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01-21-1963 - Regular 1'0- , .v .U u r V I REGUIAR. NEETING OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA HELD JANUARY 21ST, 1963. The Regular Meeting of the City Council of the City of Edgewater, Florida held January 21st, 1963 was called to order by Mayor A. Huss~ 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 Present Mayor Hussey introduced Louis Ossinsky, Sr. as the new City Attorn~ for the City of Edgewater. \.o\)\ oS ORDINANCE NO. 345 DESIGNATING AND APPOINTING ImS OSSINSKY, SR., ESQUIRE, AS CITY ATTORNEY FOR THE CITY OF EDGEWATER, VOWSIA COUNTY, ~A. The above ordinance was read in full by City Clerk Kathryn B. O'Connell and motion duly made by Councilman Palmateer this ordinance be adopted, seconded by Councilman Seng and passed by vote of the City Council of the City of Edgewater, Florida at the Regular Meeting of the said Council held January 21st, 1963. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor 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 ~he 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 the said Council on the 21st day of January A.D., 1963 and approved as provided by law. The vote of the said Council being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Counci1m&n Drury Mayor Hussey Yea Yea Yea Yea Yea The minutes of the Regular Heeting of January 7th, 1963 and "the Special Meeting of January 9th, 1963 were presented to each Councilman for his approval. Motion duly made by Councilman Seng these minutes stand approved as submitted, seconded by Councilman Siller and by vote CARRIED. Roll call vote being as follows:- " .v w Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey BILlS & ACCOUNTS Gen. Fund Laurie's Fuel Oil SerVice Southern Bell City 'of Edgewater-Water Dep't. George Stuart Florida Business Equipment Co. Edgewater Manufacturing Co. Lenz Printing LaFrance Uniforms Florida Power & Light Co. Lock Joint Pipe Co. N.S.B. PoJ).ce Department Gulf Oil Corp. Watkins''E'ord''Inc. Beach Auto Parts Water Dept. All State Pipe Supply Co., Inc. Southern Bell Florida Power & Light Paul Ream (reimburse - phone) " u u Yea Yea Yea Yea Yea 40.54 59.71 2.50 35.40 6.50 23.95 9.75 245 .30 64.57 162.24 38.00 454.60 1,682.63 7.49 34.17 16.37 138.51 3.55 Motion duly made by Councilman Seng 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 OFFICERS REPORTS Yea Yea Yea Yea Yea The Police Report for the month of December was read. Clerk's Cash Statement for the month of December wasrread. Budget Report for the month of December was read. OLD BUSINESS None NEW' BUSINESS City Clerk O'Connell stated that Mr. Stanley Tizzard had brought to the City Hall a check for $1,000 to guarantee the paving of Parkwood Lane in the Parkwood Subdivision. The plat\. for the subdivision was presented to the Council for their approval. Motion duly made by Councilman Seng the plat\ for the Parkwood Subdivision be approved as submitted, seconded by Councilman Drury and by vote CARRIED. Councilman Seng explained that Mr. Tizzard has made arrangements for paving the street and put up $1,000 to guarantee the paving. If he doesn't pave the street the money would be more than enough"i:. to, take care of it. It was explained that the subdivision was one block north of Virginia St. Roll call vote being as follows:- It v w Q v Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Yea Yea' Yea Councilman Siller said he would like to know who the gentleman was impersonating a police officer in the City of Edgewater. He said he didn't recall any resolution or ordinance hiring him. Mayor Hussey said he didn't understand that there had to pe an ordinance3 until the probation period is over. Councilman Siller said it must be done by Ordinance. Mayor Hussey said that the previous policeman had resigned. Councilma.n Siller stopped the present policeman to see who he was. I don't think that was proper. Councilman Siller: "Why wasn't it proper? Section 39 of the City Charter was read. This section states that the Police Force of the City of Edgewater shall consist of a Ch~ of Police and as many subordinate officers, policemen and employees astthe City Council shall by resolution determine. The Chief of Police shall have exclusive control of the stationing and transfer of all patrolmen and otheroofficers and employees constituting the police force, subject to the approval of the City Council and under such rules anQ regulations as the City Council may prescribe, or as may be prescribed by the Resolutions of the City. Police Chief John Deibler presented three papers to the City Attorney to be read. 1. Application of David C. Foreman, applying for Police Officer in the City of Edgewater. 2. A letter of recommendation from David C. Foreman's Connnanding Officer in the Coast Guard. 3. A statement from John Deibler to Mayor Hussey stating the reasons for hiring of another policeman. He said there had been a number of thefts and break-ins in this area and he felt another policeman :was necessary. Councilman Siller said he didn't think that that had anything to do with the Charter. I have not seen the resignation of the former patrolman. He said that Mr. Neady should have been suspended pending Council action. Mr. Neady resigned on Thursday and you didn't realize that another patrolman was necessary until Saturday. I call>.~pouncilman Seng about the man I saw in the police car. Section 10 of the City Charter was read. It states that members of the City Council shall have the qualifications of electors and shall be taxpayers on real and personal property within the City Limits and must reside wi. thin the votirig district from which they are elected. This section was read because Police Chief Deibler questioned the right of Councilman Seng to. speak. Councilman Seng said that he resides in the Zone which he represents. He said he has been living in the house of his mother-in-law for a long time. Mr. Deibler said that Mr. Seng owned a building but not a house in Zone #2. He said Mr. Seng didn't claim homestead exemption on the right property. .. II v v o v Councilman Seng said he didn't need to own a house, just property. Councilman Seng said that during the last few months he has questioned the legality of Mr. LaBonde and Mr. Deibler being present at our informal meetings on. Friday night. Mr. LaBonde left when I brought this up. At these meetings we discuss things amongst ourselves. We don't need help. We don't need Deibler in the City Hall all day long. Saturday, January 12, 1963 the Council got together to look at the streets submitted to be paved. When we left the City Hall Councilman Palmateer told us that Mr. Neady .had resigned or was given his choice. He had not c.hecked out on his investigation. Councilman Siller saw a strange man in the police car. He called me and asked me if I knewf, who it was. I called New Smyrna Beach and asked them to contact this new police officer and have him be at the Kayo Station. We asked for his identification card and he had'none. He had a badge and a gun and that was all. We asked who hired him and he said Mr. Deibler. The Council should see this mans application first and then decide on whether he is to be made a police officer. This man has not been hired::. ,properly. Mr. Seng said that :tt.r. . Deibler stated that Frank Norman said to him that I had watched his house to see how long he was at home. Councilman ~eng said that that was a lie and that Mr. Deibler had lied to the Council. beCouncilman Seng said that many times Mr. Deibler had had police officers working for him. One auxiliary policeman worked for him. when he and the Mayor went to Tallahassee. He said 1>1r. Deibler hired Neady and bought him uniform, hat, tie, etc. Councilman Seng said he couldn't take any more of it. Motion duly made by Councilman Seng that Mr. John Deibler, Chief of Police, be suspended, seconded by Counci~ Siller. Mr. Deibler said that Frank Norman told him that you were checking on Reeves Smith and him. He said that Councilman Seng is driving a truck without a drivers license. He said he had been to Mr. Seng.!s place three times to get his property cleaned up. Councilman Seng said that that was a lie. Roll call vote on the motion to suspend Chief of Police Deibler was as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Drury Mayor Hussey Yea Yea Nay Nay Nay Nat Brown said that this quarreling has been going on for 18 months and it should stop. It is ruining the City. Councilman Siller stated that Sunday night Mr. Deibler accused me of trying to get his job. If I wanted his job I could have brought the matter I am about to bring up long before this. A letter was read from Dan Warren, former City Attorney, concerning an accident report that was not filed with the State by Police Chief John Deibler. Mr~ Siller received a copy of this letter and Mr. Deibler received a. copy of the letter. The letter was dated March 5, .1962. It stated; that accident reports. of over $500 were to to be filed with the State. Mr. Siller said that that was a misprint and that it was meant to be $50. Nat Brown questioned as toJ:wh~the letter was sent. Councilman Siller said it was sent to him and not the Council. Councilman Siller questioned the right of Mr. Deibler to change a resolution to suit himself. He asked if Nr. Deibler didn't think he was trying to run the City. I " v II .. u u v Mr. Deibler said he was trying to run the Police Department. A letter was read from Attorney General Richard W. Ervin to Honorable Melvin Orfinger telling when you can investigate accidents. Councilman Seng stated that the Council has turned down recommendations I have made. I will have to go along with this. Is the Council going to allow the Chief of Police and Mayor to hire men without applications being made and presented to the Council. How is a man hired to protect us if he has not been hired. Today in the Mayors office the Mayor had an application he wanted us to. confirm, someone who had applied for work :~ in the City. But this policeman he doesn't have us confirm. Mayor Hussey said he is on six months probation. Mr. Deibler said he has been hired under the letter submitted to the Council. Councilman Siller asked the attorneys advise and asked if it wasn't a violation of the City Charter, Section #39. Attorney Ossinsky asked if the Council had a resolution passed in this matter. Councilman Siller said he was to be hired by Council and that there was no resolution or ordinance drawn up. Councilman Siller said the Council had not drawn up any new rules or regulations concerning this matter. Sections 39-41 were read by Attorney Ossinsky from the City Charter of the City of Edgewater. Councilman Siller said that we have three auxiliary policemen. If Mr. Deibler felt he needed another policeman why didn't he call one of them. He should have called until he found one available. He said he didn't blame this new patrolman because he didn't know the City Charter but the Chief of Police should. Police Chief Deibler said he had been asked by one of the Councilman to leave one of the shifts open. Counciafuan Seng said "Why don't you work one?" Councilman Seng suggested that the Council look in the log in New Snwrna Beach to see just how much work Mr. Deibler does. Mr. Joseph Blauvelt said it seemed that the Council was indicating that Mr. Deibler never does any work and never goes out and that is a lie. Mr. Deibler said the Council had no right to look in that log. It l'laS F.C.C. rules. Mr. Deibler said he puts in 70 hours a week. He answers calls 3,4 and 5 o'clock in the morning. He said he tries to protect the city at all times. :f\1r. Mason suggested that the Council get down to City business. Councilman Seng said he has tried to get this matter settled in the City Hall but has not been able to. Mr. :f\1a.son said that many times he has called Mr. Deibler about hunters shooting in the City limits and he has always been there. He has been right on the job. Before l-1r. Deibler we never had that kind of protection. .. .. v u w v Nat Brown questioned the right of the Council to ask Mr. Deibler to leave a Council meeting. Anyone is free to go to a Council meeting. Nat3BrdwrlO'said~.you::-can't put him on 6 months probation period unless it is an emergency. Counci.lma.n Siller asked who declares an emergency. Nat Brown said Mr. Deibler does. Councilman Siller then asked why he didn't use the auxiliary police. Mr. Deibler said he can't get these men when h1 needs them. . He said it wasn't their fault but they have jobs of ~ own. He asked what would happen if one of the men got sick. Councilman Seng said the auxiliary police had put in may hours. He said he couldn't say exactly how many. He said they had not been called lately. Councilman Siller said that theCCouncil is supposeR.to enforce the charter. Councilman Seng asked Mr. Dana Armstrong if it wouldn't be necessary to suspend the men cas was tried before since there has been a violation of the City Charter. Mr. Armstrong said that would depend on the people and circumstances. Mr. Armstrong said he !mew this wasn't going to be good for the City. It i~ better to be done privately but if it can not be done that way it should be done in public. Councilman Scng said the Charter has been violated but it is up to the people at fault to try and do better. Nat Brown suggested some changes in the City Charter.GCouncilman Palmateer said that Mayor Hussey had mentioned to him several times that annnendments to the charter would be made. Nat Brown suggested that there should be a primary, city should be divided differently and there should be staggered elections. Councilman Seng said he understood the Chamber of Commerce was going to present some changes. There being no further business motion duly made by Councilman Palmateer we now adjOurn, seconded by Cou.ilcilman Drury. Minutes taken by Marie Robinson. Time 8:50 P.M. Mayor ~. r!:j, /I;(A e/ . Cmmoi1= (~~24/i.'yl/!0 cmmoi1=&A1~/1~Jr /'""" - V counci1man,J0rY:?LL,~ . ~- Cmmoi1= ~ /' ~~-/J_/~ I I" ~ ~ ~..~ . -".~. l0'o.tnvn,P) _. C ty Clerk '"'