05-27-1980 - Workshop
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CITY OF EDGEWATER
CITY COUNCIL WORKSHOP
May 27, 1980
Mayor Christy called the Workshop to order at 3:00 P.M. in Edgewater City
Hall.
ROLL CALL (
Mayor Robert H. Christy
Councilman Louis J. Rotundo
Councilman David C. Ledbetter
Councilman James H. Cameron
Councilman Neil J. Asting
City Attorney Judson Woods
City Clerk Joseph Herget
Police Chief Earl Baugh
Present
Excused
Excused
Present
Present
Absent (Arrived late*)
Present
Present
Mayor Christy: Gentlemen, we do not have a quorum so I call this meeting
adjourned. That's all there is to it. We do not have a quorum.
Councilman Asting: We have three members.
Mayor Christy: No, Sir, we do not.
Councilman Asting: One, two, three.
Mayor Christy: One, two is all that is here. According to the City
Charter Section 20 it takes three Yea votes. I won't discuss it.
Councilman Asting: The City Attorney ruled on that.
Mayor Christy: That is all, the meeting is over with.
Mayor Christy left the meeting.
*The City Attorney arrived at this point.
Mr. Woods: What is the matter?
Councilman Asting: The Mayor declared that there wasn't a quorum present
and walked out of the meeting.
John Gross: What is the legality of that?
Councilman Asting: I don't know.
(A discussion from the audience concerning an answer on this from the
City Attorney. Two or three people talked at the same time, individual
questions not clear on tape)
Question: There were three members here, which is a quorum, according to
your rules so that the remaining members can call a meeting to order if
one of them leaves?
Mr. Woods: I won't make any comments. It looks like you
to have a meeting.
are not going
Councilman Asting: This is a Workshop.
Mr. Woods: This is a Workshop meeting but you still have to have a
quorum and Mayor Christy walked out.
Councilman Cameron: There is a majority of a quorum here, isn't there
Counselor? Can't we continue with this meeting?
Mr. Woods: I don't know.
(Mr. Kith, Brent, Millikan, representative arrived at the workshop.)
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Mr. Herget: We hope we didn1t waste your time.
Councilman Asting: This Workshop was to discuss a very important project
that the City is faced with and that is the repair of the sewer line
on Riverside Drive which is two thirds blocked with sand and silt.
r"'r. Woods: Mr. Kish, you had a written report, didn't you?
Mr. Kish: We just have a small report regarding the disposition, basically
based upon what you had in your notes.
Mr. Herget: Do you want to go along with this workshop?
Mr. Woods: You had a quorum present, right?
Councilman Asting: Yes, we did.
Mr. Woods: I would say go ahead with the meeting since it is just a
Workshop meeting anyway.
Councilman Asting: Of course, in a Workshop, no decision can be made.
Mr. Woods: Put on the recorder.
Secretary: It has not been turned off.
Mr. Woods: Okay, make a note that he left and there was a quorum present.
Secretary: Before he left or after?
Mr. Woods: When you called the meeting to order, I understand that
there was a quorum present. There will be no action taken at this
meeting.
Councilman Asting: Mr. Woods, I have a question I would like to ask you
regarding this, would this constitute non-feasance?
Mr. Woods: I wou1dn1t want to say right now, Mr. Asting.
Councilman Asting: Well, shall 1...
Mr. Woods: I hate to see this kind of thing happen, disregarding the
important business of the City.
Councilman Asting: Yes, I do too.
t~ r. Woo d s : T a kin g u p my t i me, Mr. ~1 i 11 i k a n I s fir m s t i mea n d a 11 the s e
other people.
Mr. Kish: We didn't send a copy of this report to the City because of
the time element. I will pass copies out now.
Councilman Asting: At the last Council meeting we ha~ the Council voted
unanimously to hold this Workshop. The purpose of thlS Workshop was
to discuss the ways and means to repair the sewer on Riverside Drive.
The Mayor voted to attend this Workshop.
Councilman Asting continued to explain the possible means of obtaining
the money for the repairs of the sewer. They have asked Mr. Kish and
Mr. Woods to be present at this Workshop so that they can rule on the
legality of using the Repair and Replacement Funds for this purpose.
Mr. Kish said they had reviewed Ordinance 400 and the other two
resolutions with the FHA series bonds. Accounting-wise they could not
see any potential problems in using the reserve money.
Councilman Asting said that was the Renewal and Replacement Fund.
Mr. K ish told the Council that the i1 B r e riI t Mill! i k a n firm is not engaged
in the practice of law so they did want to be sure there were no legal
restrictions. They forwarded a copy of their report to the City Attorney.
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Mr. Woods said that due to the wording in the covenants regarding the
Renewal and Replacement Fund which states it shall be used by the City
upon appropriate justification and resolution only for the purpose of
paying the cost of unusual and extraordinary maintenance, repairs,
renewals and replacements not included in the annual budget or current
expenses. The Council could at its next regular meeting, if it so
desires, direct that a resolution be prepared to use whatever funds are
necessary to repair the sewer system on Riverside Drive. We have been
told that it is in a sad state of repair. The City could be involved
in a number of law suits should the sewer system back up into the homes
there.
Councilman Asting said that was why the Council wanted this meeting today.
He had also requested that the Mayor call a Special Meeting right after
this Workshop so the Council could authorize the City Clerk to go out for
bids. Every day that we lose brings us nearer to disaster on Riverside
Drive.
(Change to tape 2)
Mr. Kish said that the money could be available around June 18, 1980.
Councilman Asting said that they could not take action at the Workshop.
He had requested the Mayor to call a Special Meeting and he refused to
do so.
Mr. Bosse, Supervisor of Wastewater Dept., read a copy of the report
he had sent to Mr. Asting regarding the situation on Riverside Drive
and the condition of the sewers in that area.
(The Councilmen had received copies of this report.)
Councilman Asting also read a letter from Fldttda DER stating that
this condition was serious and should be repaired without delay.
He also read a letter from Briley, Wild concerning their conduct of a
visual inspection of the sewer line on Riverside Drive. The line
revealed an excessive amount of sand and grit in the system. They
recommend that the system be thoroughly cleaned .and visually inspected.
It is not possible for Edgewater to use their own employees so we will
have to go out for bids.
Mr. Woods said that seemed to cover the problem and they should proceed
to the other items on the agenda.
Councilman Asting said that they were going to discuss the comments on
the Comprehensive Plan that have been sent to us by other agencies.
Mr. Hurley, City Planner, read the written comments that the City has
received on the proposed Comprehensive Plan.
After a brief discussion about the various comments, the Council
considered the possibility of a joint meeting with the Planning Board
to review these comments and reply to them.
Mr. Hurley reminded the Council that they had 30 days to respond to
these comments. He would try to set up a meeting with the Planning Board.
He had received word from the Department of Community Affairs offering
some assistance in possibly revising this plan. He does not feel any
action should be taken on this until the Planning Board and Council
have had an opportunity to review these comments.
The workshop was' adjourned.
Minutes submitted by:
Nancy Blazi
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