Loading...
08-27-1981 - Special , ~... u u l' .~ " CITY OF EDGEWATER CITY COUNCIL SPECIAL MEETING August 27, 1981 Mayor Christy called the Special Meeting to order. ROLL CALL Mayor Robert H. Christy Councilman Jacob Lodico Councilman David Ledbetter Councilman Wilbert Pendleton Councilman John Wilbur City Attorney Clay Henderson City Clerk Nancy Blazi Police Chief Earl Baugh City Manager Joseph Mitchell \ Present Present Present Present Present Excused Present Present Present Mayor Christy read the notice of the Special Meeting called by the City Manager. "Under the provision of Ordinance 81-0-22, I hereby call a Special Meeting of the City Council for Thursday, August 27, 1981, at 2:00 P.M. in the conference area of the auditorium. The purpose of this Special Meeting is to consider and take action as necessary as follows:" Mayor Christy then stated, "This is not in accordance with the Charter, :. Section 15, this is illegal according to that Charter." Councilman Wilbur requested that the Mayor's remarks be stricken from the record because it was the Mayor's opinion that the meeting was illegal and not the opinion of the City Attorney. Mayor Christy said, "I still want it written in the minutes that Section 15 makes it illegal. The first item on the agenda - approval of accounts payable to date. Councilman Wilbur made a motion that the bills be approved. Councilman Pendleton seconded the motion. Councilman Ledbetter and Mayor Christy questioned various bills. Upon roll call the motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. The next agenda item - award of bids, police car. The City received two bids, one from Bud Lawrence Ford for $7,939.92 and the other from Spence Chevrolet for $8,098.00. It was recommended that the bid be awarded to Bud Lawrence Ford. Councilman Pendleton made a motion that the Council accept the Bud Lawrence Ford bid. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Agenda item - correction of flooding, Old County Road. The Council discussed the flood conditions that exist in front of Coronado Paint Co., on Old County Road. Coronado Paint has offered to share the cost of repairing the road. The City will pay $995.00 and the balance will be paid by Coronado. Towers Construction Co. will provide labor and machinery. The City will also furnish limerock as necessary and asphalt. The total cost to the City should not exceed $3,395.00 (this includes the limerock and asphalt). - 1 - '1., v o ~ Mayor Christy said we should have at least three bids on this. The City Manager said that the City is not engaging Towers, Coronado Paint had made the contract. Councilman Ledbetter said that this was approved a couple of years ago but has never been done. Councilman Wilbur made a motion that the Council approve this work. Councilman Lodico seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy, "I want the record to show that the City Attorney should verify this to see if it is legal. Agenda item - acceptance of Wildwood Subdivision Phase III. The City Manager read a letter from Briley, Wild, dated August 21, 1981, concerning an inspection of the sanitary sewer system and paving in Phase III of Wildwood. Briley, Wild suggested that the manholes should be cleaned and the entire system flushed and that several locations in paving require contraction joints. Once these items were corrected and the water bacteriological samples were passed by DER, Briley, Wild would recommend acceptance of Phase III. On August 26, 1981, Briley, Wild wrote the City that the items mentioned in their letter of 8/21/81 had been corrected. It is recommended that the City accept this final phase of the Wildwood Subdivision with the condition that final bacteriological tests be approved. Councilman Wilbur made a motion that the Council accept Phase III of Wildwood Subdivision subject to approval of bacteriological tests. Councilman Pendleton seconded the motion. There was a discussion about the plat for Phase III. Mr. Ed Hall, representing the developer Frank Hall, spoke to the Council, answered questions and presented copies of the plat for Phase III. Mr. Wadsworth, Supv. of Utilities said that all lines had been cleaned and samples taken, however, we are not a certified laboratory and have to wait for the water sample results which should be back by the first of the week. Upon roll call the motion CARRIED 5-0. Agenda item - status of Charter Review Committee. The City Manager said that he was asked by Councilman Pendleton to put this item on the agenda for this meeting. Councilman Pendleton, "Several weeks ago, the Council set up a committee of 26 members for the purpose of reviewing the Charter and bringing it up to date. Presently, the committee is functioning with 11 to 12 members which does not constitute a quorum. My opinion would be that the committee can take no definitive action and can only operate at this time as a discussion group. The City is being sued by the Mayor and certain areas on which this committee is going to act upon are in question in this lawsuit. It is my opinion that any action taken by this committee before the final outcome of the lawsuit would be without substance. Therefore, I would like to make a motion that we suspend the action of this committee until the outcome of the lawsuit at which time the Council will re-evaluate the situation." Councilman Wilbur seconded the motion. Special Meeting 8/27/81 - 2 - .... (..) o " '. Councilman Lodico, "The Mayor's lawsuit against.the City has caused so much hostility among those involved that the Charter Committee will not be able to function effectively. There are too many members on the committee, it is unmanageable. The Cpuncil should nominate and vote on all members based on the candidate'~'ability, understanding and unbiased attitude. The work of the committee to date, as shown by their by~laws, which I just read today, defeats the idea of impartial involvement of a wide group of citizens making it possible for a minority few to rewrite the Charter that affects the vast majority of citizens. There is too much hostility now between two groups, so much that I think it would be impossible for the committee to accomplish any constructive.'" Mayor Christy read the preamble to the Constitution of the United States and also the preamble to the Constitution of the State of Florida. He then added, "I see no reason for this to be abolished because of it being political. This is a legislative body which has been appointed by the Councilmen and Mayor and I think it should maintain and stay as is as Resolution 81-R-55." Members of the audience indicated that they wished to speak to the Council. After some discussion it was the opinion of the majority of the Council that if there was a spokesman for the group that person could address the Council concerning this issue. It was necessary, at this time, for the Mayor to call for order at the meeting. William Phinney, Pines Edge Court, acted as a spokesman and addressed the Council. He stated that he had been asked to speak for the members of the Charter Review Committee. He spoke concerning the political aspects of the committee and the fact that most of the people appointed to the committee have been or are active politically in the City and that the 26 member committee was idealogically and politically divided almost equally. He pointed out that prior to the establishment of the committee, the Council was aware of the lawsuit brought by the Mayor and threats of lawsuits by other parties in the City not necessarily Council members. "The controlling interests on this Council are three Councilmen, who, for the most part, vote the same way up and down the line, opposed by two others. I am sorry if one of those three Councilman made a mistake and didn't appoint people to that committee that he could count on to vote for Mr. Dietz to become the Chairman." Mayor Christy asked that Mr. Phinney refrain from mentioning names. Mr. Phinney, "The people who have resigned from this committee are all from one side of the political spectrum who are generally known to be aligned with the "ins." Why did they resign? Because the "outs", although in a minority really in that they are not affiliated with any particular Council member, were able to gain the chair. The chair)has some leeway as to how things are organized. So what we have is the problem of we are not going to play anymore because we can't play by our rules. That is not a way for the City to operate. It was pure politics when Mr. Siciliano had his name withdrawn as an appointee to the committee. He said he did not ask to be taken off and that he could and would serve. By his being taken off, the committee would fail to have 14 people." Mr. Phinney continued with reference to the City Attorney's failure to produce informa- tion necessary for the committee to do their work and hinted that the City Attorney already knew the committee was not going to be able to do its work, "Because he had been told by somebody." Councilman Lodico interrupted Mr. Phinney by saying "If we are going to get involved in politics, I am going to put a stop to it and ask for the question." (A number of people were speaking at the same time and the tape 1S not clear at this point). Mayor Christy once again called for order at the meeting. Special Meeting 8/27/81 - 3 - " o " " ... Mr. Phinney, "I asked three of their people if they would serve with our people in drawing up by-laws, as a means of trying to bring some- thing good to the City from both sides. They refused and they have all resigned. The Council should reappoint new members. This move to relieve the committee or in the future to abolish it is nothing but politically motivated. Certain people on this Council continue to believe that the people of Edgewater will forever remain ignorant and blind to the power grab by certain interests. We have volunteered our time, our knowledge, our experience and our finances, and by your continued actions you are saying we donlt want your help." Mr. Phinney continued concerning the fact that any future work done on the Charter will have to be carefully scrutinized particularly in regard to annexation,bonds, powers of the City Manager and others. He recommended that the Council leave the committee alone, possibly reappoint members and keep the people who have offered their assistance so that this group is not so political. Councilman Lodico said that he did not select people politically. Mayor Christy called for a roll call on the motion to suspend the committee until the lawsuit is settled and then re-evaluate it. The motion CARRIED 3-2. Councilman Ledbetter voted No, "Because they went for a 26 man board and if thirteen have resigned this is not my problem." Mayor Christy voted NO. Councilman Wilbur made a motion to adjourn. Councilman Ledbetter seconded the motion. The meeting was adjourned. Nancy Blazi ~ )ed Minutes submitted: Mayor - .~. ") ~;/' ouncilman '--.-/ ~ ~ (C~,~,t: 2~~1f:~ II) b Councllman iI:~A.,t~"'_: '\'hj: r"d 4~11''''' .-:~~ ,. '~ ,f ri;t~ ':~ m ~. :'f ~U~~ "=--Counci lman ~ ~~.;. -' .;;i1.:r.:r" t ~',~I'f1 ~ ~1" ~.:' - , ,,'f{ ATTEST: );~~f{ / ~6 ' City C1e Approved this /6 ~ day of (, r{~ ~ to ~ ~./ ~ . Mayor Special Meeting 8/27/81 - 4 -