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10-22-1962 - Recessed/Regular v. "'- ~ ~ \ \.; CONTINUED l-IEETING OF TBE CITY COUNCIL OF THE CITY OF EDGE'tlA'IER, VOLUSIA COUNTY, FLORIDA, HELD OCTOBER 22ND, 1962. The Continued Meeting of the City Council of the City of Edgc\1ater, Florida was called to order by }~yor A. Hussey, October 2a1d, 1962 at 7 :30 P .}:. ROLL CAIL l.ayor A. Hussey Councilman Carl A. Siller Councilman Stanley A. Seng, Sr. Councilman Henl~ R. Palmateer Councilman John H. Zeilwan City Attorney Jefferson W. Clark Police Chief John Deibler Fire Chief C. Fred Garlick City Clerk Kathryn B. O'Connell Deputy Clerk }~rie Robinson Present Present Present Present Present Present Present Present Present Present The Einutes of the Regular Neetings of October 1st, 1962 and October 15th, 1962 and the Special l!eeting of October 19th, 1962 1;,e1"'e presented to each Counci~'1lan for his approval. L.otion duly ilade by Counci~an Seng these minutes stand approved as submitted, seconded by Councilman Siller and by vote C~lRIED. BILLS & ACCOUNTS General Fund Florida Power & Light Co. Edgewater Hotors K.B. O'Connell (reimburse, Parcel Post, Ins., & Post Cards) H. & W.B. Drew Co. Lloyd Cox Co. Thvight's vlalker' s n66n Edgewater I-Iower & Small Engine Ser. Zip Oil Station The Baker & Taylor Co. The Southern Bell Tel. & Tel. Co. Fisher's Body Shop Water Dep't - City of Edgewater Warren's Service Station N.S.B. Police Dep't Hanson & }~cCallister, Inc. Gulf Oil Corporation Southern Bell Tel. & Tel. Co. Roger B. Quincy }~tthews & Clark Viater Dep't Fund Southern Bell Tel. & Tel. Co. Florida Power & Light Co. Zip Oil Station Edgel".J'ater Hotors Hall }:achine v-Jorks Badger Eeter Hfg. Co. Paul Ream (telephone) reimburse J 64.33 41. 52 2.02 60.04 6.08 6.38 2.10 1.10 39.93 19.69 70.06 15.69 2.50 7.16 60.35 115.00 369.10 39.61 9.40 400"..00 17.87 117.89 3.65 2.50 10.00 396.60 3.55 l:otion duly made by Councilman Palmateer these bills be paid and be ~ade a part of the minutes, seconded by Councilman Seng ~~d by vote CARRIED. Roll call vote being as follows:- ~ l \..II l . \. " . ; '" \........ - , .. v \.t ~ '\ ~ .....J Councilman Siller Cour.L~ilman Seng Counci:Wan Palmateer CounciLnan Zeilman Hayor Hussey Yea Yea Yea Yea Yea OFFICl1LS R~PORTS The Police Report for the month of September was read. The Cash Statement for the month of September v~s read. The Budget Report for the month of September was read. PROCLANATION Proclamation signed by Hayor Hussey calling upon all of our citizens to observe Sunday, IJovember 11, 1962 as Veterans Day; and ask that the day be observed vnth appropriate ceremonies not only in tribute to our veterans, but also in rededication to the cause of peace i'n th honor thr~;ughou t the .lOr Id . COl,mUNICATIONS A letter viaS read from Frank Turck asking for a light to be put' on the pole across from his home which is located at 1800 South Riverside Drive. A letter was read from Joseph Emry, Jr., Chairrnan of the Zoning and Planning Board stating that at a meeting October 16, 1962 the Zoning Board recommended the variance on the property of Louis Selengut from residential to industrial. A letter "iaS read from Robertson & }~y saJing that they could not give an estimate on the cost of the audit but said that they can advise that the service would be based on a per diem basis, and that the fee would be in line .dth your previous audits if there l~ere no unusual circumstances. A letter was read from Klaus G~lter, Casa El Toro and Frank Barnes, Oasis Ear requesting that the Council pass an ordinance whereby the sale of liquor vnll be permissible between the hours of 12:01 to 2~00 A.H. Sundays and 12:00 noon Sundays to 2:00 A.H. Hondays. A letter was read from H.I:. Saxon, County Comrnissioner stating that it would be a good idea, after the comine election, to sit dOrm and i'lork out a road progran for Edgewater for the coming year. He said he would be glad to meet with the Council at the Council's convenience to 1'lork all of this out. A letter was read fro~l O.T. Silcox, Captain Special Service Department, Florida East Coast Railway Company, in connection with an ordinance that the council is considering permitting trains to go not over 20 }1.P.H. through Edgewa~er. He directed the Council's attention to agreements in effect between the Florida East Coast ~~lway and the City of Edgel'later covering the crossings at Indian River Boulevard and Ocean Avenue. A letter was read frrn~ the Housing & Home Finance Agency concerning Application No. P-Fla-3l25 , Sewer Facilities, Edgewater, Florida. " III 4w} ~ \ \",I v v , I RESOLUTIONS A RESOLUTION APPOINTING AN ElECTION BOARD, OF CLERK, INSPECTORS AND SPECIAL OFFICER FOR THE SPECIAL ElECTION TO BE }~D NO~lBER 6, 1962 TO ELECT A COUNCILEAN FOR UNEXPIRED 'IERH IN DISTRICT /14. Yne above resolution was read in full by Attorney Jefferson W. Clark and motion duly r~de by CouncilITan Palmateer this resolution be adopted seconded by Councilman Siller and passed by vote of the City Council of the City of ~dgewater, Florida at the Continued Meeting of the said council held on October 22, 1962. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilwan Zeilman Eayor Hussey Yea Yea Yea Yea Yea A HlESOLUTION DECLARING THE NOHINEES FOR THE OFFICE OF COUNCIUIAN IN ZONE 4, OF THE CITY OF EDGElilA'IER, VOLUSIA COUNTY, FLORIDA, TO BE HELD ON NOVENBER 6, 1962, Alfl PROVIDING FOR THE PREPARATION AND PRINTING O},' BALLOTS FOR SAID ELECTION. The above resc~ution was read in full by Attorney Jefferson W. Clark and motion duly made by Councilman Siller this resolution be adopted seconded by Councilman Seng and passed by vote of the City Council of the City of Edgevm.ter, Florida at the Continued !:eeting of the said Council held on October 22, 1962. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilwan Palwateer Councilman Zeiillan Hayor Hus sey Yea Yea Yea Yea Yea ORDINANCES ORDINANCE NO. 331 APPROPRIATING REVENUES TO BE COLIEC'IED FOR THE li.fATER DEPARTHENT OF THE CI'l'Y OF EDGE'dATER, VOLUSIA COUNTY, FLORIDA, FOR THE FISCAIJ YEAR BEGINlITNG NO~illER 1, 1962 ~ID ENDING OCTOBER 31, 1963, TO THE VARIOUS ITEHS OF rrHE CITY BUDGET. The abov~ ordinance was read in ~~ll by Attorney Clark and motion duly~ made by Cf"'Iuncilman Seng this ordin:mce by adopted, seconded by CounciLan Siller an~ passed by vote of the Gity Council of the City of Edgewater, Florida at the Continued Eeeting of the said Council held on October 22nd, 1962. Roll call vote being as follows:- Counci~,mn Siller Councilman Seng Counc~lman Palmateer Counc:i:h1an Zeilman Y.:aYOl' Hussey Yea Yea Yea Yea Yea Upon motion duly made by Councilrran Siller seconded by Councilman Seng and CARRIED, the requirement of reading said ordinance upon second reading Has 1'lai ved and the ordinance was ordered put upon final passage. I . l - u v v ,~" Passed by vote of the City Council of the City of Edgewater, Florida at the continued meeting of the said Council on the 22nd day of October A.D. 1962 and approved as provided by law. The vote of said Council being as follows:- Councilman Siller CounciJrAn Seng Councilman Palwateer CouncilwAn ZeilwAn Hayor Hussey Yea Yea Yea Yea Yea ORDINANCE NO. 332 REGULATING THE SPEED OF TRAINS THROUGH THE CITY OF EDGE\'lATER, FLORIDA, AND ESTABLISHING A PENALTY FOR THE VIOLATImr THEREOF. The above ordinance Has read in full by Attorney Clark and motion duly ~Ade by Councilwan Siller this ordinance be adopted, seconded by Councilw~~ Palmateer and passed by vote of the City Council of the City of Edge\~ter, Florida at the Continued Meeting of the said Council held on October 22nd, 1962. Roll call vote being as follO\'ls :- CouncilITan Siller For the record he stated this ordinance at no time has been set up to act as a threat to anyone or ary- body, it is just to protect the people crossing the 11R. Yea Yea Yea Yea Yea Councilman Seng CouncilwAn PalITAteer Councilman ZeilITan :r-:ayor :1ussey :r-:otion duly made:.by Councilman PalITateer that ~>300 be paid to Chamber of Commerce for the Christmas Lights for the City of Edgewater which .rill in turn become property of the City, seconded by Councilman Siller and by vote CARRIED. Nat BrO\'ITl asked about the Christrnas Lights that they had about 3 years ago. Councilman Palmateer said that the lights were in the City Hall the last he knew. Roll call vote on the previous motion 'I'laS as follovlS:- Councilwan Siller CouncilITAn Seng Councilman Palwateer Councilman Zei~an :r-~yor Hussey Yea Yea Yea Yea Yea NEllI BUSINESS Noti.m dulJr l!'ade by Councilman Seng that we advertise for bids on a new Police Car Lor the City, seconded by Councilman Pa~ateer and by vote CARRIED. Roll call vote being as follows:- Councilwa~ Siller Councilman Seng Councilroan Palmateer Councilman Zcilwan l.ay<r Hussey Yea Yea Yea Yea Yea " " './ ~ , \J u v I . 1iotion duly ~ade by Councilman Siller that we table the letter from the Housing and Home Finance Agency so the Council can give it some further study, seconded by Councilman Seng and by vote CARRIED. Councilman Siller stated that we should meet idth H.M. Saxon, Chairman of the County Commissioners, as he requested so that we wont have the same problem ~re had last year. Motion duly made by Councilman Seng that we table the letter from }~. Gruter and }..r. Barnes concerning the extending of hoursc that liquor may be served, seconded by Councilman Siller and by vote C~1RIED. Motion duly wade by Councilwan Palmateer that we retain Robertson & l1ay as our auditors this year, seconded by Councilman Seng and by vote CARRIED. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Zeilw.a.n r'!ayor Hussey Yea Yea Yea Yea Yea i':otion duly made by Councilman Sil:J.er that we abide by the recommendations of the Zoning Board concerning the variance on the property of Louis Selengut, seconded by Councilman Seng and by vote CARRIED. Roll call vote being as follows:- Councilman Siller Counciman Seng CouncilmaD Palmateer Counc~lman Zeiman :Hayor Hussey Yea Yea Yea Yea Yea }~. David Wiggins said he had written a letter complaining about lots to be cleaned and that Hanson & KcCallister had cleared them and that he thanked everyone for their co-operation. Hrs. Haxwell stated that there is a road in Florida Shores that has been all dug up and weeds are about 8 feet high. She said that something should be done about it or put up a light so that no one runs into it. ~~yor Hussey: t~k have been trying to finish up the crossovers. We have a very small crew for all the'W:lrk we have to do. \'[e have gone behind because of the trash pick up.n Councilman Siller stated that if this is a hazard it should have been fixed before the crossovers if it is going to endanger a life. V..rs. l~fflll said thatit vas like that before you started the crossovers or Virginia Street. p~yor Hussey said that i~en the street was first noticed to be like that they had lights there but someone turned them aside. Motion duly made by Councilman Siller that this street be taken care of tomorrow, seconded by Councilman Seng. There were no' objections. }~. Silcox of the Railroad asked if the Council will reconsider the ordinance for the reduction of the speed of trains through Edgewater. ---.- " v . . ~ v ~ \lIIIf Counci~;mn Siller asked what the speed of train~ was now. }~. Silcox said freight trains 80 about 55 E.P.H. and Passenger Trairo about 60 M.P.H. }~. Silcox asked the Council to consider the speed of the traffic through Edgewater on the highways. Counci~ Siller said that we have no control of the speed of cars on the highway and that the state sets those speeds. He also stated that if a train is going 20 M.P.H. you have more of a chance of getting across then if it is coming at 60 !of.P.H. He said that there "lill be school buses going through soon and we have to be careful. }~. Silcox said that the school buses have to stop at every crossing. He asked if they could change the ordinance to possibly read 45 R.P.H. instead of the 20 M.P.H. they have voted upon. He said that they have a :ot of things to move on the Railroad and 45 M.P.H. surely isn't an excessive speed. Hat Br01,m said that ,.re only have one life and thatis more important then freight traD1s going through our City. ~~s. }~~1ell said sometbing should be done about the weeas at the railroad crossings. She said it is almost impossible to see the trains cOIring. Nat Brovm said that ,~ have talked to different people about a light and have never gotten any i'mere vlith it. We have gotten no co-operation. lIre Silcox said he didn't know of any weeds on property that belongs tc.' the P.ailroad. Councilman Zeilnan asked if l~. Silcox would look into some of the cross arms on the Hailroads at Ocean Avenue and Indian River Boulevard and also a palo tree tha~ blocks the view. y~. Silcox said that the palm tree was not on the railroads property. rxs. Grayson said that some of the stop signs in Florida Shores are so over grovm ,.lith vreeds that they can not be seen. There has already been one accident. Councilman ZeilwBn said that he and }tr. Deibler, Police Chief, had been down there and decided that something should be done in the near future. }'~yor Hussey said that the weeds arotmd the signs would be taken careof. vIe haven't the nan power to take care of everything we have to do. Counci~~n Seng said that there is an ordinance on trash pick up and 11e should abide by this ordinance. We wouldn't be in the hole as mch as we 2.re if we did so. }~s. Angers asked about the bicycle rack at the Union Church. She said that it was all broken dovm and asked if it could be fixed. Nat Brovm said that he would take care of that. Ers. Ruth Angell, City Librarian, said that she had vIOrked at the City Library for three years. She wanted to knO\'l if there vlasn't some Cit;y Ordinance that stipulates if she can be firedby the Library Board. }~yor Hussey had said he would check into this. She said that she had been asked to resign and the only reason given was that it would make pleaant relations in the Libr~J. ~~. Kethhum said lIrs. Angell has done ~1 excellent job at the Library. She has TIade it a first class institutmon. . . v J \.[ ~ u ~ l.:a,yor Hussey: This :matter came out of the blue. I have nothing against any member of the Library Board or Ers. Angell. I adrrire the Library. I have adrrired lIrs. Angell. As I understand it r:rs . Angell va'ote to Talla.."lassee and as I understand it she should have contacted the Chairwan of the Library Board first. I did tell l.~s. Angell not to send in her resignation tmtil I had checked. City Attorney, Jefferson Clark, was called in and he I'laS asked if it l'las right for the Library Board to hire a"1d if it has a right to as}: for a resignation. vIe gave her a letter that said that the Joard has a right to ask for her resignation. We have to be governed by our Attorney. CouncilIran PalIr.ateer: I vms present at the meeting with 1-:rs. Angell and the Library Board and the attorney told us ve~J plainly that the charter reads that the Board nas the right to lure and fire. I asked the Board to reconsider their differences. I ,dll say this, tr.at at the time of the hearing and vuth regards to the letter, I lnyself asked }Irs. Angell I'Thy she 1"iI'ote to Tallahassee. I got no ansvrer. }~s. Theln~ Hennig, Chairw.ap of the Libra~J Board, presented letters to Attorney Clark to be read concerninr the firing of }:rs. Angell. They were in reference to lIrs. Hennig having to go to a County Librarian Official to explain the letter from }:rs. Angell. Ill's. Hennig read a letter saying that the Library Board bad voted unw..imously to discharge 1:rs. Angell for the reasons of being a discredit to the City and irresponsible, va'iting the letter which was in violation of the by-laws, and going over the headof her supervisor and also she was spreading gossip in th3 library. Counciman Palmateer: The Library is o1'med by the City of Edgewater. The Gift money that they may receive should be turned over to the City of EdgevTater. It vull be used for the Library only. The City Clerk is responsible for all monies that go in and go out of the City. I thinl: it should be done in the future. Nat Brovm: If I feel like glvlng money I want the Library Board to do vlhat they want 1:uth it. Attorney Clark clarified what IIr. Paill.ateer stated by saying that the City should not spend the money but would do vuth it 1ihatever the Library Board wanted done vuth it. Hat Brovm. stated that these organizations in the City are eoing to have a hard time finding people to be in these organizations if people are going to think that they are dishonest. CouncilIran Seng said that none of the Council has ever accused the Library Board or anyone else of being dishonest. He said that he thought the world of the libraF.f board. Attorney Clark said that by having the money go throgh the City Hall it is a perfect protection for the LibraIJ~ Board. ~~. Piser stated that he thought that everyone was going to wait for the audit and go by their recow~endations. IJ~yor Hussey said that the audit for the Library Books will be right along vuth the Regular City Audit. There 1'fi11 not be a special audit. II ., ~ f f '. I , ~ ~ 'I. \""J v Councilman Siller said that he felt the Library Board was capable of handling their OvID money. We are telling them we don't trust them. l~s. Hennig said that the Friends of the Library had donated fifty dollars to the Library Board and that the Board had been accused of not using it for books. Mrs. Hennig presented proof that the money had been used for the books. She also stated that the Board had con.."11ete books, and that the;'l are open for anyone to look at them. Lrs. Hennig said that they had turned over to Nrs. Angell the responsibility of handling book fines and other such monies. We have never questioned her about this. }~s. Kathryn O'Connell, City Clerk, said that the Community Center had their books in the City Hall. They don't object to this. Any bills by the Community Center are ok'd by them and then we pay them. Motion duly wade by Councilman Seng that the City Council completely back the Library Board in whatever they do. They are doing a good job. We should not stick our noses~ into their business, seconded by Councilman Siller and by vote CARRIED. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Zeilman Hayor Hussey Yea Yea Yea Yea Yea There being no further business motion duly made by Ccuncilman Seng we now adjourn, seconded by Councilman Palmateer and by vote CARRIED. Hinutes taken by Y..a.rie Robinson Time 9:15 Counciillan liu-JA.~ ~ // ~ /." //;' (u'l 7/ /r LV.;: {( 7 /) - ~ t:l " ,/ HaYOr~/' Counciill.a r ~cl t;L- CI drtr'- counCi~I...o.,. ATTES1': J~~. {Oa,1-T]~fJ! C,ty Clerk