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04-16-1984 - Regular ~-,. .. .. . . . ..' u u CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 16,1984 MINUTES Mayor David Ledbetter called the meeting to order at 7:00PM in the Community Center. ROLL CALL Mayor David Ledbetter Councilman Melbourne Wargo Councilwoman Gigi Bennington Councilman Neil Asting Present Present Present Present Councilman Jack Spencer City Attorney Jose'Alvarez City Clerk Connie Kinsey Police Chief Ed Overman Present Present Present Present There was a silent invocation and the salute to the flag. APPROVAL OF MINUTES Special Meeting & Workshop of March 29, 1984 - Councilman Spencer moved that the Council accept the Special Meeting and Workshop Minutes of March 29th. Councilman Asting seconded the motion. Motion CARRIED 5-0. Regular Meeting of April 2, 1984 - Councilman Asting moved to accept the minutes of April 2, 1984. Councilwoman Bennington seconded the motion. Motion CARRIED 4-1. Mayor Ledbetter stated that he voted NO due to his absence from this meeting. Special Meeting & Workshop of April 3, 1984 - Councilman Asting moved to adopt these minutes. Councilman Spencer seconded the motion. Motion CARRIED 4-1. Councilwoman Bennington stated that she voted NO due to absence from the meeting. BILLS AND ACCOUNTS Councilman Spencer moved that Council approve the bills and accounts as submitted. Councilman Asting questioned a charge on page 2 to Hunter Knepshield for machinery and equipment. Councilman Spencer stated that it was for bleacher frames at the ballpark. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS Mr. John Gross, 404 N. Riverside Drive, asked about finalization of the vacating of The Strand. City Attorney Alvarez stated that another deed, or a change on the current deeds before recording and initialed by the owners of the properties, was needed to be sure the City had the five foot easement on both sides of the asphalt. Mr. Gross pointed out that the City has prescriptive rights but City Attorney Alvarez said he didn't want to take a risk with the current deeds. Mr. Gary Butt, 3009 Vista Palm, spoke as a representative of the Board of Directors of the Edgewater Rotary Club. He requested a special workshop meeting at the earliest convenience to the discuss the possibility of erecting a new building for EVER. There was a discussion among Council members as to available dates and it was agreed that City Clerk Kinsey would determine the earliest possible date and set the meeting, and contact Gary Butt. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Spencer asked Council IS authorization to attend a seminar at D.B.C.C. with a registration fee of $7.50 also authorized by Council. Mayor Ledbetter asked if any Council members had objections. No Council member voiced objection. Mayor Ledbetter said he attended the Volusia Council of Governments meeting the past week and they had a presentation on composting garbage and sewer sludge and there will be more details later on as to feasibility in this area. He also stated that at the Metropolitan Plannrng Organization meeting they discussed bike paths and he understood that the State might have criteria that it adjoin the present pavement and be divided by a white or yellow line. He suggested the City Clerk contact the MPO to find out the information on this. .... o. . Q (.) COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES(Continued) City Council Reports (continued)- Mayor Ledbetter noted that the City Clerkls evaluation is due and each Council member will be given a copy of the evaluation in the mailboxes. He said Council had these totalled and averaged last year by one Council member and asked if there was any objection to doing it this way again this year. No Council member voiced an objection, and Councilman Spencer agreed to collect the forms and average them as he did last year. Mayor Ledbetter said he wanted to call a Special Meeting for Wednesday at 9AM to start reviewing the applications for Chief of Police. Councilman Spencer noted that it's on the agenda later on and held like to comment on it then. Mayor Ledbetter agreed to bring it up later on the agenda. Councilman Wargo noted they should decide the follow up procedure at the meeting. City Attorney Reports - City Attorney Alvarez said held been on a list as a defense attorney in the past and held received a call from an insurance company whose home office is in Phoenix asking him to be a defense attorney to represent one of the entities they insure, which is the City of Port Orange. He said it involves civil rights litigation but he didnlt accept this yet until he knew Council IS feelings. Councilman Asting said he had no objection to his representing the insurance company. Councilman Spencer asked if he would be representing the insurance comp~ny that insures the City of Port Orange in a civil suit and City Attorney Alvarez sald yes. Councilman Spencer said he had no problem with it. Councilwoman Bennington and Mayor Ledbetter also stated they had no problems with this. City Attorney Alvarez said the City Clerk informed him that an ordinance is needed for civil defense. City Clerk Kinsey said the City possibly wouldn't qualify for state or federal aid if therels no approved plan. City Attorney Alvarez said he reviewed the proposed ordinance and the only change he noted was the powers of the office had the Mayor listed before and now it is just the Civil Defense Director. He said held bring the ordinance up at the next meeting. City Clerk Reports - City Clerk Kinsey stated the three association contracts require a Designated City Representative and a motion is needed to name that person by title for this contract term. Councilman Spencer moved that the City Clerk/Administrator be the Designated City Representative. Councilwoman Bennington seconded the motion for discussion. Councilman Wargo asked to amend this to include the title Personnel Director. Councilman Spencer agreed to that amendment and Councilwoman Bennington agreed as the second. Councilman Spencer then withdrew his motion and moved that the word Personnel Director be included in the title. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey said the Police Benevolent Association contract requires two repre- sentatives named by Council by title to serve on the Employee-Management Committee and in the past it was the Chief of Police and City Clerk or City Manager. Councilwoman Bennington moved that they designate the City Clerk and Chief of Police. Councilman Spencer seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey noted that Council had discussed the 36 acres of land the City of New Smyrna Beach owns in our corporate limits and she recommended the Council authorize the City Attorney to contact the appropriate officials of New Smyrna Beach to formally discuss the possibility of purchasing the 36 acres they own. Councilman Asting made that motion. Councilman Wargo seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey stated the decertification hearing results were received and asked that Council members meet with department heads and her to set policies for manage- ment personnel and then return this to Council for review and adoption. City Attorney Alvarez clarified this would be for Public Works Superintendent and Utilities Superin- tendent and the City Clerk and Council would need to determine some kind of management schedule and pay plans and benefits. Councilman Wargo asked if Council can have a workshop on this in executive session before they meet with the department heads and City Attorney Alvarez said no, the only exception to the Sunshine Law is when Council meets with the bargaining agents to discuss strategy for bargaining and itls not involved with the Labor Act. Councilman Asting asked if this was just for wages and City Clerk Kinsey said it would include vacation, compensatory time, benefits in total, and the entire management group would be included. City Attorney Alvarez asked if the Police Chief is included and City Clerk Kinsey said yes. Councilman Wargo moved they have a workshop on this and get Council input before they sit down with these people and find out how they feel about it. Councilwoman Bennington asked if a representative of Council would be decided then. Councilman Asting suggested it be a special meeting and workshop. Councilman Wargo withdrew his motion and restated it to include a special meeting. Councilwoman Bennington seconded this and added that she'd like it done as soon as possible. Motion CARRIED 5-0. -2- Council Regular Meeting Minutes April 16, 1 984 " o (.) ....- . .- COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Clerk Reports (continued) - City Clerk Kinsey stated that Valencia Community College is holding a zoning seminar on April 26th with a registration fee of $35.00 and there are two City employe~and two Planning and Zoning Board members who would like to go. She requested Council authorization to pay the registration fees. Councilman Spencer asked who the City employees are and City Clerk Kinsey said it's Susan Mista and Juanita since Dennis Fischer is unable to go. Councilman Spencer moved that Council authorize the four people to attend. Councilwoman Bennington stated that the motion should be the two employees from the City plus any members of Planning and Zoning who want to attend. Councilman Spencer withdrew his motion. Councilwoman Bennington moved that they authorize the two City employees plus any members of the Planning and Zoning Board who wish to attend the seminar. Councilman Spencer seconded the motion. Motion CARRIED 5-0. City Clerk Kinsey recommended Thursday morning at 10:00AM for a meeting with Conklin, Porter and Holmes Engineers to start negotiations. Councilman Spencer and Mayor Led- better agreed. Councilwoman Bennington asked if the City Attorney could be there. City Attorney Alvarez said his trial shouldn't last until Thursday morning. City Clerk-Kinsey said the City has been offered a used Xerox machine for a cost of $1,100.00 which includes a case of the powder and the stand. She suggested the small copier from the Police Department, which has required a lot of service, go to Planning and Building Departments and put this used one in the Police Department. She noted that there is $1,500.00 for machinery and equipment in the F & A budget which was put in for a recorder and new typewriter but this is a good price. Councilman Spencer asked if the Police Department has enough space for this and Chief Overman said yes. Councilwoman Bennington moved that they buy the new one. Councilman Wargo seconded the motion. Motion CARRIED 5-0. Public Works Department - Recommendation on backhoe-loader bid - City Clerk Kinsey read the April 11th memo from Earl Copeland, Public Works Superintendent, in which he recommended the purchase of the JCB 1550 backhoe-loader from Rozier Machinery. He stated in his memo that this was the low bidder and it met the specifications. Councilwoman Bennington said she didnlt get to see the demonstration but checked it out and had several questions on it. She said she questioned the fact that Earl Copeland had never heard of the machine before, the fact that they lowered their bid price by $10,000.00 from their first bid, and the parts availability which is 48 hours from their home base which is in Maryland. She said she talked to several cities and they had nothing good to say about them. She asked Mike Tenney, Street/Refuse Supervisor, if held checked the equipment out. Mr. Tenney said he did during the demonstration and held read their brochures. Councilwoman Bennington asked him if held seen one before and Mr. Tenney said only on a showroom floor. Councilwoman Bennington then asked him if held checked with other cities and Mr. Tenney said held talked to Ormond Beach whold had trouble but it was purchased 10 years ago and this new model is updated plus Rozier wasn't handling the machine at that time, it was Mason Equipment. Councilwoman Bennington said she was told that between 1977 and 1984 there were four companies who handled that machine. Mayor Ledbetter noted that Rozier has been around for a long time and he didn't think they could afford to jeopardize their reputation by handling a machine for which they couldnlt supply the parts. He added that there are certain parts on any piece of equipment that you canlt get from a dealer within 48 hours because itls not a stock item. Councilman Asting said held seen the machine demonstrated and it appeared to be very rugged and it performed very well. Councilman Spencer asked the motor in this and Mr. Tenney said it's a Perkins. Councilman Asting pointed out that Perkins diesel is used in marine service and there are parts available. Councilman Spencer asked where Councilwoman Bennington got her information and Councilwoman Bennington said it was from Holly Hill and Palm Bay and Holly Hill had a 1975 model and Palm Bay had a 1977, and Palm Bay just traded theirs in because they couldn't keep it running. Councilwoman Bennington asked Mr. Tenney when the equipment could be delivered and Mr. Tenney said it would be within 30 days. Councilwoman Bennington asked if the equipment that was demonstrated would be the machine we get. Councilman Asting said no, that a new piece would come out of Baltimore. Councilman Spencer pointed out that the only difference between the one demonstrated and the one the City will receive is that it was a 4-wheel drive and weill get a 2-wheel drive which is what we requested, and the demonstration was done with 4-wheel and only 2-wheel drive. Councilman Wargo noted that he's seen companies lower prices for the publicity. Councilwoman Bennington said she still feels very uneasy about it. -3- Council Regular Meeting Minutes April 16, 1984 , o u . . COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Public Works Dept.-Recommendation on backhoe loader bid (continued)- Councilman Wargo moved that they authorize the purchase of that piece of equipment. Councilman Spencer seconded the motion. Mayor Ledbetter asked the City Clerk if she could certify that money is in the depository for this purchase and City Clerk Kinsey said yes. Councilwoman Bennington said that based on the information she has and questions she raises shelll vote no. Motion CARRIED 4-1. Councilwoman Bennington voted NO. Board of Adjustment - Recommendation on Board appointment - Councilman Wargo moved that this recommendation be received and filed. Councilwoman Bennington seconded the motion. City Clerk Kinsey read the April 10th memo from the Chairman of the Board of Adjustments which recommended the re-appointment for a three-year term of Everett Wetzel, whose term expires April 20th. Motion CARRIED 5-0. COMMUNICATIONS Billy Galloway - Petition regarding Bike Path - City Clerk Kinsey read the March 29th letter from Billy Galloway, a 5th grade student at Edgewater Public School, which requested a bike path on Park Avenue from Wildwood to Flagler Avenue. The letter was signed by 43 people. City Clerk Kinsey noted that Council discussed this and itls in the Recreational Director's hands to review the location and the construction with the other department heads involved and he'll send a recommendation back to Council regarding the location. Councilwoman Bennington said she went to the County and they told her they have 20 feet on each side of the roadway and it was left up to the City as to where they want it, and when thatls determined we have to go to the County for a utility user permit. She added that she hoped the bike path will be in for next year for school. Councilman Spencer said at the last Technical Coordinating Committee meeting, Malcolm Smith was there and he was very receptive and prepared to receive the design specifi- cations from the City. Councilman Asting asked David Garrett, Recreational Director, if there are any definite plans yet and Mr. Garrett said he hadnlt met with two of the department heads but they will soon and he'll get a recommendation to Council. Councilman Spencer thanked Billy Galloway and the other students for expressing their opinions to the Council. Councilwoman Bennington thanked them for coming to the meeting and Councilman Asting added that the Council is working on this. David Umbrecht - Request to park trailer during home construction - City Clerk Kinsey read the April 9th request from David Umbrecht to park a travel trailer during cons- truction for three to six months beginning in July, 1984. The lot is located at 2909 Tamarind Drive. Councilman Wargo asked what toilet facilities would be available. Mr. Umbrecht said held have a travel trailer that is self-contained and it will be rented and about 25 feet long. Councilman Asting pointed out that they can only grant it for 90 days and he could re-apply then and show some progress on the building. Mr. Umbrecht said he'd be doing a lot of his own work and is a carpenter. Councilman Asting asked if he already has a building permit and Mr. Umbrecht said yes. Councilman Spencer pointed out that itls a remote location and there's a garage there now and he moved that Council grant him a 90-day permit with an option if he has not completed in 90 days to come back to Council and re-apply for an extension. Councilman Asting seconded the motion. Councilman Wargo asked where held empty the sanitary facilities and Mr. Umbrecht said held use a camp ground that has dumping facilities. Councilman Wargo suggested he use a temporary toilet on the site as helll need it for sub-contractors. Councilman Spencer said Mr. Umbrecht would be required to comply with the sanitary conditions but they could let him have that option and Mr. Umbrecht said it would be cheaper to have the dumping station. Mayor Ledbetter noted that if he doesnlt meet the sanitary code of the City, someone will call the Health Department. Motion CARRIED 3-2. Mayor Ledbetter said he voted NO because no sanitary sewer is available and Councilman Wargo said he voted NO until they get a better sanitary situation. Councilman Spencer pointed out that they didnlt request this of the last person who asked for a permit. -4- Council Regular Meeting Minutes April 16, 1984 pO . ' '-J <.) COMMUNICATIONS (continued) City Attorney Alvarez pointed out that when items such as sill 1 board lesson requests or requests for permits or zoning without a recommendation from a board come to Council, they should consider having the City Clerk use her judgement to get a more complete record. Councilwoman Bennington suggested the City Clerk could get with the Building Official to draw up criteria in case they have a request like this and it would have to meet that criteria before Council will hear it. David Nichols - Request to conduct sail board lessons at Menard Park - City Attorney Alvarez said that sail board lessons may have implications with the insurance agent or set a precedent for other activities. Mayor Ledbetter pointed out that Council was concerned about the lessons given at Menard before and they put a stop to it and asked if they could issue a license to operate on City-owned property and accept the civil liability. Mayor Ledbetter recommended that Council deny this request. Councilman Wargo noted that this was discussed before and the problems with the swimming across to the islands and perhaps the Recreational Director should write up some criteria and rules and regulations to cover the conduct of people using that park and do this right away. City Clerk Kinsey said she talked with the insurance carrier regarding this matter and there's a letter coming to review this entire park. Councilwoman Bennington pointed out that it's a park and is not there for boating and swimming and they shouldn't give permission for anything in the water. Councilman Asting asked if they should put up signs that say IIno swimmingll. Councilwoman Bennington said no, but it's a park and not a beach and they shouldn't give permission for anything involving the water except for standing on the dock to fish. Councilwoman Bennington moved to turn this request down. Councilman Wargo seconded the motion. Motion CARRIED 5-0. Councilman Asting moved to have a five-minute recess. Councilman Spencer seconded the motion. Meeting was recessed at 8:27 P.M. Meeting was called back to order by Mayor Ledbetter at 8:38 P.M. ORDINANCES AND RESOLUTIONS Res. 84-R-18 Authorization for appropriate City officials to execute three Labor Agreements - City Attorney Alvarez read this Resolution. Res. 84-R-18 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA TO EXECUTE THREE LABOR AGREEMENTS; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Asting moved to adopt this Resolution. Councilman Spencer seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS Parks & Recreation Deparment - Request for approval of Menard Park final site plans - Councilman Spencer moved that this item be withdrawn from the table. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. Councilman Spencer moved that Council approve these plans for Menard Park. Council- woman Bennington seconded the motion. Councilman Spencer noted that he thought it's a wonderful opportunity for the City to obtain the grant of $117,000.00 to make some improvements to the park and make them more usable for fishing and picnicking. Motion CARRIED 5-0. Parks & Recreation Department - Request for authorization to advertise for bids for architectural drawings on Menard Park facilities - Councilwoman Bennington asked if sealed architect's drawings are required and City Clerk Kinsey said yes. Mr. David Garrett, Recreational Director, said it's registered architect or engineer and he thinks it's architects in this case. He added that held asked Frank Marshall if he could draw them and Frank had told him it should be an architect. Councilman Spencer pointed out that Briley Wild did the site plans. City Attorney Alvarez said he was concerned that they'll build a large structure and there's a legal question of whether they can build structures there and he cautioned Council about this. He said they can adopt a motion but he wouldn't incur any agreements or contracts until they know that they are on solid ground to build there and he questioned if they should incur the expenditures of architects' fees. -5- Council Regular Meeting Minutes Apri 1 16, 1984 . ... .-, .. ~-.. ~. f Q Q " UNFINISHED BUSINESS(Continued) Parks & Recreation De t.-Re uest for authorization to advertise for bids for archi- tectural drawings on Menard Park facilities continued - Councilman Spencer pointed out they'd approved the site plans and now they need plans in compliance with the agreement with the State. Councilwoman Bennington asked if they have to be sealed drawings or just drawings. Councilman Asting said it should be specified in the agreement for the grant. Councilman Wargo suggested they put in a clause that it's pending clarification of whether or not it's sealed drawings. Councilwoman Bennington pointed out that these are similar to the facilities at Blue Springs and perhaps they could be contacted to see if they had an architect and she reviewed the requirements for an architect's sealed sets. Councilman Asting noted that the new engineering firm could approve the site plans. Councilman Spencer moved that Council authorize the advertising of bids for drawings of Menard Park in compliance with the grant agreement with the State. Councilwoman Bennington seconded the motion. City Attorney Alvarez requested a copy of the agree- ment. Motion CARRIED 5-0. Mr. John Wilkinson, from the audience, called a point of information and asked if it1s Menard Park or Menard-May Park. Mayor Ledbetter said he keeps seeing it written as Menard Park. Procedure for Screening Police Chief applications - Councilman Asting noted that he'd already gone through 30 of the applications. Councilman Spencer said they need to establish a procedure and he suggested at least one member in law enforcement who could also do background checks to be on a screening committee, and Council could pick their choices and have them screened by this committee down to about the top five for interviews by Council. He said the committee could be a non-directly involved Police Chief of another city, Personnel Director Connie Kinsey, and perhaps a Council member. Councilman Asting said he found there were quite a few that would not be suitable for Police Chief and he only came up with four names of the thirty he went through, and he looked with the idea of providing a Deputy Chief also. Mayor Ledbetter said that's why he wanted a special meeting to go through the applications and narrow it down as it's Council's duty to review these. Councilwoman Bennington said she didn't want a screening committee and suggested they have a meeting or individually pullout the top 10 or 15 and then have a meeting and take the top 25 and have a five-minute interview with each of these and narrow it to 15 for a board to weed out for an interview with the top 5 or 10. Councilman Asting said it would be difficult for someone out of this area. Councilman Wargo suggested going through the list and picking out 25 and then have a meeting and for those that all Council members picked they'll interview them and during the interview they could get a pro- fessional person to do the questioning with the Council as observers and make their decision from that. Councilman Spencer and Councilwoman Bennington agreed with that. Councilman Spencer added that he'd like a professional person to also do some background checks and Councilman Wargo agreed. There was a discussion of the time element for Council members to review the applications and schedule a meeting and it was agreed to meet on Friday afternoon at 1 :00 PM. Councilwoman Bennington added that it should be a workshop only. Councilman Spencer said they have an application from Ed Overman to be considered and he felt that it is not appropriate he be considered because at the time of his inter- view it was understood .by Council, Ed Overman, and Chief Liquori that we were hiring him on the condition that he not be a candidate for a permanent Police Chief and Council should stand by this. He added that he thinks very highly of Ed Overman and he's done the City a lot of good but he didn't think it's equitable to other candi- dates who could not have been here and show the Council what they could do, Mayor Ledbetter said the City Clerk had recommended the interim Chief not be considered but he'll give the man's application the same consideration as any other and wouldn't throw it out because he's Acting Chief and wouldn't take into consideration that he's working here now. Councilman Wargo said it's the Council's job to select the best possible candidate and nobody who applies should be denied the opportunity. Councilman Spencer moved that Ed Overman be disqualified from consideration as permanent Police Chief. Motion DIED for lack of second. -6- Council Regular Meeting Minutes Apri 1 16, 1 984 " ~ " .. ~ , ~....."'.' ~ o NEW BUSINESS Appointment to Board of Adjustment - Councilman Wargo nominated Frank Opal for Board of Adjustment. Mayor Ledbetter passed the gavel to Vice Mayor Bennington and seconded the motion. Councilman Spencer nominated Everett Wetzel for the Board of Adjustment. Vice Mayor Bennington returned the gavel to Mayor Ledbetter. Councilman Asting seconded the nomination. Councilman Asting moved that nominations be closed. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Upon roll call, the nomination for Frank Opal DID NOT CARRY 2-3. Councilwoman Bennington, Councilman Asting and Councilman Spencer voted NO. Upon roll ca11,the nomination for Everett Wetzel DID NOT CARRY 2-3. Councilwoman Bennington, Mayor Ledbetter, and Councilman Wargo voted NO. Councilwoman Bennington moved to TABLE this until the next meeting. Councilman Asting seconded the motion. Motion CARRIED 5-0. ADJOURN Councilman Asting moved to adjourn. Councilwoman Bennington seconded the motion. Meeting was adjourned at 9:09 P.M. Minutes submitted by: Lura Sue Koser GJ~~ f, cfb~fL, MAYOR - /~4 (J r ~ -=:?L '-l<1 I ~. ATTEST: ~/~ CITY CLERK .::.. '7 '!1t Approved this day of ~\ , 1984. Ck lDf~'/~~/ MNfOR-' .. ~ . -7- Council Regular Meeting Minutes Apri 1 16, 1 984