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01-08-1979 - Regular -t o u t CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING January 8,1979 Mayor Christy called the regular meeting of the City Council to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman David C. Ledbetter Councilman Walter B. Sikes Councilman Neil J. Asting City Attorney Judson Woods City Clerk John Wharton Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION Before the Invocation, Mayor Christy said that the Council had been saddened by the deaths of two of Edgewater's more active citizens, David Wiggins, a former Councilman and member of the Zoning Board and Jerry Fenske, former member of the Board of Adjustments. He extended the sympathies of the Council to the families of these men. SALUTE"TO FLAG APPROVAL OF MINUTES Councilman Ledbetter made a motion that the Council approve the minutes of the December 18 Regular Meeting and the December 28 Special Meeting. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Rotundo asked if the May, Zima bill was for two different bills. Mr. Vodenicker, May, Zima,said that they were splitting the cost between the General Fund and the Water/Wastewater Fund. Mayor Christy called for a roll call, but no motion had been made. Councilman Rotundo made a motion that the Council authorize the bills for payment. Councilman Ledbetter seconded the motion. Councilman Ledbetter said that some of the Briley, Wild bills were against the Water Dept. and some of them were for Pelican Cove Subdivision. Does the City assume payments for consultations on subdivisions or does that go back to the owner? Mayor Christy said he did not know. Councilman Asting said that eight of these bills were incurred before the new Council started. They go back to January, May, July, August and three in October and one in early November of last year. Councilman Ledbetter said there were about $6,668.89 worth of bills from Briley, Wild. Councilman Asting said that some of these bills were approved for payment but payment was never made. o o \ , Councilman Sikes said that our engineers have to examine the plans for subdivisions and report whether or not they meet the requirements of our ordinances and zoning. We do owe the bill for Pelican Cove. The way these bills are lumped together, he could not approve any payment at this point except the Layne Atlantic Contract. There is a bill he has asked to see and several of the agencies have denied it, but the bill is for $927.51 for sewage treatment plant piping revisions to revert back to the trickling filter. Briley, Wild had indicated at one time and so did Mr. Hunnicutt (DER) that they had not had approval to convert the plant back to the old System to take care of the problems we were having. They are billing us for this and we should see the plans. There is $927. in one bill that is lumped together in one bill and there is another $400. item totaling about $1300. for preparing plans that Don Kuyk had mentioned because we were having so much trouble with the Cantex unit that they were having to go back to the old method of treating the waste- water. Briley, Wild said they had no authorization to do that and if so, why are they billing us for it. Bill Cross, Briley, Wild, said that in regards to the repiping of the sewer plant, BWA called Mr. Bostwick of the DER after receiving a letter from Don Kuyk which had a sketch of how the system should be put back into the old mode. The DER said that they could accept that on a temporary basis. Briley, Wild disagreed with Mr. Kuyk on some of his revisions Briley, Wild was in the process of designing something that could be used in case the Cantex plant went down. There was a long discussion about the sewer plant primarily in regard to the Cantex unit that has still not been fixed properly. Mr. Cross said that they had contacted McMahan Co. to get them to contact the subcontractor to fix this unit. The plan that BWA designed can be used to go back to the trickling operation on a temporary basis. He has showed the plans to Mr. James Murphy and Mr. Asting. Councilman Sikes said that nothing has been done to correct the faulty unit at the sewer plant. Mr. Cross said that they had contacted McMahan,as recently as this past week, to again request that the subcontractor fix this unit. Mr. Woods reminded the Council of a meeting with Briley, Wild and McMahan and Councilman Dietz and Mr. Kuyk. At this meeting, McMahan promised to get the subcontractor to get this unit fixed. We have not accepted that plant. They have not been paid $10,000. and if that money isn't sufficient, there is a performance bond which the City can go against. Mayor Christy called for a vote on the motion to pay the bills. Upon roll call the motion CARRIED 3-2. Mayor Christy and Councilman Sikes voted NO. Councilman Asting made a motion that the Council Attorney to write to McMahan requesting that the the Cantex unit be effected as soon as possible. seconded the motion. authorize the City repairs needed to Councilman Rotundo Upon roll call the motion CARRIED 5-0. May, Zima Presentation Mr. John Vodenicker of May, Zima Co. presented the Auditor's Report. Copies of the report were given to the Council. Mr. Vodenicker read parts of the Report on Internal Control and Management Comments. Some aspects of this report were discussed by the Council. Councilman Asting made a motion that the funds in the cash pool, ear~ marked for the sinking fund account, be transferred from the pool to a separate pass book account and that reputable and sound banking 2 " o o institutions be contacted on interest rates on this account. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Mr. Wharton asked about changing the Garbage Fund now that the City will not be contracting this service. Mr. Vodenicker said you would leave the same fund. It is a matter of amending your budget for the refuse collection. It does not matter if you are contracting out or using your own force. It is still a service. The revenues are still being charged and should be going into that same fund. You amend the line item that is c6ntractural services now and chanq~, it to personal services, supplies and capital outlay. - Councilman Sikes said that he believes we have about $44,000. in that item now. Can we continue, as income com~~ ;~in, to deposit to that fund account and at the same time write any expense against that fund? Mr. Vodenicker said that would follow under an emergency ordinance without going through a public hearing. Mr. Woods said that if the accountants feel an ordinance is required and that we could not operate under the present set up for the collection and disbursement of the garbage fund then the City would have to pass an ordinance under the circumstances that have arisen in the City concerning the trash collection. We could enact an emergency ordinance on behalf of the City. ~here was also a discussion about thevacation and sick pay contingency commitment. Mr. Wharton said that this contingency commitment is up to $30,995.00. We might now be hit with a draw on this at anyone period but we could be and that period would be charged with something that was not appropriated for. Also vacation and sick pay that has been deferred would now have to be paid at a higher rate, Mr. Vodenicker said that this was an accumulation of all the employees of the City. As of September 30, 1978 we got this information from the payroll clerk and it is a matter of getting the number of days each individual employee had and figure out this liability at their pay rate. It does change every month. This is not an extraordinary liability at this point, it probably would not ever come due all at one time. Councilman Ledbetter made a motion that the Council accept the auditor's report. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk will report back to the Council concerning the Management Comments made by the auditors before sending the audit to the Auditor General. Mayor Christy called a ten minute recess. BRILEY, WILD REPORT Mr. Bill Cross said that Briley, Wild is recommending that the City approve a change order to the Water Treatment Plant in the amount of $55,746.00 to add a re-carbonation unit to the Plant. When the Plant was originally designed in 1975, the re-carbonation unit was not included in the plan. In September of 1977, there was some additional redesign of the plant in order to cut costs. There was discussion, at that time, not to add the re-carbonation unit to the Plant because it was thouqht that a heavier dose of chlorine or some sort of polyphosphates would be sufficient. Experience has shown that this would not work. Mr. Kuyk stated in a letter to Mr. Dietz that re-carbonation equipment will be 3 . . o o designed by Briley, Wild to operate in conjunction with the Plant to lower Ph and stabilize water before filtration. It was originally thought that Ph could be sufficiently lowered by Cl 2 and if necessary tied up with polyphosphates. however since we are now confronted with possible THM ncl, I aaree that re-carbonation is the only viable alternative to lower Ph and hence obtain stabilization. Mr. Dietz and Mr. Kuyk directed Briley, Wild to design the re-carbonation unit, and Briley, Wild submitted the design to the contractor which resulted in the oroposal for the $55,746.00 additional cost. ' . Councilman Sikes asked who had directed Briley, Wild to re-engineer and include this in the contract. Mr. Cross: Mr. Dietz sometime in October! Councilman Sikes asked if this is a recommendation of Briley, Wild. Mr. Cross said it was a recommendation of Briley, Wild. Councilman Sikes asked if we really needed this unit to get good clean water? Mr. Cross said that he believed we did. The Port Orange plant was designed without re-carbonation and they tried to operate without it and they have since had to add it to the plant at a considerable expense. Former Councilmen Jake Lodico and Jack Bevel spoke to the Council concerning the time when this plant was being considered and that Briley, Wild had assured the Council, at that time, that the water plant, as designed, would give us the best water. The Council continued discussing this request and the ways of finding the extra money, if the Council approves this addition. Councilman Asting made a motion that the Council table this request to see what we can come up with from Farmer's Home Administration in the way of extra financing for this project. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Mr. Cross also mentioned to the Council a request from McMahan and Co. for a thirty day extension on the contract. Councilman Sikes made a motion that the Council authorize the Mayor and City Clerk to have a conference with the City Attorney to see that this will not in any way jeopardize our contract and if the Attorney so advises, we will extend the contract thirty days. Councilman Rotundo seconded the motion. Councilman Asting said the Council should take into consideration that Layne Atlantic has not pressed us for the payment of a 15% charge on overdue bills. Mr. Woods suggested that the Council take action this evening. Councilman Sikes withdrew his motion and Councilman Rotundo withdrew his second. Councilman Sikes made a motion that the Council extend the contract with Layne Atlantic for thirty days to finish the work at the Water Plant. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. 4 " o COMMUNICATIONS The City Clerk read a letter from Mrs. Vera Steponkus commending the Police Department. The letter specifically mentioned the dispatcher, Ruth, and Officer McCall. This was for Council information only. The City Clerk read a letter from the County Manager acknowledging receipt of the Resolution of intent of the City of Edgewater to enter into an inter~local agreement with the County of Volusia for solid waste disposal and resource recovery. This was for Council information~ The City Clerk read a letter from Briley, Wild and Assoc. requesting that the City advertise for bids to replace the pumps in Pumping Station No.6. Councilman Rotundo made a motion that the Council authorize the City Clerk to go out for bids for replacement of the pumps at Lift Station No.6 to increase the pump capacity from 55 GPM to 75 GPM. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0: The bids will be back at City Hall by February 2, 1979 and will be opened at the February 5, 1979 Council Meeting. The City Clerk read a letter from Briley, Wild & Assoc. regarding the nee e s sit Y 0 f h a v i n g a C 1 ass II B II wa t e r t rea t men t p 1 ant 0 per at 0 r at the time the new plant is put- into operation. Councilman Asting said that at the present time we have two men who are eligible to take the test for Class IIBII oDerator the first part of February. He has been assured that" the DER will allow a short period following the opening of the new plant to get these men certified. The City Clerk read a letter from the City Attorney to Vasallo, Inc. statin~ that the Vasallo Co. was awarded a bid for pipe on Oct. 24, 1978 and that the City still has not received this order. If the order is not received~by Jan. 10, 1979, the purchase order will be canceled and we will award the bid on the pipe to the next lowest bidder. This will be held until the next Council meeting, if action on this is necessary. The City Clerk read a letter from the Office of State Attorney regarding the request for an investigation into a particular episode in the City and requesting legal opinions. The State Attorney's office said that their primary function is to investigate and prosecute criminal charges. There was no criminal activity involved in this episode. The Edgewater City Attorney has provided the Council with a legal opinion as specified in Article IV Section 40 of the Charter Laws of the City of Edgewater. Councilman Asting read a statement regarding the legal opinion that was given by the City Attorney. A copy of this statement is attached to the minutes of this meeting. The City Clerk read a letter from the Edaewater Public School regarding a proposed citizenship project: The students of the sixth grade will elect a Mayor, Police Chief and Councilmen and they would like to spend a day at City Hall. Councilman Ledbetter made a motion that the Council accept this proposal and give it their full support. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk will notify the School and the PTA. The City Clerk read a letter from the City Attorney to Mr. Robert Fuller concerning property that Mr. Fuller had conveyed a quit- claim deed to. The Attorney advised Mr. Fuller that the Council had voted to maintain this property and not convey it back to Mr. Full er. 5 o o Mayor Christy said that Mr. Fuller is still trying to get this land back. Mr. Woods reminded the Council that we cannot legally give this back to Mr. Fuller. If the Citv were to abandon this area it would have to go back to adjacent property owners. Mayor Christy asked the City Clerk to write to Mr. Fuller and state the Council's position on this property. The Council agreed with this request. COORDINATORS REPORTS Councilman Rotundo said that he had talked with the new members of the County Council concerning the Fire District for Edgewater. This matter will be discussed soon and we should have some good results. Councilman Ledbetter said that the St. Department needs more culvert material. They have been told the price will be going up and he wants the Council to authorize the purchase of this material while we can still get it at a good price. He made motion that the Council authorize the Street Department to buy the necessary pipe material for culvert installation. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. . Councilman Ledbetter made a motion that the Council authorize the Street Department to repair the north side of Snyder St., this would be a six to eight foot strip. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Ledbetter said that we have some bids on Mockingbird Lane paving. The City original contracted to do this work and perhaps we should consider subcontracting out the job. Councilman Sikes said we should return the money we got and let the subdivision take care of its own paving. Mayor Christy said that we could subcontract this out and still make some money for the City. The Council agreed to table this for further study. Councilman Ledbetter said that the men Dicking up the garbage need foul weather gear because they have to work outside in all kinds of bad weather. We could issue them to the individual men and they would sign for it and be responsible for their own gear. Mayor Christy remarked about the fine job the employees in the Street Dept. have done this past week especially during the emergency situation when we took over the garbage collection. Councilman Asting made a motion that the Council should send a letter of commendation to the employees at the Street Dept. for the excellent job they did. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5~O. Councilman Asting made a motion that the Council authorize the Street Dept. to purchase safety colored rain gear to use in the inclement weather. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Sikes had no report to make at this time. Councilman Asting asked the City Attorney what the status was on the ordinance to prevent the dumping of harmful wastes into the sewer system and also the Finck property right of way for the sewer line? Mr. Woods said that he was working on the ordinance and had been trying to reach Mr. Finck. Mr. Finck was supposed to call back tomorrow. 6 o o City Attorney Woods said that he and Chief Baugh had talked with the attorney for Tomoka Refuse concerninq the mutual disolvement of the contract. Mr. Woods asked Chief Bauah to bring the Council up to date on the progress they have made. ~ Chief Baugh said that the City wants to aet out of the contract. We have fined Tomoka $1000. for Wednesday and Thursdav (Dec. 29 and 30) wh!ch was the two days that they didn't pick up in the City. On Frlday and Saturday (Dec. 30 and 31) our crews picked up. The City had paid Tomoka for those two days. Barbara gave him the payroll' cost of $473.76 which covered the labor for the City men to pick up the garbage on those two days. Chief Baugh recommends that the City return the bond to Tomoka Refuse, we are also holding $3418. from the trailer parks which we agreed to pay to Tomoka approximately a year ago. If we subtract the $473.76 from the $3418. it leaves a balance of $2944.24. It is his recommendation that we return this amount and the bond to Tomoka to end the contract. Mayor Christy said that he thinks more consideration should be given to what this changeover has cost the City. Mr. Woods said that this would be agreeable to Tomoka according to their attorney but if the City wants to litigate this we can stay in court for a year or two. Councilman Sikes said that the garbage fund had over $14,000. more than we had paid Tomoka. If we go into court we can spend $3,000. just in attorney fees and delays. He made the motion that the Council accept the Chief's recommendation and return the bond and pay Tomoka the $2,944.24 to end the contract. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy said that we needed a net across the top of the handball court. He will get estimates on the cost and report back to the Council next week. RESOLUTIONS None ORDINANCES The City Attorney gave the second reading (title only) of Ordinanc~ 78~O-5. AN ORDINANCE REPEALING SECTION 403.00 OF ARTICLE IV OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, PERTAINING TO THE DISCONTINUANCE OF NON-CONFORMING USES OF LAND AND BUILDINGS, REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Rotundo made a motion that the Council adopt this ordinance. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Mr. William Glaser asked what the purpose of changing the amortization schedule was? Mr. Woods said that this was discussed by the Zoning Board at a number of their meetings. It was to leave all existing buildings and land and the uses thereof in their present status quo. They cannot be expanded upon as of the date of the passage of this ordinance. Mr. Glaser said that if you have an area that is a non-conforming use like industrial uses in a residential zone. Some of this area was rezoned in 1974 so that the owners could make a profit off the land and now they can stay non-forming as long as they want. Mayor Christy said the specific reason for this ordinance was for mobile home parks but it pertains, of course, to other properties. OLD BUSINESS The City Clerk read the Certificate of Bids for the rescue vehicle for E.V.E.R. ~ I o Q The City received bids from Miller Meteor, Excellance, Inc., and Starline. The City Clerk opened the bid from Excellance, Inc. It stated that the company appreciated being notified of the bids but they"would not be able to make a bid at this time. Miller Meteor placed a bid for a 1978 Dodge B-300 Maxi-Van that meets the specifications set by the City, The price was $14,897. Starline placed a bid for a 1978 Chev. U-30 Van that meets the specifications set by the City. The price was $15,956. Councilman Sikes made a motion that the Council refer these bids to Jack Bevel, Pres. of E.V.E,R. and Councilman Rotundo, Coordinator for Rescue to study and report back to the Council. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Date for PBA Councilman Asting made a motion that the Council set Januarv 16, 1979 at 7:00 P.M. for the date of the next PBA negotiations.- Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Hospitalization Insurance Councilman Asting made a motion that the Council authorize the City Clerk to continue the - hosoitalization insurance policy with Prudential that is presentiy in effect. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. MISCELLANEOUS Mr. Frank Opal spoke to the Council concerning the charges that had been brought against him for disrupting a Council meeting. He stated that he was "found not guilty. He objected to the fact that he was denied the request for a point of order at that Council meeting. Mrs. Opal told the Council she felt they should apologize to her husband. Mr. Ben Vasquez, New Smyrna Beach, stated that he was a property owner in the City of Edgewater and he asked the Mayor why he did not recognize him twice this evening. He further stated that he had spent the day at the State Attorney's office and that as soon as he gets through with his business there: !! I am going to work on you. That is not a threat, that is a promise.!! Mr. Vasquez continued by saying that it was an insult to the people of Edgewater when the Mayor declined to recognize people who wished to speak at Council hearings. ~Councilman Ledbetter said that he had heard from the owner of Triangle Co. and he needs some written binder to assure a two- year contract with the City in order to purchase the extra equipment that will be necessary to handle the garbage for the City. Mr. Woods said that the Council could write a letter of intent to enter into a contract, as soon as our present contract is terminated. Councilman Sikes asRed if we could do this before our contract is terminated? Mr. Woods said that for all purposes the action tonight has in effect terminated the contract with Tomoka Refuse. He will advise their attorney and prepare the necessary documents. Councilman Sikes made a motion that the Council authorize the City Attorney to prepare i\contract with Triangle for two years to transport the garbage for $2.30jcu. yd. The contract will be adjusted at such time the Tomoka Landfill increased its rates. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. 8 o o The City Clerk and the Mayor are authorized to sign this contract. NE\~ BUSINESS The Council was presented with a request for a Home Occupational License for Harold's Repair. Councilman Asting made a motion that this request be held until the Council has received recommendations from the Zoning and Planninq Board on the criteria for Home Occuoational licenses. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Asting asked if a person has a Home Occupational license can they get a homestead exemption? Mr. Woods said that he would assume they would be, He will check into this and give the Council an answer. Mayor Christy announced a Special Meeting of the Edgewater Zoning Board. Councilman Asting made a motion to adjourn. Councilman Ledbetter seconded the motion. The meeting was adjourned. Minutes submitted by: Nancy Blazi ATTEST: ~~ C(t;' Cl erk 7lA~ Councilm n Approved this (...J day of January, 1979. ~ '-- " - / -.-<"<,', ~Mayor . 9 jP-' ~ Zt0- {/ ~ ~ o P.EDARDING LEGAL OPINION o JANUARY 8, 1979. THE LEGAL OPINION DELIVERED TO EOOEWATER COUNCIL MEMBERS DATED NOVlliBER 29, 1978, BY THE CITY ATTORNEY INTENTIONALLY OR OTHERWISE COlA.PLETELY IGNORES THE DETAILS OF THE ACTIONS CONCERNING THE HIRING OF THE SECURITY GUARD ON OR ABOUT SEPT. 21, 1978. A CHRONOLOGICAL LISTING OF EVENTS LEADING UP TO THE HIRING OF THE HAWVER AGENCY FOLLOWS: IN AN INTERVIEW GRANTED TO PAT LAMEE, SENTINEL STAR REPORTER (NOV. 15m), MAYOR C~STY IS QUOTED AS SAYING, THE NIGHT OF THE FIRE. BOMBING, I DISCUSSED THE NEED FOR GUARDS WITH POLICE CHIEF (EARL) BAUGH AND DETECTIVE BILL RICKELMAN. OUR DISCUSSION WAS HELD IN THE PRESENCE OF COUNCIL MEMBE,qS DIETZ, LOUIS ROTUNDO AND BERNARD SIKES. lNE AGREED TO HAVE OUR OWN POLICE DEPT. KEEP \-lATCH FDR DIETZ'S PROTECTION. NOTE THE WORDS "WE AGREED TO HAVE OUR O\m POLICE DEPT. KEEP lNATCH." DURING THE ABOVE INTE~VIEW MAYOR CHRISTY FURTHER STATED THAT HE DID NOT KNOW OF THE HIRING OF HA\oJ'VER GUARDS UNTIL AFTER THE PRIVATE PATROL TOOK OVER DUTIES AT DIETZ'S HOME. COUNCILMAN ROTUNDO (TtlEN AND NOW COORDINATOR FOR PUBLIC SAFETY DID NOT KNOW AOOUT THE HIRING UNTIL AFTER IT VIAS DONE. IN AI..J ARTICLE PRINTED IN THE NEl-JS-OBSERVER DATED ABOUT OCTOBER 1, 1978, CHRISTY IS REPORTED TO HAVE SAID HE ASKED BLACKWELL TO FIND OUT IF IT WOULD COST LESS TO HAVE A SECURITY AGENCY HANDLE THE SURVEILLENCE INSTEAD OF CITY POLICE. (PLEASE NOTE HE DID NOT TELL HER TO HIRE A SECURITY AGENCY). THE ARTICLE CONTINUES: THE CITY CLERK CONFERRED WITH THE POLICE CHIEF, FOUND THAT IT WOULD BE CHEAPER TO GO WITH A SECURITY AGENCY AND SHE AUTHORIZED TrIAT AN AREA AGE,~CY HANDLE THE SURVEILLENCE, CHRISTY SAID. BLACKWELL CONFIRMED CHRISTY STATEHENT AND IS QUOTED AS SAYING, "NO HEMBER OF THE COUNCIL AUTHORIZED IT. IT WAS NOT BASED ON A RECO}fME!lJ1)ATION FROM ANY COUNCIL MEr.fEER". I OJNTEND THAT THE HIRING OF A PRIVATE AGENCY BY THE CITY CLERK TO HANDLE TilE SURVEILLENCE "i-JAS ILLEGAL AND A VIOLATION OF ARTICLE IV SECTION 32, EDGE'WATER CODE AND CHARTER LAWS SINCE IT RELIEVED THE E00E1:lATER POLICE FORCE FROM PERFORMING A TASK ASSIGNED TO IT BY COUNCIL DECISION. THIS ACT HAS DONE BEFORE THE COUNCIL 1iAS INFORMED. THE CITY OF EDGE'WAT&~ PAYS FOR A POLICE FORCE THAT IS SUPPOSED TO BE ABLE TO PROTECT ITS CITIZENS AND I BELIEVE IT IS ABLE TO DO SO. I CAN SEE NO NEED TO EXPEND PUBLIC FUNDS TO EMPLOY A LESSER ORGANIZATION TO DO THIS. IF THIS YiATTER IS ALLOWED TO STAND IT COULD ESTABLISH:.A. PRES CEDENT WHEREBY A CITY CLE,qK COULD VOID A COUNCIL DECISION BEFORE GETTING ITS :APP~VA1. IN VIEW OF THE OPINION RENDERED BY OUR CITY ATTORNEY AND THE ASSISTANT STATES ATTORNEY COMMENT, THAT THE PiUHARY FUNCTION OF HIS OFFICE IS TO INVESTIGATE AND PROSECUTE CRIMINAL ACTIVITY, (NO ACTION TO BE TAKEN BY HIM), THE.~E IS NO ALTERNATIVE BUT FOR THE PEOPLE OF EDGE\-lATER TO ENGAGE AN ATTORNEY, IF THEY SO DESIRE, AND TAKE THE HATTER TO COURT, IF THEY WISH TO RECOVER THE PUBLI C FUNDS THAT HERE EXPENDED IN THE AMOUNT OF $1024.00. -)~'6)~~~. NEIL V ASTING Y COill..JCIIMAN . _.~ ~ -G~.' ~~ ;r /97 J , ~~ I I ''t.. <I.... .. . . . .' - . , . . o r.IDARDING LEXJAL OPINION o JANUARY 8, 1979. THE LEXJAL OPINION DELIVERED TO EOOEWATER COUNCIL MEMBERS DATED NOVlliBER 29, 1978, BY THE CITY ATTORNEY INTENTIONALLY OR OTHERWISE OOf'A.PLETELY IGNORES THE DETAILS OF THE ACTIONS OONCERNING THE HIRING OF THE SIDJRITY GUARD ON OR ABOUT SEPT. 21, 1978. A ClffiONOLOGICAL LISTING OF EVENTS LEADING UP TO THE HIRING OF THE HAWVER AGENCY FOLLOWS : IN AN INTERVIEW GRANTED TO PAT LAMEE, SENTINEL STAR REPORTER (NOV. 15m), MAYOR c:-mrSTY IS QUOTED AS SAYING, THE NIGHT OF TtlE FIRE..BOMBING, I DISCUSSED THE NEED FOR GUARDS WITH POLICE CHIEF (EARL) BAUGH AND DETECTIVE BILL RICKELMAN. OUR DISCUSSION WAS HELD IN THE PRESENCE OF COUNCIL MEMBERS DIETZ, LOUIS ROTUNDO AND BERNARD SIKES. WE AGREED TO HAVE OUR OWN POLICE DEPT. KEEP'vATCH FDR DIETZ'S PROTECTION. NOTE THE WORDS "WE AGREED TO HAVE OUR OWN POLICE DEPT. KEEP WATCH." DURING THE ABOVE INTE~VIEW MAYOR ClffiISTY FURTHER STATED THAT HE DID NOT KNOW OF THE HIRING OF HAHVER GUARDS UNTIL AFTER THE PRIVATE PATROL TOOK OVER DUTIES AT DIETZ'S HOME. . COUNCILMAN ROTUNDO (THEN AND NOW COORDINATOR FOR PUBLIC SAFETY DID NOT KNOW AOOUT TIlE HIRING UNTIL AFTER IT WAS DONE. IN .AN ARTICLE PRINTED IN THE NE\vS-OBSERVER DATED ABOUT OCTOBER 1, 1978 ,CHRISTY IS REPORTED :TO HAVE SAID -HE ASKED BLACKWELL TO FIND OUT IF IT WOULD COST LESS TO HAVE A SECURITY AGENDY HANDLE THESURVEILLENCEINSTEAD OF CITY POLICE. .(PLEASENOTE.HE _ DID -NOT TELL HER TO HIRE A SECURITY AGENCY). - THE ARTICLE CONTINUES: THE CITY CLERK CONFER?.ED WITH THE POLICE CHIEF, FOUND THAT IT WOULD BE CHEAPER TO GO WITH A SECURITY AGENCY AND SHE AUTHORIZED TtIAT AN AREA AGENCY HANDLE. THE SURVEILLENCE, CHRISTY SAID. BLACKWELL CONFIRMED CHRISTY STATEHENT AND IS QUOTED -AS SAYING, "NO MEMBER OF THE OOUNCIL AUTHORIZED IT. IT WAS NOT BASED ON A RECOHMENDATION FROM ANY COUNCIL MEl1BER". I CONTEND THAT THE-HIRING OF A PRIVATEnAGENCY. BY THE' CITY- CLERK TO -HANDLE TIfE SURVEILLENCE .WAS ILLEnAL AND A VIOLATION OF ARTICLE IV SECTION 32, - EOOEWATER CODE .AND -CHARTER LAWS 'SINCE IT RELIEVED'THE EOOE\'lATER_roLICE FORCE FROM PERFORMING A TASK_ ASSIGNED TO IT BY COUNCIL -DECISION. THIS -ACTHA$1X)NE l3EFORE' THE-OOUNCIL WAS INFORMED. THE CITY OF EOOEWATER PAYS FOR A POLICE FORCE THAT IS SUPPOSED TO BE ABLE TO PROTECT ITS -CITIZENS -AND I BELIEVE IT IS ABLE TO DO SO. I CAN SEE NO NEED TO EXPEND PUBLIC FUNDS TO EMPLOY A LESSER ORGANIZATION TO DO THIS. IF THIS }'.i.ATTER IS ALLOWED TO STAND.IT COULD ESTABLISH:,A~P.RESCE.DENT WHEREBY..A-CITY._ CLERK COULD--VOID -'A- COUNCIL DECISION BEFORE GETTING ITS -:APEBOVAL. IN VIEW OF THE OPINION RENDERED BY OUR CITY ATTORNEY AND THE ASSISTANT STATES ATTORNEY COMMENT, THAT THE PiITMARY FUNCTION OF HIS OFFICE IS TO INVESTIGATE .AND PROSECUTE CRIMINAL- ACTIVITY, (NO ACTION TO BE TAKEN BY HIM), THERE IS NO ALTERNATIVE BUT FOR THE PEOPLE OF EOOE\vATER TO ENGAGE AN AT-TORNEY, IF THEY SO.DESIRE, _.AND TAKE THE MATTER TO COURT, IF THEY WISH TO RECOVER THE PUBLIC FUNDS THAT }!ERE EXPENDED IN THE AMOUNT OF $1024.00. --J~6)~~~. NEIL eJ ASTINGY COUNCIlMAN . ~ ~ -t;;;~. ~~ ~ /97 j , ~1- f l .... <1-.. ..' ; . I'