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02-17-1988 - Special o C) CITY COUNCIL OF EDGEWATER SPECIAL MEETING FEBRUARY 17, 1988, 6:30 P.M. MINUTES Mayor Baugh called the meeting to order at 6:34 P.M. in the Community Center. He stated the purpose was for three resolutions, 88-R-ll, 88-R-12, and 88-R-13. ROLL CALL Mayor Earl Baugh Councilman Louis Rotundo Councilman Russell Prater Councilman Neil Asting Present Present Excused Excused Councilman David Mitchum City Attorney Jose' Alvarez Acting City Clerk Wadsworth Chief Lawrence Schumaker Present Present Present Present Mayor Baugh stated there are only three Council members present and Mr. Tindell has asked to be recognized. Charles Tindell, Attorney for Public Employees Association, stated they have a legal problem, as in his research of the City Charter it indicates they're required to have an affirmative vote of three members. He pointed out the Mayor can't make or second a motion while presiding. He said since they don't have at least four Councilmen, he's asking that the meeting be continued until they have four as it relates to his client. Mayor Baugh asked if he wants to postpone it until they have more and Attorney Tindell replied they legally have to because they don't have enough people for a hearing. Mayor Baugh asked when Attorney Tindell would be back in town and Attorney Tindell replied the week of the 29th. Mayor Baugh asked that he let them know to set another date. Mayor Baugh advised the audience that he wanted to hear this case but he appreciates their point of view. A reporter in the audience said when they have three members sitting that's a quorum and they can make decisions with 2-1 votes, and asked if the Charter requires it be unanimous. City Attorney Alvarez replied that after reviewing the Charter, he found that Mr. Tindell is correct. Mayor Baugh apologized to the people that they can't continue the meeting, but the attorneys pointed out they need at least three affirmative votes on an issue. He noted that Councilman Asting's out of town and Councilman Prater's sister-in-law passed away. An unidentified lady in the audience stated that the right people knew there wouldn't be a meeting as the hall is almost empty. Mayor Baugh pointed out that Councilman Asting had requested in a memo regarding being out of town and he didn't know about Councilman Prater. Mayor Baugh requested a motion to adjourn this meeting and when they hear from Mr. Tindell, they'll reschedule the meeting to take up these resolutions, along with the request of Mr. Tindell. Frank Roe, 2732 Juniper Drive, asked if the water quality at Pelican Cove West is still an issue, and if it will come up in the case. Mayor Baugh replied that he's sure it will. City Attorney Alvarez pointed out that if this pertains to Mrs. Plaskett, they need to see if Attorney Tindell has an objection. Attorney Tindell asked if it has something to do with them and Mr. Roe replied, no, not necessarily. Mr. Roe asked if the quality of the water is okay and Mayor Baugh replied the quality is okay. Mayor Baugh asked Mr. Terry Wadsworth, Utilities Superintendent, who was in the audience, if he agrees and Mr. Wadsworth replied yes. Mr. Roe stated he's not against Mrs. Plaskett getting her job back, and asked if she's a member of the employees' union. Mel Wargo, from the audience, called a point or order, and stated they're continuing on with a meeting that's being adjourned. Mayor Baugh agreed. Mayor Baugh requested a motion to adjourn. Councilman Rotundo so moved. Councilman Mitchum seconded the motion. Meeting was adjourned at 6:42 P.M. Minutes submitted by: Lura Sue Koser NOTE: Page 2 is signature page only. o Q Minutes of City Council of Edgewater Special Meeting February 17, 1988, at 6:30 P.M. ATTEST: Ab~~ COUN7~; ~~ COUNCILMAN - ZONE FOUR ~ --cr Approved this 7 day of ~~~I- , 1986'_. Z~ MAYOR -F ~ ?1v ~~ -2- Council Special Meeting Minutes February 17, 1988