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06-04-1962 - Regular II \....I ~ . . '-' ~ REGULAR lvIEETING OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, VOLUSIA COUNTY, FL01UDA, HELD JUNE 4, 1962. Regular Meeting of the City Council of the City of Edgewater, Volusia County, Florida, held June 4th, 1962 was called to order by:Hayor A. Hussey at 7:30 P.M. ROLL CALL Mayor A. Hussey Councilman C.A. Siller Councilman S.A. Seng, Sr. Councilman H.R. Palmateer Councilman G.S. Kennedy City Clerk F.F. Dippery Acting Police Chief J. Deibler Fire Chief C. Fred Garlick Present Present Present Present Present Present Present Present Hayor Hussey: If you will recall last meeting night, here, we received the resignation of City Attorney Dan Warren. Now, tonight, we are in the process of hiring a new attorney. May I now present fW. Jefferson Clark of New Smyrna Beach. vlhile on my feet I ..lant to clarify something that came up in the paper tonight which a great many people do not under- stand. There is in the paper tonight a misrepresentation and a mis- quotation. It was sent to the Ne,'/S Journal. I was asked about the matter pertaining to the Police Chief. Marie Goodrich, Reporter for the News Journal: I resent what you have said. That is the truth and I have witnesses to prove it. Hayor Hussey: I don't like being misquoted. l:lhen I make a statement I think there are enough to verify my statement. \fuether you are for me or against me it doesn't matter. I try to speak the truth. I don't wish to be misquoted. Just in case some of you think I have wandered from my previous statement, I have not. The minutes of the Regular Meeting held l1ay 21st were presented to each Councilman for his approval. Motion duly made by Council~an Seng these minutes stand approved as submitted, seconded by Councilman Kennedy and by vote CARRIED. BILLS & ACCOUNTS City of New Smyrna Beach Vol. Tractor & Implement Co. New Smyrna Builders Supply Ducor Supply Charley's Welding Shop Pitney Bowes, Inc. New Smyrna Plumbing Supplies Electric Service Bond-Howell Lumber Co. Davis Meter & Supply Co. Coronado Concrete Products Steven's Lock Shop Dwight's New Smyrna Auto Supply Western Auto Associate Store West Coast Electronic's Lloyd Cox Co. W.R. Ferreira, Prisoner Fees Ford's Gulf Service Drex Ice, Inc. $533.21 55.35 .35 76.6S 22.06 21.60 440.11 35.45 31.2S 119.10 45.32 30.29 54.45 1.73 1.51 26.40 15.95 54.00 6.07 42.00 (continued on follovnng page) II . I '--" ~ '-' \ ...., Edgewater Motors Hanson & McCallister, Inc. Prentiss Hardware Co. Nathaniel Dame & Co. The Baker & Taylor Co. Robertson & May 51.84 169.00 71.60 10.55 70.29 607.50 Notion duly made by Councilman Seng these bills be paid and be rade a part of the minutes, seconded by Councilman Kennedy.,., Roll call vote:~ being as follows:- Councilman Seng Councilman Palmateer Councilman Kennedy Hayor Hussey Yea with the exception of paying for the audit. I wasn't in favor of the audit so I can't be in favor of paying them. And the payment of Drex Ice, Inc. for cleaning ditches which amounts to over $500 Yea Yea with exception to Drex Ice Yea with exception to Drex Ice Yea Councilman Siller Councilman Seng: Concerning this bill to Drex Ice, Inc., this job was for cleaning ditches in Florida Shores. The man was not to go over $500 and went up to $497. He then worked on another part of Florida Shores and so there was an extra bill. I don't think I am doing anything wrong. OFFICERS REPORTS Building Officials report for the month of May, 1962 was read. SPECIAL AUDIT REPORT FROH ROBERTSON & MAY WAS READ. Motion duly made by Councilman Kennedy that we accept this audit report as read, seconded by Councilman Palmateer and by vote CARRIED. Roll call vote being as follows:- Councilman Seng Councilman Palmateer Counc:ilman Kennedy Nayor Hussey Did not approve of retaining audit and will not approve of_paying them. I vote Nay Yea Yea Yea Yea Councilman Siller CONMUNI CATIONS A letter was read from John W. Carter asking for the declaration of Little League week, June 11 through 16. A letter from W.H. Warren asking the approval of certain land in the City Limits of Edgewater for a target'range. A letter from Nat Brown asking for the reclassification from residential to commercial certain land where he is to start building. A letter from Nat Brown inviting the City Officials to the ground breaking for his office building. A letter from Herbert A. Boreck, Secretary Treasurer of the Edgewater Volunteer Fire Department asking if the City was going to donate the $300 that it has in previous years for the 4th of July celebration. .~'.,.. , ~.~ - "\ ..... II " v v <.J ~ }fuyor Hussey's special notice extending the time of the Auxiliary Police for the City to July 5, 1962. A letter from Fred R. Brannon, Jr. requesting the back pay of Frank Norman. A letter firom Frank Norman stating his ,dllingness to return to vlorlf stating that he had been cleared of all charges. Councilman Siller: I believe it mll be alright for the auditors to go now if they vlant to. ORDINANCES ORDINANCE #312 DESIGNATING AND APPOINTING A CITY ATTORNEY FOR THE CITY OF EDGEWATER, VOLUSIA COUNTY,FLORIDA, ~ID SETTING FORTH COl,\1PENSATION FOR SUCH OFFICE. The above ordinance was read in full by 'Attorney Jefferson W. Cmark and motion duly made by Councilman Kennedy this ordinance be adopted, seconded by Councilman Siller and passed by vote of the City Council of the City of Edgewater, Florida at the regular meeting of the said Council held on June 4, 1962. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Kennedy l'fuyor Hussey Yea Yea Yea Yea Yea Upon motion duly made by Councilman Kennedy, seconded by Councilman Siller and CARRIED, the requirement of reading said ordinance upon second reading was waived and the ordinance was put upon final passage. Passed by vote of the City Council of the City of Edgewater, Florida, at tre regular meeting of said Council on thd 4th day of June A.D., 1962, and approved as provided by law, the vote of said Council being as follows:- Councilman Siller Councilman Seng Councllman Pqlmateer Councilman Kennedy I-Iayor Hussey' Yea Yea Yea Yea Yea RESOLUTION A RESOLUTION APPOINTING }1ENBER TO THE BOARD OF GOVERNORS FOR THE Cm1MUNI TY CENTER OF THE CITY OF EDGEWATER, FLORIDA, AND FroNG THE TER}! OF OFFICE FOR THE SAl.fE. The above resolution was read in full by Attorney Jefferson W. Clark and motion duly made by Councilman Siller this resolution be adopted, seconded by Councilman Seng and 1: passed by vote of the City Council of the City of Edgevlater, Florida at the regular meeting of the said Council held on June 4, 1962. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Kennedy }Iayor Hussey Yea Yea Yea Yea Yea ORDINANCE ORDINANCE #313 TERMINATING SERVICE OF PRESENT POLICE CHIEF FOR THE CITY OF EDWtlATER, VOWSIA COUNTY, FLORIDA, AND SETTING FORTH CO}1P.ENSATION DUE FOR SUCH OFFICE TO TER1'lINATION DATE. ---- II . I \...., J ~ I ~ ~ The above ordinance was read in full by Attorney Jefferson W. Clark and motion duly made by Councilman Palmateer this ordinance be adopted seconded by Councilman Kennedy and passed by vote of the City Council of the City of Edgewater, Florida at the regular meeting of the said Council on June 4, 1962. Councilwan Siller: We would like to know why Frank Norman is being discharged. Someone should be able to give me an answer to this. Hr. Palmateer, you made the motion to accept this ordinance? Councilman Palmateer: Do to the fact that I was at the trial in the . case of the $200 bond and his own evidence convicted him, as far as my conscience is concerned, he should be discharged. Mr. Norman claimed he kept the $200 bond ~furch through December 1961. It should be turned over to the City everyday. Vlhen the Judge addressed the Jury he stated tha.t>rf an officer keeps money for over 30 days, he is guilty of embezzlement. Councilman Siller: Mr. Palmateer, you as much as told us we should not abide by the rules of our state and federal laws. Mr. Norman has been found innocent of those charges. Councilman Palmateer: I am telling you what my conscience dictates to me. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Kennedy Mayor Hussey Nay Yea Yea Yea Yea Upon motion duly made by Councilman Palmateer, seconded by Councilman Kennedy and CARRIED, the requirement of reading said ordinance upon second reading was waived and the ordinance was put upon final passage. Bassed by vote of the City Council of the City of Edgevm.ter, Florida, at the regular meeting of said Council on the 4th day cf June A.D., 1962 and approved as provided by law, the vote of said Council being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Kennedy Mayor Hussey Nay Yea Yea Yea Yea Councilman Seng: I would like to state one thing on my vote. I have no qualms to pick with anyone whatsoever. As far as }if.r. Norman is concerned, he has been exonerated by the courts. But my own feelings are that for the good of the City of Edgewater Frank be discharged. ORDINANCE ORDINANCE #314 DESIGNATING AND APPOINTING A POLICE CHIEF FOR THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, AND SETTING FORTH COHPENSATION FOR SUCH OFFICE. The above ordinance vms read in full by Attorney Jefferson vi. Clark and motion duly made by Councilman Palmateer this ordinance be adopted seconded by Councilman Kennedy and passed by vote of the City Council of the City of Edgewater, Florida at the regular meeting of the said Council on June 4, 1962. Roll call vote being asfollows: Councilman Siller Councilman Seng Councilman Palwateer Councilman Kennedy l'fuyor Hussey Nay Yea Yea Yea Yea u I I \.-.- ~ \,J .." Upon motion duly made by Councilman Palmateer seconded by Councilman Kennedy and carried, the requirement of reading said ordinance upon second reading was waived and the ordinance put upon final passage. Passed by vote of the City Council of the City of Edgewater, Florida, at the regular meeting of said Council on the 4th day of June A.D., 1962 and approved as provided by law, the vote of said Council being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Kennedy Mayor Hussey Nay Yea Yea Yea Yea OLD BUSINESS Discussed the matter of the Water Tower Safety Device. City Clerk had a price from Jack Sharpe's Inc. Motion duly made by Councilman Seng that we give permission to order this device, seconded by Councilman Siller and by vote CARRIED. NEW BUSINESS Motion duly made by Councilman Sengthat we donate $300 for fireworks for the 4th of July celebration, seconded by Councilman Kennedy and by vote CARRIED. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Kennedy Jif.ayor Hussey Yea Yea Yea Yea Yea Council turned the matter of reclassification of Nat Brown's property over to the Zoning Board. Motion duly made by Councilman Seng that we tar-Ie the matter of the Rifle Range until we investigate it further, s~conded by Councilman Kennedy and by vote CARRIED. Nat Brown's letter was read again notifying the people of the ground breaking ceremonies for his new office building. Council stated that all who could possibly go would attend. Mayor Hussey proclaimed the week of June 11 through 16 Little League Week. Reeves Smith: At the meeting before last a matter came up concerning the former Council. All I was ever interested in when I was on the Council, were the people who put me in office. On November 1, 1960 I 'vas at the meeting and made the motion that John Deibler be taken back as a policeman after being suspended by Mr. Norman. I wanted Hr. Deibler and Mr. Norman to shake hands and make up. That was;done. It didn't stop there. Right after November 1, new faces came into the Council who did not know what was going on. Right in the presence of the present Y.tayor and myself, Mr. Deibler said he ,dll get that man if he has to go to the Governor. ~~yor asked }~. Smith to be seated. Mr. Smith: There is a law for freedom of speech. He went on to say that this is nothing more than dog eat dog. City Attorney Clark asked the people to contain themselves somewhat. , v ~ ~ u Mr. Smith: The former Council had nothing Ito do "lith this case. Stanley Seng can't sp.y anything different. Any former Councilman would have to go along with that. !-Ir. Smith then brought up the matter of Stop Signs for Florida Shores, but was net allO\'Ted to speak and taken out of the Meeting. l'lr. Fred Brannon, Attorney for Frank Norman, then spoke. He said he wanted to discuss two things. (1) That it was a fair trial in DeLand. Frank Norman had a right to a Jury Trial. Anyone who says it wasn't a fair trial doesn't know vThat he is talking about. Concerning the case, I believe a man stole gas from a filling station in the City but vms caught outside of the City Limits. The money \'las brought to the Police Department in\!; New Srrwrna Beach. The man had not been given a trial and the money doesn't belong to the City of Edgewater. Anytime that man walked into court he was entitled to his money. (2) The Auditors have made their audit. There are a lot of tickets missing in 60 and 61. That auditor talked to Officer Deibler. That auditor has not asked Frank Norman anything about it. The tickets were handled loesely. There was a weak system from date of arrest to the time of the trial. I hope Edgewater has a better system in the futuve. May~Hussey has voted his convictions and Councilman Siller has. Three of you have not been consistent. Frank Norman is as good a police officer before all this started as he is now. ~fuether you recognize this or not is your privilege. There are four arms to every court case: Hy Defense, State Attorney's Case, the Jury, and the Judge. Nembers of the Council, you are more than men, you are the arms j:>f the City of Edgewater and should talk above personal feelings. Nat Brown: I am not for or against Norman. Mr. Brown said th~t the oUe r speakers were out of order. vTe have elected a City Council and \'le should give them a chance. Charles Teague: Gentlemen, You have been elected by the people of Edgewater. Before you went into office you said you would do what vias good for the City of Edgewater. Tonight you have dismisseddsomeone you know in your heart is one of the best peace officers that there is in this part of the state. I think it is a very poor place when ~~.~ Smith can't speak his own mind. We have a right to free speech in this country. I believe with all rrw heart that you were afraid he would tell something else. There being no further business Councilman Kennedy moved we do now adjourn, seconded by Councilman Palmateer and by vote CARRIED. Time 8:40 P.M. Hayor cl ATTEST: .J ;/ I t1lf' =:)J ./t'~ /'9--/ /\:./,: l' JvL/ City Clerk f V ' _ C Councilman