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06-18-1984 - Regular , - u ~ CITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 18, 1984 MINUTES Mayor David Ledbetter called the meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor David Ledbetter Councilman Melbourne Wargo Councilwoman Gigi Bennington Councilman Neil Asting There was a silent invocation Present Present Present Present and the salute Councilman Jack Spencer City Attorney Jose' Alvarez City Clerk Connie Kinsey Police Chief Ed Overman to the flag. Present Present Present Present APPROVAL OF MINUTES Regular Meeting of June 4, 1984 - Councilwoman Bennington moved to approve the minutes of June 4th. Councilman Wargo seconded the motion. Motion CARRIED 3-2. Councilmen Asting and Wargo voted NO due to absence. BILLS AND ACCOUNTS Councilwoman Bennington moved to pay the bills and accounts. Councilman Spencer seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS John Gross, Riverside Drive, requested a workshop meeting to determine the exact situation between the City and County of the Strand and Gabardy Canal based on the evidence he acquired from the County. He asked if the City Engineer had brought the letter he was going to send.. Mayor Ledbetter said not to his knowledge. Mr. Gross said he'd like a workshop with everyone involved to be present. Mayor Ledbetter polled the Council to see if they wanted to schedule the meeting and it was agreed to be held on Thursday, June 21st, at 10:00 A.M. Mr. Gross said he'd requested copies of tapes of prior Council meetings and he understood that this requires a court order. He noted that New Smyrna Beach does this all the time. Mayor Ledbetter read from the resolution prohibiting the reproduction of tapes which was prepared by Attorney Judson Woods in March of 1980. Mr. Gross said he feels this is illegal, and he asked if the City Engineer could be present at the Thursday meeting. Councilman Spencer noted that he couldn't be present at the Thursday meeting. Walter Gross, 909 Lake Avenue, spoke on the selling of industrial stocks by a Council member at $50. a share. He said Edgewater only has a small area of industrial property and he read that the Industrial Development Board was requesting funds for a trip to Tallahassee and for refreshments for a fair in Edgewater. He said he spoke to many people since he read the article and they were dead set against spending the citizens' money for these endeavors. He noted that the City passed two million dollars in permits last month and most of it was housing, and area residents want this to be a residential community and not industrial. He referred to the paint factory's fire of a few years ago and itls now double in size and is located very close to the elementary school. He also stated that the railroad goes past two schools, and the chemical plant in the city had a fire. He asked Council to reject paying the taxpayers' money for something that will only benefit one or two people. John Siburn, Connecticut Avenue, thanked City Attorney Alvarez for the literature he'd given him and said he now knew it's legal to purchase Christmas decorations with revenue sharing funds. He asked if anyone learned anything beneficial at the seminars they'd attended. Councilman Wargo said he learned about tax reform and exemptions at the seminar in Tallahassee, and also learned about problems in other cities. Councilman Spencer stated that held attended several conferences and has written trip reports and copies are available in City Hall and he feels they benefitted the City. Mr. Siburn noted that Police training costs the City money and if a policeman leaves in a year or so he doesn't pay the money back and suggested there be a provision that if they don't stay five years they should refund the money to the City. He also noted that safety equipment was discussed at the last Council meeting and he thinks the employees should buy their own equipment to protect themselves and he considered it to be a part of their job. J v o John Wharton, 1531 Riverside Drive, asked Mayor Ledbetter if he had an answer from the auditors yet and Mayor Ledbetter said held talked with them by telephone but didn1t meet with them yet but intended to this week. Charles Lent, 231 Hubbell Street, Communications Officer for Civil Defense, requested permission from Council to set up a civil defense booth on the 4th of July to distribute pamphlets and also have the amateur radio club there who would assist with taking free messages for the people. He added that they'd like to park their vehicles nearby also and would be there from about 9AM to 4PM. Mayor Ledbetter said he saw no problem with it. Councilman Spencer noted that Gary Lamb of the Fire Department. is in charge of the 4th of July activities and if he's satisfied with it, held agree. Councilman Wargo noted that the Fire Department doesn't have exclusive authority to schedule the July 4th activities. Mayor Ledbetter asked for a motion to allow the radio club to have a booth for the 4th of July activities. Councilman Wargo so moved. There was a discussion about the tables and equipment to be used and Mayor Ledbetter suggested they use their own. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Frank Opal, Florida Shores, spoke on the bill regarding public officers and employees voting conflicts and urged every Councilman and board member to get a copy because it will affect a lot of people, and should be heeded. John Gross, 404 North Riverside Drive, said that conflicts of interest would involve CDC and the City of Edgewater and FEC has a lot of land here and funds shouldnlt be spent for private enterprises. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES Council Reports - There were no Council reports at this time. City Attorney Reports - There was no report from the City Attorney. City Clerk Reports - City Clerk Kinsey stated that per the merit pay plan a step increase may be given at a 6-month anniversary if none was given previously and she had just completed David Garrett's evaluation and recommended a one step increase and needed Council authorization for this. Mayor Ledbetter asked the amount of the increase and City Clerk Kinsey said it would be 25~ per hour. Councilwoman Bennington made that motion and said it was because he's been doing a tremendous job and deserves the raise. Councilman Asting seconded the motion. Motion CARRIED 4-1. Mayor Ledbetter voted NO. I I City Clerk Kinsey said there is a Volusia League of Municipalities meeting on June 28th and if anyone is planning to attend sheld need Council IS authorization to cut the check. Councilwoman Bennington, Mayor Ledbetter, and Councilman Spencer said they'd be unable to go and Councilman Asting said he didn't know. Councilwoman Bennington moved to authorize the City Clerk to cut the check for any Council members who wish to go. Councilman Wargo seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey stated that Terry Wadsworth and Terry Zaudtke of Conklin, Porter and Holmes Engineers have requested a special meeting and workshop with Council to negoti- ate the engineering costs for the water supply and treatment program and they1d like to do it within the next two weeks. She requested setting the date administratively when Conklin Engineering can be free. Councilman Wargo moved that they authorize her to set up a date. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey said sheld received no response from the March 2nd letter and bill sent to the Oak Hill Seafood Festival for $763.20 for replacing the damaged tables. Councilman Asting asked if the bill charged Oak Hill for the entire amount and if they were new when they borrowed them. City Clerk Kinsey said it was for the entire amount and the tables were used. Councilwoman Bennington suggested our City Attorney contact their City Attorney. Councilman Spencer suggested the City Clerk/Administrator send them a second notice and perhaps cut the bill by 10% since the tables were used when they borrowed them and explain that to them in a letter. Mayor Ledbetter pointed out that the request came from the Mayor and held said he would be responsible for the tables and would replace them if damaged. He recalled that there was a heavy rain during the festival, and some had damaged legs and a burn hole was in one. Council- woman Bennington said since they didn't respond to the letter she moved that they authorize the City Attorney to contact their attorney and see if they can work out some kind of solution to the problem, whether it be discounting the tables a little bit since they were not new, but the City of Edgewater is entitled to its money. Mayor Ledbetter pointed out that they borrowed 14 tables and the bill is for 12. Councilman Wargo seconded the motion. Motion CARRIED 5-0. -2- Council Regular Meeting Minutes June 18, 1984 r ~ o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Clerk Reports (continued) - City Clerk Kinsey noted that she'd sent a memo to Council on May 7th advising them that PEA, SPEA, and PBA are ready to start negotiations for 1984-85 and Council needs to designate the negotiating team to get this underway. Councilman Asting asked for suggestions and City Clerk Kinsey suggested a professional labor consultant become involved in negotiations. Councilman Asting said that sounded good to him. Councilman Wargo said he'd be happy to do it again. There was a discussion about the possible cost fora professional consultant. Councilman Asting said they're just looking at certain parts of the contracts and not the entire contracts and Council could determine what parts need the attention of a professional. He suggested Council look at the contracts and find parts they disagree with and give the list to the City Clerk to see what she can get in the way of advice from a professional consultant. He pointed out that the union had an attorney present. during the hearing. Councilman Spencer said held like to meet as a Council to review what they feel is important. Councilwoman Bennington said they can get an hourly figure from the negotiator and look at what they did last year. Mayor Ledbetter pointed out that Councilman Wargo had a lot of expertise with union contracts. Councilwoman Bennington noted that the City Attorney could assist also. Councilman Wargo noted that he also has people available who can give them answers, and a professional will be about $12,000. He suggested they negotiate in good faith and not spend a lot of money. Councilwoman Bennington asked City Attorney Alvarez if he felt he had the time and expertise to handle this. City Attorney Alvarez said the Council needs to designate a negotiating team and if it becomes necessary to get information elsewhere, they can authorize that. He said he didn't feel they need a formal arrangement as the negotiating \~ill be done by a team and the items can be discussed as they come up with Council in executive session and Council can be polled by the team and asked if it's okay to contact the professional for a quick answer, and Council can approve or disapprove it then. He added that regarding his time, he'll make the time and regarding his expertise, they can review his resume. Councilwoman Bennington moved that they designate wundlinanWargoandCity Attorney Alvarez as the negotiators and authorize them as needed to contact professionals. City Attorney Alvarez suggested they add with approval of Council as they come up which would be discussed during executive sessions. Councilwoman Bennington agreed that would be part of her motion. City Attorney Alvarez suggested it include the City Clerk also and Councilwoman Bennington agreed that it should be included. Councilman Spencer seconded the motion and asked that it be clarified to have the three names. Councilwoman Bennington stated that it is the three names. Motion CARRIED 5-0. City Clerk Kinsey said she had a request from a citizen for verbatim minutes for two separate Council meetings and per the resolution the approval and fee must be authorized by Council. She said he also requested a copy of the tapes and the resolution prohibits this without a court order. Mayor Ledbetter asked if any other tapes had been recorded and the recording secretary stated that they had. City Clerk Kinsey said this pro- hibition was recently discovered and they need to amend it or adhere to it. City Attorney Alvarez said he wasn't aware of this resolution and Council could amend or rescind the resolution and set another one. He added that if it's in there it's assumed to be valid and possibly it was ignored by ignorance or wilful intent. Councilman Spencer suggested they consider the requests separately and the verbatim should be made available at the same rates as charged previously. City Clerk Kinsey asked that it be 25~ per page and the secretary's hourly wage multiplied by 30% for the labor costs. Councilman Spencer moved that the verbatim transcript be made available at the rates just indicated. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Councilman Spencer said if the resolution prohibits reproducing tapes held like the City Attorney to prepare an amendment which would void the prohibition. City Attorney Alvarez referred to citizens copying tapes and then finding them erased and since these are original records he thinks making them available is fine but safeguards should be implemented and suggested the City Clerk be responsible for this. Mayor Ledbetter said if the person is allowed to duplicate a tape it should be done by the City employee instead of the person and that was the purpose of the resolution. City Attorney Alvarez noted that the custodian of the records is the City Clerk or her designee. Councilwoman Bennington stated that there should be a fee established for verbatim and tape reproduction with the hourly rate and 30% labor costs included. and she moved that they instruct the City Attorney to draw up a new resolution with what they just discussed incorporated in it. Councilman Wargo seconded the motion. Councilman Asting said the resolution should designate the City Clerk or her designee as the person to supervise the reproduction of the tapes. Motion CARRIED 5-0. Councilwoman Bennington asked about the copying of the tapes now. City Attorney Alvarez said it would be permissible to do it now. Councilwoman Bennington so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. Councilwoman Bennington stated that she voted yes based on the fact that they'll rescind the resolution on record. -3- Council Regular Meeting Minutes June 18, 1 984 ~ o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Clerk Reports (Continued)- City Clerk Kinsey requested authorization to go out for bids to repair and seal the metal roof on the big part of the building on the City barn. She said the small rust holes are getting bigger and this needs to be done. Councilman Asting moved to authorize the City Clerk to go out for bids to repair the garage roof for the Public Works Department. Councilman Spencer seconded the motion. Councilman Wargo asked to amend the motion for bids for replacement also because it might be cheaper to replace it. Councilman Asting agreed to include repair or replacement in his motion and Councilman Spencer agreed as the second to the motion. Motion CARRIED 5-0. Council Reports - Mayor Ledbetter said it was brought to his attention that there are problems regarding lack of toilet facilities at Menard Park, and suggested putting some porta-lets there. Councilwoman Bennington agreed with the need and moved to put two porta-johns on Menard Park temporarily for sanitary reasons. Councilman Wargo seconded the motion. Motion CARRIED 5-0. Mayor Ledbetter asked the status of the paving of the four streets and City Clerk Kinsey said Halifax Paving will do them just as soon as possible and they're working on a big contract now. Mayor Ledbetter said he'd had complaints about the dirt piled up in the people1s yards. Citizen Code Enforcement Board - By-laws revised by City Attorney and approved by Board - City Clerk Kinsey read the June 1st memo from the secretary to the Board. Councilwoman Bennington questioned section 5 regarding quorum. City Attorney Alvarez said he took the language as prepared by the Attorney General IS office which requires code enforcement boards to make a decision based not on a majority of the those in attendance but a majority of the board membership. Councilman Spencer moved that they approve these by-laws of the Citizen Code Enforcement Board. Councilman Wargo seconded the motion. Motion CARRIED 5-0. Councilman Asting moved to recess for five minutes at 8:10PM. Meeting was recessed. Meeting was called back to order by Mayor Ledbetter. Industrial Development Board - Request re: Industrial Appreciation Week - City Clerk Kinsey read the June 11th memo from Doris Massey, Chairman of the Board, requesting an industrial fair, certificates of appreciation, an expenditure of up to $600. for the event, and a resolution proclaiming September 17 through 21 as "Edgewater Industry Appreciation Week". Councilman Spencer said the City isn't a large industrial city but there are some industries that employ a number of people and he felt this would be appropriate. He noted that New Smyrna Beach is also going to have an Appreciation Week and Edgewater could have combined with them but they wanted to do this independently. Councilman Asting asked if the Industrial Development Board has contacted some of the industries to know if theylll participate. Mrs. Doris Massey, Chairman of the Board, came forward and said she1d contacted some of them and they thought it was a good idea. She said she wanted the fair to show the City's appreciation and that they want them to stay in our area and to entice more industry. Councilman Asting asked where it would be set up and Mrs. Massey said it would be in the Community Center and if some- thing is too large to be displayed in the building they could display it outside. Mr. Walter Gross called a point of order from the audience. He said they talked to industry but didn't ask the people and the people should say if they want moreindustry in Edgewater. He again referred to a Council member selling shares of stock and Mayor Ledbetter asked that he refrain from that topic. Mr. Gross stated that the Councilman is in conflict, and asked if they could put it before the people instead of the industry. He added that the danger from the paint company is double what it was five years ago. Mayor Ledbetter stated that the paint factory has been in business more than 20 years and he feels it1s more safe than 5 years ago. Councilman Wargo said he had no problems with the board using the building or declaring it Industrial Appreciation Week but he had problems with contributing money to it. Mayor Ledbetter said he agreed and asked Council to proclaim Industrial Appreci- ation Week from September 17 to 21 and allow them to use the building for the same. Councilman Wargo so moved. Councilwoman Bennington seconded for discussion. Council- man Spencer noted that young people are interested in working in this area. Councilman Asting stated that it will be educational for the people to know what the industry is in this area. Councilwoman Bennington asked Mrs. Massey what the $600. was to be used for and Mrs. Massey said it may be only $100. but they had it budgeted and if they can't use their own budget then they don't need the Board. She said they wanted some sort of party after the displays but they can forget it if funds aren't to be appropriated. -4- Council Regular Meeting Minutes June 18, 1984 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Industrial Development Board - Request re: Industrial Appreciation Week (continued)- Mr. Don Bennington, Chairman of the Planning and Zoning Board, said with the amount of taxes the industries pay and the education of the children, the $600. is cheap. Councilman Wargo said he participated in industrial shows but this city isn't large enough to subsidize this amount, and there are a lot of things in need of more attention in the near future. He said using the facility is the City's contribution to it but subsidizing industries isn't proper. Councilman Spencer said this is a small amount for the City to pay to show appreciation for industries and to provide some refreshments. Councilman Spencer asked to amend the motion on the floor to authorize the Industrial Board to spend up to $600. of their budget for this purpose. Amendment to the motion DIED for lack of second. Councilman Soencer then asked to amend the motion that Council approve $300. of the budget for this purpose. Amendment to the motion DIED for lack of second. Motion CARRIED 5-0. Industrial Development Board - Chairman's request to attend Fifth Annual Florida Industrial Development Workshop - City Clerk Kinsey read the June 11th memo from Mrs. Doris Massey, Chairman of the Industrial Development Board, requesting approval of an expenditure of $400. to $500. to attend this Workshop in Tallahassee on July 22 to July 25. Councilman Spencer pointed out that attending these workshops was brought up earlier and Council has replied that they have learned considerably from them. He referred to other board members and employees who have participated and he moved that the Council approve this expenditure. Councilwoman Bennington seconded the motion. Motion CARRIED 4-1. Mayor Ledbetter voted NO. COMMUNICATIONS Petition requesting relief from through traffic and dust on Needle Palm between Indian River Boulevard and 16th Street - City Clerk Kinsey read the statement on the May 22nd petition which had 12 signatures of residents. Councilwoman Bennington said she'd driven down the street and there are 14 homes on that street and the petition has additional sheets that list what the people want to do about paving. She moved that they accept the petition and consider their request at their budget hearings. Councilman Wargo seconded the motion. Councilman Spencer pointed out that the opinion surveys attached indicate they'd prefer to have the City pave the street and pay their one-third share of the cost. Motion CARRIED 5-0. Councilwoman Bennington then moved that in conjunction with that there are seven people who signed the opinion poll and before they consider this in the budget that the City Clerk contact everyone on the street so they have the opinion poll from each one for Council's information. Council- man Spencer said it's a good idea but there are many streets where the same kind of questions could be asked. Councilman Asting said he'd like the question of road paving put on the primary ballot as a straw vote for the people to declare they'd be in favor of a road paving program of all unpaved streets with the City paying one-third from general fund and the people paying one-third. Councilwoman Bennington suggested it be a binding vote and Councilman Asting said the straw ballot would tell them if the majority want it. Mayor Ledbetter suggested it be put out for referendum to see if the people go along with one mill for paving and one-half mill for drainage. Councilman Wargo seconded the motion. Councilman Wargo complimented the procedure of this request, and Mayor Ledbetter said it1s the first formal request from Florida Shores that they've received in six years to pave a certain street. Motion CARRIED 5-0. Councilman Asting asked the City Attorney if they can have a straw vote on the primary ballot to find out if the majority of the people want a paving program. City Attorney Alvarez said they could have the indication on the machine at election time or use the mail type and he didn't think it would be very expensive to have an additional block for the voters since the setup will be for the election. He suggested they contact Katherine Odham for an estimate. Councilman Asting asked the City Clerk to find out from Katherine Odham what the cost is to have it put on the primary ballot and advise Council. Councilwoman Bennington suggested they check as a referendum also to compare the costs. Councilman Wargo asked if they could do it on the messsage on the utility bills and staple it and ask them to return it. City Clerk Kinsey said they can't staple any additional pieces of mail to a postcard. Councilwoman Bennington noted that they could have a problem with renters. City Attorney Alvarez said the content of the language needs to be clarified since they'd be imposing a tax on themselves. Mayor Ledbetter said they'd have to include phase work because of the money situation. Councilman Asting said he figures about five years for the main streets with so many each year. -5- Council Regular Meeting Minutes June 18, 1984 ~ o COMMUNICATIONS (Continued) Petition (continued) - Mr. John Siburn, from the audience, asked if money has been collected in full for the road paving and City Clerk Kinsey said they're still collecting. Mr. Siburn asked if they're collecting the 2~ tax for paving of the roads and City Clerk Kinsey said they've been collecting it right along and it was allocated for road paving or road equipment or repairs. Councilman Spencer said held talked to Earl Copeland and the City has 75 miles of unpaved streets and at a cost of $15. per linear foot it will be about six million dollars. Councilman Asting noted that the north and south roads are most important to be paved and they could be done reasonably. There was a discussion about some of the streets that had a lot of traffic and that are east and west. Mayor Ledbetter stated that General Mann had told him the County pays $52. a mile for road building. William Glaser, 1703 Needle Palm, said he talked to everyone who signed the petition with the exception of three and paving was everyone's choice to get rid of the dust but the problem is the through traffic. He said traffic is ten times what it is on other streets except for 12th Street. ORDINANCES AND RESOLUTIONS Res. 84-R-29 - Appointing Edward Overman as Chief of Police - City Attorney Alvarez read this Resolution. Res. 84-R-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING EDWARD JOSEPH OVERMAN AS CHIEF OF POLICE FOR THE CITY OF EDGEWATER, FLORIDA, CONTAINING TERMS AND CONDITIONS OF EMPLOYMENT; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting moved to TABLE this Resolution. Mayor Ledbetter passed the gavel to Vice Mayor Bennington and seconded the motion. Councilman Spencer questioned the reason for the tabling. Councilman Asting said Council didn't do enough research on the appli- cations received for Police Chief and the amount advertised for salary was a lot less than this resolution. Councilman Spencer pointed out that Council has been engaged in a review of candidates since February and they took action to hire Chief Overman. He distributed copies to Council members of a salary scale for other Police Chiefs in comparable sized towns in Florida and said this salary is not exorbitant. Council- man Asting again stated that the advertisement was for the low 20's and this resolution is contrary to that since $25,500. is not in the low 20's. He added that of the 125 applications only four were interviewed and others could be considered. Councilman Spencer noted that several had turned it down because of the salary. Councilman Asting stated the Chief's job is a department head position and there's no reason for a contract to hire him especially with some of the stipulations in the agreement such as if he was terminated, held get the full salary and if he was terminated with mutual agreement held get four months severance pay. Motion DID NOT CARRY 2-3. Councilman Spencer, Councilman Wargo, and Councilwoman Bennington voted NO. Councilman Spencer stated that this resolution has blank spaces in section three to add terms and conditions and since Council accepted a motion on May 23rd to agree to certain terms, he moved that one item, the starting salary of $25,500. be added to the resolution. Mayor Ledbetter questioned how many members were at the meeting and Councilman Spencer recalled that there were four present until the Mayor left the meeting and then there were three. Councilman Asting pointed out that when Ed Overman was hired, it was stipulated that he wouldn't apply for Police Chief and Council was adamant on that. Councilman Wargo said he didn't think Council realized at that time the implication of what they were doing and that it was an infringement of someone's rights. Mayor Ledbetter said he realized that. Councilman Spencer again moved that they add $25,500. as the salary as previously indicated. Mayor Ledbetter asked the City Clerk to certify that the $25,500. is budgeted for the position of Police Chief and City Clerk Kinsey said it's not a full year remaining for the $25,500. to be expended. Mayor Ledbetter again asked if there is $25,500. in the budget for this salary and City Clerk Kinsey said it was budgeted at $18,612. Councilman Spencer asked if there is sufficient balance for this fiscal year to cover this salary and City Clerk Kinsey said yes. Mayor Ledbetter asked how they can come up with the $25,500. and City Clerk Kinsey said they're only paying for July, August, and September yet in this budget. Mayor Ledbetter said Earl Baugh had a draw through February and he referred to the current higher expenditures for Ed Overman. City Clerk Kinsey said the other expenditures aren't coming out of the salary line item. Mayor Ledbetter said the money seems to have been shuffled. Councilman Asting asked if the money has been re-appopriated and City Clerk Kinsey said there has been no re-appropriation hearing. Councilman Asting stated that there isn't enough money in the budget to pay this. -6- Council Regular Meeting Minutes June 18, 1984 Q o ORDINANCES AND RESOLUTIONS (Continued) Res. 84-R-29 Appointing Edward Overman as Chief of Police (continued)- Councilman Spencer read from the May 31st financial report and said that line item in law enforce- ment is underexpended at this time. Mayor Ledbetter asked if they'd taken into consideration the new employees in that department and City Clerk Kinsey said there's new employees I salaries in that. Councilwoman Bennington pointed out that even if they hired someone at $22,000. there wouldn't be enough money and she seconded the motion. Mayor Ledbetter said he's standing on the answer the City Clerk gave him that there wasn't $25,500. for a Police Chief. Motion CARRIED 3-2. Mayor Ledbetter and Councilman Asting voted NO. Councilwoman Bennington said the majority of Council agreed to certain terms and con- ditions on May 23rd but the employment agreement submitted by Ed Overman's attorney had some items she didn't agree with and she suggested they throw out the employment agree- ment and not consider it. Mayor Ledbetter said the Charter calls for a Police Chief who will work at the will of the Council. Councilwoman Bennington said he should be a department head the same as the others and work at the will of Council, and it is termi- nated by 30 days' written notice by Council which would include written reasons for the termination and gives him the choice of a public hearing or he can give them 30 day's notice. She said they agreed to other benefits, a car, and it would be used only for City business to and from home and not for personal business. She said they also agreed to waiver the probationary period and to do an evaluation at the end of another three months to consider a raise, and Council should do the evaluations with salary increases annually at budget time with the consent of the entire Council. Councilman Asting again pointed out that it was advertised for a salary in the low 20's and only four were inter- viewed. Mayor Ledbetter said another name was thrown in and then immediately thereafter a motion was made to hire Ed Overman. Councilman Asting said the 11 applicants weren't even considered then. Mayor Ledbetter stated that it's a waste of taxpayer's money to advertise and get 125 applications and then totally disregard those who applied. Councilwoman Bennington pointed out that Council came up with 10 for interview and only four of those came and then Council decided to go with someone else and the majority picked Ed Overman and agreed to terms. Councilman Asting noted that they'll pay about $6,500. a year more than they paid Earl Baugh. Councilwoman Bennington pointed out that the longer they wait the more it will cost. Councilman Wargo noted that when the decision was made to spend the $4,200. for the audit, it was voted on 5-0 and he doesn't approve of the agreement either but he's willing to hire the Chief at the salary stipulated. Councilwoman Bennington moved to reject the employment agreement and go with what was agreed on May 23rd. Councilman Spencer seconded the motion. Councilman Spencer said held like the resolution filled in and voted on as a written document before he leaves. Councilman Asting said held vote only on the motion that the agreement not be included. Councilwoman Bennington withdrew her motion and moved to reject the employment agreement. Councilman Spencer seconded the motion. Councilman Asting asked that it be clarified to reject the employ- ment agreement as part of Resolution 84-R-29. Councilwoman Bennington agreed. Motion CARRIED 5-0. Councilwoman Bennington then moved to add in the blanks on Resolution 84-R-29 the agreement that they made on the 23rd per the minutes. Councilman Spencer seconded the motion. Councilwoman Bennington read in the items for the City Attorney to incorporate in the resolution. The items were read back by the City Attorney: 1) Salary on annual basis with no overtime in the amount of $25,500.,2) An evaluation to ,be per- formed on or about September 18, 1984, by the Council to consider the possibility of a salary increase, 3) Chief will implement as soon as possible the provisions of Tucker's audit of the Police Department, 4) The use of the City automobile for City business only, and clothing allowance of $350.00 a year, 5) Hospitalization, vacation, sick leave, retirement, as applicable to other department heads shall be provided, 6) Yearly evaluation for the purpose of considering a salary increase to be performed by the City Council annually beginning one year from September 18, 1984, and 7) Termination of appointment by either party on 30 days written notification. If the City Council chooses to terminate the appointment, the 30 days written notification shall provide written reasons therefore and affords the Chief an opportunity for a public hearing to refute said reasons. He added that if Council agrees, it will be incorporated as Section 3 and the Chief will have to accept or reject the offer. -7- Council Regular Meeting Minutes June 18, 1984 - . o o ORDINANCES AND RESOLUTIONS (Continued) Res. 84-R-29 Appointing Edward Overman as Chief of Police (continued)- Tom Sheridan, from the audience, asked if Council evaluates other employees and Mayor Ledbetter replied that they only evaluate the City Clerk. Councilman Wargo pointed out that there is a motion of intent that they're going to take over the evaluations of all the department heads. Mr. Sheridan said that this wasn't stated when they were talking about it. Motion to add in the blanks of Resolution 84-R-29 the items read by City Attorney Alvarez CARRIED 3-2. Mayor Ledbetter and Councilman Asting voted NO. City Attorney Alvarez asked Police Chief Overman if he accepts these terms. Chief Overman came forward and said the 30 days was not discussed and to protect his position, he couldn't agree with the 30 days. City Attorney Alvarez pointed out that the term is not for 30 days but is open end like any other department head and provides 30 days' written notification for the Chief's protection and the pro- tection of the City. He added that it protects the Chief from arbitrary termination. Chief Overman said held have to go through it with his attorney. Mayor Ledbetter pointed out that Earl Baugh didn't get 30 days' written notification. City Attorney Alvarez asked if it could be stated that termination of appointment by written notice and Chief Overman said held have to discuss it with his attorney. Councilman Asting moved that Council re-examine the applications they received and set up some interviews. Mayor Ledbetter said he didn't see why they have to guarantee him employment since the Chief works at the will of Council, and they can't guarantee the next Council will keep him on duty. Mayor Ledbetter passed the gavel to Vice Mayor Bennington and seconded the motion. Motion DID NOT CARRY 2-3. Councilmen Spencer and Wargo and Vice Mayor Bennington voted NO. Vice Mayor Bennington passed the gavel back to Mayor Ledbetter. Councilwoman Bennington asked if they could pass the Resolution stating that's what they're offering him and if he agrees, fine, and if not, in the meantime they could set up some kind of screening in case he refuses. Chief Overman said held have an answer within 24 to 48 hours. Mayor Ledbetter pointed out that other department heads and the City Clerk didn't have to go to their attorneys before accepting employment. Councilwoman Bennington said the majority agreed to this and if Chief Overman says no then they can go with Council- man Asting's suggestion. Councilman Spencer moved that Council formally adopt Resolution 84-R-29 and that Chief Overman will notify them within 24 hours of his acceptance or rejection of his employment by the City as the Police Chief. Councilwoman Bennington seconded the motion. City Attorney Alvarez suggested it be written notification and Councilman Spencer agreed. Councilman Asting asked if they can accept the Resolution if he didn't accept the terms and conditions. City Attorney Alvarez said it would be subject to Chief Overman's acceptance. Councilman Spencer agreed to modify his motion. Councilwoman Bennington agreed to the modification. Motion CARRIED 3-2. Mayor Ledbetter and Councilman Asting voted NO. Mayor Ledbetter stated that he refused to sign the resolution since there were blanks in it. Councilman Spencer suggested a recess to have it typed in and City Attorney Alvarez said it could be typed the following morning and he'll verify it with his notes. Councilman Spencer signed the Resolution at the meeting since he was planning to be out of town. UNFINISHED BUSINESS Attorney Judson Woods re: request to vacate 5 foot utility easement, Lot #17, Silver Ridge Subdivision(tabled 6/4/84)- City Clerk Kinsey read her June 12 memo to Council in which she recommended they deny this request. Councilman Wargo moved that the request be denied. Councilman Spencer seconded the motion. Motion CARRIED 5-0. -8- Council Regular Meeting Minutes June 18, 1984 . . , ..... . o o NEW BUSINESS Councilman Wargo statedthey'd discussed with the City Attorney amending the merit ordinance, section 1321, to put all the department heads of the City under the jurisdiction of the City Council and he made that a motion. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. ADJOURN Councilman Asting moved to adjourn. Councilwoman Bennington seconded the motion. Meeting was adjourned at 10:06 P.M. Minutes submitted by: Lura Sue Koser tJ/j,A l.().o / MAY OR" r ~ 7;~ ATTEST: _ ~L_~ ' CITY CLERK Approved thiS~ay Of~,1984. r ~. dL'1/7~f ~MAYOR -f 0 -9- Council Regular Meeting Minutes June 18, 1984