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02-20-1984 - Regular ~ Q Q . CITY COUNCIL OF EDGEWATER REGULAR MEETING FEBRUARY 20,1984 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 Jack Spencer Present Present Present Present Councilman Jack Spencer City Attorney Josel Alvarez City Clerk Connie Kinsey Police Chief Earl Baugh Present Present Present Present There was a silent invocation and the salute to the flag. Mayor Ledbetter recessed the regular meeting to open the Public Hearing. Public Hearing - Second and Final Reading and Action. Ord. 83-0-26 Rezoning Porter Property from MH-l to MH-2. City Attorney Alvarez read this Ordinance. Ord. 83-0-26 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CHANGING THE ZONING CLASSIFICATION OF A PARCEL OF PROPERTY DESCRIBED AS THE EAST 886.7 FEET ON THE SOUTH LINE OF THE WEST 1754 FEET OF LOT 37, ASSESSOR'S SUBDIVISION OF THE ALVAREZ GRANT, LOCATED WITHIN THE CITY LIMITS OF THE CITY OF EDGEWATER, FLORIDA, FROM ITS PRESENT ZONING OF MHl TO MH2; PROVIDING THAT THE OFFICIAL ZONING MAP OF THE CITY OF EDGEWATER, FLORIDA SHALL BE AMENDED TO REFLECT CHANGE IN ZONING; CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. There were no comments from the public. Councilman Wargo moved to close the Public Hearing. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Councilman Wargo moved to adopt Ordinance 83-0-26. Councilwoman Bennington seconded the motion. Motion CARRIED 5-0. APPROVAL OF MINUTES Regular Meeting of February 6, 1984 - Councilman Spencer moved Council approve the regular meeting minutes of February 6th. Councilman Wargo seconded the motion. Motion CARRIED 5-0. Special Meeting of February 8 and 13, 1984 - Councilwoman Bennington moved to accept the minutes of February 8th. Councilman Wargo seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilwoman Bennington moved to pay the bills and accounts. Councilman Spencer . seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS Mr. John Siburn, Connecticut Avenue, asked to speak to the City Attorney regarding the Brown case, and asked him if the judge1s ruling was final or if the people could still appeal. City Attorney Alvarez said the ruling was that Mr. Brown is entitled to the Special Exception with reasonable conditions as may be imposed by the City pursuant to the ordinance. Mr. Siburn said he doesn't live there but talks to them. Mr. Siburn asked if anyone brought up the flooding conditions in that area when the metal building was put up. City Attorney Alvarez said the City didn't have an engineer then and there was nothing in the record about that but now they have an engineer who could look at it and they'd have to come to terms on that issue. He said if it's a reasonable condition and they refuse to follow it they have a right to go from there. Mr. Siburn noted that if he builds and the drainage is not checked, theylll have another situation like Wildwood. City Attorney Alvarez said they also have a Building Official and he and the engineer and perhaps Mr. Brown or his representative could check it out. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES Council Reports - Councilwoman Bennington said she1d put in Council boxes a copy of her letter to the County asking to speak to them on Mango Tree Drive and she's received their reply and is scheduled for March 1st at 1:30PM to speak to them. Councilman Spencer asked if this is what he talked with Earl Copeland about and Councilwoman Bennington said she'd talked to General Mann when they had the meeting with Rescue and he suggested she write a let~r to appear before the County Council. She noted that it's the part between 16th to Park Avenue. o o .' COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Councilman Asting said he learned that day that the City Clerk went to Deland to talk to Police officials concerning a temporary replacement for Chief Baugh. He said when he questioned this he was advised that they need to get someone as soon as possible to take over the Police Department. He asked several questions: Who authorized the search for replacement for Chief Baugh?, And When?, Who authorized the City Clerk to talk with the Deland Police officials regarding this matter?, and What was discussed? He said their normal procedure calls for the Council to authorize a search for department heads with salary, etc., specified with the Council doing the interviewing. He asked why the normal procedure wasn't followed and why a Special Meeting of the Council wasn't called to authorize this action. He asked how many members of the Council were a\~are of this Deland trip and asked members individually if they knew about it. Councilman Wargo said yes. Councilwoman Bennington said she was aware that she was checking out some things. Mayor Ledbetter said he had no contact with City Hall. Councilman Spencer said he did not know until he was in that afternoon. Councilman Asting stated that two members of the Council knew of this in advance and asked if that's a violation of the Sunshine Law. Councilman Wargo said he didn't know how it could be. Mayor Ledbetter asked the City Attorney's response on that and said he didn't think the City Clerk would call a meeting of two members of the Council in her office at the same time, and it's normal procedure that the City Clerk poll the Council. Councilman Asting again asked why the normal pro- cedure wasn't followed. Councilman Spencer said he didn't see any harm done and the City Clerk is not going to hire anyone. Councilman Asting said in the past the Council has directed that they advertise for department heads and this is the same situation but the Council did not do this and the City Clerk did this herself. Councilman Spencer said there's been no advertising for the replacement for the Police Chief. Councilman Asting said when they had vacancies in other departments they advertised. Councilman Spencer stated that he assumed they'll still advertise. Councilman Asting said that apparently there won't be any answers to his questions. Mayor Ledbetter said to set the record straight, since last Monday when they had the audit report, nobody requested a special meeting for' this purpose and it's been in limbo since then and he didn't think the City Clerk, if she talked to somebody, has overstepped her bounds. Councilman Asting said he mentioned a special meeting on Tuesday and no meeting was called and there should have been a special meeting. He added that the City Clerk's visit to Deland required an authorization by the Council sitting in session. Council- woman Bennington asked why it required it if she just talked to the man. Councilman Asting asked how they know that as he doesn't know what was discussed. Councilwoman Bennington said she knew they have a problem with the Police Department and the City Clerk is trying to find out how to solve it and bring back what she finds to Council. She said the City Clerk can go out and get all the information she wants without Council authorization but she just can't act on any of it. Councilman Asting said she's dealing with people who Council may interview and hire and he feels it's the Council's responsibility. Council- woman Bennington said she didn't feel the City Clerk has overstepped her bounds. Council- man Asting said he did and Councilman Wargo said he didn't, and disagreed with Councilman Asting. Councilman Wargo said every time the City Clerk makes a move she doesn't need to apologize for what she does and she did not take any type of action. Councilman Asting told Councilman Wargo that he was speculating because he wasn't there to hear what was discussed. Mayor Ledbetter noted that a manila envelope was left at his door on Sunday and asked Council members if they received one and said it looks like he's also soliciting for a Chief of Police. Councilman Asting and Councilwoman Bennington said they didn't receive anything. Councilman Asting proposed that Council have a workshop with the Planning and Zoning Board to discuss the feasibility of annexing land to square off the City boundaries. He suggested Wednesday, February 22nd at 7:00PM. City Clerk Kinsey noted that the Merit Board meetings then but they could move their meeting place. All Council members except Councilman Wargo agreed to that date and time. Councilman Wargo was not able to commit himself at that point. -2- Council Regular Meeting Minutes February 20, 1984 Q o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Mayor Ledbetter said the Mayor of Oak Hill had borrowed some tables for their Oak Hill Seafood Festival and they'd said they would assume responsibility for the tables. He noted that the day of the Festival there were heavy rains and some of the tables were in bad shape and some were abused. He added that the Fire Department wants the tables replaced. He suggested they purchase 12 tables. Councilman Asting asked Mr. David Garrett, Recreational Director and Building and Maintenance Superintendent, if they just received new tables. Mr. Garrett said they got 12 new tables. Mayor Ledbetter said those were purchased by the City of Edgewater. Councilman Spencer asked if there's been any response from Oak Hill, and Mayor Ledbetter said held talked with Mayor Goodrich who told him he had a carpenter who'd like to repair the tables but that's been 3 or 4 weeks ago and the Fire Department needs those tables. Councilwoman Bennington suggested sending them the bill. Mayor Ledbetter said he felt if the City of Edgewater borrowed tables and damaged them, theyld stand behind them. Councilman Spencer said they should write a letter and send them a bill, advising them it was necessary to replace them and they should pay the bill and he so moved. Councilwoman Bennington seconded the motion. Mayor Ledbetter stated that helll not recommend to Council for anything to be loaned in the future. Motion CARRIED 5-0. Councilman Asting asked City Clerk Kinsey to furnish the members of Council with the matters discussed with the Deland Police officials regarding the temporary replacement for the Police Chief. Councilman Wargo objected. Councilman Asting asked Councilman Wargo if he had something to cover up. Councilman Wargo said no but he did object. Councilman Spencer agreed that it was a reasonable request to have a report prepared since the City Clerk was discussing City business. Mayor Ledbetter asked City Clerk Kinsey if she had a problem with preparing a report for Council. City Clerk Kinsey said she had no problem with it and it was her intent and purpose. Mayor Ledbetter said there was someone scheduled to come by at 10:00 the next morning to talk to him so held cancel it. Councilman Asting said it should be open and above board. Councilman Wargo said it has been and Councilman Asting has been questioning the City Clerk's relationship with the Chief and is now questioning her integrity. Councilman Asting said he just wanted to know what's going on. Councilman Wargo told Councilman Asting that he's in City Hall every day and could ask her. Mayor Ledbetter said he got a request from the cable TV company to speak to their employees about what1s going on in Edgewater and he said he felt they should be down here talking to the people of Edgewater and he was going to decline their offer. Mayor Ledbetter noted that held have a request to make later in the meeting. City Attorney Reports - City Attorney Alvarez said he'd talked with John Siburn earlier in the meeting regarding the Brown case and he's asked the City Clerk to arrange a meeting with the City Engineer, Building Official, and Mr. Brownls representative on this. Mayor Ledbetter stated that he wasn't available when they took depositions on the Berman case but he is available any time now. City Clerk Reports - There was no report from the City Clerk at this meeting. Utilities Department & Parks and Recreation Department - Request for Pick-up Truck Purchase Through State Bid - City Clerk Kinsey read the February 14th memo from the Superintendent of Utilities and the Recreational Director/Building and Maintenance Superintendent. Mayor Ledbetter asked City Attorney Alvarez if they could take the State purchase price or if they1d have to go out on bid. City Attorney Alvarez said they don't have to go out on bid as this price was a result of a bid. Councilman Spencer noted that the two quotations received were considerably higher and he moved that the request to purchase the pick up trucks be authorized. Councilman Wargo seconded the motion. Councilman Asting asked if that was for one truck or two and Councilman Spencer said it was for two as listed in the memo. Councilman Asting asked if money for both were in the appropriate budgets and Councilman Spencer said yes and City Clerk Kinsey agreed. Mayor Ledbetter asked City Clerk Kinsey if funds are in the depository for this purchase and City Clerk Kinsey said yes. Motion CARRIED 5-0. -3- Council Regular Meeting Minutes February 20, 1984 Q o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Utilities Department - Request for Authorization to Bid for Rehabilitation of Lift Stations #3, 6, and 7 - City Clerk Kinsey read the February 7th memo from Utilities Superintendent Terry Wadsworth inclusive of the second paragraph. Councilwoman Bennington moved to authorize him to go out for bids. Councilman Spencer and Councilman Wargo seconded the motion simultaneously. Motion CARRIED 5-0. Board of Adjustment - Appointment to Board - Councilman Spencer stated that they had an application from a man who wanted to serve on this board and he nominated Raymond Savini. Councilwoman Bennington seconded the nomination. Nomination CARRIED 5-0. Parks and Recreation Board - Appointment to Board - Councilman Asting nominated Louise Begel for the appointment to the Parks and Recreation Board. Councilman Spencer seconded the nomination. Nomination CARRIED 4-1. Councilman Wargo voted NO. Citizen Code Enforcement Board - Rules & Regulations Approved by the Board Council- woman Bennington said on Section 5 regarding a quorum it says 4 members with 4 affirma- tive votes to pass or adopt a motion. She noted that there are 7 members and it's quasi-judicial and she suggested the affirmative vote be changed to 3 as with 4 making a quorum they could have a dissenting vote. City Attorney Alvarez stated that they need 4. Councilman Spencer asked if the ruling applies specifically to the Code Enforcement Board and City Attorney Alvarez said yes. Councilwoman Bennington questioned the section on absention for a conflict. Mayor Ledbetter said he thought they had to vote yes or no. There was a discussion about the Charter requirements and the Statute requirements. Councilman Spencer said he felt the Charter requirements were regarding just ordinances and resolution adoptions and only Council would be involved. City Attorney Alvarez agreed that was right but if it applies to the Council, it should be consistent, and he pointed out that the Statutes state that the members shall serve in accordance with the City Charter. Councilman Spencer suggested approve this subject to review by the City Attorney and he said he thought everyone has to declare a conflict and file it but would still have the right to vote if he so desires. City Attorney Alvarez noted that they adopted an ordinance last year that is more stringent than State Statutes for the officers, boards and employees. Councilwoman Bennington said the ordinance only states they have to announce a conflict prior to voting but it doesn't address abstaining. Councilman Wargo said he felt they would be required to vote and by not voting it makes it a moot question and could cause confusion in that board. City Attorney Alvarez questioned Article IV, Section 3, regarding Vacancies in Office. Councilwoman Bennington moved that they adopt these rules subject to the City Attorney's reading over them and making any corrections that he sees need to be done. Councilman Spencer suggested if there are any changes that they be returned to Council. Council- woman Bennington agreed to include that as a part of her motion. Councilman Spencer seconded the motion. Motion CARRIED 5-0. Parks & Recreation Board - By-Laws Approved by Board - Councilman Wargo said he didn't feel Article XI, Staff, was acceptable as he didn't feel staff members should be super- vised by the Parks and Recreation Board, and he objected to their having access to all staff. Councilman Spencer pointed out that the sentence states it would go through the City Clerk and he felt it would be appropriate. Councilman Wargo said he understood that but he doesn't approve it. Mayor Ledbetter asked if they wanted to TABLE it and send it back for re-phrasing. Councilman Wargo so moved. Councilman Asting seconded the motion. Councilman Spencer said he thought it was all right as it would go through the City Clerk. Councilman Wargo said held have no objection to their stating "requests of the Parks and Recreation Director" but the Parks and Recreation Board shouldn't direct him. He said if the man needs help in the Recreation Department, he can go to the City Clerk and it doesn't have to be in writing. Councilman Wargo pointed out that the Public Works and Utilities Departments were assisting him with some work. and said he didn't think they should give authority to a board that serves in an advisory capacity but should let the Recreation Director do his job. Councilman Spencer said he agreed with the Recreation Director doing his job. Motion CARRIED 5-0. -4- Council Regular Meeting Minutes February 20, 1984 o u COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Board of Adjustments - Rules & Regulations Approved by Board - Councilwoman Bennington asked City Attorney Alvarez if he'd had an opportunity to review this. City Attorney Alvarez said he would look it over if Council so directed. Councilman Asting moved that the City Attorney read this over for the legal aspects of it to be sure it's in accordance with the State Statutes. Councilman Spencer seconded the motion. Motion CARRIED 5-0. COMMUNICATIONS There were no communications for this meeting. ORDINANCES AND RESOLUTIONS Res. 84-R-10 Employee Appointments to Police Pension Board - City Attorney Alvarez read this Resolution. Res. 84-R-10 - A RESOLUTION APPOINTING CITY OF EDGEWATER POLICE DEPARTMENT EMPLOYEES GREG YACKEL AND BRET D. TEITELBAUM AS MEMBERS OF THE BOARD OF TRUSTEES OF THE CITY OF EDGEWATER, FLORIDA, POLICE RETIREMENT PLAN; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR THEIR DUTIES, RIGHTS, AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. These appointments are for one year terms. Councilman Asting moved to adopt the Resolution. Councilman Spencer seconded for discussion. Councilwoman Bennington asked if these officers are elected by the members of the department and City Clerk Kinsey said yes. Motion CARRIED 5-0. Res. 84-R-ll Authorization for Officials to Execute Agreement with Brent Millikan & Co. for 1983-1984 Audit - Councilman Spencer noted that they'd had a review of the City audit last week and he was very impressed with the very thorough job and he moved that the City Council adopt Resolution 84-R-ll. Councilman Asting seconded the motion. City Attorney Alvarez read the Resolution. Res. 84-R-ll - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES WITH BRENT MILLIKAN & CO., P.A., TO PERFORM SERVICES AS CITY AUDITORS TO PREPARE THE 1983- 1984 AUDIT FOR THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. Motion CARRIED 5-0. UNFINISHED BUSINESS , Rev. Sal Siano - Request for Temporary Construction Easement on City Property for Stormwater System - Councilman Wargo said he'd looked at that location last week and he1s not happy with the entire situation on Mockingbird Lane as it's been torn up and trees have been damaged. He added that he didn't think they should get into anything involving City property. Councilwoman Bennington said she has the engineer's report on that and has looked at it but isn't happy ~/ith the temporary construction easement on City property and wasn't sure it was in the best interest of the City. Mayor Ledbetter said if the request was to put a drain field on City property, it would be like putting a septic tank in a back yard. Reverend Siano came forward and said he wasn't that knowledgeable about drainage but his engineer met with Frank Marshall who said it was okay. He added that Mr. Marshall was at the last Council meeting and had stated that it would be more benefit to the City than to the church. Mayor Ledbetter said he questioned if they could legally grant an easement on City property and the use of City property by individuals because he'd never heard of a request to use City property for a private drainfield or private easement unless that particular venture belonged to the City. He asked City Attorney Alvarez to give them a written report on the liability on the City for the project. Councilman Spencer said Frank Marshall was at the last meeting and he was concerned that the City be protected from liability during the construction and if a construction agreement was entered into, that should be okay. Mayor Ledbetter recommended to Council that they turn it over to the City Attorney to advise them as to the legality of furnishing a right of way for a private individual on City owned property, and have him come back to the Council with a written report at the next meeting. City Attorney Alvarez said the issue would be if the Council's intent is to grant it. Councilman Wargo said he didn't want to grant it whether it is legal or not. -5- Council Regular Meeting Minutes February 20, 1984 o o UNFINISHED BUSINESS (Continued) Councilman Spencer noted that at the last meeting the City Attorney had asked Frank Marshall if there was public benefit and Mr. Marshall said yes and told them to some extent it would alleviate some of the stormwater runoff on the drainage ditch in back. He said he thought they should grant the request with a construction agreement that protects the City from liability during the construction process and it would have to be drafted by the City Attorney. Councilman Wargo said he'd talked to Frank Marshall who was going to look at it and said he was concerned that there's an encroachment on City property already as when he measured it he found that it didn1t have the certain number of feet needed for a right of way. City Clerk Kinsey said she got an answer from Frank Marshall that afternoon and he said the stakes on the South end of Mockingbird Lane were to protect the pavement from truck damage and the parking area will not encroach on City property. There was a discussion as to just what area was being discussed. Councilman Wargo noted that the entire area there is saturated with water runoff and they'll need a lot of investigating and engineering before it1s finished. Mayor Ledbetter agreed that the land is muck there. Councilwoman Bennington said they're looking at more than City liability as if them the City easement temporarily, the City 'will ~responsib1e when itls done. Ledbetter noted that it would be setting a precedent. Councilwoman Bennington that they do need to look at legal ramifications. Councilman Wargo moved that they deny the request. Councilwoman Bennington seconded the motion. Motion CARRIED 4-1. Councilman Spencer voted NO. they give Mayor stated NEW BUSINESS There was no new business brought up at the meeting. Mayor Ledbetter asked Council to allow him to pull the pay slips of the yearly salary of the Chief of Police for the last three years for his salary and other expenditures above his salary, particularly the last 18 months, and said he'd do it with or without the Council IS permission. Councilman Asting stated that it1s public record and asked why Council permission would be needed. Councilman Wargo moved to adjourn the meeting. Councilwoman Bennington seconded the motion. Meeting was adjourned at 8:14PM. Lura Sue Koser f~f~1L , ~ 7~/ r~~ \ I V Minutes submitted by: ~ ~ 4u A~. . CITY CLERK .t?.9;:-:. ./ Approved this~ day of ~~~ , (l-98~ ~ f\ f) ()/J '~~) r ~J%,L MAYOR \j' ~ -6- Council Regular Meeting Minutes February 20, 1984