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02-04-1963 - Regular u v v il U J 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 u v .....J 'I U 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'~ II 1\ v u u u 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. . tv v u o 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. " v v v v 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. . iii v v .... V '" u 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. ~ i +{~L~!P/tf' ~_a- Mayor ? _ /..' ~ r ;;-'1/7~ I~/~ ~~ :;~~t?#&f1d~. ~LJri?7n~ ~ ~ CouncilJnan/, If; . tJ cr- - ~J~~ ~. Councilman I / I' ATTEST: - :Ji+ fJ./O(IDYnulf _ City Clerk