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08-01-1983 - Regular ~ _,t V'.- ." o o CITY COUNCIL OF EDGEWATER REGULAR MEETING AUGUST 1,1983 MINUTES Mayor David Ledbetter called the meeting of Council to order at 7:00PM in the Community Center. ROLL CALL Mayor David Ledbetter Councilman Melbourne Wargo Councilwoman Gigi Bennington Councilman Neil Asting Councilman Jack Spencer Present Present Present Present Present City Attorney Josel Alvarez City Clerk Connie Kinsey Police Chief Earl Baugh Lt. Bill Rickelman (replacing Chief Baugh) Present Present Excused Present Reverend Harvey Hardin gave the invocation. There was a salute to the flag. APPROVAL OF MINUTES Special Meeting of July 14, 1983 - Councilman Asting moved to adopt these minutes. Council- woman Bennington seconded the motion. Councilman Spencer announced that he will vote no on all the minutes submitted tonight since he was absent from those meetings. ~10tion CARRIED 4-1. Councilman Spencer voted NO. Regular Meeting of July 18, 1983 - Councilwoman Bennington moved to adopt the minutes. Council- man Asting seconded the motion. Motion CARRIED 4-1. Councilman Spencer voted NO. Special Meeting of July 20, 1983 - Councilman Asting ~oved to adopt these minutes. Council- woman Bennington seconded the motion. Motion CARRIED 4-1. Councilman Spencer voted NO. Special Meeting of July 25, 1983 - Councilman Asting moved to adopt these minutes. Councilman Wargo seconded the motion. Motion CARRIED 4-1. Councilman Spencer voted NO. BILLS AND ACCOUNTS Councilwoman Bennington moved to approve the bills and accounts. Councilman Wargo seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS Mr. Frank Opal, Florida Shores, stated that he had informed Council two weeks ago ofa matter of vital importance and hels doing so again to avoid litigation. He suggested that Council immediately seek, search, repeal and nullify Ordinance 82-0-3 as its enactment on January 28, 1982, was not in compliance with Florida Statutes which requires a two-thirds vote. Mayor Ledbetter asked the City Attorney to check into this and get back to Council on it. City Attorney Alvarez said the question is what is two-thirds of a five-member Council. Mr. John Bevel, member of the Edgewater Volunteer Fire Department and past Chief, asked Council to meet with the Fire Department to review the escrow account for fire equipment which has been requested numerous times in the past. Mayor ~edbetter stated the millage has not yet been set from Mr. Turner1s office and helll get in touch with them when they know how much money is available. Mr. Chuck Chamberlin, an employee of the City in the Refuse Department, spoke to Council regarding an employee problem in his department. He said hels talked to his supervisor on this but the employee involved gets nothing more than a verbal reprimand. He suggested Council members talk with other employees in the department regarding this. He also asked why he couldn't get an increase in salary when he was given additional responsibility for individuals on the truck. Mayor Ledbetter asked City Clerk Connie Kinsey to try to clear this matter up in her office, and said held been advised of the situation before but he wanted the entire Council to be aware of it. COUNCIL/OFFICERS REPORTS & BOARDS & COMMITTEES Council Reports - Councilman Asting said he received a protest with over 100 signatures on it regarding the City's taking over the space in the Community Center for City administrative offices. He said the people wanted the Community Center for their use since it was built for them and by them. Councilman Asting moved that they abandon the space that was recently taken by the City and restore it to the people. Mayor Ledbetter stated that Council was well aware of the intent to split the room to use it for Planning and the Building Official. Councilman Asting said he didn't think we needed the space as there are only two people in the back office in City Hall. !'.lotion DIED for lack of second. .VI '," o Q COUNCIL/OFFICERS REPORTS & BOARDS & COMMITTEES (continued) Council Reports (cont'd) - Councilman Asting said he has received calls regarding a letter addressed to Governor Bob Graham that had allegations regarding political dishonesty. He read portions of the letter and distributed copies to Council members. Councilman Asting said he feels this is an effort to create distrust in this Council and he feels it's just a gimmick to keep the City in turmoil. Councilman Spencer said he had seen the letter and felt it.s a discredit to the City that people would circulate something of this nature. Councilwoman Bennington said she felt that if someone has allegations they should come for- ward and confront them. Mayor Ledbetter asked the City Attorney if he had any comments and City Attorney Alvarez said weld wait to see if we hear from the Governor's office. Councilman Asting and Councilman Spencer both had talked with the auditors, Brent Millikan and May-Zima, and the auditors had assured them if there was a misappropriation of $500,000.00 they would certainly be aware of it. Councilman Spencer spoke on evaluations of personnel, and moved that the Council approve the scores for Chief Earl Baugh. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Councilman Spencer moved to approve the evaluation scores and the recommendation of a 3% increase retroactive to the anniversary date of May 17, 1983, for Utilities Superintendent Terry Wadsworth. Councilman Wargo seconded the motion. Motion CARRIED 5-0. Councilman Spencer moved that each member of Council complete the evaluation form for City Clerk Connie Kinsey and that they be turned in to one Council member and that person will average the scores of the five evaluations and would announce that result to the Council and would also review the evaluations with City Clerk Kinsey and see that it's filed in her personnel file. Councilman Asting seconded the motion. Councilwoman Bennington asked the intent of the evaluation other than placing it in her personnel file. Councilman Spencer said he felt it!s important that all employees be evaluated annually and Ms. Kinsey is overdue for her evaluation. He said the evaluation would be based on her past performance and not on her new position. ~lotion CARRIED 5-0. Councilman Spencer moved to have Councilman Wargo as the person to whom they would,submit their individual reports. Councilman Asting said he didn't think Councilman Wargo would know enough about Ms. Kinsey.s work since he was new to the Council an9 felt some- body more experienced should be designated. Councilman Asting moved to nominate Councilman Spencer for this evaluation. Councilman Wargo seconded the motion. Motion CARRIED 5-0. Councilman Spencer expressed his interest in attending the Florida League of Cities annual convention from October 13 to 15. He estimated about $267.00 for expenses which would cover the hotel, registration, and a seminar, for the three-day convention. He noted that somebody should be designated as the official voting delegate from the City. Councilman Asting moved to TABLE this until September. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. City Attorney Reports - There were no reports from the City Attorney at this meeting. City Clerk Reports - City Clerk Connie Kinsey said the motion made June 6, 1983 regarding overtime pay for supervisors needed to be clarified. She suggested a motion that would not include anyone in the bargaining unit. Councilman Asting made that motion and Councilman Spencer seconded the motion. Motion CARRIED 5-0. City Clerk Connie Kinsey said the 30-day extension of probation for the Building Official will be up on August 12th and since there isn't another regular Council meeting scheduled before that date, she recommended a meeting with the Building Official. Councilwoman Bennington suggested having the Building Code Board talk with the Building Official to come up with guidelines to establish our Building Department. Councilman Wargo said with the problems on West Park Avenue he doesnlt want other advice. Councilman Spencer said he thought it's the Council IS responsibility to get with the Building Official and make a decision. Councilman Asting suggested an August 11th Special Meeting. Councilman Wargo moved to have a Special Meeting on Thursday, August 11th. Council members agreed to 10:00 AM for the meeting. Councilman Asting seconded the motion. Motion CARRIED 5-0. City Clerk Connie Kinsey said she received a letter of resignation from the Citizen Code Enforcement Board but it was too late to be included on the agenda. She read the July 29th letter from Mr. James Whittet, Jr. Councilwoman Bennington moved to accept the resignation. Councilman Asting seconded the motion. Motion CARRIED 5-0. -2- Regular Council Meeting Minutes August 1, 1983 ~ ~ ~ o o COUNCIL/OFFICERS REPORTS & BOARDS & COMMITTEES (continued) City Clerk Reports (cont'd)- City Clerk Connie Kinsey asked Council's permission to advertise and set up a board pool and when there's a vacancy they can go to that pool and select from qualified people. She would put a paid ad in the News & Observer. Councilman Wargo moved to approve this request. Councilman Spencer seconded the motion. Councilwoman Bennington stated she's been trying to do this since she was elected and thought it's the best thing we can do. Motion CARRIED 5-0. City Clerk Connie Kinsey said the proposed millage has to be submitted by August 11th and she has set four tentative dates for workshop sessions and public hearings, based on the time schedule between advertising and public hearings,which is set by State Statutes. She asked Council's authorization to set the Budget Workshopsfor the General Fund only for Monday, August 8th at 10:00 AM and Tuesday, August 9th at 10:00 AM. She suggested as a tentative date for when these are completed to have them certified and a resolution for 7:00PM on September 12th and the second public hearing to be 7:00PM on September 22nd. Council members discussed the need for a Special Meeting for bills and accounts early in September since the scheduled Council meeting would fall on Labor Day. It was agreed to have a Special Meeting on Wednesday, September 7th for bills and accounts and any other business that is necessary. Mayor Ledbetter advised the City Clerk to schedule these workshops and public hearings. City Clerk Connie Kinsey said the Parks and Recreation Department removed a five-foot section from the end of the existing pier for safety reasons until we get the grant money and new construction gets underway. Utilities Department - Request for authorization to bid for filter media replacement - Councilman Asting moved to authorize Terry Wadsworth to go for bids of the filter media replacement. Councilman Wargo seconded the motion. Motion CARRIED 5-0. Public Works Department - Request for authorization to re-bid diesel tractor - Councilman Asting moved to authorize the Public Works Department to go out for bids on the diesel tractor. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Parks and Recreation Board re: Live Christmas Tree - City Clerk Connie Kinsey read the letter from the Parks and Recreation Board secretary regarding their recommendation to purchase a live Christmas tree to be planted in front of the Community Center. Councilwoman Bennington moved to accept their recommendation. Councilman Asting added to the motion that the Parks and Recreation Board form a committee of two or more members and contact nurseries to find out the type of tree that would be desirable and the cost. Councilman Spencer said held talked with Kennedy's Nursery and was told this is the wrong time of year to plant trees and to wait until cooler weather. Councilwoman Benninoton aQreed to Councilman Asting's addition to her motion. Councilman Spencer seconded the motion. ~Motion CARRIED 5-0. Industrial Development Board - Resignation of Mr. Tom Greuter - City Clerk Connie Kinsey read the letter of resignation from Mr. Tom Greuter. Councilman Spencer moved to accept Mr. Greuter's resignation. Councilman Asting seconded the motion. Motion CARRIED 5-0. Planning Commission re: SP8219 (Mr. Luis Geil) - City Clerk Connie Kinsey read the July 26th memo from Mr. Don Bennington, Chairman of the Planning Commission, regarding the Luis C. Geil apartment complex on West Marion Avenue. Councilman Spencer moved to accept the letter from the Chairman of the Planning Commission. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Police Department re: Radio conversion request - City Clerk Connie Kinsey read the July 26th memo from Earl Copeland, Public Works Superintendent, and the July 20th memo from Terry Wadsworth, Utilities Superintendent, regarding their share of the cost of the radio conversion. There was a discussion as to whether this issue had been defeated at a former meeting or if it was tabled for a full Council. Councilman Asting moved to approve the Police Department's request for the new radio channel. Councilman Spencer seconded the motion. Councilwoman Bennington noted that the Public Works memo did not state the amount for their share and City Clerk Kinsey said it's $655.00. Motion DID NOT CARRY 2-3. Councilman Wargo, Councilwoman Bennington, and Mayor Ledbetter voted NO. Councilwoman Bennington stated she voted no until it's determined if this matter was defeated or tabled. Councilman Asting moved to recess to research the minutes in City Hall to see the status of this matter. Councilman Spencer seconded the motion to recess. Motion CARRIED 5-0. Meeting was recessed at 8:10PM. -3- Regular Council Meeting Minutes August 1, 1983 ~" " (.) u COUNCIL/OFFICERS REPORTS & BOARDS & COMMITTEES (continued) Police Department re: Radio conversion request (cont'd)- Meeting returned to order at 8:22PM. City Clerk Connie Kinsey and Secretary Sue Koser had reviewed the minutes in City Hall. City Clerk Connie Kinsey said on June 20th this request was presented to Council and Council tabled this item for a workshop. The minutes of the Special Meeting of July 6th showed a motion by Councilman Asting to table for a full Council and Councilwoman Bennington seconded the motion. Councilman Asting stated that in view of Councilwoman Bennington's statement regarding the determination of the status of this, he moved again that the Police Department be authorized to purchase the radio. Councilman Wargo pointed out that this is out of order and that Robert's Rules of Order states to reconsider it, a motion has to be made by someone voting in the majority. Councilman Wargo stated that he felt sure this was voted down right after Council held a Workshop meeting. Councilwoman Bennington suggested to avoid confusion, this be brought up on the 15th. Councilman Asting stated he will not be in to\'Jn then. Police Department re: Forfeiture request - City Clerk Connie Kinsey stated there's a memo from Police Chief Earl Baugh to City Attorney Alvarez recommending Council proceed with forfeiture on a confiscated 1974 Oldsmobile. Councilman Spencer asked the City Attorney the approximate cost to file and City Attorney Alvarez said it's approximately $100. to file plus attorney's fees. Councilman Spencer asked Lieutenant Rickelman the condition of the car and Lieutenant Rickelman stated the Chief had told him they would get about $1,000. for it. Councilman Spencer said he'd looked at the vehicle and felt it was worth more than the $100. and attorney's fees, and he moved to instruct the City Attorney to proceed with the forfeiture as long as there is no new evidence that it's impractical or inappropriate. Councilwoman Bennington seconded the motion. Mayor Ledbetter questioned the value at a used car dealer. Councilman Wargo stated he'd been told it would be about $400.00. Mayor Led- better asked Mr. Carmen Montesano, from the audience, about the worth of the car. Mr. Montesano said the car in good shape would be about $1,000.00 but with rust it would be about $450.00 and said Council needs to consider the wrecker and storage fees also. Councilman Spencer stated that he didn't want Council to spend money on something that wasn1t worth it and he withdrew his motion and requested the Police Chief to get a good cost estimate of the car's value before they proceed. Councilwoman Bennington withdrew her second to the motion. Fire Department re: Request for lease to parcel of land behind Fire Station No.2 - City Clerk Connie Kinsey read the July 2nd memo from Assistant Fire Chief Jessie Walls requesting a 99-year lease to City-owned land behind Fire Station No.2. They also requested the City provide funds for any upkeep. Councilman Spencer felt the 99-year lease was too long and asked Council to request the City Attorney to consider and suggest to Council and the Fire Department to how they might enter into an agreement that would be mutually appropriate. Councilman Asting asked how much land is involved and Mr. Walls said it's 2.3 acres. Mr. Jessie Walls, Mr. John Bevel, and Mr. Dan Cory spoke to Council regarding this request. Mr. Walls said the Fire Department will take care of the insurance and liability insurance. Mr. Bevel stated the present Community Center was built by the Edgewater Fire Department and it was the intent of those building it that it would be for the people of Edgewater and the Fire Department wants to control the new building and will charge rental on it. Councilman Wargo moved to form a committee with the Council members and sit down with the Fire Depart- ment to negotiate a settlement that will be fair and equitable to everyone. Councilwoman Bennington seconded the motion to work it out and then turn it over to the City Attorney. Councilwoman Bennington amended the motion to have two Council members on it and three from the Fire Department. Councilman Spencer said he wanted it cleared by the City Attorney, and he seconded the amendment. Motion on the amendment CARRIED 5-0. The original motion CARRIED 5-0. Councilwoman Bennington nominated Councilman Spencer to be on this committee and volunteered to serve on it also. Council members agreed to this. City Attorney Alvarez suggested the scheduling of the meeting go through the City Clerk as press has to be advised for a public meeting. Parks and Recreation Department - Dennis Norman (trophy) - Mr. Robert Griesse, a member of the Parks & Recreation Board, presented a trophy to Mayor Ledbetter for the City Council. This was for the runner-up position in the Florida Little Major League Sub-District Baseball Tournament held in South Daytona. Councilman Asting moved that we furnish a glass case in the foyer of City Hall for the first of what he hoped would be many trophies that the City may get. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Mayor Ledbetter thanked Mr. Griesse for the trophy and said he's proud to have been a part of this. Councilman Wargo moved that a resolution of appreciation be prepared. Councilman Spencer seconded the motion. Motion CARRIED 5-0. -4- Regular Council Meeting Minutes August 1, 1983 -.v.. .' (J u ... CO~lMUN I CAT IONS Mr. C. Leslie Ogram - City Clerk Connie Kinsey read the July 15th letter from Mr. Ogram regarding a Board member's attitude at the July 12th Planning Commission meeting. Mr. Frank Opal came forward and asked that a letter dated July 27th from the City Engineer be attached to Mr. Ogram1s letter. ORDINANCES AND RESOLUTIONS Res. 83-R-59 Culvert pipe rates - City Attorney Alvarez read this Resolution. A RESOLUTION SETTING THE CHARGE FOR THE INSTALLATION OF CULVERT PIPING UNDER DRIVEWAYS THAT CROSS DRAINAGE DITCHES, CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. He read the charges of $264.00 for the twenty foot culvert and $312.00 for the thirty foot culvert. Councilman Spencer moved that Council adopt Resolution 83-R-59. Councilman Asting seconded the motion. Motion CARRIED 5-0. Res. 83-R-60 Appointment of Vice Mayor - City Attorney Alvarez read this Resolution. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PURSUANT OF PART 1, CHAPTER 13 OF THE CHARTER; APPOINTING A NEW VICE MAYOR FOR THE CITY OF EDGEWATER, REPEALING ALL RESO- LUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. City Attorney Alvarez noted that the appointment line was blank, aV/aiting the name. Councilman Spencer nominated Councilwoman Bennington as she's been the Acting Mayor in the past and has filled in for the present Mayor on occasions when he was out of town or not available. Councilman Wargo seconded the nomination. Nomination CARRIED 5-0. City Attorney Alvarez read the Resolution again, inserting the name of Councilwoman Bennington as the newly elected Vice Mayor. Councilman Spencer moved to adopt Resolution 83-R-60. Councilman Asting seconded the motion. Motion CARRIED 5-0. Since the Acting Mayor was newly elected as Vice Mayor, a new Acting Mayor had to be named. Councilwoman Bennington nominated Councilman Asting for Acting Mayor. Councilman Spencer seconded the motion. Motion CARRIED 4-1. Councilman Wargo voted NO. UNFINISHED BUSINESS Appointments to Citizen Code Enforcement Board - Councilman Spencer noted that in view of the fact that they received a resignation from Mr. Whittet tonight, there are now five vacancies on this Board. Councilman Asting nominated Mr. Walter Gross, Mr. James Richardson, Ms. Ryta Webber, and Mr. Louis Rotundo. Councilman Spencer nominated Mr. Robert Rosa, Mr. Philljp Williams, and Mr. Vince Turano. Councilman Wargo nominated Mr. Louis Rotundo, Mr. James Richardson, Mr. Vince Turano, Mr. William Muller, and Mr. Robert Rosa. Councilman Asting moved that Mr. Walter Gross be appointed to the Citizen Code Enforcement Board. Councilwoman Bennington seconded the motion. Motion DID NOT CARRY 1-4. Councilman Wargo, Councilwoman Bennington, r1ayor Ledbetter, and Councilman Spencer voted NO. Councilwoman Bennington moved to nominate Mr. James Richardson. Councilman Wargo seconded the motion. Councilman Spencer stated this gentleman had adversely criticized EVER and he didn't feel he should serve on a board. Councilman Asting stated he objected to the criticism also but didn't see why he wasn't qualified to serve on the board. Nomination CARRIED 4-1. Councilman Spencer voted NO. Councilman Asting moved that Ms. Ryta Webber be appointed to the Citizen Code Enforcement Board. Mayor Ledbetter passed the gavel to Vice Mayor Bennington and seconded the motion. Motion DID NOT CARRY 2-3. Councilman Wargo, Vice ~1ayor Bennington, and Councilman Spencer voted NO. Vice Mayor Bennington returned the gavel to Mayor Ledbetter. Councilman Spencer nominated Mr. Louis Rotundo. Councilman Asting seconded the nomination. Nomination CARRIED 5-0. Councilman Wargo nominated Mr. Robert Rosa. Councilman Spencer seconded the nomination. Nomination CARRIED 4-1. Councilman Asting voted NO. Councilman Spencer nominated Mr. Phil Williams to be re-appointed. Councilwoman Bennington seconded the nomination. Councilman Asting objected to this nomination as Mr. Williams had not submitted a letter of application. Nomination CARRIED 3-2. Mayor Ledbetter and Councilman Asting voted NO. -5- Regular Council Meeting Minutes August 1, 1983 r · ... . . o <.) UNFINISHED BUSINESS (continued) Appointments to Citizen Code Enforcement Board (cont'd) - Councilwoman Bennington nominated Mr. Vince Turano. Councilman Spencer seconded the nomination. Nomination CARRIED 4-1. Councilman Asting voted NO. Council members agreed to appoint these people for the terms as they appear on the Resolution according to the voting order. City Attorney Alvarez read Resolution 83-R-54. A RESOLUTION APPOINTING MEMBERS TO FILL VACANCIES FOR EXPIRED AND UNEXPIRED TERM ON THE CITIZEN CODE ENFORCEMENT BOARD OF THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. City Attorney Alvarez stated James Richardson would be appointed for a term to end May 18, 1985; Louis Rotundo would be appointed for a term to end May 8, 1984; Robert Rosa would be appointed for a term to end May 18, 1986; and Phillip Williams would be appointed for a term to end May 18, 1986. The fifth appointment of Mr. Vince Turano would be on a Resolution at the meeting of August 15th, since this vacancy was not known until tonight1s meeting. Councilman Wargo moved to adopt Resolution 83-R-54. Councilman Spencer seconded the motion. Motion CARRIED 4-1. Councilman Asting voted NO. City Attorney Alvarez stated that since there is a fifth appointment, he will have this Resolution re-typed and add the fifth name and term. NEW BUSINESS Appointment to Industrial Development Board - Councilman Asting nominated Ms. Kathryn Lee for the vacant position. Councilwoman Bennington seconded the nomination. Nomination CARRIED 5-0. Councilman Asting moved to adjourn the meeting. Councilwoman Bennington seconded the motion. Meeting was adjourned at 9:27 PM. ~li nutes submitted by: Lura Sue Koser q)jJf ~ii~ ~OR. - Pit COUNCILMAN 71--.5- i- lJ r ~ C ~~~. cou; ILMAN - NE FOUR YL-; ATTEST: ~/~ CITY CLERK i\uthenticated this I~d day of -6- Regular Council Meeting Minutes August 1, 1983