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10-04-1971 - Regular G (..) o o THE CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD OCTOBER 4, 1971 The Regular Meeting of the City Council of the City of Edgewater, Florida was called to order by Mayor William H. Cairnie on Monday. October 4, 1971, at 7:30 P.M. ROLL CALL Mayor William H. Cairnie Councilman Jacob Lodico Councilman Charles P. Ganta Councilman General Fugate Councilman David L. Wiggins City Attorney Charles A. Hall City Clerk Elsie L. Ward Deputy Clerk Carolyn Schedler Police Chief J.C. Walker Present Present Present Present Present Present Present Present Present APPROVAL OF MINUTES Councilman Lodico duly made a motion to accept the minutes of the Regular Meeting of September 20. 1971 and the minutes of Special Meeting held on September 28, 1971. Said motion was seconded by Councilman Wiggins. Upon roll call vote, said motion CARRIED. BILLS AND ACCOUNTS GENERAL GOVERNMENT City of Edgewater, Waterworks & Sewer South Florida Natural Gas Co. Dorothy M. Mills, Tax Collector Muriel Ihnken Taylor Brothers Library Petty Cash Fund Motorola Communications & Electronics Southern Bell Smokey's Electric George Stuart, Inc. New Smyrna Motors Charles P. Ganta Jacob Lodico Atlantic Machine Works Volusia County Public Libraries State Tractor & Equipment Co., Inc. W.S. Darley & Co. Watkins Ford, Inc. Xerox Corp. Momar Inc. Charles A. Hall City Auto Supply Southern Bell 11.35 53.41 4.23 9.04 59.66 7 . 21 49.50 111 .34 80.00 15.40 6.00 6.00 6.00 5.00 315.80 11 .34 77.00 199.86 44.16 70.00 40.50 83.86 19.97 $1,286.63 WATER & SEWER DEPARTMENTS City of Edgewater Waterworks & Sewer Manufacturers Hanover Trust Co. Eagle Army & Navy Store Motorola Communications & Electronics New Smyrna Builders Supply Co. 6.00 20.QO 34.88 5.00 6.72 '. (; o o o BILLS AND ACCOUNTS, cont Smith & Loveless Consolidated Chemical Corp. Addressograph Multigraph Corp Bert Lowe Supply Co. Briley, Wild & Associates Curtin Scientific Co. City Auto Supply Fla Power & Light Southern Bell 153.62 233.75 10.05 18.95 232.00 70.65 1. 75 173.78 7.93 $ 975.08 A motion to pay said bills and accounts was duly made by Council- man Lodico and seconded by Councilman Wiggins. Upon roll call vote, said motion CARRIED. OFFICERS REPORTS Certification of Posting Library Report for September Mayor Cairnie asked JoAnne Sikes, Chairman of the sidewalk committee, to give a report on their meeting. A copy of the report is attached for records. After the report was read, Mayor Cairnie suggested the Council go over the report before the next Regular Council Meeting. Councilman Fugate duly made a motion to table the requests of the committee until the next meeting so the Council could discuss the report from the committee. Said motion was seconded by Councilman Ganta. Upon roll call vote, said motion CARRIED. Councilman Lodico stated he had been quoted by some people as being against building the sidewalks, but I am not against it. I am for it. Mr. Robert Fisher stated when he as on the Planning Board, Council- man Lodico backed up the plans for building the sidewalks, but due to finances and his not returning to office, the plans were not carried through. Councilman Fugate stated the TODAY paper accused him of being against the sidewalk plans and I am for building them. ORDINANCES ORDINANCE NO. 700: AN ORDINANCE SEvTING A TENTATIVE BUDGET AND APPROPRIATING REVENUES TO BE COLLECTED FOR THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, FOR THE FISCAL YEAR BEGINNING NOVEMBER 1, 1971 AND ENDING OCTOBER 31, 1972 TO THE VARIOUS ITEMS OF THE CITY BUDGET. Councilman Lodico duly made a motion for the second reading to be adopted, being seconded by Councilman Ganta. Upon roll call vote, said motion CARRIED. ORDINANCE NO. 701: AN ORDINANCE APPROPRIATING REVENUE TO BE COLLECTED FOR THE WATERWORKS AND SEWER SYSTEM OF THE CITY OF EDGEWATER, FLORIDA, FOR THE FISCAL YEAR BEGINNING NOVEMBER 1, 1971 AND ENDING OCTOBER 31, 1972 TO THE VARIOUS ITEMS OF THE WATERWORKS AND SEWER SYSTEM BUDGET. A motion for adoption of the second reading was duly made by Councilman Ganta and seconded by Councilman Lodico. Upon roll call vote, said motion CARRIED. -2- o o o o ORDINANCES, cont ORDINANCE NO. 702: AN ORDINANCE DISCLAIMING ANY LIABILITY FOR LOSS OR DAMAGE TO ANY BOAT OR BOATING EQUIPMENT OR ANY CONTENTS OF ANY BOATS THAT ARE MOORED TO OR TIED TO OR LEFT UPON THE CITY PARK AND PIER AND RECREATION AREA ACROSS FROM CITY HALL OR UPON OR ADJACENT TO ANY OTHER PROPERTY OWNED BY THE CITY OF EDGEWATER, FLORIDA OR DEDICATED TO THE PUBLIC; PROVIDING THAT NO BOATS OR FLOATING VESSELS OF ANY TYPE SHALL BE MOORED OR TIED TO OR IN ANY WAY MADE FAST TO THE BULKHEAD OR SEAWALL IN THE PARK AND PIER AND RECREATION AREA ACROSS FROM CITY HALL; PRO- VIDING PENALTIES FOR VIOLATIONS OF THIS ORDINANCE, AND SETTING FORTH AN EFFECTIVE DATE. Councilman Wiggins duly made a motion to adopt the said Ordinance, being seconded by Councilman Fugate. Upon roll call vote, said motion CARRIED. Mayor Cairnie: In Section 2 of the Ordinance it states; it shall be unlawful for anyone to tie or moor their boats to the seawall. What will happen when the north seawall is completed? Shouldn1t this be included in Ordinance? Councilman Wiggins: I don't think this is necessary. Councilman Fugate: This Ordinance is not our intention to dis- courage people from fishing at the pier but we are trying to protect the City. Councilman Wiggins: When the seawall is completed, the Ordinance can be changed and provisions be made at that time. A motion for waivure of the second reading was duly made by Councilman Fugate and seconded by Councilman Wiggins. Upon roll call vote, said motion CARRIED. RESOLUTIONS RESOLUTION NO. 410: A RESOLUTION APPOINTING AN ELECTION CLERK, INSPECTORS AND A SPECIAL OFFICER FOR THE PRIMARY CITY ELEC- TION TO BE HELD IN THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA OCTOBER 19, A.D., 1971. Councilman Fugate duly made a motion to adopt the said Resolution, being seconded by Councilman Wiggins. Upon roll call vote, said motion CARRIED. RESOLUTION NO. 411: A RESOLUTION CREATING A POSITION OF SUPERINTENDENT OF PUBLIC WORKS OF THE CITY OF EDGEWATER, FLORIDA, PROMOTING LEROY CUTSHAW, JR. TO THE POSITION OF SUPERINTENDENT OF PUBLIC WORKS, SETTING FORTH HIS SALARY AND TENURE AS SAID SUPER- INTENDENT OF PUBLIC WORKS, DEFINING HIS RESPONSIBILITIES AND AUTHORITY AND DUTIES AND PROVIDING AN EFFECTIVE DATE THEREFOR. A motion for adoption of said Resolution was duly made by Councilman Fugate and seconded by Councilman Wiggins. Upon roll call vote, said motion CARRIED, with Councilman Ganta voting Nay. RESOLUTION NO. 412: A RESOLUTION TERMINATING THE EMPLOY- MENT OF JEROME C. WALKER AS CHIEF OF POLICE FOR THE CITY OF EDGEWATER, FLORIDA, SETTING FORTH A GROUND FOR SAID TERMINATION AND PROVIDING AN EFFECTIVE DATE THEREFOR. Councilman Fugate duly made a motion to adopt the Resolution and seconded by Councilman Wiggins. Kenny Clinton: I have a petition signed by 250 residents of the City. We would like for the Chief to stay on the job. Mrs. Crigger: I would like to say this is a sad state of affair. He hasn't had time to get his feet wet. I think this Council has pulled these funny things long enough. -3- o o o o RESOLUTIONS, cont Klaus Gruter: Last month when we didn't have a Chief, a lot of damage was done to the City. This City needs a good Chief. Councilman Ganta: I think there is a breakdown of communications and I don't think the Chief should be fired. One of the residents asked Councilman Fugate to explain what in- subordination meant in the Resolution and why is the Chief being fired? Councilman Fugate: I don't care to go into this. The charge is in the Resolution. I went into this at the workshop meeting and I am not going into it now. Mr. Hanson: I would like to ask my Councilman, Mr. Wiggins, why the Chief is being fired. I was not at the workshop meeting and all I know is what I read in the paper. Councilman Wiggins: Ordinance no. 680 states any applicant should have a physical before hiring. Chief Walker hired his daughter and a physical examination was never turned over to Mrs. Ward. Mayor Cairnie: Chief, do you have anything to say? Chief Walker: This place is confused. My daughter was brought on for emergency. I know someone who has worked for the City for 5 years and has not had a physical. David Severance: Did the Council approve her to work? Mayor Cairnie: Yes, I said in an emergency the Chief could put his Mother-in-Law to work. John Gross: Would you read the motion again? Councilman Lodico: I think everybody has heard it. Attorney Hall: Mayor, 00 you want me to read it? Mayor Cairnie: Yes Scott McKever: I think the Council came here with a preformed mind in firing the Chief and nothing said here will change you minds. John Gross: Couldn't he be suspended instead of firing him? Kenny Clinton: Mayor Cairnie,read heading of Petition. The people would like the Chief to be given a 6 month probation period to be reviewed after this. After the discussion, roll call vote was taken on the motion. Motion CARRIED with Mayor Cairnie and Councilman Ganta voting Nay. Mayor Cairnie stated the grounds for firing the Chief were insuffi- cient and small so he would vote Nay. Councilman Lodico: You can't comment when voting, only yea or nay. Mayor, you broke that rule again. RESOLUTION NO. 413: A RESOLUTION GIVING EACH COORDINA- TOR FROM THE CITY COUNCIL OF EACH DEPARTMENT OF THE CITY OF EDGEWATER, FLORIDA THE AUTHORITY AND POWER TO SUSPEND AN EMPLOYEE IN SAID DEPARTMENT, SAID SUSPENSION TO BE SUBJECT TO THE LATER AP- PROVAL OR DISAPPROVAL OF THE CITY COUNCIL, PROVIDING GROUNDS FOR SAID SUSPENSION, PROVIDING THAT SAID EMPLOYEE SHALL NOT BE ENTITLED TO PAY DURING THE PERIOD OF SUSPENSION, PROVIDING FOR A HEARING FOR SAID SUSPENDED EMPLOYEE, AND PROVIDING AN EFFECTIVE DATE THEREFOR. -4- o o o o RESOLUTIONS, cont. Councilman Ganta duly made a motion to adopt said Resolution, being seconded by Councilman Fugate. Upon roll call vote, said motion CARRIED. Mrs. Crigger: Can this be done in one night? Mayor Cairnie: Yes, a Resolution can be passed in one night. Mrs. Crigger: Can the public demand you table it? Mayor Cairnie: No, only the Council can table it. John Gross: What is the percentage of a recall petition? Mayor Cairnie: 60% of registered voters signing before the City Clerk. Upon roll call vote, said motion CARRIED with Mayor Cairnie voting Nay. OLD BUSINESS A motion to allow Morgan Campbell to dispose of his garbage & trash at the City Dump paying the regular fee was duly made by Councilman Ganta and seconded by Councilman Fugate. Upon roll call vote, said motion CARRIED. NEW BUSINESS Councilman Lodico duly made a motion to close Bryson, Union and West Connecticut streets to traffic on school days the hours the children are going to and from school. Said motion was seconded by Councilman Ganta. Upon roll call vote, said motion CARRIED. Councilman Ganta duly made a motion to advertise for Insurance bids covering all City equipment and property for a period of one year. Bids being returned by November 15, 1971 by 4 P.M. Said motion was seconded by Councilman Lodico. Upon roll call vote, said motion CARRIED. There being no further business, Councilman Lodico duly made a motion to adjourn, being seconded by Councilman Wiggins. Upon roll call vote, said motion CARRIED. TIME OF ADJOURNMENT: 8:55 P.M. MINUTES TAKEN BY: Carolyn Schedler Jf/ W \ ".4 AA/VUY Mayo r rt --e--:--t.T--. _ v~ . a~~ Q2 JJtvI't., Councilman -frc ~. / ;:; lA.R, I E S1e L. ~~ Ward, City Clerk ~- ~~b4 ~~ ATTEST: -5-