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08-28-1975 - Regular ~ o ~ , CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA REGULAR MEETING HELD AUGUST 28, 1975 The regular meeting of the City Council of the City of Edgewater was called to order at 7:30 P.M., August 28, 1975 by Mayor David C. Severance. ROLL CALL Mayor David C. Severance Councilman Jacob Lodico Councilman William H. Cairnie Councilman Walter B. Sikes Councilman Calvin R. Dietz City Manager Dale N. Bryant City Attorney Joseph E. Weaver City Clerk Sue Blackwell Police Chief George R. Katez Present Present Present Present Present Present Present Present Present INVOCATION SALUTE TO FLAG APPROVAL OF MINUTES At this time Mayor Severance recognized the Forestry Service. Mr. Jim Marquis presented the Fire Chief James Blackwell with federal cost assistance money in the amount of $1,425.00. Mr. Blackwell stated that on behalf of the Fire Department this is very much appreciated and it will be put to good use. Mayor Severance laid out ground rules for conducting this meeting. Councilman Cairnie made a motion that the minutes of the regular meeting and the Public Hearing of August 14, 1975 be approved, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. BILLS AND ACCOUNTS Councilman Lodico made a motion to pay the bills as read at the Monday nights meeting, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. COMMUNICATIONS Clerk's Cash Statement General Fund Budget Report City Manager Bryant stated that the City of New Smyrna Beach has asked that Edgewater enter into an Indemnity Agreement for the conditions under which we keep prisoners in the New Smyrna Beach jail. City Attorney Weaver stated that it would be perfectly legal to enter into this agreement. Councilman Cairnie made a motion to accept and abide by the agreement, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. o o City Manager Bryant stated that we have a recommendation from the Chairwoman Woodard of the Board of Adjustments, that Mrs. Marie Nichols and Mr. Jerry Fenske be reappointed to the Board of Adjust- ments for another term. Mr. Bryant stated that the length of this term will be three years. Councilman Cairnie made a motion to accept the recommendations, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. City Manager Bryant read a request from Mr. Leslie G. Anderson that he be given permission to fill in 25 feet into the river on his property. T.l S.A 10 min. Mayor Severance explained that the Council is required to object or not object to anyone filling in river front property, however there are other steps that the individual has to take before he can do this. Councilman Cairnie made a motion that Mr. Anderson be granted this permission, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. City Manager Bryant read the resignation of Stephan Kelley from the Merit Board. Councilman Cairnie made a motion to accept this resignation being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. Mayor Severance stated that this position will go up for election by the City employees. City Manager Bryant rea~ a recommendation from the Merit Board that Larry Westfall be advanced to the next step for an increase in salary of 22~ an hour. Councilman Cairnie asked if this was approved by the Department Head and the City Manager, Mayor Severance answering yes. Councilman Cairnie made a motion to accept the recommendation, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. City Manager Bryant read a letter from the Volusia County Police Benevo- lence Association asking that they be recognized as an exclusive bar- gaining agent for the Edgewater Police Department. He also read his recommendation that the VCPB not be recognized at this time. Mr. Allen Ludwig, Attorney for VCPBA spoke to the Council in regard to this suggesting that the City Attorney research Chapter 447 part 4 and also Section 8H of the Florida Administrative Code in regard to the procedure that the City Manager has suggested. Councilman Cairnie made a motion that this be tabled and that the City Attorney research this, being seconded by Councilman Lodico. Upon roll 20 call vote said motion CARRIED. min. City Manager Bryant stated that he has another request from the Merit Board stating that they would like some response on the letter sent to the Council in regard to unused sick leave. Mr. Bryant stated that he has instructed the City Clerk to have copies of the minutes of the Council meeting at which this was discussed to the Merit Board. Mayor Severance explained that this had been tabled due to waiting on the budget figures, however this could be placed for the workshop. -2- o u RES. NO. 586 A RESOLUTION EMPLOYING AND APPOINTING M. WOODROW TUCKER AS MUNICIPAL JUDGE OF THE CITY OF EDGEWATER, FLORIDA, SETTING FORTH HIS TENURE, SETTING FORTH HIS SALARY, SETTING FORTH HIS DUTIES AND RESPONSIBILITIES, AND PROVIDING AN EFFECTIVE DATE THEREFOR. City Attorney Weaver read the Resolution in full. CouncilmannCairnie made a motion to adopt this Resolution being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. 25 MIN RES. NO. 587 A RESOLUTION DESIGNATING JERRY FENSKE TO THE BOARD OF ADJUSTMENTS OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL RESOLUTIONS AND PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFEC- TIVE DATE THEREFOR. City Attorney Weaver read the Resolution in full. Councilman Lodico made a motion to adopt this Resolution being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Tape I Side B o min. RES. NO. 588 A RESOLUTION DESIGNATING MARIE NICHOLS TO THE BOARD OF ADJUSTMENTS OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL RESOLUTIONS AND PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFEC- TIVE DATE THEREFOR. City Attorney Weaver read the Resolution in full. Councilman Cairnie made a motion to adopt this Resolution being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. ORDINANCES City Attorney Weaver stated that all of these Ordinances are up for the first reading and there will be a second reading later. ORD. NO. 935 AN ORDINANCE MODIFYING SECTION 3 OF ORDINANCE 904 BY REDUCING THE SEWER DEVELOPMENT FEE TO $75.00 AND RE-ESTABLISHING A SEWER CONNECTION CHARGE OF $75.00 IN PARAGRAPH A OF SCHEDULE 2 OF SECTION 2 OF ORDINANCE 878 TO COVER THE ACTUAL COST OF CONNECTION TO THE SEWER SYSTEM OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. City Attorney Weaver read the Ordinance by title only. Councilman Dietz made a motion to adopt this Ordinance being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. ORD. NO . 936 AN ORDINANCE TERMINATING JUDSON I. WOODS, JR. AS MUNICIPAL JUDGE OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. -3- o o City Attorney Weaver read the Ordinance by title only. Councilman Cairnie made a motion to adopt this Ordinance being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. ORD. NO. 937 AN ORDINANCE SETTING A TENTATIVE BUDGET AND APPROPRIATING REVENUES TO BE COLLECTED FOR THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1975, AND ENDING SEPTEM- BER 30, 1976 TO THE VARIOUS ITEMS OF THE CITY BUDGET: REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. City Attorney Weaver read the Ordinance by title only. Councilman Sikes made a motion to adopt this Ordinance being seconded by Councilman Lodico. Mr. Taylor asked if the Council does not have to have a Public Hearing on this? Mayor Severance explained that there is no ?fiblic Hearing required if there is no increase in the millage. Mr. Taylor questioned if the $21,000.00 for the City Manager's office is correct? 5 min. Mayor Severance explained that this is one half of a girl's salary the City Manager's salary, representation, education, membership, travel, and so on. A few other questions in regard to the City Manager's expense were answered. Mr. Christy asked why he does not receive any assistance for the seminars that he attends and so on. Mayor Severance stated that these things will have to be considered when they come up. 10 min. Upon roll call vote on the motion to adopt this Ordinance said motion CARRIED. Councilman Dietz voting NO. ORD. NO. 938 AN ORDINANCE APPROPRIATING REVENUE TO BE COLLECTED FOR THE WATERWORKS AND SEWER SYSTEM OF THE CITY OF EDGEWATER,FLORIDA FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1975 AND ENDING SEPTEMBER 30, 1976 TO THE VARIOUS ITEMS OF THE WATERWORKS & SEWER SYSTEM BUDGET. City Attorney Weaver read the Ordinance by title only. Councilman Lodico made a motion to adopt this Ordinance being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. Councilman Dietz voting NO. ORD. NO. 939 AN ORDINANCE AMENDING ORDINANCE NUMBER 880 BY AMENDING THE PARAGRAPH CONCERNING PERMITTED ACCESSORY USES UNDER THE B-5 CLASSIFICATION OF ARTICLE 6 OF ORDINANCE NUMBER 880 TO ALLOW STORAGE, SALES, SERVICE AND DISPLAY OUTSIDE BUILDINGS IN THE B-5 CLASSIFICATION BY PERMIT 'OF THE CITY COUNCIL, REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PRO- VIDING AN EFFECTIVE DATE THEREFOR. -4- o Q City Attorney Weaver read the Ordinance by title only. 20 min. Councilman Cairnie made a motion that this Ordinance be adopted being seconded by Councilman Dietz. Mayor Severance gave some explaination about this Ordinance. Upon roll ~all vote said motion CARRIED. ORD. NO. 940 AN ORDINANCE AMENDING ARTICLE IV OF ORDINANCE 880 BY ADDING SECTION 400.011 TO SAID ARTICLE IV OF ORDINANCE 880 TO PROVIDE FOR THE USE OF A SINGLE LOT OF RECORD IN ANY PLATTED SUBDIVISION IN THE CITY OF EDGEWATER, FLORIDA FOR A SINGLE FAMILY RESIDENCE, PROVIDED THAT AT LEAST 51% OF THE TOTAL LOTS WITHIN THE SUBDIVI- SION ARE DEVELOPED UTILIZING A SINGLE LOT OF RECORD FOR EACH SINGLE FAMILY RESIDENCE, REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE THEREFOR. City Attorney Weaver read the Ordinance by title only. Councilman Sikes made a motion to adopt this Ordinance being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. Tape 2 Side A= o min. OLD BUSINESS Mayor Severance stated that it was discussed at the workshop to place on the referendum elections every two years for the entire Council. Councilman Dietz stated that due to the expense of the elections, and also we feel that we could get a better turn out if we have eiliections every two years. Councilman Cairnie made a motion that this subject be placed before the voters on a referendum, being seconded by Councilman Dietz. There were several questions from the audience. 5 min. Mayor Severance explained that this is being put on a referendum for the people to vote on whether they want it this way or not. Paul Walls suggested that when this goes on the referendum, it should be explained what type of change over procedure is going to be used and so on. Mr. Mackie voiced his=objection to this. Mrs. Murphy stated that there could be an advantage to this. Upon roll call vote said motion CARRIED. Councilman Sikes and Mayor Severance voting NO. Mayor Severance explained that it was discussed at the workshop that it be put on a referendum that a simple majority of the Council will over ride a Merit Board decision. Councilman Cairnie made a motion that this be placed on a referendum for the public, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Mayor Severance voting NO. -5- , . o o NEW BUSINESS Mayor Severance read the next item as to set a date, time and place for hearing on City Manager's recommendation on the Police Chief. Councilman Dietz stated that he will not be available for the month of September after September 4; he stated that if the entire Council is wanted to attend it will have to be before September 4. 10 min. Councilman Lodico asked if this could be brought up tonight. Mayor Severance stated that this would be out of order because it was discussed at the workshop that this item will only be brought up tonight to set a date for a hearing. Mayor Severance further explained that the Attorney for Mr. Katez said that he needed time to present his case, and perhaps a date could be set with the Attorney. Attorney Weaver stated that it would be out of order to discuss any issues in regard to this matter. Councilman Dietz asked what is going on that we can not discuss whether we are going to terminate someone without an Attorney and so on. Mayor Severance stated that it is State Law under the Sunshine that no item will be discussed at a regular or special meeting unless this item has been placed on the agenda for discussion. Councilman Lodico made a motion to override the Mayor's out of order call, being seconded by Councilman Dietz. Councilman Sikes asked if Mr. Woods, the Attorney for the Chief is prepared to defend the Chief? Mr. Woods stated that he requested the time for September 5th. however the 4th would be agreeable. Councilman Dietz asked Attorney Weaver if there would be any objection to reading the charges tonight? City Attorney Weaver stated that it is not before the Council to be read, the motion should be withdrawn and a motion made for a special meeting. The motion to override the Mayor was withdrawn. Councilman Dietz made a motion to call a special meeting September 3, 1975 at 7:30 in the Community Center, being seconded by Council- man Cairnie. Mr. Turner asked if all the items were going to be discussed and are we going to know who made the charges? Mayor Severance stated yes, and he explained the procedure by which the meeting will be conducted. Upon roll call vote said motion CARRIED. 20 min. At this time Councilman Cairnie stated that in order to give the Chief of Police time to prepare his defense he made a motion that the Chief be suspended as of tonight until time of the hearing, being seconded by Councilman Dietz seconded the motion stating that this should be with pay. -6- . . o o . There were several comments that this was prejudging the Chief. 25 min. Councilman Dietz explained that the Council has the right to suspend any City employee if they find any reason to call their duties derilect, then it is up to the Council to decide whether that suspension holds or should be withdrawn. Councilman Lodico called for the question. Upon roll call vote said motion CARRIED. Mayor Severance voting NO. Mrs. Leo Turner stated that earlier tonight the Mayor stated that nothing could be done tonight but set a date, now you have accepted a motion for suspension. City Attorney Weaver stated that the action that has been taken is proper. Tape 2 Side B. o min. Attorney Woods stated that he believes that the Council has breached their faith to him and the Chief by suspending the Chief without cause. Councilman Cairnie stated that this motion was made in order to give the Chief time to prepare his case. Mayor Severance stated that we will go onto the next item of business, which is the selling of water to the County. Councilman Dietz spoke in regard to this, stating that we have discussed this with our engineers and they feel that it would be feasible. Councilman Dietz made a motion that we instruct the City Manager to make the proper contacts with Mr. Kelly and whoever is ahead of this division and instruct them that we are in a position to take care of their needs at the present time as set forth in the schedule by our engineers, being seconded by Councilman Lodico. 5 min. There were several questions from the audience, and it was ex- plained that when the new plant is built there will be an excess of water and this will be a way to make some money to help pay for this. ~ Mrs. Biggerstaff stated that if we supply the water in Oak Hill that the property value down there is going to increase, however if we would supply water to Florida Shores, we would be increasing the property value there instead. Mayor Severance stated that there is a study underway by the engineers in regard to the water and sewer in Florida Shores. Mrs. Webber questioned if the new water plant is being built just to supply this water to Oak Hill. Mayor Severance stated No, that we have been instructed that either we improve our quality and quantity of water in Edgewater or we will be closed down and be hooked up to New Smyrna. Councilman Lodico called for the question. Upon roll call vote said motion CARRIED. MISCELLANEOUS Mr. Taylor asked if it is not true by Roberts Rules of Order that the only person who can call for the question is the man who made the motion? -7- " r . . o o City Attorney Weaver stated that anyone can call for the question. Mr. Hanson stated that it was mentioned that by State Law you can not take up anything that is not on the agenda; and the suspension was not on the agenda. City Attorney Weaver stated that the way the motion was stated, it was made to protect Mr. Katez's rights to give him time off from work in order to allow him to prepare his case. The motion was worded in conjunction with the date which was set. Chief Katez asked if he is goiijg to be escorted from the meeting or is he going to be allowed to come into City Hall in the morning and get his belongings from his office. 15 min. Mayor Severance stated that nothing was mentioned in the motion about any of this, therefore he will be able to come in and pick up his things whenever he wishes. Mr. Odell stated that he feels everything should be told to the public. Mr. Clinton stated that when the City Manager was hired he was on the board, and the City Manager was head of every department except the Police Department. City Attorney Weaver stated that Ordinance 912 changed that, and the Police Chief does come under the supervision of the City Manager. 20 min. Richard Morris asked why the motion could not have been to give the Chief a leave of absence so that he could prepare his case. There were more statements made about the action taken tonight was out of order. Councilman Lodico made a motion to adjourn, being seconded by Councilman Dietz. Upon roll call vote said motion CARRIED. Mayor Severance voting NO. wL.. /' ~ Mayor Councilman ATTEST: i![~~ 1 rtlL- Approved this ~day Councilman ad~ City Mayor ~ -8- o GENERAL FUND City of Edgewater WW & SS Southern Bell Pratt's Radiator Florida Power & Light American Hardware Electrical Construction City Auto Supply New Smyrna Chrysler-Plymouth Mac Smith Rental Equipment Scottys Burns Janitor Service N.S. Commercial Printing Gasoline Alley Smyrna Auto Parts Industrial Office Outfitters Coastal Office Machines News-Journal Corp. James N. Nichols Xerox West Publishing Co. Gray Durg Stores State Tractor & Equip~ent Volusia County City of Edgewater Joseph E. Weaver WATER & SEWER City of Edgewater WW & SS Southern Bell City Auto Supply Sigurd Ohrwall American Hardware N.S. Commercial Printing Curtin Matheson Scientific Smyrna Auto Parts Hughes Supply, Inc. Sav-On Utility Supplies City of Edgewater (.) BILLS AND ACCOUNTS AUGUST 28, 1975 City Hall, Com. C. Shufflebrd. F.D., Street P.D. Street lights, traffic light City Hall, C.C., Street, P.D., P&P. Rec. P.D. Street P.D. Street Street, Capital Improve. Upkeep P.D. P.D. New Garage City Hall P.D. Gen. Gov. Misc. Civil Defense City Hall P.D. P.D. Street City Hall Petty Cash City Attorney Water Water Water Sewer (Assoc.dinner) Water and Sewer Water Sewer Water Water Water Petty Cash 36.85 102.37 8.00 2,193.67 18.64 6.93 104.16 2.18 23.97 123.72 39.73 67.50 138.15 7.28 38.78 32.75 42.00 90.00 189.09 45.00 3.74 912.00 55.80 9~~9 230.00 4,5?2.00 5.50 40.23 32.10 6.00 55.82 35.00 14.00 26.89 254.75 164.40 2.13 636.82