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01-04-1965 - Regular n v '"-' \"",J REGUIAR MEETING OF THE CITY COUNCIL OF THE CITY OF EDGE~vATER, FLORIDA HELD JANUARY 4TH, 1965 II '-' The Regular Meeting of the City Council of the City of Edgewater, Florida, was called to order by Mayor Dana T. Armstrong at 7:30 P.M. on January 4th, 1965. ROLL CALL Mayor Dana T. Armstrong C~lncilman Carl A. Siller Councilman Earl L. Tingle Councilman William H. Cairnie Councilman B. R. Ridgdill City Attorney W. D. Mathas City Clerk Helen W. Jones Fire Chief Richard Hanson Deputy City Clerk ~4rie Robinson Rev. Hardin gave the invocation. Present Present Present Present Present Present Present Present Present The ~linutes of the Regular Meeting of the City Couneil held December 21st, 1964 and the ~~nutes of the Special Meeting of the City Council held December 30th, 1964 were presented to each Councilman for his approval. Motion duly made by Councilman Ridgdill these minutes stand approved as submitted, seconded by Councilman Cairnie and by vote CARRIED. The roll call vote being as follows: Councilman Siller Councilman Tingle Minutes of Dec. JvI~nutes of Dec. Councilman Cairnie Councilman Ridgdill HaJror Armstrong Abstain 21st Yea 30th Nay Yea Yea Yea Councilman Tingle gave an explanation as to "'hy he voted Nay on the Minutes of December 30th: According to our City Charter we are to be notified twelve hours before a special meeting is called. (Mr. Tingle read letter notifying him of a special meeting and it called for the meeting to be Wednesday, December 29th.) That is why I voted Nay, I had no notice of the meeting held December 30th. It is not legal. City Attorney Mathas: You were present at this meeting. Councilman Tingle: I was present because of the letter of suspension sent to Jack Hayman which stated there would be a meeting December 30th. Hayor Armstrong: There was no intent to do anything -vTrong. Everyone does something wrong some time. New Smyrna Beach-Edgewater Humane Soc. 35.00 Prentiss Hardware General Government Street Department Police Department Recreation Park & Pier Laing's Sunoco Station Police Department Garbage Department C & C Tractor, Inc. BILLS & ACCOUNTS General Fund .26 6.41 5.35 4.87 .36 Page 1 of 7 pages ~ 17.25 l.00 5.(-,5 4.95 . v '-' I - City Auto Supply Street Dept. 11.61 Garbage Dept. 1.24 Police Dept. 5.57 New S~~na Builders Supply Co. Street City of New Smyrna Beach Street Dept. Southern-Aire Chemical Co. Gen. Govt. Rogers Sales & Service Gen. Govt. Smith's Service Station Gen. Govt. Genter & Batten Gen. Govt. Ne~s-Journal Corp. Gen. Govt. Motorola Communications Police Dept. C. G. Br~~r Co., Inc. Fire Dept. Bond-Howell Lumber Co. Street Dept. New Smyrna Beach-Utilities General Government Fire Dept. Library Street Dept. Park & Pier Street Lights Traffic I~ight Sign Dana T. Armstrong 36.40 11.54 5.36 6.34 20.06 42g.74 32.15 10.30 Water Department Prentiss Hardware Co. Brooks Products City of Nev' Smyrna Beach -Utilities Gener & Batten All State Pipe Supply Co., Inc. Davis Meter & Supply Co., Inc. II I ~ 19.42 Dept. 160.52 24.00 :1,.2.75 1.25 36.73 400 . 00 3.30 36;00 15.21 10.gO 550.g9 51.10 3.04 150.00 38.61 300.00 16.14 49.90 Motion duly made by Councilman Cairnie these bills be paid and be made a part of the minutes, seconded by Councilman Ridgdill and by vote CARFJED. The roll call vote was unanimous. After considering conflict of day and date, Attorney }futhas said he thought it would hold for the day. (This is in reference mnotice of special meeting) OFFI CERS REPORTS Certification of Posting dated December 22nd, 1964, was read. The Building Official's Report for the month of December, 1964, v~s read. ~ayor Armstrong thanked the City Clerk and her staff for the fine reports and also the City Officials for their fine reports. CO~n1UNICATIONS A letter was read from William C. Bayne, Patrolman in the Edgewater Police Department, dated January 1st, 1965. }w. Bayne submitted his resignation from the Edgewater Police Department effective as of January 16th, 1965. The reason for this action was: opportunity for a job which offers better working conditions and salary. Mayor Armstrong stated Y.r. Bayne had only been vii th the City a short time but commended him on how he served the City. He said he would never want to stop someone from bettering himself. Motion duly made by Councilman Cairnie we accept the resignation of Officer vlilliam C. Bayne vdth regrets, seconded by Councilman Ridgdill and by vote CARRmD. The roll call vote was unanimous. Pagg 2 of 7 nages ., " u '-' v ~ ORDINANCES Councilman Tingle: l}e have not seen the ordinances. I don't know what I am voting on. l>1a.yor Armstrong: It will be read right now. The entire council read the ordinances to be voted on. ORDINANCE NUMBER 428 APPOINTING A CUSTODIAN FOR TItS COMMUNITY CENTE.T-t OF THE CITY OF "EDGEVJlI.TER, FLORIDA AND SETTING THE CONPENSATION FOR SUCH . SERVI CES . The above ordinance was read in full by City Attorney ~1a.thas and motion d'l1.1y made b:r Councilman Siller this ordinance be adopted, seconded by Councilman Cairnie and passed by vote of the City Council of the City of Edgewater, Florida at the regular meeting of said council held January 4th, 1965. The roll call vote was unanimous. Upon motion duly made by Councilman Siller, seconded by Councilman Cairnie the requirement of reading Ordinance upon second reading was ~laived and the ordinance was ordered put into effect immediately at the Regular Meeting of the said Council held on the 4th day of January, A.D. 1965 and approved as provided by law. The roll call vote was unanimous. Mayor Armstrong asked Chief Hayman to come to the front of the room. 11ayor Armstrong: After the meeting with you Thursday afternoon are you still interested in being Chief of Police for the City of Edgewater after a clarification of certain things? Attorney Robert Hatthews: From vlhat I understood at the meeting Thursday l'1r. HaJ'l!Iarl was due an apology. Mayor Armstrong: The City does not hold Mr. Hayman to blame for shortcomings in the police department. Councilman Siller: I was not present at these meetings. I question the legality of l>!r. Hayman's suspension. The ~2yor is the person 1mO sent the letter of suspension. Mayor Armstrong: I received the authority November a year ago. This suspension is subject to the auproval or disa~Droval of the City Council. C~lncilman Siller: You did not ask the council about this before the SD spension. l>1a,yor Armstrong: You can override my decision. The Section of the Charter regarding the functions and powers of the Mayor was read. Councilman Siller: I don't knovl how you can suspend anyone. Councilman Tingle read from minutes in Npvember, after election, regarding authority of }~yor. Councilma.'I1 Siller: T/1lhy "'as he suspended? Page 3 of 7 pages , II ~ '-' \".,. v .' Iv!ayor Armstrong: You should know. You talked with me before. Councilman Siller: Vlany times you have said Nr. Hayman did such and s~ch a thing. I have said before/the entire council should sit down vlith Hr. Hayman and discuss this. Hr. Hayman was never brought into the discussion to talk \dth us except once, and that time jot was unfair. You reported that Mr. Hayman had taken the car to Deland many times and I asked I>1r. Uayman and he said that it v,rasn' t ture. He had only taken the car to Deland once. Hayor Armstrong: That was reported to me. Councilman Tingle asked Attorney ~~thas if the ~ayor had authority to suspend anyone. Attorney I~thas said he would take it under advisement. Hayor Armstrong: He have to have a Chief of Police. I am not mad at Chief Hayman. Councilman Tingle asked Mr. Mathas if he was present at the meeting with Mr. I-f.a t thevJs. Mr. Hathas said he was. }Iayor Armstrong: That was not a council meeting. Councilman Tingle read sectioh of City Charter referring to appointment of City Attorney and hi s du tie s . He asked ]/f.:r. }fa thas why he wasn't notified of this meeting in the afternoon. Attorney Hathas: Mr. ]/f.atthews caned for l-'1r. Hayman. Fe decided to meet and'try to work this out. I do not have to notify you. Attorney }Ia.tthe1:!s: Mr. Hayman called me the following day. He received call to come dOvm to City Ha]l and talk things over. His answer was to think it over. He called . me and I asked him to come down to the office. I called }fr. 14athas for Jack Hayman and he said the differences were such that they could be vlorked out. 't'Je agreed on the meeting. Mr. Hayman had a right to know what he had done to warrant this suspension. These matters were to be brought out. Agreed to have meeting at 2:00 P.M. I>tr. Harry Lindberg asked what the suspension of Chief Hayman was about. }Iayor Armstrong: They have just told me he was not suspended. Stanley A. Seng, Sr. said according to the paper by a vote of 3-1 he was suspended. Councilman Siller: The paper can't be v~ong. According to the minutes that were approved, that is a correct statement. Councilman Siller: I feel Jack Hayman is still our Chief of Police. Hr. Seng: You owe him an apology if he hasn't done anything. The Council made a mistake once and they shouldn't make another one. Mayor Armstrong: If I have done anythirg to hurt Jack Hayman I am sorry. Councilman Tingle read from the minutes of December 30th in reference to the suspension. Page 4 of 7 pages II II v '-' v ~ Councilman Tingle: The Council had Chief Hayman fired at a previous meeting. This was a meeting after the regular meeting of the council. After the meeting December 30th, they wanted me to call Jack Hayman back in to talk to them and I wouldn't do it. Councilman Siller: ~~y is Chief Hayman considered to be under suspension? Hayor Armstrong: I don't ",'ant to go into this any further. An,ything between Jack Hayman and myself has been settled. }~s. Helen Grayson said the Council had damaged ~w. Hayman's renutation. He has a right to know why he was suspended. Hayor Armstrong: The paper referred to the Police Department and not Chief Hayman. Mr. Lindberg asked the Hayor to make a statement that everything is alright in the Police Department. 11ayor Armstrong: I couldn't say that about myself. Mr. Lindberg asked to hear from Councilman in Zone #4. Councilman Ridgdill: ~.aybe there has been a v,rong done to Jack. I have gotten along with Jack very well. I never had right to doubt his ability as Chief of Police. There is a difference of opinion in the operation of the City. Maybe it was a hasty decision. I have no objection to Jack being Chief. I would apologize if I have done anything I 'shouldn't have done. I have no ill-will toward Jack. }~. David Wiggins asked }~. Ridgdill why he voted for the suspension. Councilman Ridgdill: It becomes necessary. In the line of duty you must do what is right. I don't want to get into the pros and cons of the Police Department. If you talk to Jack you can get better answers. Mr. \1iggins asked if Hr. Ridgdill thought he made a mistake on voting for the. suspension. C01.mcilrnan Ridgdill: It was purely a matter of employment practice. }ly relationship with Jack has always been A~. Attorney HattheVls: I have agreed to sppak for Jack Hayman since he is mad enough to fight. vk had a meeting Thursday afternoon, December 31st. I '..'!ill go into the charges against Chief Hayman. The charges Here asinine. A City truck was involved in an accident. It seems upon writing the accident report it was discovered that the driver of the City truck did not have a Chauffeur's license. The truck was not at fault in the accident. The matter was brought to the judges attention indirectly if not directly. FollO\'ring that Chief Hayman was to have checked "'lith the Highway Patrol to see if the driver of the truck has been checked. About ten days ago a highNay patrolman followed the City Truck. \linen the truck turned off the highway the turn indicator did not go on. hhen he stopped the man he did not have a Chauffeur's license. He was not written a ticket because he did not have license but was warned to get one. He was given correction ticket on the turn indicator. Mayor Armstrong decided that Chief Hayman reported it. This caused the letter of suspension. Also, changes were supposedly made on an accident report subsequent to a trial. ".!hen the copy was brollght out it "1as found the copy of the report was changed to conform with Chief Hayman's original report. The letter of suspension was written on supposition that was made. This was the reason he was supposedly suspended. It looks like a case of hoof and mouth disease. The Hayor put his foot in his mouth. vie tried to work it out. After this I I turned to Mr. Ridgdill and asked him if he didn't think he did this man ~Tong. He said he felt he had to back the Mayor vmen the~e is a difference of opinion. I asked Mr. Cairnie Page 5 of 7 pages " n I I......) '-" '-' ~ . , . the same thing and he said No. l1ayor Armstrong asked Chief Hayman if he wanted to come back as Chief of Police. Attorney 11atthews said comingba~as Chief of Police is not remedy to damaging his reputation. A public apology I'/as assured to us at the meeting last Thursday. There has been no effort made by Mr. Cairnie or Hr. Armstrong in regards to an apology. The Council can fire him without reason but there should be a reason for the suspension. Nayor Armstrong: I have asked him if he '\A/ants to come back to work. Vie have to straighten things out. The Police Department is vital to the City. Anybody is subject to making mistakes. I apologize for any vTong doings I have done to him. I had no intention of firing him. His police card' isJ":'l.ade out for the neH year dated January 1st. Nobbdy~ \-rants to persecute Jack Hayman. I have corrnnended him many times on job he is doing. He is a good Chief of Police. Councilman Cairnie: There has been friction between the administrative pOi'lers and the Police Department. Jack Hayman '.rlas never a police officer before. He had a Ipt to learn. Friction developed. I thought this would clear up the friction. He is suppose to take advise from }byor only. I apologize for any '\..;rong doings.. AnYthing I can do to help I \-Jill be glad to do. Just let me knoH. of Councilman Tingle: I also have been hurt. Hundreds~eople called and asked what happened. It is pretty embarassing to say I don't know. Your City Council is split. You vrill suffer for it. I can't "do any more, it is up to you. Chief Hayman: I have been asked if I desire to come back as Chief of Police. It is not a decision you can make just like that. I ~rill have to talk it over 'lirith,my ..rife. I respectfully request until tomorro'w to give rnlf decision. I1otion duly made by Councilman Siller !vir. Hayman be given until tomorroVl or h/o days if he needs it to make a de eiSon, seconded by Councilman Cairnie and by vote CARRIED. TI1e roll call vote was unanimous. Councilman, Siller: Thanked Mr. Hayman for his stand on the whole thing. I viII support you on ,,,,hatever your decision is. RESOLUTION RESOLUTION Nill.ffiER 68 REMOVING THE NAHE OF A RADIO DISPATCHER AND INSERTING TIlE NAME OF ANOTHER. The above resolution was read in full by Attorney l~thas and motion duly made by Councilman Siller this resolution be adopted, seconded by Councilman Cairnie and passed by vote of the City Council of the City of Edgei'later at the Regular Meeting of the said Council held this hth day of January, A.D. 1965. The roll call vote Has unanimous. OLD BUSINESS None NEv' BUSINESS None Page f of 7 pages " ~ v ....; . , . II \J I ~ . - - l-1I SCELLANECUS Presented to Fred Garlick an Ex-Fire Chief badge to be given to ~x.Paul Re~ who was not present at the meeting. Hr. Garlick accepted it and said he was sure !-fr. Re~ vlould v,rear it with pride. }fr. Grayson asked about the power situation. . l~yor Armstrong said it has not been forgotten. ~]e have been ~lite busy. Some decision ~~ll be reached on this. tW. Grayson also asked about fixing Hubbell Street and Plaza Lane. Vlayor Armstrong: They '-rill be putting a temporary coat on right a'1ay. Councilman Siller asked about Federal Assistance on the Hurricane damage. Councilman Cairnie: Our~2,200 claim 'was approved. ';Ie just have a feN more papers to fill out. Hotion dul;~r made by Councilma."1 Tingle we advertise for a Ci ty ~.anager - the City clerk be authorized to do this -seconded by Councilman Siller and roll call vote being as follows: Councilman ~iller Councilman ingle Councilman Cairnie CounciL~n Ridgdill Mayor Armstrong Yea Yea Nay Abstain Nay Councilman Ridgdill said he wOlud like to talk this over "nth the entire Council and look at it objectively. There being no further business, motion duly made by Councilman Cairnie we now adjourn, seconded by CounciJ~n Ridgdill and there ~rere no objections. }-Iinutes taken by Marie Robinson. Time 8:45 P.li. ~ di--r~. ~ 4A'~~~x--r HAYCR ,-;Y ,/. -; / ~ /~ C 6d?(//~4,c(~ --comrClIMAN - ~f:?///~~ C NCILl4AN ' 'ZJ~~ COt'u~IJ,1J~.~~Uc:.. ..' 6ir' U~IY;' /~ COUN'ILNAN c/ ~~ ~ ~ ~ ;a:L-- Page 7 of 7 pages