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05-02-1966 - Regular , ~u ~ o .. u REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA HELD MAY 2ND, 1966 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 May 2nd, 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 Present Present Present Present Present Present Present Mayor Armstrong introduced Mr. Harris Saxon, County Commissioner, and Mr. Lawrence Galbreath, who works with Mr. Saxon. Mayor Armstrong introduced Mr. Charles A. Hall, the new City Attorney. The Minutes of the Regular Meeting of the City Council held April 18th, the Minutes of the Special Meeting of the City Council held April 22nd and the Minutes of the Recessed Meeting of the City Council held April 28th were presented to each Councilman for ht approval. Motion duly made by Councilman Cairnie these minutes stand approved as submitted, seconded by Councilman Walls. Councilman Bebbington said the comments he made at the meeting of April 18th were not in the minutes and wished to have time at this meeting to re-state same. Councilman Lodico said he wants the minutes of April 22nd to show that the entire Council and Mayor were properly notified of thej meeting. Councilman Lodico stated that on the minutes of April 22nd Councilman Cairnie asked the qualifications of the new attorney and not as stated in the minutes. Mayor Armstrong stated that he did not talk to Mrs. Paul in the Tax office as written in the Minutes of April 18th but called at Mrs. Paul's Office and obtained personal property records which were made available for his inspection. The roll call vote on the minutes, as corrected, was unanimous with the exception of Mayor Armstrong who abstained on the M i nut e s 0 f April 2 2 n d, 1 96 6 . BILLS & ACCOUNTS General Fund Laing's Sunoco Station Charley's Welding Shop C i t Y .A u to Sup ply Dwight's George Stuart, Inc. Radiation Service Co. Gordon's Printing & Duplication Lloyd Cox Co. Edgewater Motors Hill Bros. Tire Co. 15.06 4.00 24.92 2.32 39.39 30.65 56.20 7.80 31.47 2.75 Page 1 of 5 pages ,0 Q o o .~- Volusia Tractor & Implement Co. News-Journal Corp. Ruth Driskel South Florida Natural Gas Co. Southern Bell Tel. & Tel. Co. Ruth Ori'skel New Smyrna Beach Police Dept. Frank A. Vopelak Kenneth G. Cooper Daytona Fire Equipment, Inc. Humane Society McNaughton Book Service, Inc. Marie Robinson Watkins Ford, Inc. 14.51 15.40 4.20 6.02 17.15 10.00 24.00 6.00 9.00 49.45 35.00 4.98 5.00 8.80 Water & Sewer Dept. City Auto Supply City of Edgewater Edgewater Manufacturing Co. Hughes Supply, Inc. Brooks Products Jones Chemicals, Inc. 18.90 7.50 125.00 16.51 4.00 t03.50 Motion duly made by Councilman Cairnie these bills be paid and be made a part of the minutes, seconded by Countilman Walls and by vote CARRIED. The roll call vote was unanimous. OFFICERS REPORTS The Building Official's Report for the month of April, 1966, was read. Certification of Posting dated April 19th, 1966, was read. Certification of Posting dated April 26th, 1966, was read. Certification of Posting dated April 28th, 1966, was read. Mayor Armstrong expressed his appreciation to the City Clerk and her staff, and the Building Official for the excellent manner in which they submitted these reports. COMMUNICATIONS A letter was read from the American Legion, Post No. 285, dated April 29th, 1966 requesting the City purchase a suitable wreath to decorate the Veteran's Monument in honor of Memorial Day, May 30th. A letter was read from Citrus Council of Girl Scouts, Inc. dated April 22nd, 1966 requesting a donation of $5 or $10 from the City. A letter was read from Ethel A. Wasserott, Secretary, Board of Governors, Edgewater Community Center, dated May 2nd, 1966 stating the Board voted to raise the salary of Mr. Kelsy Strock, custodian for the Community Center, $5 per month, retroactive to April 1st. Motion duly made by Councilman Walls, seconded by Councilman Bebbington the request of the American Legion be granted for the purchase of a wreath on Memorial Day, and by vote CARRIED. The roll call vote was unanimous. Page 2 of 5 pages o Q Q ~ u ~ Councilman Bebbington stated that inasmuch as the Council has contributed to the Boy Scouts we should do the same for the Girl Scouts. Motion duly made by Councilman Bebbington we $5 to the Girl Scouts as requested in their by Councilman Cairnie and by vote CARRIED. vote was unanimous. contribute letter, seconded The roll call. Motionddu1y made by Councilman Cairnie the letter from the Board of Governors be referred back to the Board of Governors for further consultation, seconded by Councilman Walls and by vote CARRIED. The roll call vote was unanimous. ORDINANCES None RESOLUTIONS RESOLUTION NUMBER 120 REQUESTING THE STATE ROAD DEPARTMENT, STATE OF FLORIDA, TO SHORTEN THE MEDIAN ISLAND LOCATED AT U. S. NUMBER 1 (STATE ROAD NUMBER 5) AND PEARL STREET IN THE CITY OF EDGEWATER, 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 said Council held this 2nd day of May, A.D. 1966. The roll call vote was unanimous. OLD BUSINESS The following is a summary of a talk made by Harris Saxon, County Commissioner. When I became County Commissioner 15 years ago there was only one paved street in Edgewater (U.S. #1). The County Commissioner represents Cities as well as outlying areas. We work with the City Commissioners. I have never turned down the City Commission on any request on any assistance. The City of Edgewater is in better shape than any other City in the County or even in the State of Florida. Florida Shores is a problem for the City of Edgewater to solve. The County Commissioners had a plat law passed that all roads must be paved before a subdivision is accepted into a City. The City of Edgewater took in Florida Shores without paved streets. I feel the County is doing its job in Florida Shores. He quoted figures as to the amount of money coming from the City of Edgewater and of this amount approximately 10% is overhead, 9% is uncollected and the Tax Collector must be paid out of this money. The County Commissioners help pay the Life Guards in New Smyrna Beach. The County Commissioners can not pass laws. I have reduced ~he tax millage from 12 mills to 6 mills since I have been your County Commissioner. That shows we are trying to lower taxes. In 1964, from August 15 - December 15, the County hauled shell in Florida Shores. We can not do all the work in one year. Sometimes if we get too busy we have to let some of it out for contracts. In Florida Shores, before any paving was done, it took two or three months to get those roads ready to be paved. In 1965 ~ paved roads we hadn't even promised. We put $13,500 out on contract in addition to the work in Florida Shores. I feel I have trea~ed Edgewater more fairly than any other City. We have extended Riverside Drive. Your County Commissioner is trying to help you. Page 3 of 5 pages , .U (.) o 6 We gave the City a Grader. The City didn't ask for it. We furnished the City a bulldozer for the Garbage Dump. The County gave twelve acres of land for a Sewer Disposal Plant. We have spent weeks and weeks on drainage in Florida Shores and Edgewater Acres. We will pave the road to the new school. Councilman Lodico asked Mr. Saxon if he didn't tell the Council that the City will be properly notified when the County was going to pave Old County Road. Mr. Saxon said he put the City on notice that Old County Road would have to be paved. Mrs.,Robert Maxwell asked the Mayor what happened to the fire hydrants that were to be in Florida Shores. Mayor Armstrong said there may have been fire hydrants in the original plans but not in the final plans for the water extension. Councilman Bebbington: At the last meeting the Mayor made a statement that, in his considered opinion, members of this Council were not legally elected because their names were not on the personal tax roll. Three members have filed their 1965 personal tax returns. They did not pay personal taxes. You can not be forced to pay for what you are not required to pay. If the Mayor is correct, 98% of the people in Edgewater would not be able to run for Councilman. Only a few business people2 could run. If you are with the Mayor it is OK. Everything is legal. Itwas known to the Mayor, before I ran for Office, that I paid no personal tax. I had taken advantage of the $1,000 exemption. The Mayor advised I contact a lawyer. I saw a lawyer and reported back to the Mayor. He said he was satisfied that was OK. I also checked with another attorney. He said I have complied with the law. Why was this brought up five months after the election? The previous council checked our petitions when we went into office, why didn't the Mayor bring this up then. We have advised our new City Attorney to make a study and if he finds we are illegally elected we will resign immediately. If he finds we are legally serving, we demand the Mayor apologize and retract his entire statemen~. City Attorney Hall gave a lengthy report and in short stated, in his opinion, the entire council was qualified to serve. He presented the report in writing. Mayor Armstrong stepped down as Mayor and made a motion that the Opinion of the City Attorney be turned over to the Attorney General for his opinion, seconded by Councilman Walls and by vote CARRIED. The roll call vote was unanimous. OLD BUSINESS Councilman Walls: I know budget reports are dull. But at one of our previous meetings the Mayor made a statement that he didn't know where the $50 was going to come from to send the Librarian to "In Service Training School" which is very worthwhile. The Council is not spending a lot of money. The City is ver-y solvent. From the figures I have, I would say the Gener.al Government is over spent and the Library has possibly gone over its budget in the amount of $5.45. This is very commendable. The very idea they function on what they have is remarkable. We should give the LIbrary Board a vote of thanks for the job they have done. Page 4 of 5 pages JL. .v <) ~ Il U f" r NEW BUSINESS NONE MISCELLANEOUS Mayor Armstrong announced that Florida Power & Light Co. is having a Cooking School May 11th at 7:30 P.M. and May 12th at 10:00 A.M. Mr. Richard Hanson suggested the Council pass a resolution regarding Day LIght Saving Time. The resolution should be sent to the Legislature showing the feeling of the City. Mrs. Robert Maxwell, Orange Tree Drive, said there is a school bus that lets children out on one side of the highway and lets them run across the highway. She said she believed the bus driver is supposed to let them out on the side of the street on which th~ live. Mayor Armstrong advised Chief of Police Herman Witmeyer ~m check on it. Mr. Robert Maxwell, Orange Tree Drive, said Memorial Day Services will be May 29th at 2:30 P.M.. The Mayor and Council is invited. Mr. David L. Wiggins, Sr. said May 13th at 8:00 P.M. there will be a Zoning Board Meeting to consider two variances. There being no further business, motion duly made by Councilman Walls, seconded by Councilman Bebbington we now adjourn. There we~e no objections. Minutes taken by Marie Robinson. Time 9:25 P.M. -%. -r /:;~' r ~. ~ ~ ....... " COUNCILMAN ~~h~ Y CL Page 5 of 5 pages