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10-04-1982 - Regular . . u ~ u . CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING October 4, 1982 Mayor Christy called the meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor Robert Christy Councilman Jacob Lodico Councilman David Ledbetter Councilman Wilbert Pendleton Councilman John Wilbur Present Present Present Present Present City Atty. J.B. Alvarez City Mgr. Joseph Mitchell City Clerk Nancy Blazi Police Chief Earl Baugh Present Present Present Present There was a silent Invocation and a salute to the Flag. * Approval of Minutes: The City Clerk requested that on page 8, Councilman Lodico's NO vote be changed to YES. Councilman Pendleton motioned to approve the minutes of September 20, 1982, seconded by Councilman Lodico. Mayor Christy said that he did not believe the minutes were complete. Upon roll call the motion to approve CARRIED 4-1. Mayor Christy voted NO. Bills and Accounts: Mr. Mitchell requested that a supplement bill from the Fire Dept. be included in the bills and accounts. Councilman Wilbur motioned to add the bill and pay the bills and accounts, seconded by Councilman Pendleton. Councilman Ledbetter raised the question about books and other City documents that have not been returned by the former City Attorney. Mr. Mitchell replied that all the material has not been returned to the City. . Councilman Ledbetter motioned to withhold all payments to Henderson and Henderson until all books and documents have been returned to the City, se~onded by Councilman Lodico. . Upon roll call the vote on the amendment CARRIED 4-1. Councilman Pendleton voted NO. Upon roll call the vote to pay bills and accounts CARRIED 4-1. Mayor Christy voted NO. Councilman Wilbur suggested that the new City Attorney should contact Henderson and Henderson and try and work out this problem. Communications time. The City Attorney said that he had no report at this The City Manager and Department Head reports have been given to Council. Mayor Christy noted that a request has been made to have the Council decide on a mutual aid pact for the Police Department. Mr. Mitchell said this was not on the agenda because more information was needed. Mayor Christy replied that it appeared as if nobody cared about this and he wanted that noted in the record. u (,) Council Meeting 10/4/82 - 2 - The City Manager spoke to the Council about grants and noted that the Mayor had suggested the City interest itself in two grants which involve low income persons and/or blighted areas. One grant involves tax credit to provide jobs for improvement of slums or blighted down- town areas. The City does not have these kinds of areas so it would be pointless to apply for this grant. The other grant is for land acquisition and site development aimed at low income housing. This also does not appear to be the type of project the City should get involved in. Mr. Mitchell added that the Park and Recreation Board is presently working on a grant that could utilize the donation of park land, specifically Menard May park, to match funds that would help improve this park area. The application should be ready prior to the October 31, 1982 deadline. Mr. Phinney requested permission to speak to Council asking that the last paragraph of Mr. Mitchell's report to the Council be read. This relates to a report of a carbon monoxide leak in the auditorium which Mr. Mitchell, in his report, stated might well be the cause of the erratic behavior at council meetings. Mr. Phinney added that he did not feel the City Manager should be making jokes about the citizens who attend the Council meetings. Councilman Lodico apologized for laughing during a speech made by a candidate at the candidate's night last Friday. There was a roach running around in circles near where he was sitting and it was this he found amusing not the candidate's speech. Ordinances and Resolutions: Ord. 82-0-29 - AN OR DINANCE OF THE CITY OF EDGEWATER, FLORIDA AMENDING SEC. 7-21, CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA, AMENDING SEC. 107.4 (f) OF THE STANDARD BUILDING CODE AS ADOPTED BY THE CITY OF EDGEWATER, FLORIDA BY SECTION 7-20, CODE OF ORDINANCES, CITY OF EDGEWATER, FLORIDA TO PROVIDE THAT REINSPECTION FEES SHALL BE INCREASED; PROVIDING FOR A FEE FOR UN- SCHEDULED REINSPECTIONS; PROVIDING FOR A PUBLIC HEARING; AND PROVIDING FOR AN EFFECTIVE DATE. The City Attorney read the ordinance in its entirety. Councilman Wilbur motioned to adopt this ordinance, seconded by Councilman Lodico. Mr. Nolan spoke to the Council concerning the fact that this would be as much of a benefit to the Building Official who is under contract as it is to the City. There was a discussion about the merits of having an employee as the Building Official versus the present contract system. Mr. Gross reminded the Council that at a previous meeting the Councilmen present at that meeting had all indicated they favored hiring a Building Official as an employee rather than continue the present contract system. Upon roll call the motion to adopt DID NOT CARRY 5-0. Ordinance 82-0-31 - AN EMERGENCY ORDINANCE AMENDING ORDINANCE 82-0-30 ADOPTED SEPTEMBER 20, 1982, ENTITLED "AN ORDINANCE SETTING A FINAL BUDGET AND APPROPRIATING REVENUES TO BE COLLECTED FOR THE CITY OF EDGE- WATER, VOLUSIA COUNTY, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1982, AND ENDING SEPTEMBER 30, 1983"; FOR THE PURPOSE OF PROVIDING A FIVE PERCENT WAGE INCREASE TO ALL FULL TIME CITY EMPLOYEES FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1983; PAID THROUGH AVAILABLE APPROPRIA- TIONS IN THE GENERAL FUND; THE WATER-SEWER FUND AND THE REFUSE COLLECTION FUND; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; 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 AND PROVIDING FOR AN EFFECTIVE DATE. v ~ Council Meeting 10/4/82 - 3 - Councilman Lodico motioned to adopt this ordinance, seconded by Councilman Wilbur. Motion CARRIED 5-0. The City Attorney requested a second roll call on Ord. 82-0-31 adopted on an emergency basis. Upon roll call the motion CARRIED 5-0. Resolution 82-R~56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PURSUANT TO SECTION 170.03, FLORIDA STATUTES, DECLARING THE RATE OF INTEREST CHARGE AND THE TERM OF ASSESSMENTS LEVIED AGAINST BENEFITED PROPERTIES AND THE DISCOUNT FORMULA FOR THE PURPOSE OF CONSTRUCTION OF HARD SURFACE STREETS WITHIN THE CITY OF EDGEWATER, FLORIDA. / The City Attorney read this resolution in its entirety. The resolution calls for a discount equal to 4% of amount assessed for a cash payment and for those assessed parties who wish to pay by installment, a finance plan for sixty (60) equal monthly payments at an interest rate which, at the time of mailing notices of assessment, equals the highest rate offered for city governments in Volusia County, plus 1%. Councilman Lodico motioned to adopt this resolution, seconded by Councilman Pendleton. Councilman Ledbetter noted that most of the streets in Edgewater had been paved with County tax money and he could not see assessing individual property owners for street paving. 2a Mr. Asting told the Council that it appeared as though the people who could least afford this assessment would end up paying more than those people who could pay cash at the time of billing. Mr. Asting referred to a memo from the City Manager to the Finance Director concerning the road paving loan and asked if the loan had been consummated. Mr. Mitchell replied that the loan was not consummated because it has not been made. Mr. Asting noted that the City would be taking money from enterprise funds, specifically Rubbish fund which is an enterprise fund. Mr. Mitchell said the City would be taking the money from available pooled cash unrestricted and it will be repaid. Mr. Asting said he had spoken to the auditors and they indicated this funding plan should be studied by the City Attorney before implementation. Mr. Gross asked who would be paying for the intersections. He was told the City would pay for the intersections. There was a rather lengthy discussion concerning the number of property owners involved. Councilman Pendleton reminded the Council that the people in Florida Shores wanted paving. Upon roll call the motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Resolution 82-R-57 - The City Manager explained that in the development known as Shangri-La Village on Route 1 on the west side near the Drive-In, the Planning Commission required certain drainage facilities. The land owned by the developer is insufficient to handle this and they require an off-site drainage ditch. This agreement allows the developer to construct drainage facilities on school property and to maintain these facilities. u 'I Council Meeting 10/4/82 - 4 - Councilman Ledbetter questioned where these drainage facilities would eventually lead to, specifically would it be towards Gabordy Canal or the river. They have had serious problems in the areas north of the school during flooding periods. There was a rather lengthy discussion concerning the area, the engineer's study of this area and the previous problems in the general area due to improper drainage. Councilman Ledbetter motioned to TABLE this for more information from the engineers, seconded by Councilman Pendleton. Councilman Ledbetter stated that the Council needed assurance that this would not add to the present flooding problems in the area. Upon roll call the motion CARRIED 4-1. Councilman Lodico voted NO. Unfinished Business: Mayor Christy noted that the Council had tabled action on the establishment of articles of incorporation for the Park and Recreation for funding for recreational programs. Mr. Mitchell replied that certain Councilmen had expressed the feeling that the Edgewater Athletic Association was sufficient to fund these recreational programs and that an additional funding program was not necessary. 2b The question was raised whether or not the Edgewater Athletic Assoc. was, in fact, incorporated. Mayor Christy said he did not believe they had filed papers in Tallahassee. The attorney will check into this. New Business: Councilman Wilbur requested that a bus shed be built at Willow and 22nd St. There are a number of children who wait at this corner and they need a bus shelter. Mr. Mitchell said he would look into this matter. Councilman Lodico suggested that a cap be put on the amount of money the Mayor can spend at the convention in Miami. Mayor Christy said it would be approximately $400 to $500. Councilman Lodico motioned to limit the Mayor to $400.00, seconded by Councilman Wilbur. Councilman Ledbetter said that he hated to see this type of pettiness because the Mayor is still the official head of the City and he should be sent with this in mind. Upon roll call the motion DID NOT CARRY 3-2. Councilman Lodico and Councilman Wilbur voted YES. Approval of Union Contracts: Mr. Mitchell thanked Mrs. Blazi for the fine job she did in negotiating these contracts. There appeared to be a last minute problem with the PBA contract but it was agreed to trade off additional callout pay for the wage increase and all contracts have been ratified by the bargaining members. Councilman Wilbur motioned to accept the three bargaining unit contracts. Councilman Ledbetter requested that they be taken one at a time. Councilman Pendleton motioned to accept the PBA (police) contract, seconded by Councilman Ledbetter. Motion CARRIED 5-0. Councilman Wilbur motioned to accept the PEA (general employees) contract, seconded by Councilman Lodico. Motion CARRIED 5-0. u ~ Council Meeting 10/4/82 - 5 - Councilman Lodico motioned to accept the SPEA (supervisor's) contract, seconded by Councilman Pendleton. Councilman Ledbetter said he felt that the supervisors were part of management and should not have a union. Upon roll call the motion CARRIED 3-2. Councilman Ledbetter and Mayor Christy voted NO. Employee's Wage Increase: Mr. Mitchell said that since the Council has approved a wage increase for the union members, he is asking them to consider the same increase for all employees. Councilman Ledbetter said he thought that the managerial part was excluded from the contracts. The City charter states there shall be a City Clerk, Police Chief and City Attorney but they were not included in the union agreements and neither is the City Manager. Mr. Mitchell replied there appeared to be a mistake, he meant the City Clerk and Police Chief would be included with all employees. Councilman Lodico motioned that all full time employees except temporary employees would receive the 5% wage increase, seconded by Councilman Wilbur. The City Clerk told the Council that there are a few employees in the City who chose not to join any union and there are also about four employees that were not able to join any union even if they wished to because Tallahassee (PERC) excluded them from any bargaining group. If it is the Council's pleasure, the 5% wage increase may be extended to those employees who did not join unions and also those employees who could not join unions. Councilman Wilbur suggested that perhaps the motion should be that employees not covered under union contracts should receive the 5% wage increase. Councilman Lodico said he would change his motion to grant a 5% wage increase to all members of the general employee's bargaining unit, to all members of the supervisory bargaining unit and to all non union employees including the City Manager effective October 1, 1982. Councilman Wilbur said he would second the revised motion. Councilman Pendleton noted that the PBA was not included in the motion. Councilman Ledbetter read from notes attached to the agenda which was an employee's wage increase motion - to grant a 5% increase to all members of the general employee's bargaining unit, to all members of the supervisory bargaining unit and to all non union employees including the City Manager. He added that he guessed that included the Chief of Police and the City Clerk. Mr. Mitchell said that it did and the other note concerned the ratification of the PBA contract. Councilman Ledbetter continued by saying the other note stated that if the police agree to a 5% wage increase in exchange for a minimum 3 hour callout pay then their contract should be ratified. Mr. Wargo spoke to the Council concerning the law that says all employees are covered by union agreements whether they are members or not except for grievance procedures. Mr. Garthwaite questioned a raise for the City Manager. This would mean a $5650.00 raise (since June 6, 1981) which is very good. Mr. Opal told the Council that the City Manager is under a contract and should not be included with the general employees. ~ , ' v ~ Council Meeting 10/4/82 - 6 - The City Attorney said that if it is the pleasure of the Council to grant a wage increase to all employees irrespective of classifi- cation, their decision is proper. Mr. Bennington said that employees who are authorized to belong to a bargaining unit would be covered but employees who are not authorized to belong would not be covered. Upon roll call motion DID NOT CARRY 3-2. Councilmen Lodico and Wilbur voted YES. Councilman Ledbetter said that he would not want to exclude the City Clerk, the Police Chief or the City Manager's secretary but 3a the City Manager is on a $25,000/yr. contract therefore, he would make a motion to grant a 5% wage increase to the City Clerk, the Police Chief and the City Manager's secretary but excluding the City Manager. Councilman Wilbur asked the City Attorney if it was legal to exclude one employee. Mr. Alvarez said this was legal. Councilman Wilbur seconded Councilman Ledbetter's motion. Upon roll call the motion CARRIED 4-1. Councilman Lodico voted NO. The City Clerk reminded the Council that the Code of Conduct and the job classifications have been included in the ratified contracts and should be included in the Personnel Guide for all employees. Councilman Ledbetter said that the Merit Board can only represent non union employees. The City Clerk said that the Merit Ordinance is in effect for all employees because that was passed ~ referendum. The job classifi- cations and Code of Conduct have been accepted by the unions and this needs to be accepted for all employees. Union members would carry grievances through union procedure, non-union employees woule carry grievances through Merit Board procedure. The City Attorney told the Council that the City has just finished negotiating with three bargaining units. Those three contracts spell out terms and conditions of employment for those employees within each of those bargaining units. There are other employees who are not within those bargaining units and if it is the pleasure of the Council to grant or not grant those employees, all of them or some of them, any other benefit of employment it is at the discretion of the Council. Councilman Pendleton motioned to accept job classifications and code of conduct into the revised Personnel Guide, seconded by Councilman Wilbur. Mr. Gross said that at the last Merit Board meeting the Code of Conduct and job classifications were read but there was no recommendation to approve. The City Clerk replied that only the Merit Ordinance was read at the last Merit Board meeting. The job classifications had already been approved by the Merit Board and sent to Council some time ago. There was a discussion about classifications because the Council had not yet approved these classifications. Upon roll call the motion CARRIED 4-1. Mayor Christy voted NO. ~ y Council Meeting 10/4/82 - 7 - Purchase of pipe The City Manager informed the Council that it was necessary to purchase culvert pipe in connection with the Florida Shores road paving program. The total cost $3,659.60. Councilman Wilbur motioned to purchase this pipe, seconded by Councilman Ledbetter. Motion CARRIED 4-0. (Mayor Christy was temporarily absent for this vote) . The City Manager continued by saying that the police department had been authorized to purchase a new copier from FRS funds. They can obtain a new copier for $1500. ~ue~tQa~ trade-in on their present copier. He needs Council approval for this purchase which was authorized in the budget. Councilman Wilbur motioned to approve the purchase of the copier, seconded by Councilman Lodico. Motion CARRIED 5-0. The City Manager said that the Council had approved at a budget session the purchase of a dump truck, this is the truck prescribed as a single supplier item allowable under the purchasing plan and the cost is $15,000. Councilman Wilbur motioned to purchase this truck, seconded by Councilman Pendleton. Councilman Lodico said he had not been at the budget session where this purchase was discussed. Mayor Christy requested that the City Attorney read a section of the purchasing manual regarding single source of supply. Purchases of supplies, equipment and contractual services from a single source may be excepted from bid requirements upon certification by the City Council stating the conditions and circumstances requiring the purchase. This certification shall set forth the purpose and need and why the item is the only one that will produce the desired results. Upon roll call the motion DID NOT CARRY 3-2. Councilmen Pendleton and Wilbur voted YES. Mayor Christy remarked that the purchase order for this truck has already been issued. The City Manager requested the Council consider the purchase of a portable welder for the Public Works Dept. The cost is $1,305.00. Councilman Wilbur motioned to purchase this welder, seconded by Councilman Ledbetter. Upon roll call motion CARRIED 5-0. Councilman Wilbur said he would like to continue the discussion on the dump truck because he believes that the Council did approve having Mr. Copeland go ahead on getting this dump truck. Mr. Mitchell said that the matter of the dump truck was brought to the Council purely as a technicality. In the budget sessions, Mr. Copeland explained this truck to the Council completely, and the Council, in effect, gave him approval in his budget for that parti- cular truck and therefore, a purchase order contingent upon approval of the Council was issued which can be cancelled but there is a matter of good faith involved here. Mayor Christy said that he still did not believe this purchase was legal. Councilman Wilbur said he did not believe we could go out for bids and buy a truck exactly like this particular truck. A . . Q ~ Council Meeting 10/4/82 - 8 - The City Attorney said that if a purchase exceeds $2,000 there is a specific procedure. There is an exception for single source commodities. Mr. Mitchell has stated that this truck is being purchased from a single source supplier which would bring it within the exception. The Council may need to be advised as to why this is a single source supplier so that they could certify this purchase. 3b Mr. Mitchell said there is apparently a question about this truck so a hold will be put on the purchase order. The truck will be brought in for the Council to inspect and then at the meeting of the 18th you can make up your mind. The City Manager said they had received quotes from salvage companies for the police car that was totalled in Sgt. McEver's accident. The quotes are for $35.00 and $100.00. He recommends the $100. quote. The car has been used as a demonstration vehicle against accidents butr the City now wants to sell this vehicle. Councilman Wilbur motioned to accept the $100 bid, seconded by Councilman Pendleton. Motion CARRIED 5-0. Miscellaneous: Mr. Opal spoke about the former City Attorney and the fact that the City had not received all the material that should have been returned when a new City Attorney was appointed. It was pointed out that this matter had already been resolved by the Council and the new City Attorney would handle the matter. Mr. Phinney discussed the contract for a water management agreement with the developer of a new subdivision. He added that he felt the Council had not been fully informed of the fact that the City would be responsible for the maintenance of this drainage system. He suggested that a bond be posted to protect the City from any future problems in this area. Mr. Gross asked how it was possible for the Planning Commission to lift a license of a local business and noted that he believed this was the responsibility of the Council. The City Attorney said that he was not familiar with all the facts of this case and would not like to comment at this time. Mr. Mitchell told the Council that there had been a meeting on this matter and the owner of the business was notified that Council would have to discuss the problem and would probably do so at their next meeting. Mr. Mitchell added that he now understood that the business had closed. Mr. Gross continued by criticizing the fact that the Mayor had not been allowed to bring something up for discussion because it was not on the agenda even though there were quite a few items discussed that were not on the agenda and he also noted that it must be close to election time because he was allowed to speak more this evening than he had been for the past year. Mr. Montesano questioned the use of City vehicles and personnel to put fill onto private property in the Wildwood areas and wanted to know if he could have the City do some work on his property. Mr. Mitchell noted that there was no direct cost and that the Council had authorized work be done to improve the drainage problems in the area.. He would have a report on this project for the next meeting. Mayor Christy said he never voted that kind of authorization. The City Attorney noted that they were hinting that there had been some misuse of City property which is a very serious charge and should not be discussed further until they have all the information on this matter. Councilman Pendleton pointed out that the Council was petitioned by residents of Wildwood to do something about their drainage problems and he did not believe that any of these residents were complaining about the work the City had done to improve flooding conditions in the area. Mr. Muller requested permission to use the P.A. system for the next C.O.E. meeting. permission was granted. Mr. Asting discussed the license revocation. Councilman Ledbetter wanted to know where the Planning Commission got the authority to act in this matter. Mr. Nolan spoke to the Council about the accusations that have been made prior to checking all the facts in the case. He briefly summarized the events leading up to the recommendation of the Commission to revoke this license. The Commission had authorized a conditional license with certain regulations that the owner agreed to follow and there would be a review of this business within a six month period. ~- --.- . . 9 9 .- . .. Council Meeting 10/4/82 - 9 - 4a Mr. Nolan continued by saying that the Commission did review this business and the complaints that had been received concerning the misconduct of many of the young people who used this game room. There was no misconduct inside of the business but adjacent business owners had many complaints about all the young people that hung around outside. It was the opinion of the Commission that this area was not suited to the game room type of business. It was pointed out that since there might be a lawsuit pending: there should be no further discussion on this matter. Mrs. Webber told the Council that she had been trying to get information from the City about the work that the telephone company was doing in her neigh- borhood and so far had not been given any answer. Mr. Mitchell said he believed this was routine work and that the telephone company was the best place to find out exactly what work was being done in the area. Mr. Clinton criticized the Mayor for allowing members of the audience to constantly ridicule the City Manager and never call them out of order and added that this is not the proper way to run a meeting. Mr. Mackie questioned the issuance of a temporary license since he was under the impression that the City did not issue any temporary licenses. Mayor Christy said that he would have the City Attorney check this matter. Councilman Wilbur motioned to adjourn the meeting seconded by Councilman Pendleton. The meeting was adjourned at 10:15 P.M. Minutes submitted by: Nancy Blazi ~ST' t .-d1<J1. ..4~" 1. y Cl rk ~~1:/Ic/?l~p~ C ~. ~ ~ ~'