Loading...
04-03-1989 - Regular ,.,. ....., CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 3, 1989 MINUTES CALL TO ORDER Mayor Mitchum called the meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor David Mitchum Councilman Dan Hatfield Councilwoman Gigi Bennington Councilman Russell Gold Councilman Thomas Fish Present Present Present Present Present City Attorney Jose' Alvarez City Manager William Powers Acting City Clerk S. Wadsworth Chief Lawrence Schumaker Present Present Excused Present APPROVAL OF MINUTES Special Meeting with Industrial Development Boards of Edgewater and New Smyrna Beach March 2, 1989 - Councilman Fish moved they accept the meeting with the Industrial Development Boards as being true and correct. Councilman Gold seconded the motion. Motion CARRIED 5-0. Regular Meeting of March 6, 1989 - Councilman Hatfield moved they accept the March 6 minutes. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Special Meeting with Police Pension Board March 8, 1989 - Councilman Gold moved the minutes be approved. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. PROCLAMATIONS Retirement of Kenneth Litchfield - Mayor Mitchum read the proclamation and pre- sented it and gifts to Mr. Litchfield on the occasion of his retirement. Mr. Litchfield then presented a check for $100 to the City for the bike path fund. Building Safety Week - Mayor Mitchum then read the proclamation for Building Safety Week and presented the proclamation to Dennis Fischer, Building Official/Code Enforcement Officer. Mr. Fischer encouraged the Council to come to the Building Department and ride with one of the inspectors and see what they do. CONSENT AGENDA Res. 89-R-14 Appointing Gary Butt to Board of Trustees of Police Retirement Plan; Land Development and Regulatory Agency's recommendation that developer receive permission to cross 6 ft. planted buffer strip on 16th Street for driveway access - Mayor Mitchum asked if any Council member wanted to remove an item. There were no requests. He requested a motion to close the consent agenda. Councilwoman Bennington so moved. Councilman Gold seconded the motion. Motion CARRIED 5-0. Councilman Hatfield moved they accept the consent agenda. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. ORDINANCES AND PUBLIC HEARINGS First Reading: None Second Reading (Public Hearing): Ord. 89-0-3 Rezoning four parcels of land owned by Ranken family, east of U.S. 1 between Ranken Drive and Roberts Road, from County R-3 to City MH-2; City B-3 to City MH-2; County B-4 to City B-3; and County B-4 to City MH-2 - Mayor Mitchum read the Ordinance. ORD. 89-0-3 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ADOPTED PURSUANT TO FLORIDA STATUTE l66.04l(c)(1) AND SECTION 1100 Of THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, REZONING FOUR PARCELS OF LAND OWNED BY THE RANKEN FAMILY AS FOLLOWS: PARCEL I: 9.77 ACRES, LOCATED EAST OF U.S.l BETWEEN RANKEN DRIVE AND ROBERTS ROAD FROM VOLUSIA COUNTY R-3 TO CITY OF EDGEWATER MH-2 ZONING DISTRICT; PARCEL II: 1.05 ACRES LOCATED EAST OF U.S.l BETWEEN RANKEN DRIVE AND ROBERTS ROAD FROM CITY OF EDGEWATER B-3 TO CITY OF EDGEWATER MH-2 ZONING DISTRICT; PARCEL III: 1.23 ACRES LOCATED EAST OF U.S.l BETWEEN RANKEN DRIVE AND ROBERTS ROAD FROM VOLUSIA COUNTY B-4 TO CITY OF EDGEWATER B-3 ZONING DISTRICT; AND PARCEL IV: .99 ACRES LOCATED EAST OF U.S.l BETWEEN RANKEN DRIVE AND ROBERTS ROAD FROM VOLUSIA COUNTY B-4 TO CITY OF EDGEWATER MH-2 ZONING DISTRICT; DIRECTING THE CITY CLERK TO ADVERTISE THIS ORDINANCE AS PROVIDED BY LAW; AMENDING THE OFFICIAL MAP OF THE CITY OF EDGEWATER ACCORDINGLY; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. ...... ..."", ORDINANCES AND PUBLIC HEARINGS (Cont'd) Ord. 89-0-3 (Cont'd) Mayor Mitchum requested a motion to go from the regular meeting to the public hearing. Councilwoman Bennington so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Mayor Mitchum asked for public input. Frank Roe, 2732 Juniper Drive, asked if the City has to supply water and sewer. He spoke on large amounts spent by the last Council with nothing in return except an increase in taxes. He stated he didn't object to the rezoning but they shouldn't spend money before they get straightened out. He referred to the work needed on the canals, especially near Juniper. Mike McGhee, 3229 Woodland Drive, stated he owns property zoned R-3 and according to the land regulatory planning, rezoning is compatible to Edgewater Landing. He said he doesn't want mobile homes there and it's an environmental disaster. He said the retirees there doen't put any money into it and he doesn't like Council trying to burden him with mobile homes. Glenn Storch, law offices of Owens & Storch, represented Edgewater Landing. He stated they did just what they promised they would and Edgewater Landing has increased the tax base. He said they're manufactured homes, not mobile homes, and some of the most creative things environmentally throughout the state have been done on this site. He pointed out the land was annexed into the City and it's a housekeeping measure with County zoning being taken off and City zoning placed there. He added that 12 to 15 more homes will be placed there. Mayor Mitchum requested a motion to go from the public hearing to the regular Council meeting. Councilman Fish so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Ord. 89-0-3 - Councilman Hatfield moved they accept Ordinance 89-0-3. Council- woman Bennington seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS Asbestos consultants site investigation/survey report - Mr. Powers read the March 29, 1989, Request for Council Action from the City Manager and City Engineer which recommended removal of the asbestos with an ultimate cost of $38,000 to $50,000 and to retain Environmental Aspecs, Inc. to prepare plans and specifications and provide bidding services and perform construction manage- ment for the construction activity at a fee of $4,200. He noted that would be phase II. He suggested the money could be obtained in the current budget by postponing the acquisition of a dump truck this year and deferring it to next year's budget which would generate $30,000, and unspent funds on the salary side of the Fire Deparmtent could make up the difference. Councilman Fish moved they accept alternative 3 and remove the asbestos. He pointed out that in the long run this is the proper way to go and encapsulation may be looking at much more expense in the long run and by removing it they won't have any future problems with it. Councilman Hatfield seconded the motion. Mayor Mitchum asked about the construction management they'll handle. Mr. Powers replied they're certified experts and will assure it's done according to the State requirements and certifications. Mayor Mitchum asked if removal will go out for bids and Mr. Powers replied yes. Councilwoman Bennington asked if they'll be on schedule proposed in the report and by May 31st the project should be complete. Mr. Powers agreed. Councilwoman Bennington asked how long City Hall will be closed. Mr. Powers replied one day, and the project starts on a Friday, the following Monday is a holiday, so Tuesday would be the day it's closed. Motion CARRIED 5-0. Res. 89-R-13 Supporting a Constitutional amendment prohibiting State-mandated programs in cities and counties without full funding or requiring a three- quarters vote of entire legislature for such programs - Mr. Powers read his March 29, 1989, Request for Council Action which recommended approval of this resolution. Mayor Mitchum read the resolution. RES. 89-R-13 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, SUPPORTING A CONSTI- TUTIONAL AMENDMENT PROHIBITING STATE-MANDATED PROGRAMS ON CITIES AND COUNTIES WITHOUT FULL FUNDING OR REQUIRING A THREE-QUARTERS VOTE OF THE ENTIRE LEGIS- LATURE FOR SUCH PROGRAMS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hatfield moved they accept Reso- lution 89-R-13. Councilman Gold seconded the motion. Motion CARRIED 5-0. -2- Council Regular Meeting Minutes April 3, 1989 ... ..",., UNFINISHED BUSINESS (Cont'd) Shangri-La Subdivision engineering review - Mr. Powers read the March 29, 1989, Request for Council Action from the City Engineer and City Manager which recommended the City join in legal action with the Homeowners Association against the developer to correct the problem. Councilwoman Bennington pointed out the maximum for an indepth engineering study would be $5,000 which would include review of as built drawings and determination of the exact extent of the problem and what it would cost to correct. She said the Homeowners Association President would like to have a workshop with Council, the City Engineers, their board, and their engineers, to present their problem to Council and make the City aware of the total problem as it's very complex. She suggested that in the mean- time they spend the money for the study to see if they want to include it in the CIP or how to approach it. She pointed out they want to avoid a long and costly court battle at the expense of the City and the Homeowners, and possibly to no avail. Councilman Hatfield asked where they'd get the money. Mr. Powers replied they'd have to look at the budget to see if there's an area from existing appropri- ations and if there aren't any, then it will have to come from some other source in the budget. Councilwoman Bennington said she understood the Homeowners have not indicated they'll take any kind of legal action as an alternative but they may in the future if they can't correct the problem. Councilman Fish moved that they defer any action on the matter until they have a chance to have a workshop and more fully understand the problem and have more time to sit down and discuss this. Councilman Hatfield seconded the motion. There was discussion about the date for the meeting and it was agreed to meet Thursday, April 20th at 7:00 P.M. Mr. Ferguson, Shangri-La Homeowners Association President, indicated agreement with that date and time. Councilwoman Bennington asked that it include the City Manager, City Attorney, City Engineer, Board of Directors of the Homeowners Association, and the City Council to discuss the drainage problem at Shangri-La. Motion CARRIED 5-0. Res 89-R-17 Authorization for appropriate officials to execute letter of contract as City Engineer throughout the CIP time frame with Dyer, Riddle, Mills & Precourt, Inc. - Mr. Powers read his March 29, 1989, Request for Council Action which recommended approval of the contract. Councilwoman Bennington moved they adopt Resolution 89-R-17. Councilman Hatfield seconded the motion. Mayor Mitchum read the Resolution. RES. 89-R-17 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER TO EXECUTE THE "LETTER OF CONTRACT TO SERVE AS CITY ENGINEER THROUGH- OUT THE CIP TIME FRAME" WITH DYER, RIDDLE, MILLS & PRECOURT, INC.; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. Motion CARRIED 5-0. NEW BUSINESS City Manager's declination of permanent position - Mr. Powers read his March 29, 1989, Request for Council Action which recommended acceptance of his declin- ation of the permanent position and to retain the Manager until transition is complete with an extension of the existing conditions to maintain continuity and authority. Councilman Hatfield said he's aware of what it's like to have the children away from their grandparents and he moved to accept regretfully the decision here. Councilwoman Bennington seconded the motion. Councilman Fish stated this has been a fiasco with the timing of the Manager's resignation and the background investigation with bombardment from the papers and being clouded with suspicious innuendos. He expressed disappointment because they've worked hard at the support of the City Manager form of government and they need to protect the office of the City Manager, but not necessarily the person, but the office. He said that due to all the controversy, they shouldn't accept the resignation. Motion CARRIED 3-2. Councilmen Gold and Fish voted NO. -3- Council Regular Meeting Minutes April 3, 1989 '-" ..... UNFINISHED BUSINESS (Cont'd) Status of background investigation - Mayor Mitchum distributed copies of an April 3, 1989, letter from Randall B. Gibson which advised that he'd met with Mr. Powers on March 15,1989, to review the initial investigation and after the review, Mr. Powers felt some of the points needed to be veri- fied and had asked that additional interviews be conducted with 13 people. Mr. Gibson had requested approval if Council wished to continue with the investigation with an estimated additional cost of $900 to $1,000. He added that the invoice was attached for services to date. Councilman Fish asked if there had been a limit on what the investigation should cost. Mayor Mitchum replied there wasn't a limit but it was discussed. Councilwoman Bennington noted they said approximately, but didn't set a maximum or minimum. Mayor Mitchum stated that there was no way an investigation could have been done in 20 hours and they were trying to be fair to everyone. Councilman Fish agreed. Councilwoman Bennington noted that the proposal had $840 ~ based on 20 to 24 hour report and they didn't set a cap. Mayor Mitchum recommended they not interview further because he doesn't see any point in continuing. Councilman Gold moved that no further investigation be authorized. City Attorney Alvarez pointed out that the newspapers have made a demand under Chapter 119, public records, to receive the report as it is now and in the state it is now. He pointed out that they know the report is not complete and it pertains to an individual who is no longer a candidate for a public position. He said one choice is to release the report as it stands but he has some prob- lems with that choice. He said on the plus side, if the report is released as it now stands, they'll make some individuals who are in the business very happy and they'll allow curiosity seekers and other interests to be satisfied on matters that mayor may not be of public concern. He added that on the negative side, he's concerned with the decision rendered by the Supreme Court involving a civil rights litigation wherein one of the elements that created liability to the City as well as to a Council member was the existence of a report, the confidentiality of that report, and the fact that the motion was made to release the report and a Council member made statements on the matter. He said he's concerned from that point of view with liability they may face if the report is released in its present form. He pointed out that there are State Statutes which very clearly say the public rights to access public documents and no one takes issue with that. He said they have to separate legal burden on them at this time and one is the Constitutional issue, the right to privacy, which is extended to Aids patients, to criminals, and to people who share rights together but there's nothing specifically that addresses the preclusion of an incomplete background report of an individual who is no longer a candidate for the position. He said if someone says to go ahead and release it, then he'd like that someone to come forward and issue the hold harmless to the taxpayers of this community if they have to face a judgement down the line. City Attorney Alvarez stated that a second alternative is to complete the report, accept it and release it, since that would clearly be at that time a finished product delivered to the City with the items in there that, according to Mr. Powers, would make it a complete report. He pointed out they'd be paying for a report that will benefit some other community. City Attorney Alvarez stated the third alternative is to go forward and ask the judge if this report as it exists right now is a public document and if so, what items, after inspection, should or should not be released from a public interest point of view. He added that the background report contains all sorts of information. He stated that an individual involved with the same type of situation in the City of Deland is present and he'd like Council to hear from him. -4- Council Regular Meeting Minutes April 3, 1989 ,..,. .. "W' UNFINISHED BUSINESS (Cont'd) Status of background investigation (Cont'd) Mr. Dana Fogle, Deland, stated he's represented government organizations for years and was asked to give an unbiased view of where they stand. He added that it's a professional courtesy and there is no charge. He stated that he'd handled a suit for the City of Deland a couple of years ago that's similar to the principle involved here. He said with the prior case he had advised the City of Deland to sue the Orlando Sentinel. He said he doesn't know that's their best move but he could answer questions. City Attorney Alvarez announced he'd had no social contact with Mr. Fogle, nor his family, and doesn't know where he lives, but has spoken over the telephone on several occasions. Mr. Fogle stated he has not met or discussed this matter with anyone in this room except City Attorney Alvarez but will try to help make a decision at the lowest possible cost. Councilwoman Bennington asked if the alternative would apply to them because of the suit against Orlando Sentinel. Mr. Fogle explained they went to the judge about a report and the judge concurred, but there were certain portions of that information released in advance, and there were tragic circumstances regarding that case. He said they pulled out the areas of the report they felt the Statute requires. He said the Sentinel was just doing their job but the judge ruled that they should delete everything except those items. He pointed out the information cannot be pulled out but can be typed up on another sheet. He stated that he has never seen the investigation but feels a sub- stantial portion could and should be released, and he could tell if he read it. He pointed out that a way around it is the individual is the one who stands to be damaged and they could ask him to give them a waiver of his right to sue the City, and if he says yes, then let them release the report in its present form. He explained that he could decline the offer, and if so, then they're faced with a hard decision of subscribing to Florida Law that's the public dissemination of their business. He pointed out that when they're asked to release it, they must release it or the portion that can be released, or cite the Statutes where it's exempt. He said they should release everything that is without question that will not reflect poorly on him because it's only one side of the story and if not, should consider asking the judge to release them. Councilman Hatfield asked if the judge makes the determination and Mr. Fogle replied yes, it's a legal question, and not a jury question. Councilwoman Bennington asked if they get the waiver from Mr. Powers, would it be for certain parts of it or to release the whole report to this point. Mr. Fogle replied that without reading the report, he's certain that Mr. Powers will authorize the release of a certain portion but they may have certain portions that do not reflect properly, or are biased. He pointed out that they don't have the balancing side. Councilwoman Bennington asked about a declaratory degree. Mr. Fogle replied that would be the most costly. Councilman Fish asked if this would be a precedent setting case and Mr. Fogle replied yes, because of the fact it's an incomplete document and the first part is questioned as to if it's a public record, and they cannot publish it without finishing it. He pointed out that the attorneys agree the Statutes require a very liberal interpretation of the law in favor of release of information. Councilwoman Bennington asked what they'd be talking about for a declaratory degree and Mr. Fogle didn't know. Mr. Fogle and City Attorney Alvarez discussed the number of people required to testify and the report itself to be examined, and counter claims. Mr. Fogle explained the various steps involved and said it wouldn't happen for $1,100. Councilwoman Bennington asked if they can just file the petition and ask the judge to review it and issue if it should be released under the public records act. Mr. Fogle replied yes, but they'd have to join whatever newspaper made the demand. Councilwoman Bennington stated that if they authorize $1,100 for them to finish up the report and turn it over to them, they accept it as a public document. Mr. Fogle suggested the first question be to the City Manager. Mayor Mitchum pointed out that to date nothing formally has been presented to Council. He asked if the report exists before it's in final form. Mr. Fogle replied that if they each independently read the incomplete report, then yes, the incomplete report exists, and at some point of time it becomes a public document and the question is when. He added that whether final form or first draft, it's public record at some time. He pointed out that incompleted doesn't strengthen the case at all and it is a precedence in reverse. -5- Council Regular Meeting Minutes April 3, 1989 'W' .."", UNFINISHED BUSINESS (Cont'd) Status of background investigation (Cont'd) City Attorney Alvarez stated that he's outlined the three alternatives and they heard the plus and minuses of each and he feels very uncomfortable and he had advised Mayor Mitchum when he had to make the decision a week ago not to release the incomplete reports. He added that he'd give the same advice if he had to do it again and has advised Council not to discuss the contents until it officially becomes a document of the City. He pointed out that a fourth alternative would be to show the report to the attorney for the paper. Councilman Hatfield asked what will say if they reach a completion if they go ahead with continuation of the investigation. Mr. Fogle replied that if the person gave his list of items and received it, then it's probably complete at this time. Councilman Gold asked if they can release it if they complete the report and Mr. Fogle replied yes. Councilman Gold withdrew his motion, and then moved to go ahead and complete the report. Councilman Fish said that based on the attorneys' report that it would be fiscally more responsible and is taking more out of the City's coffers, he'll second the motion. Councilwoman Bennington asked Mr. Powers if he'd sign a waiver. Mayor Mitchum asked if he'd sign a waiver finding them harmless. Mr. Powers replied no. Mayor Mitchum pointed out that Mr. Powers had requested it be in the same manner with the face to face interviews as before. He suggested they decide what they'd like done in future investigations and come up with a format. City Attorney Alvarez said that doesn't change the rules and they'll complete the investi- gation and use the same procedures as before. Councilmen Gold and Fish agreed to include that in their motion and second. Motion CARRIED 5-0. Councilman Hatfield requested a 5-minute recess at 8:17 P.M. Meeting called back to order at 8:24 P.M. Resignation of Keith Denton from Merit Board and appointment of new member, Res. 89-R-15 - Mr. Powers read his March 29, 1989, Request for Council Action, with a recommendation that it be Council's decision. Councilman Hatfield nominated Mrs. Cece Stevens. Other Council members concurred. Councilman Hatfield moved they accept Cece Stevens. Mayor Mitchum read Resolution 89-R-15. RES. 89-R-15 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE MERIT BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hatfield moved they accept Resolution 89-R-15 with Cece Stevens' name. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Resignation of Mary Ciccarello from Citizen Code Enforcement Board and appointment of new member, Res. 89-R-16 - Mr. Powers read his March 29, 1989, Request for Council Action which recommended it be Council's decision. Councilman Fish nominated Don Bennington. Other Council members concurred. Mayor Mitchum read Resolution 89-R-16, inserting the name of Don Bennington to fill the vacancy. RES. 89-R-16 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE CITIZEN CODE ENFORCEMENT BOARD OF THE CITY OF EDGE- WATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES, AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PRO- VIDING FOR AN EFFECTIVE DATE. Councilman Fish moved they accept Resolution 89-R-16. Councilman Gold seconded the motion. Motion CARRIED 5-0. -6- Council Regular Meeting Minutes April 3, 1989 ~ ~ UNFINISHED BUSINESS (Cont'd) Res. 89-R-18 Amendment 1989-3 to Dyer, Riddle, Mills & Precourt, Inc. agree- ment for "Engineering Services Associated with Design and Construction Manage- ment of the Western Wellfield Expansion for the City of Edgewater" - Mayor Mitchum read the resolution. RES. 89-R-18 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE AMENDMENT NO. 1989-3, "ENGINEERING SERVICES ASSOCIATED WITH DESIGN AND CONSTRUCTION MANAGEMENT OF THE WESTERN WELLFIELD EXPANSION FOR THE CITY OF EDGEWATER" WITH DYER, RIDDLE, MILLS & PRECOURT, INC.; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Gold moved for adoption of Resolution 89-R-18. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Res. 89-R-19 Amendment 1989-4 to Dyer, Riddle, Mills & Precourt, Inc. agree- ment for "Engineering Services Associated with Design and Construction Manage- ment of the Water Transmission Main Project for the City of Edgewater - Mayor Mitchum read this resolution. RES. 89-R-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE AMENDMENT NO. 1989-4, "ENGINEERING SERVICES ASSOCIATED WITH DESIGN AND CONSTRUCTION MANAGEMENT OF THE WATER TRANSMISSION MAIN PROJECT FOR THE CITY OF EDGEWATER" WITH DYER, RIDDLE, MILLS & PRECOURT, INC.; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hatfield moved they accept Resolution 89-R-19. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Recommendations for appointments to Charter Review Committee - Mr. Powers read the March 29,1989, Request for Council Action from the Charter Review Committee which recommended appointments of Dominick Fazzone and Mary Martin as voting members and Jack Hayman as the alternate non-voting member. Councilman Fish moved they accept the Committee's recommendation and appoint Dominick Fazzone and Mary Martin as voting members and Jack Hayman as the alternate. Councilman Gold seconded the motion. Councilwoman Bennington asked that the three appointees stand for recognition by the audience, and they did so. Motion CARRIED 5-0. Land Development and Regulatory Agency's recommendation to adopt $100 fee for zoning text amendments and requests to vacate - Mr. Powers read his March 29, 1989, Request for Council Action which recommended the City Attorney be directed to amend the fee ordinance to reflect LDRA's recommendation for the zoning text amendments. Councilwoman Bennington moved they take alternative 1. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. CIP Committee recommendation for presentations by investment bankers - Mr. Powers read the CIP Committee's Request for Council Action dated March 29, 1989, which recommended the four firms that were short listed make a presentation at the April 17th meeting. Firms short listed were: A. G. Edwards & Sons; Paine Webber, Inc.; Southeastern Municipal Bonds, Inc.; and William R. Hough & Co., listed alphabetically. Councilwoman Bennington moved they accept the Committee's recommendation. Councilman Fish seconded the motion. Motion CARRIED 5-0. CIP Committee recommendation for negotiations with bond counsel - Mr. Powers read the CIP Committee's Request for Council Action dated March 29, 1989, which recommended the Committee be allowed to negotiate and bring a recommen- dation back to Council. Three short listed firms were: Greenburg Traurug Hoffman; Holland & Knight; and Livermore Klein & Lott, P.A., listed alphabetically. Councilman Gold moved to authorize the CIP Committee to negotiate and bring back a recommendation to Council. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS Frank Roe, 2732 Juniper Drive, spoke on the hiring of the City Manager and the fact that only one Council member was re-elected from the prior Council. He asked why the investigation of the City Manager wasn't done before he was hired. Mayor Mitchum replied that he'd made telephone calls and he'd done his own investigation and voted no on hiring Mr. Powers, with no reflection on Mr. Powers. Mr. Roe referred to the money being spent for the investigation and the lack of a good working relationship between Council and a City Manager. He asked salaries for Council and Mayor Mitchum replied he makes $500 and this Council did not set those rates, it was before he was elected. -7- Council Regular Meeting Minutes April 3, 1989 ...... .."., CITIZEN COMMENTS (Continued) Chuck Chamberlin, 2222 Pine Tree Drive, asked why the City Manager wasted the taxpayers' money and Council's efforts in taking the job in the first place. Mayor Mitchum asked that his questions be directed through Council. Alice Murphy expressed concern with the way the City Manager's issue was handled. She said people asked why one employee is investigated and another is not, and they ask if he got in someone's way and is being railroaded. She said she's upset with comments that they have to keep it secret because they can use it against the City Manager. Virginia Roche, representing League of Women Voters, asked for permission to distribute voters guides to members of the audience. No Council member expressed an objection. Council members agreed it was a helpful brochure. James Braddock, Banyon Tree, asked that they work against the negative press of this City. He said it was blown out of proportion by the press and the citizens do have a right to know about a report, but it's not a complete report and no one would want an unfinished one. He suggested they have a press liaison person. He suggested they look into liability and who caused the problem in Shangri-La before the City spends money to solve the problem~ Neil Asting, Florida Shores, advised Council that two appointments were just made on the Board for Fish Memorial Hospital in New Smyrna Beach and both persons live in New Smyrna Beach. He asked Council to prepare a resolution to the Governor, perhaps to include Oak Hill, who isn't represented either, and ask that they designate a position on the Governor's Board for Edgewater and Oak Hill. Councilwoman Bennington so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. John Siburn, Connecticut Avenue, stated he'd spoken to about Shangri-La and they said it would be the same as they'll set a precedent and he feels they should sue. look closely and put in a contract the flood plains. Dick Gross, Sea Gull Court, asked why the report is incomplete. Mayor Mitchum replied the report is incomplete because Mr. Powers tendered his resignation and the letter arrived asking if the report was to be continued. Mr. Gross asked when he requested the additional interviews. Mayor Mitchum replied that the letter states he requested it of the investigators. Mr. Gross asked the next step with the report being released to the newspapers and if it would go to a judge. He asked why they accepted the resignation first on the agenda and then reviewed the background status report, since he was an employee before that first action was taken. Mayor Mitchum pointed out he's still an employee and has declined the permanent position and will still be an employee until he accepts another position or another Manager is hired. former Mayor Christy Wildwood. He said He suggested they Joe Cvach, Cory Estates, asked the status of the public beach and what is being done to reopen it so his child can use it. Mr. Powers replied the condition of the water has been determined to contain coliform bacteria, not from the discharge but from the canals, one to the north and one to the south of the beach.He added the CIP is looking at providing sewers for all areas that don't have it which will remove the septic field problems. He noted that the other problem is that it's close to the channel where the boats come through and they have a letter from the Coast Guard that it's a very dangerous situation and they don't recommend swimming there under any circumstances. James Hatfield, 236 Old County Road, stated that the present Council didn't have a vote to hire Mr. Powers for this position and the background investi- gation fell second hand on the majority of them. He stated that Mr. Powers hired a Finance Director and they should let the man be their responsibility since he'll be under a new Manager. He suggested they make sure the new man will fulfill his office. Councilman Hatfield stated that he went with Mr. Powers to visit Mr. Munoz and he's an excellent choice, and regardless of Mr. Powers' decision, Mr. Munoz should be an excellent Finance Director and provide an excellent future for them. He asked that they reserve judge- ment of this Council until the investigation is completed and then they can criticize if they want to. He asked the people to be patient and tolerant. -8- Council Regular Meeting Minutes April 3, 1989 'W .... CITIZEN COMMENTS (Continued) George Ewing questioned the decision for the citizens speaking time to be limited to 3 minutes. Jimmie Newell, 2350 S. Ridgewood Avenue, stated the special election for the City Manager cost a lot of money 14 months ago and they still don't have a City Manager. He said they wasted a lot of money. COUNCIL/OFFICERS REPORTS City Attorney - City Attorney Alvarez had no report at this time. City Manager - Mr. Powers stated that he and the City Attorney met with the property owner and his attorney on the bike path and they came to an under- standing of the concept and documents are being drawn up for the attorneys' review and presentation to Council. He said everything looks very positive for the right of way dedication for the 442 bike path. Mr. Powers stated that when they reviewed the properties, they discovered they had deeded to the City, but the City had not accepted, 98.74 feet of lot 14853 which is at 35th and Mango Tree. He added that it's been recorded but the City never accepted it and he recommends the City consider accepting it. He pointed out there are back taxes of $175.11 for 1986-87 and for 1988, and he requested Council's acceptance of these properties for those three years back taxes. Councilwoman Bennington so moved. Councilman Hatfield seconded the motion. City Attorney Alvarez explained they're buying it for the back taxes. Motion CARRIED 5-0. City Council - Councilwoman Bennington stated that the new Charter Review Committee members will be contacted soon to set up the first meeting and to give them the information. Councilwoman Bennington stated they need a special meeting and workshop on how to fill the position and how to handle the situation that has arisen with Mr. Powers, as they have to address advertising. She suggested they do it immediately. Councilman Hatfield suggested this be on the 17th agenda. Mayor Mitchum suggested they take resumes. Councilwoman Bennington agreed they could advertise the position. Councilwoman Bennington again asked that they advertise immediately and Councilman Hatfield asked that they do it on the 17th. Councilman Fish stated that he'd mentioned to Mrs. Koser they should have a little more input on the agenda so that citizens will know what they're discussing. He asked that they continue with a more expanded and explana- tory agenda. Councilman Fish stated that he listens to the scanner and there seems to be a problem developing with the emergency services with the Police and Fire when they get to the outer limits of the City where they cannot be heard by the dispatchers. He said there's another problem when both Police and Fire call for clear traffic at both ends. He suggested they appoint a committee to study this further with a representative from the Police Department, one from the telecommunicators, and a Fire Department and Council member know- ledgable of electronics and communications, and he so moved. Mr. Powers stated they're in the process of rectifying the situation with the hand held units, and the transmitter and antenna on top of the water tower in Florida Shores is being looked at along with a County agency. Councilman Fish noted they'd still have the problem with Police and Fire using the same frequency and they should look at the possibility of separate frequencies. Mr. Powers said they can apply for a separate frequency for the Fire Department. Councilwoman Bennington asked for a status report on the 17th. Councilman Fish agreed he'd like to see the report and he withdrew his motion. Councilman Fish stated that he and the Mayor have been attending Space Port Task Force meetings and it's still a rocky road but there are a lot of positive things that may come out of it for Edgewater. He said the 200 acre industrial park owned by FEC is being reviewed by people on the Industrial Board and others. Mayor Mitchum stated they'd accepted the financial report and the audits and he suggested they advertise for auditors for the coming year. He noted the City has had the same auditors for a number of years and there's nothing against them. He suggested a motion to authorize the City Manager to send out Requests for Proposals for auditing for the upcoming year. Council- woman Bennington said that's a good idea, and she so moved. Councilman Fish seconded the motion. Motion CARRIED 5-0. -9- Council Regular Meeting Minutes April 3, 1989 ~ .... COUNCIL/OFFICERS REPORTS (Cont'd) City Council (Cont'd) Mayor Mitchum stated they're getting into the CIP program and they need to institute some workshops to keep the public informed, and to get the relationship with the newspapers firm. QUESTIONS FROM PRESS None ADJOURN Mayor Mitchum suggested a motion to adjourn. Councilman Hatfield so moved. Councilman Fish seconded the motion. Meeting was adjourned at 9:20 P.M. Minutes submitted by: Lura Sue Koser ATTEST: ~A~~~ Approved this /7 day of ~~ i -4 . 'MAYOR A~~~ MAYOR ,,\~, . . .. , I ' -10- ~ ;?/.~ ~I ~ Council Regular Meeting Minutes April 3, 1989