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04-20-1981 - Regular '" u (.) CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING April 20, 1981 CALL TO ORDER Mayor Robert H. Christy called the Regular Meeting of the City Council of the City of Edgewater to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor Robert H. Christy Councilman Jacob Lodico Councilman David C. Ledbetter Councilman Wilbert Pendleton Councilman John T. Wilbur City Attorney Clay Henderson City Clerk Nancy F. Blazi Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION Rev. Boggs of the Edgewater United Methodist Church gave the invocation. SALUTE TO FLAG APPROVAL OF MINUTES (1) Councilman Lodico made a motion to approve the minutes of the public hearing and regular meeting of April 6, 1981, which was seconded by Councilman Pendleton. Upon rollcall the motion CARRIED 5-0. (2) Councilman Wilbur made a motion to approve the minutes of the special meeting of April 8, 1981, which was seconded by Councilman Ledbetter. Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS (3) Councilman Ledbetter made a motion to approve the bills and accounts for payment, which was seconded by Councilman Wilbur. Upon roll call the motion CARRIED 5-0. Mayor Christy requested the COuncil permission to move the discussion on the Boy Scout clubhouse site to this point of the agenda from Old Business. The Council had no objection. (23) Mayor Christy requested the interested Scoutmasters explain their need for a clubhouse for the Scouts. Scoutmaster George Landis of Troop 406 and Tom Wiley of Troop 425 stated the number of members in their groups and their need for a permanent meeting place. There was a discussion regarding the leasing of bhe land in question and the building of the scouthouse. It was stated the building would be done by donations. '-> Q Residents of the surrounding area, Ms. Hauch, Ms. Murdock and Ms. Ormsby stated their objections to the possible noise and traffic congestion that could result from the building of the scouthouse in a residential area. Councilman Wilbur made a motion to instruct the City Attorney to prepare the necessary documents for the lease (Lots 2793 thru 2796 of Block 124, Florida Shores No.4), which was seconded by Councilman Pendleton. Upon roll call the motion CARRIED 5-0. I-B-l Mayor Christy read a Proclamation proclaiming April 20, 1981 as Scoutmaster Hintzen's'Day. He commended the Scoutmaster on his excellent achievement record. OFFICERS REPORTS, BOARDS & COMMITTEES (4) The City Clerk read a letter from the Merit Board recommending Council approval of the newly proposed Merit Systems Ordinance 81-0-16. Mr. Vandergrifft, Chairman of the Merit Board, answered questions from the Council concerning the proposed ordinance. There was a discussion concerning changing Section 5(c) and Section 5 (d) .: The City Attorney read Ordinance 81-0-16 for the first reading. AN ORDINANCE SETTING UP A MERIT SYSTEM FOR THE CITY OF EDGEWATER, FLORIDA, AND PROVIDING FOR A DECLARATION OF PERSONNEL POLICY; PROVIDING FOR COVERAGE FOR CITY EMPLOYEES; PROVIDING FOR ORGAN- IZATION FOR PERSONNEL ADMINISTRATION; PROVIDING FOR REMOVAL OF MEMBERS OF THE MERIT BOARD; PROVIDING FOR A PERSONNEL OFFICER; PROVIDING FOR ADOPTION OF RULES AND REGULATIONS; PROVIDING FOR AMENDllliNTS OF RULES AND REGULATIONS; PROVIDING FOR APPOINTMENTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HERE- WITH CODIFYING SAME AT CHAPTER 13, CODE OF ORDINANCES, AND PROVIDING AN EFFECTIVE DATE. Councilman Wilbur made a motion to accept the Ordinance 81-0-16 with the corrections as noted by Council. Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Pendleton made a motion to amend Section 5(c) of the ordinance by adding "by and with approval of Council". Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Wilbur made a motion to amend Section 5(d) of the ordinance by changing personnel "office" to personnel "system". Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney stated the Employee Manual could be discussed at this time however could not be adopted until the ordinance was adopted on a second reading. Councilman Ledbetter made a motion to table the Employee Manual until th~ next Council meeting May 4, 1981. Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 5-0. Council Meeting 4/20/81 -2- o o (5) The City Clerk read a letter from the Zoning P1anning Board recommending the following site plan approval: Hermosa Palms - Councilman Wilbur made a motion to accept the Zoning Planning Board recommendation to approve the site plans conditioned upon the Legal Department receiving the proper documents. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The Outpost - Councilman Lodico made a motion to accept the Zoning Planning Board recommendation to approve the site plans conditioned upon satisfying the Legal Department. Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 5-0. The City Attorney stated for the record the new Zoning Planning Board members were doing an outstanding job. (6) The City Clerk brought the Council up-to-date concerning the following: Uniforms - an estimate of approximately $3,400 for five shirts each for approximately 40 employees. Councilman Ledbetter made a motion to table the request and Councilman Lodico seconded the motion. Upon roll call the motion CARRIED 3-2. Councilmen Pendleton and Wilbur voted NO. City Manager Interviews - as discussed at the April 13th workshop, a workshop was set for April 23rd at 2:00 P.M. for personal interviews of the applicants for City Manager. Shuffleboard Repair - the City Clerk reminded the Council the Shuffleboard Club had requested $750 towards the court repair and that most of the members do reside in Edgewater. Councilman Lodico made a motion to spend $750 from the Parks and Maintenance budget toward the shuffleboard court repair, which was seconded by Councilman Ledbetter. Upon roll call the motion CARRIED 5-0. (7) The Mayor presented a letter from the Department of Transportation requesting designation of someone to sign documents authorizing temporary State road closings. Councilman Ledbetter made a motion to authorize Mayor Christy to sign Form No. 751-18, which was seconded by Councilman Pendleton. Upon roll call the motion CARRIED 5-0. The City Attorney read Resolution 81-R-45 prepared for this authoriza- tion. A RESOLUTION AUTHORIZING AN OFFICER OF THE CITY OF EDGEWATER, FLORIDA TO EXECUTE CERTAIN DOCUMENTS FOR THE DEPARTMENT OF TRANSPOR- TATION OF THE STATE OF FLORIDA, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Pendleton made a motion to adopt the resolution and Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Council Meeting 4/20/81 -3- o (J 2-A-l (8) The City Clerk read a report on the proposed County zoning case for a special exception for a dog kennel adjacent to the Edgewater City limits. Mayor Christy stated he had attended the meeting and presented a recap of his recommendation ,that the ,request forthe';kennelbedenied. Mr. Kennedy answered questions by the Council on the proposed site. The City Attorney reminded the Council that they could not take any action on the matter because it was under the County zoning jurisdiction:,. however they could make recommendations. Councilman Pendleton made a motion to send the Council's recommendations to the County Zoning Board, which was seconded by Councilman Lodico. Upon roll call the motion CARRIED 5-0. The Council authorized the City Clerk to write a letter to the County stating their recommendation that the proposed site be denied. (9) The City Clerk read a letter from the Mayor regarding joining the Small Cities Advisory Council. Councilman Ledbetter made a motion to pass up the request and Councilman Lodico seconded the motion. Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO. Councilman Lodico - Public Works Coordinator Councilman Lodico read a letter from Mr. Osban stating he would no longer allow anyone to use his transfer station. Mayor Christy questioned the collection of the money owed by Mr. Osban for franchise fees from 1975. The City Attorney stated he wrote a letter to Mr. Osban regarding the collection of the fees and perhaps they could work out an agreement for exchange of some land for a new well site. Councilman Wilbur made a motion to authorize the City Attorney and City Clerk to contact the new owners of the transfer station and work out a new franchise agreement. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Lodico presented the Council with specifications on the newly proposed tractor mower as a matter of information. Councilman Ledbetter - Public Safety Coordinator - None Councilman Pendleton - Administration/Library Coordinator - None Councilman Wilbur - Public Utilities Coordinator - None City Attorney Clay Henderson 2-B-l Mr. Henderson stated his opinion on appropriating money from the budget for the hiring of a new City Manager. He said this could be done like the last time a City Manager was hired, passing an ordinance creating the position and empowering the City to pay the monies from the budget, then amend the budget to reappropriate the funds from the Comprehensive Planning Department to cover the salary. City Clerk Nancy F. Blazi Mrs. Blazi .requested the Council set a meeting time to discuss the Fire Department insurance. Council Meeting 4/20/81 -4- Q o The Council set a special meeting for Monday, April 27, 1981 at 7:00 P.M. to discuss the Fire Department insurance. Mayor Robert H. Christy Mayor Christy stated the 72 hour notice for a trailer removal to Mr. and Mrs. Rule had not been adhered to and the trailer was still at the site. The City Clerk said the people had moved out of the trailer'and it was only being used as storage. The City Attorney recommended this matter be brought before the Code Enforcement Board when it has been established. The Council took no further action. The Mayor brought to the Council's attention the fact that there had been a farm tractor using water from a City fire hydrant. The Council took no action. The Mayor read a letter concerning election eltgibility. requirements. He recommended residency requirement? and primary candidates could be placed on the general election ballot. Councilman Pendleton made a motion to table this matter until the May 4, 1981 meeting, which was seconded by Councilman Wilbur. Upon roll call the motion CARRIED 5-0. Mayor Christy reported that the Garden Club is abusing the use of the Community Center for their meetings. Councilman Wilbur made a motion to instruct the City Clerk write a letter to the Garden Club to be more considerate of the other people using the Community Center, which was seconded by Councilman Ledbetter. Upon roll call the motion CARRIED 5-0. COMMUNICATIONS (10) The City Clerk read a Horne Occupational License request from Charles Klein, 114 Orange Avenue, for the sale of gold and silver. It was stated Ordinance 80-0-81 must be strictly complied with concerning the sale and purchase of gold, silver and precious metals. Mr. Klein stated there would be no soliciting or storage of any products at his home. Police Chief Baugh was questioned concerning the reports and inspections necessary to conduct business in gold and silver. Councilman Pendleton made a motion to deny the license request, which was seconded by Councilman Ledbetter. Upon roll call the motion CARRIED 5-0. (11) The City Clerk read a Horne Occupational License request from Steve Gruber, 128 Riverview, for tree trimming. Mr. Gruber answered questions from the Council concerning his proposed business. The Council inquired what Mr. Gruber planned to do with the trimmings and he stated he had planned to pay the City for removal of these.since he did not have a truck to dispose of them. 3-A-l Councilman Ledbetter made a motion to deny the request for the license and Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 5-0. Council Meeting 4/20/81 -5- Q Q The Council indicated to Mr. Gruber he could reapply for a license when he had obtained a method of disposing the trimmings. (12) The City Clerk read a petition from the Friendly Shores Mobile Home Park concerning their objections on the garbage fees. Since the Council had adopted Ordinance 81-0-12 there was no action taken by the Council, however the City Clerk was instructed to write the people a letter informing them of the ordinance. (13) The City Clerk read a request from Frank Opal to address the Council concerning allegations against him at a previous meeting. Mr. Opal stated the Council had denied him his right to be a member of the Board of Adjustments because of the Mayor's slanderous remarks claiming he had been paid to harass the Mayor at meetings. Mayor Christy noted Mr. Opal had gone beyond the three minute time limit for speaking and asked Mr. Opal to be seated. Councilman Lodico made a motion to allow Mr. Opal to continue to speak, which was seconded by Councilman Pendleton. Mr. Opal requested the Council act in good faith and vindicate him concerning the allegations. There was no action taken by the Council. (13a) The City Clerk read a letter from Roger Muzzy requesting the Council put shell on the streets in Florida Shores. A bond issue for the repair of the streets and a long range program for this repair was discussed. Councilman Pendleton made a recommendation to have a workshop:dn May 6, 1981 at 7:00 P.M. in the Community Center to discuss long range plans for paving Edgewater City streets. The audience was invited to attend the workshop and make suggestions for this project. The Council agreed to this workshop. (13b) The City Clerk was starting to read a letter from John Harris concerning the Building Official when Dan Holahan called a Point of Order, stating the letter was not proper to come before the Council. Mr. Holahan stated the part of the letter concerning the building code violations should be brought before the Building Code Board and the Building Official should have been given the right of due process to defend the accusations. There was further discussion concerning the letter and the City Attorney stated the letter was submitted under the proper procedures for appearing on the agenda, therefore the Council could take any action they wanted to. 3-B-l Councilman wilbur made a motion to deny the reading of the letter and send it to the Building Code Board of Adjustments for action. Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 3-2. Councilman Lodico and Councilman Ledbetter voted NO. Councilman Ledbetter made a motion to set a special meeting for Thursday, April 30th at 3:30 P.M. to review the Building Official's contract and procedures of his work. Councilman Lodico seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk was instructed to inform the Building Code Board of this meeting so they could make any recommendations or attend the meeting. Council Meeting 4/20/81 -6- Q ~ (13c) The City Clerk read a letter from Dan Holahan regarding Section 2-30(b) maintaining decorum at the Council meetings. There was no action taken by the Council. Mayor Christy called a short recess of the meeting. RESOLUTIONS The City Attorney stated three additional members were needed for the Industrial Development Board. Councilman Pendleton made a motion to add Douglas MoIster, Al Landry and Tom Sawyer as members of the Industrial Development Board and Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 5-0. (14) The City Attorney read Resolution 8l-R-38. A RESOLUTION APPOINTING THREE MEMBERS TO VACANCIES ON THE INDUSTRIAL DEVELOPMENT BOARD FOR THE CITY OF EDGEWATER, FLORIDA; FURTHER PROVID- ING FOR A TERM OF OFFICE FOR SAID APPOINTMENT; FURTHER PROVIDING THAT EACH SHALL SERVE AT THE PLEASURE OF THE CITY COUNCIL; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. Councilman Lodico made a motion to adopt the resolution as read and Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 5-0. (16) The City Attorney read Resolution 8l-R-42 by title only. As discussed at a workshop at 2:00 P.M. April 20th, Councilman Lodico made a motion to table the resolution concerning Code Enforce- ment Board members until May 4, 1981. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. (17) The City Attorney read Resolution 8l-R-43. A RESOLUTION APPOINTING REVEREND HARVEY HARDIN TO THE EMPLOYEE TRUST FUND BOARD AND REVEREND SAYER CANOVA TO THE POLICE RETIREMENT FUND BOARD FOR THE CITY OF EDGEWATER, FLORIDA, PROVIDING FOR A TERM OF OFFICE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Ledbetter made a.motion to adopt the resolution as read and Councilman Lodico seconded the motion. Upon roll call the motion CARRIED 5-0. (18) The City Attorney read Resolution 8l-R-44. A RESOLUTION APPOINTING JAMES CASSIOPPI TO THE STREET LIGHT CO~~ITTEE FOR THE CITY OF EDGEWATER, FLORIDA, FURTHER PROVIDING FOR A TERM OF OFFICE, REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Councilman Wilbur made a motion to adopt the resolution and Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 5-0. Council Meeting 4/20/81 -7- Q o. ORDINANCES (19) The City Attorney read Ordinance 81-0-15 for the first reading. AN ORDINANCE APPROPRIATING $65,000 IN FEDERAL REVENUE SHARING FUNDS FOR THE' FISCAL YEAR 1980-1981 IN THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion to adopt the ordinance as read and Councilman Wilbur seconded the motion. 4-A-l (20) The City Attorney read Ordinance 81-0-13 for the second time. Upon roll call the motion CARRIED 5-0. AN ORDINANCE AMENDING SECTION 900 OF THE ZONING ORDINANCE OF THE CITY OF ED,GEWATER, FLORIDA, TO INCREASE THE MEMBERSHIP ON THE BOARD OF ADJUSTMENTS FROM FIVE TO SEVEN MEMBERS, REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Mayor Christy opened the meeting for public participation. There were no comments from the audience. Councilman Pendleton made a motion to adopt the ordinance as read and Councilman Wilbur seconded the motion. Upon roll call the motion CARRIED 5-0. (15) The City Attorney stated :the Council should appoint two more members at this time for the two vacancies now on the Board. Councilman Wilbur made a motion to appoint Ken Millard and Everett Whetzel to the Board of Adjustments, which was seconded by Councilman Lodico. Upon roll call the motion CARRIED 5-0. The City Attorney read Resolution 81-R-41. A RESOLUTION APPOINTING TWO MEMBERS OF THE BOARD OF ADJUSTMENTS FOR THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE FOR SAID APPOINTMENT; PROVIDING FOR AN EFFECTIVE DATE, AND REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH. Councilman Lodico made a motion to adopt the resolution as read and Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 5-0. (21) The City Attorney read Ordinance 81-0-14 for the second time. AN ORDINANCE CREATING A TRUCK ROUTE IN THE CITY OF EDGEWATER, FLORIDA, EXTENDING THE LENGTH OF MANGO TREE DRIVE FROM PARK AVENUE TO 12TH STREET, WEST ON 12TH STREET TO WILLOW, SOUTH TO INDIANrRIVER BLVD. (SR-442): PROVIDING THAT SIGNS SHALL BE PLACED AT APPROPRIATE SPOTS ALONG MANGO TREE DRIVE, 12TH STREET AND WILLOW DESIGNATING THE TRUCK ROUTE; DESIGNATING THE INDIVIDUAL RESPONSIBLE FOR THE PLACEMENT OF SAID SIGNS; PROVIDING THAT THE SPEED LIMIT ALONG SAID TRUCK ROUTE SHALL NOT BE IN EXCESS OF THIRTY (30) MILES PER HOUR; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH SPECIFICALLY REPEALING ORDINANCE 79-0-22, AND PROVIDING AN EFFECTIVE DATE. Mayor Christy opened the meeting for public participation. Mr. Bloodworth, Mrs. Cody, Mr. Glaser, Mr. Flitz, Mr. Sanford, Mr. Prater and Mrs. Whittet spoke concerning the proposed route and their objections. Mayor Christy closed the public hearing. Council Meeting 4/20/81 -8- (.) (J There was further discussion by the Council concerning the proposed route change. 4-B-l Mr. Bill Phinney called a Point of Information and asked the City Attorney if it would be possible to adopt an emergency measure temporarily placing the truck route down Mango to Park Ave. as a matter of public health, safety and welfare. He stated this would take the truck route out of the residential area. The City Attorney stated it could be done if there were such a document to adopt. There were more comments concerning the feasibility of this route. Councilman wilbur made a motion to amend Ordinance 81-0-14 to read Mango to Park Avenue, ;'both East and West, to 14th Street North, and adopt on an emergency basis. Councilman Lodico seconded the motion. Mayor Christy opened a public hearing on the amended ordinance. Upon roll call the motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Councilman Wilbur made a motion to adopt Ordinance 81-0-14, as amended, which was seconded by Councilman Lodico. Upon roll call the motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Under New Business the City Attorney stated that Otdinance 81-0-14, as amended, did not have the proper vote to be adopted on an :emergency basis, therefore needed a second reading with due public notice. The City Attorney read Ordinance 81-0-14, as amended, for the first reading. AN ORDINANCE CREATING A TRUCK ROUTE IN THE CITY OF EDGEWATER, FLORIDA, EXTENDING THE LENGTH OF PARK AVENUE AND MANGO TREE DRIVE TO 14TH STREET; PROVIDING THAT SIGNS SHALL BE PLACED AT APPROPRIATE SPOTS ALONG MANGO TREE DRIVE AND PARK AVENUE DESIGNATING THE TRUCK ROUTE; DESIGNATING THE INDIVIDUAL RESPONSIBLE FOR THE PLACEMENT OF SAID SIGNS; PROVIDING THAT THE SPEED LIMIT ALONG SAID TRUCK ROUTE SHALL NOT BE IN EXCESS OF THIRTY (30) MILES PER HOUR; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH SPECIFICALLY REPEALING ORDINANCE 79-0-22, AND PROVIDING AN EFFECTIVE DATE. Councilman Wilbur made a motion to adopt the Ordinance, which was seconded by Councilman Pendleton. Upon roll call the motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. OLD BUSINESS (22) The City Clerk read the Board of Governors by-laws which were tabled from the April 6, 1981 meeting. Councilman Wilbur made a motion to adopt the by-laws and Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Council Meeting 4/20/81 -9- o Q (24) Auditors Contract Mayor Christy questioned the Council as to what action they wanted to take on the present auditors contract. Councilman Ledbetter made a motion to retain Brent Millikan as City Auditors. Councilman Wilbur seconded the motion. Upon roll call the motion DID NOT CARRY 2-3. Councilman Lodico, Councilman Pendleton and Mayor Christy voted NO. Councilman Lodico made a motion to hire May, Zima & Company as City Auditors and Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 3-2. Councilman Ledbetter and Councilman Wilbur voted NO. There was a brief discussion regarding the term of the contract. Councilman Lodico made a motion to hire May, Zima & Company for the audit term of 1980-1981. Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 4-1. Councilman Ledbetter voted NO. Brent Millikan stated his appreciation for working with the Council in the past and said their were no hard feelings concerning their decision. Mayor Christy requested the City Clerk write a letter of appreciation to Brent Millikan for the fine job his firm has done in the past. (25) Certification of Bids - VW Bus The City Clerk read a certification of bids received for selling the 1968 Volkswagon Van. Bids were received from the following: Scott Lindsey Don McCann $40.00 $50.00 (26) Award Bids Councilman Wilbur made a motion to accept the bid of $50.00 from Don McCann, which was seconded by Councilman Lodico. Upon roll call the motion CARRIED 5-0. NEW BUSINESS 5-A-l Police Chief Baugh questioned the Council concerning an ordinance to keep certain areas clear that were causing a health hazard or were unsightly. Councilman Wilbur made a motion to have the City Attorney prepare an ordinance to keep certain areas clear. Councilman Pendleton seconded the motion. Upon roll call the motion CARRIED 5-0. There was a brief discussion regarding a house at Mango and 12th Street not having enough building area. It was stated there had been a portion of the area vacated, there- fore there was enough building area. Council Meeting 4/20/81 -10- o o MISCELLANEOUS Frank Opal again asked the Council to act in good faith and vindicate him regarding the allegations of the Mayor at a previous meeting. There was a discussion regarding the responsibility of the Council concerning the Mayor1s accusations. The City Attorney stated the Chair had been given certain privileges to conduct a meeting as he sees fit. According to the charter, anytime the Council does not like the way he is running the meeting they can appeal the ruling of the Chair. He further stated that as to,'.whether the Council would be held vicariously liable for any "alleged slander by the Chair" it would be his "gut" feeling that it would be beyond the liability of the Council to be held responsible. Mr. Opal said that he wanted to point out that the Council is the only one that can reprimand the Mayor in any form by a motion. The City Attorney said Mr. Opal was correct. Mr. Opal stated he had seen an attorney and was not going to sue the City, he only wanted exonerated for the allegation that he had been paid $700 to harass the Mayor. Councilman Pendleton made a motion to vindicate Mr. Opal, which was seconded by Councilman Ledbetter. Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO. Mr. Opal continued, saying that he had written a letter to Judge Miller regarding his ruling in December, 1977 concerning a previous court case on violations and he is awaiting an answer. ADJOURN Councilman Wilbur made a motion to adjourn the meeting, which was seconded by Councilman Lodico. The meeting was adjourned. Minutes submitted by: Patsy L. McCann ATTEST: ~t~' APPROVED THIS t-f 5 DAY OF MAY, -1981. ffL Council Meeting 4/20/81 -11-