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03-05-1962 - Regular I r..... \...., .... REnULAR }lEETING OF THE CITY COUNCIL OF THE CITY OF EffiEWATER, VOLUSIA COUNTY, FLORIDA, HELD l-fARCH 5, 1962 ~ . V The Regular Meeting of the City Council of the City of Edgewater, Florida held ~mrch 5th, 1962 ~laS called to order by Mayor A. Hussey at 7:30 P.M. ROLL CALL Mayor A. Hussey Councilman C. Siller Councilman S.A. Seng, Sr. Councilman H.R. Palmateer Councilman G.S. Kennedy City Clerk F.F. Dippery City Att'y Dan Warren Acting Police Chief J. Deibler Fire Chief C.F. Garlick Present Present Present Present Present Present Present Present Present The minutes of the Regular Meeting held February 19th, 1962 were presented to each Councilman for his approval. Motion duly made by Councilman Seng these minutes stand approved as submitted, seconded by Councilman Kennedy and by vote CARRIED. BIUS & ACCOUNTS Spence Chevrolet Co. Volusia Tractor & Implement Co. New Smyrna Auto Supply Roger B. Quincy H.J. Laing's Sunoco Station Board of County Commissioners Charles H. Sieg, Jr. Hill Bros. Tire Co. Edgewater Motors John W. Dykeman Campbell A. Brown Neptune Heter Co. Seagrave Corporation National Chemsearch, Corp. Hughes Supply, Inc. Florida East Coast Railway Co. Dwight's New Smyrna Builders Supply Co. Charley's Welding Shop Lloyd Cox Co. Richfield Truck Stop Electric Service - Wiring Ramp and Playground Bank of New Smyrna Prentiss Hardware Hall Machine vTorks Mid-Florida Supply, Inc. i'l.R. Ferreira The Baker & Taylor Co. Roger B. Quincy Jones Chemicals, Inc. New Srrwrna Plumbing Supplies Smokey's Automotive City of New Srrwrna Beach Best in Children's Books Gaylord Bros. Inc. $4.95 30.23 20.62 120.00 5.94 173.68 500.00 12.36 26 .48 17.00 2,035.00 309.90 16.55 132.74 5.88 96.00 2.15 4.17 118 .20 11.35 4.50 489.00 10.00 83.29 5.98 320 .00 16.00 20.62 86.30 57.38 15.00 36.03 484.73 3.40 7.55 Hotion duly made by Councilman Palmateer these bills be paid and be made a part of the minutes, seconded by Councilman Seng and by vote CARRIED. Roll call vote being as follows:- / ~ II . I '-" '-' '-' ~ Councilman Siller Yea with exception of Electric Service Bill and Mid-Florida Supply Bill Councilman Seng Councilman Pa.1mateer Councilman Kennedy Mayor Hussey Yea Yea Yea Yea COMl-roNI CATIONS A letter was read from Fred R. Brannon, Jr. asking the Edgewater City Council to have the docket books returned to the City Hall in Edgewater where they belong. A letter was read from John Grafton stating that Acting Police Chief Deibler had been to his office on this day, March 5, 1962, concerning the Auxiliary Police and their insurance. A letter was read from John Grafton saying the Travelers Insurance Co. notified him by phone that the blanket bond covering elected officials, office personnel, police and fire departments, laborers, inspectors, etc., has been written in the amount of $5,000 each and will cover back to February 1, 1962 forward and $10,000 Bond for City Clerk. The City Clerk read Paragraph #2 of John Grafton's letter of February 19 pertaining to insurance covering auxiliary policemen. 'A letter was read from Mrs. L. Thomas on Travelers Palm Drive thanking the Fire Department for their spontaneous action to put out the brush fire coming toward her home. A check for $10 for the Fire Department was enclosed. OFFICERS REPORTS The Library report was read for the month of February, 1962. The Police report was read for the month of February, 1962. The Building Inspector's report was read for the month of February, 1962. RESOLUTIONS None ORDINANCES AN ORDINANCE REGULATING THESPEED OF TRAINS THROUGH THE CITY OF EOOEWATER FLORIDA AND ESTABLISHING A PENALTY FOR THE VIOLATION THEREOF. The above ordinance was read in full by Attorney Warren and motion duly made by Councilman Seng 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 held on March 5, 1962. Roll call vote being as follows:- Councilman Siller Councilman Seng Coun:cilman Pa.1mateer Councilman Kennedy Mayor Hussey Yea Yea Yea Yea Yea Upon motion duly made by Councilman Siller this Ordinance be held for secondereading at next Regular Council Meeting, seconded by Councilman Kennedy and CARRIED. Discussion of Insurance on Auxiliary Police Acting Police Chief Deible;r stated that for foUr or five weeks we have been trying to organize a. Special Police Department. For some reason we can not get insurance on it. I could get insurance from another man in a minute. I think there is some reason Mr. Grafton does not want a Special Police Department. IvIaybe because I didn't let him on it once. But for some reason he does not want it. I talked with an Insurance Man who has been in the business 40 or 50 years. He could not, understand why the Firemens Auxiliary II ~ I '-'" '-' ~ ~ . '--" would be any different than the Police. Auxiliary. It would only cost 35i on $100.00. The Insurance Agent said he would write out the policy provided he wrote the whole. thing"out. It doesn't seem sensible that men who are interested in Police Work can't serve. ~ doesn't make sense that an Insurance Agent can't find out how to insure them. New SlI\Yrna Beach doesn't have any trouble, Daytona Beach doesn't have any trouble. We have had 15 special policemen and suddenly when I try to organize the Police Department there is a big deal. It seems to me someone doesn't want a Police Department at this time. Councilman Kennedy stated that he talked to Mr. Grafton this afternoon pertaining to the Police Insurance. There was no provision with his Company where you could insure' Voluntary Police Department which this would be. He wrote to Hartfor9. Connecticut to find out about~.it. He doesn't have any provisions now. You can make out individual Accident Policies for all policemen. Councilman Palmateer asked if Acting Police Chief Deibler had stated that there was another Insurance Agent who would write a policy for the Auxiliary Police and we could get Worknums Compensation if they were paid any salary, at the rate of 35i on a $100.00? Deibler said that was correct. Councilman1. Siller asked if this Would'have ,to be the entire City Insurance. Deibler said he believed it could just be for the Auxiliary Police. Motion duly made that we table this situation until' we find out more about it from the Insurance Agent by Councilman Palmateer, seconded by Councilman Kennedy and by vote CARRIED. Councilman Siller asked if we continue with Auxiliary Police although we tabled the matter until we have further information. The Council agreed that we should not have an Auxiliary Police Department until they are covered by Insurance. Motion duly made by Councilman Siller that all Auxiliary Police Cards be turned in until they are sufficiently covered by insurance, motion died for want of a second. Councilman Siller asked how many' cards were out at this time. I feel we should call them all back or just give everybody one. Acting Police Chief Deibler said that the New SlI\YrIla Police Department has been helping out in emergencies but they can't do that all the time. .. ,~ Councilman Siller stated that we are all out of order. This motion has not been seconded and there should be no discussion until it is. Councilman Seng said he knew of only two cards out, they were to Mr. Christy and Hr. Mitchell. Councilman Siller said that they should all be renewed. They are not a constant thing that people keep. Attorney Warren stated that the cards the Hayor issued were not valid. Warren said you could give thEi Auxiliary Police legal status but the Council would have to do so legally. Warren stated that he has talked to John Grafton and that they had discussed this on different occasions. I told him I would' check with..the City of Daytona Beach. Iaam sure there is a solution to this problem. You will have to give them some legal status, then you wont have any trouble covering them under Workmen's Compensation. It has always been II\Y impression if you have a problem they-, will cover it. There are other factors besides salary. Things such as J.fedical Care are under it. Councilman Siller asked if Auxiliary Police should be on highway and some car hits them and man is crippled for life could Auxiliary Policeman sue the City? Warren said that anybody could sue. Attorney Warren said it is a Policy matter for City Council to establish Auxiliary Police Officers. I suggest tl--at you do it under Section 39 and other auxiliary agencies. It is no differenu than the Park and Pier Committee or the Library, etc. Acting Police Chief Deibler asked if he takes an Auxiliary Police Officer in a car would he be covered by insurance? Attorney Warren said it would depend on the contract. I would have to see the poli~y of the City before I could give an answer. Attorney Warren said the officers should be.~1.ppointed by Resolution if they have been here even as long as 25 years. II ~ '-' 'wi '--" Councilman Seng moved that the docket books be given to Fred Brannon as soon as Attorney Warren is through with them, seconded by Councilman Kennedy and by vote CARRIED. Roll call vote being as follows:- Councilman Siller Councilman Seng Councilman Palmateer Councilman Kennedy Mayor Hussey Yea Yea Yea Yea Yea OLD BUSINESS Councilman Kennedy brought up the matter of the Lights on the Park and Pier. This is concerning the bids on the wiring on the Park and Pier. Mr. LaBonde had stated that the others he had contacted to do the work on the Park and Pier did not have the courtesy to contact him and others did not seem to be interested. So the job was given to Electric Service of New Smyrna Beach. Mr. Warren Gunther, President of the Chamber of. Gonunerce, protested that awarding the contract without sealed bids is a violation of the Charter since the whole project will cost more than $1,200, even though there are separate bills for the project. Anything over $500 should be given in sealed bids. But on 'l'uesday morning after the meeting they were already starting work on the lights. Mr. Gunther stated that in his figures it would cost about $1,290. B & B Electric Inc. came up with the figure $1,170. That seems to be a waste of the tax. payers money. Nat Brown stated that someone will always corne up with a smaller bid after it is allover. Mr. LaBonde stated everybody had two weeks to give their bids for the job. Hr. Armstrong asked if the Council had charge of the Park and Pier or if Hr. LaBonde was in charge of it. Nat Brown said that everyone should just forget about the whole thing. Attorney Warren said that you can't just forget about it because they had no right to give the job out without competitive bids. Attorney Warren said that you do not have to pay for it. Nat Brown said this tppe of thing:;;.s done all the time. Mayor Hussey said it seems that I am the one all the chips fall on. Why? When we were elected to office we were asked to see if we could get lights on the Park and Pier. It was to my knowledge and understanding that the cost was under $500. Now, to my estimation we have had a good job done. I think the general public likes it. The money came from the Recreation Fund. I don't see the reason for pinning down the Council at this time. I will be honest with you and I want the people to understand this. Library Board Chairman, Mrs., Thelma Hennig asked for an increase in the Librarian salary from the present rate of $1.00 an hour. She said the Librarian is taking care of 600 people a month. It is only cos.ing $2,700 for a full year, operating the Library. Mrs. Warren Gunther brought up the matter about wiring the park again. She said you are all acting illegally. Your attorney says it is illegal, you should do something about it. Councilman Siller said it was never voted on to give this man the contract. Attorney Warren stated that there is no question that any expenditure of $500 cannot be made unless it is authorized by Ordinance and by competitive bids. He said that there is no reason for paying the bill when the Charter says you cannot do it. Councilman Siller asked if the gentleman could sue if we didn't pay. Attorney Warren said he could. Mr. Lenz stated that if you divide the bills up all the time as you have done ~ '-" '-..I \..-, this time you could go on for ever and ever doing the same thing. Nat Brown said why should we bother about it when they have done a good job. NEW BUSINESS Councilman Siller stated that if you recall last Friday night I thought there was a violation of a State law and I was asked to make a test case of it. There is a gentleman here tonight who towed the car in and I believe will prove that Acting Police Chief Deibler violated a State law when he did not make out a report for damages that amounted to over $50.00. I checked our Accident Reports at City Hall. I believe that if Mr. Miller would come forward, I can prove it. Mr. Miller stated that the approximate damage was $300. He said ~e called Acting Police Chief Deibler on the radio to check it out. Mr. De~bler had. checked it out already. l-Ir. Millersstated that he can not touch a car unt~l this is done. Councilman Siller stated that the garage man said the damages were more than $50.00 50 why didn't Acting Police Chief Deibler take his advise. This man; should be capable of knowing. Acting Police Chief Deibler asked Councilman Siller if he knew ~mat the law is? Councilman Siller said a person who has an accident must report it within 24 hours after thd accident. Acting Police Chief Deibler said' the man was not driving on private property. And therefore had no authority. I report because I did not think there was $50.00 damage. road hit a stock pile. on the road but was did not make the The car was off the Attorney Warren said he would have to know more about the facts and see the location before he could say anything. !vir. lliller said the front fender was damaged so much it couldn't be repaired. He said that you can't get a fender for less than $37.00. Acting Police Chief Deibler asked if Mr. Miller had given him the estimate. Mr. l-liller said he had called Mr. Deibler on the radio and gave the infonnation. Report by City Clerk on Sewer System and appointment made with Briley Wild and Associates, City Engineers, March 16 to discuss sewer system for the City. ~1r. Beach said we shokld do something about the south side of the City. It is in such bad condition that he can't even sell his property there. The matter of the lights in Florida Shores and the stop signs was brought up. Some through streets will have tp be put in. }fir. Mosher said that the steet between Palmway and Pine Bluff was suppose to be black topped but it has not been done yet. It is only 300 feet long and he hoped something could be done about it. Hayor Hussey said that it aan be filled in temporarily. Nat Brown wanted to know if they are going to put in the water line on Flagler Avenue. Hayor Hussey said that it '\'lould be done. Discussion was bnought up about the through streets in Florida Shores. Councilman Kennedy said that there was some discussion of raising the speed limit from 25 to 35 miles per hour. Some people thought it was too slow. Mr. Blauvelt said from his discussion with some of the people they feel there should be a through street on Indian River Boulevard. He said it would be better to have theW. going Notth and South rather than East and West because of the Railroad problem. There should also be through streets on 14th or 34th Street. 1>'lr. LaBonde asked about the Ordinance he wanted drawn up for the.test from the University of Florida. Attorney vlarren said he would have it at the II I I v '" ~ ~ next meeting. Mrs. Murton asked that the trash be picked up on Spencer Street. Mayor Hussey said that it would be taken care of. There being no further business Councilman Seng moved we do now adjourn, seconded by Councilman Palmateer and by vote CARRIED. Time 9:15 P.M. Mayor /1 -'?,. . r Councilman Councilman , , Councilman /~ ~h~' l~// ,(l Councilman '~~d. ...... ATTEST:- :1 /'.Y !,J ~f"J' City Clerk These minutes recorded by Marie Robinson, Stenographer.