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07-02-1962 - Regular . ~ v u REGULAR BEETING OF THE CITY COUNCIL OF THE CITY OF EDGE- WATER, VOLUSIA COUNTY, FLORIDA HELD JULY 2, 1962 iii U The Regular 'Heeting of the City Council of the City of Edgewater, Florida was called to order by 'Mayor A. Hussey, July 2, 1962 at 7:30 P.M. ROLL CALL Mayor A. Hussey Councilman C. Siller Councilman S.A. Seng, Sr. Councilman H.R. Palmateer Councilman G.S. Kennedy Deputy Clerk K.B. O'Connell City Attorney Jefferson Clark Police Chief John Deibler Fire Chief C. Fred Garlick Present Present Present Present Present Present Present Present Present The Ninutes of the Regular Meeting held June 18th ,rere presented to each Councilman for his approval. Notion duly w,ade by Councilman Seng these minutes stand approved as submitted, seconded by Councilman Palmateer and by vote CARRIED. BILLS & ACCOUNTS General Fund Edgewater Motors Prentiss Hardware Co. Gulf Oil Products James Seeley City of N.S.B. - Electric Lloyd Cox Company W.Q. Dowling, Jr. (Fog Nozzle) Dwight's Edgewater }bWer & Small Engine Bond-Howell Frank's Home Supply (Reiwburse Shippee) 167.60 13.06 401.30 4.50 505.83 58.47 72.50 8.44 7.03 30.80 Steven's Lock Shop Postmaster - Box Rent Foducts, Inc. (Little League) Hill Bros. Tire Co. N.S.B. News - Zoning Notice The Glencoe Press Florida Oil Co. vi.L. Robertson Cornelia S. Paul Robert son & }lIay New Smyrna Auto Supply Governmental Guide Jefferson W. Clark New Smyrna Builders Supply C.G. Braxmar Co., Inc. .95 19.95 6.00 33.90 7.50 21.00 9.75 906.30 42.03 Tax Collector 117.37 165.00 9.09 7.00 75.00 3.13 26 .41 Water Department Davis JvIeter & Supp~y Co., Inc. 86.74 Smith's Pharmany Inc. (reimburse Ream) 1.60 City of N.S.B. - Electric 43.67 l'lallace & Tiernan, Inc 50.34 National Cash Register Co. 4.48 Charley's Welding Shop 14.50 Florida Pollution Control Assos. 12.00 Prentiss Hardware Co. 2.64 .. u v u v Out of County Library Fund Best in Children's Books Nathaniel Dame & Co. The Baker & Taylor Co. 57.97 10.53 1.70 10.49 68.50 Motion duly made by Councilman Seng these bills be paid and be lP.ade a part of the minutes, seconded by Councilman Siller and by vote CARRIED. Roll call vote being as follOl'1S:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Kennedy Mayor Hussey Yea Yea Yea Yea Yea COMr'IDNICATIONS A letter.~was read from Briley, Wild & Associates notifying the City of the Advertisement for Bids in the News-Journal Corporation. A letter was read from W.M. Gillespie, Attorney for Silver Ridge Incorporated, a Florida Corporation, making an application for extension of .'later mains to certain land OIilled by Silver Ridge, Inc. in the City limits of Edgewater. A letter was read from Travelers Insurance Company asking for a copy of the new audit when it is available. A letter was read from the Board of County Commissioners, Volusia County, Florida asking for our resolution requesting tax levy for the year 1963. A letter from Robert Koren, Utica Bar, was read requesting change of hours for the Utica Bar to be open from 8 a.m. Saturday to 2 a.m. Sunday, and 8 a.m. Sunday to 2 p.m. }fonday. A letter was read from Councilman Stanley A. Seng, Sr. requesting to be excused from the Council Heetings on July 16th and August 6th, 1962. OFFICERS REPORTS The Building Official Report for the month of June, 1962 was read. Report of the ZoPing Board - June 26th, 1962 - It stated that a motion had been made, seconded, and CARRIED that petition for a variance on the property of Ralph & Hary Ovrens to operate a Fish Camp on their property be denied. l-fr. Emry stated, "the petition had been turned d01m but you can go before the City Council and present your claim and they have the final say-so. We just make recommendations." 11otion duly made by CouncilInan Palmateer this recommendation;:J of the Zo~ing Board b~ adopted, seconded By Councilman Kennedy and by vote CARRIED. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Kennedy l'~yor Hussey Yea Yea Yea Yea Yea Hotion duly wade by Councilman Siller that the request of CouncilJI1.an Seng's be granted, seconded by Councilman Palmateer and by vote .- CARRIED. Roll call vote being as follo1'1S:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Kennedy Hayor Hussey Yea Pass Yea Yea Yea , .. .... v ~ (.J 11 U II Discussion concerning the request of 11r. Koren from the Utica Bar. Councilman Siller: I can realize this mans position due to the fact that a lot of the local business is going to New Smyrna Beach because they have longer hours. Notion duly rna:l. e by Councilman Siller that we table this until we find out and investigate how some of the other Tavern Owners feel. Councilman Kennedy also stated that we should cheo~-with some of the local Churches and see how they feel about it. Notion seconded by Councilman Palmateer and by vote CARRIED. It was stated that the bids for the Water Extension Lines in the Silver Ridge Subdivision will be open 1:30 P.M. July 18th, 1962. RESOW TI ONS A RESOLUTION AUTHORIZING THE lfJAYOR AND CITY CLERK OF EDGEWATER, FLORIDA, TO PREPARE SIGNATURE CARDS FOR, AND HAVE ACr:Ti',SS TO, THE SAFETY DEPOSIT BOX OF SAID CITY, AS MAINTAI.N8D AT THE BANK OF NEW SMYRNA, NEW Sl-'IYRNA BEACH, FLORIDA. The above resolution was read in full by Attorney Jefferson W. Clark and motion duly made by Councilman Seng this resolution be adopted seconded by Councilman Siller and passed by vote of the City Council of the City of Edgewater, Florida at the regular meeting of the said Council held on July 2, 1962. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Kennedy Hayor Hussey Yea Yea Yea Yea Yea ORDINANCES ORDINANCE NO. 317 DESIGNATING AND APPOINTING A CITY CLERK FOR THE CITY OF EDGEWATER, VOWSIA COUNTY, FLORIDA, AND SETTING FORTH CO~ITENSATION FOR SUCH OFFICE. The above ordinance was read in full by At;torney Clark and motion duly made by Councilwan Seng this ordinance be adopted, seconded by Councilman Palmateer and passed by vote of the City Council of the City of Edgewater, Florida at the regular meeting of the said Council held on July 2nd, 1962. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palwateer Councilman hennedy :Hayor Hussey Yea Yea Yea Yea Yea Upon motion duly made by Councilman Siller seconded by Councilman Kennedy and CARRIED, the requirement of reading said ordinance upon second reading was waived and the ordinance was put' upon final passage. Passed by vote of the City Council of the City of Edgewater, Florida at the regular meeting of said Council on the 2nd day of July A.D. 1962 and approved as provided by law, the vote of said Council being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Kennedy :Hayor Hussey Yea Yea Yea Yea Yea . v v . v v ORDINANCE NO. 318 DESIGNATING AND APPOINTING A DEPUTY CITY CLERK FOR THE CITY OF EDGEVlATER, VOLUSIA COUNTY, FLORIDA, AND SETTING FORTH COMPENSATION FOR SUCH OFFICE. The above ordinance was read in full by Attorney Jefferson Clark and motion duly made by Councilman Seng this ordinance be abpted, seconded by Councilman Kennedy and passed by vote of the City Council of the City of Edge~mter, Florida aththe regular meeting of the said Council held on July 2nd, 1962. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Kennedy Mayer Hussey Asked if the Bonding Company had been notified. The City Clerk said that Hr. Grafton was taking care of that. Vtted Yea Yea Yea Yea Yea Upon motion duly made by Councilman Palmateer and seconded by Councilman Kennedy and CARRIED, the requirement of reading said ordinane 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 regular meeting of said Council on the 2nd day of July A.D. 1962 and approved as provided by law. The vote of said Council being as follows:- Councilman Siller Councilman Seng Coundlrnan Palmateer Councilman Kennedy Hayor Hussey Yea Yea Yea Yea Yea ORDINANCE NO. 319 DESIGNATING AND APPOINTING A PATROIJ::1AN FOR THE CITY OF EDGEvlATER, VOLUSIA COUNTY, FLORIDA, AND SETTING FOiTH CO}WENSATION FOR SUCH OFFICE. The above ordinance was read in full by Attorney Jefferson Clark anc. mbtion 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 Edgewater, Florida at the regular meeting of the said Council held on July 2nd, 1962. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Kennedy Hayor Hussey After reviewing our budget and particularly the Riice ~epartment I don't thirk -we have enough money to lJay for the Police Officer after the csecond -week in August . Vote being Nay Yea Yea Yea Yea Upon motion duly made by Councilman Kennedy, seconded by Councilman Palmateer and CARRIED, the requirement of reading said ordinance upon second reading was waived and the ordinance was ordered put upon final passage. . " v u u v Passed by vote of the City Council of the City of Edgewater, Florida at the regular meeting of said Council on the 2nd day of July A.D. 1962 and approved as provided by law. The vote of said Council being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Kennedy Mayor Hussey Yea Yea Yea Yea Yea ORDINANCE NO. 320 REGULATING THE INSTALLATION OF EXHAUST FANS IN BUILDINGS IN THE CITY OF EDGEWATER, FLORIDA AND PROVIDING A PENALTY FORTTHE VIOLATION THEREOF. The above ordinance was read in full by Attorney Jefferson Clark and motion duly made by Councilman Palmateer this ordinance be adopted, seconded by Councilman Siller and passed by vote of the City Council of the City of Edgewater, Florida at the regular meeting of the said Council held on July 2nd,1962. Roll call vote being as follows:- Councilman Siller Councilman sEng Councilman Palmateer Councilman Kennedy :Hayor Hussey Yea Yea Yea Yea Yea Upon motion duly made by Councilman Siller, seconded by Councilman Palmateer 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 regular meeting of said Council on the 2nd day of July A.D., 1962 and approved as provided by law. The vote of said Council being as follows:- Councilman Siller Councilman S-eng Councilman Palmaaeer Councilman Kennedy Nayor Hussey Yea Yea Yea Yea Yea ORDINANCE NO. 321 REQUIRING THE KEEPING OF PREf;JlSES WITHIN THE CITY OF EDGEvlATER, FLORIDA, FREE OF WEEDS, GRASS AND UNDERGROWTH OF A HEIGHT OF 12 INCHES OR HORE, AND RUBBISH, TRASH, DEBRIS, DEAD TREES AND UNSIGHTLY AJID UNSANITARY EXCAVATIONS OR DEPRESSIONS ON ANY LAND OR SIDEWALK WITHIN THE CITY LUlITS; PROVIDING FOR CLEARING OF SUCH PREI{[SES OR REl-lEDYING OF THE CONDITION THEREOF BY THE CITY UPON FAILURE OF THE OVJNER AFTER NOTICE SO TO 00, AND PROVIDING THAT THE COST THEREOF SHALL BE A LIEN AGAINST THE PROPERTY; PRESCRIBING THE PROCEDURE TO BE FOLLOWED IN THE U1POSITION OF SUCH LIEN AND THE COLLECTION THEREOF, AND PROVIDING A PENALTY FOR THE VIOLATION OF PROVISIONS OF THIS ORDINANCE. The above ordinance was read in full by Attorney Jefferson Clark and motion duly made by Councilman Palmateer this ordinance be adopted, seconded by Councilman Kennedy and passed by vote of the City Council of the City of Edgewater, Florida at the regular meeting of the said Council held on July 2, 1962. Roll call vote being as follows:- . . ~ ~ u u Councilman Siller Abstain I am highly in favor of our lots being cleared. I know we need it badly. But the penalties are very severe. Right now the grass on the Highway Strip that belongs to the state is way over 12 inches. Yea Yea Yea Yea Councilman Seng Councilman Palmateer Councilman Kennedy Mayor Hussey Upon motion duly made by Councilman Kennedy, seconded by Councilman Palmateer and CARRIED, the requirement of reading said ordinance upon second reading was vlaived and the ordinance was ordered put upon final passage. Passed by vote of the City Council of the City of Edgewater, Florida at the regular meeting of said Council on the 2nd day of July A.D., 1962 and approved as provided by law, the vote of said Council being as follows:- Councilwan Siller Councilman Seng Councilman Palmateer Councilman Kennedy Mayor Hussey Yea Yea Yea Yea Yea Councilman Kennedy stated that to inforce this ordinance it must be done by resolution and all the Oouncilman have a vote on it. OLD BUSINESS Motion duly made by Councilman Kennedy that vre accept the auditors recommendations and have the forms in the City Hall be made out in triplicate, seconded by Councilman Palmateer and by vote CARRIED. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Kennedy Mayor Hussey Yea Yea Yea Yea Yea NEW BUSINESS Councilman Kennedy said he had some complaints that there were rats in Florida Shores. Motion duly made by Councilman Kennedy that the City Clerk contact the Board of Health about this matter, seconded by Councilwan Palmateer and by vote CARRIED. Councilman Palmateer state:! that specifications be turned 0'03" to the engineers to determine where .~ter lines vull go in on the new development. Councilman Seng questioned as to whether the property owners have been paYing for the paving that was done on their streets. The City Clerk stated that most of them were paid up and some are coming in gradually. ~ ~ . ~ ~ "'" Hr. Nat 'BrO\m stated that some of the streets are not paved around the corners and this will cause the paving to crack. Councilman Pa1IT~teer stated that he had been watching this closely and is waiting to see what will happen. He agreed that there was no sense in paving just part of it like it is now. He is waiting to see what the County does. }III'. Wiggins, Vice President of the Florida Shores Property Owners, had two questions for the Council. 1. Has the communication from the Florida ghores Property Owners been read to the Council? }.fayor Hussey stated that it would be taken up "lith the new budget. 2. With regards to the ordinance that was passed tonight, does that apply to undeveloped lots in Florida Shores? Councilman Siller: As I understand it, it applies to all. Nat Brown: You are taking in too much territory and getting nowhere. You can't expect developers like Florida Shores to clear lots when 90 per cent are undeveloped. It is asking too much. Any~djoining property ~o houses should be cut. Attorney Clark: I can see the point you are trying to w.ake. I have no official position here. The purpose of the Ordinance is to give the City theikey to keep undesirable places out of the City. The ordinance is flexible. It should be used with discretion and good judgment. Some other people from the audience made comments as to the ordinance. HI'S. Grayson and HI'S. Hennig spoke with regards to the Youth Organization for teenagers, from 12 to 18 years of age. Councilman Siller stated that his son had gone and had a very good time. Hr. Brown stattd that we should try to get a baseball field for the teenagers. He stated that the land that is layed out for the school has a place for a ball field. }tr. Hanson stated that he had the deed for the extension of 12th St. and it will be graded. Mayor Hussey: Due to the fact that the Board of County Commissioners is requesting our resolution for the tax levy, I would suggest at this time that we recess this meeting until 7:30 Thursday which will give us time to draw up the Resolution. Motion duly made by Councilman Kennedy that we recess until July 5, 1962, seconded by Councilman Palmateer and by vote: CARRIED. Time 8:30 P.M. Mayor . i\ d, . Ii~Jb4 t? - ? 7' /' '9-d- / " Counci Councilman ATTEST: ~1:1~~ (Q (J ~<ne/I!