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06-25-1981 - Special ~"~ u o .;' CITY OF EDGEWATER CITY COUNCIL SPECIAL MEETING June 25, 1981 CALL TO ORDER Vice Mayor Lodico called the Special Meeting of the City Council of the City of Edgewater, Florida to order at 2:00 P.M. in the Conference Room. ROLL CALL Mayor Robert H. Christy Vice Mayor Jacob Lodico Councilman David Ledbetter Councilman Wilbert Pendleton Councilman John T. Wilbur City Manager Joe Mitchell City Attorney Clay Henderson City Clerk Nancy F. Blazi Police Chief Baugh Absent Present Absent Present Present Present Present Present Present Mayor Christy refused to attend the meeting, even though he was at City Hall. When asked to attend he stated he did not wish to attend because he did not call the meeting. The City Attorney stated the Vice Mayor had the authority to call the meeting, even though the Mayor was in City Hall. He cited a previous case concerning the City of Edgewater and Robert H. Christy and a decision by Judge Durden that meetings held by the Vice-Mayor or Acting Mayor while the Mayor is available are legal meetings. Frank Opal called a Point Of Order and questioned an earlier decision by Judge Miller, which was in conflict with the decision by Judge Durden. Mr. Henderson clarified that the Ordinance 2-22 was a valid amendment to the Charter provision, therefore Judge Durden's decision did overrule that of Judge Miller. The purpose of the meeting was to discuss the following items: (1) Changes in Coordinator System; (2) City Manager Scope of Authority and Duties; (3) Non-interference Policy; (4) Council Meeting Protocol; (5) Civil Defense Organization; (6) Office Space Problem; and (7) Appointment to VLOM. (1) Changes in Coordinator System The conflict existing in having coordinators in conjunction with the newly appointed City Manager was discussed to either abandon the system or the coordinators resign from the positions. Councilman Pendleton resigned from his position as Finance and Administration Coordinator. Councilman Wilbur resigned from his position as Public Utilities Coordinator. Councilman Lodico resigned from his position as Public Works Coordinator. Councilman Pendleton made a motion to accept the resignations of Councilman Pendleton, Councilman Wilbur and Councilman Lodico as Coordinators. Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 3-0. ~ .,- " ... ,'1 u o The City Attorney reminded the Council that all business coming before them would require a 3-0 vote in order to carry. Councilman Wilbur made a motion to instruct the City Attorney to draw up the necessary ordinance to delete the coordinator system. Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 3-0. (2) City Manager Scope of Authority and Duties Mr. Mitchell commented that Section 2.5 of the Code is clearly explicit as to his duties. Mr. Henderson stated that the ordinance did not list the specific departments of which the City Manager was to be administrative officer. Since Mr. Mitchell felt the present ordinance was adequate the Council took no further action on this matter. (3) Non-interference Policy The Council discussed the interference by the Mayor and Councilman with the various department heads. Mr. Mitchell stated he was not havinq a problem at this time with any interference, and the addition of a non-interference clause would be quite restrictive. He did suggest a designation of someone to act in his place in case of his absence. Councilman Wilbur made a motion to authorize the City Attorney prepare an ordinance to provide for an acting City Manager, which was seconded by Councilman Pendleton. Upon roll call the motion CARRIED 3-0. (4) Council Meeting Protocol (a) Maintaining decorum - The Council discussed their position in ascertaining that meetings were run in an orderly manner. The City Attorney stated that the primary responsibility is with the presiding officer, however it is each Councilman's obligation to see that decorum is maintained if the presiding officer refuses. He pointed out that the willful disruption of a meeting of the City Council could carry a charge of a second degree misdemeanor. (b) Agenda format - The City Manager suggested changing the agenda format as instituted at the previous Council meeting. There was further discussion regarding the flexibility of moving the agenda items however it was the consensus of the Council that the present agenda format should be maintained at this time. Mr. Opal called a Point of Order asking why the last Council meeting was adjourned before completing the agenda. Councilman Pendleton explained that any Councilman has the right to adjourn a meeting at any time they feel the meeting is out of order. (c) Interruptions in agenda business by public - Councilman Lodico said the public should not be permitted to interrupt the business of the Council unless specificallY request~d to by the Cbuncil. Mr. Garthwaite, Mr. Holahan Mr. Hetu, Mrs. Opal, Mr. Mackie and Mr. Gross expressed their views on allowing audience participation at the meetings. After further discussion, Councilman Pendleton made a motion to publish the agendas before the meetings, which was seconded by Councilman Wilbur. Upon roll call the motion CARRIED 3-0. Special Council Meeting 6/25/81 -2- - -,"" . " <..) Q The City Attorney stated that on all agendas it should be added that if anyone wishes to appeal any decision made at a hearing then they need to bring a tape recorder to record the meeting so they can have a verbatim transcript. (d) Manner of introducing ordinances and resolutions - City Manager Mitchell suggested the same form as presently used, however requested latitude in writing and preparing ordinances. He further suggested variances from the present Code to accomplish this flexibility by allowing the City Manager and Attorney be involved. Councilman Pendleton made a motion to adopt the changes concerning Sec. 2-32 (a), (b) and (c) (1), as proposed by the City Manager, which was seconded by Councilman Wilbur. Upon roll call the motion CARRIED 3-0. (e) Manner of calling special meetings - There was a brief discussion regarding adding the City Manager to the list of those entitled to call a special meeting. Councilman Pendleton made a motion to add the City Manager to those allowed to call a special meeting. Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 3-0. (5) Civil Defense Organization - The City Manager commented that Chapter 8 names the Mayor as Civil Defense Director ,in the event of a national disaster. He proposed a change in Chapter 8 for day-to-day business to give the City Manager or Council the right to appoint a Civil Defense Director. Councilman Wilbur made a motion to authorize the City Attorney draw up an o~dinance to provide that the City Council shall appoint a Civil Defense Coordinator, which was seconded by Councilman Pendleton. Upon roll call the motion CARRIED 3-0. (6) Office Space Problem - It was stated that the Mayor should not have privileges that are not offered to the entire Council, therefore the large office should be turned over to the City Manager. Councilman Wilbur made a motion to turn the large office over to the City Manager, the City Clerk return to her previous office and let the Conference Room be utilized by the Council to review their papers. Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 3-0. (7) Appointment to VLOM - It was stated that the Mayor is the present representative and also the representative for VCOG. Councilman Wilbur made a motion to have the City Attorn~y draw up a resolution appointing Councilman Pendleton as the representative to VLOM. Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 3-0. Councilman Pendleton and Councilman Lodico commented they felt the City Manager was doing a good job and requested cooperation from everyone concerned. The City Attorney said he was confident that all actions taken did conform under the requirements of the Florida Constitution and the Municipal Home Rule Powers Act. ADJOURN Councilman Pendleton made a motion to adjourn, which was seconded by Councilman Wilbur. The meeting was adjourned. Special Council Meeting 6/25/81 -3- ~ .. f~ . . . . ~ t..) Minutes submitted by: Patsy L. McCann Xt?.. (" ~AJ!. '. ~ (f)::~ t, ~p~p: ~ Co ~llman :;Jh/!~~ ~ ouncllman ~ ~ ATTEST: _.,,.u~U' " ~ ~ ~.'I ." "I N",,"I,. t t\jt Ur~J/ . ~/bzr' City C erk /- y~ APPROVED THIS if DAY OF ;JULY, 1981. d~~ ".,,~:.... ~ .'..~~ .' ~.:-, Mayor ..... d .'<' . !;; .;.. ~ :,.' ".,.1 Special Council Meeting 6/25/81 -4-