Loading...
03-10-1983 - Special . I / , . ~ u CITY OF EDGEWATER CITY COUNCIL SPECIAL MEETING MARCH 10, 1983 MINUTES Mayor Richard McKillop called the Special Meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor Richard McKillop Councilman David Ledbetter Councilwoman Gigi Bennington Councilman Neil Asting Councilman Jack Spencer Present Present Present Present Present City Attorney Jose' Alvarez City Clerk Nancy B1azi Police Chief Earl Baugh Present Present Present MISCELLANEOUS Councilman Spencer motioned to limit this to 30 minutes and three minutes per person. Councilman Asting stated he did not like limiting to 30 minutes because all people who wished to speak may not have the opportunity. Motion CARRIED 3-2. Councilman Asting and Mayor McKillop voted NO. George Dickerson, 2604 Travelers Palm, expressed his views on the paving problems. He feels that this should be considered as selective, unfair taxation. He suggested mill tax rate increase or borrowing on a bond. Walter Gross, 909 Lake Avenue, spoke on the News-Journal article regarding the comments of our ex-City Attorney on the petition. He commented on the qualifications of our present City Attorney and asked Council to back him up with our problems and responsi- bilities. John Siburn, Connecticut Avenue, spoke on State Statutes on general requirements for special elections. He referred to freeholders participating in special elections or referendums, and asked about one of our members on an advisory board who is a Canadian. Frank Opal, Florida Shores, spoke on the Feb. 2,1983 meeting of the Planning Commission where a 2-1 vote took place. He referred to Robert's Rules of Order which states that the gavel on a three-member board should have been turned over to him instead of the vice-chairman who had made the motion. Arthur Newell, 1704 Royal Palm, is concerned about floor elevations because his house Vias constructed under the specifications for the City at that time, and raising the elevations could cause problems. Bob Hurd, Security First Federal Bank, stated he had a request for the variance to the sign ordinance. Mayor McKillop advised him that Council will be acting on that ordinance tonight. Walter Gross, 909 Lake Avenue, asked about the status of the law books that cost the City $2,500. He asked if they had been turned over to our present City Attorney since they had been in the possession of our two former City Attorneys. He asked Mayor McKillop to research this and have an answer at the next meeting. Councilman Asting called attention to the fact that our former City Attorney had a copy of the Code of Ordinances belonging to the City and it costs $184.78. Councilman Ledbetter also asked about the Comprehensive Plan with maps that the former City Attorney had. Dana Armstrong, said a lot of his friends are concerned about the drainage in Florida Shores and the obstructions in the canals there are causing dams. He referred to a January 23,1981, news article on stormwater laws and asked that it be a read into the record. The City Clerk read the news clipping. James Jones, Florida Shores, spoke on the poor condition of the canals and culverts since the City took over the maintenance from the County. . . ~ v Councilman Ledbetter moved to change the order of the sign ordinance #83-0-5 to be considered at this time, Councilwoman Bennington seconded. Motion CARRIED 5-0. Ordinance 83-0-5- The City Attorney read this ordinance. AN EMERGENCY ORDINANCE AMENDING CHAPTER 3, ARTICLE 1, SECTION 3-9, OF THE EDGEWATER CODE OF ORDINANCES, OF THE CITY OF EDGEWATER, FLORIDA, BY DELETING THE SENTENCE "NO VARIANCE FOR MAXIMUM ALLOWABLE DISPLAY AREA SHALL BE GRANTED.", CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; PRO- VIDING FOR AN EFFECTIVE DATE AND DISPENSING WITH PUBLICATION AND THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN TWO-THIRDS OF THE MEMBERS OF THE CITY COUNCIL. He stated that Section 3.9would have the l~st line "No variance for maximum allowable display area shall be granted." deleted. Councilman, Led- better moved to adopt Ordinance 83-0-5, Councilman Spencer seconded. Mayor McKillop asked the City Attorney if the effective date is correct so the Board of Adjustment could take action tonight. Motion CARRIED 5-0. Councilman Ledbetter moved to waive the second reading of this ordinance, Councilwoman Bennington seconded. Motion CARRIED 5-0. COUNCIL/OFFICERS REPORTS/BOARDS AND COMMITTEES Councilman Ledbetter brought up the subject of the road grader and stated held asked a man from St. Augustine to come down to look at the grader and when he arrived, he was asked by a City employee to leave the barn because it's private property. The City Clerk stated she had not heard that the man had been asked to leave but had been told that he was there to look at the grader. Councilman Asting asked the City Clerk to contact Mr. Ken Winter of the Planning Commission and find out his status as far as citizenship is concerned and report back to Council at the next regular meeting. Councilman Asting moved to have the Council attend the next Code Enforcement Board meeting which is on the 31st of March at 7:00 P.M and to have a joint meeting to see what their new procedures are. He expressed concern because the City could get into serious trouble if a wrong decision is made. Councilman Ledbetter seconded the motion. Motion CARRIED 5-0. Councilwoman Bennington questioned the tabling of items on Community Center Usage, Shuffle- Board Maintenance, and Board of Governors on February 21st and stated these were tabled as a package and she didn't think they could be brought up individually. There was a discussion about the tabling of these items. City Attorney Alvarez said that if one motion was made to cover all three items as one, he presumed the logical thing if you wanted to take it off the table was to have all three, but possibly a motion could be made to bring just the one item off the table. Councilwoman Bennington moved to take all three items off the table and schedule a workshop for all three. Mayor McKillop stated when we get to that item of the agenda, this would be appropriate. Councilwoman Bennington suggested in the form of a motion that there be a change in voting order, instead of by zones and then the Mayor, we would let it be rotated each meeting. She asked that it be put on the agenda for the next meeting to see if it can be done. Councilman Asting asked the purpose of this and Councilwoman Bennington said this way nobody is on the hot seat for the first vote. Councilwoman Bennington moved to have the cutoff date for Council agenda be noon Tuesdays with packets to Council by noon Thursday. City Clerk Nancy Blazi stated that most cities cut off their agendas about a week prior to the meeting. Councilman Ledbetter seconded the motion. Councilman Asting offered an amendment that the cutoff be noon Wednesday. Councilman Spencer seconded the amendment. Councilwoman Bennington withdrew the original motion, Councilman Ledbetter withdrew his second,on the original motion. Councilman Asting withdrew his amendment, Councilman Spencer withdrew his second to the amendment. Councilman Asting moved to make the cutoff date on Wednesday noon. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Councilman Ledbetter asked about a letter regarding Pelican Cove on the recreation fee they pledged to the City. He had been advised there was 30 days in which to return the fee of $7,500. or they would sue the Council. Mayor McKillop said he had received a copy and he understood that all Council members had a copy in their mail boxes. There was a discussion about the date of the letter and the date received by Council. Mayor McKillop stated he has now given permission to the City Clerk and her staff to open all mail coming into City Hall to expedite the process. -2- Special Council Meeting Minutes March 10, 1983 , . u u Councilwoman Bennington asked the City Clerk if she is planning to apply for the position of City Manager. City Clerk Nancy Blazi said she had not yet made up her mind and that the deadline for applying is April 1. Councilwoman Bennington did not feel a person who might be applying for a position should be handling the applications from others who are applying. The City Clerk said she is not answering any of these, they are being put in a folder for Council to review. City Attorney Reports -City Attorney Alvarez brought to Council IS attention a lawsuit that was filed two years ago against the City which should have been referred to the insurance carrier. He had this removed from the trial calendar and then a new complaint was filed, which is an amended complaint. He has contacted the insurance carrier, explain- ing the situation and asked them to take charge of this litigation. He has not yet received an answer and in the meantime, the lawsuit has to be defended. He asked if anyone knew why this wasnlt turned over to the insurance carrier and the City Clerk said it was the former administrator., He said he did not see why the insurance company will refuse to defend the City but wants authorization in case they do not want to undertake the defense he would like to cross claim. Councilman Spencer moved that the City Attorney be so directed. Councilman Asting seconded the motion. There was a discussion regarding the original complaint and the amended complaint. Motion CARRIED 5-0. The next item was a letter from Attorney Paul Katz who represents J. C. Carder and telling the City that the subdivision ordinance contains a provision requiring a 5% donation of . land or money and that the prior commission was advised in an open meeting that the ordinance was invalid and that the extraction of land and money thereunder would be unconstitutional. City Attorney Alvarez said he will be contacting the former City Attorney on this matter, and he is not prepared to comment tonight but will submit a memorandum of law to Council and will try to get an extension of 30 days. City Attorney Alvarez said they are also facing a potential challenge on an ordinance from Eastern Shores and they say the ordinance is not applicable to their client because of promises made by Council back in 1975 to the then owners of Eastern Shores. He will bring this to Council and hopes to avoid litigation but said we do need to look at the impact fee and the 5% and update. City Attorney Alvarez distributed to Council a draft of the proposed opinion of the Ethics Commission on the question regarding Councilwoman Bennington and her husband serving on a board. He said as of this date the Commission met in Tallahassee and the draft is the official ruling of the Commission. He said the bottom line of the decision is the fact that the Council member's spouse was involved in determining or recommending of the Planning Commission does not indicate that a measure upon which the City Council member would vote would inure to her special private gain or the special gain of a principal by whom she is retained. In another opinion, the Commission advised no voting conflict of interest would be created if a county commissioner voted on a recommendation of a committee of which he was a member, unless he had a personal interest so as to benefit himself or a principal by whom he was retained as a result of his vote. He asked the Commissionls opinion on the ordinance held prepared announcing a voting conflict before the vote was taken and they have no objections and this ordinance will be ready for passage at the next meeting. On the motion from Councilman Ledbetter to ask the City Attorney whether or not the situation presented by the language in the labor agreements which addresses the merit board was a situation that will permit the employees to receive their merit increases and also the 5%, this was a fact of question and not really a question of theory of law. Since this matter is an urgency to the City because a freeze has been placed on raises, he checked orally throughout the state and they confirm his research that given the language that is present in the agreements, given the past practices that merit increases had been given, and given also the fact that money was budgeted for merit increases, and the fact that the bargaining agent for the City said that the bargaining employees were told they would be receiving merit increases and they bargained upon this assumption and expectation, the City has little choice then to proceed with the merit increases and the matter should be re-visited when it1s time to negotiate again and have a different deal for the City. -3- Special Council Meeting Minutes March 10, 1983 , . u u City Clerk Reports - City Clerk Nancy Blazi said the City has received a safety plaque and commendation on the water sewage treatment plant and this plaque will be at the Sewer Plant. Councilwoman Bennington had suggested a Citizen Workshop and the City Clerk suggested it be set up for March 30, a Wednesday night, at 7:00 P.M if Council agrees. Council- woman Bennington suggested that tables be put on the main floor and they will sit there with the public. Mayor McKillop asked if microphones could be arranged to pick up the voices and the City Clerk said the microphone on the table will pick it up. It was agreed to sit there and to have it at the date and time suggested. Councilwoman Bennington stated this is a Citizen Workshop and Council will sit and listen to the people. The City Clerk spoke on the billing from the News & Observer for $125 for use of the composing room by Ken Millard. A question had arisen as to who had granted the authority for this bill. Councilwoman Bennington had been a member of the Charter Review Commission and she said he was given authority to do the advertising for it but she didn't know just how he was authorized. Mayor McKillop asked the City Clerk to review the Charter Review Commission minutes to see if this was authorized. The City Clerk stated she had not yet heard anything from Mr. Jacob Lodico regarding the payment for the insurance card charge. The City Clerk said we have been granted monies to build the dock facilities. In order to do this, we had to get two D.E.R. permits which needed a lot of professional work done. The total cost was $1,076. and there is no money in the Parks & Recreation budget for this. She asked Council to consider deducting the $1,076. from the $5,000.' credit owed us from Briley, Wild due to the error in paving. Councilman Spencer moved that this bill be authorized to be deducted from the $5,000. credit from Briley, Wild. Councilwoman Bennington seconded. Motion CARRIED 5-0. The City Clerk stated she was asked on Monday night to contact the Building Official regarding the drainage on the buildings going up on U.S. 1 and the answer from the Official is that the drainage is not under the jurisdiction of the Building Official and his concern is on the structural aspect of the plans. Councilman Spencer said his intent was to have someone from the City examine the drainage to determine ifit is adequate and that it is being complied with. Councilman Spencer moved that we direct the City Engineers to examine it and determine it is so. Councilwoman Bennington seconded the motion for discussion. Councilman Ledbetter said we can call the Volusia County EPA and he can make a determination. Councilwoman Bennington asked if we are charged for this and Councilman Ledbetter did not know. Councilwoman Bennington amended the motion to go to the County first and asked the City Clerk to check with them to come in and do the inspection and see if there is a cost involved before we call the engineers. Councilman Spencer said he has no objection to the County doing it but is referring specifically to the builders building the brew-through and the office buildings there, and are they conforming to City ordinances? Councilman Asting seconded the amendment. Motion on the amendment CARRIED 5-0. Motion on the amended motion CARRIED 5-0. Councilman Asting moved to recess for five minutes. Councilman Ledbetter seconded the motion. The meeting recessed at 8:45 P.M. The meeting returned to order at 8:57 PM. Department Head Reports - MayorJ1cKillop stated that the Public Works Department report did not show the status of the all the repair items that were authorized and he felt it should be more complete on his report. Councilman Asting commented on the value of the building permits issued of $1,142,644. Councilman Spencer said under the Water Department, the #4 and #5 wells are now in operation and water is coming in good and giving the old wells a rest. Building Code Board - The City Clerk read the February 18, 1983, letter from the Chairman of the Building Code Board requesting the reinspection fee by the Building Department be $15.00 for the second inspection and increased an additional $5.00 for each and every unscheduled reinspection. Councilman Spencer moved to instruct the City Attorney to prepare an ordinance change increasing the reinspection fees from $5.00 to $15.00: Councilman Asting seconded the motion. The City Clerk asked if they want this to include the.additional$5.00 for each and every unscheduled inspection. Councilman Spencer with- drew his first motion, Councilman Asting withdrew his second. Councilman Spencer moved to increase the fee to $15.00 for the second inspection and an additional $5.00 for each and every unscheduled reinspection. Councilman Asting seconded. Motion CARRIED 5-0. -4- Special Council Meeting Minutes March 10, 1983 . , '-J u Building Code Board (continued)- The City Clerk read the February 18th letter from the Chairman of the Building Code.Board requesting that floor elevations in the City have a minimum finished floor elevation of 12" above the crown of the road unless an increased height of elevation is required by the County Health Department for the elevation of septic tanks. Chairman Ron Austin spoke to Council on this recommendation, 3a and there was a discussion regarding the elevations required by the Health Department. Councilman Ledbetter moved to send this back to the Building Code Board and let them work with the City Attorney to draft up something acceptable. Councilwoman Bennington seconded. Motion CARRIED 5-0. Planning Commission -: The City Clerk read the Feb.22nd letter regarding the Landscape Ordlnance and Tree Ordinance. Councilman Spencer moved that Council accept the Landscape Ordinance and request the City Attorney to prepare an ordinance. Councilman Ledbetter seconded. Motion CARRIED 5-0. Councilwoman Bennington moved to accept the Tree Ordinance. Councilman Spencer seconded. There was a discussion as to whether this would apply just to developments and not individual homeowners. Mayor McKillop said the Daytona Beach ordinance has an intent where trees can be traded for parking spaces in certain conditions and it \'/Ould erihance..the :property and make .it a better living area and he'll send it to boards to consider at a future time. Motion CARRIED 5-0. The next item-was a request from the Planning Commission to have their Chairman attend a Planning and Zoning Seminar on March 17, 1983, to be held at Valencia Community College in Orlando. Councilwoman Bennington asked Mr. Sebastian Siciliano if he would like to attend as Chairman of .the Zoning Board. Mr; Siciliano advised he will be unable to make it. Councilwoman Bennington suggested an alternate and Mr. Siciliano said he would have the Secretary call members and ask. Councilman Ledbetter moved to send the Chairmen of the Planning and Zoning Boards or the alternate, whichever they decide. Councilman Spencer seconded for discussion. There was a discussion as to just what expenses would be paid. Mayor McKillop stated what they are authorizing is the $35. for registration and whatever is allowed in the ordinance for reimbursement for travel, and he favored partici- pation at seminars and conferences. Motion CARRIED 5-0. COMMUNICATIONS Board of Adjustment Resignation~GaryButt. The City Clerk read the letter of resignation from Gary Butt. Councilman Asting moved to accept the resignation. Councilwoman Bennington and Councilman Ledbetter simultaneously seconded. Motion CARRIED 5-0. School Board re: School Bus Parking - The City Clerk read the letter from the School Board of Volusia County requesting a variance to park school buses in residential areas. Councilman Spencer said he thought the County owns property on Mango Tree Drive that is fenced in and perhaps the school buses can be parked in that area. Councilman Asting said he has received reports from people who say buses parked out in the Shores area have already started to break the edges of the pavement on Vista Palm and he feels a compound for these buses be suggested. Police Chief Earl Baugh asked if Council wants to grant a temporary parking here. Councilman Ledbetter moved to grant them a 60-day special variance to give them a change to find a place. Councilman Asting seconded the motion. Motion CARRIED 5-0. Home Occupational License Request - Larry's Lawn Service - Larry Mason, the applicant for the home occupational license, came forward to speak to Council. Councilman Ledbetter asked if the truck with the large lettering on it will be parked at his home in Wildwood. Mr. Mason said it will be parked in his double car garage. Councilman Asting moved to grant Mr. Mason the license. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Councilwoman Bennington asked if the information on the home occupational licenses could be ready for the next meeting and the City Clerk said it would be ready. Robert Christy re: Planning Commission - Mr. Christy was not present at the meeting. Frank Opal re: Planning Commission By-Laws - The City Clerk read the March 3, 1983, letter from Frank Opal, which referred to the 2 to 1 vote being illegal, and requested that the Zoning Board and Planning Board By-Laws be changed. Mr. Opal spoke to Council 3b and urged them to take action on this as two people should not be able to take action on anything, especially on a 5-member board. Mayor McKillop commented that if it takes four members of Council to overturn a decision,having at least three to pass it would be a good idea. Councilwoman Bennington said the 2 to 1 vote should not rule but the By-Laws say it does. Councilwoman Bennington reviewed the various boards and the number needed for a quorum and for voting. Don Bennington, Chairman of the Planning Commission, said he agrees that we should consider changing section 716.00. Councilman Asting asked if we are governed by State Statutes on conduct of meetings. City Attorney Alvarez said the only State Statutes that refer to it is on the Code Enforcement Board and Board of Adjustments. Councilwoman Bennington moved to turn this over to the City Attorney to see if there are any State Statutes. Motion DIED for lack of second. -5- Special Council Meeting Minutes March 10,1983 u u Request for Flea'Marketat Pelican' Plaza - The City Clerk read the request for a flea market to be held March 12, 1983. Councilmari Spencer asked if ~her~ were any . complaints from any of th~ merchants at the PelitanPl~za: There was no response from the audience and Councilman Spencer moved to grant the permit for the flea market. Councilwoman Bennington seconded the motion. Mayor McKillop suggested a check list be set up for requests for flea markets so they will know.the requirements. Councilman Ledbetter did not feel the check list is important since these are non-profi~ organizations that do a lot for the community. Motion CARRIED 5-0. Councilman Spencer stated we have a communication from Terry Wadsworth dated March 1, 1983, and this was not on the agenda. Mayor McKillop said this is a Special Meeting and since it wasn't on the agenda, he didn't know if we could cover it. Councilman Spencer requested that it be put on the next meeting agenda. ORDINANCES AND RESOLUTIONS 83-0-6 Special Election. The City Attorney read this Ordinance. AN ORDINANCE OF THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA, SETTING FORTH A PROPOSED CHARTER AMENDMENT THROUGH A SPECIAL ELECTION AMENDING SECTION 9A OF THE CITY CHARTER OF THE CITY OF EDGE- WATER, BY REPEALING SAID SECTION IN ITS ENTIRETY; WHICH GIVES THE CITY COUNCIL OF THE CITY OF EDGEWATER, THE POWER TO APPOINT OR REMOVE A CITY MANAGER AND PROVIDE BY ORDINANCE HIS COMPENSATION, DUTIES AND POWERS; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting moved to adopt the ordinance. Councilman Spencer seconded the motion. Mayor McKillop questioned the City Attorney if he still feels comfortable defending this. The City Attorney replied that's right, there is no change. Mayor McKillop asked if the wording conforms and if the question legally represents what was presented on the petition. City Attorney Alvarez said the question presented to the people reflects the basic wording and intent of the petition as it was drafted and he thinks it does it very clearly. Mayor McKillop referred to the issue raised by the former City Attorney which said it has to be exact wording. City Attorney Alvarez said he doesn't know of any requirement in 163 that speaks to that, as 163 merely speaks to the power and authority to hold a special election pursuant to a petition. Motion CARRIED 5-0. City Clerk Nancy Blazi said this is a first reading and it will be advertised for a second reading and there may be a 4a special meeting called, to have sufficient time for advertising. There was a dis- cussion as to a public hearing at regular meetings and special meetings. It was agreed to have a special meeting on this second reading.and public hearing. 83-R-25 Appointment of Alice Murphy to Board of Adjustment - The City Attorney read this Resolution: A RESOLUTION APPOINTING ONE MEMBER TO FILL A VACANCY AS A MEMBER ON THE BOARD OF ADJUSTMENT OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Section 1. That Alice Murphy is hereby appointed to the Board of Adjustment of the City of Edgewater, Florida to fill a vacancy for a term to end August 6, 1984. Councilman Ledbetter moved to adopt this Resolution. Councilman Spencer seconded the motion. Motion CARRIED 4-1 Councilwoman Bennington voted NO. 83-R-26 Appointment of Paul Henry to Planning Commission - The City Attorney read this Resolution:A RESOLUTION APPOINTING AN ALTERNATE MEMBER TO A VACANCY ON THE PLANNING COMMISSION OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. That Paul Henry is hereby appointed to the Planning Commission of the City of Edgewater, Florida, as an alternate member to fill a vacancy for a term to end February 3, 1984. Councilwoman Bennington moved to accept the Resolution. Councilman Spencer seconded the motion. Motion CARRIED 4-1. Councilman Asting voted NO. UNFINISHED BUSINESS Review of Department Heads - The City Clerk read a memo dated March 10, 1983, which suggested dates for holding the workshops on department head reviews. There was a discussion between Council members as to the times and dates they will be available for the workshop. It was determined that on March 22 and 24th there would be workshops held at 2:00 P.M. and the Water, Wastewater and Police would be reviewed on the 22nd. Councilwoman Bennington suggested adding the Building Official to the review on the 24th. On the 24th would be Finance and Administration, including City Clerk, Legal, and Planning and Building Official. -6- Special Council Meeting Minutes March 10, 1983 ~ . u ~ Councilman Spencer moved that the Building Official be hired as a City employee and not on a contract. Councilwoman Bennington seconded the motion. Councilman Ledbetter said there is no appropriation for hiring and you have to take into consideration the salary, retirement, insurance, social security, to know the amount of money we need. Councilman Asting asked the City Clerk to prepare a statement as to how much we would have to pay in fringe benefits to a Building Inspector who is a City employee and we can arrive at a salary when that figure is determined. Councilman Spencer said he feels this will provide more direct responsibility for the City if ~he individiual is a City employee. Mayor McKillop stated if the man is a City employee he'll expect a vehicle and mileage" reimbursement and this would also be an additional cost which he would like figured in the cost estimate also: Councilman Asting said we should find out how much we paid Charlie Murphy yearly while he's been with the City. Councilman Ledbetter stated you have to figure a secretary for the Inspector. Mayor McKillop asked that the motion be delayed until the cost figures and other data is available. Councilman Spencer with- drew his motion. Councilwoman Bennington withdrew her second. " . Board of Governors - Councilwoman Bennington stated this point was raised earlier and that this was tabled as a package item and this was brought back as a single item and she" feels it should be brought back as an entire package. Council agreed to this. " Mayor McKillop asked if he could put an item on the next regular meeting.s agenda. He had passed out a resume' to Council and would like to present it at next meeting. NEW BUSINESS Councilman Jack Spencer - Loan for Street Paving - Councilman Spencer had given Council members a note and he feels they should consider negotiating for a loan. In anticipation of receiving the portion of the cost for the assessments, May, Zima had suggested in March we should consider this loan. Councilman Asting did not feel this is an immediate problem and the longer the money is kept in CD's, the more interest we will get. There was a discussion about the bills yet to be paid and the present cash balance. Councilman Ledbetter questioned the authority to borrow this money as he doesn't think the State law will let the people of Edgewater go out and borrow money on this situation. Councilman Asting noted the Water & Wastewater Department has $110,000. earmarked for the pilot sewer program which is not active and this money could be used to help with the paving. Councilman Ledbetter stated you cannot intermingle the revenue fund. money and general gov- ernment money. Councilman Asting felt as long as we have money constantly going into our sinking fund, that is restricted, and cannot be touched for anything but the enterprise fund and the money for the pilot sewer program can be used. Mayor McKillop said he has had a problem with the cash statements because they do not state what percentage of revenue has already come into the City and when the franchise is due into the City and he doesn't know what the expenses are anticipated to be over the next two or three months. They give a picture of how funds sat on March 2nd. He feels with a little fore- casting they should be able to get a picture of what things will be like in 60, 90, or 120 days. Councilman Ledbetter referred to the money left over from last year's budget. Merit Pay Plan and Employee Evaluation Form - Councilman Spencer moved to"remove from the table the employee evaluatlon form. CounCl lman Ledbetter seconded for discussion. Motion CARRIED 5-0. Councilman Spencer asked this be removed from the table because of the City Attorney.s earlier decision that the City is obligated to honor merit raises. He wants the evaluation form returned to the Merit Board with a request that they develop an employee merit plan and present this to Council for approval because there is no uniform merit plan. He moved to request the Merit Board prepare a merit plan for Council approval and re-submit their evaluation form at the same time. Councilman Ledbetter seconded the motion. Motion CARRIED 5-0. The City Clerk asked Council if they can meet with the Merit Board on the 23rd. All members agreed to attend. Councilman Ledbetter asked the City Attorney about the City Manager giving supervisory positions without resolution or ordinance or Council information and could it be in line to abolish those positions unless backed up by ordinance or resolution. City Attorney Alvarez added or any kind "of collective "bargaining. Councilman Ledbetter moved that the City Council abolish all jobs created by the former City Manager as supervisors without any conflict with the collectivebargainingagreement~ City Clerk Nancy Blazi said all your supervisors are members of ~he collective bargaining unit so where does that leave it. "Councilman Asting asked if they are all members and the City Clerk said all but about two." Councilman Ledbetter added unless backed up by an ordinance or resolution. The City Clerk asked him if he meant tore-classify.since management has -7- Special Council Meeting Minutes March 10, 1983 ~ . ~ t..",J that right. Councilman Ledbetter said you can roll those people back into the work force. Councilwoman Bennington seconded for discussion. Councilman Spencer felt this is arbitrary as some supervisory positions we should be able to abolish and some could be retained and he prefers considering them on an individual basis as they review depart- ment heads. Councilman Asting asked if there are only two supervisors who aren't part of the bargaining unit. The City Clerk said she thought so. Councilman Asting said then there would be only two falling into that category. Councilman Ledbetter reviewed the count of the supervisors in the Public Works Department. Mayor McKillop felt we should cover this at the department head meetings to give them a chance to respond. Council- woman Bennington said we only had two department head reviews but she felt we could do it as a blanket and then reconsider as the department comes up. Motion CARRIED 3-2. Councilman Spencer and Mayor McKillop voted NO. Councilman Ledbetter moved to adjourn then withdrew his motion. May, Zima Computer Software Agreement - It was asked to have this presented at the department head review for Finance and Administration. Appointing Member to Board of Adjustment - Councilman Spencer nominated Dave Severance to the Board of Adjustment, and stated that Mr. Severance does car pool with Mr. Robert Garthwaite, another member of the Board of Adjustment. He brought up this fact with the City Attorney to see if it created a problem with the Sunshine Law and the City Attorney advised him that it's probably okay but the City Attorney will contact the State Attorney General to make sure it is okay. Councilman Ledbetter seconded. Councilman Asting nominated George Quaggin for appointment to the Board of Adjustment. Mayor McKillop seconded. Councilwoman Bennington moved to close the nominations. Councilman Spencer seconded the motion. Roll call on motion to appoint Dave Severance was 3-2. Councilman Asting and Mayor McKillop voted NO. Councilwoman Bennington moved to adjourn the meeting. Councilman Ledbetter seconded the motion. Meeting adjourned at 10:58 P.M. Minutes submitted by: Lura Sue Koser 4ii]:~?~~ OR ' ~ ~ V' ~ ~ ATTEST: '-1 ' cll~ ~-e Approved thi s c2 / day of /;t./.vu:I --- , 1983. ti}~r~ -8- Special Council Meeting Minutes March 10, 1983