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10-05-1970 - Regular tr U o C) THE CITY COUNCIL OF THE CITY OF EDGEWATER REGULAR MEETING HELD OCTOBER 5, 1970 o The Regular meeting of the City Council of the City of Edgewater, Florida, was called to order by Vice Mayor Jacob Lodico, in the absence of the Mayor, at 7:30 P.M. Monday, October 5, 1970. ROLL CALL Mayor v.lilliam H. Cairnie "\lice Mayor Jacob Lodico Councilman David C. Ledbetter Councilman General Fugate Councilman Calvin R. Dietz City Attorney Charles A. Hall City Clerk Elsie L. Ward Deputy Clerk Connie Kinsey Police Chief Clyde W. Heath APPROVAL OF MINUTES Absent Present Present Present Present Present Present Present Present A motion was d~ made by Councilman Dietz and seconded by Councilman Ledbetter for approval of the minutes of the Regular Meeting of September 21, 1970. Upon roll call vote, said motion CARRIED. BILLS AND ACCOUNTS GENERAL GOVERNMENT South Florida Natural Gas Engel's Taylor Bros. Motorola Communications & Electronics Southern Bell City of Edgewater~aterworks & Sewer System Robert G. Howard Mus sons W & W Janitorial Service Biscayne Fire Equipment Inc. Xerox Board of County Commissioners Basic Asphalt Corp. Standard Oil Co. Atlantic Machine Works Nieburger Chevrolet Co. Edgewater Motors Watkins Ford Co. Brevard Tractor Co., Inc. Charles A. Hall Florida Power & Light WATER & SEWER DEPARTMENTS City of Edgewater-Waterworks & Sewer Edgewater Mfg. Co. Motorola Communications & Electronics Multiplex Mfg. Co. Atlantic Machine Works Hughes Supply, Inc. Dema, Inc. All State Pipe Supply Co., Inc. Florida Power & Light Co. 50.78 250.05 15.00 49.50 28.08 10.70 250.00 7.80 62.00 492.30 40.00 32.80 67.45 890.01 30.50 40.88 6.50 126.97 498.00 97 . 50 201.23 $3,248.05 12.00 4.50 5.00 63.05 34.00 310.90 319.42 40.27 148.16 $937.30 6 o o o BILLS AND ACCOUNTS. CONT. Councilman Dietz duly moved for p~ent of said bills and accounts, said motion being seconded by Councilman Ledbetter. Upon roll call vote, said motion CARRIED. OFFICERS REPORTS Certification of Posting The Officers Report stated above was read by City Clerk, Elsie L. Ward. COMMUNICATIONS A letter from L. Ragin, owner of The Bair's Den, requesting a street light be installed near the parking lot was read by City Clerk. Councilman Ledbetter duly moved to turn the matter over to Councilman Lodico for his recommendation as the property in question was in his Zone. Said motion was seconded by Councilman Fugate and upon roll call vote, said motion CARRIED. A petition, signed by residents on Palmetto Street, requesting the Council to take steps to correct the drainage condition existing to their property which has been caused by the paving of the Winn-Dixie parking lot and the water coming from the gutters on the shopping center building, was read by City Clerk. Vice Mayor Lodico stated that all the Council, had at one time or other, in- spected this area and knew the situation. COlll1cilman Fugate stated, that in his opinion, it should be engineered to properly correct the drainage problem. Councilman Dietz duly moved to table the matter for further study. Said motion was seconded by COlll1cilman Ledbetter and upon roll call vote CARRIED. A letter from the Edgewater Chamber of Commerce regarding a rumor that the City was going to sell some Riverside property was read by City Clerk. They urged the City to develop any property along Riverside Drive into rest areas for the residents to enjoy. Vice Mayor Lodico stated the area in question was in the 300 and 400 block on North Ri verside Drive and that after we had received two requests from residents to purchase the City property across from their homes, the COlll1cil instructed the City Attorney to proceed in bringing the abstract up to date to see just what property the City does own along the river. Councilman Ledbetter stated, however, that the City has no intentions of selling any property. Vice M~or Lodico stated there was not further action needed on the letter from the Chamber. ORDINANCES ORDINANCE NO. 667 AN ORDINANCE SETTING A TENTATIVE BUDGET AND APPROPRIATING REVENUES TO BE COLLECTED FOR THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, FOR THE FISCAL YEAR BEGINNING NOVEMBER 1, 1970 AND ENDING OCTOBER 31, 1971, TO THE VARIOUS ITEMS OF THE CITY BUDGET. This was the second reading of the Ordinance stated above and was read by City Attorney Charles Hall. There being no questions, Councilman Dietz duly moved for adoption of the Tentative Budget, seconded by Councilman Fugate and upon roll call vote, said motion CARRIED. ORDINANCE NO. 668 AN ORDINANCE APPROPRIATING REVENUE TO BE COLLECTED FOR THE WATERWORKS AND SEWER SYSTEM OF THE CITY OF EDGEWATER, FLORIDA, FOR THE FISCAL YEAR BEGINNING NOVEEBBR 1, 1970, and ENDING OCTOBER 31, 1971, TO THE VARIOUS ITEMS OF THE WATERWORKS AND SEWER SYTEM BUDGET. -2- 6 o o o ORDINANCES. CONT. There being no questions on the first reading of the Tentative budget, Council- man Dietz duly moved for adoption of the budget for the fiscal year, 11/1/70 to 11/1/71, said motion being seconded by Councilman Fugate. Upon roll call vote, said motion CARRIED. Second reading of the vlater and Sewer System tentative budget would be heard at the Regular meeting to be held on October 19, 1970. ORDINANCE NO. 669 AN ORDINANCE TERMINATING THE EMPLOYMENT OF ALVIN H. SHIPPEE BY THE CITY OF EDGEWATER, FLORIDA AND SETTING FORTH AN EFFECTIVE DATE. The Ordinance stated above was read by City Attorney Charles Hall. Before the reading of the above Ordinance , Vice l-fayor Lodico stepped down and requested Councilman Fugate to assume the duties of Acting Mayor. Councilman Lodico duly moved for adoption of said Ordinance, seconded by Council- man Dietz. Acting Mayor Fugate asked for questions on the motion. Judge Matthews speaking on behalf of Mr. Shippee stated there was no charge made against Mr. Shippee for his discharge as he was not charged with insubordination, malfuncation of his duties, malfeasance, misfeansance or non-feasance which is contrary to State Statues and asked that a specific charge be made against Mr. Shippee. His concern was not whether Mr. Shippee remained as an employee of the City of Edgewater but whether he received his pay and the law will control that. He asked that the Council be very careful in the adoption of this Ordinance and he also asked that a specific charge be made when you fire someone who has been hired by Ordinance and that you refer the matter to your Council. Councilman Dietz. I would like to refer this to our Attorney for an answer. Attorney Hall. I am not aware of any State Statue that required you to make a specific charge regarding an employee and there is nothing in our Charter and nothing in the State Statues that requires a reason, except in case of an officer, then charges would have to be made under 165.18. Legally, if a municipality wants to fire an employee without a specific charge, they can do so. If they want to have a public hearing is a matter of opinion, perhaps they should. Judge Matthews. This does not apply to Mr. Shippee as he was not an employee as such, he was hired as a Department Head, hired by Ordinance, reappointed by Or- dinance a year ago and therefore must be terminated by Ordinance. This "fiasco" appears to me to be more of a conflict of personalities between Mr. Shippee and Mr. Lodico. Councilman Lodico refuted this statement but Attorney Hall asked that Judge Matthews be allowed to continue since he had the floor. Judge Matthews then produced a paper and asked Councilman Lodico where the form came from. Councilman Dietz asked if all the Council could see what form was referred to and then stated the form was printed in City Hall but was filled out by Mr. Shippee or the party in charge. Judge Matthews then asked Councilman Lodico if that was the form that was complained about in the meeting. Councilman Lodico. There were no complain~s, I didn't get that far as that was when Mr. Shippee threatened to punch me in the face. I had other complaints that I wanted the Council to hear about at the hearing. Councilman Ledbetter. This was not a hearing. It was to be a get-together of the Council, Mayor and Mr. Shippee concerning the Department. -3- 6 o o o Judge Matthews. When were the notices of this meeting sent out and Councilman Ledbetter advised that the Mayor was to notif,y Mr. Shippee to come to the Mayor's office at 1 :00 P.M. the next day. This decision was made at a work shop meeting held on Thursday. Judge Matthews then asked what type notices were sent out for a Council meeting and was advised that this was not a regular Council meeting, that all Councilmen and the Mayor were present and that the doors were wide open. Judge Matthews stated if that was the situation he had nothing further to say. Acting Mayor Fugate asked if anyone else had any comments to make. Jenkins - South Riverside Drive. Asked how long some of the Council members had been on the Council, then further stated that he couldn't understand how they could take their few years of service against a man who had served as Street Superintendent for fourteen years and felt that the Council should not only give him more help but also a raise for putting up with such a Council. Hallwood - Lake Street. thought the Council should be commended for standing up for the City as he had tried for several months to get some work done on his street but to no avail. V. Oyler - South Riverside Drive. I have known Mr. Shippee for about 20 years and he is a very good man and I would believe him in any statements he has made. I have known his work for the full time and he has been very good, better than I could say about some of the Council. Councilman Lodico. I would like to say a few words,on nf1' behalf, since this is rrr:r Department. I notified Mr. Shippee five years ago and again at the beginning of this term to keep the equipment in repairs, he had a free hand and I would back him up. Yet I find the trash truck not repaired after he had the okay to make the repairs more than six months ago. His own truck was in need of a clutch at least a month ago and yet he had not repaired it. The drag line has been broken down for weeks, the parts were found under the bench. Daily work sheets were not being properly filled out. In one instance the report showed only one man working eight hours in putting in a culvert at a new house on India Palm when actually there were seven men with a total of 21 hours along with the use of the back hoe and grader. The hours spent on repairing the dragline were not recorded on the daily work sheet when there were three men for three days, besides rrryself, making the repairs. I have also asked Mr. Shippee to keep records on each piece of equipment, showing when and what work was done, cost involved, etc. This has not been done. MY complaint is that it was negligence on Mr. Shippee's part that equipment was-not properly taken care of. Judge Matthews. This situation has turned on a completely different eccentric at this point. Who was at that meeting on Friday when Mr. Shippee was fired? Acting Mayor Fugate. Mr. Shippee was not fired. I was the one who asked to have Mr. Shippee come in, and all agreed, to see if these things couldn't be ironed out. COln1cilman Dietz. The meeting was to try to get Mr. Shippee to do the work outlined by Councilman Lodico. Keep records on equipment, records of time spent on different jobs, lubrication of equipment. All these things he had asked him to do many times before. Unfortunately the Mayor had precluded this situation and advised Mr. Shippee that they were going to fire him, therefore Mr. Shippee came in with a chip on his shoulder. We tried to Ie ep things quiet, tried to help both when all of a sudden Mr. Shippee said "don't call me a liar." I still don't know what they were referr- ing to but I said, nI'm sorry, but as far as I'm concerned, you are fired. That is grounds for insubordination, however, we cannot fire you, we will hcrve to suspend you. Judge Matthews. Gentlemen, the thing that I am concerned about in particular is this form which I'll pass around and I want you to tell me how much information you can put on this order, that is when the equipment was lubricated, oil changed, etc. -4- v o (.) If U If Councilman Ledbetter. This is not the form we have reference to. It is a maintenance and repair sheet. Last year the Auditor asked the City Clerk to have a sheet set up on all equipment and that is one of the things Mr. Lodico asked Mr. Shippee to do. Acting Mayor Fugate also confirmed that Mr. Lodico had asked for a file on each piece of equipment. JUDGE Matthews. I'm not here to start a fight, I'm here to keep this man from being mistreated. I would ask the City Clerk if she has such a maintenance form and was advised that Mr. Lodico had gotten some forms when he was Councilman before. Councilman Lodico. I furnished him with files and cards five years ago and had asked him then to keep a separate sheet on each piece of equipment. Three weeks ago I asked again and on Friday I also asked him again and he replied he had not had time. We only have seventeen pieces of equipment and the time to make up these records shouldn't take more than thirty minutes. Acting Mayor Fugate. Things are getting out of hand, this is not a trial and we must move along. Judge Matthews asked for a little more time and continued to say that we were now talking about a form that he knew nothing about and asked when Mr. Shippee was furnished these forms. Councilman Lodico advised he had obtained job cards from the Gulf Oil Company five years ago. These cards would show any work that was done. Is a very simple form that anyone can fill out. Judge Matthews. I don't think this man has been uncooperative. He apparently has been a loyal employee and trustworthy and suddenly he is being termed ''lousy. It If he is insubordinate, if he does not take orders, you have a different situation but a man who after fourteen years of service doesn't just suddenly become worth- less. Acting Mayor Fugate. This has gone on long enough and asked if there was anyone else to speak. Doug Cole. It seems to me, instead of firing the man with seventeen pieces of equipment to keep track of, he should have a bookkeeper. He can't service equip- ment and look after business too. Acting Mayor Fugate said Mr. Shippee wasn't expected to service the equipment but was expected to keep the records of when the work was done. Acting Mavor Fugate. The motion has been made and seconded, I'm now asking for the Roll Call. Motion carried and the roll call vote was as follows: Councilman Lodico Councilman Ledbetter Councilman Dietz Acting Mayor Fugate Yea Yea Yea Yea A motion to waive the second reading of said Ordinance was made by Councilman Lodico, seconded by Councilman Dietz and by roll call vote CARRIED. Acting Mayor Fugate relinquished the chair and Vice Mayor Lodico proceeded with the meeting. RESOLUTIONS RESOLUTION NO. 350. A RESOLUTION APPOINTING DORIS ROUSH TO THE BOARD OF GOVERNORS OF THE COMMUNITY CENTER OF THE CITY OF EDGEWATER, FLORIDA, SETTING FORTH HER TENURE AND PROVID- ING FOR AN EFFECTIVE DATE. The Resolution stated above was read by City Attorney Charles :JIall. Councilman Dietz duly moved for adoption of said Resolution, said resolution being seconded by Councilman Fugate. Upon roll call vote, said motion CARRIED. RESOLUTION NO. 351. A RESOLUTION ACCEPTING THE RESIGNATION OF LINDA REYNOLDS AS DEPUTY CITY CLERK FOR THE CITY OF EDGl!.WATER, VOL USIA COUNTY, FLORIDA AND TERMINATING HER EHPLOY- MENT EFFECTIVE SEPTEMBER 30, 1970. -5-) 6 o o u RESOLUTIONS CONT. The Resolution stated above was read by City Attorney Charles Hall. Councilman Fugate duly moved for adoption of said Reso~ution! said motion being seconded by Councilman Dietz. Upon roll call vote, sa1d mot10n CARRIED. RESOLUTION NO. 352 A RESOLUTION APPOINTING AND DESIGNATING CORNELIA ANN KINSEY AS DEPUTY CITY CLERK FOR THE CITY OF EDGEVlATER, VOLUSIA COUNTY, FLORIDA AND SETTING FORl'H HER DUTIES, COMPENSATION AND EFFECTIVE DATE. The Resolution stated above was read by City Attorney Charles Hall. Councilman Ledbetter duly moved for adoption of said Resolution, said motion being seconded by Councilman Fugate. Upon roll call vote, said motion CARRIED. RESOLUTION NO. 353 A RESOLUTION HIRING AND EMPLOYING PERCY KELLY BY THE CITY OF EDGEWATER, FLORIDA, SETTING FORTH HIS RATE OF COMPENSATION AND PROVIDING FOR AN INCREASE IN COMPEN- SATION WHEN SAID EMPLOYEE HAS OBTAINED AND FURNISHED TO THE CITY HIS LICENSE OR CERl'IFICATE ISSUED BY THE STATE OF FLORIDA AS A SEWER PLANT OPERATOR, CUSS C, AND PROVIDING AN EFFECTIVE DATE THEREFOR. The RescUution:stated above was read by City Attorney Charles Hall. Councilman Dietz duly ~ed for adoption of said Resolution, said motion being seconded by CouncilmanFugate. Upon question of the motion, Mr. Bebbington asked what qualifications this maQ had and Councilman Dietz said Mr. Kelley had been a sewer plant operator for Eastern State Hospital, Williamsburg, Virginia, a licensed pipe line operator. He doesn't have a Class C operator's license but is going to school to obtain one. Mr. Bebbington also asked why Ohrwll or Cooper, who are now employed in the Sewer plant, weren't given the opportunity to go to school to get their Class C license. Councilman Dietz said it was the recommendation of the en- gineers that a younger man be employed and trained to get a Class C operator's license. Upon roll callvote said motion CARRIED. RESOLUTION NO. 354 A RESOLUTION DECLARING THE CANDIDATES FOR THE OFFICE OF COUNCILMAN FOR ZONE (4) IN THE CITY OF EDGEWATER, VOLUSIA COUNTY, F1.0RIDA, TO BE NOMINATED AT A PRIMARY ELECTION TO BE HELD OCTOBER 20, 1970. SAID CANDIDATES TO BE VOTED ON CITY WIDE AND PROVIDING FOR THE PREPARATION AND PRINTING OF BALLOTS FOR SAID ELECTION. Councilman Ledbetter duly moved for adoption of said Resolution, said motion being seconded by Councilman Fugate. Upon roll call vote, said motion CARRIED. Since all of the Candidates were in the audience, Vice M~or Lodico asked that they stand so the people could know them. Mr. Bebbington announced that the Chamber of Commerce was planning a Candidates Night, Frid~, October 16 at 7:30 P.M. in the Community Center and extended an invitation to ever,yone. RESOLUTION NO. 355 A RESOLUTION APPOINTING AN ELECTION CLERK, INSPECTORS AND A SPECIAL OFFICER FOR THE BRIMARY CITY ELECTION TO BE HELD IN THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA OCTOBER 20, A.D., 1970. The Resolution stated above was read by City Attorney Charles Hall. -6- 6 o o u . , RESOLUTIONS CON'T Councilman Fugate d~ moved for adoption of said Resolution, said motion being seconded by Councilman Ledbetter. Upon roll call vote, said motion CARRIED . OLD BUSINESS Certification of bids received for paving the area around the shuffleboard courts and the continuation of the Seawall on the south side of the Park and Pier was read by City Clerk, Elsie L. vlard. Sealed bids were opened by the City Clerk. Bids were read as follows: FOR PAVING: Fellows Construction Co., Daytona Beach, Florida, $2.30 per square yard or approximately $3.220.00. FOR CONTINUATION OF SEAWALL: Halifax Dock & Bulkhead Co., Port Orarige, Fla. 1. 200 L.F. 2. 180 L.F. 3. 380 L.F. $21.95 21.95 20.95 $4,390.00 3,951.00 "1,961.00 Councilman Dietz duly moved to accept the bid of Fellows Construction Co. for the paving. Said motion was seconded by Councilman Ledbetter and upon roll call vote CARRIED. Attorney Hall was instructed to draw up.a contract between the City and Fellows Construction Company and a Special meeting of the Council to be called for 9:30 A.M. October 8 to formally accept the bid for the paving and to authorize the Mayor, or in his abse~ce the Vice Mayor, and the City Clerk to sign the agreement or contract with Fellows Construction Company. A motion was duly made by Councilman Fugate, seconded by Councilman Dietz to table for further study the bid received on the continuation of the seawall. NEW BUSINESS A motion was duly made by Councilman Dietz to advertise for bids for the re- modeling of the interior of City Hall in order to provide more and better work- ing areas for all departments. Plans and specifications have been drawn up by Robert G. Howard, Architect and are available at his office or City Hall. Bids to be returned by 4:00 P.M. October 19, 1970. Upon roll call vote, motion CARRIED. A motion was d~ made by Councilman Fugate and seconded by Councilman Dietz to advertise for a new car for the Police Department with trade-in of Chevrolet. Bids to be returned by 4:00 P.M. October 19, 1970. Upon roll call vote, motion CARRIED. A motion was duly made by Councilman Dietz and seconded by Councilman Ledbetter to advertise for bids for a motor driven valve and necessary electrical work for installation at the water plant. Bids to be returned by 4:00 P.M. October 19, 1970. Upon roll call vote, motion CARRIED. MISCELLANEOUS Mr. & Mrs. Sam Landers, Silver Ridge, were introduced as newcomers to Edgewater. Mr. Landers thanked the City for mowing and cleaning the canal area. Doris Roush asked if the salt content of the City water could be obtained as many people were on a salt free diet. Councilman Dietz advised it could be obtained from the Board of Health and we would try to find out and advise her. Carl Shell thanked the Council for having the area around the shuffleboard courts paved. Larry Lawrence again inquired when the streets joining onto Indian River Blvd. were going to be fixed as some of the drop-offs from the paving were at least five inches deep. Vice M~or Lodico advised that we now had the shell and they would be fixed wi thin a few days. -7- 6 o o .. . There being no further business Councilman Dietz duly moved for adjournment, said motion being seconded by Councilman Ledbetter and CARRIED. Time of Adjournment 9:27 P.M. Minutes prepared by Elsie L. T/lard Parts were condensed from a tape recording o h. · A' ,"< f tf(: (j" rc:- -CouncilHran ~T: ~ ~~ . Elsie L. w~ City Clerk Councilman g~f2ijJ~ -8- ~L- -.)1 ,. JIk-