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10-11-1979 - Special ~ o (J CITY OF EDGEWATER CITY COUNCIL SPECIAL MEETING October 11, 1979 CALL TO ORDER Mayor Christy called the special meeting to order at 1 :04 P.M. in the Edgewater Community Center. Pursuant to Charter Regulations (Ordinance No. 994, Section 2). Mayor Christy said he was calling this Special Meeting of the City Council for the purpose of discussing only the moratorium on Mr, Berman's building permits. 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 Joseph Herget Police Chief Earl Baugh Present Present Excused Excused Present Present Present Present The City Clerk read the letters to the Building Official from the Council in reference to the moratorium for the application for building permits. r~r. ~Joods stated that ~1.r. Strasser, U1r. Berman's Attorney), was pre- sent and would like to speak to the Council. ~1 r. vi 0 0 d s' 't hen . s aid he doe s not t h ink t hat t his C 0 u n c i 1 can t a k e any considera~ion of any disrutes between Mr. Gregory and Mr. Berman. The purpose of this hearing is strictly on the moratorium that was voted on by the Council last Monday night imposing the moratorium on Mr. Berman, of Berman Construction Company. We have no jurisdiction in that matter at this time, the Circuit Court does. Mayor Christy introduced Mr. Pirtle of Florida Construction Board. Mr. Pirtle that in the Ordinance 941 this is the procedures that should be followed in any violation of contractors, there should either be a hearing before the Building Official, who might. take action, and then could be appealed before the Board of Adjustments & Appeals or the Board might hold a hearing, as I understand the ordinance. Unless there is some provision in the Charter for an appeals to be made to the Council why then the procedure would be to go to the Circuit Court. Mr. Woods said that ahy discrepancies should have been handled first through Mr. Murphy.s office and if he had found any discrepancies, he had the power to issue a stop work order at that time on any construction being done by Berman Const. Co. If Mr. Berman felt aggrieve by the..' decision of the Building Official then proper action would have been an appeal to the Building Code Board of Adjustments and Appeals, if he was not satisfied with the results there then he could correspond an action in the Circuit Court. It would be my decision, in this matter, that the proper procedure would have been to have Mr. Murphy present and Mr. Berman present before any moratorium was imposed, simply because the City may find itself in a lawsuit under Section 1983 of the United States Code for a violation of due process, now I would like to see that prevented and this is why I talked to the Mayor in order that we might try to straighten this matter out today. - 1 - \ ~ u Mayor Christy invited Mr. Strasser up to the microphone to speak before the Council. Mr. Strasser, a lawyer representing Mr. Berman requested that the Council rectify the action taken Monday night at the Council meeting. His client was not given proper notice, it was not an agenda item, and he has received adverse publicity. As Mr. Woods pointed out it is a violation of due process and Mr. Strasser demanded that the Council reverse the decision on the moratorium for building permits for Mr. Berman immediately. Councilman Asting said the motion made no mention of Mr. Gregory's house. Mr. Strasser said the motion was so general that it did not set forth any reasons for a moratorium and proper procedure was not followed. Mayor Christy told Mr. Strasser that he did not appreciate anyone appearing before the Council to make any demands that a simple request was sufficient. Mr. Strasser said that in view of the action taken by the Council against his client, that he would stand by his statement. Mr. Opal said that he knew that the decision Monday night was wrong. Mr. Witzig said that the house being built on Evergreen and Indian River Boulevard could possible be a Zoning Code violation. Mayor Christy said that that should be taken up with Mr. Murphy. Mr. Woods said that Mr. Murphy was the man in charge of issuing and follow- ing through with Building Permits. Mr. Murphy stated that absolutely no permilt has been issued yet. Councilman Asting asked Mr. Murphy if construction had been started yet? Mr. Murphy said some work has been done there but we have done no inspect- ions there is no permit. ~ Councilman Asting asked if construction had started with no permit being issued? Mr. Murphy said right. Mayor Christy asked how many other jobs have been done like that? Mr. Murphy said probably a lot. Mayor Christy asked if they had gotten their permits? Mr. Murphy said that if someone didn't call his attention to it, he would have no way of knowing. Mayor Christy recommended to the Council to lift the moratorium. Mr. Woods recommended that the moratorium be lifted and that Mr, Murphy handle the matter from here. Councilman Asting made a motion that the Council raise the moratorium against Berman Const. and turn the matter over to the Building Official. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 3-0. Councilman Rotundo made a motion to adjourn. Councilman Asttng seconded the motion. Meeting adjourned. Minutes submitted by Donna Prevatt - 2 - '\ . o Q . .., ~~ ~ r .1K~~ l:. S;~~_) Councilman Exc- )A~ flU .{.y Councilman . 7~ ( ATTEST: l!c~ Approved this~c2~day of October, 1979. - 3 -