeffer asked if this new charter gives the Counc;' m~n
the authority to tax his own zone.
Councilman Seng said that that was true.
Mr. Nat Brown said that the taxing reverts back to the Council.
Mr. John Morrocco said that the Councilman recommends anything in
his zone that he feels hiB zone needs and the rest of the City
doesn't necessarily need.
Counci1ma.n Seng: It doesn't specify he mst go to the people to find
out what they need.
Mr. George Kennedy said that right now the Council can put in sidewalks
and make the people pay for them. It is up to the Council to do this.
He said a Councilman wouldn't raise. the taxes unless he had a majority
support in his zone. He said the Council could raise its own salaries
but it hasn't.
Counci1ma.n Seng said that the Charter is in the City Hall to read.
There being no further business motion duly made by Counci1ma.n Palmateer
'We now adjourn, seconded by Councilman Drury. There were no objections.
Minutes taken by Marie Robinson.
Time 8 :30 P.M.
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