10-17-1966 - Regular
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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