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12-09-1982 - Special # '- ~ ~ ~ u u CITY OF EDGEWATER CITY COUNCIL SPECIAL MEETING December 9, 1982 Mayor McKillop called the special meeting to order for the purpose of considering and acting upon (1) review of ordinances and resolutions pertaining to duties and responsibilities of the city manager, (2) Agenda format, (3) Change in policy - exterminating, (4) Christmas bonus - City employees. ROLL CALL Mayor Richard McKillop Councilman David Ledbetter Councilwoman Gigi Bennington Councilman Neil Asting Councilman John Spencer Present Present Present Present Present City Atty. Jose Alvarez City Clerk Nancy Blazi Police Chief Earl Baugh Present Present Present Councilwoman Bennington requested permission to make-a statement. Mrs. Bennington said she wanted to clarify the reason why she voted to adjourn the meeting of December 8, 1982. The Council had spent most of that meeting listening to the same people saying the same things and the Council was not getting anywhere and there seemed to be no reason to keep the meeting going. The Council was elected by the people to make decisions for the people. The Council can continue to rehash what has happened during the past twenty years or we can start working to get the City back on the right track. Mrs. Bennington continued by saying that she ran on a platform of a strong Council/City Manager form of government. A strong Council sets the policies that a City Manager carries out. The manager advises and keeps the Council informed. What we had under the former City Manager was a strong manager who set the policies and told the Council what they should do which was not the proper way to run City business and that is why she voted to terminate Mr. Mitchell's services. Our city is growing and we need a City Manager to oversee the management of Edgewater. We should not waste any more time going over the past, we have a decision to make on what powers our City Manager should have and how and when are we going to hire a City Manager. Also last night she made a statement that New Smyrna Beach had advertised for people to serve on boards. That statement was challenged but she has proof of the advertisement. Councilman Asting responded that he did not say Mrs. Bennington had not seen an advertisement from New Smyrna Beach for board members, he said that he had not ever seen such an advertisement. Councilman Spencer said that he felt the Council should have some input from the public on the matters under consideration on a limited time basis and then no more public input during Council deliberation. Mayor McKillop noted that after last night's meeting, he wondered if the Council had not gone too far in allowing audience participation. The meeting lasted approximately 2~ hours; over one hour was audience participation. The intent of the Council should be to find a happy medium between audience participation and the business meeting. The Council should allow participation at the start of the meeting to give them different view points and then the Council should get down to the business of running the City. Mayor McKillop opened up the meeting for public participation. Mr. Siburn questioned whether the City needed a manager or whether the Council needed a manager. The City finances are not in good shape and we should watch our step. Mr. John Gross asked about applications for board members. Mayor MCKillop replied that no decision has been made on that matter at this time. Mrs. Siburn suggested to Council that the Council wait awhile before considering hiring another manager until they have made up some of the money the former city manager spent. Mr. Walter Gross said that Mrs. Bennington was one of the leaders in supporting audience participation at meetings. He agreed that there was too much talking at last night's meeting. In regard to the hiring of another manager, he believes that if a poll were taken it would prove that over 70% of the people do not want a manager. The former manager cost the City, conservatively, over $50,000.00 in wasted money. Mr. Gross continued by questioning whether we had a Mayor or an administrator. I u ~ He questioned the position of administrator claiming it was not called for in the charter. Mr. Jacob Lodico spoke to the Council about a need for a City Manager. Mr. Richardson said that he believed the City Clerk could handle administrative duties. Mr. Hetu noted that the City was continuing to grow and there was a need for a manager to assist the Council in handling this growth. Mr. Frank Wright told the Council as a representative of the Involved Voters of Edgewater that IVE was for a City Manager form of government. He suggested that the individual Council members poll the people in their zones to find out how they really feel about a City Manager. Mr. Ken Millard spoke about having checks and balances in any form of government to protect the people from the abuses of power. The old coordinator system of Edgewater would not be effective today and the courts have ruled that there are illegal aspects to the coordinator system. The people need more than the Council to run the daily affairs of the City. The Council has the duty and power to appoint someone to manage the daily affairs of the City. No one member of the Council has the power to run the City, only all five working together can determine the policies of the City and direct a manager to carry them out. This present Council can write a job description that describes exactly the duties, power and responsibilities and lines of authority for a manager. The majority of this Council campaigned on the premise that the City needs a manager and the people look to the Council to keep their promise. Councilman Asting ran on the platform that the City did not need a City Manager and he polled over 300 more votes than his opponent. Mrs. Mercedes Hoffman said that as she campaigned throughout the City one of the first questions presented to her was whether or not she would vote for a City Manager. She campaigned against a City Manager and she believes if a vote was taken tomorrow the Council would find out that the City Manager form of government was not wanted in this City. 1b Mr. John Gross said that he believed an incompetent individual was given full discretion to run the City. The Council should decide what should be administered by their direction not managed by one individual. The City should have an administrator who follows the dictates of the Council and administers their policies not someone who would manage or run the City. Councilman Spencer motioned to terminate audience participation, seconded by Councilwoman Bennington. Motion CARRIED 5-0. Councilman Spencer said that the Council was interested in the future welfare of the City although there might be divergent opinions on how to reach certain goals there appears to be an agreement on the general goals. The Council has met this evening to review duties of a City Manager. Some of the Council ran on a platform calling for a City Manager form of government and some Council members ran on a different platform. Now the Council must arrive at the duties they consider most appropriate. Mr. Spencer continued by suggesting that this Council take full advantage of what other cities have determined to be in the best interest of the public as far as the administration of the City was concerned. He requested that the Council review the duties and powers of a City Manager according to present codes and ordinances and resolutions making necessary modifications if it is determined these modifications are necessary. He has studied the charters of neighboring cities and made up a chart showing the duties. Councilman Asting said that the duties of the City Manager are stated in the City Code if the Council so wishes to hire one although it is not mandatory that the Council hire a City Manager. Additional ordinances were passed by a 3-2 vote of the previous Council dealing with City Manager duties and we should be reviewing those additional ordinances. Council Meeting 12/9/82 - 2 - u (.) Councilman Asting motioned to repeal Ordinance 81-0-26 which gave the City Manager the power to call a Special Meeting, seconded by Councilman Ledbetter. The motion CARRIED 5-0. Councilwoman Bennington said that the Council should decide whether or not they are going to hire another City Manager. ICouncilman Asting reminded the Council that the purpose of this Special Meeting was to review ordinances and resolutions dealing with the duties of the City Manager. Councilman Asting motioned to repeal Ordinance 81-0-29 which made the City Manager chief administrator of the City, seconded by Council- man Ledbetter. Councilman Spencer said that this duty was incorporated in the Edgewater Code in Section 2-5.1. Many of the neighboring cities have an almost identical section in their city charters. There was some discussion about the appointing of an Acting City Manager by the City Manager. Upon roll call the motion to repeal DID NOT CARRY 3-2. Councilman Ledbetter and Councilman Asting voted YES. Councilman Asting said that apparently there was a 3 to 2 vote on the Council again and there did not seem to be any need to continue to go through the rest of the ordinances and resolutions that gave extraordinary powers to the City Manager. Councilman Asting motioned to go to the next item on the agenda, seconded by Councilman Ledbetter. Motion DID NOT CARRY 3-2. Councilman Ledbetter and Councilman Asting voted YES. There was a discussion about accepting Councilman Spencer's proposal to review City Manager duties from other cities. Councilman Ledbetter said that if we wanted to use their regulations we should go to that City but otherwise we should stay in Edgewater and have our own rules and regulations. Mayor McKillop said he believed Mr. Spencer only meant to give the Council some ideas of what has worked in other cities not necessarily to mean that Edgewater should adopt these ideas. The Council should look into the different alternatives that might be available. 2a Councilman Spencer motioned to have the City Attorney review a particular section of the Edgewater Code to modify it so that it is in tune with the City. The particular section was Section 2.5 (9) stating the City Manager shall be Director of Public Works, manager of the City water and sewer works and conduct all business with relation thereto as well as all other publicly owned utilities of the city. This does not seem to conform to our present organization, seconded by Councilman Bennington. Motion CARRIED 5-0. Councilman Asting motioned that the question of whether or not Edgewater shall have a City Manager be put on a referendum for the people to decide. The motion was seconded by Councilman Ledbetter. Councilman Spencer said that he believed the people had spoken on this subject when they elected the present Council and did not believe the City should be subjected to another campaign issue. After some discussion the Motion DID NOT CARRY 3-2. Councilman Asting and Councilman Ledbetter voted Yes. Councilman Bennington motioned to repeal Resoluttons 82-R-38, 8l-R-Sl, 8l-R-S3, 8l-R-S4, seconded by Councilman Ledbetter. The Motion CARRIED 5 - o. These Resolutions all pertain to the appointment of Joseph Mitchell as Ci ty Manager. Council Meeting 12/9/82 - 3 - ~ Q Councilman Ledbetter motioned to instruct the City Attorney to draw up an Ordinance to repeal Ordinance 82-0-19, seconded by Councilwoman Bennington. The Motion CARRIED 4-1. Councilman Spencer voted No. Councilman Spencer motioned to put Miscellaneous number 4 after Bills and Accounts, and requested the City Attorney to make such modifi- cations and changes in the City Code to implement this request. The Motion was seconded by Councilwoman Bennington, and CARRIED 5-0. Discussion was had concerning publishing the Agenda. The City Clerk estimated the cost to publish would be approximately $15 to $25. Councilman Spencer thought that a Tuesday cut-off date was too early and recommended it be advertised, but still leave it so that additional agenda items could be added up to Wednesday. The final Agenda would be posted in City Hall, the Civic Center and the library. Councilwoman Bennington was opposed to spending the extra money. Mayor McKillop suggested implementing this after the first of the year, if it is approved, and to give it a 60-day trial period. The Motion was made. by Councilman Spencer that the Agenda be advertised in a local newspaper and this to be done on a 60-day trial period, seconded by Councilman Asting, and CARRIED 5-0. Councilman Asting suggested that Councilpersons be included with Officers' reports of Boards and Committees under item 5. Mayor McKillop did not believe there was a need for it, as the Council can comment on any subject throughout theeveningJ if they wish. Councilman Asting motioned that Council members be offered the opportunity under item 5 of the Agenda Format to make a report on any special conditions he may be aware of in the City. This report would be to both members of the Council and members of the audience present. The motion was seconded by Councilman Ledbetter, and CARRIED 3-2. Councilwoman Bennington and Mayor MmKillop voted No. The City Clerk explained that about a year ago the exterminating contract was terminated for economic reason5~ The City has had a lot of complaints. She advised that the City has gotten two bids; one from Gibson Exterminating for $75.00 per month, which would ~e for all of City Hall, the Community Center, the Police Station, two Fire Departments and extra calls, if they are needed. The other bid is from World Wide Exterminators, Inc. for $1,255, which seems to be for a one-shot deal. The contract the City held previously was for $125. a month. She recommended accepting Mr. Gibson's bid. Councilwoman Bennington motioned that the bid of Gibson Exterminating be accepted, seconded by Councilman Spencer. The Motion CARRIED 5-0. The Motion was made by Councilman Asting that each employee recelve a $15.00 food certificate as a Christmas bonus. The Motion was seconded by Councilman Spencer and CARRIED 5-0. Councilman Asting.!motioned that Council have a meeting with May-Zima for a briefing on City finances on December 15, 1982, at 1:30 p.m. The motion was seconded by Councilman Ledbetter and CARRIED 4-1. Mayor McKillop voted No. Councilman Ledbetter said that the meeting he had been asked to attend with the County about the drainage problems at Wildwood is scheduled for Tuesday at 11 a.m. Councilman Spencer said he felt it was important that the City conclude its negotiations with Martin Paving reo the road paving project in Florida Shores, as soon as possible. Mayoy.McKillop mentioned that the matter was under litigation and the City Attorney is acting as expeditiously as possible. Councilman Spencer offered to work with the City Engineers to help solve the problem, because he is an engineer and would like the Council's approval to work with the City Attorney. Mr. Alvarez said he would like to have City Council representation during negotiations. Councilman Ledbetter said he did not think any councilmen should attend the negotiations. City Attorney Alvarez expressed concern about the cost of litigation CITY COUNCIL SPECIAL MEETING 12/9/82 - 4 - . " u (J ... and where the money would come from to defend the City. The City Clerk said there were no other line items in the City Attorney budget except salary; perhaps Council will have to authorize the Finance Director to put money into the City Attorney's Budget from some other budget. Councilman Spencer motioned that the City Attorney proceed with the work that he has to do, bill the City and we will get a report from the Finance Director. If she feels that a special meeting is necessary to move money then she can make that recommendation. The Motion was seconded by Councilman Ledbetter and CARRIED 5-0. Councilman Ledbetter motioned to adjourn and Councilman Asting seconded the Motion. The meeting was adjourned at 9:55 p.m. Minuted submitted by Nancy Blazi ~~ ~a~ Councilman -aD' ~ xJ ~'I7-~m/~ Counc' ma' . '/u:i.f8 t:D.~ '. t<'D ~Ull'l.... ~~ Councilman tp{/ ~ fdb cou~p~ ~ ATTEST: ,J Approved this a day of ~19~. ta~~~ Ma or ' City Council Special Meeting 12/9/82 - 5 -