05-06-1963 - Regular
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REGULAR lo1EETING OF THE CITY
COUNCIL OF THE CITY OF
EDGEVJATER, FLORIDA HELD
HAY 6, 1963
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The Regular Meeting of the City Council of the City of Edgelvater,
Florida held ~4Y 6, 1963 was called to order by }myor A. Hussey
at 7:30 P.M.
ROLL CALL
:Hayor A. Hussey
Councilman Carl A. Siller
Councilman Stanley A. Seng, Sr.
Councilman Henry R. Palmateer
Councilman Harry S. Drury, Jr.
City Attorney Louis Ossins~J, Sr.
City Clerk Kathryn B. O'Connell
Deputy City Clerk }~rie E. Robinson
Police Chief John Deibler
Fire Chief C. Fred Garlick
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
The Minutes of the Regular Meeting of April 15th, 1963 and the Continued
Meeting of April 22nd, 1963 were presented to each Councilman for his
approval. Motion 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:-
Councilman Siller
Councilman Seng
Councilman Palmateer
Councilman Drury
}myor Hussey
BILLS & ACCOUNTS
Water Department
Prentiss Hardvmre Company
National Chemsearch Corp.
Zip Oil Station
Neptune Meter Co.
Wm. :Haler
City of New Smyrna Beach
Paul Ream
Florida Power & Light
Southern Bell
Hughes Supply, Inc.
Hill }mnufacturing Co.
The Glencoe Press
The National Cash Register Co.
Davis Meter & Supply Co. Inc.
All State Pipe & Supply Co., Inc.
General Fund
Yea
Yea
Yea
Yea
Yea
6.77
67.15
53.60
355.91
12.31
40.74
5.48
148.68
17.77
109.13
27.95
18.50
4.85
4?'t4l
53.11
Prentiss Hardlvare Co. 55.44
Edgewater Motors 191.63
City of New Smyrna Beach 499.36
Hanson & McCallister, Inc. 402.00
Lloyd Cox 27.24
Florida Power & Light 12.17
Hughes Supply, Inc. 6.08
Frye's Service 5.25
Tuxedo Feed Store 54.98
Bond Hovrell Lumber Co. 95.51
Coronado Concrete Products 98.00
Edgar Brothers Concrete Products,Inc 11.07
Kenneth G. Cooper 124.00
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Electric Service
The American Pulley Co.
Roger B. Quincy
West Volusia Fire Extinguisher Sales
Womack Asphalt Paving Co.
Charley's Welding Shop
Board County Commissioners
Pratt's Radiator Service
City Auto Supply
LaFrance Uniforms
New Smyrna Builders Supply Co.
Southern Bell
City of New Smyrna Beach (Police)
Watkins "Ford" Inc.
City Fire Protection Service
13.69
6.30
74.86
4.25
63.44
1.50
85.69
.55
2.59
213.45
3.00
39.17
52.00
5.13
4.70
Motion duly made by Councilman Siller these bills be paid and be made
a part of the minutes, 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
OFFICERS REPORTS
The Clerk's Cash Statement for April, 1963 was read.
The Budget Report for April, 1963 was read.
The Building Officiats Report for April, 1963 and Semi-Fiscal Report
Vlere read.
Certification of Posting the follovnng items was read by City Clerk:
Minutes of the Regular Meeting of April 1st, 1963, Clerk's Cash Statement
for ~~ch, 1963, Budget Report for March, 1963, A Resolution authorizing
the purchase of certain equipment for playground, A Resolution approving
Edgewater Civil Defense Plan, A Resolution establishing City of Edgewater
Civil Defense Council.
Library Report for the month of April was read.
Report on Water Plant Operator's Short Course held April 15 thru 19, 1963
was read.
COMl,IDNICATIONS
A letter was read from the Florida Development Commission stating
that the Commission is presently completing a Federal "701ft Urban
Planning Assistance Project application for the City of Daytona Beach.
They asked for a letter from the City of Edge\~ter showing our interest
in the program and stating our officials and employees \~ll cooperate
to the extent necessary and possible "lith the City of Daytona Beach and
its planning consultant to achieve successful completion of the project.
.
A letter was read from Briley, Wild & Associates concerning Silver
Ridge Subdivision Unit No.1. They said they support their previous
recommendation. However, they feel that this matter is administrative
in nature and raise no objection to the Council's decision as to the
amoun t of the bond.
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A letter was read from Helen Grayson, Chairman of the Playground Committee,
reporting that the playground equipment is being installed on the City
Pier. She also would like to impress upon the parents that the equipment
is not yet anchored down so the children must be kept off the equipment
until it is safe to play on. She also stated that the Lock-Joint Pipe
Company would like to donate a length of cement pipe for the children
to crawl through and asked permission from the ~fuyor and City Council to
place this length of pipe on the playground.
A letter was read from the Mental Health Association of Volusia County
regarding permit to conduct a fund drive from May 12, 1963 and terwinating
Nay 31, 1963.
A letter was read from Edgewater Acres Homes, Inc. stating that in
order for the Mosquito Control to service the drainage ditches in Edgewater
Acres, Edgewater Acres Homes, Inc., the owner of said subdivision, does
hereby give and grant to the City of Edgewater a three-foot easement for
ditches and a ten-foot easeme~t for driving along said ditches within
Edgewater Acres Subdivision for ingress and egress for the purpose of
servicing said ditches by the Mosquito Control. Said easements are to
be on the Southerly side of Lots 149 and 275 through 2S5 inclusive, and
on the Easterly Side of Lots 253 through 274 inclusive, all in Edgewater
Acres, Resub. #5.
A letter was read from Virginia R~ Morrow thanking the Council for
putting the sign up on East Ann Street.
A telegram was read from Spessard L. Holland, U.S. Senator, Florida
advising Community Facilities Administration Approval advance to
Edgewater in amount of $44,415 for Final Planning of Sewer Improvements.
Estimated cost $1,300,000.
A telegram was read from Sydney Herlong, Jr. stating that the White House
has today advised him that the Community Facilities Administration had
approved the Cities request for a $44,415 advance to Edgewater for final
Planning for their proposed Sewer Improvement Program.
The Council asked that the two telegrams be acknowledged.
Motion duly made by Councilman Palmateer the Council accept the easements
on the Southerly Side of Lots 149 and 275 through 285 inclusive, and on the
Easterly Side of Lots 253 through 274 inclusive, all in Edgewater Acres,
Resub. #5 as stated in the letter from Edgewater Acres Hom@s of March 30th,
1963, 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
Yea
Yea
Motion duly wade by Councilman Seng we accept the offer from the Lock-Joint
Pipe Company for pipe for children to crawl through for the playground and
give permission to put it in the playground, seconded by Councilman Siller
and by vote CARRIED. Roll call vote being as follo\'IS:-
Councilman Siller
Councilman Seng
Councilman Palmateer
Councilman Drury
:Hayor Hussey
Yea
Yea
Yea
Yea
Yea
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Motion duly made by Councilman Seng that the Mental Health Association
be given permission to canvass the City, seconded by Councilman Drury
and by vote CARRIED. Roll call vote being as follows:-
Councilman Siller
Councilman Seng
Councilman Palmateer
Councilman Drury
J:.fayor Hussey
Yea
Yea
Yea
Yea
Yea
Motion duly made by Councilman Seng that the V~or write a letter to
the Florida Development Commission stating that we ~nll cooperate \dth
them on the Federal n701" Urban Planning Assistance Project, seconded
by Councilman Siller. There were no objections.
Motion duly made by Councilman Seng we accept the bond of $2,000 from
the Silver Ridge Subdivision as Briley, Wild & Associates considering
it to be an administrative watter would raise no objections, seconded
by Cuuncilman 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
OLD BUSINESS:
By-laws of the Board of Governors.
Councilman Siller: Councilman Seng and I were appointed a committee
of two to check over the bylaws. He said that there were a few words
he wanted added to the by-la\'ls and they ~lere added. He said they seemed
to be alright.
Motion duly made by Councilman Siller we accept the by-laws of the Board
of Governors, seconded by Councilman Seng and by vote CARRIED. Roll call
vote being as follows:-
Councilman Siller
Councilman Seng
Councilman Palmateer
Councilman Drury
:Hayor Hussey
Yea
Yea
Yea
Yea
Yea
Motion duly made by Councilman Seng, J:.IT. John Zeilman be appointed to
the Board of Governors, seconded by Councilman Siller and by vote CARRIED.
Roll call vote being as follows:-
Councilman Siller
Corncilman Seng
Councilman Palmateer
Councilman Drury
l~or Hussey
Yea
Yea
Yea
Yea
Yea
Motion duly made by Councilman Seng the money for the three bonds,
Silver Ridge, Stanley Tizzard and Robert Fuller, be deposited by the
City Clerk in the First Federal Savings and Loan of New Smyrna Beach
and the interest be paid to the respective parties, seconded by
Councilman Siller and by vote CARRIED. holl call vote being as follows:
Councilman Siller
Councilman Seng
Councilman Palmateer
Councilman Drury
Mayor Hussey
Yea
Yea
Yea
Yea
Yea
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Motion duly made by Councilman Siller that the minutes be presented
to the Councilmen on the Saturday before the regular meeting so they
have a chance to go over them more carefully, seconded by Councilman
Seng and by vote CARRIED. Roll call vote being as follows:-
Councilman Siller Yea
Councilman Seng Yea
Councilman Palmateer Yea
Councilman Dru..-ry Yea
l~or Hussey Yea
Motion duly w4de by Counci~~~ pay City Attorney Louis Ossinsky, Sr.
$500 to pay for the public stenographer who had worked on the charter and
was advanced $250 from 11r~ Ossinsky and $250 for 11r. Ossinsky's trip to
Tallahassee concerning the Charter, seconded by Councilman Drury and by
vote CARRIED. Roll call vote being as follows:-
Councilman Siller
Councilman Seng
Councilman Palmateer
Councilman Drury
Hayor Hussey
Yea
Yea
Yea
Yea
Yea
Police Chief John Deibler v~s called to speak, by Councilman Palmateer,
about dogs and dogs on leashes.
He said that Councilman Palmateer wants an ordinance passed whereby
dogs should be kept under oontrol at all times and no dogs running loose
at night.
Attorney Ossinsky read our present ordinance concerning dogs.
He said he was quite familiar vnth the leash problem. He stated that
there i'l'ere three ~ys this could be worded in an ordinance: 1. l~o dogs
out except on leash 2. Could be a violation of the owner 3. Violation
and right to impound.
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Councilw4n Palmateer said that people just bring their dogs to his area
a.'l1d just leave them. He said dogs shouldn't come ahead of man. He said
he likes dogs. He said that if some man was '\-lalking around the streets in
EdgeioJater iv.i.. thout any money he could be arrested for vagrancy. He said
dogs can run loose for twenty-four hours a day.
Hrs~ Thelma Hennig, i'l'ho is on the Humane Society, said that they try and
pick up stray dogs. She said they can't do anything if they belong to
someone. She said she is called all hours of the night.
Councilman Palmateer said he likes dogs but if he had a dog he~couldn't
take care of he would get rid of it.
}.fr. Kenneth ~ said he would build a fence around Mr. Palmateer's house
if that would help.
Councilman Palmateer said he is getting complaints from the whole neighborhood.
l1r. George Beck said the the leash law was no good. He said dogs have
licenses. He said his doesn't but he intends to get one. Ee said that',it
is not right to tie a dog down. It is inhuman.
Attorney Ossinsky said that there seems to be a difference of OplnlOn and
he said it didn't have to be decided right away. Ptr. Palmateer agreed.
Councilman Seng suggested that it be put in the newspaper that the people
try and keep their dogs under control.
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City Clerk, Kathryn B. O'Connell, said that Nrs. Helen Grayson had just
presented to her a check for $25.00 from the Edge,~ter Garden Club for
plants at the playground. She said it would be put in their Special
Account to use when they wanted it.
Councilman Siller thanked the Garden Club for their generous offer.
Mr. George Beck said he wanted the Council to know that he went to
City gall today to request that the recall petitions be returned to him.
They had been instigated by him some time ago. I was told I could
get those petitions t:~s afternoon. I went back this afternoon and
I was refused. I feel the City Council and City Clerk should turn
over the petitions to me tomorrow morning. I have been in t,vice and
have been refused. He said he didn't blame the City Clerk. He .said
he did feel they should be returned to him.
14ayor Hussey said that 1.fr. Beck had made a false statement. I had said
I "lould let 14r. Beck know this afternoon but said nothing about definitely
giving him the petitioni.
lir. Beck said he instigated the petitions and wanted them returned to him.
He said it stated they should be returned to h~. in the City Charter since
he was the one that started the petitions.
Attorney Ossinsky read from the Charter and said he saw nothing that said
they had to be returned to the person that started the petitions. He
said according to his understanding, matters filed with City Hall are
public records and once they are public records th~r remain in the City
Hall.
Mr. Beck said he felt the petitions were no longer needed in City Hall
and v,ranted to take them out. He said he would like to stop recall.
I know some people vmo want to sign but I have told them not to, so
there would be no trouble stirred up. ~~. Beck said that if they
were not returned to him he wanted them left in the vault. He said his
attorney advised him that he could get the petitions through the Courts.
:Hr. Ossinsky asked :!vIr. Beck if he wanted to make an official statement
for the minutes that he wanted to recall the petitions.
He said he didn't.
JiIr. Dana Armstrong questioned about the bonds being put in the First
Federal Savings & Loan and the people getting the interest. He asked
about the City being exempt from the tax and the individual not.
Attorney Ossinsky said that it is a small amount of money. He said the
purpose is not to defraud anybody. He said it could be put in the
vault and no one get any interest. He said that this is just a matter
of trying to be helpful to these people. They of course must report the
interest on their income tax.
l.frs. Helen Grayson said that at the next meeting she \vill present to the
Council a list of all the volunteers that have helped on the playground.
There being no further business motion duly made by Councilnlan Drury
we now adjourn, seconded by Councilman Palmateer ~~d by vote CARRIED.
Hinutes taken by Marie Robinson.
Time 8:45 P.N.
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