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06-29-1988 - Regular (.) <J CITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 29, 1988 MINUTES CALL TO ORDER Mayor Baugh called the meeting to order at 7:00 P.M. in the Community Center. ROLL CALL Mayor Earl Baugh Councilman Louis Rotundo Councilman Russell Prater Councilman Neil Asting Councilman David Mitchum Present Present Present Excused Present City Attorney Jose'Alvarez Interim City Manager Dennis Kelly Acting City Clerk Susan Wadsworth Lt. Bill Britain Present Present Present Present INVOCATION, SALUTE TO THE FLAG Reverend Harvey Hardin, retired Methodist minister, delivered the invocation. There was a salute to the Flag. APPROVAL OF MINUTES Regular Meeting of June 20, 1988 - Councilman Mitchum moved they approve the minutes. Councilman Prater seconded the motion. Motion CARRIED 4-0. BILLS AND ACCOUNTS Councilman Prater moved they pay the bills and accounts. Councilman Rotundo seconded the motion. Mr. Kelly stated there was a supplemental bill for Regency Electronics for $58.00. Councilman Prater agreed to include that in his motion and Councilman Rotundo agreed as the second. Motion CARRIED 4-0. MISCELLANEOUS Dominick Fazzone, 302 Paradise Lane, spoke on the new Library and requested a bronze plaque be placed on the building. Mayor Baugh stated Gayle Harmon is looking for a plaque. John Siburn, Connecticut Ave~ue, asked about the change in the Miscellaneous section as he doesn't want a gag rule. Shirley Garthwaite, 10 Lee Drive, spoke in opposition to the time limit, the Miscellaneous being taken away and the four year terms for Council and consent agenda. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Prater pointed out it's almost five months since the February 2nd referendum vote and only one of the three issues has been implemented. He moved that the City Attorney draw up a draft ordinance requiring all Edgewater City Department Heads to reside in the City limits of Edgewater. Councilman Mitchum seconded the motion. Councilman Prater asked that it be at the next regular meeting. Councilman Rotundo asked if it's the present Department Heads or those they appoint and Councilman Prater replied all. Motion CARRIED 3-1. Councilman Rotundo voted NO. City Attorney Reports - City Attorney Alvarez had no report at this time. Interim City Manager - Engagement letter addendum - Brent Millikan & Co. - Mr. Kelly stated he and Mr. Kish reached a compromise number of $34,000 for the cap and it was negotiated down from the $38,500 figure, with notification to the City Council if it exceeds that amount. Mayor Baugh asked Mr. Kish if he agreed with that figure and Mr. Kish replied yes. Councilman Rotundo moved they accept this. Councilman Prater seconded the motion. Motion CARRIED 4-0. Q o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Interim City Manager - Proposed agenda format and speaking time limit - Mr. Kelly suggested they remove the entire section on the Speaker's Card. He explained that the Miscellaneous section would be titled Citizen Comments and changed from item 4 to item 7 on the agenda, with business to be taken care of first and then have Citizen Comments with Council and Officers at the end of the agenda to close it out. He pointed out the Request for Council Action is for internal staff use only to be presented to the City Council. He reviewed the items on the R.C.A. form. He also pointed out the Consent Agenda is for routine items that are simple and don't warrant dis- cussion, but if they do want to discuss them, they remove the item from the Consent Agenda by any Council member and move it to New Business or Unfinished Business. He recommended they charge the City Attorney to bring this back in ordinance format. Councilman Prater questioned if New Business should be listed before Unfinished Business. Mr. Kelly agreed that could be switched. Councilman Prater asked about the two minute time limit and Mr. Kelly explained that most speakers only take 1 minute or 90 seconds. Councilman Prater moved they TABLE this for study and more consideration. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. Councilman Prater agreed it could come back for the next meeting. Mr. Kelly announced they received a check in the amount of $8,261 from the Florida League of Cities for the administrative savings regarding the self- insurance fund and this will go back into the general fund. Mr. Kelly announced a Special Meeting of the City Council called for Tuesday, July 5th, at 1:00 P.M. to act on the necessary documents for the Farmers Home Administration refunding and this will meet the July 11th deadline. Mr. Kelly announced the July 4th celebration with fireworks and barbeque and other activities is scheduled for July 3rd. COMMUNICATIONS There were no Communications for this agenda. ORDINANCES AND RESOLUTIONS There were no Ordinances or Resolutions for this agenda. UNFINISHED BUSINESS McCaskill Wellfield Agreement - Mr. Kelly explained a minor change to make it 30 years with an automatic 10 year extension conditioned on the non-use of E.R.U. IS, and if they don't use the E.R.U. 's in the 30 years, it will extend 10 years. Mary Hansen, 926 S. Ridgewood, stated she will accept it on behalf of Mr. McCaskill with that change and will make the change on the agreement and bring it back for execution. Councilman Rotundo questioned in Attorney Hansen or City Attorney Alvarez had written this contract. City Attorney Alvarez explained it was initially negotiated by Frank Marshall and Sam Owens and Mary Hansen joined the firm later and it was assigned to her. Councilman Rotundo asked if the City Attorney was satisfied with the contract. City Attorney Alvarez explained the various changes and negotiations held regarding the conditions and language. He pointed out that Mr. McCaskill acted in good faith in allowing the wells to be put in and he doesn't know who made the decision for an agreement, but substantial changes have been made since the original agreement. Councilman Prater questioned if he needed more time to study this and City Attorney Alvarez replied it wouldn't make that much difference as the agree- ment is to the point that they accept it or end up in court. He reviewed briefly the background and noted the decision made was binding on the City. Attorney Hansen stated she felt it's a fair agreement and in the best interest of the City. Mayor Baugh asked if it's a good agreement and City Attorney Alvarez replied it's been negotiated to the point where both have given and taken, and they're not giving anything away and if Mr. McCaskill decides to use our facilities he'll pay impact fees and out of City limits charges so it's not an unfair agreement. Councilman Rotundo moved they accept this. Councilman Prater seconded the motion. Mr. Kelly reviewed his feelings on this agreement negotiated after the fact. -2- Council Regular Meeting Minutes June 29, 1988 o ~ UNFINISHED BUSINESS (Continued) McCaskill Wellfield Agreement (Cont'd) - There was a lengthy discussion about how the commitments were made and who made them. Motion CARRIED 3-1. Councilman Mitchum voted NO. Mayor Baugh recommended they direct the City Manager to check into this and find out how it started and who was at fault if someone was at fault, and what the circumstances were and bring the report back to Council. Attorney Hansen stated she will cooperate. Councilman Mitchum questioned how they could have spent hundred of thousands of dollars of taxpayers' money and not had an agreement to put the wells in. Mr. Kelly requested time to complete this assignment due to the involvement with the budget and his review of the CIP program. Councilman Mitchum suggested he call Mr. McCaskill for an answer. He then complimented Mr. Kelly for doing a fine job. James Braddock asked if the Council voted on it and Mayor Baugh replied they voted on the wells. Mr. Braddock stated that's where the fault lies. Councilman Mitchum explained their dependence on certain people, whether a Department Head or administration, and that sometimes things slip by. After further discussion about a time frame for the report, it was decided on September 1st. City Attorney Alvarez pointed out there may be certain legal implications they're not aware of. NEW BUSINESS Merit Board's recommendations - City Clerk's job description and salary range - Russell Gold, 805 Egret Court, Chairman of the Merit Board, stated they approved the job description and salary range. There was discussion regarding whether certain items listed on the job descriptions that are currently assigned to other employees will be taken away. Mr. Kelly pointed out these will be the responsibility of the City Clerk and they may change some things during the budget process. Councilman Prater questioned why the salary for New Smyrna Beach wasn't included. Mr. Kelly replied that Mr. Pete Knowles did this while he was out. Councilman Prater moved they accept the City Clerk recommendations. Councilman Mitchum seconded the motion. Motion CARRIED 4-0. Merit Boards recommendations - Job Descriptions - Parks and Recreation/ Buildings and Grounds Department - Mr. Kelly pointed out that the memo explains the changes recommended by the Merit Board as listed in the June 24th memo from the Board Secretary Dorothy Garrity. There was discussion about the position of Recreation Leader, with Mr. Kelly explaining it was a summer position with that person being responsible for those conducting the various summer programs at the different locations. Councilman Prater asked about liability regarding safety for swimming at Menard Park. City Attorney Alvarez explained the happenings of last Spring with the meeting with the Coast Guard representative and said he doesn't know what happened after that time because it was to be handled administratively. He asked if they have buoys or markers and Mayor Baugh pointed out they got a temporary permit. City Attorney Alvarez pointed out that will eliminate some of the exposure plus they have trained lifeguards, but it's a risky activity and an exposure. He added the issue regarding pollution in the water has been raised also. Mayor Baugh stated that pollution in the water is being handled. Councilman Rotundo moved they accept these recommendations of Dave Garrett and Mr. Kelly. Councilman Mitchum asked for an explanation of the concession stand worker. Councilman Rotundo's motion DIED for lack of second. Mr. Kelly explained the positions are in place and filled and the concession stand worker operates the concession stand for Little League at the Elementary School on a part time basis under 20 hours a week and licensed by HRS for food handling. Councilman Mitchum questioned where the money goes and Mr. Kelly replied into the general fund. Councilman Mitchum questioned if this is common practice with other cities and Mr. Kelly replied yes, with some having volunteers or civic groups or City employe~s or private vendors. There was discussion about the current employee in that position, and bonding for anyone handling cash. Councilman Rotundo moved they take the recommendation of David Garrett and Mr. Kelly. Councilman Mitchum seconded the motion. Mr. Kelly pointed out the Merit Board should be included. Motion CARRIED 4-0. -3- Council Regular Meeting Minutes June 29, 1988 o o NEW BUSINESS (Continued) Screening Committee's recommendation for negotiator for City for three (3) collective bargaining agreements - Tom Sheridan, Chairman, read the memo of June 29, 1988, recommending Melbourne Wargo as the negotiator. Councilman Prater moved they accept the Committee's selection of Melbourne Wargo for the job. Councilman Mitchum seconded the motion. Mayor Baugh asked how many applied and Mr. Sheridan replied four, with two ineligible due to one living out of the City and the other thought it was a paid position. Motion DID NOT CARRY 2-2. Mayor Baugh and Councilman Rotundo voted NO. Mr. Sheridan spoke on qualifications of the individual versus political and personal considerations. Councilman Mitchum moved to go back to the Screening Committee. Councilman Prater seconded the motion. Mr. Kelly pointed out the time element for the negotiations and that we were properly noticed by the unions. He suggested the Screening Committee readvertise and come up with another recommendation. Mayor Baugh suggested the person not living in the City could have some input. Mr. Sheridan stated they don't need a Screening Committee and have defeated its purpose by going political and personal. There was discussion about how many were turned down in the past. Dominick Fazzone asked if the City Manager could handle this if they don't come up with a qualified person since he knows the budget and can talk with the City Council and City Attorney. Mr. Kelly asked if they want applicants outside the City. Councilman Prater replied no. Motion CARRIED 3-1. Councilman Rotundo voted NO. Requests for three Charter amendment referendum ordinances - Mr. Kelly stated he's requested one amendment regarding terms of office to be changed from two years to four years and to charge the City Attorney with drafting the ordinance and bringing it back to be put on the November ballot. Norman Billups, 1860 Pine Tree, questioned getting a substandard Councilman they would have to put up with for four years. Councilman Mitchum pointed out these three items are not being implemented now but will go on a referendum for the voters to decide whether they're for it or against it. Gigi Bennington, 121 Virginia Street, suggested it could be staggered terms instead of just two or four years, and she volunteered to help with this pro- ject with information she'd accumulated. There was discussion about holding the election every year and possibly having staggered two year terms. Councilman Prater moved they forget the four year terms and go with staggered two year terms. Mr. Kelly pointed out that would be an election again in 1989. There was discussion about putting the choices to the voters. Mel Wargo asked about three year terms and having people vote on their own Councilman and accountable to his zone. Gigi Bennington suggested they have the election at another time than in November at the general election. Councilman Prater's motion DIED for lack of second. Councilman Rotundo moved to TABLE this and have a workshop on it. Councilman Mitchum seconded the motion. City Attorney Alvarez suggested they may want to form a committee to work on this and bring back a recommendation at the next regular meeting. Councilman Mitchum withdrew his second and Councilman Rotundo withdrew his motion. Mayor Baugh asked Gigi Bennington and Norman Billups if they would meet with the City Manager and both agreed. Mayor Baugh requested a motion to TABLE and get the recommendation back from the committee. Councilman Mitchum so moved. Councilman Rotundo seconded the motion. Motion CARRIED 3-1. Councilman Prater voted NO. Tom Sheridan asked City Attorney Alvarez if the vote cast earlier by a Council member who's involved in a disagreement and lawsuit is a conflict of interest. City Attorney Alvarez replied under State Statutes a conflict of interest deals only with personal monetary gain and if that is the case, the person would file a conflict. There was a brief discussion between City Attorney Alvarez and Mr. Sheridan. -4- Council Regular Meeting Minutes June 29, 1988 o o NEW BUSINESS (Continued) Engineer proposals for water and wastewater rate analysis - Mr. Kelly read his June 29, 1988, memo recommending the firm of Russell and Axon at a cost of $2,000. Councilman Prater moved they accept the recommendation of Russell and Axon for $2,000. Councilman Mitchum seconded the motion. Motion CARRIED 4-0. ADJOURN Mayor Baugh requested a motion to adjourn. James Braddock, from the audience, asked if item 9.C.3. (City Manager straw ballot) will be handled by the committee and Mayor Baugh replied yes. Councilman Prater so moved (to adjourn). Councilman Mitchum seconded the motion. Meeting was adjourned at 8:50 P.M. Minutes submitted by: Lura Sue Koser ATTEST: ..cIM~~I&~ ACTING CITY ERK APpr4ed this / J' tia' MAYOR I couu~ COUNCILMAN - ZONE FOUR f/V5 -P r- /Y'~ / day of 198 g- -5- Council Regular Meeting Minutes June 29, 1988