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10-19-1987 - Regular u (.) CITY COUNCIL OF EDGEWATER REGULAR MEETING OCTOBER 19, 1987 MINUTES CALL TO ORDER Mayor Baugh called the meeting to order at 7: 00 PM in the Community Center. ROLL CALL Mayor Earl Baugh Councilman Louis Rotundo Councilman Russell Prater Councilman Neil Asting Present Present Present Present Councilman David Mitchum Present City Attorney Jose 'Alvarez Arrived Later City Clerk Connie Martinez Present Chief Lawrence Schumaker Present City Attorney Alvarez arrived at the conclusion of the roll call. INVOCATION, SALUTE TO THE FLAG Reverend Ed Hartman, Christian Life Center, delivered the invocation. There was a salute to the Flag. Mayor Baugh requested a motion to go from the regular Council meeting into the Public Hearing. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. PUBLIC HEARING - VOLUSIA COUNTY UNIFIED BEACH CODE - Mayor Baugh asked for comments from the audience, noting that Mr. Bob McIntosh is present to answer any questions. There were no comments from the public at this time. Mayor Baugh then asked for Council comments. Councilman Prater stated that on page 10, section 4.02, he'd like to see the first part that is underlined, down to "Guide dogs", all that is underlined omitted. Mr. McIntosh noted that the paragraph referred to has been deleted and brought back in, and at this time there's been no final approval by the Commission and the final vote will be taken later. He asked if Councilman Prater wants it stricken. Councilman Prater replied he'd like it stricken and omitted down to where it starts reading "guide dogs". He added that they can't take care of the dogs on the street, let alone on the beach. Mayor Baugh questioned Preemption of Municipal Ordinances on page 2. He asked if the County will write the ordinance regardless of what the cities do. Mr. McIntosh replied that was granted to them by the charter. Mayor Baugh said that New Smyrna Beach is now opposing this, and anything they have pertaining to the beach, even if it doesn't matter, would still be preempted by the County Council under this section. Mr. McIntosh said pertaining to services and things of that nature, and there is some discrepancy but that's being worked out. He added that the ordinances they're referring to are the ones in here which deal with the public safety and protection. There were no further comments from Council. Mr. McIntosh then introduced Mr. Art Graham, the County's Beach Manager. Henry Dardinski, 2704 Sabal Palm, questioned at length the availability of this ordinance for the public review prior to this meeting so they could have more input. Mr. McIntosh explained the many meetings they'd had since February, with each one being open to the public and press, and newspaper articles being written about them. Mr. McIntosh added that the County Council will publish a modified edition before it goes to them for adoption. Mayor Baugh asked when it goes to the County and Mr. McIntosh replied the Beach Trust is this Thursday and then it will go to the County. Mayor Baugh advised the audience that a copy is available in City Hall and it can be read between now and when it goes to the County Council. He noted that Mr. McIntosh will take their comments. Art Graham, Beach Director, Volusia County, stated that the County Council's schedule for public hearing is November 16th in the Council Chambers at 1:00. Mayor Baugh noted there's still time for input to the County Council for that meeting. Mayor Baugh then requested a motion to adjourn the Public Hearing and go back to the regular meeting. Councilman Prater so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. o o APPROVAL OF MINUTES Clarification of motion to approve September 21, 1987 minutes (From October 5, 1987) - City Clerk Martinez stated that the motion had two seconds and it needs clarification. She read the excerpt of the October 5, 1987, minutes. Councilman Prater moved to accept the minutes as corrected. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Special Meeting of October 1, 1987 - Councilman Asting moved they adopt the minutes of October 1. Councilman Prater seconded with a question of who made the motion to adjourn. Sue Koser, recording secretary, clarified the motion was made by Councilman Prater and seconded by Councilman Rotundo. City Clerk Martinez stated that correction will be made on the original minutes. Councilman Asting agreed to include that in his motion. Councilman Prater agreed to accept that in the second. Motion CARRIED 5-0. Regular Meeting of October 5, 1987 - Councilman Rotundo moved they accept the minutes. Councilman Prater seconded the motion. Councilman Mitchum stated that on page 5, under Council/Officers Reports, he'd like to see a correction, the part that says Councilman Asting was stating for the record that Councilman Mitchum moved not to accept the resignation in his motion, and he did not move not to accept the resignation, but to write a letter. Mayor Baugh advised that Sue Koser will listen to the tape and let them know just what was said. Councilman Asting said he'd also like to see the statement that was made. Mayor Baugh suggested they TABLE this until the next Council meeting. Councilman Rotundo withdrew his motion and Councilman Prater withdrew his second. Mayor Baugh requested a motion to TABLE this until the next Council meeting. Councilman Prater so moved. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Special Meeting of October 8, 1987 - Councilman Prater moved they adopt the minutes of October 8, 1987. Councilman Mitchum seconded the motion. Motion CARRIED 4-1. Councilman Asting voted NO. Regular Meeting of October 5, 1987 - City Attorney Alvarez stated that this is a regular meeting and to table the entire meeting can pose some questions about decisions made, and if there's a question on a specific point, the minutes can be adopted subject to the particular section being brought back to the Council rather than the entire minutes. Councilman Prater withdrew his motion to TABLE and Councilman Mitchum withdrew his second. Mayor Baugh asked for Council's decision on the recommendation of the City Attorney, subject to clarification of that one section. Councilman Rotundo so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Rotundo moved they pay these bills. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Clerk Martinez read the September 29, 1987, memo from Dennis Fischer, Building Official/Code Enforcement Officer, regarding his inability to obtain a purchase order prior to completion of a project by Howard Lamb. She noted that the total was $350.00. Councilman Asting moved to pay the bill. Councilman Prater seconded the motion. Mayor Baugh asked how long Mr. Fischer knew that Mr. Lamb was going to do the work prior to doing it. City Clerk Martinez replied they contacted him Friday afternoon and the man did the work on Saturday. Mayor Baugh asked if he could have obtained a purchase order and City Clerk Martinez replied yes, but he was in a hurry and neglected to do so. Motion CARRIED 5-0. MISCELLANEOUS John Scherz, 905 Egret Court, stated the newsletter suggested by the Mayor is a good idea and most people would like more information about what's going on in the City, and the sooner the better. He referred to a Councilman's statement that agitators are causing trouble at Council meetings and disrupting department proceedings, but he doesn't get up to do any of these things. He explained his reasons as a concerned citizen, with no axe to grind on Councilor any Department Head. He said he wants elected officials to do the job they're elected to and Department Heads to do the job they're paid for. He said he'd like to see things in document form or on tape. He stated that no merit raises should be given to Department Heads until they find out who is who and what they're doing. He added that some do a good job and some don't even know what's going on. He stated that citizens should be able to voice their opinion without being criticized of being an agitator. -2- Council Regular Meeting Minutes October 19, 1987 o o MISCELLANEOUS (Continued) - Freeman Newell, South Ridgewood Avenue, asked if anything has been heard from the School Board regarding the road. Mayor Baugh and City Clerk Martinez replied they had not heard anything. Mr. Newell asked why it took nine working days to get the letter mailed to the School Board. Mayor Baugh replied he didn't sign the letter because there were some things on the rough draft that were not as Council requested so he checked with the City Attorney and he advised it shouldn't be in that letter so he got back with the City Clerk and it was redrafted and then mailed. City Clerk Martinez agreed that was correct. Mayor Baugh advised Mr. Newell that he'll get in touch with him personally when he hears about it. Frank Opal, Florida Shores, asked Mayor Baugh when he left town last week and Mayor Baugh replied on Wednesday. Mr. Opal asked why the City Clerk and Mr. Asting were riding around together. Mayor Baugh explained the "90 and Older Club" which has 60 to 65 people, and a letter from the Mayor's office and a small plant for the occasion, and they were delivering the plant and the letter. Mr. Opal said if the Mayor hangs around the City more, he'll know what's going on. He referred to articles in the paper while the Mayor was gone and advised the Mayor that people who supported him before now are out to get him. He referred to when the City Clerk was employed by the City years ago and she left because she couldn't get a raise. He referred to previous employment of the City Clerk. Mayor Baugh asked that he get to the point. Mr. Opal replied that people think she's been here since day one and she was gone for a long time and they had other city clerks in the interim. He said he's not knocking anyone but he knocks them when it's needed. He said the circus never left this town and it just laid dormant and is now being revived. Mr. Opal asked if the Superintendent of Public Works was appointed by resolution. Mayor Baugh replied no. Mr. Opal said it should be in the paper and Mayor Baugh agreed it will be. Mr. Opal asked if he'd accepted the job and Mayor Baugh replied he doesn't know. Mr. Opal said there should be a resolution and they failed to act on it. He said they hushed the Ron Austin resignation but they don't even know if the man to replace him wants the job. Mayor Baugh clarified they appointed a temporary Superintendent. Mayor Baugh stated that the time limit is up and asked if any Council member wanted to hear further from Mr. Opal. Councilman Rotundo replied he's had the floor long enough and no other Council member indicated being in favor of his continuing. Frank Roe, 2732 Juniper Drive, asked the status of Ron Austin. Mayor Baugh replied that he didn't accept so they temporarily appointed an individual to the job and if Council wishes, they'll advertise. Mr. Roe noted the resignation was not accepted and a Councilman said he could work for Edgewater. He asked Councilman Mitchum if he advocates hiring people who misuse City property. Councilman Mitchum pointed out that nobody has been convicted of anything and there's a legal liability they have and he'd made a motion to send a letter to Mr. Austin based on what they had to work with, and he'd do it again. Mr. Roe said he's not saying anything against Ron Austin, but as far as material facts are concerned, does he advocates people misusing City property. Councilman Mitchum replied that he does not. Mr. Roe said he's lucky to get elected on this Council and Councilman Mitchum replied he'll deal with it next November. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Prater made the following statement for the record: "I have never refused to come to City Hall to discuss or take care of any City business on call by City officials to do so. Neither do I fail to do my homework as stated. Thank you." Councilman Asting replied to Mr. Opal that on Thursday afternoon he came to City Hall to deliver the plant and letter in lieu of the Mayor, and they went from City Hall to the Edgewater Mobile Home Park and delivered it to the resident who lives there for the 90th birthday and they left there and came back to City Hall, and there was no riding around. -3- Council Regular Meeting Minutes October 19, 1987 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - City Attorney Reports - City Attorney Alvarez said he'll bring back in writing the recent decision by the circuit court regarding the impact fees litigation. He noted there are three different versions of the order pre- sented by three different sides involved in the litigation and they'll see which one or a combination the judge will follow when they get it in writing. City Attorney Alvarez explained his research on the questions raised by Mr. Klein at the last meeting took him back to 1982. He said he hasn't been able to put everything in writing due to recent court decisions he mentioned and he'll discuss it under item 7.A. or he can take his research and put it together in written memo to Council and the public to review, whichever is Council's pleasure. Mayor Baugh asked if they want an oral or written report from the City Attorney. City Attorney Alvarez explained that in the written memo he'll be able to provide minutes of meetings and rather than anyone trying to make conclusions, they could read the minutes and look at the facts and formulate their own independent individual conclusions. City Attorney Alvarez stated the petition is coming up tonight and all Council can do is accept it, and then pursuant to State law, the attorney shall draw the necessary legislation to go to the voters if the Supervisor of Elections Katherine Odham certifies the required number of signatures. He added the question will come back to Council for determination of the form of the ballot. He noted there are 2 or 3 more times this issue has to be dealt with by Council, based on prior experience with a similar question in 1983 when a petition was presented to Council February 7, 1983 to dissolve the City Manager form of government as it existed then. City Council Reports - Mayor Baugh stated there's a pre-construction meeting to be held the next day on October 20th and he's asking Councilman Asting or Councilman Prater if they could attend this meeting because he's not able to. He noted that it's at 10 A.M. Councilman Asting replied that he cannot make it. Councilman Prater asked the location and Mayor Baugh replied in City Hall. Councilman Prater stated he'll attend the meeting. Mayor Baugh passed to him the information on the meeting. City Clerk Reports - City Clerk Martinez had no report for this meeting. Councilman Rotundo asked if they'd decided on a written report and Mayor Baugh replied it will come up under 7.A. Police Chief's request for City Attorney to commence forfeiture action - City Clerk Martinez read the September 30th memo from Chief Schumaker asking that the City Attorney be instructed to institute forfeiture proceedings against items listed in a report from Sgt. McEver. Mayor Baugh asked if the City Attorney has spoken with him about this. City Attorney Alvarez replied that he'd reviewed the materials submitted to his office and he recommends th request be authorized. Councilman Asting moved they authorize the Attorney to commence forfeiture action on the items mentioned. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Public Works Dept. re: Agreement with "The Lake Doctors Inc." for weed control at Queen Palm Lake - City Clerk Martinez stated they have a form contract from the firm Lake Doctors, Inc., and last year the City Attorney reviewed the form and agreed to its content, and they'd like authorization again this year to pursue it for the 12 inspections and treatments as necessary for the Queen Palm lake at a cost of $1,945. She noted that the date on the contract will be changed by the company if Council approves it. Councilman Asting asked if this item was budgeted and City Clerk Martinez replied there was $10,000. budgeted for this item. Councilman Prater asked if anyone can give a report on whether they're getting their money's worth on this job. Mayor Baugh asked if it was effective. City Clerk Martinez replied it was very successful last year and they didn't have trouble until the rain stopped and the lake went down, but if they get to it early enough they can prevent that from happening later on. Councilman Asting asked about the dead fish and City Clerk Martinez replied it was due to lack of oxygen from the overgrowth of weeds. Councilman Asting moved they enter into the agreement with The Lake Doctors for the treatment of the Queen Palm lake. Councilman Rotundo seconded the motion. Mayor Baugh asked why it's just this lake and Councilman Asting replied it's the one with problems. City Clerk Martinez noted it's the largest lake with the largest problem and they can address others as needed. Motion CARRIED 5-0. -4- Council Regular Meeting Minutes October 19, 1987 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) _ , Utilities Superintendent's recommendation on bids for Flagler Avenue and South Riverside Drive sewer rehabilitation - City Clerk Martinez read the October 13th memo from Utilities Superintendent Terry A. Wadsworth regarding the recommendation that the bid for the Flagler Avenue project be awarded to Insituform Southeast, Inc. for $109,900.00. Mayor Baugh asked Mr. Wadsworth how many people were sent bids and Mr. Wadsworth replied they have a bidders list as required by law and also advertised in the paper, but this is a specialized work and is reconstruction rather than replacing. Mr. Wadsworth noted that it's an expensive alternative but is cheaper than replacing the road and the whole sewer line. Mayor Baugh asked if there's any type of guarantee on it and Mr. Wadsworth replied yes, there's a warranty on it. Mayor Baugh asked if the engineers were satisfied with the bids and Mr. Wadsworth replied they reviewed individual prices and there was a slight increase over last year's estimates due to some material costs and state sales tax due to being a service institution. He added that it bid at about $8,000. more than what they talked about last year. Mayor Baugh asked what engineer he reviewed these with and Mr. Wadsworth replied it was one of the last two projects awarded to Marshall Engineers. Councilman Asting asked if there's money in the budget for this and Mr. Wadsworth replied yes, for both these items. Councilman Asting asked it if was specifically budgeted and Mr. Wadsworth replied yes. Councilman Prater expressed concern with just one bid for that amount of money, noting that there's a legitimate reason for it. Mayor Baugh said he doesn't like to spend that much only on one bid. Mr. Wadsworth noted with this firm the laterals can be cut from inside the pipe for each where with other types of linings all the laterals have to be cut individually, and this method saves a lot of money. Mr. Gerry Hartman, Dyer, Riddle, Mills & Precourt, Inc., said this type of job is not like a regular pipe line work but is reconstruction is highly specialized. He noted that usually only a couple of firms can do this type of project, and Insituform is very good. Councilman Prater asked if he's familiar with the work of this firm for this type of work and Mr. Hartman replied yes, and they did good work. Councilman Prater asked if the price is in line with other jobs. Mr. Hartman replied he didn't review the prices but it looks very reasonable and the cost of $50 per linear foot for conversion line with a warranty is in line. He again noted that this is a highly specialized job and done in a manner that doesn't disrupt stormwater, other utilities, and tear up the street. Councilman Asting moved that they authorize the repair of this Flagler Avenue sewer system. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. South Riverside Drive - City Clerk Martinez then read the portion of the October 13, 1987, memo from Utilities Superintendent Terry A. Wadsworth recommending the bid be awarded to the low bidder, Griners A-One Pipeline Services, at $28,706.00. Councilman Prater moved to grant him this request for Griners A-One Pipeline Services,Inc.at $28,706. Councilman Asting seconded the motion. Mayor Baugh asked if this is the same type as they did to the North and Mr. Wadsworth replied yes, and he thinks they can have the job done for less than bid price because this includes all the laterals and not all need repairs so it will be deducted, so it could be $10,000. under bid price because it was bid on unit prices. He noted that the low bidder has a machine that can do the work internally. Motion CARRIED 5-0. Librarian Gayle Harmon re: use of historical photographs by Canaveral National Seashore - Mrs. Harmon said she received a letter from Kathy Spellman, Park Ranger for Canaveral National Seashore, and she's preparing a slide show to be shown which portrays the lifestyles of early settlers and they have 27 pictures that can be used in her presentation if she's given permission to do so. She noted that she's cooperated with Canaveral in the past and was reluctant then but since JoAnne Sikes was named historian they've had negatives and prints made so there's no longer any danger involved. She suggested they cooperate with Canaveral National Seashore on this project. Councilman Asting moved they authorize Gayle Harmon to cooperate on the Canaveral National Seashore project. Councilman Prater seconded the motion. Motion CARRIED 5-0. -5- Council Regular Meeting Minutes October 19, 1987 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Historian JoAnne Sikes' request to use historical photographs to illustrate her publication - Mrs. Sikes explained that she's been putting down information she's gathered about the history of Hawks Park-Edgewater area and she'd like to do a booklet or book form and would like to have it published. She said she'd like permission to use some of the old photographs for illustration. She noted that she'd spent the morning with about 160 elementary school students showing them slides they were allowed to reproduce. She pointed out that they have the negatives and old photographs wouldn't have to be taken out of the building, but just used to illustrate. Mayor Baugh thanked her and recommended they allow her to use whatever pictures are necessary. Councilman Asting so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Merit Board's recommendation to extend merit scale through alphabet, and to award increase to those off scale if evaluation warranted it (Tabled Oct. 5, 1987) - Mayor Baugh asked if Councilman Asting wants to remove it from the table. Councilman Asting so moved. Mayor Baugh asked if Councilman Mitchum wanted to second and Councilman Mitchum replied yes. Motion CARRIED 5-0. Mayor Baugh said he'd checked with a couple of people on the Merit Board and he has no problems with giving the individuals the increases they deserve but they shouldn't go through the alphabet. He recommended they extend to five steps from where it now ends at J and go to 0 on the merit scale. Councilman Asting offered an alternative for consideration that they prepare an ordinance that would take care of City employees who cap out of the merit plan, probably after 10-15 years working for the City, and have some kind of longevity program that could authorize salary increases based on performance. He added that the work loads are increasing with the growth and something should be done for recognition of some kind for longevity pay periodically until they retire after they cap out. Mayor Baugh said he'd been told the Merit Board is working on a longevity plan and to give them the five steps would give the Merit Board time to come up with some type of longevity program to be accepted by the City. Councilman Asting asked if the five steps would be temporary and Mayor Baugh replied no, it would be permanent. Councilman Asting asked if after that, they'd go on longevity and Mayor Baugh replied yes. Councilman Asting moved they go ahead and increase the number of steps by five and the Merit Board to work on a longevity pay program. Councilman Rotundo seconded the motion. Mayor Baugh asked if there's a problem with working out the percentages on the pay scale and City Clerk Martinez replied no. Motion CARRIED 5-0. Councilman Asting requested a five-minute recess at 8:12 P.M. Mayor Baugh called a recess. Mayor Baugh called the meeting back to order at 8:22 P.M. COMMUNICATIONS Mr. Bill Klein's presentation of petition (From October 5, 1987 meeting) - Bill Klein, 2910 Needle Palm, thanked the people who were present. He noted they were here to hear the answers to the questions. He stated that four years ago they held a referendum and asked the people whether they wanted the position of City Manager removed from the Charter and that was passed and it was removed by 11 votes. He asked if it was ever presented to the people to decide then what kind of city manager, clerk/administrator, or whatever it was. City Attorney Alvarez replied no, that issue was never presented. Mr. Klein suggested they could get a partial agreement to answer some of the questions and then get the technical terms down. Mayor Baugh said they'll do that and will do a synopsis of the answers and then prepare in writing more detail. City Attorney Alvarez agreed. -6- Council Regular Meeting Minutes October 19, 1987 o o COMMUNICATIONS (Continued) - Mr. Bill Klein's presentation of petition (From October 5, 1987 meeting) (Continued) - Mr. Klein read from the petition: "We the undersigned registered voters of Edgewater, petition the City Council of Edgewater to either by Ordinance, or referendum to add the amendment to the Charter reinstating the position of "City Manager". We request that the City Manager be required to live in the City Limits of Edgewater, and the individual be required to receive voter approval of job performance every two years." He presented the petitions to the Mayor and said he hoped they'd be sealed and given to the Attorney to be given to the County and a copy made of each one because they didn't have time to make one. He said there are 817 signatures. Councilman Prater asked the number of sheets of paper and Mr. Klein replied it's totalled on the inside. Mayor Baugh asked if the City Attorney should make the copies and take it to Katherine Odham or if copies should be made at City Hall. City Attorney Alvarez replied he'll work any way that's expeditious, but by Charter the City Clerk is the supervisor of elections for a city and the procedure they used in the past is to make copies of the petition and someone responsible from the City's election group takes the petition to Katherine Odham for a certification of signatures. He added the last time they received the petition February 7, 1983, and on February 11, 1983 Katherine Odham issued her certification on the signatures. He noted that Susan Wadsworth is the City's supervisor of elections but he'll be happy to take the petitions. Mayor Baugh said it's up to Council whether the City Attorney or Susan Wadsworth takes it to Deland. After brief discussion, Mayor Baugh noted that these will be turned over to Susan Wadsworth and let her make the copies and she'll take it to Deland. Mr. Klein asked for a copy and no Council member expressed an objection. Mr. Frank Opal called a point of order from the audience. Mayor Baugh asked that he wait. City Attorney Alvarez asked City Clerk Martinez to number the pages. Mayor Baugh agreed. Mr. Klein said there are 40 pages there. City Attorney Alvarez asked if the yellow page is part of the record and Mr. Klein replied that's part of his record. City Attorney Alvarez suggested they give it back to him. Mayor Baugh stated they accepted the petition and it will be numbered and turned over to Susan Wadsworth and after copies are made, it will be taken to Deland for verification of signatures. Mr. Opal again called a point of order, and asked about the charter number 27532 being used in this case when you make an amendment. Mayor Baugh replied it will be taken care of in the proper way. City Attorney Alvarez and Mr. Klein then began a review of the questions asked by Mr. Klein at the October 5th meeting. Mr. Klein asked where the title of City Clerk/Administrator came from. City Attorney Alvarez replied that's a working title they developed since July 20, 1983, and at that time the Council adopted Resolution 83-R-57 which came up for reconsideration on August 20, 1984, and on August 24, 1984, and on November 19, 1984, and Resolution 84-R-55 repealed 83-R-57. Mayor Baugh advised Mr. Klein at this time that the pages were numbered and there were 40 pages. Mr. Klein asked what Resolution 83-R-57 says and City Attorney Alvarez read a portion of that Resolution which designated Cornelia A. Kinsey as Finance and Administration Director. He added that the question of why has an answer contained in February, 1983, when the City Manager form of government was abolished by the voters. He said there was a question of day to day affairs of the City and City Council decided through an organizational chart which spelled out the different duties. He noted that when the petition came in it did not have a provision for the form of government and it caused a vacuum at that time. He noted that he has verbatim minutes of a Council member at that time when the temporary measure was put to work. He said it continued until November when it was repealed and on December 3, 1984 at the change of Council, 84-R-60 was adopted and they reinstated the old 83-R-57. He said Resolution 87-R-16 is the latest amendment to 84-R-60 which restructured the duties and responsibilities of Cornelia A. Martinez as City Administrator. He said the title came through legislative evolution resulting from the City Manager form of government being abolished in 1983. -7- Council Regular Meeting Minutes October 19, 1987 o o COMMUNICATIONS (Continued) - Mr. Bill Klein's presentation of petition (From October 5, 1987 meeting) (Continued) - Mr. Klein then asked who gave the City Clerk/Administrator the powers she has. City Attorney Alvarez asked what powers he means, as the resolution provides for certain powers. Mr. Klein asked if that's 87-R-16 and City Attorney Alvarez replied that he needs to look at the two of them, 84-R-60 and 87-R-16 and then zero in on what he's referring to. Mr. Klein asked why Sue Koser is taking notes because he understands the City Clerk should be taking notes. He asked why she has to be here since they're taping on a tape recorder. City Attorney Alvarez replied the answer is one of practicality, and as the City grows and the minutes become voluminous, they'll find the actual duties of the recording and transcribing of the minutes is assigned to a specific individual who does just that and it can be a time consuming task. Mr. Klein noted that when the boards meet they have a secretary who takes the minutes and copies them. Mr. Klein asked if the City Clerk is also the Finance Director, and if so, why does Karen Rickelman do all the work on the budget. City Attorney Alvarez replied he can't answer that, but believes she is Finance Director, and will research that. Mr. Klein asked if the City Clerk/Administrator is also the Personnel Officer and City Attorney Alvarez replied yes. Mr. Klein asked why she attends Merit Board meetings if she is. City Attorney Alvarez said there's something in the Charter, and he can bring the answer to that. Mr. Klein asked what type of government they have, and who is running the City, the Councilor the City Clerk/Administrator. He added he thinks it's up to the individuals as to how they feel. City Attorney Alvarez explained there are three basic types of government, and Council-Manager is the pre- vailing form and the legislative body delegates to a City Manager the adminis- tration of the City and there's a separation of powers, the legislative and administrative branches. He said in smaller municipalities they find the Council form of government and the Council legislates and conducts the adminis- trative affairs of the City. He noted that presents a problem due to the Sunshine Law with Council members getting together and discussing it. He added there is a Council-Mayor form of government and the administrative duties of the City are delegated to an elected Mayor and he's a full time Mayor and functions as a City Manager. He said taking those three basic forms, and looking at Edgewater's Charter, we have a combination but the closest is the Council form of government with the ability in the Charter for the Council to delegate to the Mayor any other duties beyond those contained in the Charter. Mr. Klein asked why the Mayor and Council allow the City Clerk/Administrator to run the entire City without supervision from the Mayor and elected officials because they're not getting the reports back that they should. He added that it seems to the people that the Council and Mayor really don't have much to say about what happens in this City. City Attorney Alvarez noted that's not a legal question. Mr. Klein agreed everyone has to form their own opinion. City Attorney Alvarez suggested they get the minutes to review. Mr. Klein asked if what they're saying is that four years ago the Mayor and Council acted legally and put it on the ballot for the referendum to the people and that in turn took out of the Charter the position of City Manager. City Attorney Alvarez replied~yes. Mr. Klein stated since that time the Mayor and Council has not seen fit to put it back to a referendum of the people of what kind of City government they want and have used resolutions to authorize the way they want to run this City. City Attorney Alvarez said he can't speak for past Council. Mr. Klein asked if there was ever another referendum and City Attorney Alvarez replied no. Mr. Klein stated there was no other refer- endum to the people of what they want and City Attorney Alvarez replied that's right. Mr. Klein stated everything has been done by the Mayor and City Council by resolution and City Attorney Alvarez replied yes. -8- Council Regular Meeting Minutes October 19, 1987 o o COMMUNICATIONS (Continued) - Mr. Bill Klein's presentation of petition (From October 5, 1987 meeting) (Continued) - Mr. Klein stated he's not opposed to Mrs. Martinez and if she's qualified for the job, fine, but he's opposed to what the City has done in the past when they legally went through the procedures of dropping the City Manager and then took it upon themselves by resolution to decide what the people want. He noted that the petition says they want the people to decide what they want, if not this way, then come back with another way. Mayor Baugh stated that he'd told the Council that he'd be in City Hall more and wasn't in as much as he'd like, but hopes to be in more. He said he went over things in City Hall and he's being advised of things that are happening and they go over a list, and as far as he's concerned, she's working according to the Charter for the City Clerk over the last two weeks. Mr. Klein stated that a newsletter will help but he questions $20,000 going into a newspaper when they could have a public relations officer do it. He said some people think the Mayor and Council should do this or that, but he explains to them that it's part time and they only draw $500 a month for the Mayor and $400 a month for the others and they spend many hours in getting the job done. He suggested that with growth they may want to look at a full time Mayor as New Smyrna Beach has. Mayor Baugh clarified that New Smyrna Beach has a City Manager and their Mayor is not full time and makes less than he does. Mr. Klein stated he admires the Mayor because Council mandated that he oversees and takes charge but he thinks it should be presented to the people. Ken Dore, asked about the 1972 Home Rules Act and if this is a legal govern- ment. City Attorney Alvarez clarified it was 1973. Mr. Dore asked about a change in the form of governemnt and City Attorney Alvarez replied it was not a change in the form of government. Mr. Dore stated it is a change and it's not a strong Mayor and not a City Clerk form and they eliminated the City Manager. City Attorney Alvarez explained they have a City Council form of government and delegate the day to day affairs of the City through the City Clerk. Mr. Dore asked if they ever had that before 1973 and City Attorney Alvarez replied he doesn't know. City Attorney Alvarez pointed out that resolutions only convey certain specific ex officio day to day duties and the handling of the City government is up to Council. Mr. Dore asked if it's a legal form of government and City Attorney Alvarez replied in form they have a City Council form of government and the City Clerk/Administrator performing duties has not yet been established. Mr. Dore stated they didn't have a referendum for that. John Siburn, Connecticut Avenue, said past Council passed a motion that the City Manager can hire and fire and he argued against it, and he worked on getting rid of a City Manager for a long time. He said then Council had to have someone run the departments and report back to Council and they didn't give the Administrator the power to fire and she's to go to Council for that. Mayor Baugh agreed. Mr. Siburn noted that quite a few prior managers weren't up to par. Mayor Baugh asked that the City Attorney prepare his opinion as to the type of government they have and a recommendation to Council as to how it should go to make sure there's no problem with the type of government when he prepares the answer. City Attorney Alvarez explained that he'd written a memo in 1983 and will attach it to his answers. He added that the matter will be dealt with and at the time the Council goes to the voters they'll not go with just one question of City Manager, Yes or No, or they'll be back where they were four years ago and they need to look at alternatives and present them to the voters. -9- Council Regular Meeting Minutes October 19, 1987 o o COMMUNICATIONS (Continued) - Volusia County Business Development Corporation's request for City's membership contribution of $5,519.50 - Mayor Baugh stated this is a budgeted item and they contribute to them and they were instrumental in getting Boston Whaler in this area. City Clerk Martinez pointed out it's 50~ per capita based on the 1986 population figures. Mayor Baugh recommended they go ahead and approve this. Councilman Mitchum so moved. Councilman Prater seconded the motion. Motion CARRIED 3-2. Councilman Rotundo and Councilman Asting voted NO. ORDINANCES AND RESOLUTIONS Ord. 87-0-25 Establishing policy for dishonored checks - City Attorney Alvarez read this Ordinance. ORD. 87-0-25 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ESTABLISHING A POLICY FOR DISHONORED CHECKS, PROVIDING FOR COLLECTION OF A FEE UP TO TWENTY-FIVE ($25.00) DOLLARS; PRO- VIDING FOR WARNINGS, AND PENALTIES FOR DISHONORED CHECKS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh stated this is first reading. Councilman Asting moved they adopt the Ordinance. Councilman Prater seconded the motion. Councilman Mitchum asked if this is done in other towns and we're following them. City Attorney Alvarez replied they're primarily following the State Statutes on the $25.00 maximum and the second part of it is the continuous offender and placing them on a list where they don't accept the personal checks. He added that the person will receive two warnings and at the third check, the account will be placed on a no personal check list. Motion CARRIED 4-1. Councilman Mitchum voted NO. Res. 87-R-35 Authorizing appropriate officials to execute agreement for engineering services with Dyer, Riddle, Mills & Precourt, Inc. - City Attorney Alvarez read this Resolution. RES. 87-R-35 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE CITY OFFICIALS OF THE CITY OF EDGEWATER TO EXECUTE AN AGREEMENT FOR ENGINEERING SERVICES WITH DYER, RIDDLE, MILLS & PRECOURT, INC.; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting moved they adopt the Resolution. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez stated the agreement is for continuing engineering services and Mr. Hartman as continuing consulting engineer should be included with the CIP group they have. Mayor Baugh agreed that's all right. and said he received a copy of a letter today and he gave Council and the City Clerk the information. He asked for a motion from Council, as a member of the CIP program, to include our engineer as one of the staff. Councilman Mitchum so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez stated he requested that motion because if Council wants to go ahead and bid the CIP program, he wants to ask Mr. Hartman if he could give them the necessary information at this time for that bid to go out. Mr. Hartman replied not at this time and at this juncture a little more definition .of the CIP projects will be required. City Attorney Alvarez noted that what they have now is a continuing consulting service with Dyer, Riddle, Mills & Precourt. Mayor Baugh said they named Mr. Hartman as the representative of that firm for the board and City Attorney Alvarez agreed. City Attorney Alvarez suggested Mr. Hartman proceed to define and design and complete the definition and designing on the implementation of the ClP and come back to Council with a final product. He noted he's proceeding under the direction the Council gave at the last meeting. He noted that Council needs to authorize the firm to start doing the work and by motion authorize, then it will come back to Council in resolution form for formal approval. Mayor Baugh asked if it's for the CIP projects and City Attorney Alvarez replied yes, for the CIP projects. Mayor Baugh requested a motion as the Attorney just stated that they'll have to get the resolution and then give them directions of what to bring back to them. City Attorney Alvarez said going out for bids will be a waste of time and money and they can authorize Mr. Hartman to proceed to define the project or projects to see what it's going to be so Council can make a decision. Mayor Baugh asked if the resolution will spell out the projects and City Attorney Alvarez replied they want him to come back with them now. He said Council will authorize by motion whatever they want to authorize. -10- Council Regular Meeting Minutes October 19, 1987 "" - o o Councilman Mitchum said they need to get to bid stage and they don't know what they're bidding on. City Attorney Alvarez said they need to authorize him to proceed. Councilman Asting noted that they don't know how much it's going to cost. Councilman Mitchum said he knows the infor- mation that will enable them to and he so moved. Mayor Baugh said it's to get the information to them that they need to go forward, and it's some- thing he and the Attorney have been working on and he's been working with Mr. Sundstrom which he has a letter about today that he gave them tonight. City Attorney Alvarez said he's worked on this project over a year and he doesn't know how they could obtain a lower bid than Mr. Hartman could give us, so if he's authorized to come back with definitions of the project or projects and the design, he doesn't want to see his good faith subject to some sharp shooting firm that says they can do it for less. Mayor Baugh asked about the resolution and City Attorney Alvarez replied it will be an amendment to his agreement directing him to do the definition and design of the project and the actual meeting will be with subcontractors and contractors. Councilman Mitchum said that was what his motion was, not to bid anything, but his motion was to let him define the project and they need to keep moving on this. City Attorney Alvarez said when they're talking bidding, they're talking about who's going to do the actual digging of the street. Councilman Mitchum said they're not talking about that at all, it's to define and design the project. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mayor Baugh suggested that if Council wants to add to or take away, some of the projects should be the sewer, water, municipal services of fire and police, stormwater improvements, and paving of the streets if they can include that in the project. Councilman Asting stated they're talking a fortune. Mayor Baugh said not to get the figures for it and they could also have parks and public safety. Mr. Hartman said they have varied categories and in definition stage is to bring back information with an engineering analysis with a cost for it with different categories and they can look at the projects and costs and go through them and have workshops and go through definitions. He noted that the financing mechanisms are changing and the stock market has dropped dramatically. He added that Solomon closed their doors on municipal financing and they need to define the projects and get moving with what they can package up. He suggested they may want to pursue implementation on a phased manner. Mayor Baugh asked a time frame and Mr. Hartman replied it's 30 to 45 days for defining. Mayor Baugh asked if the information from before can be used and Mr. Hartman replied definitely. Mr. Hartman noted that designing will take a lot longer, and they'll look into priority of the projects and financing of the projects. City Attorney Alvarez said they'll define the project or projects and Council will make a selection and then they'll proceed to design. Mr. Hartman replied yes. City Attorney Alvarez said after design, they'll proceed to bid and Mr. Hartman agreed. City Attorney Alvarez said he'll bring the resolution to the next meeting and incorporate that into the agreement. Mayor Baugh questioned if a motion is necessary to direct the City Attorney to prepare the amendment to the agreement. Councilman Mitchum so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mr. Hartman brought up the preliminary design for the wellfield and the water treatment plant and preliminary work done on the wastewater treatment plant and the wastewater collection system. He said the one area on water and waste- water that had not been defined was the area on system hydraulic analysis, the pipe lines, hydrants, and fire protection on those hydrants, and th~t's another activity that needs to be looked at. City Attorney Alvarez said he feels that's encompassed in the motion, but they can work on it in the amend- ment to the agreement. -11- Council Regular Meeting Minutes October 19, 1987 Q o Mayor Baugh stated he talked with Bill Sundstrom, a member of the board, and asked him to get quotes from people who could bid this. He said he checked to see who could give them the best financing of a project of this magnitude and he came back with a letter dated October 17th saying he heard from Sun Trust Securities, Inc. and from A. G. Edwards and he recommended they contact A. G. Edwards & Son., investment bankers, and let them present a package on financing this project, or a project of this magnitude as they have ways of saving money. He asked for a motion to call a special meeting and have these individuals from A. G. Edwards and Sons come down and make a presentation of how it can be financed. Councilman Mitchum so moved. Councilman Asting stated they don't need a motion to call a special meeting as the Mayor can call it any time he wants to. Mayor Baugh said he wants to invite them to come down and didn't want to do it without authorization of the Council. Councilman Prater seconded the motion. Motion CARRIED 5-0. Councilman Asting stated he voted yes but feels it's unnecessary. Mayor Baugh said he'll contact them and set up a meeting when they can come down to present it to them. Res. 87-R-43 Authorizing appropriate officials to execute agreement with Halifax Humane Society of Volusia County, Inc. - City Attorney Alvarez read this Resolution. RES. 87-R-43 - 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 WITH HALIFAX HUMANE SOCIETY OF VOLUSIA COUNTY, INC."; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PRO- VIDING FOR AN EFFECTIVE DATE. Councilman Asting moved they adopt the Resolution. Councilman Prater seconded the motion. Motion CARRIED 5-0. Mayor Baugh said he'd like a letter on that resolution similar to that from the City of Daytona Beach which requested an audit. No Council member expressed an objection and Mayor Baugh asked the City Clerk to write the letter. Res. 87-R-44 Authorizing appropriate officials to execute Public Library Con- struction Agreement with Department of State - City Attorney Alvarez read this Resolution. RES. 87-R-44 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE "A PUBLIC LIBRARY CONSTRUCTION GRANT AGREEMENT" BETWEEN THE STATE OF FLORIDA, DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES AND THE CITY OF EDGEWATER; REPEALING ALL RESOLUTIONS IN CONFLICT HERE- WITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Rotundo moved they accept this Resolution. Councilman Prater seconded the motion. Motion CARRIED 5-0. Res. 87-R-45 Authorizing appropriate officials to execute Cooperation Agreement with County of Volusia - City Attorney Alvarez read this Resolution. RES. 87-R-45 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, FLORIDA, TO EXECUTE "THE COOPERATION AGREEMENT WITH THE COUNTY OF VOLUSIA"; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Prater moved they adopt Resolution 87-R-45. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. UNFINISHED BUSINESS There was no Unfinished Business brought up at this meeting. NEW BUSINESS There was no New Business brought up at this meeting. ADJOURN Mayor Baugh requested a motion to adjourn. Councilman Asting so moved. Councilman Rotundo seconded the motion. Meeting was adjourned at 9:35 P.M. Minutes submitted by: Lura Sue Koser NCILMAN - ON TWO CO~;~# ~ COUNCILMAN - ZONE FOUR ~ ~ CITY CLER ~ ApRr ved this ~ day of tJ'Y"" 9 8 2... . -12- Council Regular Meeting Minutes October 19, 1987