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10-17-1966 - Regular ~ (.) c.) '\) , REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA HELD OCTOBER 17TH, 1966. The Regular Meeting of the City Council of the City of Edgewater, Florida was called to order by Mayor Earl L. Tingle at 7:30 P.M. on October 17th, 1966. ROLL CALL Mayor Earl L. Tingle CoUncilman Jacob Lodico Councilman W. H. Cairnie Councilman Paul F. Walls Councilman Philip H. Bebbington City Attorney Charles A. Hall City Clerk Elsie L. Ward Deputy City Clerk Marie Robinson Police Chief Herman Witmeyer Present Present Present Pre s en t('" / Present Present Present Present Present The Minutes of the Regular Meeting of the City Council held October 3rd, 1966 were presented to each Councilman for his approval. Motion duly made by Councilman Walls these minutes stand approved as submitted, seconded by Councilman Bebbington, and by vote CARRIED. Councilman Cairnie said the minutes of October 3rd state the Budget was increased 10%. He said this is incorrect;~ the Budget has been increased 14%. Mayor Tingle said the Budget has been ra1sed 10% over what was collected. The roll call vote was unanimous. Councilman Cairnie voted Yea with this one correction. BILLS & ACCOUNTS General Fund Southern Bell Tel. & Tel. Co. Florida Power & Light Co. Dan Walz City of Edgewater Gulf Triple Service Kenneth G. Cooper George Stuart, Inc. Hanson & McCallister, Inc. Board of County Commissioners Rinker Materials Corp. Rogers Sales and Service Rossner's Texaco Frank A: Vopelak Charles A. Hall New Smyrna Builders Supply Co. Florida Traffic Signals, Inc. Watkins Ford, Inc. J. E. Tumblin Ins. Co. Volusia County Public Libraries City of Edgewater Petty Cash Water & Sewer Department Southern Bell Tel. & Tel. Co. Will iams Garage City of Edgewater Betz Laboratories, Inc. Florida Power & Light Co. The Permutit Co. Davis ~eter & Supply Co. Allstate Pipe Supply Co., Inc. Page 1 of 7 pages '""'--- 83.49 618.13 9.00 12.50 3.00 4.50 13.50 50.00 35.07 13.57 17.75 7.50 4.50 194.59 19.20 178.66 7,680.00 2.00 49.35 5.05 31.65 65.93 7.50 7.00 387.73 36.00 9.73 13.06 / l I I "< \j ~ Q ~ u Wallace & Tiernan, Inc. New Smyrna Plumbing Supplies, Inc. Sanitary Engineering Co., Inc. 25.00 35.80 14,308.45 Motion duly made by Councilman Walls these bills be paid and be made a part of the minutes, seconded by Councilman Cairnie. Councilman Bebbington: Sanitary Engineering has completed putting in sewer and water lines. Final inspection has been made. We are waiting for Board of Health Report. Motion duly made by Councilman Bebbington we retain $1000 of the $14,308.45 bill from Sanitary Engineering Co. until we receive Board of Health Report, seconde_d by Councilman Walls. The roll call vote was unanimous. OFFICERS REPORTS Certification of Posting dated October 5th, 1966, was read. The Clerk's Cash statement for September, 1966, was read. The Budget Report for September, 1966, was read. The Police Department Report for September, 1966, was read. The Librarian's Report for September, 1966, was read. COMMUNICATIONS A letter was read from J. George S~wart, Architect of the Capitol, Washington, D.C. dated August 23rd, 1966 stating the accompanying flag was flown over the United States Capitol at the request of the Honorable A. Sydney Herlong, Jr. Member of Congress. The letter was addressed to Mr. Arthur E. Hungerford, Commander, Veterans of World War ONe. The flag has been presented to the City. A letter was read from Mary Gui1er, First Church of Christ, Scientist, dated October 6th, 1966 tlBnking the Chief of Police for all his help with regard to a young woman representing herself as a descendant of Mary Baker Eddy soliciting funds for the Christian Science Movement and through his aid was stopped at this illegal procedure immediately. A letter was read from R. W. Campbell, Chairman, Special Safety Committee, Florida Section, AWWA, Fort Lauderdale, Florida stating the Edgewater Water Department has been selected by the Special Safety Committee to receive an Award of Progress for the excellent improvement in their lost-time accident record for the year 1965. An award certificate will be presented at the Associations 17th Annual Conference which will be held in Hollywood, Florida at the Diplomat Hotel, November 2nd, 1966. Mayor Tingle said the flag above mentioned was presented to the City at a ceremony a few days ago. Mayor Tingle complimented the Police Chief with regards to the above mentioned 1e~r. Motion duly made by Councilman Bebbington that Paul Ream, Water Supt. be allowed to attend this meeting in Hollywood, Florida and his expenses be paid, seconded by Councilman Walls and by vote CARRIED. The roll call vote was unanimous. Page 20f 7 pages ,~ 'V Q o ..1'1 U Councilman Walls: The City Council passed Resolution No. 103 on December 27th without the knowledge of a letter from . Florida East Coast Railway Company giving the City formal notice that it intend~to install signals at the Indian River Crossing. This crossing is covered by an agreement with the City of Edgewater dated January 14th, 1957. The facilities are estimated to cost '18,000. Councilman Walls then read from a letter dated September 20th, 1966 from the Florida East Coast Railway Company with a bill in the amount of $17,906.85 to cover installation of the protective device. He said he hoped the people would wish the CQuncil luck in backing out of this hole the City is in. Mayor Tingle said this amounts to approximately 10% of the City Budget. RESOLUTION NUMBER 151 OF INTENTION BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA TO INCLUDE ONE-HALF OF THE SUM OF $17,906.85 IN THE 1967-68 BUDGET AND TO INCLUDE THE REMAINING BALANCE OF THE SAID $17,906.85 IN THE 1968-1969 BUDGET FOR THE PURPOSE OF REPAYING THE FLORIDA EAST COAST RAILWAY COMPANY FOR EXPENSES INCURRED IN CONNECTION WITH THE INSTALLATION OF AUTOMATIC CROSSING PROTECTIVE DEVICES AT INDIAN RIVER BOULEVARD, MP 128 PLUS 3045', IN THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, AND ALSO DECLARING THE INTENTION OF THE CITY COUNCIL TO RESCIND, CANCEL, NULLIFY, REVOKE, TERMINATE AND REPEAL, EXCEPT INSOFAR AS THEY RELATE TO THE SAID INDIAN RIVER BOULEVARD CROSSING, THAT CERTAIN AGREEMENT ENTERED INTO ON THE 14TH DAY OF JANUARY A.D., 1957 BY AND BETWEEN JOHN W. MARTIN, AS TRUSTEE OF THE PROPERTY OF FLORIDA EAST COAST RAILWAY COMPANY, AND THE CITY OF EDGEWATER, FLORIDA, TOGETHER WITH THAT CERTAIN RESOLUTION ADOPTED JANUARY 14, 1957 BY THE CITY OF EDGEWATER, FLORIDA SAID RESOLUTION RELATING TO THE ABOVE REFERRED TO AGREEMENT: AND ALSO DECLARING THE INTENTION OF THE CITY COUNCIL TO RESCIND, CANCEL, NUrCIFY, REVOKE, TERMINATE AND REPEAL THAT CERTAIN LICENSE AGREEMENT ENTERED INTO BY AND BETWEEN THE FLORIDA EAST COAST RAILWAY COMPANY AND THE CITY OF EDGEWATER, FLORIDA ON DECEMBER 16, 1965, TOGETHER WITH RESOLUTION NUMBER 103 OF THE CITY OF EDGEWATER, FLORIDA, SAID RESOLUTION BEING ADOPTED DECEMBER 27, 1965 BY THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, SAID RESOLUTION PERTAINING TO THE ABOVE REFERRED TO LICENSE AGREEMENT OF DECEMBER 16, 1965. The above REsolut~on was read in full by City Attorney Hall and motion duly made by Councilman WaTIs, seconded by Councilman Bebbington thist't'esoilJution be adopted and passed by vote of the City Council of the City of Edgewater, Florida at the Regular Meeting of the City Council held October 17th, 1966. The roll call vote was unanimous. ORDINANCE NUMBER 520 RESCINDING, CANCELLING, NULLIFYING, REVOKING, TERMINATING AND REPEALING THAT CERTAIN AGREEMENT EXECUTED JANUARY 14, 1957 ~TWEEN JOHN W. MARTIN AS TRUSTEE OF THE PROPERTY OF FLORIDA EAST COAST RAILWAY COMPRNY, AND THE CITY OF EDGEWATER, FLORIDA, A MUNICIPAL CORPORATION EXCEPT AS HEREIN PROVIDED; AND RESCINDING, CANCELLING, NULLIFYING, REVOKING, TERMINATING AND REPEALING THAT CERTAIN LICENSE AGREEMENT EXECUTED DECEMBER 16, 1965 BY AND BETWEEN THE FLORIDA EAST COAST RAILWAY COMPANY AND THE CITY OF EDGEWATER, FLORIDA, IN ITS ENTIRETY. Page 3 of 7 pages - ----- r' /'0 Q (.) .... u City Attorney Hall said he is not sure the City can get out of these contracts but we will try. The above Ordinance was read in full by City Attorney Hall and motion duly made by Councilman Walls this ordinance be adopted, seconded by Councilman Cairnie and passed by vote of the City Council of the City of Edgewater, Florida at the regular meeting of the said Council held October 17th,1966. The rollcall vote was unanimous. Upon motion duly made by Councilman Walls, seconded by Councilman Cairnie the requirement of reading ordinance upon second reading was waived and the Ordinance was ordered put into effect immediately at the Regular Meeting of the said Council held October 17th, 1966. The roll" call vote was unanimous. ORDINANCE NUMBER 521 AMENDING SECTION 2 OF ORDINANCE 450, THE SAME BEING AN ORDINANCE APPROPRIATING REVENUES TO BE COLLECTED FOR THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA FOR THE FISCAL YEAR BEGINNING NOVEMBER 1, 1965 AND ENDING OCTOBER 31, 1966; TO THE VARIOUS ITEMS OF THE CITY BUDGET. The above Ordinance was read in full by City Attorney Hall and motion duly made by Councilman Walls this ordinance be adopted, seconded hy Councilman Cairnie and passed by vote of the City Council of. the City of Edgewater, Florida at the regular meeting of the said Council held October l7th,1966. The roll call vote was unanimous. Upon motion duly made by Councilman Walls, seconded by Councilman Cairnie the requirement of reading ordinance upon second reading was waived and the Ordinance was ordered put into effect immediately at the Regular Meeting of the said Council held October 17th, 1966. The roll call vote was unanimous. SECOND READING OF ORDINANCE NUMBER 518 ORDINANCE NUMBER 518 SETTING A BUDGET AND APPROPRIATING',REVENUES TO BE COLLECTED FOR THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA FOR THE FISCAL YEAR BEGINNING NOVEMBER 1, 1966 AND ENDING OCTOBER 31, 1967 TO THE VARIOUS ITEMS OF THE CITY BUDGET. Upon motion duly made by Councilman Walls, seconded by Councilman Bebbington the above ordinance be adop~ on second reading and put into effect immediately at the Regular Meeting of the said Council held October 17th, 1966. The roll call vote was unanimous. SECOND READING OF ORDINANCE NUMBER 519 ORDINANCE NUMBER 519 APPROPRIATING REVENUE TO BE COLLECTED FOR THE WATERWORKS AND SEWER SYSTEM OF THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA FOR THE FISCAL YEAR BEGINNING NOVEMBER 1, 1966 AND ENDING OCTOBER 31, 1967, TO THE VARIOUS ITEMS OF THE CITY BUDTET. Upon motion duly made by Councilman Bebbington, seconded by Councilman Walls the above ordinance be adopted on second reading and put into effect immediately at the Regular Meeting of the said Council held October 17th, 1966. The roll call vote was unanimous. Page 4 of 7 pages " v o o t U ORDINANCE NUMBER 522 PROMULGATING THE QUALIFICATIONS OF A CITY MANAGER, SETTING FORTH HIS COMPENSATION, PROVIDING ffiR HIS REMOVAL, AND PROMULGATING AND SETTING FORTH HIS POWERS AND DUTIES. . The above Ordinance was read in full by City Attorney Hall and motion duly made by Councilman Walls this ordinance be adopted, seconded by Councilman Bebbington and passed by vote of the City Council of the City of Edgewater, Florida at the regular meeting of the said Council held October 17th,1966. Councilman Cairnie said he thought this ordinance was in direct conflict with the City Charter, Section 31. Mayor Tingle said the City Manager works under the direction of the City Council and is controlled by the City Council. A number of people spoke concerning the City Manager. Some were in favor of it and some were against it. Mayor Tingle said he was elected by~the people of Edgewater. He said he came out in favor of a City Manager when he ran for office. Her: said the money of the City has been squandered and misrepresented. He said he had been on the Council two years and has seen it. The roll call vote on the above ordinance was unanimous with the exception of Councilman Cairnie who voted NAY. Upon motion duly made by Councilman Walls, seconded by Councilman Bebbington the requirement of reading Ordinance upon second reading was waived and the ordinance was ordered put into effect immediately at the regua1r meeting of the City Council held October 17th, 1966. The roll call vote was unanimous with the exception of Councilman Cairnie who voted NAY. ORDINANCE NUMBER 523 HIRING A CITY MANAGER FOR THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA AND SETTING FORTH THE COMPENSATION FOR SAID CITY MANAGER. The above Ordinance was read in full by City Attorney Hall and motion duly made by Councilman Walls this ordinance be adopted, seconded by Councilman Bebbington and passed by vote of the City Council of the City of Edgewater, Florida at the regular meeting of the said Council held October 17th,1966. A question was asked from the audience as to whether the City was going to supply some form of transportation for the Manager; business office, etc. Mayor Tingle said that would be up to the Council. Mr. Jack Witten, 1812 Queen Palm Drive, said if the City can get a city manager for $5200 a year you are lucky. If he ~s a good man you have made money already. Mr. Nels Frantzen, 111 Sanchez Avenue, couldn't understand how the City could hire a City Manager for $100 per week. Mayor Tingle said the council feels the man is qualified. The roll call vote on the above ordinance was unanimous with the exception of Councilman Cairnie who voted NAY. Page 5 of 7 pages I U o o o Upon motion duly made by Councilman Walls, seconded by Councilman Bebbington the requirement of reading Ordinance upon second reading was waived and the Ordinance was ordered put into effect immediately at the regular meeting of the City Council held October 17th, 1966. The roll call vote was unanimous with the exception of Councilman Cairnie whowted NAY. RESOLUTION NUMBER 152 APPOINTING THE MAYOR, EARL L. TINGLE, AS SUPERVISOR OF THE POLICE FORCE OF THE CITY OF EDGEWATER, FLORIDA. The above Resolution was read in full by City Attorney Hall and motion duly made by Councilman Walls this resolution be adopted, seconded by Councilman Bebbington and passed by vote of the City Council of the City of Edgewater, Florida at the Regular Meeting of the City Council held October 17th, 1966. Councilman Cairnie said this Reso1utnn seemed to be in direct conflict to the Ordinance just passed hiring a City Manager. The Council agreed to keep the Department Heads for a while until the new Manager has a chance to learn all the different departments of the City. The roll call vote was unanimous. RESOLUTION NUMBER 153 OF INTENT TO HOLD A PUBLIC HEARING FOR THE PURPOSE OF PRESENTING PROPOSED CHARTER CHANGES. The above Resolution was read in full by City Attorney Hall and motion duly made by Councilman Walls this resolution be adopted, seconded by Councilman Cairnie and passed by vote of the City Council of the City of Edgewater, Florida at the regular meeting of the City Council held October 17th, 1966. The roll call vote was unanimous. OLD BUSIN!SS Motion duly made by Councilman Walls the City Clerk be authorized to advertise for bids for a fire truck tank and pump per specifications by Fire Chief Richard Hanson. Bids to be returned by 4:00 P.M. on November 7th, 1966. Motion seconded by Councilman Bebbington and by vote CARRIED. The roll call vote was unanimous. NEW BUSINESS None MISCELLANEOUS Councilman Lodico complimented the gir5 in City Hall. He said there seemed to be a misinterpretAtion of a statement he made at a previous meeting. Councilman Lodico also said some of the people seemed to misunderstand him when he talked about the retired people of Edgewater. He said he only meant that these retired people sometimes like to have work to keep active. Mr. Herman Heinsohn,32nd and Queen Palm Drive, asked for some shell on his street. He said he worked three days on his street and would like a little cooperation from the City. Page 6 of 7 pages u o o " u Mr. Hamel, on Park Place, asked that the street be paved. Mr. Lowy, Flagler Avenue, asked for decent lights on the Pier. MayorTingle said the lights on the Pier should be operated on the street light switch. When the street lights go on, the Pier lights should ~o on. Councilman Bebbington said the Water Lines have been extended and the City is waiting for a Board of Health Report. He asked that the connection charges be paid and deposits made, so everyone can be hooked up. Mayor Tingle introduced the new City Manager, Lewis S. Hilton. There being no further business, motion duly made by Councilman Cairnie we now adjourn, seconded by Councilman Bebbington. There were no objections. Minutes taken by Marie Robinson. Time 9ffi P.M. .)~ ..... I/.kb- (' I ~ ~ d-~ 1~ f/~ ATTEST: c~;fhvu( Page 7 of 7 pages