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03-06-1967 - Regular G 1 Q o o 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 March 6th, 1967. ROLL CALL REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA HELD MARCH 6TH, 1967 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 Present Present Absent Present Present Present The Minutes of the Regular Meeting of the City Council held February 20th, 1967 and the Minutes of the Special Meeting of the City Council held February 22nd, 1967 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. The roll call vote was unanimous with the exception of Mayor Tingle who voted Nay on the minutes of Fe~ary 22nd as he did not attend this meeting. BILLS & ACCOUNTS General Gov1t. Southern Bell Telephone & Telegraph Co. Library Petty Cash Fund Board of County Commissioners Phil check Hanson & McCallister Pau 1 Ream Bro-Dart Industries Ruth Driskel - Library Maintenance Sea Horse Mobile Estates Sol-Ray Supplies Lloyd Cox Co. Frank's Home Supply Bank of New Smyrna Gulf Triple Service City of Edgewater New Smyrna Builders Supply Co. Charley's Welding Shop City Auto Supply Owens Terrazzo, Inc. International Business Machines Corp. News-Journal Corp. Prentiss Hardware Co. Charles A. Hall New Smyrna Beach-Edgewater Humane Society Brevard Tractor Co., Inc. James Bailey, Tax Assessor B & B Chemical Co., Inc. New Smyrna Beach Police Dept. Edgewater Motors Dr. A. E. Hixon Watkins Ford, Inc. New Smyrna Plumbing Supplies, Inc. Central Insurance Underwriters, Inc. Page 1 of 8 pages 5.75 2.72 93.60 10.00 6.08 4.00 25.20 10.00 65.00 33.11 5.75 3.60 10.00 9.00 2.50 21.76 189.70 76.60 139.25 2.25 2.80 17.68 371.05 50.00 3,136.00 41.13 85.75 12.00 37.76 90.00 13.33 2.46 26.69 G o o o -:; Water & Sewer Dept. The Permutit Co. Infilco Indian River GAs Co. Hall Machine Works Shafer Electric Co. City of Edgewater Jones Chemicals, Inc. Charley's Welding Shop City Auto Supply Coronado Paint Co. Sport Center Prentiss Hardware Co. Pitney-Bowes, Inc. New Smyrna Plumbing Supplies, Inc. 2.60 76.45 8.00 140.06 69.00 7.50 207.00 10.00 1. 74 8. 18 13.68 7.74 1. 10 4.97 Motion duly made by Councilman Bebbington these bills be paid and be made a part of the minutes, seconded by Councilman Walls and by vote CARRIED. Mayor Tingle said he objected to paying Dr. A. E. Hixon $90.00 for the Square Dances held each Friday Night. He said he couldn't see using tax payers money to pay for dancing lessons. Councilman Walls said $39.00 is really all the city pays. The balance is from donations made by those attending the Square Dances. It isn't a drain on the taxpayers money. The roll call on the above bills was unanimous with the exception of Mayor Tingle who voted Nay on the bill from Dr. A. E. Hixon. OFFICERS REPORTS Certification of Posting dated February 23rd, 1967, was read. Clerk's Cash Statement for February, 1967, was read. Budget Report for February, 1967, was read. Library Report for the month of February, 1967, was read. Certification of Bids dated March 6th, 1967, was read.(Addressograph and Police Car) COMMUNICATIONS A letter was r~ from Wm. J. Richards, dated February 25th, 1967, requesting the rezoning of Lots 482, 483 and 484 on Conn. Avenue. Hawks Park Subdivisdon. A letter was read from Irma S. ~i1kes, 138 W. Pine Bluff, dated February 20th, 1967 requesting the rezoning of her property so she can paint signs at her home. A 1 etter was read from Carl Shell, Pres i dent, Edgewater Shuff1 e Board Club, dated March 1st, 1967 requesting to meet with the City Council to discuss matters concerning the Shuffle Board Club. Letter was dated March 1st, 1967. A letter was. read from JoAnne Sikes, dated March 3rd, 1967, resigning as Custodian for the City Hall. The job requd~es too much time away from her children. A letter was read from The Edgewater Aub1ic School Patrol dated February 21st, 1967 expressing their appreciation for the$160 given to them by the City to send one member of the patrol and one chaperone to Washington, D.C. Page 2 of 8 pages " u o o o Motion duly made by Councilman Cairnie the letter from Mr. Wm. J. Richards be tabled for further study, seconded by Councilman Lodico and by vote CARRIED. The roll call vote was unanimous. Motion duly made by Councilman Cairnie the letter from Irma S. Wilkes be turned over to the Zoning Board for their recommendation, seconded by Councilman Walls and by vote CARRIED. The roll call vote was unanimous. Concerning the letter from Mr. Shell, Councilman Walls said the Council met with Mr. Shell on Thursday Night. They want to build a building near the Shuffle Board Area an~ the Council felt it would be better to get the general opinion of the public as to how they would go along with it. It would be paid for by the Shuffle Board Club and then turned over to the City. A public hearing will be held on March 20th, 1967 and Mr. Shell will present the proposal to the public. Motion duly made by Councilman Walls a public hearing be held on March 20th, 1967 at the Regular Council Meeting to listen to the proposal from the Shuffle Board Club, seconded by Councilman Bebbington and by vote CARRIED. The roll call vote was unanimous. The Council stated that applications will be accepted by the City Clerk for the Custodian Job at City Hall. Concerning the letter from the Edgewater School Patrol, Mayer Tingle said the Council was more than glad to give the money for the City of Edgewater. ORDINANCES ORDINANCE NUMBER 530 TERMINATING SERVICES OF A PART TIME POLICE OFFICER FOR THE CITY OF EDGEWATER, VODUSIA COUNTY, FLORIDA The above Ordinance was read in full by City Clerk Elsie L. Ward and motion duly made by Councilman Cairnie this ordinance be adopted with regrets, 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 March 6th, 1967. 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 the City Council held March 6th, 1967. The roll call vote was unanimous. RESOLUTIONS RESOLUTION NUMBER 169 CONCERNING THE ADOPTION OF A PROPOSED WATER DISTRIBUTION SERVICE ORDINANCE AND SETTING FORTH A PRELIMINARY SCHEDULE FIXING AND CLARIFYING WATER DISTRIBUTION SERVItE RATES AND CHARGES AND PROVIDING FOR A PUBLIC HEARING ON THE PROPOSED WATER DISTRIBUTION SERVICE ORDINANCE. The above Resolution was remin full by City Clerk 8sie L. Ward 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 regua1r meeting of the City Council held March 6th, 1967. The roll call vote was unanimous. Page 3 of 8 pages \ ' u o o " u RESOLUTION NUMBER 170 CONCERNING THE ADOPTION OF A PROPOSED SEWER ORDINANCE AND SETTING FORTH A PRELIMINARY SCHEDULE FIXING AND CLARIFYING SEWAGE SERVICE RATES AND CHARGES AND PROVIDING FOR A PUBLIC HEARING ON THE PROPOSED SEWER SERVICE ORDINANCE. The above Resolution was read in full by City Clerk Elsie L. Ward and motion duly made by Councilman Bebbington this resolution be adopted, seconded by Councilman Walls and passed by vote of the City Coun~i1 of the City of Edgewater, Florida at the regular meeting of the City Council held March 6th, 1967. The roll call vote was unanimous. RESOLUTION NUMBER 171 AUTHORIZING THE MAYOR OR THE VICE MAYOR AND THE CITY CLERK TO EXECUTE A STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR PURSUANT TO THE AWARD OF THE BID FOR THE CONSTRUCTION OF THE PUBLIC LIBRARY TO HAROLD J. READ, GENERAL CONTRACTOR. The above Resolution was read in full by City Clerk Elsie L. Ward 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 City Council held March 6th, 1967. Councilman Cairnie asked how the Council can legally do this. The Charter stipulates you can not accept a bid that is over the estimated bid. It is illegal. The charter says so. Councilman Bebbington said the City Attorney stated it is perfectly legal. Former mayor Dana T. Armstrong stated it is illegal to direct someone to perform duties when the Mayor is present to perform the duties. Councilman Lodico said the Charter states the Mayor should perform what is the will of the Council. If he is instructed to do something and doesn't, isn't that non feasance? Former Mayor Armstrong said it would not be non feasance if what he was asked to perform is illegal. Mayor Tingle said he did not have to sign anything if it is illegal. I disapprove of this. It is an illegal contract. I do not intend to sign it or approve of it. We have no City Attorney present. I want the Council to table it until the Attorney is present. I want to hear his decision from him directly. Councilman Lodico said the Council had a special meeting with the City Attorney and we heard from him then. Councilman Cairnie read from Section 117 of the City Charter. He said this contract violates that section. Councilman Walls said the cost to the City for the new library will be $23,000. We accepted a donation of $580.00 to cover the overage. The cost to the City is not in excess of the bid. Mayor Tingle said it is not legal for someone to donate money to brng a bid down. Page 4 of 8 pages , , u o o , , u Councilman Lodico stated that someone has given the City money for the new library. Florida Power & Light gave the City a donation of $10,000 not long ago. This gentlemen gave money out of his own pocket. I would be ashamed to say "Take it away, we don1t want it". The roll call vote of the above Resolution was as follows: Councilman Lodico Councilman Cairnie Councilman Walls Councilman Bebbington Mayor Tingle Yea Nay Yea Yea Nay RESOLUTION NUMBER 172 AUTHORIZ1NG THE MN.Y~R OR THE VrfCE MAYOR AND THE CITY CLERK TO EXECUTE DRAFTS AND CHECKS ON THE PUBLI~ LIBRARY ACCOUNT PURSUANT TO THE CONSTRUCTION OF THE PUBLIC LIBRARY FOR THE CITY OF EDGEWATER, FLORIDA. The above Resolution was read in full by City Clerk Elsie L. Ward 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 City Council held March 6th, 1967. Councilman Cairnie read from Sec~ion No. 76 of the City Charter stating who could sign checks and warrants. The Mayor and City Clerk are the only ones who can sign the checks. Councilman Lodico said the whole project started before Mayor Tingle came into office. We appointed the Wi~e Mayor and City Clerk to do this job. He stated that Attorney Hall is in Miami but on Thunday night he met with the council. If the Mayor would have attended he would have known what was going on. The roll call vote on the above resolution was as follows: Councilman Lodico Councilman Cairnie Councilman Walls Councilman Bebbington Mayor Tingle Yea Nay Yea Yea Nay RESOLUTION NUMBER 173 APPOINTING ELSIE L. WARD, CITY CLERK, AS LIBRARY PROJECT AGENT FOR THE NEW PUBLIC LIBRARY FOR THE CITY OF EDGEWATER, FLORIDA The above Resolution was read in full by City Clerk Elsie L. Ward 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 March 6th, 1967. The roll call vote was as follows: Councilman Lodico Councilman Cairnie Councilman Walls Councilman Bebbington Mayor Tingle Yea Nay Yea Yea Nay Page 5 of 8 pages , I V (.) o , I U Mayor Tingle said he didn't know whether this was legal or illegal. I don't want to put my name on anything that is i11eg~. I am against the location of the library. Councilman Walls said that in May, June and July the Council had public meetings on this new library building. There were no objections to the site then. February was the first time we heard any complaints on the site. Many organizations were shown proposals on the new library. Mayor Tingle said he knew of no organizations that had any information on the library. Councilman Lodico said the Council had a meeting with Mi'~s Cole and she told the council that this building will be ours one year from now. It will be city owned. RESOLUTION NUMBER 174 APPOINTING AND DESIGNATING VARIOUS MEMBERS OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA AS SUPERVISORS OF VARIOUS DEPARTMENTS AND FUNCTIONS OF THE CITY. The above Resolution was read in full by City Clerk Elsie L. Ward and motion duly made by Councilman Bebbington this resolution be adopted, seconded by Councilman Walls. Councilman Walls and Fire Chief Hanson got into a disoussion as to a supervisor over the Fire Department. Councilman Walls said he would just coordinate things between the Fire Department and the City Council. He will not control the Firemen in any way. Anything he does is subject to the will of the City Council. Motion duly made by Councilman Bebbington the above resolution be amended to read ADVISORS OF VARffiOUS DEPARTMENTS AND FUNCTIONS OF THE CITY AND NOT SUPERVISORS OF VARIOUS DEPARTMENTS AND FUNCTIONS OF THE CITY. Motion seconded by Councilman Walls an by vote CARRIED. Passed by vote of the City Council of the City of Edgewater, Florida at the regular meeting of the City Council held March 6th, 1967. The roll call vote was unanimous with the exception of Mayor Tingle who voted Nay. OLD BUSINESS None NEW BUSINESS Motion duly made by Councilman Bebbington we place bids on a new calculating machine; bids to be in by 4:00 P.M. March 20th, 1967, seconded by Councilman Walls and by vote CARRIED. The roll call vote was unanimous. Motion duly made by Councilman Bebbington we place bids on refinishing the outside of the City Building; bids to be in by 4:00 P.M. March 20th, 1967, seconded by Councilman Walls and by vote CARRIED. The roll call vote was unanimous. The Council said no bids were received on the wrecked police car and the addreseograph machine. Page 6 of 8 pages " u (.) o o Mayor Tingle said he wanted to clarify some articles that were in the newspapers. He called Chief Witmeyer to the front and said he wanted to ask some questions. He said the Chief did not have to answer if he didn't want to. One article in the paper said Mayor Tingle had usurped the authority of the Chief. Chief Witmeyer said his differences with Mayor Tingle stemmed from the fact that Mayor Tingle wanted to put Mr. Schneider on the School Crossing and he wou1dn'too it as the man was not well enough to stand in the middle of the street and direct traffic. Mayor Tingle said the Chief did not obey his order with regards to the School Crossing. Mayor Tingle said he was appointed in charge of the Police Department and felt he should have some authority. He said the City Attorney told him he had authority over the Police Department. I never went over the Chief but I am the Mayor of this City and should have some authority. Mayor Tingle said the Mayor~ou1d have some authority and be able to use some discretion. Mayor Tingle said he came in to the Police Department one night and there was a Dispatcher there~ that he didn't even know about. He felt he should have been consulted. The Dispatcher said he was there on the authority of the Chief of Police. The Chief has no authority to hire anyone. Mayor Tingle said he has served as Councilman in this City for two years. I have lived here a good many years and never seen anything like this &n the City of Edgewater. Mayor Tingle read the following statement dated March 6th, 1967 To the people of Edgewater: As you have witnessed here tonight, our council has made the office of Mayor, "Unnecessary". I can no longer serve in the Interest of the Tax Payer, or for the welfare of our City. At first I found the unfavorable publicity of our boys amusing, but as time went on I find the degradation and false statements, unbearable to me and grossly unfair to my wife, and family. Sine I can no longer carry out the wishes of the people, I have no alternative but to hand to the Coonci1, My resignation. My sincere thanks to those who have stuck by me thru these short months, and my best wishes for a more successful regime in the future. Mayor Tingle presented the following letter to Mrs. Ward to read. Letter dated March 6th, 1967. It read as follows: Effectively immediately, My Resignation. Thank you. Earl L. Tingle, Mayor. Motion duly made by Councilman Bebbington we accept the resig"8tion with regrets, seconded by Councilman Walls and by vote CARRIED. The roll call vote was unanimous with the exception of Councilman Cairnie who voted Nay. Vice Mayor Jacob Lodico took over the Council Meeting. Vice Mayor Lodico stated there wasacheck to be signed the other day. It was the salary of one of our part time patrolman. Mayor Tingle would not sign it. The man .had been hired by Resolution and never was discharged. But when the man had a court case the Judge signed the warrant and took his $25.00. - Vice Mayor Lodico said the entire council agreed to let Chief Witmeyer check applications for a dispatcher. We agreed una n i mo u sly. Page 7 of 8 pages G o o 1 . u Mr. Nat Brittingham, President of the Chamber of Commerce, said he hoped he never saw another employee of the City brought before the Council as Chief Witmeyer was tonight. MISCE~u..ANEOUS Councilman Bebbington said a REsolution will be presented at the March 20th meeting appointing a Zoning Board of Adjustment and a New Planning Board. There being no further business, motion duly made by Councilman Cairnie we now adjourn, seconded by Councilman Walls and there were no objections. Minutes taken by Marie Robinson. Time 9:20 P.M. A~ST: AA~ ~ CI~ C(ERK >tvvd- Page 8 of 8 pages ~ I~/i- I