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12-20-1982 - Regular . . .. .. (.j U- CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING December 20, 1982 Mayor McKillop called the regular meeting to order at 7:00 p.m. in the Community Center. There was a silent Invocation and a salute to the flag. ROLL CALL Mayor Richard McKillop Councilman David Ledbetter Councilman Neil J. Asting Councilwoman Gigi Bennington Councilman Jack H. Spencer Present Present Present Present Present City Atty. Jose' Alvarez City Clerk Nancy Blazi Police Chief Earl Baugh Present Present Present Mayor McKillop presented a plaque to Chief Earl Baugh from the American Automobile Association, and noted that Edgewater is one of four cities in Volusia County that had no fatalities during the past year. Mayor McKillop thanked Bob and Gayle Poland who provided the beautiful Christmas display at the end of Virginia Street. He also thanked those citizens responsible for the tree in front of the community center, and those who contributed decorations and time, noting that it was coordinated by Tom Wyatt and Don, Kay and Gigi Bennington. Approval of Minutes: Special Meeting of December 1, 1982. Councilman Asting moved to adopt the minutes, seconded by Councilman Spencer, and the Motion CARRIED 5-0. Regular Meeting of December 6, 1982. The City Clerk noted that Mr. Spencer asked that Page 3, paragraph A of the minutes which says, IIMr. Spencer suggested looking into the possibility of less coverage on small claimsll, be changed to IIMr. Spencer suggested looking into reducing coverage for small claims in exchange for more complete coverage for catastrophic-type claims.1I The minutes from this meeting will reflect this change. Also, on page 5 and page 6 there were two votes listed as 4-0 which should read 4-1. Mrs. Blazi asked that the members correct their copy of the minutes to reflect this change. Mayor McKillop asked that a correction be made on Page 8 correcting IICouncilwoman Bennington offered an amendment to the motionll, to read, IICouncilwoman Bennington made a motion.1I This correction is reflected in these minutes. Moved by Councilman Ledbetter, and seconded by Councilman Spencer to accept the minutes as corrected. The Motion CARRIED 5-0. - Special Meeting of December 8, 1982. Councilman Spencermoved to accept the minutes, seconded by Councilman Asting. The Motion CARRIED 5-0. Bills and Accounts Memo from Mrs. Kinsey, Finance Director, concerning a bill for services rendered by Briley, Wild and Asso., reo Florida Shores Road paving pro- gram in the amount of $7,252.68, noting that this is not included with regular bills and accounts was received. Councilman Ledbetter motioned to pay the regular bills, seconded by Councilman Spencer. The Motion CARRIED 5-0. Councilman Spencer motioned that they hold the bill from Briley, Wild until they receive a report as to the status of the negotiations. The Motion was seconded by Councilwoman Bennington and CARRIED 5-0. Q v Councilman Asting motioned to move the Miscellaneous category up to this position. The motion was seconded by Councilman Spencer and CARRIED 5-0. Miscellaneous: Mr. John Siburn asked about incentives for getting the people in Florida Shores to come forward and pay for the paving; he sug- gested a 5% reduction if it is paid within three months. Mr. Ben Vasquez had two concerns: one, the way the City will conduct its financial paving program; he believed the people should be informed as to what is in the contract; second, concerned about method of financing capital improvement projects, pointed out to the City Attorney that the City cannot pledge any of its assets or borrow money for capital improvements. He also stated that he believes it is illegal to use revenue bonds to complete the program. Mr. Walter Gross, Vice President of the Citizens of Edgewater objected to ordinances being typed by the secretaries at City Hall. The Mayor agreed to look into it and report back. Mr. Gross asked that the car formerly used by the City Manager's office be put into active use. He said that he also understands the former City Manager's secretary is working under the direction of the Mayor; he wanted her to work under the guidance of the City Clerk. He asked that the City Manager's office be an open office for Council to talk with citizens. He also wanted Council to enforce the laws for the benefit of the City. Mr. Bob Tipton asked about the Code Enforcement Board. He understands they are to meet once every 30 days, and asked Council to look into their duties. Mr. Frank Opal read a letter from Southeast Bank to the City of Edgewater dated November 26, 1982 concerning a meeting reo borrowing $315,000 for repaving of streets; project cost of $630,000, repayable by property assessment. The City solicited competitive bids from other banks but received none. He was advised by Mr. Sikes that this was for the second phase of the paving project. Mr. Spencer explained that a couple of weeks ago the City received a letter from the bank advising that they were now able to lend money to the City for the paving projects, should the City so desire to borrow. Mr. Sikes' letter and the letter that Mr. Opal is referring to were in his (Mr. Spencer's) mail basket and he assumed in every other councilman's mai1- basket. There is no $630,000 paving project approved by previous council or by this council. Councilman Asting explained that the $630,000 figure is for a 2-phase paving project. Officers' Reports of Boards and Committees: City Attorney Alvarez spoke about two ordinances: one, the paving project and second, litigation funds. He discussed the proposal made by the City Engineer's attorney and advised Council to keep in mind that the City Engineers are the City's agents; Martin Paving is the contractor who was awarded the project and the relationship with them is defined by the agreement entered into by the prior Council. Mr. Bill Cross, Briley, Wild and Asso. was present to speak about the paving project. He said that from the onset they have admitted they made a mistake and they would try to rectify this mistake and make amends. According to the contract, you pay for goods received. Briley, Wild is offering $1,250 in cash and $1,250 in future services. The City Attorney said the agreement was $1,500 in cash and $1,000 for future engineering services. Mr. Cross agreed to this. Councilman Spencer felt it was important that the project continue and recommended accepting the offer that Briley, Wild has made authorizing the City Attorney to issue the necessary orders with Martin Paving Company to complete the job. The assessment will still be under $400 for 80 foot lots; cannot give the exact amount until the project is complete. Mr. Cross said the original contract was $282,000 plus dollars. To finish the contract will take an additional $51,250; $20,859 is for extra cement; extra roadway grading is $3,789; extra soil cement is $12,722; extra one- Council Meeting 12/20/82 - 2 - ~ u inch of Type 1 asphalt is $13,879. If you follow thru on that and the actual lineal feet of lots that the money would be assessed to is 26,910 divided into the $51,250, it will be an additional $1:90 per lineal foot of street. Divide that by three reduces it per front foot of assessed lot, or an additional cost of $.64. Councilman Asting felt that the liability of Briley, Wild should be greater than $2,500 for the mistake that was made. He did not believe it was right for Briley, Wild to submit the bill for $7,252.68, which includes consult- ing services during construction and inspection of construction, etc. Councilman Asting suggested further negotiations between the City Attorney and Briley, Wild. Mayor McKillop read from Sec. 106 of the Code, which establishes that contracts are void if not performed as agreed to. The City Attorney said that if there is no agreement between the attorneys the only resolution would be to go ask a judge. He pointed out that the con- tract is with Martin Paving, but the contract was entered into by Briley, Wild, the City's agent. Councilman Asting asked Councilman Spencer, as the Council representative at the meeting between the attorneys, Briley, Wild,_ and Martin Paving, if he would go along with that figure. Councilman Spencer said that that particular number was not discussed at the meeting. Councilman Asting motioned that this matter be referred to the City Attorney for further negotiations with Briley, Wild and their legal representatives. The Motion was seconded by Councilman Ledbetter and CARRIED 4-1. Councilman Spencer voted No. Councilman Spencer motioned that the City Attorney be instructed to request Martin Paving to complete the job per the original contract, and include the total number of feet that the City originally contracted for, 29,089 feet. The Motion was seconded by Counc.ilwoman Bennington. The Motion DID NOT CARRY 3-2. Councilman Asting, Mayor McKillop and Councilman Ledbetter voted No. Mr. Robert Martin, President of Martin Paving, was present and spoke to Council, emphasizing that their company tries very hard to please their customers and do what they are asked to do. He said that as soon as they discovered the discrepancy between the number of feet on the map and that in the contract, they called it to the attention of the City; they were not setting out to increase the amount of the contract. He noted that they had a pay request before Council for $52,000 which had been approved by the engineers and asked for Council approval. He also asked for direction as far as completing the contract, stating that they have asked for two potential change orders to the contract with Briley Wild; one approves a change order increasing the amount of work already done, plus amount of work left to complete on the other items in the original amount, and a second change order is for the total cost in doing the work in accordance with the map - all the streets that were in the original map. Councilman Asting asked about the map he referred to. Mr. Martin said it was with the plans and specifications; there was an indication of the streets that were to be paved. Councilman Asting suggested a cut off at 26th Street rather than go to 22nd Street. Mr. Martin said that if they could get approval to proceed they would guaranteea lump sum figure. Mayor McKillop said there had been two public hearings and he did not believe this Council could raise the price substantially - changing what was fact was addressed at those hearings - without giving the public a chance to come back and speak to this Council. Councilman Spencer recommended going ahead on either his suggested Motion or Councilman Asting's suggestion to omit paving certain streets. Mayor McKillop suggested postponing the decision until the January 3rd meeting and incorporate a public hearing. Mr. Martin asked Council to release the $50,000, noting that the City would still be holding about $50,000 of Martin Paving money. Councilman Spencer motioned that the City authorize payment of the Martin Paving bill, seconded by Councilman Asting. This bill is in the amount of $52,057.13. The Motion CARRIED 4-1. Councilman Ledbetter voted No. Council Meeting 12/20/82 - 3 - ~ u Mr. Martin said the City has several options for completing the streets as shown on the map - lay 1 inch of asphalt, lay 1/2 inch of asphalt or put sand over the existing base. The figures for the three options, excluding 26th Street to 22nd Street, can be provided. Mr. Cross said that the original contract called for 25,300 lineal feet to be paved. If Council wished to instruct Martin Paving to pave up to that portion of it, or stay within that $282,000 cost range, the only negotia- tions they would have to do, which would leave some streets unprotected, would either be for the $27,000 of base, or street, if they only pave what is done now, or the $52,000. At least he can go ahead and cap out that portion and stay within the contract and protect that amount of streets. Councilman Spencer motioned that Council wait to make a final decision on Jaunary 3, when all the councilmen would have all the facts they need in order to make a firm decision. The Motion was seconded by Councilwoman Bennington, and CARRIED 5-0. Five minute recess. Mayor McKillop asked Council to approve moving Item 7-A, Wildwood Drive up on the agenda, because Councilman Mann has another meeting to go to. Councilman Mann reported that on last Tuesday Councilman Ledbetter, Council- woman Bennington, Frank Opal and several residents of Wildwood were present and surveyed the situation. The Public Works Superintendent was also there and will make a report back to Council through Councilman Ledbetter. It was suggested that the water can be moved to the north across Park Avenue by deepening the ditch on the north side of the road. They will not know whether or not they can do that until after the surveys are completed. He noted that Wildwood is similar to a saucer in that it sets lower than all the land around it. The County surveys will be ready around the first of February. Councilman Ledbetter mentioned that he had given the City Clerk the name of the poison they use for spraying the ditches, to pass on to the Street Superintendent. The City Clerk reported that Pelican Cove West has met all requirements; i.e. certification of preliminary plat approval, City Engineer's approval of construction plans, posting of surety bond, application for final plat fee and certification of Final Plan approval by the Planning Commission. The City Clerk read her letter to the Mayor and City Council requesting that Council appoint her, temporarily, to assume the additional adminis- trative responsibilities that were designated to the office of City Manager. Councilman Asting moved to appoint the City Clerk to temporarily assume the additional administrative responsibilities that were designated to the office of City Manager for a gO-day period of time; the Motion was seconded by Councilman Ledbetter. Councilman Spencer wanted Council to consider other alternatives. He thought the appointment of the Mayor as administrator was the right thing to do. He stated that an Acting City Manager could be hired on a temporary basis. Mayor McKillop approved of the form of the motion and did not believe it would slow down the quest for a full time City Manager. Councilwoman Bennington objected to the appointment of Mrs. Blazi as administrator, believing it would give her too much power. She commented that if the Mayor had a full time job, so did Mrs. Blazi, as City Clerk. Councilman Asting assured her that the Council has the total responsibility. Councilman Spencer offered an amendment to the motion, that the duties of an acting City Manager for a period of gO days do not include hiring or firing of departments heads. Councilman Asting said he would prefer not to have his motion amended. Councilwoman Bennington seconded the amend- ment to the motion. Mrs. Blazi explained that the Charter gives the City Clerk certain responsi- bilities, as authorized by the Council, and she is asking the Council to authorize those specific responsibilities. Council Meeting 12/20/82 - 4 - ~ v Mayor McKillop went over the duties of the City Clerk as outlined in the City Charter. Additional duties must be authorized by City Council under Section 56. Councilwoman Bennington suggested leaving everything status quo until the matter is put to referendum and see where they stand. She can make no decisions other than coming before the Council; no hiring, no firing, no major changes in the City government. If there are any problems they have to be brought to Council for consideration. Mrs. Blazi agreed that that was exactly what she had in mind. Councilwoman Bennington offered an amended motion to read that everything stays status quo as it is right now; no major changes are made, no firing or hiring. If there are any problems with any of the departments it should be brought to Council and they will review the position until they put it to a referendum and decide what form of government we want for Edgewater. Councilman Ledbetter seconded the Motion. Mayor McKillop asked the Council to first consider the second amendment, then consider the first amendment, then consider the main motion. Council- man Spencer did not approve of the referendum. Mayor McKillop would approve a referendum if 10% of the registered voters favored this, by signature. The second amended motion offered by Councilwoman Bennington CARRIED 3-2. Councilman Spencer and Mayor McKillop voted No. The first amended Motion offered by Councilman Spencer CARRIED 5-0. Mayor McKillop requested assurance that this main motion is assigning the duties outlined in Section 56 to the City Clerk as additional responsi- bility, but the City Manager Ordinances and responsibilities are all intact. He was assured by the City Clerk that this was the case. The original Motion offered by Councilman Asting CARRIED 5-0. The City Clerk thanked the City Council, on behalf of the City employees, for their contribution to the Christmas party, and gave their message for a very Merry Christmas. Councilwoman Bennington moved that City Hall be closed at 2 p.m. on the 23rd for the employee's annual Christmas party. The Motion was seconded by Councilman Ledbetter and CARRIED 5-0. City Attorney Alvarez noted that the three prior motions concerning the duties of the City Clerk would require a resolution, stating that the existing ordinances which give the office of the City Manager certain powers are going to be vested on the City Clerk. Re. a referendum, this would have to be handled expeditiously because her appointment as admin- istrator is for a gO-day period only. Councilman Asting called Council's attention to the sketch for the addition to the City garage submitted by Mr. Copeland. The addition includes office space, two restrooms and a lunchroom. Mr. Copeland has modified the origi- nal drawing in order to stay within the Federal Revenue funds marked for this addition. Councilman Asting moved to permit Mr. Copeland to go out for bids for the addition as modified on the new drawing. Councilman Asting noted that at the present time there is no separate restroom for women, and there are women employed by the Street Department. Councilman Spencer seconded the motion. The motion CARRIED 5-0. Mayor McKillop questioned why this item was not included under Unfinished Business on the Agenda. It was his feeling that it should have been inclu- ded in Unfinished Business category and packets provided to each member of Council, instead of under Officer's Reports. Councilman Asting agreed that it should have been there, but he had been asked by Mr. Copeland to bring it before Council. Councilman Asting moved that the vehicle purchased for the former City Manager be made available for use by City employees for the conduct of City business, and that the keys be turned over to the City Clerk, who is charged with supervising its use for such purposes, seconded by Councilman Ledbetter. Council Meeting 12/20/82 - 5 - u iJ Councilwoman Bennington inquired about the disposition of the old car and asked if it was included on liability with just anyone driving it. Councilman Asting said the old car is unsafe and has over 300,000 miles on it. He does not believe the City Manager should have his own car. Councilman Spencer disagreed with this, stating he believed the City Manager needed his own car. Mayor McKillop stated that he had asked the City garage to check out the old car to see what kind of shape it is in. Mayor McKillop said he believed that the City Clerk,in her position as Adminis- trator, could make decisions such as this which are a part of the duties of the City Manager. Councilman Asting said that under the circumstances just recited by the Mayor he would withdraw his Motion and Councilman Ledbetter withdrew his second to the Motion. Councilman Ledbetter asked if the additional duties of the City Clerk carried additional money. Mayor McKillop asked the Council to consider what compensation they would recommend. Councilwoman Bennington motioned to TABLE discussion on this issue until the next meeting until they could obtain some figure from the Finance Director. This motion was seconded by Councilman Ledbetter, and CARRIED 5-0. The City Clerk advised the Council that a draft Agenda will be ready by Tuesday before the January 3rd meeting for advertising, which will say "Subject to Change". Council agreed with this procedure on a 50-day basis. Mayor McKillop passed the gavel to Councilman Ledbetter while he took a short recess. Communications: The City Clerk called attention to the letter from Robert Christy requesting Council consider him for the position of Civil Defense Director. She noted that there were 19 certificates listed and attached to the letter. (A copy of the letter is attached to these minutes). Councilman Asting motioned that the position of Civil Defense Director be vacated on December 31, 1982, and that persons interested in the position submit a resume showing their qualifications, and that the Council appoint a Director at its regular meeting on January 3, 1983, seconded by Council- man Ledbetter. The Mayor returned and the gavel was passed back to him. Councilman Spencer said the City has a Civil Defense Director and he saw no need to dismiss him and open it up for new applications. Councilman Ledbetter was concerned about Mr. Vandergrifft holding two positions. Mr. Vandergrifft spoke to Council, informing it that he worked for the State in the Juvenile Detention division and advised that there is no reason he cannot perform the duties of Civil Defense Director as well. He has been Civil Defense Director for the City of Edgewater for approxi- mately one year. Mayor McKillop commented that he believed if a man is doing his job well, there is no need to replace him; any applications received should be held until there is an opening. The Motion offered by Councilman Asting DID NOT CARRY. Councilwoman Bennington, Mayor McKillop and Councilman Spencer voted No. Mrs. Blazi read Carrie McCallister's communication, which advised Council to permit Robert's Rules of Order to prevail at special Council meetings, and also to recommend that Planning Board members who voted reo the Casey Playhouse matter be dismissed immediately. Councilman Spencer made a motion that the communication be accepted, but there be no further dis- cussion of the lawsuit against the City, because it is in the hands of the City Attorney, seconded by Councilwoman Bennington. The motion CARRIED 5-0. Mrs. McCallister spoke to Council advising that she only intended for the discussion to center around the Planning Board. Robert Christy wanted the record to show that he was put on the Agenda under Communications, but was not permitted to speak. The Mayor explained that the question had been called before Mr. Christy asked to speak; the question had not been called when Mrs. McCallister wished to speak. A petition was received calling attention to an offensive odor in the Council Meeting 12/20/82 - 5 - ~ u vicinity of Flagler Avenue, Lake Avenue, Beulah Drive, Mango Tree Drive, Needle Palm Drive, 15th and 16th Streets. Mr. A. L. Austin spoke to Council explaining that the problem seems to come from the Loomis septic tank storage on the McCallister property. Councilman Asting mentioned that Mr. Tipton had complained of a similar problem which appears to come from the golf-cart manufacturing company. Mr. Austin said this is definitely a different odor. Mayor McKillop suggested that Mrs. Blazi try to deter- mine'where the odor comes from, who the owner of the property is and to write a letter to the owner and the Health Department to see how they can help with the resolution of the matter and come back on the 3rd of January with a report. Councilman Spencer suggested that Mrs. Blazi first get in touch with Mr. Wadsworth in the Sewer Department to determine if it is a problem with the City sewer system. Councilman Ledbetter said the Chief of Police has the authority to investigate these properties. Mayor McKillop recommended letting Mrs. Blazi pursue it as she thinks is best, and report back to Council. The Chief of Police reported that he and Mr. Copeland had recently gone to the area, and could not find where anything had been dumped on the north side, and said he would like to look the property over again. Councilman Asting suggested that the odor which Mr. Tipton is talking about in the golf cart establishment be investigated also. The Chief indicated he had talked to Mr. Tipton and Mr. Tipton advised that he would resolve the problem. Councilman Ledbetter motioned that the petition be accepted and recommended the Chief of Police go out to investigate, and asked him to give his find- ings to the City Clerk. If it warrants it, she could contact Mr. Price at the Health Department and make a report on it. The Motion was seconded by Councilman Spencer and CARRIED 5-0. Ordinances and Resolutions: 82-0-32 - AMENDING SEC. 2-26, CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA, ESTABLISHING THE ORDER OF BUSINESS ON THE AGENDA FOR THE REGULAR MEETINGS OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. The Ordinance was read by Attorney Alvarez. Councilwoman Bennington motioned that this is the first reading of the Ordinance and the City Clerk will be directed to act pursuant with the regulations, to advertise for a public hearing and set up this second meeting. Councilman Ledbetter seconded the motion; the motion CARRIED 5-0. 82-0-33 - AN ORDINANCE AMENDING SECTION 604.04 (b) OF THE ZONING ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, TO AMEND THE PERMITTED USES AS SET FORTH IN DISTRICT REGULATIONS OF B-5 PLANNED SHOPPING CENTER IN THE FOLLOWING RESPECT: TO ALLOW SELF CONTAINED DRY CLEANING ESTABLISHMENTS AS A PERMITTED USE WITH CONDITIONS; AND DELETE THE WORDS "LIMITED TO PICK-UP STATIONS": REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. The City Attorney noted that the former Council accepted the recommenda- tion from the Zoning Board; the only remaining item to do is to determine if it is to be a special use, a permitted use, or a special exception. Mayor McKillop questioned if this was properly before Council because it started in November, but the first reading of the Ordinance is not coming up until December. The City Attorney said because it was brought to Council in November, the rest is just a formality. There was a question as to whether or not this matter had gone before the Zoning Board. It was agreed that this Ordinance be considered at the January 3rd meeting, after the City Clerk has had time to check the minutes to determine if the Zon- ing Board has had a hearing. Unfinished Business: Wildwood Drive was considered earlier in the meeting. Councilman Ledbetter motioned that City Boards be TABLED until the January 3rd meeting. Councilman Bennington seconded the motion, which CARRIED 5-0. City Attorney Alvarez spoke about the proposed Referendum concerning the form of government for Edgewater. He noted that there are actually three forms of municipal government: Council with a Strong Mayor, Strong Council Council Meeting 12/20/82 - 7 - u ~ with no Manager, and a City Council with a City Manager. Because the Charter does not require a city manager, yet gives no direct mandate as an alternative, he suggests that the referendum be prepared in such a way that the question is City Manager/City Council form of government - Yes or No. If the voters vote No they have two alternatives: A Strong City Councilor a Strong Mayor, or any other possible combination, so that the matter will then be clarified as an amendment to the Charter. The City Attorney called attention to the fact that he was not directed by the motion to go ahead with a referendum with just a plain Yes or No. Mayor McKillop brought up the status of the Conflict of Interest Ordinance. The City Attorney said that it was being worked on. He is waiting for some additional material. New Business: Rebuilding Traffic Control Signal - U. S. 1 and Park Avenue: Councilman Spencer motioned that the Chief contact the County and State Traffic Departments to find out if the light can be refurbished or must be replaced, and get the approximate cost and report back to Council. The motion was seconded by Councilwoman Bennington, and CARRIED 5-0. Zero Lot Lines: Councilman Spencer motioned to accept the recommendation of the Planning Commission in their letter dated December 10, 1982. The motion was seconded by Councilwoman Bennington. Councilman Spencer offered an Amended Motion to request the City Attorney to prepare the proper Ordinance and submit it to Council at the first regularly scheduled meeting in February. The motion was seconded by Councilwoman Bennington and CARRIED 5-0. The original Motion CARRIED 5-0. Request for Authorization to Bid - Parks & Recreation Department - Commercial Riding Mower: Michael Avery, Parks and Recreation Department Superintendent, spoke to Council reo the worn out mower, and noted that the new mower is in this year's budget under Federal Revenue Sharing. Councilman Ledbetter motioned that Mr. Avery be permitted to go out for bids; the motion was seconded by Councilman Asting and CARRIED 5-0. Parks & Recreation Department - Grant Assistance: Mayor McKillop called attention to the letter from Mr. Avery concerning the grant application for the park and pier across from City Hall. Mr. Avery said the plans call for a three phase project. The Port Authority requested the city contribute toward the Port Authority funds and asked for $1,000 for the first phase, which is for a boat slip and finger docks. The cost for this first phase would be approximately $33,750. Councilman Spencer motioned that Mr. Avery be authorized to proceed with this project and utilize $1,000 out of his budget, seconded by Councilman Asting. The motion CARRIED 4-1. Mayor McKillop suggested that the project be kept in compliance with the Comprehensive Plan. He voted No. Litigation Funds: Mayor McKillop turned the gavel over to Councilman Ledbetter. Councilwoman Bennington said she has checked into this matter and learned that there are ways to provide a litigation fund. Federal Revenue Sharing gives the City Attorney funds to start with; Council needs to decide what the priorities are in Federal Revenue Sharing. According to May, Zima, it is perfectly legitimate to take litigation funds from the Federal Revenue Sharing funds. She would be willing to provide a written report to advise Council where the money is. Council- man Spencer asked what is needed to be done in order to establish such a fund, and secondly, if it is appropriate to take it out of Federal Revenue Sharing. The City Attorney said he was running out of time; by the next meeting if he does not have certain proposals to bring, then they will go to litigation. Once that starts they have to go the whole nine yards. Councilman Asting suggested a Budget Workshop between now and the next meeting to solve the problem and find out where they are going to get the money. Councilwoman Bennington said that when she talked to Connie Kinsey, the Finance Director, and May, Zima, she learned there are other funds available, not just Federal Revenue Sharing. It is just a matter City Council Meeting 12/20/82 - 8 - <..J <.; of where they want to get it from. That is what they have to agree to. The City Clerk suggested getting a report from the Finance Director giving certain options and advising where the money i"s. They would have an opportunity to look it over before the meeting and come up with material for discussion at the next regular meeting. This was agreed with. Councilman Ledbetter motioned to adjourn the meeting. The motion was seconded by Councilman Spencer. The meeting was adjourned at 11 :30 p.m. Minutes submitted by Nancy Blazi City Clerk jt y€~ . ATTEST: c~w~ 2/ g 5-- Y r ~.t4' C ty C e r, . . ~ Approved this:3 day of January, 19~ 7/h/) / ~~~- Mayor ~~ ~~ ~ Council Meeting, 12/20/82 - 9 - Page 1 ~ u Verbatim - Comments of Councilwoman Bennington reo appointment of the City Clerk as Administrator for a gO-day period: Councilwoman Bennington: I have a few comments here. The Motion was to-- read me the motion one more time before I start. City Clerk: Was to appoint the City administrative responsibilities that City Manager for a gO-day period. Councilwoman Bennington. All right. do this? Is it an ordinance that we Clerk to temporarily assume the were designated to the office of First I want to ask you, how do we pass to give her this position, or is it a motion, or is it a resolution. City Attorney: It's a resolution. Councilwoman Bennington: The City Manager's powers and duties is an ordinance. How can we do it with a resolution? City Clerk: Your Charter says that you can give the City Clerk any additional duties. 56. Councilwoman Bennington: Oh. By resolution. Okay. All right. What are they going to call you? Temporary Administrator? City Clerk: You can call me City Clerk. Councilwoman Bennington: Okay. Now in your letter--now I don't mean to be picking on you-- City Clerk: I understand. Councilwoman Bennington: I just have some questions I want to ask. You voted to put the Mayor in charge for 30 days until we decided what we were going to do. Whether we were going to advertise or just what. Now you said here that the position of running the City is a fulltime job. The City Clerk's job is full time. You said the Mayor couldn't do it because he had a full time job. How do you propose to do this without putting additional workload on all the women that are already working there. Is that fair to them? City Clerk: Let me preface this with saying that this has been discussed with my staff, our staff over there. It was suggested by the staff; they are in favor of it. What I have said here is that reassignment of a few duties would assure that the business would go on as usual. Councilwoman Bennington: Without naming names, I have had a few people that have come up to me and said, The City is not running as smoothly as everyone thinks it is. They are not very happy with the way things are going. They don't want to be named. There's troubles. We have other alternatives. I think we're being rushed into something right now that we don't need to be rushed into. The Mayor wanted the 30 days until we decide what we were going to do. Now, 30 days aren't even up and we're going to give the City Clerk the job before we even decide what we want to do. Do we want a City Manager form of government? At this point I think the question is, why not put it to referendum and finish it up and let's get There's options. There's different kinds of government we can have. Let's give the people a vote and settle it once and for all. I'm tired of screwing around and around and beating a dead horse. Q u Page 2 Councilman Asting commented that he f~lt the appointment for a gO-day I ' period would not hurt anything. Councilwoman Bennington: There's one other thing., If ,we pass this motion and then give Mrs. Blazi the position, does that give her the full duties and powers of ,what we had with the City Manager? Does that mean that everything that the Manager his car, the office, does that mean that now everything that he did is now finished? She has total responsi- bility of everything. Councilman Asting: The Council has the total responsibility, Mrs. Bennington. Councilwoman Bennington: You just made a motion to give her full duties of the City Manager. Councilman Asting: Temporarily. Councilwoman Bennington: Temporarily. Right. Councilman Asting: And I think, if,you want to get into a discussion on the car, I think the car should be turned over to the administrative section in City Hall for use by city employees. Councilwoman Bennington: I was using the car as an incident. Now the Mayor took it and we gave him the vote to do it for 30 days. Before the 30 days are up we're coming back and saying, Okay, riow we don't want to do it this way" let's change it again. Whereas the consistency? Councilman Asting: I think, Mrs. Bennington, had you listened, I think Mr. McKillop was favorably inclined toward the motion as made. Councilwoman Bennington: Well, that's what 11m saying. He was inclined to the other one too. Councilman Asting: Well, I think Mr. McKillop has had time to evaluate the job of ,city administrator and he is employed full time and he really can't devote the necessary time to the full time administrator that-- Councilwoman Bennington: But, Mr. Asting, ~e didn't give him the full time administrator. All we gave him was the power to make decisions that could not be made by Mrs. Blazi or the other departments. Councilman Asting: I don't think that's the way it reads. Councilman Spencer offered an amendment to Mr. Astingls motion, that the duties of an acting City Manager for a period of gO days do not include hiring or firing department heads. ea~netrwam~n-&enntngtcrrr-seccrrrded-the-mcrttcrrr. Councilman Asting: I'd prefer not to have my motion amended. Councilwoman Bennington seconded the motion. Councilwoman Bennington: I mean, they're complaining that the City Manager had too many powers; everyone's out there complaining about it, and here we're making a motion to give--nothing against Mrs. Blazi, please. It's not personal--her position the same powers that we just the City Manager for having. Councilman Asting: No. That's not true, Mrs. Bennington. We just repealed a lot of the ordinances that gave special powers to the City Manager. Councilwoman Bennington: We did not-- Councilman Asting: You yourself made a motion to repeal those ordinances. Councilwoman Bennington: We did not repeal thatsape in our code book right now that gives him all the powers and duties. Councilman Asting: It says if one is appointed. We're not appointing a City Manager. Councilwoman Bennington: You Ire appointing an acting City Manager. Councilman Asting: No we're not. o w Page 3 Councilwoman Bennington: That's what your doing. Councilman Asting: We're giving additional administrative duties to the City Cler~, which she is very capable of handling. Councilwoman Bennington: That's what out City Manager does. That's what--- Mrs. Blazi reread the motion. Councilwoman Bennington: I thought you already had those. City Clerk: No. Obviously you all didn't think I had it because you made him Administrative official. Councilwoman Bennington: Administrative Head. Mrs. Blazi: Then who's running what down there? Councilwoman Bennington: You, apparently, from what Mr. Ledbetter has said here in the minutes and all ,IIWe can use Mrs. Blazi and Council can run things beautifully II until it is decided what the people here want to do. Quoted by Mr. Ledbetter. Mrs. Blazi: Bu~ the Council didn't feel that was sufficient so they appointed the Mayor as Administrative official. Now may I just say something for a minute, cause I feel very sorry for the Mayor because he has really been run ragged trying to hold down a full time job and trying to keep things down at City Hall. And it's an impossibility for him - his health and welfare. Councilwoman Bennington: The Charter gives the City Clerk certain responsibilities and under the guidance of the Council, if the Council so wishes, and Mrs. Blazi added that she would be willing to take over for a period, but would not prefer to do so as City Clerk. You're quoted right here as saying that the Charter already gives you the right to do it. Ge~Ret~ City Clerk: No. The Charter does not. The Charter -- Councilwoman Bennington: But you said it did. City ClerK: The Charter gives me certain responsibilities as authorized by the Council. I am asking the Council now to authorize those specific responsibilities. Mayor McKillop: Mrs. Blazi, maybe I can add just a little light on this. I'm going to try. Let's go to page 23 of the Charter. I asked Mrs. Blazi to go through -- there were questions last time -- what are the duties of the City Clerk. Everybody remembers the City Clerk being the kind of a person that did everything in the City. I actually went through and reviewed just what the duties and responsibilities of the City Clerk were. What we found surprised us both. Many things that had been taken for granted were in fact assigned to the City Clerk, were not. They were given to the City Clerk by custom. Council came along and under the section quoted earlier, Section 56, things were assigned to the clerk, but were not in fact part of the Charter, but people always remembered them being part of the Charter but that's where the confusion set in. If you start with section 44, II There shall be a City Clerk, records, financial statements, price estimates for the budget.1I That's actually done by Connie Kinsey shop now, not done by the City Clerk. Section 45, Estimated expense for any work to be done, purchased. Sounds more like Connie Kinsey's shop. Correct me if 11m wrong as we go through this. . . . . Page 4 v v Certification of Funds, 46, upon expenditures of money. City Clerk certifies funds. 47, 48 and 49. Financial books, audit and outside audits. All come under the Finance Department, all comes under Connie Kinsey. 50, Administer Oaths, City Clerk does that. 51, 52, 53, Financial end of things. Connie Kinsey. 54, Responsible for the Journal of Council Proceedings, which is the minutes, the Clerk. Licenses and fees, City Clerk. And then we get the catch all, 56. Other duties as specifically imposed and may be required by ordinances or.:. resolutions of the City Council. That's where we get the additional duties. That's where in the past when people said that the City Clerk was a Director of Personnel the City Clerk was in charge of the City. What they are really talking about is those additional duties and responsibilities that came under the catch-all, 56. Not much different, if you will, than the one that provides for the City Manager that says that his additional duties or his duties will be fixed the same way. There's one in here, section 113 it picks up again; you have to skip quite a bit, and that's the supervisor of plat, where it says the City Clerk shall be the supervisor of plats in the city. He shall provide regulations governing the plating of lands, requires all streets and alleys to be proper width. The City Clerk hasn't done that in years. Nancy, you remember doing that? City Clerk: No Councilwoman Bennington: (Comments can notbe deciphered.) Mayor McKillop: Section 125, Compensation of Officers and employees, all fees and monies received or collected by officers and employees, other than the city clerk shall immediately be paid over to the city clerk on the date of their receipt. That is where they have extraulated the City Clerk's possibility of being head of personnel. From a record keeping point of view, no doubt that the City Clerk is supervisor of elections. What I'm saying is that the duties that we presented two weeks ago, that there was in fact an absence of power with the leaving of the City Manager. There was a reason for action. I see nothing in all this work that Nancy and I did that would break that point apart. There was in fact an absence of power, because we didn't under section 56 assign her back to power. When you start talking in terms of the City Manager's duties and responsibilities are -- I hope there's no one out there that feels that the City Clerk's duties and responsibilities as they pertain to running the City of Edgewater in 1982,83 and 8~ are clearly defined, because they are not. Councilwoman Bennington: Well, all I've been hearing - I worked on the Charter Review Committee - and all I've been hearing is, we have to do everything by the Charter, the Charter, The Charter. Now if you got through saying that we have in the charter all these positions that the City Clerk is supposed to be doing, she hasn't been doing it. City Clerk: Yes she has been doing it. Councilwoman Bennington: You just said Connie Kinsey is doing all the--- City Clerk: . No. Connie Kinsey was made Finance Director by the City Manager. Councilwoman Bennington: It doesn't matter who made her-- City Clerk: Well, it did at the time. It mattered very much. Councilwoman Bennington: That is not the point. All I'm saying is, We're not going by the Charter, so why don't we go ahead and just put this thing on referendum and the motion, if I can make an amendment to the amendment. i . Page 5 u u Councilwoman Bennington: (Continued) Mrs. Blazi, acting City Manager, acting Administrator for the 90 day interim and leave everything status quo until we can put this to referendum and see where we stand. She can make no decisions other than coming before the Council, no hiring, no firing, no major changes in the City Government. If there is any problem it has to "be brought to us and then we will consider it. City Clerk: May I say something? That is exactly what I had in mind. Mayor McKillop: Excuse me, please. That is an amendment to the motion. Is there a second? City Clerk: Wait a minute, now. The amendment originally was no hiring or firing. Mayor McKillop: Thatls an amendment. This is an amendment to the second amendment. City Clerk: Oh, wait a minute. Can we back it all up and start allover? Mayor McKillop: Now get this down. City Clerk: Hold it now. All right. What is your -- would you mind repeating that, Mrs. Bennington, please? If you can. Councilwoman Bennington: I would like it to read that everything stays status quo as it is right now, That the position -- no major changes made, no firing. If there's any problems with any of the departments its brought up to us. Weill review the position, until we put this ~o a referendum and decide or find out what form of government we want for Edgewater~ -Did you get it all? I don't thin~ I can repeat it again. Mayor McKillop: Is there a second? Dave cause 11m going to pass the gavel and second the motion. I want to discuss that. Councilman Ledbetter: You won't have to do that. 11m thinking of seconding it. Mayor McKillop: Thank you Dave. Ledbetter has seconded it. May-we-~e 88wA-tAe-taB+e-f8~-~~e5tt8A5~ May we start with the second amendment, go down the table for questions; get the second amendment out of the way. Then weill take the first amendment, then weill take the main motion. Questions on the second amendment.