02-04-1963 - Regular
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REGULAR MEETING OF THE CITY
COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA HELD
FEBRUARY 4, 1963.
The Regular Meeting of the City Council of the City of Edgewater,
Florida held February 4th, 1963 was called to order by
Mayor A. Hussey at 7:30 P.M.
ROLL CALL
Mayor A. Hussey
Councilman Carl A. Siller
Councilman Stanley A. Seng, Sr.
Councilman Henry R. Palmateer
Councilman Harry S. Drury, Jr.
City Attorney Louis Ossinsky, Sr.
City Clerk Kathryn B. O'Connell
Deputy Clerk Marie Robinson
Police Chief John Deibler
Fire Chief C. Fred Garlick
Present
Present
Present
Present
Present
Present
Present
Present
Present
Excusedr'
Attorney Ossinsky introduced Mr. Robert Ussery from the Hunicipal
Codifying Corp. of Tallahassee, Florida who discussed codifying
the city ordinances and charter which would be an asset and
advancement for the City. Mr. Ossinsky said he was acquainted
with this organization and had the pleasure of using their work
in this county and elsewhere, New Smyrna Beach, Deland, etc. He
said if someone wants to buy one of these books they would be
available. They could be put in the public library. He said
with this done you could tell what ordinances are effective and
which ones are tossed aside. The total cost in round figures
would be about $4,000. This could be paid off in about three
years. It need not: all be paid up in one year.
Mr. Ussery said the company had been in business about 12 years. He
said they had a staff of nine competent attorneys. He said that
once the code is published, it is kept up at no-extra cost. There
will never be a need for a new publication if the code is kept up.
Councilman Seng stated that he thought this was something that should
be done. Over three years we could finance it. We have so many
dead ordinances now that the City Clerk has difficulty finding
what she needs.
Motion duly made by Councilman Seng we accept the contract from
Municipal Codifying Corp. for the codifying of the City Ordinances,
seconded by Councilman Paimateer 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
Mr. Ussery thanked the Mayor and Council for the confidence they have
shown in him. He said he would enjoy doing business with the City.
The minutes of the Regular Meeting of January 21st, 1963 were presented
to each Councilman for his approval. Motion duly made by Councilman Seng
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
Councilman Drury
Mayor Hussey
Yea
Yea
Yea
Yea
Yea
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BIllS & ACCOUNTS
General Fund
Edgewater Motors 161.95
Pyrofax Gas Corp. 15.90
City Fire Protection Service 1.25
Edgewater Red & White 17.08
New Smyrna Beach News 10.50
Robertson & May 400.00
Lenz Printing 8.45
Bond-Howell 39.28
vlatkins "Ford" Inc. 34.16
IJ.oyd Cox Co. 25.88
Hanson & McCallister 30.00
Economy Auto Stores 21.24
Southern Bell Tel. & Tel. 37.34
Electric Service of N.S.B., Inc. 165.00
City of New Smyrna Beach - Utilities521.09
National Chemsearch Corp. 19.54
Prentiss Hardware Co. 14.78
Charley's Welding Shop 63.29
Dwights 3.33
J.E. & T.H. Clinton 40.00
Water Department
Edgewater Motors
Charley's Welding Shop
Robertson & May
Addressograph-Multigraph Corp.
Electric Service of N.S.B., Inc.
City of N.S.B. Utilities
Prentiss Hardware Co.
National Chemsearch Co.
New Smyrna Plumbing Supplies
Hughes Supply, Inc.
4.50
5.00
266.00
5.77
ll.64
42.98
38.56
69.04
.' 43.55
233.81
Motion duly made by Councilman Siller these bills be paid and be made
a part of the minutes, seconded by Councilman Drury 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
OFFICERS REPORTS
The Building Official's Report for the month of January, 1963 was read.
Councilman Siller stated that Mr. LaBonde had asked for a leave of absence
of ten to fourteen days since he was going to the hospital for an
operation. We would rather him have his vacation.
Mayor Hussey said Mr. LaBonde had not had a vacation in the last six years.
Nat Brown asked who was going to take care of the inspections.
City Clerk said that Florida Power & Light would take care of some of
the inspections and the Mayor would look at footers, etc.
Nat Brown asked that Florida Power & Light be contacted to make an
inspection of two houses on Joyce St. The City Clerk said they would
be contacted'~
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COMMUNICATIONS
A letter was read from East Volusia Mosquito Control District
asking for written authorization to make low level flights with
its single engine airplane over portions of the City for the
control of adult mosquitoes from time to time during the
calendar year 1963.
Motion duly made by Councilman Palmateer that East Volusia Mosquito
Control District be given authority to make low level flights for
the control of mosquitoes, seconded by Councilman Siller 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
A letter was read from the Edgewater Chamber of Commerce making
three recommendations to the COuncil to be presented to Senator
Gautier and Representatives Karl and Sweeney for changes to
be made in the City Charter at the next session of the
legislature. The changes were rezoning, primary elections, and
staggered terms.
Motion duly made by Councilman Siller we consider these recommendations
from the Chamber of Commerce and that we turn them over to the
City Attorney, seconded by Councilman Palmateer. Councilman Palmateer
said that the Council will meet with Attorney Ossinsky to go over
this. Roll call vote being as follows:-
Councilman Siller
Councilman Seng
Councilman Palmateer
Councilman Drury
Mayor Hussey
Yea
Yea
Yea
Yea
Yea
A letter was read from Edgewater Chamber of Commerce stating that
they voted at their last meeting to turn over the Christmas lights,
valued at $700 to the City. The membership respectfully request
that the lights be used each year for this purpose and the Chamber
of Commerce will annually sponsor a drive to add to these lights.
They requested that the City remove the lights and store them until
next November to prevent breakage and wire damage.
Motion duly made by Councilman Palmateer the lights be taken down and
numbered. He complimented the Chamber of Commerce for the fine work
done, seconded by Councilman Seng and by vote CARRIED. Roll call
vote being as follows:-
Councilman Siller
Councilman Seng
Councilman Palmateer
Councilman Dury
Mayor Hussey
Yea
Yea
Yea
Yea
Yea
Mayor Hussey said Mr. Ba.tterbrodt of Prentiss Hardware was going
to see that the lights arettaken down.
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A letter was read from John Deibler, Chief of Police, stating
that due to the fact that a vacancy had occurred and ~e did not
think it advisable to leave a shift open, on January 12, 1963
David Foreman was hired as police officer. He was hired
temporarily by written authority of the Mayor as provided in
the City Charter. David Foreman has proved to be very
efficient and reliable as a police officer. I therefore
recommend that an ordinance be drawn up to make him a regular
police officer for a probationary period of six months.
Motion duly made by Councilman Palmateer that" an ordinance be
drawn up to comply with this letter from Police Chief Deibler,
seconded by Councilman Drury and by vote CARRIED. Roll call
vote being as follows:-.
Councilman Siller Nay - I don't feel
the City of Edgewater needs another
police officer or can afford one. We
have three auxiliary police officers
and we could save money by using them.
Councilman Seng Nay - If this man was
hired legally before why do we have to
hire him again~ I said before, he was
not hired:: legally .
Councilman Palmateer Yea
Councilman Drury Yea
Mayor Hussey Yea It was an emergency
and that was 'Why he wasn't hired by ordinancl
Attorney Ossinsky read Section 39 of the City Charter.
Councilman Palmateer changed his previous motion to read that a resolution
be drawn up. to hire the new policeman instead of an ordinance, seconded
by Councilman Drury and by vote CARRIED. Roll call vote being as fcillows:
Councilman Siller
Councilman Seng
Councilman Palmateer
Councilman Drury
Mayor Hussey
Nay
Nay
Yea
Yea
Yea
Councilman Seng said that the Charter states the mayor may hire
patrolmen in case of an emergency. What is an emergency? Because
one man resigns is it an emergency?
Section 40 of the City Charter was read.
Attorney Ossinsky said what is an emergency to one may not be an
emergency to others. It is a factual situation determined by the
person making appointment. It should be brought up before the Council.
Councilman Seng stated that because one man resignst there is someone
hired without discussing this with the Council. IVe:'were together two
hours that morning and no one mentioned anything about it and that
afternoon this man was working. I think it was un'just.
Mayor Hussey said that this Police Department fulfills duties in
the same way as other cities. In many cities the Mayor, Police Chief
and City Manager, if there is one, can hire policemen if there is
an emergency.
Councilman Seng said that Wallace Ferreira of New S~na Beach told
him he could not hire policemen. He can take application and present
it to the City Manager and present it to the Council for their approval.
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Mayor Hussey said the Police Chief and Mayor of New SIDlfrna Beach
told him that in an emergency they could hire policemen.
Councilman Siller questioned why a letter was seni to the Council
by Police Chief Deib1er if the Mayor has the right to hire a policemep.
for a probation period of six months.
Mayor Hussey said it was written because you men made such a fuss
about it.
Councilman Seng said that no police officer has ever been hired
that way in Edgewater.
The audit report for the Fiscal year 1961-1962 wasfJread.
Motion duly made by Councilman Palmateer we accept the Audit Report
as presentedl seconded by Councilman Seng 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 made by Councilman Palmateer we send a copy of the
audit report to the State Auditorl seconded by Councilman Siller
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
OLD BUSINESS
None
NEW BUSINESS
Silver Ridge Plat was presented to the Council.
Motion duly made by Councilman Siller that this plat be presented
to the City Engineers and have them go down to Silver Ridge and
measure widths of narrowest streets and other things we should
know before we do anything about it I seconded by Councilman Drury
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
Specifications for the firehouse were presented to the Council.
Motion duly made by Councilman Seng we not advertise for bids for
the firehouse until the Council has had a chance to check spec~ficationsl
seconded by Councilman Palmateer. There were no objections.
A letter was read from the Florida Development Commission asking
that a letter be sent by the City stating that the Library was
supported by the City so that the Library would be available for
monies that are often left to the State and if the Library qualified
cuuld get some of this money.
Mrs. Thelma Hennig said she didn't think the letter had to be in
until March. She said it would be very good for the Library and
it could get a small amount of money or a large amount. There is
no definite amount set.
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Motion duly made by Councilman Seng this letter be signed by
the Council and sent, subject to approval by Attorney Ossinsky,
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 made by Councilman Seng the plat for the Golden
Ridge Park be tabled until it meets city specifications,
seconded by Councilman Siller 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
City Clerk O'Connell said Mr. McCallister had called her and was
anxious to get $1,980 that the City owed him. I don't think
the attorney has had time to go over this.
Councilman Palmateer said the Counbil had to go into this a
little more. This money was to be retained by the City as
payment in part of the bond on the street paving in that area.
If they want the money we will have to give it ~ them at this
time.
Mr. Ossinsky stated he 'Was presented with the agreement
Saturday about 10:00 P.M. and said he would go over it.
There being no further business motion duly made by Councilman
Palmateer we now adjourn, seconded by Councilman Drury and
by vote CARRIED.
Minutes taken by Marie Robinson. Time 9:00 P.M.
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ATTEST:
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