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07-20-1983 - Special " '-J (J CITY COUNCIL OF EDGEWATER SPECIAL MEETING JULY 20, 1983 MINUTES Mayor David Ledbetter called the Special Meeting of Council to order at 10:00 AM 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 Excused City Attorney Josel Alvarez F & A Director Connie Kinsey Pol ice Chief Earl Baugh Present Present Present Reconsideration of bids on tractor - Councilwoman Bennington said she didn't feel that the reason that the Superintendent of Publ ic Works gave for rejecting the lowest bid was sufficient. She stated she had spoken to the people who were the lowest bidder and they said a service package came with the tractor so additional metric tools would not need to be purchased. There was a discussion regarding the parts availabil ity for the Japanese made tractor and Councilwoman Bennington said that the parts were available in Orlando and it would only take one day to get them. She said that she felt when we go out for bids we should make it very clear to the bidders just what we want. Council- woman Bennington moved that this bid be thrown out and they start allover. PLEASE NOTE: The tape did not record until this point. Notes prior to this were taken from the notes of Deputy City Clerk Susan Wadsworth. Mayor Ledbetter suggested they reject all bids and go out for bids again on the tractor. Motion DIED for lack of second. Mayor Led- better asked City Attorney Alvarez's advice on this matter and he said there appears to be a premeditated attempt to close the market to certain manufacturers and they could be talking about an active, positive attempt to el iminate competition and could find ourselves in an anti-trust matter. City Attorney Alvarez said if their minds are made up that this equipment is so good, then why send out a request for bids at all. He said we have a law that we have to abide by. Councilman Asting stated there were three bids and one was turned down because of the,unavailability of parts. He said that Robinson submitted a bid that was higher than Vol usia Ford Tractor and he feels that the bids are okay and they should be considered and accept the recommendation of the Publ ic Works Superintendent. Mayor Ledbetter asked City Attorney Alvarez if the City has the right to waiver the low bid and go to the bid more compatible and acceptable to the City. City Attorney Alvarez said there was a statement in the ordinance that says the City Council has the right to accept or reject any and all bids received. He said they are opened at a publ ic meeting and are open to publ ic inspection and if a particular bid is not an appropriate bid it can be rejected for various reasons. City Attorney Alvarez said there would be no reason for the bidding process if we can reject the bids at whim and without good reasons. He said that when it goes to other than the low bidder, there is required a full and complete statement of the reasons for placing the order elsewhere and that statement is to be prepared by the purchasing agent, who is the City Clerk in our case. He stated the' full statement has to be approved by the City Council. Councilman Wargo moved to TABLE the purchase of this tractor until they can have a meeting to talk this over more thoroughly. Councilman Asting seconded the motion. Councilwoman Bennington asked if this was a workshop to discuss the tractor or the bid procedure and Councilman Wargo repl ied that it was the bid procedure and the whole works. Councilman Asting said he felt a workshop would be in order on this to go into the details of this, and he thought it should be very soon. Motion CARRIED 4-0. Councilwoman Bennington stated she knew the City needs a tractor and she is not opposed to getting it but she wants to make sure it's done right. There was a discussion as to the time for the meeting and it was agreed that it would be Friday, July 22nd, 1983 at 10:00 AM. Councilman Asting asked the City Attorney to pursue his research into this matter and advise them at the workshop meeting if they can legally and without a lawsuit accept the bidder suggested by the Publ ic Works Superintendent. City Attorney Alvarez asked if they want him to look at the bidding procedures in general or the procedures used in this particular situation. Councilman Asting stated he's in favor of accepting the bidder recommended by the Publ ic Works Director but he doesn't want the City to be subjected to a lawsuit. City Attorney Alvarez said the full and complete statement required from the City Clerk was not done for Monday night and the bids were open on a desk someplace and were not opened before the Council. He said perhaps they need to look also at the procedure of how the process is handled, and he feels there are sufficient questions raised on the record. Council members agreed to have the Super- i ntendent of Pub 1 i c Works and the mechan i c present at the workshop,. a 1 so the other.b.i.dders. ~ o o Resolution for appointment of new City Clerk - City Attorney Alvarez read Resolution 83-R-56. A RESOLUTION APPOINTING CORNELIA A. KINSEY AS THE CITY CLERK OF THE CITY OF EDGEWATER, FLORIDA; SETTING FORTH HER DUTIES AND RESPONSIBILITIES; PROVIDING FOR HER COMPENSATION AND BENEFITS; REPEALINGS ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilwoman Bennington moved to accept Resolution 83-R-56. Councilman Wargo seconded the motion. The original resolution had to be re-typed as it had Ms. Kinsey's name 1 isted as Connie A. Kinsey rather than Cornel ia A. Kinsey. Ms. Kinsey submitted proposals of benefits she would 1 ike Council to consider Mr. Walter Gross called for a point of information to know what the proposals included. Ms. Kinsey read the 1 ist of tw~lve items. Included were compensatory time to be approved by Council prior to taking it; compo time figured at the rate of time and one half; group insurance 100% paid by the City on single coverage; salary of $25,000.00 per year; $10,000.00 1 ife insurance; pension plan; paid hol idays as 1 isted in the employees' guide book; vacation as listed in the employees' guide book; sick leave and injury leave and bereavement leave as 1 isted in the employees' guide book; and future raise potential. Council members reviewed the proposed items individually. Ms. Kinsey noted that compo time would not be expected for the regular Council meetings. Council agreed to the first three requests. Council members reviewed the salary request and compared it to her current salary. Councilman Asting suggested a salary of $20,000.00 per year at the end of the probationary period. City Attorney Alvarez clarified that the position of City Clerk is not a temporary position but the ex officio appointment of Finance and Administration Director is temporary, subject to Council's review at any time. Council- man Asting asked if this Resolution would abandon the temporary period authorized pre- viously, and City Attorney Alvarez said this is for the appointment as City Clerk only. Ms. Kinsey was asked if she'd accept the salary of $20,000.00 and she agreed she would. Council members agreed to the other items as proposed. Councilwoman Bennington asked Ms. Kinsey why she included the future raise potential and Ms. Kinsey repl ied that she had no increase for four years with an outstanding performance evaluation. Motion to accept Resolution 83-R-56 CARRIED 4-0. Deputy City Clerk Susan Wadsworth administered the oath of office to Ms. Kinsey. Resolution for appointment of Finance & Administration Director - City Attorney Alvarez read Resolution 83-R-57. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, DESIGNATING CORNELIA A. KINSEY AS FINANCE & ADMINISTRATION DIRECTOR FOR THE CITY OF EDGEWATER, FLORIDA; SETTING FORTH HER DUTIES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. City Attorney Alvarez stated that to avoid having another resolution in sixty days, this designation can be changed at any time by Council. Councilwoman Bennington moved to accept Resolution 83-R-57. Councilman Asting seconded the motion. Motion CARRIED 4-0. Resolution to authorize appropriate City official to execute agreement with part-time City Engineer - City Attorney Alvarez read Resolution 83-R-58. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA TO EXCECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH SAM TUCKER, TO PERFORM THE SERVICES OF A PART-TIME CITY ENGINEER FOR THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Sam Tucker was in the audience and he confirmed that he had read the resolution and agreement,and is in full agreement and accord. Councilman Asting moved to adopt Resolution 83-R-58. Councilman Wargo seconded the motion. Motion CARRIED 4-0. Development Fee Review - Util ities Dept. - Mr. Terry Wadsworth spoke to Council and said there are three ways to fund future projects such as water plant expansions and 1 ift stations and they are bond issues, raising user rates, a. combination of the two, and development fee monies to offset the operating costs. Mr. Wadsworth asked Council to consider raising the present development fees. There was a discussion as to the anticipated time 1 ine for these projects and the costs. Councilwoman Bennington stated she didn't feel the City should bear the brunt of expansions. Councilman Asting asked when Mr. Wadsworth anticipated the need for another well and he replied approximately two years from now. Councilman Asting asked Mr. Wadsworth if there is a chlorine station under the water tower in Florida Shores and he said no but he thinks in the near future there will have to be additional storage put in,and it would be installed at that time. Mr. Robert Christy called a point of information and said Council had approved that to be built about two or three years ago. Mr. Wadsworth said he didn't see a need for it at that time when they put the 12" 1 ine in from Park Avenue to Mango to 12th Street, and it would have been a chlorine potential hazard in a residential area. -2- Special Council Meeting Minutes July 20, 1983 . . , r o Q . Development Fee Review - Utilities Dept. (continued) - Mr. Vasquez asked to see a resolution or ordinance on the development fees and said if there is already an ordinance or resolution on the books, it will have to be amended to avoid double taxation. He asked how the development fee will be used and its relation to the impact fee. Mr. Wadsworth replied to Mr. Vasquez and said the development and impact fees are the same term, and a new fee will not be created but the old fee will be raised. Mr. Wadsworth explained that there are two separate accounts for water and wastewater and money taken into these accounts has to be used for the purpose for which it is co 11 ec ted. Councilman Asting moved that the impact or development fees recommended by the Water and Wastewater Superintendent be approved for new construction only. Councilwoman Bennington seconded the motion. Mayor Ledbetter instructed the City Attorney to draw up the ordinance for this increase and then they'll have the pub1 ic hearing. Councilman Asting noted that this is for new construction only. Mr. Wadsworth suggested it be effective as of the new fiscal year, October 1st. A member of the audience said that people in the 16th Street area do not have sewage but they are paying sewage rates according to what he's heard and asked if that's possible. Mr. Wadsworth said it's not possible. Mr. Vasquez asked Mr. Wadsworth if people are going to be assessed this development fee and Mr. Wadsworth said they won't be assessed if service isn't available. Mr. Vasquez said his main concern is that people in Florida Shores be made aware of this. Motion CARRIED 4-0. City Attorney Alvarez stated he's not prepared to comment on the legal ramifications regarding the qual ification in the motion that it would apply only to new construction. Filter Media Replacement - Mr. Wadsworth noted that this is also a bid item and since procedures on the bidding have to be worked out that perphaps Council would 1 ike to pursue this after the scheduled meeting on Friday. Councilman Asting asked if the bid was for materials only and Mr. Wadsworth said his crews would perform the labor. Councilman Asting moved that this be TABLED until the meeting on Friday. Councilwoman Bennington seconded the motion. Motion CARRIED 4-0. Mr. Henry Riggs spoke from the audience and said he'd written a letter to the Mayor and Council and had received no response. He said when he was on Council, Otter Street had money appropriated to be paved and that 90% of the traffic from Coronada Paint comes down that one block. He said the money that had been appropriated was used for part of Wildwood and for behind the Ship restaurant. Members of the Council stated that they did not receive a copy of the letter. Councilman Asting suggested checking to see if that street would qual ify under the Community Development Block Grant money. Mr. Earl Copeland, Superintendent of Public Works, stated he'd contacted them the day before and they are taking this into consideration. Mr. Riggs stated there are only four houses on that one block but a heavy amount of traffic. Councilman Asting moved to adjourn the meeting. Councilwoman Bennington seconded the motion. Meeting was adjourned. ..:: .~~ u L ~ ~(~ Minutes submitted by: Lura Sue Koser AT~ (~~~ C \TY CLERK Approved th is / ~ day of ~J?Ar' MAY R - ~ ~ -3- Special Council Meeting Minutes July 20, 1983