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05-16-1966 - Regular ~ 6 o o o REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA HELD MAY 16TH, 1966 The Regular Meeting of the City Council of the City of Edgewater, Florida held May 16th, 1966 was called to order by Vice Mayor Jacob Lodico at 7:30 P.M. ROLL CALL Mayor Dana T. Armstrong Vice Mayor 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 Absent Present Present Present Present Present Present Present Present Vice Mayor Lodico announced that Mayor Armstrong isn't feeling well and is unable to attend this meeting. The Minutes of the Regular Meeting of the City Council held May 2nd, 1966 were presented to each Councilman fof his approval. Motion duly made by Councilman Walls these minutes stand approved as submitted, seconded by Councilman Bebbington and by vote CARRIED. The roll call vote of those present was unanimous. BILLS & ACCOUNTS General Fund City of Edgewater Water & Sewer System 17.50 City of New Smyrna Beach 796.50 Florida Power & Light Co. 1.58 R. L. Polk & Co. 25.00 Southern Bell Tel. & Tel. Co. 83.64 Gulf Oil Products 27.95 Prentiss Hardware Co. 9.94 Volusia Tractor & Implement Co.Inc.14.51 Edgewater Motors 18.66 Standard Oil Co. 1,321.96 International Business Machines Corporation 2.50 George Stuart, Inc. 19.43 Kenneth G. Cooper 9.00 New Smyrna Builder Supply Co. 118.79 Rogers Sales & Service 23.50 Thalman Heating & Appliance Co. 60.00 Volusia County Public Libraries 42.26 Bro-Dart Industries 6.95 McNaughton Book Service, Inc. 7.33 Water & Sewer Departments Southern Bell Tel. & Tel. Co. 36.95 City of Edgewater Water & Sewer 7.50 City of New Smyrna ~ch 289.95 Florida Power & Light Co. 281.70 Sanfax Corp. 138.06 Gordon's Printing & Duplicating 6.75 The Foxboro Co. 19.33 Prentiss Hardware Co. 17.18 Electric Service of N.S.B.Inc. 13.50 Page 1 of 6 pages ~ 6 o o o All State Pipe Supply Co., Inc. Utility Supply Co. Neptune Meter Co. 208.26 58.06 380.64 Motion duly made by Councilman Cairnie these bills be paid and be made a part of the minutes, seconded by Councilman Bebbington. Vice Mayor Lodico questioned a telephone call made by the Mayor to Attorney General Earl Faircloth in T~llahassee. The phone call was in reference to the legality of the City Council. This call was made prior to the Council Meeting when the City Attorney's decision was forwarded to Tallahassee. In the letter the Mayor sent to Tallahassee he referred back to this telephone conversation. Councilman Cairnie said he felt this was City Business. Attorney Hall said the Mayor is the head of the City Government. He suggested talking to the Mayor and letting him explain the situation. Councilman Bebbington withdrew his second to the previous motion. Motion duly made by Councilman Walls the above bills be paid and be made a part of the minutes with the exception of the entire telephone bill in the amount of $83.64, seconded by Councilman Bebbington and by vote CARRIED. The roll call vote of those present was unanimous. OFFICERS REPORTS The Clerk's Cash Statement for the month of April, 1966, was read. The Budget Report for the month of April, 1966, was read. All quarterly reports will be posted on the bulletin boards tomorrow. The Police Report for the month of April, 1966, was read. Certification of Posting dated May 3rd, 1966, was read. The Library Report for the month of April, 1966, was read. The Library SemiArlnual Report was re~d. COMMUNICATIONS A letter was read from Verna Nistendirk,Director, Library Extension, Florida State Library, dated May 10, 1966, stating they have received approval from Washington for the construction of a new Library. A letter was read from David L. Wiggins, Sr., Chairman, Edgewater Zoning and Planning Board, dated May 16th, 1966, stating, after considerable deliberation and in complete accord, the Board agreed that the Ralph B. and Thelma E. Miller variance recommendation be tabled for a period not exceeding thirty days. A letter was read from David L. Wiggins, Sr., Chairman, Edgewater Zoning and Planning Board, dated May 16th, 1966, stating, the board, in complete accord, recommends that the variance request of William E. Finck be denied. A letter was read from David L. Wiggins, Sr., Chairman, Edgewater Zoning and Planning Board, dated May 16th, 1966, stating, that Section No. 15 of Ordinance No. 219 ~bou~d: Ue~mended with regard to notification of all qualified and/or effected property owners concerning re-zoning. Page 2 of 6 pages I 6 o o 6 A letter was read from Rose S. Matthews, Secretary, Edgewater Public Library, dated May 13th, 1966 stating the Library Board voted unanimously to recommend to the City, Mr. Craig J. Gehlert of Daytona Beach as architect for the new Library Building. A letter was read from P. N. Pappas, Asst. District Engineer, Florida State Road Department, dated May 11th, 1966 stating he has notified Mr. F. T. Morley, Maintenance Engineer in Deland to schedule the necessary work pertaining to the median modification on State Road #5 at the intersection of Pearl Street. A letter was read from William T. Moore, Attorney for Mr. Earl l. Tingle, dated May 12th, 1966 stating Mr. Tingle was presented a bill in the amount of $205.55 for loading and hauling trees and stumps. He felt the bill was not a justifiable obligation on his part. He asked that the billing be cancelled. To date he has not received any action on this matter. Mr. Moore asked that this matter be reconsider-ed at the earliest convenience of the council and that the said billing be cancelled and he be notified of such action in Mr. Tingle's behalf. Councilman Walls stated, in reference to the letter on the Government Grant for the Library, that our thanks should be extended to Mrs. Thelma Hennig, Chairman of the library Board, and to Mr. Kantor of the County library System for their efforts in finally pushing this library through. Motion duly made by Councilman Cairnie the recommendation of the Zoning Board in reference to the property owned by Ralph B. and Thelma E. Miller be approved, seconded by Councilman Walls and by vote CARRIED. The roll call vote of those present was unanimous. Motion duly made by Councilman Bebbington we accept the recommendation of the Zoning Board and the variance request of William E. Finck be denied, seconded by Councilman Walls and by vote CARRIED. The roll call vote of those present was unanimous. Motion duly made by Councilman Walls the City Attorney be authorized to make necessary changes in Section No. 15 of Zoning Ordinance Number 219 as requested by theZoning Board, seconded by Councilman Cairnie and by vote CARRIED. The roll call vote of those present was unanimous. Motion duly made by Councilman Walls the City hire Mr. Craig J. r Gehlert as Architect on the new library Building, seconded by Councilman Bebbington and by vote CARRIED. The roll call vote of those present was unanimous. Councilman Walls said the library Board had a number of applications for architects. The man that was hired is well qualified and is interested in working with our library. Before we even looked for an architect he came down here and checked with the librarian and Mr. Kantor. He presented a very beautiful detailed sketch of the proposed library. Vice Mayor Lodico said the entire council and Mayor all agreed this would be a beautiful building. The Council expressed their appreciation to the State Road Dept. for the prompt action they took on the Pearl Street Crossing. Page 3 of 6 pages 6 o o 6 Councilman Bebbington commented on the bill sent to Mr. Tingle in the amount of $205.55: I have made a thorough check on this matter. I attended a number of meetings when this came up. There were five trees on City Property and two on Mr. Tingle's property. There was an agreement between Mr. Tingle and the Mayor as to cutting down these trees and hauling them away. As I listened to the conversation, it seemed to be a Mexican Stand Off. Mr. Tingle said one thing and the Mayor said the other. There was a third party present at the time of the agreement. He is a friend of the Mayor and a friend of Mr. Tingle. He said an agreement was made that the City would haul these trees away. It is my opinion that there was an agreement and this is another case where there was a lack of good judgment on the part of the Mayor in not getting a signed statement. Motion duly made by Councilman Bebbington the bill be removed from charges against Mr. Tingle and charged up to experience, seconded by Councilman Walls and by vote CARRIED. The roll call vote of those present was unanimous. PROCLAMATION A Proclamation, signed by the Mayor, was read proclaiming May 22-28,1966, as Florida Extension Home Economics Week in the City of Edgewater. ORDINANCES ORDINANCE NUMBER 485 SUPPLEMENTING ORDINANCE NUMBER 450 AND APPROPRIATING UNAPPROPRIATED FUNDS IN THE AMOUNT OF $12,000 TO THE SPECIAL LIBRARY BUILDING FUND, SAID APPROPRIATION TO BE ADDED TO THE APPROPRIATION ORDINANCE (450) FOR THE YEAR ENDING OCTOBER 31, 1966. 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 May 16th, 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 May 16th, 1966. The roll call vote of those present was unanimous. ORDINANCE NUMBER 486 CHANGING THE COMPENSATION OF KELSY ERNEST STROCK CUSTODIAN OF THE COMMUNITY CENTER OF THE CITY OF EDGEWATER, FLORIDA. The above Ordinance was read in full by City Attorney Hall and motion duly made by Councilman Cairnie 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 May 16th, 1966. The roll call vote of those present was unanimous. Upon motion duly made by Councilmn Cairnie, 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 May 16th, 1966. The roll call vote of those present was unanimous. Page 4 of 6 pages I ~ a , . . o o o RESOLUTIONS RESOLUTION NUMBER U21 APPROVING THE ACTION OF THE CITY OF EDGEWATER, FLORIDA, ZONING AND PLANNING BOARD TAKEN AT A PUBLIC HEARING HELD MAY 13TH, 1966. 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 said Council held this 16th day of May, A.D. 1966. The roll call vote of those present was unanimous. RESOLUTION NUMBER 122 APPOINTING CITY COUNCILMAN PAUL WALLS, AS REPRESENTATIVE OF THE CITY OF EDGEWATER, FLORIDA, THE OWNER OF THE EDGEWATER PUBLIC LIBRARY PROPERTY, TO THE LIBRARY PLANNING TEAM OF EDGEWATER, FLORIDA. The above resolution was read in full by City Attorney Hall and motion duly made by Councilman Cairnie 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 16th day of May, A.D. 1966. The roll call vote of those present was unanimous. RESOLUTION: NUMBER 123 AUTHORIZING AND INSTRUCTING THE MAYOR AND THE CITY CLERK TO EXECUTE A CONTRACT TENDERED TO THE CITY OF EDGEWATER BY THE FLORIDA LIBRARY AND HISTORICAL COMMISSION, SAID CONTRACT BEING AN AGREEMENT BETWEEN THE FLORIDA LIBRARY AND HISTORICAL COMMISSION, THE CITY OF EDGEWATER, FLORIDA AND THE EDGEWATER LIBRARY BOARD, SAID CONTRACT PROVIDING FOR THE JOINT PARTICIPATION OF THE FLORIDA LIBRARY AND HISTORICAL COMMISSION, THE CITY OF EDGEWATER, FLORIDA, AND THE EDGEWATER LIBRARY BOARD IN THE CONSTRUCTION OF A NEW LIBRARY FOR EDGEWATER, FLORIDA. Attorney Hall read the agreement attached to the Resolution. The above Resolution was read in full by City Attorney Hall and motion duly made by Councilman Cairnie 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 16th day of May, A.D. 1966. The roll call vote of those present was unanimous.. Vdce Mayor Lodico said the City is building a new library and not remodeling the old one. OLD BUSINESS Councilman Bebbington: At one of our previous meetings we discussed work being done on North Flagler Avenue. We asked the Mayor not to continue working there. He has continued. I ~as goin~ to ask him about this tonight but since he is not here I wont go into it now. Mr. Carl Siller, Perdita St., asked if the City received an answer from the Attorney General on the legality of the Council. Attorney Hall said he has had no word on this. Page 5 of 6 pages o o o (J .. . . . Mr. Joseph Blauvelt discussed the paving to be done in the City of Edgewater this year. He said the City is not getting its money's worth. Upon a suggestion from Mr. Carl A. Siller, motion duly made by Councilman Cairnie we have Mr. Harris Saxon meet with the entire council and mayor along with Mr. Blauvelt to discuss this matter at a private meeting, seconded by Councilman Bebbington and by vote CARRIED. The roll call vote of those present was unanimous. NEW BUSINESS Motion duly made by Councilman Walls the City advertise for a chassis for the Fire Truck according to the specifications presented by Richard Hanson, Fire Chief, seconded by Councilman Bebbington and by vote CARRIED. The roll call vote was unanimous, of those present. MISCELLANEOUS Vice Mayor Lodico announced that all City Employees will have the day off, May 30th, 1966, Memorial Day. Mr. Earl L. Tingle expressed his appreciation to the City Council for their action taken on his bill. He said if it would have been a just bill he would have paid it. Motion duly made by Councilman Bebbington the City purchase two new flags, seconded by Councilman Cairnie and by vote CARRIED. The roll call vote of those present was unanimous. Mr. Adolph LaBonde suggested the City buy these flags from the American Legion as they do donate flags to the City at different times. Councilman Bebbington said he will miss the meetings of June 20th and July 4th as he is g6ing on vacation. Vice Mayor Lodico said he had been asked questions concerning the reading of minutes from the previous meeting. He said they are quite long and are posted on the bulletin board if anyone wants to see them. Councilman Bebbington said he was going to bring up the duties of the Mayor and Council as stated in the City Charter but will not as the Mayor is not here. He also added there is a copy of the City Charter in the Library if anyone wants to read it. ' There being no further business, motion duly made by Councilman Cairnie we now adjourn, seconded by Councilmn Walls and there were no objections. Minutes taken by Marie Robinson. Time 9:05 P.M. MAYOR -' ~~ - -fiq --... ~ATTE~S: ~/J _ ~'? 1 ~..,.,.z ~"7 / Eft Page 6 of 6 pages