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05-06-1963 - Regular v '0 f ~ REGULAR lo1EETING OF THE CITY COUNCIL OF THE CITY OF EDGEVJATER, FLORIDA HELD HAY 6, 1963 II u \..J 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 .. \.I t .\ jI- u v u 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. u w .. v v ~ 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 r" V v u o 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 .C; " u' () u 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. \ 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. II . v . . u u v 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. 'v ~" ., u lJ Ii v 11 .L / 1 /~!A? ~{, ----D I '1-::"/ ..{ A ;' 1A-A, tv / / . :Hayor { ~7(//1/ ~/;:; CounciJ,.man (/ ~?;/]L/7~:6-/J' Councilman ~ Y--Z- //, ,1>- .' ~ I ~ Jffc---- .. ATI'EST: ,J!~{3. {O(~~k ......