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03-25-1976 - Regular '. (.J ~ CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA REGULAR MEETING HELD MARCH 25, 1976 Mayor Dana T. Armstrong called the regular meeting of the City Council of the City of Edgewater, Florida, to order Thursday, March 25, 1976 at 7:30 P.M. ROLL CALL Mayor Dana T. Armstrong Councilwoman Ryta F. Webber Councilman William H. Cairnie Councilman Walter B. Sikes Councilman Calvin R. Dietz Asst. City Attorney Jim Davis City Clerk Sue Blackwell Police Chief Earl Baugh Present Present Excused Present Present Present Present Present --r\f!!AD" \'. ...~~.,::- ii"\ \-. .'... ':'1 7. ...... ~ ~Q \\ ~' ,~. ~~ <~ n ~,\ ti)' ill .~ ~,..I"-'''},.''H ~ ,'" ~~\il INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES Mayor Armstrong stated that there is an error on page two under communications in regard to the clean up project by the boy scouts. He said that he believes that this should say to the City limits to the North. Councilman Sikes stated that he thought the request was only for the area within the City limits of Edgewater. Councilman Sikes made a motion that we adopt the minutes of March 11, 1976 with the correction in paragraph three under communications on page two be corrected to that portion of the U.S. 1, within the City limits of Edgewater, being seconded by Council- woman Webber. Upon roll call vote said motion CARRIED. Mayor Armstrong voting NO, stating that he was not present at the meeting. BILLS AND ACCOUNTS Councilman Dietz made a motion to pay the bills and accounts, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. Tape 1 Side A PROCLAMATION 5 min. Mayor Armstrong read the Proclamation declaring the week of March 21 to March 27, 1976 as Edgewater Public School Bicentennial Spring Thing III Week. COMMENDA TI ON Mayor Armstrong presented the Chief of Police with a commendation for Officer Paul C. Page for services above and beyond the call of duty. COMMUNICATIONS Certification of Posting Clerk's Cash Statement Budget Reports - General Fund, Water and Sewer Tape 1 Side A 15 min. 20 min. Tape 1 Side B ~ o o The City Clerk read a letter from the Florida Department of Administration, Division of State Planning, congratulating the City of Edgewater for receiving an action grant award to support the Police Department Investigation unit. Some forms were enclosed which need to be filled out and returned. The mayor stated that there is no action necessary in regard to this. The City Clerk read a letter from the Board of Governors requesting that the Mayor and Council members attend as many of their meetings as possible. It was also requested that all communications between the board and the Council be in writing, and that they be notified in writing of any action taken on their motions. The City Clerk read a letter from the Board of Governors requesting certain recreational material in regard to the Edgewater Ball Park. The City Clerk read a letter from the Board of Governors stating that the movement of the basketball goals to the paved area east of the shuffleboard court has not been accomplished, and that the dead palm trees should be re- moved from beside the handball courts and replaced with benches. They are requesting that these things be taken care of. Mayor Armstrong went back to the communication from the Florida Department of Administration. He stated that he would like to thank Mrs. Webber for the work that she has done on this project, and he would like a motion from the Council at this time to authorize the immediate completion of the form. Councilman Dietz stated that he makes that a motion, being seconded by Council- man Sikes. Mr. Taylor asked if Mrs. Webber could explain what all of this means. Councilwoman Webber stated that we applied for a grant of $9,000 from the Federal Government and $500 from the State which will be matched with $500 from the City of Edgewater. We have received the grant, and we will have an investigator at no expense to the City other than this $500. A few questions from the audience in regard to the type of work which is going to be done by this investigator were answered by the Chief of Police. The mayor went to the next letter in regard to a better relationship with the Board of Governors in regard to having correspondence in the file. Councilman Sikes stated that all we need to do on the first letter is to acknow- ledge it and that we will try to be in close communication with them as we should with all boards. The next letter was relating to the equipment for the Baseball field. Councilman Dietz made a motion that we instruct the City Clerk to draw up a purchase order for the material that they want and also to contact a local electrical firm to check the lights out and put them in repair, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. Mayor Armstrong voting NO. The mayor went on to the next letter from the Board of Governors in regard to the basketball courts and the dead trees. Councilman Sikes explained that this work was authorized to be accomplished in the past, and the cement was already enlarged for the courts. Councilman Dietz made a motion that the City Clerk to write a letter and get an approximate cost for the fence, and also go ahead and instruct the City crews to remove those trees and put the seats in there if they want, being seconded by Councilman Sikes. -2- o o 5 min. Councilwoman Webber stated that when this was not done, a number of people asked her about it and she asked the City Manager why it was not done, and he told her that the Council had never instructed him to do it. She stated that she looked back and found that the Council had instructed him, and then he said that there is no money for it and that is why the job was not finished. Councilman Sikes stated that he just checked the budget and there is $6,184.00 remaining in the budget for park maintenance and recreation. Councilman Dietz stated that he still feels that we should have an estimate on the costs. Mrs. Woodard stated that she would like to suggest that poles be put in so that you pay for the lights. She stated that a lot of times the lights are on and the courts are not being used. Upon roll call on the motion said motion CARRIED. RESOLUTIONS RES. NO. 645 A RESOLUTION APPROVING THE RECOMMENDATIONS OF THE BOARD OF ADJUSTMENTS OF THE CITY OF EDGEWATER, FLORIDA, REGARDING VARIANCES FOR CERTAIN DESCRIBED PROPERTY WITHIN THE CITY OF EDGEWATER, PROVIDING AN EFFECTIVE DATE THEREFORE, AND RE- PEALING ALL RESOLUTIONS IN CONFLICT HEREWITH. 10 min. Assistant City Attorney Davis read this Resolution in full. Councilman Sikes made a motion to adopt this Resolution, being seconded by Counciwoman Webber. Upon roll call vote said motion CARRIED. RES. NO. 646 A RESOLUTION AMENDING THAT CERTAIN CONTRACT WITH BRILEY, WILD AND ASSOCIATES DATED THE 19th DAY OF MARCH, 1962, AND THE 22nd DAY OF JULY, 1966 TO INCLUDE A SECTION DEALING WITH ASSESS TO RECORDS AS OUTLINED IN A LETTER RECEIVED BY THE CITY OF EDGEWATER FROM BRILEY, WILD AND ASSOCIATES DATED MARCH 3, 1976, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Assistant City Attorney Davis read this Resolution in full. Counvilman Dietz made a motion to adopt this Resolution, being seconded by Councilman Sikes. 15 min. Mr. Taylor asked if this Resolution was drawn up by our attorney and when? Mayor Armstrong stated that he could not answer this. He added that Mr. Weaver has been temporarily suspended by the Bar Association on March 11, however he was given until the 10th of April to finish up any business that he had already commenced. Councilman Dietz stated that we have all discussed this Resolution it was explained by Mr. Fernandez and we all know that it is right. Mayor Armstrong stated that he agrees with this. Upon roll call vote said motion CARRIED. -3- : o o RES. NO. 647 A RESOLUTION AUTHORIZING BRILEY, WILD AND ASSOCIATES TO PARTICIPATE IN THE PLAN OF STUDY AS SUBMITTED BY NEW SMYRNA BEACH AS OUTLINED IN THE LETTER FROM BRILEY, WILD AND ASSOCIATES RECEIVED BY THE CITY OF EDGEWATER, DATED MARCH 3,1976, PROVIDING FURTHER THAT NO COST SHALL BE INCURRED BY THE CITY OF EDGEWATER UNTIL THE GRANT APPLICATION HAS BEEN APPROVED AND THE CITY CLERK CERTIFIES THAT FUNDS ARE AVAILABLE TO PAY EDGEWATER's SHARE OF THE PLAN OF STUDY. Attorney Davis read this Resolution in full. Councilman Dietz made a motion to adopt this Resolution, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. RES. NO. 648 A RESOLUTION APPROPRIATING $4,363.50 FROM THE WATERWORKS AND SEWER SYSTEM REVENUE FUND FOR THE PURPOSE OF EARMARKING SAID FUNDS FOR PAYMENT OF THE CITY OF EDGEWATER'S SHARE OF THE PLAN OF STUDY AS OUTLINED IN THAT CERTAIN LETTER RECEIVED FROM BRILEY, WILD AND ASSOCIATES, DATED MARCH 3, 1976. Attorney Davis read this Resolution in full. Councilman Dietz made a motion to adopt this Resolution, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. RES. NO. 649 A RESOLUTION AUTHORIZING BRILEY, WILD AND ASSOCIATES TO DRAW UP SPECIFICATIONS FOR COLLECTION AND DISPOSAL OF GARBAGE AND TRASH WITHIN THE CITY OF EDGEWATER, FLORIDA, AT A COST NOT TO EXCEED FIVE HUNDRED ($500.00) DOLLARS FOR SAID SPECIFICATIONS, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Davis read this Resolution in full. Councilwoman Webber made a motion to adopt this Resolution, being seconded by Councilman Dietz. Tape 1 Side B 20 min. There were a few questions from the audience. Mr. Bevel asked if there is some other way without having to spend $500.00 for specifications for trash pick up? He asked if we could possibly use specifications for other Cities? Councilman Dietz stated that there is a lot more involved and a lot that has to be taken into consideration. Upon roll call vote said motion CARRIED. Mayor Armstrong voting NO. ORDINANCES ORD. NO. 953 AN ORDINANCE AMENDING SECTION 35 OF THE CHARTER OF THE CITY OF EDGEWATER, FLORIDA REGARDING THE PENALTIES FOR ABSENCE FROM REGULAR CITY COUNCIL MEETINGS, REPEALING ALL RESOLUTIONS AND ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREF8R. Attorney Davis read this Ordinance in full. Councilman Dietz made a motion to adopt this Ordinance, being seconded by Councilwoman Webber. -4- .' o o Mr. Opal was given the floor; he said that at this point he said that the drawing up of this Ordinance is illegal. He asked what date is on this Ordinance? 25 min. Mayor Armstrong explained that it does not have a date on it. Councilman Dietz asked Attorney Davis that since he was the reader of this Ordinance, would it not be a fact that you are the instigator of this Ordinance until the Council passes it? Tape 2 Side A 5 min. Attorney Davis stated that he has walked into a situation that he is not com- pletely famil~r with. He stated that he did not himself draft this Ordinance, he does not know the background or the intent of the Ordinance. Councilman Dietz asked if there is anything illegal about the City Attorney drawing up this Ordinance? Attorney Davis stated that certainly not. Councilman Sikes stated that it was brought out in the paper this morning that our City Attorney was temporarily suspended. He stated that he saw the papers that came to the bank, and he was given thirty days to practice law and repre- sent his present clients. He added that he thinks that this is why the audience is questioning the legality of the Ordinance. Attorney Davis stated that he has not studied the suspension order, he has seen a copy of it perhaps five minutes before this meeting began. He suggested that the Council could accept this Ordinance subject to it having been properly drawn in accordance with all of the requirements of your Code and so forth. Councilman Sikes tried to explain the text of the Ordinance, and the intent for drawing it up. He added that the Council directed that this be drawn up. Attorney Davis stated that he would have to see the suspension order to answer whether Mr. Weaver was precluded him trom that capacity when it was drawn. He again suggested that the Ordinance could be accepted subject to it being in accordance with the laws and Ordinances. Mayor Armstrong gave Mr. Davis the Charter of the City Of Edgewater, dated in 1951. He stated that this Ordinance refers to Section 35, and he asked if the attorney would look at Section 35 in the Charter and Section 35 in the Ordinance, and see that there is no relation with the two of them. Mr. Taylor was given the floor, and he asked why the nine (9) days? He stated that this is giving yourselves a nine week vacation. Councilman Dietz stated that when it was set up originally there was one Council meeting a month, and this gave the Council 3 months or 3 meetings to miss without being put off the Council, now we are going to go to 4 or 5 meetings a month, so that law would be very demanding. Mayor Armstrong stated that ~e have three different documents, and Section 35 is not the same in any of them. He stated that we had a new Charter in 1962 which the people voted down, and since then it has not been changed, the only thing we got last year was a big red book that has loose leaf notebook that you can put in and take out but it does not constitute the Charter at all. Mr. Bevel stated that the Council paid $12,000.00 to get this cognified. Attorney Davis stated that he has a Code from the City of Edgewater, which was an act to abolish the municipal government of the town of Edgewater, he said that the mayor informs him that this was gratified in 1951, he stated that he has a Code of the City of Edgewater, and a loose leaf Code, dated 1974. He added that the first document does not pertain to the Ordinance, the other two do relate to penalties for absence. He stated that he does not know the history of the Code of the City of Edgewater nor its legal status, whether the later documents are infact legally correct? It would seem that at this point it might be prudent to defer action or take action subject to these questions being resolved prior to second reading. -5- " o o Mr. Opal stated that he challenges that anything being drawn up dated after Ma rc h 11 i s i 11 eg a 1 . Attorney Woods handed the attorney a copy of the order of suspension in regard to Mr. Weaver. Attorney Davis read from the order explaining that Mr. Weaver is temporarily suspended, however not to preclude him from continuing to represent existing clients during the first thirty days of the suspension. He added that if the City of Edgewater is a client of Mr. Weaver than he may continue to represent the City of Edgewater for the first thirty days, and he stated that he would say that this is the case. He stated that he does not like to give off the cuff legal opinions about these things, but from looking at the order this is what I see. r 1 0 mi n . Mr. Taylor questioned the substance of the Ordinance, asking what would happen to a board if a member was allowed to miss nine sessions? Mayor Armstrong stated that we could debate this further, however the explana- tion of all of this, the attorney's opinion, the reading of the Court order is a matter of record on tape and there is always due process of law. If anybody wants a mandamus case from the Court to rule in some other way it is just a matter of filing a suit to do so, and in all probability there will be some soon. Councilman Sikes asked if he could answer Mr. Taylor's question. He said that before when we had two meetings a month we were allowed to miss three regular meetings which could have carried us into six weeks. Mayor Armstrong stated that this is another thing that we could debate without a Court interpretation of the Charter as to whether we could or could not be- cause the change that was made in it says that you can only be tried on three charges, nonfeasance, misfeasance and malfeasance. Councilman Sikes stated that he is not talking about the charges, he means where it states in there that you allowed to miss three meetings without your position on the Council be terminated. Mayor Armstrong stated in again which Charter? Mr. Bevel asked what Charter the City operates under? Mayor Armstorng stated that he operates by the old one that the people :voted on. Mr. Bevel stated that not being facetious, but by what authority do you operate under that one? The Council voted to pay $12,000.00 to have an attorney cognify the Charter and Code, and the City should be operating under this cognified Charter. Mayor Armstrong stated that he operates under the old one because this was the one that was handed down by legislation and voted on by the people. Councilman Dietz called for the question. Upon roll call vote said motion CARRIED. Mayor Armstrong voting NO. 15 min. ORD. NO. 954 AN ORDINANCE AMENDING SECTION 2-25 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY INCREASING THE SALARIES OF THE MAYOR AN ADDITIONAL $100.00 PER MONTH AND EACH COUNCILMAN(WOMAN) AN ADDITIONAL $100.00 PER MONTH, REPEALING ALL RESOLUTIONS AND ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. Attorney Davis read this Ordinance in full. Councilwoman Webber made a motion that this be tabled until we have a full Council present, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. -6- r () u OLD BUSINESS Mayor Armstrong stated that the Edgewater Volunteer Emergency Rescue asked to be recognized by the Council tonight. Mr. Bevel was given the floor as president of this organization. He stated that they wish to have the Ordinance which was presented to the Council be reconsidered in regard to the EVER becoming a part of the City. He said that they have raised enough money that they are not considered in the present budget, and they are willing to pay for their own insurance until the next budget year. There will be no cost to the City at all until the next budget year, because they feel that they can raise enough money just on a donation basis until this time. 20 min. Mayor Armstrong asked Mr. Bevel if he has reviewed the report from the County on the rescue? Mr. Bevel stated that he has not, however he does not know how this deals with us here. 25 min. Mayor Armstrong stated that the report did show that the Vo1usia County citizens have paid a lot of money for the rescue service, and the report indicated that Edgewater was in the process of organizing and it did talk to the personnel and the qualifications and so forth. Mr. Bevel stated that City Hall was given a list of the rescue personnel to- gether with their qualifications. He added that this was all initiated under a prior Council, they indicated that they would accept us into the City and the attorney was instructed how to draw this up, which was done. Councilman Dietz stated that he feels that as members of the Council it is one of our duties to see that the people in the City reap the benefits of the different services afforded by the money they pay in their taxes. This rescue could be one of the most important systems that we could ever incorporate into our City. He asked who could measure the value of the saving of just one life, and what would this be worth in money; and we are talking about $750.00. These people have dedicated themselves to this, they have worked hard, and they have their certificates and all they are asking of us is to be recognized by the City so that they can go ahead and prove themselves. He added that this is an Ordinance and if at any time the City feels that this is not a good idea, all it takes is an Ordinance to abolish it, but lets give them a chance. Mr. Bevel answered several questions from the audience in regard to the rescue service and the insurance. Tape 2 Side B Mr. C. V. Wilson, 2201 South Ridgewood Avenue spoke to the Council commending this rescue service and stating that they are 100% behind this organization. After much discussion, Mayor Armstrong stated that if this was put on a referendum he would go vote for it, and he will vote for the Ordinance to put it on a refer- endum, but the authority to create a new line item for the City of Edgewater, he doesn't think that, as serious an operation that it is even if it were permis- sable under House Bill 1020, that the four or five or three out of five should enact such an Ordinance to create a rescue as the right arm of the City. He stated that his reasons are technical as far as the law is concerned. Councilman Dietz asked Attorney Davis if it is not true that the legislature enacted House Rule 1040 stating that the City would have home rule, which in essence removes the Charterprovisions and put most of the Charter provisions under ordinance form which at any time the Council could alter certain pro- visions without a referendum. Attorney Davis stated certain provisions yes. He stated that his recollection is that this would not be a matter that would require a referendum and it is something that could be enacted by the Council.The only reason that you might take a different view on it would be if it became an agency of the City in the same manner as the Fire Department. It depends on how you are going to set it up. -7 - ~ o o Councilman Dietz made a motion that the Council go on record as accepting this Ordinance and recognizing the rescue squad for the City of Edgewater, being seconded by Councilman Sikes. Mayor Armstrong stated that you are trying to vote on an Ordinance that we don't have and we don't have it on the agenda and we canlt read it. If you want to put it on the agenda Councilman Dietz withdrew his motion. Mr. Robert Christy spoke to the Council in regard to this. He stated that he has yet to see anyone refuse something that is being given to them which will benefit them 1,000 percent. Mr. Yackel spoke to the Council representing the Florida Shores Property Owners, stating that they are very much behind this organization. He stated that it was pointed out that if it does not work out you simply have to draw up another Ordinance and do away with them. Mrs. Florence Rowe, from the Blue Gables mobile home park spoke in favor of this organization. -Mayor Armstrong said that we aren\ talking about money we are talking about technicalities. Councilman Sikes asked Attorney Davis for legal advice as what to do in this situation. Attorney Davis stated that it looks as if you are going to have to place this on the agenda at an agenda session and draw up an Ordinance, and act on it at 15 min. a regular meeting. Councilman Dietz asked if the Council would do a heart and soul research on this whole thing and see if you canlt find it in your heart to pass this, and Mr. Armstrong, if you have these technicalities, please use the City Attorney. Councilman Sikes made a motion that we authorize the City Attorney, or acting City Attorney that if there is no conflict with the City Charter that at the next regular meeting an Ordinance will be drawn up amending the Charter of the City of Edgewater to provide for the Edgewater Volunteer Emergency Rescue Attorney Davis stated that he would suggest that this Ordinance that he has never seen be given to him to examine with the man who is supporting it to see what their intention is, and if it appears to be consistant with the Charter that it be resubmitted with a new number and presented at the next regular meeting. If there are any legal problems in the procedure at that point than he can make the people involved aware of those problems, together with the City Council. Councilman Sikes withdrew his motion. Mayor Armstrong stated that he feels that the best thing to do is to commit ourselves to Mr. Bevel IS request that we will research for the purpose of reconsidering. Mr. Bevel requested time on the next agenda meeting. Councilman Dietz made a motion that this Ordinance be handed over to our attorney for him to come up with an opinion for the Council at the next agenda session, as to whether it will be in conflict with the City Charter or whether it should be an Ordinance, and how it will function within the City, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. 25 min. Mayor Armstrong stated that the next item is the Planning Board By-Laws. Councilman Dietz made a motion that we table this until after the appointments are made to the Planning Board, bringing it up to its full strength to give everybody a chance to study the by-laws, being seconded by Councilwoman Webber. -z- o ~ Tape 3 Side A Mr. Wharton spoke in regard to this saying that it was said that it is up to the Council whether to accept these by-laws so what does it matter if all of the members are appointed. He asked what the problem is? Councilman Dietz stated that we feel that it should be voted on by a majority of the members. Upon roll call vote said motion CARRIED. Mayor Armstrong voting NO. Mayor Armstrong stated that the next item is a report on the landfill. Mayor Armstrong stated that the landfill operation has been slowed down a little due to the condition of the bulldozer. He explained the trouble involved, and explained that we have to use the bulldozer at a minimum. He added that the last time the Environmental people were here they were well content with every- thing except the bacteria found. Councilman Dietz stated that we have been advised by our engineers on numerous occasions that the attempt to salvage this landfill is futile and yet we con- tinue to expend this money to continue with the project. He asked why we are paying the engineers to tell us one thing, and then we keep doing what they tell us not to do? Mayor Armstrong stated that we have not spent any money. He added that the bulldozing is to cover up what we get out there daily. Councilman Dietz stated that in other words we are being led to believe that all work at the dump pertaining to alterations to the fencing, the gates, the wells, the vent pipes and all of that is going to be stopped until such time we get the bids back and decide whether we are going to spend the $60,000 one way or the other? 5 min. Mayor Armstrong stated that he would not say that because we would get a stop and decease order real quick the minute we stop doing anything, as long as we are making some progress toward the plans and specifications that we paid Briley, Wild to draw up. He said that they drew these plans up several months ago, and it cost the City about $2,400, and these were plans and specifications to comply with the Environmental Control require- ments on a landfill operation. Councilman Dietz stated that he would like to bring it to your attention that he was informed by the engineers that they have never yet submitted to the City of Edgewater a set of plans for which to work that job out there. Mayor Armstrong stated that the engineers were at the landfill with him and talked about them with the plans that they submitted. Councilman Dietz asked if these were working plans, blueprints? Mayor Armstrong stated yes, they are detailed. The mayor asked Mrs. Webber if she has seen the plans? Councilwoman Webber stated no, that is a schematic drawing. She stated that when she spoke to Rick he said that they are not blueprints, and that there is not a set of blueprints, it is only a schematic drawing. Mayor Armstrong stated that this was the plans that they gave us for what we had to do to comply, and EPA wrote the letter accordingly. Councilman Sikes stated that one of the conditions was that if we reached a point and the water tested at a certain facture that we might as well stop and it was all conditioned on that water checking out a certain way and as it is now it is worse than what is coming out of our sewer. This is the report that Mr. Fernandez gave us. If it is at that point now we would be foolish to spend anymore money until we see what we can do to correct that water. -9- ~ o o Councilwoman Webber stated that she spoke to Mr. Fernandez and she asked him about the purchasing of the property, and he advised very strongly against buying any additional property. He said that if we had to do such a thing we would need two pumps, and a way to purify it. Mayor Armstrong stated that Rick doesn't tell him any of these things, he agrees that the plans that we have are what we should go by. There were several comments made by people in the audience. Councilman Dietz stated that if we are going to pay the engineers, we had better rely on what they tell us. If the Council feels that they can't depend on the engineering firm that we have, lets go get another one. He suggested that we have Rick at our next agenda meeting so that we can all get the answers. There was more discussion as to which should be done Mayor Armstrong stated that we were given two choices and one of them he did not advise. The two canal systems he did advise. Councilman Dietz stated that at the time he presented this it hinged on the fact that this will work provided that when we dig the wells we don't find leachate, if we find leachate, write the whole program off. This is what was said, the tests were taken and they did find leachate. Mayor Armstrong stated that Volusia County concurred with the Edgewater land- fill as one of seven that would remain in this County. Councilman Dietz stated that the State of Florida says different. Councilman Sikes stated that the engineer said that they did not take any tests they just looked at it and it makes a beautiful landfill area. 15 min. NEW BUSINESS The Mayor stated that the first item is the Board of Governors By=Laws. Councilman Dietz suggested that we look at Article VI. Mayor Armstrong stated that this would be a violation of the Sunshine Law. Councilman Dietz made a motion to table this for further study, being seconded by Councilwoman Webber. Mr. Travis asked if these by-laws 'are not accepted will it be true that their realm of operation is only with the Community Center until our new by-laws are signed? The Council explained that this is not necessarily true. 20 min. Upon roll call vote said motion CARRIED. Mayor Armstrong explained that Mr. Eason was in the office and spoke with him about the insurance. He said that Mr. Bason would like to meet with us and we could take some of this equipment off of the insurance. Councilman Sikes stated that we should all go and look at this equipment so that we understand what we are talking about. Mayor Armstrong stated that there is no action necessary, this will be done. -10- o o The next item is a motion to advertise for part time help. Councilman Sikes stated that he feels that there are people in Edgewater who might be interested in this, and if we put this in the paper we will have people from everywhere. He said perhaps we could put an ad in the Library and the Community Cente~ and around the area. Mayor Armstrong stated that we have the Chamber of Commerce and we have several other organizations meeting in the adjacent meeting room in the Community Center, and we have discussed this. He said that he feels that this should be handled by the Board of Governors. They should make the recommendation to the City Council. Councilman Dietz made a motion that we send the request to the Board of Governors asking for permission to put the Chamber of Commerce in the front room for the use of their office from the hours of 10:00 to 4:00 each day five days a week, being seconded by Councilwoman Webber. 25 min. Mayor Armstrong stated that it was not in his thinking that the Board of Governors should reassign everything, but that they recommend that it be reassigned. Councilwoman Webber stated that she has been told that the Chamber of Commerce has so many pieces of equipment that it will be necessary for them to keep the door locked at all times, and that the room now is used for other organizations, and they should not have complete charge of that room, because the other people should not be locked out. Tape 3 Side B. Mr. Schell was given the floor, and he stated that the Chamber of Commerce has talked to the Building Official, and it was decided that they would like to work with the Building Official and stay in the room they are in. Councilman Dietz asked if what they want is to move the Building Official in with the Chamber of Commerce and the Civil Defense? Mr. Schell stated that there is not room in there for the Civil Defense, but they can work with the Building Official. The Council discussed this with Mr. Sche[l. The previous motion and second were withdrawn. 5 min. Councilman Dietz made a motion to table this until after the Board of Governor1s meeting, being seconded by Councilwoman Webber. Upon roll call vote said motion CARRIED. Mayor Armstrong made an announcement that we have a short form for those who are interested in becoming members of thePlanning Board. The forms can be filled out and returned to City Hall, before the 5th of April. Mr. John Gross asked what the Council has done about the Merit Board resignations? It was explained to him that they were tabled, and they will come up again. Mr. Opal was given the floor at which time he spoke on Attorney Weaver being suspended from the Bar Association. He stated that he wants to go on record in advising this Council to take action in dismissing Attorney Weaver pending his charges before the Bar. He stated that if the Council takes no action he is going to bring a suit of mandamus against the City itself. He said that it should not be let go until April 10th, because there will be other things that are going to happen. Mr. Bevel was given the floor he stated that he thinks that Mr. Opal has very good cause to be concerned and he agrees with him to a point however everyone is innocent until proven guilty, and he feels that if this Council jumps and takes action prior to a trial and the proof that this man has committed a felony or whatever is jumping to a conclusion. -11- u ~ Mayor Armstrong spoke, stating that he talked to Mr. Weaver today on the phone, and it was indicated that he was going to resign. This has been quite a heavy load on him and he has been taken to the doctor and the doctor ordered him to bed, he is quite ill. The City Council does have to live up to the responsi- bilities that they have. He stated that he has been accused and there will be a trial, he is in trouble and the mayor stated that he feels sorry for anybody who is in trouble. The Charter states that the City must appoint an attorney and agree upon the terms at the time of the appointment. You must have a vacancy before you can go out and shop for an attorney and as long as you have someone who can't pick up any new business it is his opinion that it would be in the interest of the people of Edgewater and fulfilling the obligation of the City Council to put Mr. Weaver on suspension without pay until such time that the legal documents can be drawn to terminate his services or his tendering his resignation. Councilman Sikes asked Attorney Davis about his fees and how he is paid for sitting in at a meeting for Mr. Weaver. Attorney Davis explained that for coming to a meeting, Mr. Weaver was paid and he in turn paid Mr. Davis, however if he does research additional to attending the meeting he bills the City. Councilman Sikes stated that he also spoke to Mr. Weaver today, and he did intend on being here tonight, and he did intend to resign, but at that time he was concerned about representing the City on this Corbett Smith case. He does have certain things that he needs to finish, but he does intend to turn in his resignation. However the suspension order states that any fees that is paid from this date on goes to theCourt, so we need to do something because even if we were to pay Joe he will not be able to pay Mr. Davis. Attorney Davis suggested that a copy of the order of suspension be attached to the minutes of this meeting. He read from the order in regard to the fees and what the conditions are. Councilwoman Webber stated that she does not like being threatened by anybody and she feels that the Council should be given a chance to make their own decisions before we are threatened. She made a motion that we suspend Mr. Weaver until he is either cleared or is convicted Councilman Sikes said that this is a little out of order but in regard to the Corbett Smith case, if we do this this evening he would have no authority to represent the City in this case coming up. 20 min. Mayor Armstrong stated that there is a civil action coming up in Court Monday and the accused is going to be represented by Council and it is quite an active case. Councilman Dietz asked Attorney D3vis what his recommendation would be in a matter like this, ask for a postponement to give him time to represent the City, or have Joe represent the city and suspend him after that. Attorney Davis stated that the way he reads this order Mr. Weaver is not pre- cluded from representing his present clients up to thirty days, however this is a policy decision up to the Council. If you suspend him tonight he will not have the authority to represent you in Court. Mayor Armstrong repeated the motion. Attorney Davis suggested that you should clarify in regard to whether you are talking about the Bar action for suspension or whether you are talking about some other action. If you are speaking of the Bar action, the wording would probably be until such time as he is either permanently suspended, suspended for a fixed period of time or exonerated and reinstated to full privileges as a member of the Bar. -12- Q Q Councilman Dietz asked again how does that effect us in regard to the Court case? Attorney Davis explained that this will depend on the wording of the motion as to whether he is suspended immediately or as of a certain time. Councilwoman Webber stated that she intended the motion to suspend him im- mediately. She asked Attorney Davis if there is any reason why he could not continue with this case? 25 min. Attorney Davis stated that legally it is his recollection that the Council appoints the Assistant City Attorney to do whatever the City Attorney can do. The practical response is that he will have to look at his schedule. He stated that he is not familiar with the case, however legally he has the authority to handle the case. Councilman Dietz stated that he would second the motion, but he still wants to talk about it. At this time there was discussion in regard to the cases coming up in Court that Mr. Weaver was to represent. Tape 4 Side A Attorney Davis repeated himself, stating that legally Mr. Weaver has the authority to represent the City in these matters, however this is a policy decision for the Council. If this is what the City wants, he would suggest that the suspension be dated subsequent to that. Mayor Armstrong stated that Joe is in a very nervous condition health wise, and to send him out to represent the City this week or next week would be doing the man an injustice. Councilman Sikes stated that he would like to say, that any pay that we might pay him, he would not get it, so we by action this evening could refer all payment for legal services will be to our Assistant Attorney, then wait and give him a chance to resign, this would give Mr. Davis a chance to make con- tact with Mr. Weaver and find out all the research and if he needs to repre- sent us, then perhaps both of them together, actually Mr. Davis would be our attorney and whether he resigns or not on April 10th he will no longer be our attorney. Attorney Davis stated that if Mr. Weaver has indicated that he intends to resign perhaps it would be more fair to him to accept his verbally tendered resignation. Councilman Sikes stated that he mentioned that he was going to resign, however he wanted to date the resignation after the Corbett Smith case. Councilwoman Webber stated that since we have paid Mr. Weaver for everything up to this date in regard to the Corbett Smith case, if he has done all of the research couldn't anyone take over from here? Attorney Davis explained that if Mr. Weaver has done the research and every- thing, it is possible that they could get together and he could be brought up to date, however when you research something you get a feeling for it. Councilwoman Webber repeated her motion to suspend Mr. Weaver as of now until he is either exonerated or permanently suspended, without pay and to appoint Mr. Davis to take over in his place, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. MISCELLANEOUS Mayor Armstrong stated that the next item was the Corbett Smith case, which Mr. Weaver was going to talk to us about. Chief Baugh stated that he was asked to check on a vehicle, and he has found one in St. Augustine. It is a good car, 1974 Plymouth, and they want $1500.00 for it. It has less than 50,000 miles on it. It was a patrolman's car and was not used on the freeways, it was driven around town. -13- Q o Councilman Dietz made a motion that we instruct the Chief of Police to take a look at this car and bring a report back to Mrs. Webber and see what they want to do on this thing, and let her make the decision, being seconded by Council- woman Webber. Councilwoman Webber asked if they will hold the car for us. Chief Baugh said that they will hold the car until Monday afternoon. Mr. Bevel asked if this doesn't leave the Chief in an awkward situation, since he can't spend over $1,000 right now, how can he buy the car without a vote of the Council and they will only hold the car Monday afternoon? Councilman Dietz stated that Mrs. Webber is the Vice Mayor, and she can call a special meeting if she wants to. 1 0 mi n . Upon roll call said motion CARRIED. ANNOUNCEMENTS Workshop - April 5, 1976 Regular Meeting - April 8, 1976 P.E.R.C. Public hearing on Volusia County P.B.A. in Orlando at 10:50 A.M. on April 2, 1976. ADJOURNMENT Councilman Sikes made a motion to adjourn, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. MINUTES TAKEN BY: Sue Blackwell Debbie Sigler i~~~r a~~r- - )/~.> M yor ATTEST: c- ~ ii~rk~ ~ o-d.-/ lici ~~ _ 7 /J / Approved this ~day of i;:~!/~O@~ April, A.D. 1976. counc~man V --=------ rP~-:7~r: a~4'~~~ ~~ Mayor ~ if -14- Q GENERAL FUND City of Edgewater WW & SS Engel IS South Fla. Natural Gas Co. Vo1usia League of Municipalities Southern Bell Florida Power & Light Co. Packwood Place Barbara Montesano Carmen Montesano Denver Fleming N. S. Commercial Printing Standard Oil Co. Hughes Supply Inc. Xerox Case Power & Equipment Safeguard Business Systems National Chemsearch Taylor Brothers Tires Industrial Office Outfitters Lanier Business Products Roppls Automotive Electric R. E. Morris Pratts Radiator Repair Diversified Electronics Glenn H. Doh1e Robert H. Christy City of Edgewater City of Oak Hill Joseph E. Weaver WATER AND SEWER City of Edgewater WW & SS Florida Power & Light Co. Sentinel Star Southern Bell Dobbs Armature & Pump National Chemsearch All State Pipe Supply Co. Hughes Supply Inc. c.J BILLS AND ACCOUNTS MARCH 25, 1976 City Ha 11, F. D., C. C., Shuff1 ebrd. P.O. Com. C. Council mi sc. Fire, Street Street, Street lites, traffic lite Council misc. Witness fee (P.O.) Witness fee (P.O.) Witness fee (P.O.) P.O. Street P.O. Misc. Street, Landfill City Ha 11 Garb. P.O. City Ha 11 Council & Misc Boards Street Street P.O. P.O., Street, F.D. F. D. C.D. Petty Cash City Attorney Water Water and Sewer Water Water Water Water ~Jater Water 41.95 250.50 46.00 25.00 92.88 2 , 11 0 . 44 28.50 5.00 5.00 5.00 16.00 2,342.64 8.94 184.30 255.63 28.20 1 77 . 00 128.95 223.25 224.37 21.90 10.32 22.50 186.50 75.00 13.44 60.72 29.65 97.50 6,717.08 5.50 1,253.22 32.94 53.73 10.00 93.00 40.50 162.92 1,651.81