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04-15-1963 - Regular . v v ... REGULAR J.'.IEETING OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA HELD APRIL 15, 1963 u v. The Regular Meeting of the City Council of the City of Edgewater, Florida held April 15, 1963 was called to order by l~or A. Hussey at 7:30 P.M. ROLL CALL Mayor A. Hussey Councilrnan Carl A. Siller Councilrnan Stanley A. Seng, Sr. Councilrnan Henry R. Palmateer Councilman Harry S. Drury, Jr. City Attorney Louis Ossinsky, Sr. City Clerk Kathryn B. O'Connell Deputy City Clerk Harie E. Robinson Police Chief John Deibler Fire Chief C. Fred Garlick Present Present Present Present Present Present Present Present Present Excused The Minutes of the Regular Meeting of April 1st, 1963 were presented to each Councilman for his approval. Motion duly made by Councilman Siller these minutes stand approved as submitted, seconded by Councilman Palmateer and by vote CARRIED. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer C oun cilrnan Drury Mayor Hussey BILLS & ACCOUNTS General Fund Owens Brothers Concrete Inc. Claude E. Talley Gulf Oil Corp. Hanson & McCallister Inc. Laurie's Fuel Oil Service Edgewater Motors H. & W.B. Drew Co. Frye's Tire Mart Edgewater Manufacturing Co. Zip Oil Station Charley's Welding Shop New Srnlfrna Beach Police Dep't. The Glencoe Press Prentiss Hardware Co. City of Edgewater - Water City Fire Protection Service The American Pulley Co. Prentiss Hardware Co. Southern Bell New Srnlfrna Builders Supply Bond-Howell Lumber Florida Power & Light W-B Hanufacturing Co. Yea Yea Yea Yea Yea 44.01 (Pd. 4/10/63 for discount) 334.25 452.85 100.00 33.41 20.83 131.05 7.25 1.25 75.01 9.00 64.00 20.00 94.48 2.50 3.50 6.30 91.54 51.08 26.42 27.94 64.57 3.65 Motion duly made by ?ouncilman Palmateer these bills be paid and be made a part of the m1llutes, seconded by Councilman Siller and by vote CARRIED. Roll call vote being as follO\'I's:- " " v v Q \..J Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Hayor Hussey Yea Yea Yea Yea Yea OFFICERS REPORTS Certification of posting the minutes of the Regular Heeting of the City Council held Barch 18, 1963 was read. Clerk's Cash Report for March 1963 was read. Budget Report for V~rch 1963 was read. Police Report for the month of ~~rch 1963 was read. Explanation of vlOrk done by the Deputy City Clerk, V~rie Robinson, was given by the City Clerk. COHMUNICATIONS A letter was read from the Chamber of Commerce stating that they thoroughly endorsed the expenditure of $4,000 for a traffic light at the intersection of Hi-way #1 and Park Avenue. A letter was read from DeWitt McGee & Associates acknowledging receipt of our letter of April 1, 1963 with which we enclosed a copy of a Resolution approving our recently submitted planning proposal and requesting the Florida Development Commission to make application for a Federal Assistance Grant. A letter was read from the Florida Development Commission acknowledging the receipt of our letter regarding the City of Edgewater's decision to participate in the Federal 1t701ft Urban Planning Assistance Program. It also commended the City for taking the first important step toward the development of a comprehensive plan to guide its future development. Mrs. O'Connell, City clerk, said Mr. Richard L. Dodge, Associate Planner - Planning Department of the Florida Development Commission has already been to the City Hall and asked.about Zoning Ordinances & DeWitt McGee. She said he will return from time to time. A letter was read from C.E. Hosher stating his resignation from the Board of Governors of the Community Center. A letter was read from Thelma Hennig of the Board of Governors stating that on April 8th, 1963 the resignation of 1{r. Cliff Mosher was accepted: by the Board. It also stated that they submitted the name of John Zeilman, 2002 Wildwood Avenue, to fill the vacancy on the Board. Motion duly made by Councilman Seng we accep~ with regrets, the resignation of Cliff Mosher from the Board of Governors, seconded by Councilman Palmateer and by vote Carried. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Yea Yea Motion duly ~4de by Councilman Seng we table the letter submitting the name of John Zeilman to fill the vacancy on the Board of Governors until we can check bylaws of the Board of Governors, seconded by Councilman PaL~teer. There were no objections. " v u o v " Attorney Ossinsky suggested a committee be appointed to look over the bylaws of the Board of Governors. Mayor Hussey appointed Councilman Siller and Councilman Seng to look over the bylaws. Councilman Seng questioned at to.Mhere the figure of $4,000 on Traffic Lights at Park Avenue and the HighvlaY came from? Since when does the police chief give prices on this? The chief of Police has written to the Chamber of Commerce and the Council knows nothing about it. It should come to the Council first. Councilman Seng suggested that the City Clerk .1fite to the State Road Department and find out about light. Councilman Palmateer said that ..re have to check with the auditor about this. Hotion duly made by Councilman Silller we acknovlledge the receipt of the letter from the Chamber of Commerce and table it until we find out about the light, seconded by Councilman Palmateer. There were no objections. RESOWTIONS A RESOLUTION AUTHORIZING THE PURCHASE OF CERTAIN EQUIPHENT FOR PLAYGROUND. The above Resolution \'las read in full by City Clerk Kathryn B. O'Connell and motion duly made by Councilman Seng this resolution be adopted seconded by Councilman Drury and passed by vote of the City Council of the City of Edgewater, Florida at the Regular Heeting of the said Council held April 15, 1963. Roll call vote being as_ofollows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Hayor Hussey Yea Yea Yea Yea Yea A RESOLUTION APPROVING EDGEVlATER CIVIL DEFENSE PLAN, TOGETHER WITH ITS SEVERAL ANNEXES, FOR THE CIVIL DEFENSE OF THE CITY OF EDGEI'TATER, PROl-IDLGATED PURSUANT TO THE PROVISIONS OF CHAPTER 252, FLORIDA STATUTES, EXECUTIVE ORDER, DATED THE 31ST OF AUGUST, 1961, OFFICE OF THE GOVERNOR, STATE OF FLORIDA, AND FLORIDA CIVIL DEFENSE PLAN - 1962, AND VOLUSIA COUNTY CIVIL DEFENSE PLAN REVISED JANUARY, 1963, AS A NECESSARY STEP IN ADVANCE OF ACTUAL DISASTER OR CATASTROPHE, AND AS A PART OF THE CONPREHENSIVE PLAN AND PROGRAM FOR THE CIVIL DEFENSE 0;: THE CITY OF EDGEVlATER. The above resolution was read in full by City Clerk Kathryn B. O'Connell and motion duly made by Councilman Seng this resolution be adqpted seconded by Councilman Siller and passed by vote of the City Gouncil of the City of Edge.vater, Florida at the Regular l-1eeting of the said Council held April 15, 1963. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Yea Yea Attorney Ossinsy stated that the changes in these ordinances were asked by Mr. Fred DeHott, Director of Volusia County Civil Defense. " v u u '-..,) A RESOWTION ESTABLISHING CITY OF EDGEl1ATER CIVIL DEFENSE COUNCIL The above Resolution was read in full by City Clerk KathrYn B. O'Connell and motion duly made by Councilman Siller this resolutio~ be adop~ed seconded by Councilman Drury and passed by vote of the Clty Councll of the City of Edgewater Florida at the Regular Meeting of the said Council held April i5, 1963. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman DI'1Lry :Hayor Hussey Yea Yea Yea Yea Yea Councilman Palmateer said that we have holO pieces of equipment that we got from a, !{r. Campbell, for ~ Civil Defense which was demonstrated to us and was supposed to be for receiving and sending messages. All l....e can do is receive messages. Attorney Ossinsky suggested checking notes of that session with Mr. DeMott and see what was said. Attorney Ossinsky said that the deed from the County to the City for 12 acres of land has been duly recorded and copies forwarded to Atlanta, the Government, the Engineer and Fiscal Agent on behalf of the City. Deed should be kept in the City Clerk's Office. ORDINANCES None Attorney Ossinsky said that the only ordinance under consideration at the present time is a proposed developers' ordinance. OLD BUSINESS Attorney Ossinsky explained that at the meeting, Saturday, the question of the Insurance Policy was discussed. He said that as he understood it, vlhen the policy was viri tten the announcement was made that all rates were subject to change from the Rating Bureau. He said at the time the policy was drawn up they were setting rates in the City of Edgel~ter. It was learned it would cost about $100 extra for the same policy according to the new rates. On the other hand another policy that would cover all buildings for fire, vlindstorm, etc., would be an increase of $51.08. Attorney Ossinsky said he would recommendJthe Public & Institution form, that is the nevi policy, which vlOuld increase our coverage and vlOuld be the $51.08 increase. It would eliminate the co-insurance. Motion duly made by Councilman Palmateer we accept as recommended Public & Institution Form as recommended by the Attorney at a cost of $51.08 and that it is understood that it is a greater coverage, seconded by Councilman Drury and by vote CARRIED. Councilman Siller questioned l-1r. John Grafton. He said he understood that when we took out the policy l-re vlere completely covered. Last year we had the same thing come up. 'V'lliy is it when .'Ie settle on certain insurance there is alvlays more added? - , ~ I' v u .. u .v John Grafton stated that nothing remains constant in insurance. The increase is due to the Florida Rating Bureau. They were in process of setting up the rates when this insurance went out for bids. Councilman Siller questioned about the expiration date. John Grafton said it "muld be the same and would cover back to when the policy was first taken out. Roll call vote on the previous motion was as follows:- Councilman Siller Councilman Seng Councilman Pa.l1na.teer Councilman Drury Hayor Husssy The old policy was to be given to John Grafton. 'Yea Yea Yea Yea Yea The matter of the Robert Fuller easement on Coquina Drive ,..as brought up. Hr. William Gillespie repres-ented Robert Fuller. Attorney Ossinsky stated that the easement had met all the City qualifications. He said that right of ways had been left for utilities. He said he recommended the plat be accepted by the Council. Attorney Ossinsky asked if the Council would accept the Claude Talley estimate for the bend. The Council agreed to. Motion duly made by Councilman Seng we accept bond of $1,800 from Robert Fu~ler ivhich will be effective until a year after the completion of the subdivision. Attorney Ossinsky suggested that the money be put in the First Federal Savings & Loan and that after this period of time is up, Hr. Fuller will get the interest on the money. The previous motion was seconded by Councilman Siller and by vote CARRIED. Roll call vote being as follows:- Councilman Siller Councilman SMg Councilman Palmateer C oun cilman Dr.iJ;r.Y:~, ~ c; _' :Hayor Hussey Yea Yea Yea Yea Yea Motion duly made by Councilman Seng we accept the Edgewater Heights Subdivision, seconded by Councilman Palmateer and by vote CARRIED. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury lI.ayor Hussey Yea Yea Yea Yea Yea William. Gillespxe represented Read Contractors. He said that they were trying to determine a performance bond. He said that they had been in conference vnth the City Engineers, Briley, Wild & ASGociates but said he didn't feel that they were familiar i'lith the physical layout of the Silver Ridge Subdivision. He said that Mr. Talley had laj.dc~ out the subdivision and is in a better position to give an amount for the bond. .. u u u v A letter was read from Briley, Wild & Associates recommending that the improvements be 'bonded against defective materials and workmanship for a period of 1 year in the amount of 20 per cent of the value of the work, provided the deficiencies listed in their letter of the 18th of February are corrected and the seal coat and wearing surface added to the pavement or a performance bond for the correction and/or completion of the deficiencies. A certification of satisfactory compliance with the County Specifications must be obtained by"the developers and filed with the City. Mr. Gillespie explained that when the subdivision was first laid out it was accepted by the County. He said that now they find themselves in a situation where they must have it approved by the City. He said that the City Engineers want us to put up a bond for things that we did that were in addition to what is necessa~ in the City Ordinance. Councilman Seng: If we accept this Section #1, Silver Ridge and suppose you don't ~ut up bond and the storm sewers broke, the city would have to accept the responsibility of maintaining these. If they weren't put in right, would we be responsible~ }~. Gillespie: Do we have to put up $18,000 because we made improvements~ Councilman Seng: I know Read Brothers and I know they would do good work. I just don't want to be one of the Councilmen that accepts the subdivision and then we have trouble after. }~. Gillespie said that this is a unique situation. Before Mr. Talley says anything about the subdivision, }w. Ossinsky said he didn't think it would be a good idea to have 2 professional o~inions when they do not agree. l1r. Gillespie said that Briley, Wild & Associates should be given their opl.nlon. He said a registered surveyor designed the subdivision, and it was approved by the County. Attorney Ossinsky read the ordinance concerning drainage, etc., and it doesn't say anything about sewage but since it mentions drainage this could be incorporated in the ordinance. He suggested that the two engineers get together and see vmat they come up with. :Hr. Gillespie said that they had money to give to the City to put in escrow. We are coming to you. He said the $16,000 bond with the County was cancelled. Attorney Ossinsky asked '~at their estimate on a bond would be. Jhey offered a $2,000 bond. :Hr. Read said that they did not own the Subdivision. But he said if they could take care of the bond ,'Ii thout going to the mmers they would be glad to. The owners might not want to pay for it. Councilman Palmateer said that we have hired Briley, Wild & Associates and I think we should have our attorney take it up with them. Attorney Ossinsky said that this should be incorporated in the motion. 0; . v u u u , Motion duly made by Councilman Seng the Silver Ridge Subdivision Section #1 be accepted in the City with a bond of $2,00q subject to the approval by Briley, Wild & Associates, seconded by ~ouncilman Palmateer and by vote CARRIED. Roll call vote being as follows:- CouncilwAn Siller Councilman Seng Councilman Palmateer Councilman Drury l-1ayor Hussey Yea Yea Yea Yea Yea A letter was read from Briley, Wild & Associates concerning the extension of water~.lines. Hr. Read said that since we pay for all of this he didn't see why they had to go through the city and have it put out for bids. He wanted to !mow if they had to buy pipe from the city or buy it themselves. Ordinance No. 289 was read. Motion duly made by Councilman Palmateer the extension of the Edgewater Water Distribution ~stem be extended subject to compliance with requirements fn Ordinance #289 and the Florida State Board of Health, seconded by Councilman Siller and by vote CARRIED. Roll call vote being as follo..fS:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury lfiayor Hussey Yea Yea Yea Yea Yea The City Clerk presented to the ~~yor and Council letters Thelma Hennig wanted signed. These were letters that the Council had previously signed but she requested the copies be signed so she could send them different places and for the library records. CouncilmanvSeng: Priorto the last meeting I was informed that the l1ayor and Council .rere going to Jacksonville to look at drag line equipment.~ I was asked to go but I couldn't. Councilman Siller couldn't go either. And as I understand it, Hr. Palmateer and Mr. Drury couldn't go. The J:fiayor said that Hr. Deibler was taking him. On September 10, 1962 we passed a motion that Hr. Deibler not be at any time a chaufeur to the Mayor. I do not know ..1hether 1w. Deibler went to Jacksonville or not. He was not in the City Limits of Edge..mter that day. I inquired at Police Headquarters in New Smyrna Beach and they could not give me any information . No one seems to !mow. I would like to !mow .mere Hr. Deibler was April 3, 1963. Mayor Hussey,"questioned as to ..mo invited him to go to Jacksonville. Councilman Seng said that ~~or Hussey did. Councilman Siller said that Attorney Ossinsky suggested that since he was in Jacksonville at the time that we all go there and look at equipment. I had to decline because I had to ..,ork. I I .. .. .' v v u u Mayor Hussey questioned as to how Mr. Seng could not have time to go to Jacksonville but could spend the same day looking for the police car. Councilman Seng said he wanted to know. Mayor Hussey asked why. Councilman Seng: SDTtember lOth 1~ passed the motion. Hayor Husse: questioned as to 1'mere in this state have you found any place where the Police Chief is not at the disposal of the Mayor. Mr. Deibler said that if Mr. Seng had asked me where I was I would have told him. l.fany neople called me and said !'-ir. Seng had threatened to move for my suspension if I had gone to Jacksonville. In that motion that 1'ms passed it said I 8ouldn't chaufeur the Mayor but it said nothing about the Council. }~. Deibler gave the follo1'ung list as to where he was April 3, 1963. 7:15 Reported to work 10:00 A.M. Court Cases - 7 cases 10:45 A.H. - 12:40 P.H. Hayhurt - State Engineer Sheriffs Office - Court House 1:20 P.H. Home for lunch 2:00 P.M. Patroled 3:00 P.M. City Hall appointment with Walter \'101f, 1841 Kumquat Drive. Billy Robinson, 2109 Royal Palm Dr. talked to me about organizing an automobile club. 4:00 P.M. Home 7:30 P.H. Complaint No. 443 Prowler Conn. Avenue & S. Riverside Drive 9:15 P.M. Complaint No. 438 Located R. Regon Did not live in Edgewater Councilman Seng: I asked where you were that day. I was certain you didn't go to Jacksonville. You made a remark that I 1'lould suspend you. i:fuat I said was that if you went to Jacksonville and took the Mayor I would move for your suspension. Chief of Police Deibler: In 1960 1'men I had just been here 3 days" the ~~or and Chief of Police went out of town and then you were on Council~~~1hy wasn't anything said then' , . Nat ~ro'i'm asked that "this arguing 1'mich has been going on for many months stop. }tr. Brown asked why }tr. Seng had not attended the important meetings and had held back the Council. Councilman Seng said he had not held back the council. Nat Bro1'm' asked that this constant harassment of the,~Chief of Police stop. 11r. Seng checked all these different places to find out ,mere the Police Chief was but couldn't even call him up. Councilman Seng said he called the New Smyrna Beach Police Department. Nat Brovffi asked where Nr. Seng was Saturday 1'lhen the Charter was read? Councilman Seng said he was ''lorking. "- He said he 1'ms required to go to meetings on the first and third }~nqy of the month. I also come Saturday nights before the meetings. They c';:lled me about this meetin~ on Saturday. It 1'ms not done for my convenience. I could not be there. I:~ould be there on Saturday Night. .i"' . :'v '. . . v o u }~. Deibler: Lt. Benson, N.S.B. can give a sworn affidavit that at 10:15 A.M. I approached him on April 3, 1963. I tOpd him I had a new policeman. He said he would be on call if Dave oreman needed him. They new where to contact me by radio at alJ. times. That is more then was done when I vlaS here just three days and the Police Chief went out of town. Mr. David vliggins asked about the Dragline equipment. ~~s. Maxwell stated that on April 23, 1963 there .fill be open house at the Library. She invited all of the people of Edgewater, ~~or and Council to be there. She said that there have been a number of improvements the last few months and everyone should see it.. Attorney Ossinsky spoke about the new equipment. Hayor Hussey and Mr. Breck and rrwself were in Jacksonville. \lIe had lunch. vIe went to the office of ~~. Moody. He wasn't present so we spoke to the bookkeeper. We saw tvlO types of equipment. yie had no authority to buy any, it was jus"", one 'marts opinion. vie sa..... lvIr. I-foody later on. Rttorney Ossinsky said the people should realize we are talking about a $20,000 purchase. We don't have the money available. He stated the different equipment he saw and said there were a number of plans suggested as to how to buy it. We must check ldth the auditor and we can not talk to them until after midnight, Monday. Mayor Hussey recessed this meeting until 7:30 P.M. April 22, 1963 in the small room at the Community Center. l'unutes taken by Ha.rie Robinson Time 10:00 P.M. Hayor cJ, c/-i/ <- ~ A-o/ ~~ """ // /l ~, "I ~/..- -(1/1/1// / -Councilman ~ "') /' ,"? / . /~ L'~/ ", "t/ .-".! .t.~ .;/R~~ fJ'/~ /~J~A~Vft Councilman rY-~ ATTEST: 1~j3. I!) '(I Irn-,., fL :;n City Clerk