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04-17-1989 - Regular '-.r .. CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 17, 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 City Attorney Jose' Alvarez City Manager William Powers Acting City Clerk Susan Wadsworth Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE Reverend Dr. Tee, Edgewater Union Church, delivered the invo- cation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Reaular Meetina of March 20, 1989 - Councilman Gold moved for approval of the minutes. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Special Meetina of March 27, 1989 - Councilman Fish moved they accept the minutes as being true and correct. Councilman Gold seconded the motion. Motion CARRIED 3-0. Councilman Hatfield and Councilwoman Bennington voted NO due to being excused from that meeting. Reaular Meetina of April 3, 1989 - Councilwoman Bennington moved they accept the minutes of April 3. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. CONSENT AGENDA Computer eauipment cost amendment (increase of $223): Reauest to purchase laser printer at cost of $2,300: American Leaion reauest for contribution for flaas: Bid recommendation for road resurfacina in amount of $58,444: Public Works request to purchase pick UP truck under State bid and motor crane for total of $11,390: Reappointment of Reverend Lawrence Tee as Honorary Chaplain for Police Department, Res. 89-R-24 - Mayor Mitchum asked if Council wished to remove any item. Councilwoman Bennington asked to remove items A and C. Councilman Fish moved they close the consent agenda. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Councilman Hatfield moved to accept the consent agenda. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Computer equipment cost amendment (increase of $223) - Council- woman Bennington asked if this was an increase in prices since they agreed to purchase the computers. Mr. Powers agreed that was correct, and it was for the printers. Councilwoman Bennington asked if $94,567 will be included in the amending ordinance 89-0-9. Mr. Powers replied no and they had $30,000 in the budget for computer equipment and they'll take care of the first paYment and the lease purchase portion of the computers and will fall in next year's budget. Councilwoman Bennington asked if that would be the balance, or the portion, and Mr. Powers agreed. Council- woman Bennington asked if they can expect any more additional -- ...", expenses that they didn't anticipate or were not included, such as the cable to run the lines they may have overlooked. Mr. Powers stated that there are some cable charges and the normal budgets for equipments within the departments will cover the cable costs. He pointed out that most of the new section of City Hall is wired for computers in the walls. Councilwoman Bennington asked if the cable was budgeted. Mr. Powers replied they have various accounts they initially budgeted for items in equipments, etc, and they feel they're adequate to cover the costs of running the cable. There was further discussion about the cable being budgeted. Mr. Powers pointed out the cable runs about 20 cents a foot. Councilwoman Bennington asked how Public Works will be handled and Mr. Powers replied it will be a modem and will use the telephone lines. Councilwoman Bennington asked if anything will be coming back to amend for additional costs for the computers and Mr. Powers replied they don't anticipate that this budget year. Councilwoman Bennington asked what they'll do with the computer system they have now for billing when they get the new system. Mr. Powers suggested they could advertise through Florida League of Cities and other magazines to see if anyone wants to purchase it. Councilwoman Bennington asked if they could recover costs by selling it and Mr. Powers replied yes, as they don't anticipate giving it away. Councilwoman Bennington moved to accept the alternative 1 and approve the $223. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. American Leqion request for contribution for flaqs - Council- woman Bennington stated that they budgeted $250 and the request is for $275 because of increased costs. She said she'd personally give the $25. She moved they approve and pay the $275 as requested. Councilman Hatfield seconded the motion and requested they refigure this come budget time and make the necessary increases. Motion CARRIED 5-0. ORDINANCES AND PUBLIC HEARINGS First Readinq: None Second Readinq: (Public Hearinq) Mayor Mitchum asked for a motion to go from the regular meeting to the public hearing. Councilman Hatfield so moved. Councilman Fish seconded the motion. Motion CARRIED 5-0. Ord. 89-0-5 Paint production in 1-2 district as special exception City Attorney Alvarez read this ordinance. Ord. 89-0-5 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING, SECTION 200.00," INTERPRETATIONS OF CERTAIN TERMS AND WORDS" AND SECTION 607.01(d), "HEAVY INDUSTRIAL DISTRICT", OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA; BY PROVIDING A DEFINITION FOR "PAINT PRODUCTION" AND BY ALLOWING PAINT PRODUCTION AS A SPECIAL EXCEPTION IN THE 1-2 DIS- TRICT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Mitchum requested audience input. There were no comments. Ord. 89-0-7 Annexation of Carson and Hall properties, Alamanda Drive - City Attorney Alvarez read this Ordinance. ORD. 89-0-7 _ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF EDGEWATER, FLORIDA, LOCATED AT ALAMANDA DRIVE SOUTH OF MYRTLE AVENUE, EDGEWATER, PURSUANT TO FLORIDA STATUTES, SEC. 171-044; REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER, BY AMENDING THE APPROPRIATE SECTIONS OF THE CODE OF ORDINANCES; PROVIDING THAT UPON ADOPTION CERTIFIED COPIES BE FILED WITH THE CLERK OF THE COURT IN VOLUSIA COUNTY, THE DEPARTMENT OF STATE AND THE CHARTER REVIEW DEPARTMENT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. -2- Council Regular Meeting Minutes April 17, 1989 ,..., ..."", ORDINANCES AND PUBLIC HEARINGS (Continued) Ord. 89-0-7 (Cont'd) Mayor Mitchum requested audience input on this ordinance. Frank Roe suggested the City refrain from annexing any more property beyond the City limits as they should straighten out what they have now. He asked that they protect the water and sewer they have. Ord. 89-0-9 Amendinq budqet ordinance (Amended from first read- ingl City Attorney Alvarez read this ordinance. ORD. 89-0-9 - AN ORDINANCE AMENDING ORDINANCE NO. 88-0-21, THE FINAL BUDGET ORDINANCE OF THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1988, AND ENDING SEPTEMBER 30, 1989, BY AMENDING CERTAIN REVENUE AND EXPENDITURE ITEMS OF THE REFUSE COLLECTION FUND; SHOWING A MORE DETAILED BREAKDOWN OF THE CHANGES BY "EXHIBIT A", CONTAINING A REPEALER PROVISION; PRO- VIDING FOR PUBLICATION OF THIS ORDINANCE, AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Mitchum requested audience input on this ordinance and there were no comments. Mayor Mitchum suggested a motion to move from the public hearing back to the regular Council meeting. Councilman Hatfield so moved. Councilman Gold seconded the motion. Motion CARRIED 5-0. Ord. 89-0-5 - Councilman Gold moved to approve Ordinance 89-0-5. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Ord. 89-0-7 - Councilman Hatfield moved they accept Ordinance 89- 0-7. Councilman Fish seconded the motion. Councilman Hatfield stated that this will bring the Fire Chief's property into the City. Motion CARRIED 5-0. Ord. 89-0-9 - Councilman Hatfield moved they accept Ordinance 89- 0-9. Councilman Fish seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS Advertisinq for City Manaqer - Mr. Powers read his April 13, 1989, Request for Council Action, which advised that Council had directed this item be on this agenda. Councilwoman Bennington moved they instruct the City Clerk to advertise for the City Manager's position as they have done before. Councilman Fish seconded the motion. Councilman Hatfield suggested they reserve judgement on advertising for a new Manager until they can review the report. He added that it has come to his attention that Mr. Powers might not resign. Mayor Mitchum clarified that the motion is for advertising and they accepted Mr. Powers' resignation. Councilman Hatfield agreed and said he has the right to question his vote. Mayor Mitchum stated that would have to be done at another time and with another motion. Councilman Hatfield said he'd rather wait until such time as they have had a chance to review the total report and then they shouldn't make any quick or hasty decision and go the wrong direction. Councilwoman Bennington stated that Mr. Powers has declined the permanent position for personal reasons and she doesn't know how the outcome of the investigation would have any change. She pointed out that the last Council took 8 months to hire someone and Mr. Powers is on probation and declined the position so they shouldn't drag their feet. Councilman Hatfield said he only wants to wait for the time it takes to get completed and it should be back by the next meeting and they could make the decision then. He asked if Mr. Powers would reconsider and be acceptable to staying here as opposed to going ahead and resigning. Mr. Powers replied that he'd stated he had personal reasons for wanting to relocate but there are other considerations that could come into place. He said his initial decision was based on his family and parents but he is considering educational needs for scholarships that are in line with the State of Florida, so it's a difficult decision and one that could be subject to change on his part. -3- Council Regular Meeting Minutes April 17, 1989 ~ ...." UNFINISHED BUSINESS (Cont'd) Advertisinq for City Manaqer's position (Cont'd) Councilwoman Bennington stated that Mr. Powers is compromising this Council as he did the other one after hours of negotiation and he has declined the permanent position and they allowed the probation to go by without addressing it. She said they need to address it and not let it go any farther. Councilman Fish stated they need to put the controversy behind them one way or another and they've all worked for the City Manager form of government and they want to make it work. Mayor Mitchum agreed they don't need to lose any time with the advertising. Councilman Fish pointed out the advertisement will not commit them to anything. Motion CARRIED 4- 1. Councilman Hatfield voted NO. NEW BUSINESS Bid recommendation for ballfield sod at Whistle Stop Park - Mr. Powers read his April 13, 1989, Request for Council Action with a recommendation they go with the second lowest bidder, Brundage Sod, in the amount of $3,600, with justification in the April 11, 1989, memo from Jack Corder, Assistant Recreation Director/Buildings and Grounds Maintenance Superintendent. Councilman Fish moved they award the bid to Brundage. Councilwoman Bennington seconded the motion. Mayor Mitchum asked the location for Nutri-Turf and Mr. Powers replied it's in Jacksonville. Motion CARRIED 5-0. Res. 89-R-20 Amendment 1989-5 to Dyer, Riddle, Mills & Precourt, Inc. aqreement for "Enqineerinq Services Associated with Update of the Wastewater Facilities Plan for the City of Edqewater" - Mr. Powers read Resolution 89-R-20. RES. 89-R-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER TO EXECUTE AMENDMENT NO. 1989-5, "ENGINEERING SERVICES ASSOCIATED WITH UPDATE OF THE WASTEWATER FACILITIES PLAN 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 to accept Resolution 89-R-20. Councilman FIsh seconded the motion. Motion CARRIED 5-0. Appointment to fill vacancy on Citizen Code Enforcement Board, Res. 89-R-21 - Mr. Powers read his April 13, 1989, Request for Council Action which had attached applications for the vacancy. Councilman Fish nominated Richard Kozlowski. Councilman Hatfield nominated Mr. Jones. Councilwoman Bennington agreed with Councilman Fish's nomination, as did Councilman Gold. Roll call on Mr. Kozlowski was 4-1. Councilman Hatfield voted NO. Councilman Hatfield clarified that his nomination should have been for Mr. Norris. Mayor Mitchum advised the audience to request time with the City Clerk to be on the agenda since this isn't a public hearing, but is a Council action in the Sunshine, and they can comment on anything. He explained that they open the floor under Citizen Comments to discuss anything they want to. Councilman Hatfield stated that Mr. Kozlowski will do a good job and he apologized to Mr. Norris for saying the name of Jones. Mayor Mitchum read Resolution 89-R-21, inserting the name of Richard Kozlowski. RES. 89-R-21 - 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 EDGEWATER, FLORIDA; PROVIDING FOR RIGHTS, PRIVILEGES, AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. He requested a motion on Resolution 89-R-21. Councilwoman Bennington so moved. Councilman Fish seconded the motion. Motion CARRIED 5-0. Councilwoman Bennington asked that staff contact the applicants for those received prior to taking office to see if they're still interested. Councilman Hatfield stated that he'd called Lois Kane and she's no longer interested. Mayor Mitchum asked that the City Manager instruct the City Clerk to do that. -4- Council Regular Meeting Minutes April 17, 1989 '-' ......, NEW BUSINESS (Cont'd) Appointment to fill two vacancies on Industrial Development Board due to expiration of terms, Res. 89-R-22 - Mr. Powers read his Request for Council Action dated April 13, 1989, which had appli- cations for the board attached. Councilman Gold nominated Galen McClain. Councilman Hatfield nominated David Koch. Councilman Fish nominated Raymond Gagnon. Mayor Mitchum agreed with the nomination for Mr. McClain. Roll call on Mr. Gagnon DID NOT CARRY 2-3. Mayor Mitchum, Councilman Hatfield, and Councilwoman Bennington voted NO. Roll call on David Koch DID NOT CARRY 1-4. Councilman Hatfield cast the only yes vote. Roll call on Galen McClain CARRIED 5-0. Councilman Fish suggested they re-advertise for the other position and so moved to re-advertise. Councilman Gold seconded the motion. Motion CARRIED 5-0. Mayor Mitchum read the resolution with changes to be for one vacancy and to be Galen McClain. RES. 89-R-22 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Gold moved for approval. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Appointment to fill vacancy on Board of Trustees of General Employees Pension Plan - Mr. Powers read his April 13, 1989, Request for Council Action which had one application attached. He stated that the candidate is agreeable to serving an additional term and is currently on the board. Councilman Hatfield moved to accept Reverend Hardin and to adopt Resolution 89-R-23 with his name placed on there. Councilwoman Bennington seconded the motion. Mayor Mitchum read Resolution 89-R-23. RES. 89-R-23 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE BOARD OF TRUSTEES OF THE CITY OF EDGEWATER, FLORIDA, GENERAL EMPLOYEES RETIREMENT PLAN; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Hatfield moved they accept Resolution 89-R-23. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Mayor Mitchum called a 5-minute recess at 7:50 P.M. He called the meeting back to order at 7:59 P.M. Recommendation on proposals for waqe and classification study - Mr. Powers read his April 14, 1989, Request for Council Action, with a recommendation to award the bid to Long Associates. Councilwoman Bennington asked why they're recommended over Cody & Associates. Mr. Powers replied that Long provides a 12-month follow up period and Cody provides 6 months. He added that he'd contacted other cities and organizations that used these people and basic information he got was in favor of Long for product satisfaction. Councilwoman Bennington asked some of the cities that had used Long and Mr. Powers read from a listing for various types of studies done. Councilwoman Bennington asked if they did Cocoa while he was there and Mr. Powers replied they did Brevard County and Cocoa piggy backed on the bid to take advantage of data already generated. Frank Roe, from the audience, asked if was out to bid and Mayor Mitchum replied it was already done. Councilwoman Bennington stated that they'd budgeted $10,000 and the proposal is for $5,340. Mr. Powers agreed it was not to exceed $5,340. Mayor Mitchum asked if the other one is not to exceed $5,000 and Mr. Powers replied yes. Councilwoman Bennington said she'd like to TABLE this for more study and so moved. Councilman Hatfield seconded the motion and said he'd like in writing these recommendations from the other cities to have a chance to see just what they say. Mayor Mitchum suggested they award the lower bid. Councilwoman Bennington again said she wanted to table it because she didn't have adequate time to go over both proposals and would like another week to really study them. Motion CARRIED 5-0. -5- Council Regular Meeting Minutes April 17, 1989 'W' ,..., NEW BUSINESS (Cont'd) Ballfield aareement with Volusia County School Board - Mr. Powers read his April 13, 1989, Request for Council Action which recommended scheduling a workshop with the School Board Facilities Property Management personnel and Parks and Recreation and Council. Councilwoman Bennington said they need to address it as soon as possible because there's a serious problem and they need to schedule a workshop as soon as possible and so moved. Councilman Gold seconded the motion. It was agreed to meet on Wednesday, April 26, at 7:00 P.M. Motion CARRIED 5-0. Reauest bv Parks and Recreation Board to reconsider swimmina at Menard-Mav Park - Mr. Powers read his April 13, 1989, Request for Council Action, with a recommendation they reiterate the decision not to permit swimming at Menard-May Park for health and safety reasons. Councilman Hatfield pointed out that the Health Department closed the beach and not the City of Edgewater. Mr. Powers agreed. Councilman Hatfield so moved to accept alternative 1 to close it again. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Councilwoman Bennington explained she voted yes because she saw no other choice. Councilman Fish explained he has small children and hates to have to vote yes. Policy on part time positions - Mr. Powers read his April 13, 1989, Request for Council Action which recommended they adopt a policy of no part time positions and establish any new positions on full time basis. Councilwoman Bennington asked if this could be included with the wage and classification study. Mr. Powers explained the survey is going to review the positions they have and policies they have in effect and if Council adopts a policy that they not have any part time positions, the study will reflect that, and if they adopt a policy of part time positions, then they have to make a statement of what benefits will be provided. He pointed out the union has no coverages for part time employees in the contract per se and will allow people with 20 hours or more to join. Councilman Hatfield stated that he and Councilman Fish have wi ves working part time to be home in the afternoons with the children and he doesn' t want to close the door on part time positions. Mr. Powers said they had difficulty finding people who wanted part time, and then they wanted to know what benefits were provided. Councilwoman Bennington stated this would be a prime project for the Merit Board to look at and make recommendations on part time versus full time and if so, what benefits should be offered since the wage and classification study would not incorporate that. She moved to turn it over to the Merit Board and get their input. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Plannina and Zonina Department's reauest to reclassify Adminis- trative Secretary I position from part time to full time - Mr. Powers read his April 14, 1989, Request for Council Action, which recommended reclassification of the part time position to full time for Administrative Secretary I. Councilman Gold moved they approve recommendation 1. Councilwoman Bennington seconded the motion. Councilman Fish stated he'd seen the work load there with minutes that need to be typed and distributed in a timely manner and concurs with the recommendation. Councilwoman Bennington agreed, especially with Code Enforcement there now. Motion CARRIED 5-0. Land Development and Reaulatorv Aaencv's recommendation to vacate utility and drainaae easement at 402 Wildwood Drive - Mr. Powers read his April 13, 1989, Request for Council Action, recommending they accept LDRA's recommendation. Councilman Hatfield moved they accept alternative 1. Councilman Gold seconded the motion. City Attorney Alvarez questioned the public purpose since Council adopted a policy of no vacating. Mayor Mitchum explained this was processed prior to the policy. There was discussion of how the City allowed the house to be built in the utility easement. City Attorney Alvarez asked if was grand fathered in and Mr. Powers replied that's what they referred to. City Attorney Alvarez stated that if it transpired before the policy, it wouldn't be a precedent. Motion CARRIED 5-0. -6- Council Regular Meeting Minutes April 17,1989 ~ """" NEW BUSINESS (Continued) John Siburn's request to clarify Ord. 88-0-18 re: aqenda format - Mr. Powers read his April 13, 1989, Request for Council Action and the letter from Mr. Siburn dated April 11, 1989. John Siburn, Connecticut Avenue, stated the public input isn't until the voting is done and they should be heard before Council votes. He pointed out it was passed in mid-summer. He said the County tried this also. Mayor Mitchum stated that he'd address this under his reports and Mr. Siburn agreed to wait until that time. Beach Trust Commission's proposed chanqes to Unified Beach Code - Mr. Powers read his April 13,1989, Request for Council Action with a recommendation to accept the proposed changes. Councilman Gold asked how this affects our City. Mr. Powers replied the City does have a vote. Councilman Gold moved to accept the recommendation of alternative 1. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS Frank Roe asked the cost for seeking a new City Manager and cost for the investigation. Mayor Mitchum didn't know. Mr. Roe asked they get the costs. Mayor Mitchum replied the CIty Clerk will get them. Mr. Roe stated he'll hold his comments until the next meeting. He asked Council to watch their spending. He noted that New Smyrna Beach donated money to build their bike path. He asked how many bikes are in Edgewater, and asked if they could register the bikes and charge them $10 a year and let them contribute to the bike paths. He suggested they put the question on the water bills to get the number of bikes or advertise in the paper. Jake Lodico, 302 N. Riverside Drive, asked that they get a sound system so they can hear. He suggested they get a system that they put on their chests. He then asked why they don't put South or North on the Riverside Drive sign Frank Roe asked if the road surfacing is where sewer is already there. Mr. Powers replied yes, this is already surfaced road. John Wharton, 1531 Riverside Drive, asked about the $46,000 transfer in the budget this year and where the money went. Mr. Powers explained the procedure for transferring from one fund to another such as utility or enterprise fund to general fund. Mr. Wharton asked for further details on this transfer and Mr. Powers suggested he come to City Hall and the Finance Department will explain. John Siburn stated that Mr. Wharton was one of the best City Clerks Edgewater ever had. He suggested they get a new City Manager as soon as possible. Norman Billups, 1860 Pine Tree Drive, stated the microphones are obsolete antiques. He explained the modern type systems that button on your tie. He then asked if the paving equipment was sold by bid as he'd heard it was, and it was purchased for $250,000. Mr. Powers replied the paving equipment is in the Public Works building now. COUNCIL/OFFICERS REPORTS City Attorney - City Attorney Alvarez stated he'd received a letter last Friday on the State Attorney's probe or investigation which has been going on for 1-1/2 years and it has closed and no wrong doings were found. City Attorney Alvarez reviewed the status of the recreation impact fee litigation with the various filings and hearings. He said there was a hearing the previous Thursday and it was agreed again they'll have to file another complaint. -7- Council Regular Meeting Minutes April 17, 1989 '-' "w1I COUNCIL/OFFICERS REPORTS (Continued) City Attorney (Cont'd) - City Attorney Alvarez stated that the City received about $15,000 from an insurance carrier a month or so ago for partial reimburse- ment of expenditures in the Caldwell lawsuit. He stated there was another case back in 1980 where the carrier wasn't notified after the case went to court and the case is concluded now and checks have been received for $15,200 and $31,307. City Attorney Alvarez stated that they've had discussions about the water plant site and are looking at locations as directed by Council for the new wellsites. He stated that negotiations involve making quick decisions to contact professionals such as for additional engineering comments and special appraisals and looking into mineral rights, surveys, and other matters which don't exceed the $3,000 requirement in the Code. He said if Council agrees, and with concurrence of the Manager and in most instances the Mayor as a member of the CIP Committee, he'd like to be able, when the situation requires it, not on a routine basis, to call someone and quick a quick decision which would have an important bearing on the decision that must be made at that time. Councilwoman Bennington asked if he wants authorization to spend up to $3,000 for professional fees when deemed necessary to deal with negotiations going on now. Councilman Hatfield asked if it would be that only and City Attorney Alvarez replied it's only ClP and there will be reimbursement from the CIP later on. Councilwoman Bennington moved they authorize the expenditures. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez presented the two checks to the Acting City Clerk. Mayor Mitchum commended him on his good work. City Manaqer - Mr. Powers introduced Mr. Fred Munoz, the City's new Finance Director. City Manaqer - Communications Update - Mr. Powers stated that Lt. Britain was contacted and he talked with the Fire Department and there's an application being filed with FCC to get another City frequency. He said the base radio is being modified to increase the wattage output and they've had preliminary talks with Volusia County Sheriff's Department to install antennas on the Florida Shores water tower which will increase receiving and transmitting with expenses to be shared. Mr. Powers stated that when daylight savings time goes into effect some cities go to the sport shirt type attire rather than coat and tie and he asked Council to consider that for the City for those that wear coats and ties. Councilwoman Bennington asked when the application was filed and Mr. Powers replied between the last meeting and this meeting. Councilwoman Bennington asked how long it normally takes and Mr. Powers replied about 2 or 3 months. Councilwoman Bennington asked if that will give them two frequencies. Mr. Powers replied it will give them a frequency for the Fire Department. Councilwoman Bennington asked if an officer back in Florida Shores will be able to hear. Mr. Powers replied they will provide the additional coverage with the antenna on the water tower and they're currently sharing the frequency. City Council - Councilman Hatfield moved to accept a dignified but dress down regarding the coat and tie in the summer months. Councilman Fish seconded the motion. Motion CARRIED 5-0. -8- Council Regular Meeting Minutes April 17, 1989 '-" ..." COUNCIL/OFFICERS REPORTS (Continued) City Council (Cont'd) Councilman Hatfield suggested they consider a City beautification committee to clean up the City as it's long overdue and they need some positive input on making this a more attractive city. Councilwoman Bennington agreed it's a good idea. Mayor Mitchum stated that he'd asked about this some time ago about requirements of DOT to maintain the median. Councilman Hatfield clarified that he'd just referring to ornamental and horticultural changes and isn't looking at code enforcement, just to beautify the City and it wouldn't cost anything. He said some people have contacted him and he so moved to form a citizens beautification committee and advertise for any interested parties. Councilwoman Bennington seconded the motion, saying it's a good idea but they need to decide how they'll do it. She suggested Councilman Hatfield write something up. Motion CARRIED 5-0. Councilwoman Bennington stated she felt they need to move forward regarding the City Manager issue. She pointed out the prior Council waited 8 months after the mandate of the people before they hired a cIty Manager. She stated that Mr. Powers has declined the permanent position and she's been trying to have workshops to discuss this. She said the problem is not with the City Manager form of government but with the individual filling the position. She moved that they thank Mr. Powers very much for his time and his efforts and appoint Chief Schumaker as the Acting Temporary City Manager and get on with this. She said they need to move forward and not stall any longer. Councilman Fish asked the Chief's thoughts on this and if he'd like to take this responsibility. Chief Schumaker replied that he didn't solicit for or covet the job of City Manager and he can't make the decision of whether the City can function without a City Manager. He expressed appreciation for Councilwoman Bennington's faith in his abilities, noting that his expertise is within the Police Department and he ran a troop of 170 people. Motion DIED for lack of second. Councilwoman Bennington requested a Special Meeting to address the situation as they can't allow it to keep going. She stated they have excellent Department Heads and have functioned before without a City Manager. Frank Roe asked to reserve time the next meeting to speak on this topic. Mayor Mitchum stated it will be on the next agenda. There was dis- cussion about available dates and it was agreed to hold the Special Meeting on Friday, April 28th, at the Library, if available. Councilman Fish agreed they need to move forward and clear the air of the controversy and have a workshop for clouds around some issues. Mayor Mitchum stated he had no problem with the meeting but as Mayor or one vote on Council he doesn't intend to get into the administration of the City Manager form of government. Mayor Mitchum stated that he didn't have a problem with Ord. 88-0- 18 being changed for citizens comments. He asked the City Clerk to look into the cost to advertise the regular Council meeting agenda as New Smyrna Beach does as quite a few people have said they can't get down to pick up an agenda. He requested a report back at the next meeting. Mayor Mitchum requested Council's input on Ord. 88-0-18. Councilwoman Bennington agreed with Mayor Mitchum and Mr. Siburn that citizen comments should not be at the end and if a citizen wants to reserve a right at that time to address another area, it would be up to them to allow it. She moved that Citizen Comments from 7 be moved to 3 and direct the City Attorney to draft the ordinance to move it under Approval of Minutes. Councilman Fish seconded the motion. City Attorney Alvarez pointed out they've had problems with board appointments with this format and they previously had listed resolutions under legislative action but it now is under New Business. He suggested they change that also. Councilwoman Bennington read the new format: Call to Order, Approval of Minutes, Citizen Comments, Consent Agenda, New -9- Council Regular Meeting Minutes April 17, 1989 '-' ...., COUNCIL/OFFICERS REPORTS (Continued) City Council (Cont'd) Business, Ordinances and Public Hearings and Resolutions, Unfinished Business, Council/Officers Reports, Questions from Press, Adjourn. She amended her motion to read that. Councilman FIsh amended his section to include that. Motion CARRIED 5-0. Mayor Mitchum suggested they look into a new P.A. system. Councilwoman Bennington suggested they look at the budget. Mayor Mitchum requested the City Manager or City Clerk bring a package back. Councilwoman Bennington so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. QUESTIONS FROM PRESS None. ADJOURN Councilman Fish moved to adjourn. Councilman Hatfield seconded the motion. Meeting was adjourned at 9:20 P.M. Minutes submitted by: Lura Sue Koser ~ d/~ ~~6--~~ MAYOR C/o / - ZO~O d.~ c~~.... -. ZONE THREE / ., .<~ If 7rvA COUNCILMAN - ZONE FOUR ~ r/ ~ ?~/ ATTEST: ~~.~ AC NG CIT CLERK -10- Council Regular Meeting Minutes April 17, 1989