04-21-1942 - Regular
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REGULAR MEETING OF THE TOVlN COlJNCI L OF THE TOWN OF EDGEWATER,
FLORIDA, ~LD IN V.I .A. HALL ON APRIL 2l, 1942.
Meeting called to order at 7:30 P.M. by Mayor Councilman Henry Stalnaker.
ROLL CALL.
Mayor
Councilman.
Councilman.
Councilman .
Clerk.
Attorney.
Marshall.
Henry cltalnaker.
G.L.Bailey.
O.E.Southard.
Walter C.Fuller.
J.U.Gillespie.
Horace King.
Present.
Pres ent.
Present.
Present.
Present.
Absent.
READING OF MINUTES.
The minutes of the meeting of April 7th were read, whereupon Councilman
Southard moved that they be approved as read, seconded by Councilman Bailey
and by vote'dedlared CARRIED.
BILLS AND ACCOUNTS.
The following bills were read:
New Smyrna Cretlit Bureau
Amco Feed Stores.
R.H.Rush.
Salaries for April. Henry Stalnaker.
O.E.Southard.
G.L.Bailey.
Walter C.Fuller.
Horace King.
Bond-Howell Lumber co.
Clerk's ]liss. Cash.
New Smyrna News.
Industrial Marine Co., Inc.
Councilman Bailey moved that these bills be approved, be paid
part of these minutes, seconded by Councilman Southard and by
CARRIED.
$ 1. 50
$6-5.10
6.00
4.00
4.00
4.00
60.00
100.00
87.23
2.00
2.70
10.29
and be made a j
vote declared
REPORTS OF OFFICERS.
The Clerk reported having received a consent to vacate certain alleys signed
by the property owners of the abutting property.
Counci~~n Bailey moved that this consent be received and be made a part of
these minutes, seconded by Councilman Southard and by vote declared CARRIED.
The Mayor reported far the Marshall that items 4,5 and 10 of the list of
March 19th had been taken care of. That the City of New Smyrna Beach would
impound dogs , the town to pay far their feed, and also to supply gas for
their extermination.
REPORTS OF STANDING CO~TTEES.
Councilman Southard reported that County Commissioner Beck had been. seen and
that he was having Park Ave. fixed and cleaned and the matter of ditches on
the North side and along the East side of Flaggler Ave. would be attended to
within a short time.
It was decided by Council to table the matter of condemning the Bay View Hotel
and the Sanitarium.
CO:MMUNICATIOBS.
A letter from the Board of Adjustment dated April 21st with a copy of a Re-
solution attached was discussed and refered to the attorney. The Clerk was to
notify the Board that a key could be obtained fuom Mayor Sta~akcr and that ~1
he would provide access to the Council Room for their meetings.
,.
Aletter from Mrs. Dora Christainsen dated April 15, 1942 was read in full.
The matter was tabled.
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Minutes of Apri~ 21, 1942.
Page 2.
ORDINANCES.
Ordinance No. 106 entitled," .AN ORDINANCE VACATING CERTAIN UNNAMED ALLEYS
IN THE TOWN OF EDGEWATER, FLORIDA." was read in full.
Councilman Bailey moved that Ordinance No. 106 be passed upon first readiQg
seconded by Councilman Southard and by vote declared CARRIED.
Councilman Bailey moved that the requirement of reading Ordinance No. 106
on second reading be waived and that said Ordinance be placed upon final
passage, seconded by Councilman Southard and by vote declared unanimously
Carried.
Whereupon it ,was mo,ved by Councilman Bailey, seconded by Councilman South-
ard, that Ordinance No. 106 be passed and adopted and a roll call vote
being taken resulted as follows;
Mayor Councilman.
Councilman.
Councilman.
Henry Stalnaker.
O.E.Southard.
G.L.Bailey.
Jes.
Yes.
Yes.
A Resolution entitled · RESOLUTION AUTHORIZING THE TOWN CLERK OF THE TOWN
OF EDGEllATER, FLORIDA, TO RE':'ASSESS CERTAIN PROPERTY IN SAID TOVlN FOR TAXES
FOR THE YEARS OF 1939 .AND 1940, AND TO EXTEND SAID TAXES ON TlIE TAX. ROLL. OF
SAID TOWN :H'OR THE YEAR OF 1941, ....4ND TO PROCEED TO COLLECT THE SAMill. tf was
read in full. .
Councilman Southard moved the adoption of the Resolution, seconded by
Councilman Bailey and adopted the vote of the Council being as follows;
Mayor Councilman. Henry Stalnaker. Yes.
Councilman. '. O.E .Southard. Yes.
Councilman. G.L.Bailey. Yes.
A copy of the resolution is attached and forms a part of these minutes.
NEVI BUSI:NESS.
Councilman Bailey moved that the Clerk be and he is hereby authorized to
refund to B.C.Forte holder of License No. 35 the sum of $2,50 such refund
being made on account of a change in the occupational license ordinance,
seconded by Councilman ~outhard and by vote declared CARRIED.
Councilman Southard moved that the Clerk write Sheriff Edward J.Stone and
request the appoinjInent of George L.Bailey as a Deputy Sheriff during the
duratio~of the War, seconded by Councilman Stalnaker and by vote declared
CARRIED. .
The Council requested the Mayor to see the J.P.Officer and request that he
discontinue the pratice of following the School Bus thru Edgewater.
Councilman Bailey moved that J.U.Gillespie be emplo~ed as Town Attorney for
the year May 1, 1942 to May 1, 1943 at a salary of w250.00 payable $100.00
as a retainer fee and $150.00 payable in four equal installments, or $37.50
on May 1st, August 1st, November 1st and February 1st, 1943, seconded by
Councilman Southard and by vote declared unanimously CARRIED.
The Clerk was requested to order six special police badges at a cost not to
exceed $6.00.
Councilman Southard moved that we do now adjourn, seconded by Councilman
Bailey and by vote declared CARRIED. Time 10:00 P.M.
llayor Councilma .
Councilman.
ATTEST:
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Town Clerk.
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.. e, tLe u.na~l'si[;ned, owne1'S of prope rty
u1utting ulon.::) tL.e line of tLe hereinafter described
unnamec... (..,~leys. in tLe ...'olm of ....,:.....eyiater, florida,
to-wit:
(1) That certain fifteen foot alley
lying north of Lots 4, 5, 6 and 7, and south
of lots 8, 9, 10 and 11 of ..ilkinson o:iubdivi-
sion;
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(Z) TLut certain fifteen foot alley
lyinb Ilest of Lot 11 oi' .. ilkinson uubdivision,
from its intersection itlith ,Iilkinson o;jtreet,
and runnin6' soutL a aistance of one hundred
fifty feet,
do hereoy consent to the vacatinJ of said alleys
by the Town Council of said Town, pursuant to the
provisions of ~ection 4, ~rticle VI of trdinance
1:0. 75 of s<..id Town.
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TAB~TE AND A LA CARTE MEAL~ .
AT PDPULAR PRICES
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"ONE OF Fl.ORIDA'S FINEST"
....;
----:<<---
H~be ~btp"
l\e~taurant anb Qt;ouri~t Qtourt
MODERN, CLEAN: HEATED CABINS
PRIVATE BATHS
U. S. ROUTE NO. 1
EDGEWATER, FLA.
April 21, 1942.
Honorable Town Counoil,
Town of Edgewater, Fla.
Dear sirs:
Your Board of Adjustment at their regular meeting
on the 14th instant appointed the undersigned as a oommittee
of one to present to you the attached resolution.
And to further ask that you appoint Paul Leddin
as a member of the Board of Adjustment to aot for la. J. J.
Baumgartner while he is out of town.
And that you give to the Board of Adjustment a key'
to the Town Hall and the meeting room so that it will not be
neoessary to go to Town Clerk Fuller's home for the key and
return it on each day we have a meeting.
I find it will be impossible for me to attend your
meeting tonight therefore this letter.
S~,e--
EdwarU . /~an
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TOWN OF EDGEWATER BOARD OF ADJtJSTMEUT
ED~fATER,FLORIDA,
APRIL 14, 1942.
Hon. TOrIN COUNCIL OF
ED GEWATER , FLORIDA.
GENTLEMEN:
YOUR BOARD OF AD JUST11ENT BEG LEAVE TO
SUBMIT TO YOU THE FOLLOWING RESOLUTION PASSED IN
REGULAR l.lONTHLY SESSIOF AT THE ABOVE DATE:
\l'HEREAS, WE, THE MEMBERS OF THE EDGE71ATER BOARD
OF AD JUST1.JEKT HA VE VOLUNTARILY OFFERED OUR SERVICE
IN THE INTERESTS OF OUR TOYlN AS 1.,:ORE FULLY SET FORTH
IN THE TOi'm ORDINANCE NO .104. ,
AND FURTHERHORE,
if.HEREAS, WE, IN THE PERFORMANCE OF OUR DUTIES
CAN ACC OMPLISH NO RESULTS FOR BETTERU:El~T OF PRESEKT
C011J)ITIONS THAT ARE J;IOST "NECESSARY TO ADVANCE THE
PURPORT OF THIS~ BOARD, WITHOUT THE FULL SUPPORT OF
THE TOvn{ COUl~CIL,
BE IT THEREFORE RESOLVED, ---- THAT WE URGE YOU
TO FULLY CO-OPERATE AND CO-ORDINATE WITH US IN ORDER
TO BRING ABOUT M:ORE EFFEC TUAL RESULTS, SUCH AS ADOP-
TED IN THIS SPECIFIC ORDI!\TAITCE AIm DECLARED THERE IlT
BY YOU.
~J.1~ RESP:X: TFULLY, YOUR BOARD OF AD JUSTMElJT,
U":::' ~<-;-:. . . Chairman.-. .~~. . . . .. (.
Attest, ......... Secretary. CJ~. ~~.
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-New Smyrna Beach, Fla.,
April 23rd, 1942.
Board of Adjustment,
Town of ~dgswater,
Edgewnte~, Florida.
Gantlamens-
At its regular meeting last Tuesday
evening the Town Council requested me to advise you
relative t? your suggestion that the Council appoi.nt
Mr. PattI D. t.eddin to act f"r your Board Member, Ur.
Baumgartner wh1~~ the latter is out of town.
The Ordinance croating the Board of AdJU~~IP.R~ -
ment 1s drawn according to 'Che provisions of the -, .".,.,
Act of 1939, and the provision of the OrdL.anca con-
cerning the terms of the members end filling vacan1es
is taken from that Act. Sinc~ Mr. Baumgartner is
only temporarily absent, no vacancy exists on the Board
and th'~e'-\:~Council has no authority to appoint anyone
temporarily in his place. The Act of 1939 contains
no provision for the appointment of alternate members
to act during the ternporn:oy absence of a mombel..
Therefore, until a vacancy exists, it is my
opin:ton that the Council can make no appointment.
Ho~,~'c"er, there is certainly no ob.jection to the Board
having Mr.. Ledd1n consu.lt with it, and assist you
and perfrom the duties of an Acting- ecretary, if you so
desire. ~
As attornev for the Town, I deem it my duty
in accordanco with the terms of m,y employment, to
render your Board such advice and legal assistance as
you 1!1n~' de sire at nny t1.me. If I can be of service
to you, I will be glad to meet with you at any time.
I ~m,
tiinceraly yoW"S,