06-06-1966 - Regular
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REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF EDGEWATER, FLORIDA
HELD JUNE 6TH, 1966
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The Regular Meeting of the City Council of the City of Edgewater,
Florida was called to order by Mayor Dana T. Armstrong at 7:30 P.M.
on June 6th, 1966.
ROLL CALL
Mayor Dana T. Armstrong
Councilman Jacob Lodico
Councilman W. H. Cairnie
Councilman Paul F. Walls
Councilman Philip H. Bebbington
City Attorney Charles A. Hall
City Clerk Helen W. Jones
Deputy City Clerk Marie Robinson
Police Chief Herman Witmeyer
Present
Present
Absent
Present
Present
Present
Present
Present
Present
The Minutes of the Regular Meeting of the City Council held May 16th,
1966 and the Minutes of the Spec~al Meeting of the City Council held
May 19th, 1966 were presented to each Councilman for his approval.
Motion duly made by Councilman Walls these minutes be approved
as submitted, seconded by Councilman Bebbington and by vote
CARRIED. The roll call vote of those present was unanimous
with the exception of the Mayor who abstained.
BILLS & ACCOUNTS
General Fund Southern Bell Tel. & Tel. Co.
Ruth Driskel
Laing's Sunoco
D\'Ji ght I S
Rossner & Sons
Prentiss Hardware Co.
Kenneth G. Cooper
City Auto Supply
Charley's Welding Shop
Fox Sperry, Inc.
Florida Power & Light Co.
Edgewater Motors
Bro-Dart Industries
Fisher's Body Shop
Lloyd Cox Co.
Ruth Driskel
Daytona Fire Equipment, Inc.
Gordon's Printing & Duplicating
Volusia Tractor & Implement Co., Inc.
~J. Q. D 0 w 1 i n g, Jr.
Gu 1 f Oi 1 Products
News Journal CorD.
Board of County Commissioners
New Smyrna Builders Supply Co.
Mid Florida Supply, Inc.
Marie Robinson
Volusia County Police Chief Assoc.
Humane Society Edgewater-N.S.B.
Mary Ann's Flowers
Donald S. Lavigne, Inc.
Electric Service
Florida Power & Light Co.
Page 1 of 8 pages
88.69
3.73
9.78
6. 18
4.00
2.11
12.00
47.22
4.00
228.76
477.80
3.50
3.40
2.55
7.45
10.00
17.90
38.00
29.92
17.90
7.86
2.80
33.40
14.41
6.80
5.00
50.00
35.00
10.00
185.00
19.60
49.07
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Water & Sewer Departments
Florida Water & Sewer Works Operators Assoc.
6.00
2.12
21 .60
5.27
3.00
7.50
6.44
2.00
29.95
2.50
Beach,inc.9.00
10.00
207.00
21 .33
123.40
42.25
24.50
79.73
8.00
73.00
Addressograph-Mu1tigraph Corp.
Pitney-Bowes, Inc.
Prentiss Hardware Co.
Char1ey's Welding Shop
Edgewater Sewer & Water Dept.
W. H. Curtin & Co.
Florida East Coast Railway Co.
Southern-aire Chemical Co.
Edgewater Standard Oil
Electric Service of New Smyrna
Water & Sewage Works
Jones Chemicals, Inc.
New Smyrna Plumbing Supp1ies,Inc.
Chemical Equipment Service
Chicago Bridge & Iron co.
Burroughs Corp.
Florida Power & Light Co.
George Stuart, Inc.
Edgewater Manufacturing Co.
Motion duly made by Councilman Walls these bills be paid and be
made a part of the minutes, seconded by Councilman Bebbington
and by vote CARRIED.
Councilman Walls asked that the bills for Ruth Driske1, Librarian,
be listed as either Petty Cash or Library Maintenance.
Mayor Armstrong asked if the Vo1usia County Police Chief Bill"
in the amount of $50.00 was for the annual dues?
Councilman Bebbington said it was.
The roll call vote of those present was unanimous.
OFFICERS REPORTS
Certification of Posting dated May 17th, 1966, was read.
Certification of Posting dated May 20th, 1966, was read.
Clerk's Cash Statement for May, 1966, was read.
Budget Report for May, 1966, was read.
The Library Report for May, 1966, was read.
The Building Officia1's Report for May, 1966, was read.
Certification of Bids dated June 6th, 1966, was read.
Mayor Armstrong expressed hns appreciation to the City Clerk,
Librarian and Library Board and Building Official for the
above reports.
The City Clerk opened the bids on a new cab and chassis for
the Fire Department.
Nieburger Chevrolet Co.
$2,771.94
$2,883.00
135.00
Smokey's Automotive Service
with an additional
Motion duly made by Councilman Walls we tentatively accept the
bid of Nieburger Chevrolet Co. in the amount of $2,771.94 pending
review of specifications, seconded by Councilman Bebbington.
The roll call vote of those present was unanimous.
Page 2 of 8 pages
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Mayor Armstrong appointed Councilman Walls, Councilman Lodico
and Fire chief Hanson as a committee of three to check on the
bid from Nieburger Chevrolet Co.
COMMUNICATIONS
A letter was read from John H. Smiley, County Superintendent,
Board of Public Instruction, dated May 31st, 1966 requesting
the Council consider paving the access road to the new
Edgewater Elementary School, known as the Old County Road.
A l~ter was read from the East Vo1usia Mosquito Control District,
dated May 27th, 1966 with regard to the mosquito problem in the
Highland Shores Subdivision in the vicinity of Wildwood, Highland
and Oakwood Streets.
A letter was read from residents of Monroe Drive, dated May 14th,
1966 requesting the circle of Monroe Drive be paved. The letter
was signed by eight residentes of the street.
A letter was read from John J. Ritter, 122 Ye1kca Terrace, dated
May 14th, 1966 stating there is a very serwous drainage problem
near his property. After the rise on Ye1kca Terrace from
Riverside Drive all storm water drains west onto his property.
A letter was read from Mrs. Robert Redding, dated May 25th, 1966
stating the members of the Read-Pattillo School Safety Patrol
wished to thank the Council for helping make possible their
trip to Washington, D.C.
With regard to the paving of Old County Road, Mayor Armstrong
said that would be taken up later in the meeting by Resolution.
Mr. Stanaiy Seng, Sr. questioned as to why the fence has been
installed at the School Site. He said he didn't think it was
fair for the children who use this road as access to the ball park.
Mayor Armstrong said the City had nothing to do with this as this
property is School Board Property. They are having some trouble
at the School Site. The Plumbers are on strike. The Attorney
for the School Board authorized the fence. Mayor ARmstrong said
theyCity, in the near future, is going to have to look for a
new site for the Little League Ball Park.
Motion duly made by Councilman Walls we table this letter from
the Mosquito Control until we ~ together with the Engineers
and discuss the whole situation, seconded by Councilman Bebbington
and by vote CARRIED. The roll call vote of those present was
unanimous.
With regard to the petition from residents of Monroe Drive,
Mayor Armstrong said when the street was paved the circle was
not owned by the City. During the sewer project we received
the right of way on this property. The Council agreed to
consider this area in future paving.
Mayor ARmstrong said he will review the situation of Mr. Ritter
on Ye1kca Terrace and make a recommendation to the Council.
Mayor Armstrong thanked Mrs. Redding for her letter of thanks.
He said he felt it was money well spent.
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ORDINANCES
ORDINANCE NUMBER 487 AMENDING SECTION 15 OF NUMBER 219 IN
REFERENCE TO PETITION FOR REZONING BY CITY COUNCIL TO ZONING
AND PLANNING BOARD, SO AS TO PROVIDE FOR MORE ADEQUATE NOTICE
TO ADJOINING, ABUTTING AND AFFECTED PROPERTY OWNERS.
Motion duly made by Councilman Walls this ordinance be adopted,
seconded by Councilman Bebbington.
Mr. David L. Wiggins, Sr., Chairman, Zoning and Planning Board,
asked that Page #2, Section B, Fifth line, read IIthree hundred
(300) feet in all directions from the property sought to be rezoned
must be notified as more particularly set forth hereinafterll instead
of IIboth directionsll.
Councilman WaTIs withdrew his above motion and Councilman Bebbington
withdrew his above second to the motion.
The above Ordinance was read in full by City Attorney Hall
and motion duly made by Councilman Walls this ordinance be
adopted as amended, seconded by Councilman Bebbington and passed
by vote of the City Council of the City of Edgewater, Florida
at the regular meeting of said Council held June 6th, 1966.
The roll call vote of those present was unanimous.
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 said Council held June 6th,1966.
The roll call vote of those present was unanimous.
ORDINANCE NUMBER 488 EMPLOYING AN ARCHITECT FOR THE EDGEWATER
PUBLIC LIBRARY PROJECT.
The above Ordinance was read in full by City Attorney Hall
and motion duly made by Councilman Bebbington this ordinance
be adopted, seconded by Councilman Walls and passed by vote of
the City Council of the City of Edgewater, Florida at the
regular meeting of said Council held June 6th, 1966. The roll
call vote of those present was unanimous.
Upon motion duly made by Councilman Bebbington, seconded by
Councilman Walls the requirement of reading Ordinance upon
second reading was waived and the Ordinance was ordered put
into effect immediately at the regular meeting of said Council
held June 6th, 1966. The roll call vote of those present was
unanimous.
ORDINANCE NUMBER 489 AUTHORIZING THE PAVING OF aERTAIN STREETS
IN THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA.
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 said Council held June 6th, 1966.
The roll call vote of those present was unanimous.
Upon motion duly made by Councilman Walls, seconded by Councilman
Bebbington the requirement of reading Ordinance upon second rmdomg
was waived and the ordinance was ordered put into effect immediately
at the regular meeting of $id Council held June 6th, 1966. The
roll call vote of those present was unanimous.
Page 4 of 8 pages
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RESBLUTIONS
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RESOLUTION NUMBER 125 AUTHORIZING AND INSTRUCTING THE MAYOR
OR THE ACTING MAYOR, AND THE CITY CLERK TO EXECUTE
A STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT,
SAID CONTRACT BEING TENDERED BY CRAIG J. GEHLERT, ARCHITECT,
SAID CONTRACT PROVIDING FOR PROFESSIONAL SERVICES ON THE PART OF
THE ARCHITECT BY THE PUBLIC LIBRARY PROJECT AND ALSO PROVIDING
FOR COMPENSATION OF THE SAID ARCHITECT, SAID CONTRACT TO BE
EXECUTED BY THE ARCHITECT AND BY THE CITY OF EDGEWATER,FLORIDA.
City Attorney Hall read the entire agreement between the City
of Edgewater, Florida and Craig J. Gehlert, architect.
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 said Council held this 6th day of June, A.D. 1966.
Discussion as follows:
Mayor Armstrong: I do not like the $12.50 per hour clause in
the agreement. It seems to me this is like signing a blank
check. I think a maximum figure should be set for personal
services.
Attorney Hall: The architect can be fired by the Council at any
time with seven days notice. Mr. Gehlert has only run into using
this $12.50 cause one time. This is a standard agreement.
Mayor Armstrong: We had some bad experiences with the City Engineers
on the Sewer Project. We had to pay the inspectors more than we
anticipated. I don't want to obligate the City for payments
if we don't know what they will be.
Councilman Walls: If we don't like what he does or charges
we can terminate his services.
Councilman Lodico asked the City Attorney if he had checked with
any other Municipalities on the services of Mr. Gehlert.
Attorney Hall said No but he has checked with Another ~tt9rney
who has been a City Attorney. He said the agreement is pretty
well standard.
Councilman Lodico: We attended meetings with Mr. Kantor of the
Volusia County Library System and he recommended Mr. Gehlert
very highly. He is very honest and very highly recommended.
Councilman Walls: We have to take the positive approach on this
whole situation.
Mrs. Thelma Hennig,
is signed it has to
approved by them it
us for correction.
in escrow.
The roll call vote of
was unanimous.
Library Board Chairman, said after the contract
be seen by a number of people. If it is
is legal. If not it will be sent back to
The money from the Government has been held
those present on Resolution Number 125
RESOLUTION NUMBER 126 AUTHORIZING AND DIRECTING THE MAYOR OR THE
ACTING MAYOR AND THE CITY CLERK TO EXECUTE A CHECK TO THE
ARCHITECT OF THE PUBLIC LIBRARY PROJECT OF THE CITY OF EDGEWATER,
FLORIDA.
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The above Resolution was read in full by City Attorney Hall and
motion duly made by Councilman Bebbington this resolution be
adopted, seconded by Councilman Walls and passed by vote of
the City Council of the City of Edgewater, Florida at the
Regular Meeting of the said Council held this 6th day of June,
A.D. 1966. The roll call vote of those present was unanimous.
RESOLWTION NUMBER 127 DECLARING THE INTENT TO PAVE A CERTAIN
ROAD IN THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA.
The above Resolution was read in full by City Attorney Hall and
motion duy 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 said Council held this 6th day of
June, A.D. 1966. The roll call vote of those present was unanimous.
RESOLUTION NUMBER 128 AUTHORIZING AND DIRECTING THE MAYOR
AND THE CITY CLERK TO EXECUTE A CERTAIN LICENSE AGREEMENT
TENDERED TO THE CITY OF EDGEWATER, FLORIDA BY THE FLORIDA
EAST COAST RAILWAY COMPANY.
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 said Council held this 6th day of
June, A.D. 1966. The roll call vote of those present was
unanimous.
RESOLUTION NUMBER 129 AUTHORIZING AND DIRECTING THE MAYOR
AND THE CITY CLERK TO EXECUTE A CERTAIN LICENSE AGREEM[NT
TENDERED TO THE CITY OF EDGEWATER, FLORIDA BY THE FLORIDA
EAST COAST RAILWAY COMPANY.
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 said Council held this 6th day of
June, A.D. 1966. The roll call vote of those present was
unanimous.
Mayor Armstrong said these two previous resolutions refer
to the culverts at 18th Street and 25th Strat in Florida Shores.
EXTEND
RESOLUTION NUMBER i30 DECLARING THE INTENT TO EXISTING WATER
AND SEWER LINES FROM EXISTING LINES TO THE ELEMENTARY SCHOOL
PROPERTY AND TO EXTEND EXISTING LINES IN FLORIDA SHORES, ALL
WITHIN THE CITY LIMITS OF EDGEWATER, FLORIDA.
The above REsolution was read in full by City Attorney Hall and
motion duly made by Councilman Bebfuington this resolution be
adopted, seconded by Councilman Walls and passed by vote of
the City Council of the City of Edgewater, Florida at the
Regular Meeting of the said Council held this 6th day of
June, A.D. 1966.
A Public Hearing will be held on this at the next meeting night.
The roll call vote on the above resolution was unanimous.
Page 6 of 8 pages
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With regard to the Water Extension, Mayor Armstrong said it
would have to be approved by theGovernment.
Councilman Lodico said he understood the Government had nothing
to do with this. The Money is ours. We can spend it as
we want.
Mayor Armstrong said the Government has to concur with the
project and the State Board of Health has to approve it.
OLD BUSINESS
A letter was read from Attorney General Earl Faircloth, Tallahassee,
Florida, dated June 1st, 1966 with regard to qualifications of
office as taxpayers under tax exemption provision.
A copy of this letter was given to each Councilman and a copy
is on file in the City Hall.
Mayor Armstrong said the only way this thing could ever be
settled would be in a Court. Mayor Armstrong asked why the
City Attorney called the Attorney General.
Councilman Walls said if the Mayor can call the Attorney General
we feel the City Attorney can do the same.
Attorney Hall disagreed with the Attorney Generals opinion
but said all this letter amounts to is another opinion of
another attorney.
Councilman Bebb~ngton asked the City Attorney if all we have done
is legal, and if what we are doing is legal.
Attorney Hall said Yes.
The Council briefly disoussed taxes on personal property.
Councilman Walls said a change will be made in the City Charter
and put to a referendum of the people.
Motion duly made by Councilman Walls the City Clerk be directed
to advertise for two dump trucks, bids to be returned by July 18th,
1966 at 4:30 P.M.; specifications will come from the County,
seconded by Councilman Bebbington and by vote CARRIED. The roll
call vote of those present was unanimous.
Motion duly made by Councilman Bebbington we authorize publication
for bids on water line extension, bids to be turned in by
7:30 P.M. July 18th, 1966, seconded by Councilman Walls and by
vote CARRIED. The roll call vote of those present was unanimous.
MISCELLANEOUS
Mr. Carl Siller asked if the Council met with Mr. Harris Saxon,
County Commissioner~
Councilman Walls said they did meet with Mr. Saxon. He said he
would pave five miles of streets if we would get the roads ready
to be paved. That is why we are in the process of advertising
for two dump trucks. We will then hire a crew to prepare the
streets. We will then be able to solve the road problem.
Page 7 of 8 pages
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Mr. Joseph Blauvelt said he was not so much concerned with the
past years but more concerned with the future. We must be
concerned with next year and the year after that. Mr. Saxon
gave us a cordial reception. We came away encouraged.
Councilman Walls said Mr. Saxon and the Mayor seem to have
a different opinion on a statement by the Mayor that 50% of
the taxes has to come back to the City. He said he wouldrlt
say who was right but said there is a difference of p~inion.
Mr. David L. Wiggins, Sr. aaked if the City was spending
the $10,000 from Florida Power & Light Co. for the new library.
Mayor Arsmtrong said no, it is money from unappropriated funds.
Councilman Walls said there is a lot of unappropriated money
from years back. About $49,000.00.
There being no further business, motion duly made by Councilman
Walls we now adjourn, seconded by Councilman Bebbington and
ther.e were no objections.
Minutes taken by Marie Robinson.
Time 10:05 P..M.
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ATTEST:
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