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12-09-1987 - Special ~ o CITY COUNCIL OF EDGEWATER SPECIAL MEETING DECEMBER 9, 1987 MINUTES Mayor Baugh called the meeting to order at 7:00 P.M. in the Community Center. He stated the purpose was for Department Head evaluation, which was tabled October 8, 1987. ROLL CALL Mayor Earl Baugh Councilman Louis Rotundo Councilman Russell Prater Councilman Neil Asting Present Present Present Present Councilman David Mitchum City Attorney Jose'Alvarez City Clerk Connie Martinez Chief Lawrence Schumaker Present Excused Present Present Also present were all the other City Department Heads: Terry A. Wadsworth, Utilities Superintendent; David Garrett, Recreation Director/Buildings & Grounds Maintenance Superintendent; Dennis Fischer, Building Official/Code Enforcement Officer; and Mike Tenney, Acting Public Works Superintendent. Mayor Baugh suggested Councilman Prater remove this from the table. Councilman Prater so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. Mayor Baugh stated they'll take the Department Heads individually. He pointed out that he'd talked with City Clerk Martinez about Mike Tenney's being Acting Superintendent and his evaluation was due November 14th and he didn't receive an increase or change because he was Acting Superintendent then. There was no objection from Council to reviewing Mike Tenney first. MIKE TENNEY, Acting Public Works Superintendent: Councilman Asting stated Mike should receive the pay increase equivalent to other employees of the City, the 6% cost of living, and the equivalent 4% merit increase. He added that he's handled the Public Works Department since the former Superintendent resigned and has done an excellent job. He reviewed Mr. Tenney's responsibilities. Mayor Baugh asked if he wants it back to October 1st and 4% back to the evaluation date. City Clerk Martinez noted it's the Friday after the anniversary date. Councilman Asting replied yes. Councilman Mitchum asked to see a copy of his last evaluation and City Clerk Martinez furnished him a copy. Councilman Rotundo stated that under the circumstances, he's done an excellent job. Councilman Prater agreed. Councilman Asting stated that was a motion (his former statements). Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Councilman Mitchum asked what they have in hand for evaluations and City Clerk Martinez replied the quarterly reports. TERRY A. WADSWORTH, Utilities Superintendent: Councilman Rotundo stated that according to the evaluation report, he's been doing the same job as all along, a good job. Mayor Baugh stated he talked with Dyer, Riddle, Mills and Precourt and with Gerry Ferrara about his performance with them and they had nothing but excellent things to say. Councilman Asting stated he's deserving of the same type of raise they gave Mike Tenney, a 6% cost of living and 4% increase that is under the merit plan. Mayor Baugh asked if it was built in for merit for Department Heads and City Clerk Martinez replied yes. Councilman Rotundo asked his anniversary date and Mr. Wadsworth replied they go on fiscal years now. Councilman Asting reviewed some of his responsibilities and he moved he be given the same increase as he mentioned with 6% plus the 4%, retroactive to October 1. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mary Opal, from the audience, asked if she could ask a question and there was no objection from Council. She asked where the money is coming from and Mayor Baugh replied the money was budgeted last year in the regular budget. Mrs. Opal stated that New Smyrna Beach only gave them 4% raise. o o DENNIS FISCHER, Building Official/Code Enforcement Officer: Councilman Rotundo stated that under the circumstances with the growth situation, Dennis has a hard job and cannot please all the contractors and all the people. Councilman Prater asked if he's being paid 2l~ a mile for transportation to do his work. Mr. Fischer replied he's reimbursed because he uses his own vehicle for inspections for the City. Councilman Prater stated that 50 to 60 miles a day is high, and he read from the figures he'd received which covered the period of August 13 to about September 16. He again commented on the large number of miles per day and the time needed to drive that many miles. Mr. Fischer stated it's done on a day to day basis and they average 4,000 building inspections a year plus calls for code enforcement. He added he's in the truck from 9 or 9:30 to noon and back to the office from 12 to 1:30 and then back out 2 to 4 or 4:30 and sometimes after 5:00. He pointed out this reflects other duties than inspections as they make trips such as for Volusia County Building Officials and Home Builders Association that he feels necessary to attend. He noted there are seminars in other communities also. Councilman Mitchum asked who set this up and Mr. Fischer replied it was set up when he was hired and there was no transportation provided for his employment and they only had 2l~ a mile reimbursement and were using their own vehicles. He pointed out he requested a vehicle two years ago which they did get and it's used for fire safety and code enforcement. He referred to the previously leased vehicle and the $3.00 a day requirement to drive a vehicle home, which he was denied because they can't take a car out of the City limits. He added that a lot of cities give the inspector the vehicle to and from his employment. He stated he found the best deal with Halifax Ford and purchased a 1987 Ford to do inspections. Councilman Asting asked if 2l~ a mile includes maintenance for the vehicle and Mr. Fischer replied yes, he pays for it. Mr. Fischer said he'd heard that it's an estimated 55~ a mile average to maintain a car and he'd requested an increase in mileage, but that couldn't be done. Councilman Prater stated he checked the mileage on the Assistant Superintendent's truck for about 3 to 4 weeks and it's about one-half of what Dennis does. He asked if Dennis has a lot of business in New Smyrna Beach and Mr. Fischer replied they converse with the New Smyrna Beach Building Department and Code Enforcement and the County, and if it's lunch time, they do frequent restaurants there. Councilman Prater asked if he does his banking in New Smyrna Beach and Mr. Fischer replied he does it each Friday. Councilman Prater asked if his lunch is at 2:30 in the afternoon and Mr. Fischer replied he sometimes doesn't take a lunch hour. Councilman Mitchum asked the average payment and Councilman Prater again read the averages. Mayor Baugh said it's about $50 a week and Mr. Fischer agreed it's $40 to $50 a week. Councilman Mitchum stated he doesn't understand why Dennis is the only one in the City who has to furnish his truck when we have numerous vehicles. Mayor Baugh asked about the other vehicles. Mr. Fischer replied City Hall uses one, and Dave Jones in fire safety. Mayor Baugh noted they'd be ahead to have him use that truck rather than City Hall. Councilman Prater asked Mr. Wadsworth what his runs, and Mr. Wadsworth replied they have different trucks with different functions and the service truck is probably more than Dennis's. Mr. Fischer again noted that at budget time he'd asked about a truck because his lease was about up but that was denied because he lives outside the City. Mayor Baugh asked if he's licensed to do fire inspections and Mr. Fischer replied he doesn't have a fire inspection card but he's certified as a SBCC building inspector plus other certifications. Mayor Baugh asked if he makes fire inspections and Mr. Fischer replied the inspections he does are in the realm of Building Inspector. Mayor Baugh asked if he goes to businesses and Mr. Fischer replied no, that's David Jones' job and he has the certification and goes to existing buildings when occupational licenses are issued. Mayor Baugh said he has a copy of one he signed at a business. Mr. Fischer said he did them previously, and if David Jones is absent, he'll do it and is very competent with fire codes, as SBCC has a Code the same as Fire Safety 101 and he has that certification. -2- Council Special Meeting Minutes December 9, 1987 o o DENNIS FISCHER, Building Official/Code Enforcement Officer: (Continued) _ Councilman Asting asked how many inspections are done on an individual site and Mr. Fischer replied a minimum of seven times. He reviewed the building permits issued since January and fees received. He noted over the last four years they averaged 1,200 permits a year, and he continued to review numbers of permits and fees. He pointed out he attended various meetings of Council and boards that required his attendance. Councilman Rotundo stated the question is evaluation and not riding in the truck, and he moved that Dennis Fischer get the same previously given the other two men, 6% and 4%. Councilman Asting seconded the motion. Motion CARRIED 3-2. Mayor Baugh and Councilman Prater voted NO. LAWRENCE F. SCHUMAKER, Chief of Police: Councilman Asting stated they know how the Police Department has developed and improved since the Chief has taken over and he moved he gets the same raise they gave the others, 6% and 4%, retroactive to October 1. Councilman Rotundo seconded the motion. Motion CARRIED 4-1. Mayor Baugh voted NO. DAVID GARRETT, Recreation Director/Buildings & Grounds Maintenance Superintendent: Councilman Prater stated that since an Assistant was hired, David doesn't attend Council meetin~when he has something on the agenda and they needed him at the last meeting and he wasn't there. Mr. Garrett stated there were a couple of things that Jack Corder was familiar with on the last agenda and he felt it was cut and dried. Councilman Prater stated that he didn't explain it to Council right. Councilman Mitchum agreed he didn't get what he wanted. Councilman Mitchum asked about the road at the ball field which isn't clear to him, as he didn't see how it could get so far out of hand. He noted that he's had a lot of comments about getting to the school now and they get reports they agreed to putting the road around the ballfield and then got a letter from Mr. Garrett to the School Board. He asked if he'd made that decision. Mr. Garrett explained the part of the ballfield they're referring to is on the property the City doesn't lease and when he discussed it, he said if it goes through that section of the ballfield, it doesn't matter because it's not on our lease. Mayor Baugh asked how much of the ball park is not on our lease and Mr. Garrett replied a triangle about 50 foot by 120. There was further brief discussion about the dimensions. Councilman Mitchum asked how a ballfield was developed on some- thing the City doesn't even lease and Mr. Garrett replied he doesn't know as that was before he came here. Mr. Garrett added that he stated in the letter as he stated to Mr. Nadal and at a previous meeting with Mayor Baugh that part of the field is not in the lease area and if they built a road across there, he couldn't do anything about it. Mayor Baugh stated it was discussed at the end of the field and Mr. Garrett also said he thought it would be at the end of the field. Councilman Mitchum stated that the letter indicated he was aware of it and Mr. Garrett replied no. Councilman Mitchum then asked about safety at Menard Park and the Coast Guard with potential safety violations. Mr. Garrett replied he wanted to make the beach a little safer and put up larger buoys so the boaters could see them, using regulation type buoys to mark the swimming area. He added that in order to put those up, they needed Coast Guard approval and Marine Patrol. Councilman Mitchum asked if they got approval and Mr. Garrett replied yes, and they didn't say we could or could not swim and they did not want to put their name to it. Mr. Garrett added that he pushed it as far as he could to make it as safe as possible. Councilman Asting reviewed the accomplishments since Mr. Garrett took over Parks and Recreation: Menard development and improvements, construction of addition to City Hall, which saved the City a considerable amount of money, development of playground recreation area on Umbrella Tree, and currently he's constructing a recreational area on Roberts Road which will be a real asset to the people who'll use it. Councilman Rotundo added that he also built the storage building for the Police Department and the dog pound, which isn't related to his job description. Mayor Baugh stated that John did most of the work and Councilman Rotundo pointed out it was under David's supervision and Councilman Asting agreed. -3- Council Special Meeting Minutes December 9, 1987 o o " DAVID GARRETT, Recreation Director/Buildings & Grounds Maintenance Superin- tendent (Continued) - Mayor Baugh asked the status of Veteran's Park which has taken two years. Councilman Asting pointed out it's State-owned property and they have to go to the State with it. Mayor Baugh said it was City property and he thought they were just waiting for permits. Mr. Garrett stated they got the letter last week and he's working with Gerry Ferrara to try to solve it as soon as possible. Mayor Baugh stated he wants copies of when he sent them out. Mr. Garrett said Gerry Ferrara will go with them to Orlando as soon as they get an appointment. Councilman Asting pointed out that paper work requirements are causing a lot of delays in the construction program. Mayor Baugh stated he didn't know it's not the City's land. Councilman Rotundo asked if some of it is our property and City Clerk Martinez replied the end that's filled, adding that the Attorney was involved in this when it was first discovered and he suggested they submit it as is and let them advise us. Mayor Baugh asked for a copy of the letter. Mr. Garrett noted it's from the Orlando office. Mayor Baugh stated a lot of veterans are asking him about it and he tells them we're waiting for permits. Mr. Garrett agreed they're basically still waiting for permits. . Councilman Prater asked about the 5-year plan he'd asked to be started about 2~ years ago. Mayor Baugh noted he got one from Terry Wadsworth. Mr. Garrett replied that at that time they started working on the State-required Comprehensive Plan. Mayor Baugh noted they got the projection from the Building Department. Mr. Garrett said they're still playing catch up. Mayor Baugh stated he talked with Mr. Garrett about Christmas lights and when he talked to Florida Power & Light, they told him it would take about 1 to l~ hours to run the lines, plus it would take John Schaub about 20 to 30 minutes to hook them up, but David didn't know when he could do it. He added that there were 20r3 people doing nothing when he was in the office and he wondered why they couldn't do it. Mr. Garrett replied that some of the boys leave early because they start early and may have been ready to leave at that time as their hours vary. Mayor Baugh commented on the dog house John Schaub built for the well. Councilman Asting moved they increase David Garrett's salary the same as the other Department Heads, retroactive to October 1. Councilman Rotundo seconded the motion. Motion DID NOT CARRY 2-3. Councilman Mitchum, Mayor Baugh, and Councilman Prater voted NO. Councilman Rotundo questioned if they're evaluating this the right way. Mayor Baugh asked if they want to table this until the next meeting and he'll get in touch with the Attorney. Councilman Asting pointed out it's in violation of the ordinance. City Clerk Martinez read a portion of Ordinance 86-0-1. Councilman Asting stated it appears there are members of Council who do not recognize the work or the value of David Garrett's work for the City. There was a brief dis- cussion among the Council members about privilege to vote as they so chose. Mayor Baugh stated he checked on other activities of the Department Heads and didn't approve of some things and that's why he votes as he does. He stated he'll bring this up with the City Attorney to advise them as to what they should do in this event because he doesn't want to go against an ordinance, and he'll ask that it come up at another meeting. He added that his opinion is that David not receive it. Councilman Rotundo suggested it should come from the Parks and Recreation Board and he read an excerpt of the minutes of the last meeting of that Board commenting on the work. Mayor Baugh stated he did discuss it with some of them. There was further discussion about the wording in the ordinance and Mayor Baugh advised Mr. Garrett he'll get the Attorney's opinion and will bring it up at another meeting. -4- Council Special Meeting Minutes December 9, 1987 ~; t " o o CONNIE MARTINEZ, City Clerk/Administrator: Councilman Prater asked who she informs when she takes a day off, and City Clerk Martinez replied she informs the Mayor, her secretary, the Payroll Clerk, Susan Wadsworth, Karen Rickelman, and the majority of the staff and Department Heads are aware of it. Councilman Prater asked Mayor Baugh if he's been informed of these and Mayor Baugh replied since that time (when he brought it to Council's attention at a prior meeting). City Clerk Martinez stated that before that time, she contacted each Council member individually for a vacation or a full day and tried to make sure everyone was aware that she'd be off. Councilman Prater stated he was in City Hall a lot of Fridays and she wasn't there and he was not informed, and only remembers two times that he knew she'd take off. City Clerk Martinez asked if he means since he was elected and Councilman Prater replied yes, and when he was at City Hall one Thursday and asked where she was, he was told she was staying home with her mother-in-law and wouldn't be there the next day. City Clerk Martinez stated that if Council wants to establish some type of pro- cedure she'll be happy to do it. Councilman Prater stated it was a lot of Fridays for about six months. City Clerk Martinez noted she was off one month every Friday when her mother-in-law was here. Councilman Prater said he was asked who was running City Hall. Susan Wadsworth, Deputy City Clerk, from the audience, stated that she could have been called. City Clerk Martinez stated that three-fourths of the staff knows. Councilman Prater stated they and the Mayor should be aware. City Clerk Martinez pointed out that her Deputy, Susan Wadsworth, has never been unaware when she'd be off. Councilman Rotundo pointed out that the City is in good shape as far as getting financial statements and records to the auditors and at budget times they had prompt notice with all the paper work, and he thinks she's doing a good job. Chief Schumaker, from the audience, stated that in 27 years in the business, City Clerk Martinez is one of the most capable, pleasant persons he's had the pleasure to work with and he appreciates the opportunity. Councilman Asting stated that for four years they received an award for reporting and maintenance of the financial records and Connie Martinez is responsbile for tha t. Mayor Baugh said he was not informed about a lot of things that were going on until certain things happened and now he's informed. He added that he was advised they don't inform him of everything. Councilman Asting moved that Connie Martinez receive the same consideration of a 6% increase and 4% equivalent to what other Department Heads received, and the employees of the City. Councilman Rotundo seconded the motion. Motion DID NOT CARRY 2-3. Councilman Mitchum, Mayor Baugh, and Councilman Prater voted NO. Mayor Baugh pointed out this is the same thing as Dave Garrett's and they'll get a report back to Council. Mayor Baugh then requested a motion to adjourn. Councilman Prater so moved. Councilman Mitchum seconded the motion. Meeting was adjourned at 7:53 P.M. Minutes submitted by: Lura Sue Koser ~ -r r ... ... EXCUS~ CM-~~ COUNCILMAN - ZONE FOUR ~ Approved this December o ~ MAYOR~ ( ,1982-. -5- Council Special Meeting Minutes December 9, 1987