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04-18-1966 - Regular '\ I I \ U Q '-J REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA HELD APRIL 18TH, 1966 I U 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 April 18th, 1966. ROLL CALL Mayor Dana T. Armstrong Councilman Jacob Lodico Councilman W. H. Cairnie Councilman Paul F. Walls Councilman Philip H. Bebbington City Attorney W. D. Mathas 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: It is my feeling, I am not saying it is necessarily so, that after obtaining all the accurate information available and after checking with some of the law enforcement officers available, this Legislatrrve Body is not acting legally. It would be up to a Judge to determine if this is so. I have passed along what I have found. Later in the meeting there will be further discussion. The Minutes of the Regular Meeting of the City Council held April 4th, 1966 were presented ~o each councilman for his approval. Motion duly made by Councilman Cairnie these minutes be approved as submitted, seconded by Councilman Walls and by vote CARRIED. the roll call vote was unanimous. BILLS & ACCOUNTS General Fund Ruth Driskel Southern Bell Tel. & Tel. Co. Florida Power & Light Co. City of Edgewater Central Truck Lines, Inc. Lloyd Cox Co. George Stuart, Inc~ Kenneth G. Cooper Gordon1s Printing & Duplicating Service Volusia Contractors Gulf Oil Products Louis Dunn Burroughs Corp. Tuxedo Feed Store Florida Library Association Mickler's Floridiana The Baker & Taylor Co. Nathaniel Dame & Co. Bro-Dart Industries McNaughton Book Service, Inc. Rossner & Sons Radiation Service Co. Marie Robinson Daytona Fire Equipment, Inc. J. E. Tumb 1 in 2.00 83.27 79.05 17.50 22.09 2.95 28.00 9.00 13.50 Equipment,Inc.3.95 11.10 29.80 27.20 2.00 10.25 2.77 52.75 1. 40 5.70 4.00 12.55 5.00 14.25 556.56 Page 1 of 7 pages J U o o u U Water & Sewaer Bills Southern Bell Tel. & Tel. Co. City of Edgewater Florida Power & Light Co. Jones Chemicals, Inc. W. H. Curtin & Co. All State P~pe Supply Co., Inc. 31.20 7.50 250.63 207.00 53.13 231 .84 Attorney W. D. Mathas presented a bill to the Council in the amount of $330.00. Motion duly made by Councilman Cairnie the bt11s,inc1uding the bill from Attorney Mathas, be paid and be made a part of the minutes, seconded by Councilman Walls and by vote CARRIED. Councilman Lodico objected to approving the bill from Mr. Mathas as he did not see it before the meeting. Mayor Armstrong said Mr. Mathas presented the bill to him before the meeting but the agendas were made up so it was not added to the agenda. . Councilman Bebbington asked if this bill was for all services to date. Attorney Mathas said yes according to what he could find in his files. Councilman Lodico said he wanted to know more about the bill. He felt it should be tabled. The roll call vote on the above motion was unanimous with the exception of Councilman Loddco who voted Nay. OFFICERS REPORTS The Library Report for the month of Match, 1966, was read. The Police Report for the month of March, 1966, was read. The Clerk's Cash Statement for the month of March, 1966, was read. The Budget Report for the month of March, 1966, was read. Certification of Posting dated April 5th, 1966, was read. Mayor Armstrong thanked the City Clerk, the Police Department and the Librarian for the excellent manner in which they submitted the above reports. COMMUNICATIONS A letter was read from Elster Dean Wolford, dated April 13th, 1966, asking permission to solicit pictures for 01an Mills, door to door in the City of Edgewater. A letter was read from Lawrence Mend1er, Commander, The American Legion Post #285 donating $10 to the City for a Shade Tree for the Park and Pier. A letter was read from E. G. Gawri1uk, Secretary, Edgewater Oak Hill Little League requesting the City Council approve payment of $160.00 for Little League Insurance. Page 2 of 7 pages ~ o o o r A letter was read from Ralph B. & Thelma E. Miller dated April 11th, 1966 requesting a variance on :ertain property in the City from residential to commerclal. A letter was read from William E. Finck, dated March 14th, 1966 requesting a variance on certain property in the City from residential to commercial. A letter was read from David L. Wiggins, Sr., Chairman of the Edgewater Zoning and Planning Board, dated april 15th, 1966 recommending the variance request of Mrs. Ellen T. Cook be denied. A letter was read from David L. Wiggins, Sr., Chairman of the Edgewater Zoning and Planning Board, dated April 15th, 1966 recommending the variance request of Mrs. Charles Teasley be granted for the purpose mentioned in the application but under no circumstances to include pets or animals of any kind. A letter was read from Mr. Richard D. Garbarino, Controller, Magnuson Properties, Inc., dated April 15th, 1966 regarding the maintenance of culverts at two locations in Florida Shores. If the City of Edgewater would make a request to Mr. J. E. Corbett, Manager, Industrial Development and Real Estate, Florida East Coast Railway Co., St. Augustine, Fla., he will r.ecommend to the Railway Management that the agreements be transferred to the City. Magnuson Properties, Inc. is now taking care of this maintenance. A letter was read from Verna Nistendirk, Director, Library Extension, dated April 7th, 1966 stating that the State Library and Historical Commission today approved your request for a grant of $12,650 for construction of an Edgewater Library facility with a total budget of $23,000. The U.S. Commissioner of Education should send a formal approval within a few weeks. A letter was read from Rose S. Matthews, Secretary, Edgewater Public Library, dated April 8th, 1966 stating the Library Board approved sending Librarian Ruth Driskel and Chairman Thelma Hennig as delegates to "In-service training classes for local staff members on Reference service in the Public Library", for that session of May 25, 1966 to be held at West Palm Beach Public Library. Estimated expense of this trip is $50.00. They requested this be approved by the Council. Motion duly made by Councilman Cairnie, seconded by Councilman Bebbington the request of Mr. Elster Wolford of Olan Mills be denied and by vote CARRIED. The roll call vote was unanimous. Councilman Cairnie thanked the American Legion for their donation of $10.00 for shade trees in the Park and Pier. The trees will be ordered shortly. Page 3 of 7 pages r U o o 6 Mayor Armstrong said the City has been paying for the Insurance for the Little League in Edgewater. There are a number of young boys fr.om Edgewater and some from Oak Hill. Motion duly made by Councilman Walls we support the League by paying for the Insurance in the amount of seconded by Councilman Cairnie and by vote CARRIED. call vote was unanimous. Little $160.00, The roll Motion duly made by Councilman Walls we turn the variance request from Ralph B. and Thelma E. Miller over to theZoning and Planning Board for their recommendation, seconded by Councilman Bebbington and by vote CARRIED. The roll call vote was unanimous. Motion duly made by Councilman Cairnie we turn the variance r~quest of William Finck over to the Zoning and Planning Board for their recommendation, seconded by Councilman Walls and by vote CARRIED. The roll call vote was unanimous. Motion duly made by Councilman Cairnie we accept the recommendation of the Zoning and Planning Board in reference to the variance request of Mrs. Ellen T. Cook, seconded by Councilman Walls and by vote CARRIED. The roll call vote was unanimous. (The Zoning Board recommended the request of Mrs. Cook be denied) Motion duly made by Councilman Walls we accept the reco~mendation of theZoning and Planning Board in reference to the variance request of Mrs. Charles Teasley, seconded by Councilman Cairnie and by vote CARRIED. The roll call vote was unanimous. (The Zoning Board recommended the request of Mrs. Teas1y be granted with reservations) Motion duly made by Councilman Bebbington the City take over the culverts in Florida Shores at 25th Street and 18th Street as requested in the letter from Magnuson Properties, Inc., seconded by Councilman Walls and by vote CARRIED. The roll call vote was unanimous. Motion duly made by Councilman Walls the trip by Mrs. Hennig and Mrs. Driske1 be authorized, seconded by Councilman Cairnie and by vote CARRIED. The roll call vote was unanimous. PUBLIC HEARING ON THE PAVING IN EDGEWATER Motion duly made by Councilman Cairnie that Old County Road be paved to Park Avenue as outlined by County Commissioners. Councilman Bebbington said he was the one who took this off the previous resolution due to the fact Mr. Saxon was to give us a formal request to have this road paved>as of this date we have gotten no request. The request was to come from the School Board. Councilman Lodico said Mr. Saxon stated we might get a request. We haven't had that request. Former Councilman Siller recommended waiting to pave the street until after the heavy equipment is done going over the road. Attorney Mathas read from the following Ordinance: An Ordinance authorizing the Paving of Certain Streets in the City of Edgewater, Vo1usi"a County, Florida. Adele Street (West of Flagler avenue) Ocean Avenue (West of Flagler Avenue) EdgewaterDrive and 19th Street (Coco Palm to Evergreen Tree Drive) Page 4 of 7 pages 6 o o 6 . . . Mr. Joseph Blauvelt, 3127 Needle Palm Drive, spoke concerning the paving done in Edgewater. The City of Edgewater is not getting a fair share of paving for the amount of taxes paid to the County. The Council should be more energetic in trying to obtain more paving in Edgewater. Some years we haven't gotten any paving whatsoever in the City. There was no paving done in 1964. A lot of work has been done South of Edgewater, in Waterway Park, where there are about ten houses. Mayor Armstrong said according to the law we can get a certain per cent of the money returned to the City and put it out for bids ourselves if we so desire. All of the shell for roads in Volusia County comes from Edgewater. At one time when I talked to the County Officials they said the reason we didn't get so much paving is that we received a lot of drainage work. We did forfeit one years paving when the Sewer Project was installed. We have quite a lengthy paving project this year. Most all of the streets will be let out for contract. Mr. Blauvelt said the paving done in 1965 was not good quality. Mayor Armstrong said they are now going to use a Lime Rock base which will be better. The Mayor. listed the streets to be paved this year that were approved by the previous council. Mr. Richard Hanson said the City has not received the paving it should have received in the past years. He suggested the council hold up on passing the paving ordinance and investigate the matter further. Councilman Cairnie suggested Harris Saxon be invited to our next meeting to give some details on the matter. A motion by Councilman Cairnie to pass the paving ordinance with a stipulation that further study be made died for lack of a second. ORDINANCE ORDINANCE NUMBER 481 AMENDING ORDINANCE NUMBER 480 OF THE CITY OF EDGEWATER, FLORIDA BY AMENDING SECTION NO.4. The above ordinance was read in full by City Attorney Mathas 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 Apr11 18th, 1966. The roll call vote was unanimous. Upon motion duly made by Councilman 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 April 18th, 1966. The roll call vote was unanimous. RESOLUTIONS None PROCLAMATION Mayor Armstrong signed a Proclamation designating April 30th, 1966 as Loyalty Day in the City of Edgewater. Page 5 of 7 pages l .0 o o 6 . . , OLD BUSINESS Councilman Bebbington: A Majority of the Council feel they are disatisfied with the services of our City Attorney. We request his resignation. Councilman Bebbington asked the City Clerk if she received his resignation. City Clerk said No. Motion duly made by Councilman Bebbington that Mr. Mathas be resigned as of tonight, seconded by Councilman Walls. Mayor Armstrong said he thought the Council would have to delegate the chair vacant or suspend services and terminate ordinance. Councilman Bebbington asked the Mayor if he instructed the City clerk to call Mr. Mathas and have him submit his resignation. Mayor Armstrong said he did so as per request of a majority of the Council. Mr. Mathas said he would not do this as it would not be in his best interest. He works at the will of the City Council but he would like some explanation as to why he is being dismissed. Councilman Bebbington said the majority of the Council felt he was not giving advise. The Council is not truly represented. Mr. Mathas should resign." W~ do not have to give excuses. Attorney Mathas said he didn't care to retain emp19yment but felt the City Council should dismiss him. Motion duly made by Councilman Walls that Mr. Don Mathas, Attorney, be dismissed from services, seconded by Councilman Bebbington and by ~ote CARRIED. The roll call vote was as follows: Councilman Lodico Councilman Cairnie Councilman Walls Councilman Bebbington Mayor Armstrong Attorney Mathas: It has been a pleasure to I have done my best to serve all of you and Edgewater. I regret leaving. I don't want of progress. Yea Nay Yea Yea Nay serve the Council. all the citizens of to stand in the way Mayor Armstrong: Mr. Mathas saved the money. I would like to commend hdm on His services far exceed expectations. let us down at all. City $160,000 in grant his duties to the City. I don't think he has NEW BUSINESS Mayor Armstrong said according to the City Charter the City Council shall have qualifications of electors and shall be tax payers on real and personal property within the City Limits of Edgewater and must reside in the Voting District from which they are elected. Last Thunsday I went to the Tax Office and Mrs. Paul, at the Tax Office, showed me the tax roll upon my request. Some members of the Council are not on the personal tax roll. One of the highest acts of any Legislature is a City Charter. It has top priority. This is a violation of our City Charter. Page 6 of 7 pages , u Q o II U . . . Upon a question from former Councilman Siller, Mayor Armstrong said he checked the Tax Roll in the last week. Mr. Siller asked who checks the petitions of the Council when they apply for office. Mayor Armstrong said the City Clerk checks the petitions. The Mayor further stated he felt the City Council is acting as a quasi legislative body. I am not going to say everything we have done is illegal but we could be subject to a law suit. I want it clarified. the only way this can be fully settled is in a Court. Councilman Lodico: I have he~e my REal Estate Tax Receipt and my intangible tax receipt. I have filled out an application for my personal tax. I have paid all the taxes I am supposed to pay. I defy anyone to prove differently. Councilman Walls questioned a statement by the Mayor that prominent law enforcement officers were investigating the Council. He wanted to know who the Mayor was referring to. Mayor Armstrong said he was not going to bring names into it. Councilman Walls said the Council has a right to know since they have been charged with malfeasance of office. There being no further business, motion duly made by Councilman Cairnie we recess until 'April 28th, 1966 at 9:00 A.M., seconded by Councilman Bebbington and there were no objections. Minutes taken by Marie Robnson. Time 9:20 P.M. ~~~J'T~ ?~~- A I~ ,/ ~ /~ "tO~NCILMAN ~ - ~ '>JV )-t - ~/l~ '-:1 ~ COUN AN ~'-- ./ ...... -..,., ~ ~~ ATTEST: #~~~~/J/ CORRECTIO S MADE AT REGULAR MAY 2nd, 1966 MEETING OF CITY COUNCIL HELD On Page 6, Last Paragraph, Minutes of the Regular Meeting of the . . . Page 7 of 7 pages Clty Councll held Aprll 18th, Mayor Armstrong said he did not talk to Mrs. Paul in the Tax Office but called at Mrs. Paul's Office and obtained personal property records which were made available for his inspection.