09-05-1962 - Recessed/Regular
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CONTINUED . HEETING OF THE CITY COUNCIL
OF THE CITY OF EDGEVIATER, VOLUSIA
COUNTY, FIDRIDA HELD SEPTEHBER 5th, 1962.
The cont-1d' I.leeting of the City Council of the City of Edgewater,
Florida was callcd'to order by fayor A. Hussey, September 5th, 1962
at 7:30 P.H.
ROLL CAl.L
Hayor A. Hussey
Counci~~ Carl A. Siller ~
Councilwan Stanley A. Seng, Sr.
C61lncilman Henry R. Palmateer
C0uncilman George S. Kennedy
City Clerk Kathryn B. O'Connell
Deputy Clerk Marie Robinson
City Attorney Jefferson Clark
Police Chief John Dekbler
Fire Chief C. Fred Garlick
Present
Present
Present
Present
Present
Present
Present
Present
Present
Present
The Ninutes of the Regular Meeting held August 20th, 1962 Nere presented
to each Councilman for his approval. Hotion duly made by Councilran
Siller these minutes stand approved as submitted, seconded by Courici1mro1
Palwateer and by vote CARRIED.
BILLS & ACCOUNTS
GEt.!ERAL FUND
Western Auto
Sa.ns Oil Corp.
Dv.right's
City of N.S.B. Utilities
Ford's Gulf Service
Zip Oil Station
Prentiss Hardware
LaFrance Uniforms
N.S.B. Police Department.
Claude E. Talley
R.L. Polk & Co.
Nieburger Chevrolet
Post Office for Post Cards
Nevi Smyrna Auto Supply
The Glencoe Press
Pitney-Bovles :r.:nc.
Clayton Foundry
The Baker & Taylor Co.
:Kid Florida OJ'l Co.
Pyrofax Gas Corp.
HATER DEPART}JENT
City of N.S.B. Utilities
Zip Oil Station
Ford's GuJ.t Service
Electric Service of N.S.B.
Prentiss Hardware
Charles H. Sieg, Jr.
New Smyrna Plumbing Supplies
6.98
4.13
69.78
501.25
.80
37.29
15.02
22.85
54.00
25.00
22.00
.60
.75
2.81
6.50
21.60
24.00
2.36
2,277.04
10.07
37.29
9.26
1.15
5.00
7.46
50.00'-
21.65
I'lotion duly r:ade by Councilman Seng these bills be paid and be made
a part of the minutes, seconded by Councilman Siller and by vote CARRIED.
Roll call vote being as follows:-
Councilman Siller
Counci:Jnan Seng
Councilman Palwateer
Councilman Ke~~edy
:rvrayor Hussey
Yea
Yea
Yea
Yea
Yea
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OFFICERS REPORTS
The Library Report for the month of August Vias read.
The Building Official's Report for the month of August Vias read.
The Clerk's Cash Statement for the month of August Vias read.
The Budget Report for the month of August Vias read.
COHHU~JICATIONS
A letter Vias read from the EdgeViater Zoning and Planning Board
concel~ing reclassification from Residential to Commercial of certain
property of Nat BroV/D.
A letter was read from the Edgewater Zoning and Planning Board
concerning the reclassification from Residential to Industrial
as applied for by Robert E. Fuller, Norma S. Fuller, Ralph B.
Hiller, <md Thelma E. lulIeI'.
A letter Vias read from the American Truss Co., Inc., Louis Selengut
President, requesting the reclassification from Residenial to Industrial
certain property belong to them.
A letter Vias read, signed by the entire Council and 14ayor to the City
of Ne,., Smyrna Beach concerning the Power Delivery to Edgewater,
cancelling of power contract for the reason that New Smyrna is unable
to meet its contract commitment for power delivery to Edgevlater.
A letter 11as read from the City of Kissimmee asking for a statemont
as required by the FCC so that they can 'lave a frequency very close
to the one we have.
A letter was read from the Edgewater Baptist Church saying that in
a special meeting they voted to go on record as opposing the extension
of the sale of alcoholic beverages in the city of Edgewater as is
proposed in the ordinance being considered by the City Council.
A letter of resignation was read from Counci~~n George S. Kennedy,
Zone Four, effective at close of next Council l1eeting, September l7th,1962.
ORDINANCES
ORDIN.'i.NCE NO. 325 APPROPR.IATING REVENUES TO BE COLLECTED FOR THE CITY
OF EDGEI'TATER, VOLUSIA COUNTY, FLORIDA, FOR THE FISCAL YEAR BEGINNI'T('
NOVEl'illER 1, 1962 AND ElIDING OCTOBER 31, 1963, TO THE VARIOUS ITEHS
OF THE CITY BUDGET.
The above ordinance was read in full by Attorney Clark and motion duly
made by Councilman Kennedy this ordinance be adopted, seconded by
Councilman Palmateer and passed by vote of the City Council of the
City of Edge1vater, Florida at the cont'd' meeting of the said Council
held on the 5th day of September, 1962. Roll call vote being as follows:-
Councilrr~n Siller
Counci~.an Seng
Councilw~ Palmateer
Councilman Kennedy
Hayor Hussey
Yea
Yea
Yea
Yea
Yea
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Upon motion duly made by Councilman Kennedy, seconded by Councilman
Siller and CARRIED, the requirement of reading said ordinance upon second reading
was waived and the ordinance was ordered put upon final passage.
Passed by vote of the City Council of the City of Edgewater, Florida at
the COJlt' 9:' meeting of said Council on the 5th day of September A.D.
1962 and approved as provided by law. The vote of said Council being
as folloi'ls:-
CouncilwBn Siller
Councilman Seng
Councilman Palmateer
Councilman Kennedy
}iIayor Hussey
Yea
Yea
Yea
Yea
Yea
ORDINANCE NO. 326 Al-'.iE}IDING ORDINANCE NO. 193 OF THE CITY OF EDGK:IATER, FLORIDA
ENTITLED ltAN ORDINANCE ADOPTING THE SOUTHERN STANDARD PIDHBING CODE."
The above ordinance was read in full by Attorney Clark and motion duly
made by Councilman Seng this ordinance be adopted, seconded by
Cotmcilwan Kennedy and passed by vote of the City Council of theCity
of Edge'\'/'ater, Florida at theconVd' meeting of the said Council
held on September 5th, 1962. Roll call vote being as follows:-
Councilman Siller
Councilman Seng
Councilman Palwateer
Councilman Kennedy
l\fayor Hussey
Yea
Yea
Yea
Yea
Yea
Upon motion duly wade by Councilman Palmateer seconded by Councilman
Seng and CARRIED, the requ~ment of reading said ordinance upon second
reading was waived and the ordinance was ordered put upon final passage.
Passed by vote of the City Council of the City of Edgewater, Florida
at the ~on~I~, meeting of said Council on the 5th day of September A.D.
1962 and approved as provided by law, the vote of the said Council
being as follows:-
Councilwan Siller
Councilman Seng
Councilman Palmateer
Councilman Kennedy
Hayor Hussey
Yea
Yea
Yea
Yea
Yea
ORDINANCE NO. 327 ADOPTING ALL OF THE PROVISIONS OF "THE :r.-rODEL TRAFFIC
ORDINANCE FOR HUNICIPALITIESlt EXCEPTING THEREFROH SUB-SECTION 1
OF SECTION 186.57, AS SET FORTH IN CHAPTER 186, 1961 EDITION, STATUTES
OF THE STATE OF FLORIDA, TOGETHER "lITH SUCH SUBSEQUENT CHANGES AS HAY
OCCUR THROUGH LEGISLATIVE ACTION RELATING THERETO, AND PROVIDING FOR
THE VIOLATIONS OF PROVISIONS OF THIS ORDINANCE.
The above ordinance was read in full by Attorney Clark and motion
duly wade by Councilman Palmateer this ordinance be adopted, seconded
by Councilman Kennedy and passed by vote of the City Council of the
City of Edgevlater, Florida at the 'cont'd meeting of the said Council on
the 5th day of September, 1962. Roll call vote being as follows:-
If
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Councilman Siller
Councilman Seng
Councilman Palmateer
Counci~an Kennedy
Hayor Hussey
Yea
Yea
Yea
Yea
Yea
Upon motion duly ITade by Counci~an Palmatee:, sec?nded ~y Councilman
Kennedy and CARRIED, the requirement of readlng sald ordln~ce upon second
reading was waived and the ordinance was ordered put upon flnal passage.
Passed by vote of the City Council of the City of Edgewater, Florida
at the .cont;"d' meeting of said Counciloon the 5th day of ~eptembe:,
A.D. 1962 and approved as provided by law, the vote of sald Councll
seing as foIbws:-
Councilman Siller
Councilman Seng
Councilman Pa~ateer
Councilman Kennedy
Hayor Hussey
Yea
Yea
Yea
Yea
Yea
RESOWTIONS
A RESOLUTION EXCUSING COUN~I1MAN STANLEY A. SENG~S ABSm~CE FROM
THREE CONSECUTIVE REGULAR MEETINGS OF THE CITY COUNCIL OF EDGEVIATER,
VOWSIA COUNTY, FLORIDA.
The above resolution was read in full by Attorney Clark and motion
duly made by Councilman Kennedy this resolution be adopted, seconded
by CouncilITan Siller and passed by vote of the City Council of the
City of Edgewater, Florida at the cont.' d.' meeting of the said council
held on September 5, 1962. Roll call vote being as follows;~
Councilman Siller
Councilman Seng
Councilman Palmateer
Councilman KennedJr
Hayor Hussey
Yea
Pass
Yea
Yea
Yea
Councilman Kennedy stated that the Council does not have an ordinance
to pass pertaining to the hours that bars can remain open because of
a technicality in the phrasing of the ordinance. We vall have it next week.
If ther are any objections to this ordinance you can speak up now.
ENGINEERS FEASIBILITY REPORT I-TAS GIVEN
I'lotion duly rrade by Counci~.an Palmateer we take this matter out from
being tabled which l~as done at a previous meeting, seconded by Councilman
Kennedy and by vote CARqJED.
The Engineer stated that filing this application ldth the Government
was free and does not mean in any way that you must go through .dth
this Sewer Project. The deadline for sending in the application is
September 15, 1962. vmen the Federal Government IDEU(es offer to thei
City, the City can accept or reject it.
Mrs. Vivian Oyler asked where the Treatment Plant would be located.
Engineer said that it can be located any where in the City. We ~dll
give it due consideration. These plants do not have to be detrimental
to the City. Some of them are often mistaken for a yacht club.
}~. J seph Blauvelt: President of the Property Ovmers Association stated
that ~here are a large group of people who are interested in the extending
of the water lines. People who do not have a ny city water will be supporting
Sewer System and Water System. If you do that it lrill be resisted by legal
action.
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Engineer: The surplus monies can be used to extend either or both.
Councilw~n Kennedy asked if we could possible get a bond for both
Sewage and VJater.
Engineer said that would be up to your financial adviser and that it
could be done.
hotion duly nade by Councilman Palmateer that we approve the sending
to the Federal Govel~ent our application, seconded by Councilman
Seng and by vote CARRIED. Roll call vote being as follows:-
Councilman Siller
Councilman Seng
.cour_c:-lman Palmateer
Cow1cilman Kennedy
Hayor lIussey
Yea
Yea
Yea
Yea
Yea
Motion duly made by Councilman Siller that we accept the Feasibility
Report, seconded by Councilman Palw~teer and by vote CARRIED. Roll
call vote being as follows:-
Councilw~n Siller
Councilman Seng
Councilman Palmateer
Councilman Kennedy
Hayor Hussey
Yea
Yea
Yea
Yea
Yea
The Council discussed the ordinance that was to be dravID up concerning
the extending of the hours that bars are to be allowed open and what
alcoholic beverages they can sell. Nat Brown asked if it was necessary
to have a charter change and take it our of the Council's hands and
hav8 the people vote on it. He stated that it has becone a political
football.
~tr. Shaeffer stated that you have to be able to seat 100 people
before you can sell liquor on Sunday. He stated that you are
\v.riting an orrinance when this man is not capable of filling the
state requirements.
Er. Alfred R. Southard read a letter he ',fiad written to the Council.
He stated that- .he vias a citizen and Tax Payer in the City of Edgewater.
He stated he was speaking for himself and for the official Board of the
First Christian Church of N.S.B. He was ~o authorized to speak for
Rev. Joseph Daab, l1inister of that Church. He stated that he was
against this new ordinance concerning the sale of alcoholic beverages.
He stated that if the decision of the ordinance was left to the
citizens of Edgewater, they would turn it down two to one in his
opinion.
11ayor Hussey said that he is against this ordinance and has been from
the start.
Itr. Koren, who had requested the change in hours, said that he is only
trying to w~e a living. ~~. Koren said that he doesn't necesaarily
want to stay open until 2 o'clock but if something should come up such
as a party or something I can do itl
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Motion. duly rnade by Councilw4n Siller ~hat an ordinance be dravm up
so that bars selling beer, ale and H:ine may stay' open until 2 A.H.
Sunday, seconded by Councilman Kennedy and by vc- ~e CARRIED. Roll
call vote being as follows:-
Councilman Siller
Councilman Seng
Councilman Palmateer
Councilman Kennedy
Hayor Hussey
Yea
Yea
Yea
Yea
Nay
}wtion duly made by Counci~an Siller we table the resignation of
Councilman Kennedy until the next meeting, seconded by Councilman
Palmateer and by vote CARRIED. Roll call vote being as follows:-
Counci~an Siller
Councilman Seng
Councilman Palw4teer
Councilman Kennedy
Nayor Hussey
Yea
Yea
Yea
Abstain
Yea.
Council stated that it Has a unanimous decision to send letter to
New Smyrna Beach concerning the Electric.
Notion duly made by Councilman Palmateer that the City of Kissirmnee
be pernitted to stay on the band or frequency close to ours, seconded
by Councilwan Siller and by vote C rried. Roll call vote being as
follows:-
Councilman Siller
Councilman Seng
Councilwan Palmateer
Councilman Keru1edy
Hayor Hussey
Yea
Yea
Yea
Yea
Yea
Motion duly made by Councilman Seng that the letter from the American
Truss Co. for reclassification be turned over to the Zoning and Planning
Board seconded by Councilman Kennedy and by vote CARRIED. Roll
call vote being as follows:-
Councilman Siller
Councilman Seng
Councilman Palmateer
Councilman Kennedy
Hayor Hussey
Yea
Yea
Yea
Yea
Yea
}:otion duly made by Councilman Kennedy that the recommendations bf
the Zoning and Planning Boar1 on both letters previously read be
accepted, seconded by CounciL~ Seng and by vote CARRIED. Roll
call vote being as follOvm:-
CouncilRan Siller
Councilman Seng
Councilman Palmateer
Councilman Kennedy
Mayor Hussey
Yea
Yea
Yea
Yea
Yea
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OLD BUSINESS
None
Nffi'l BUSINESS
Hotion duly made by Councilman Siller that He dona te ~?100 to
New S~Tna Beach High School for the bleacher seats they are
trying to put in since many of the children are from Edgewater,
seconded by Councilman Kennedy and by vote CARRIED. Roll
call vote being as follows:-
Councilman Siller
Councilman Seng
Councilman Palmateer
Councilman Kennedy
Hayor Hussey
Yea
Yea
Yea
Yea
Yea
!-Irs. Hennig thanked the lI.ayor for the railing at the Library.
f~. Dana Armstrong stated that at 8:00 A.M. on the 17th of
this month there vull be a meeting at the Halifax Law Center
and stated that our attorney should be there concerning the electric
supplied b~N.3.B.
Notion duly made by Councilman Kennedy that we write to Richey
Green, District Engineer, Florida St. Road Dept. concerning a
survey for a light on Park Avenue and state that the City is
vulling to pay for the light, seconded by Councilman Palmateer
and by vote CARRIED. Roll call vote being as follows:-
Councilman Siller
Councilman Seng
Councilman Palmateer
Councilman Kennedy
I<ayor Hussey
Yea
Yea
~ea
Yea
Yea
}~. Schwarter said that he wanted to put a porch on his house and
because of the Building Code he couldn't. He \'lanted to know
if it could be stretched. a Jittle so that he wouldn't have to use
concrete which 110ilild inconvenience him.
Er. LaBonde, Buildi:~"; Offical, stated that this I'1as nothing that
should be brought u~ before the CoUncil. I have no authority
to change the Building Code any more than the Coulnil does.
}~. Schwarter said that he would co~~ in and check again ,dth }tr.
LaBonde tomorrow.
Councilman Kennedy said that the FL'e Department is going to start
the pavillion ve~J soon.
TThere being no further business motion duly made by Councilrran
Kennedy, seconded by Councilman Palmateer and by vote CAHRIED
this meeting be recessed until September 10, 1962,
Time 9:45 P.N.
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Mayor r{ Ii, A" A' <I~ ~
Counci
Councilman /~~k
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ATTEST:
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