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04-18-1988 - Regular (.) u ~I CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 18, 1988 MINUTES CALL TO ORDER Mayor Earl 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 Present Present City Attorney Jose' Alvarez Interim City Manager Dennis Kelly Acting City Clerk Susan Wadsworth Chief Lawrence Schumaker Present Present Present Present INVOCATION, SALUTE TO THE FLAG There was a silent invocation and then the salute to the Flag. APPROVAL OF MINUTES Special Meeting of March 30, 1988 - Councilman Asting moved they adopt the minutes. Councilman Prater seconded the motion. Motion CARRIED 4-1. Councilman Mitchum voted NO due to absence from the meeting. Regular Meeting of April 4, 1988 - Councilman Prater moved they approve the minutes of April 4, 1988. Councilman Rotundo 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. MISCELLANEOUS Bob Garthwaite, 10 Lee Drive, asked if they'd heard back from Caldwell and City Attorney Alvarez replied no. Mr. Garthwaite referred to the April 10th News & Observer that listed 26 acres on the market approved for 200 units. Mr. Garthwaite expressed concern for their protection since nothing has been agreed to in writing. City Attorney Alvarez pointed out that the number of units was a concept approved pending a site plan but there were 6 other commitments made as to location of the units, multi-family versus single family, street access, and buffer, and others, and they'd have to be spelled out on the site plan and then approved by Council. There was discussion about how it was left at the public hearing. Freeman Newell, 2350 S. Ridgewood Avenue, spoke at length regarding the road across the ballfield at the Elementary School. Mayor Baugh reviewed the meetings that he'd attended and one set up for May 9th which was cancelled. He added that he was advised a letter was coming from Dr. Smith with the School Board's opinion but it hasn't been received yet. Mr. Newell asked who is supposed to be handling this matter, the City Manager, the Mayor, or Council. Mayor Baugh asked for Council opinions. Councilman Mitchum said they have the situation with the road across the field and it's not a case if they want to move the road or not, or take the responsibility as they will all take the responsibility, but it has to go on the School Board property and the City can't put it on their property but must get their permission. He added that he agrees it's taken too long but things don't happen overnight. He asked Mr. Kelly where they stand on it. Mr. Kelly stated he met with Dr. Surratt on April 6th to discuss it and they agreed to give the City permission to move the road around the ballfield provided the City pays for it and for a trade off, they'd like to negotiate the lease agreement for the entire recreation complex. He added that Dr. Smith called him and they have a meeting set for 8:30 AM on April 22nd to go over details of the land agreement and for the hold harmless clause and he'll have a detailed report on this for May 2nd. Mr. Newell referred to a map that wasn't mentioned before and said the road isn't where the map indicates it should be. He asked to reserve the right to speak under item 5.E. on the agenda (Re: Parks and Recreation Board's request) and Mayor Baugh agreed. o o MISCELLANEOUS (Continued) Jim Inman, Florida Shores, asked about the statements referred to at the April 6th workshop by the City Attorney as made by him. City Attorney Alvarez replied that he doesn't recall saying anything. Mr. Inman stated he put in a request a week ago and was told they weren't typed up but he's authorized to have the minutes if he requests them. He said he heard it was about the evaluation done in 1984. City Attorney Alvarez said he'd read from the minutes. Mr. Inman read from an excerpt of the minutes regarding comments he'd made regarding expenditures and fees. He said he wanted to make an additional statement that he was on Council for one month at that time and he feels it was not fair for him to pass judgement on the City Attorney and he thinks the fees are too high. He said the City paid $63,395.23 for his services from October, 1986, to September, 1987 and the total budget was $46,150, or $17,245.23 over budget. He added that from October, 1987 to January 31, 1988 the budget shows payments of $24,343.08 of the $46,000 budget, and he only has $21,656.92 left for 8 months. He further reviewed current figures broken down by month, and what the estimated total could be in 1998. He asked to address this to Bill Klein and Tom Sheridan and asked Council to stop trying to help the City because they're costing him and other taxpayers money as follows: Connie Martinez terminated from her job and paid 2 months salary while under suspension and not working and the City paid $17,000 for sick leave, vacation pay, 6% she was refused, with an agreement that she wouldn't sue the City or any individuals. He said the special election to have a City Manager cost over $2.00 per vote or over $4,000, instead of waiting for Super Tuesday which would have been about $2,000. He said the Interim City Manager was appointed at a salary of $35,000 per year, and Connie Martinez made $28,000. Mayor Baugh clarified it was $30,000. Mr. Inman stated it was $28,000 plus $2,000 for the insurance board. Mr. Inman said that Susan Wadsworth was promoted to Acting City Clerk with the same salary as Connie Martinez per year which is in accordance with the union contract plus she also collects l~ pay for overtime. He urged everyone to attend the meetings when it comes time for budgets so they know where the money goes. City Attorney Alvarez asked Mr. Inman to come forward again so that he might address the comments. He asked if they had any difficulties, animosities, or problems when he was on Council for 2 years and Mr. Inman replied no. City Attorney Alvarez stated they had a lot of personal conversations and got to know each other personally pretty well and Mr. Inman agreed. City Attorney Alvarez pointed out that after he left Council, he had enough confidence to come to him for some legal matter and Mr. Inman agreed. City Attorney Alvarez stated that he appreciates his comments but doesn't appreciate that he doesn't give him the courtesy to know about it before he makes the comments so he's able to clarify some of the facts. There was discussion between Mr. Inman and City Attorney Alvarez regarding the hourly rate paid and what expenses are covered in that amount with litigation, court reporters, etc. Mr. Inman said he had no idea what's covered in that amount but Council should know because they get a statement. City Attorney Alvarez stated that Council is not putting him on trial without notice, but he is. Mr. Inman replied that he's not putting him on trial. City Attorney Alvarez stated that the facts he's stating are very misleading and not accurate. Mr. Inman said he got the information from his budget. City Attorney Alvarez stated that a public meeting is not a hanging, and he's making statements that are very misleading and his budget has declined from when he first became City Attorney and if he wants to compare legal expenses of the City, he must compare what the City gained and derived in benefits from the savings in litigation. He pointed out he doesn't get involved and get sued but he defends the City officials who get sued. He said he handled 27 cases and has been to Federal District Court 4 times and that doesn't count cases in Circuit Court. He thanked Mr. Inman for giving him the opportunity to tell him about it. Mr. Inman asked if he's saying he'll sue him. City Attorney Alvarez explained that anyone can sue anyone and that's what increases the cost of liti- gation and he shouldn't blame it on the attorney who's defending the City but find out what the reasons are. Mr. Inman asked the amount of his retainer and City Attorney Alvarez replied $2,000 a month. Mr. Inman said the private line is paid by the City and City Attorney Alvarez agreed. -2- Council Regular Meeting Minutes April 18, 1988 Q o MISCELLANEOUS (Continued) - Mel Wargo, 2 Pines Edge Court, said in 1985 when he was replaced in office he was negotiating the contract with City employees and Police Department employees and there were no provisions in the budget for it but it was quite a nice settlement for both sets of employees. He said he read something from the Finance Director that they paid $100,000 so far this year for a raise in the Public Works Department that was not part of the budget. He asked who negotiated those contracts. Frank Opal, Florida Shores, asked who gave authority to the City Inspector to issue permits for the airplane hangers. Mayor Baugh replied he didn't. Mr. Opal then spoke on the fire with a brand new home with $25,000 damage when he used his fireplace for the first time. He asked how many contractors have warranty insurance for homeowners. He asked that Council inquire from the Building Official how many contractors have HOW insurance with the State. Mr. Opal then asked the status of Pelican Cove West. He referred to when Mayor McKillop went to Briley, Wild about it. He said he'd read about water problems there. He said he thought there would be a hearing with the ex-planning department employee about the way she was evaluated. He said the Building Official is evaluating people and he asked who evaluates him. Mayor Baugh replied it's the Mayor and Council. Bob Garthwaite, 10 Lee Drive, asked the residents' protection with the Caldwell property if it's subdivided into small parcels. City Attorney Alvarez replied it's now R-l so any type of development plan that comes before the Agency will have to be on the basis of current zoning. He added the only way it can be changed is as a result of the discussions they had and the site plan that was supposed to be put together and brought back to Council for approval and that didn't happen. Mr. Garthwaite pointed out it's obvious they're not corning back with a site plan since he has it up for sale. Mr. Kelly stated that zoning goes with the property and not the owner and if it changes hands, the zoning still applies. Mr. Garthwaite said they were hoping for something in writing. John Siburn, Connecticut Avenue, referred to a newspaper article about contractors from Port Orange and Daytona Beach and other cities corning to Edgewater. He asked if they've been investigated by the Building Department before they build. Dennis Fischer, Building Official/Code Enforcement Officer, said they have to be currently State licensed and if they hold the license, they must be recognized. Mr. Siburn said they're corning here because the lots are cheaper. Mr. Billups, 1860 Pine Tree, asked if there's a certificate of occupancy issued for any new home and Mayor Baugh replied yes. Mr. Billups asked who issues those and Mayor Baugh replied he thinks it's the Building Official. Mr. Billups questioned if the home with the fire had been inspected. Frank Opal asked Dennis Fischer if anyone has HOW insurance. Mr. Fischer replied that the insurance was obtained through Homebuilders of Volusia County and anyone belonging to it can buy the insurance on the house. He pointed out that the house with the fire was built in 1982. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Asting asked the status of the self-insurance program. Mr. Kelly replied that letters had gone out to various insurance agents in the area requesting statements of interest and when they're received by this Friday, they'll send out RFP's with criteria and when received they'll be compiled and corne back to Council prioritized with a minimum of the top 3 for interview, possibly on May 2nd. Councilman Asting asked if the extent of the liability on the insurance will be defined and Mr. Kelly replied they're working on that. Councilman Asting asked if those not covered will be sent out for proposals and Mr. Kelly replied he hopes the agent of record would provide it. -3- Council Regular Meeting Minutes April 18, 1988 '-> o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - City Attorney Reports - City Attorney Alvarez had no report at this meeting. Interim City Manager Reports - Lynne Plaskett Grievance - Mr. Kelly stated that Council had received his report regarding Lynne Plaskett's termination and rehiring. He pointed out that alternative 3 recommended Mrs. Plaskett be reinstated with the provision of a 3-month special probation but with dis- cussions with her counsel, he agreed verbally that the provision would be dropped in exchange for the promise that the City wouldn't be sued by him for costs and expenses incurred over the past 6 months. He added that he felt that would be of benefit to the City, and she would not go through a 3-month pro- bationary period but would continue to be evaluated on a monthly basis for the next 3 months. He asked that Council hear from Attorney Tindell to acknowledge or deny his assessment regarding their conversation. Attorney Tindell agreed the statement was correct and they do agree on the proposal and it's their concern to get Mrs. Plaskett back to the job as soon as possible and PEA will waive their rights against the City for costs and expenses. Councilman Asting read from Ordinance 88-0-11, section 6, and stated that he thinks the decision to rehire Mrs. Plaskett lies with the City Manager and not with the Council. Councilman Mitchum requested Mr. Kelly's comments. Mr. Kelly replied that he discussed this provision of the ordinance with Councilman Asting and this is one of the transitional issues that he'd indicated they'd encounter going from Council to Council-Manager form, but he didn't create the Lynne Plaskett termination and inherited the problem and is attempting to come forward with a solution. He added that he thinks it's important the Council share that decision or acknowledge the City Manager is attempting to resolve the matter as amicably as possible. He said it can be no less than endorsing the City Manager's recommendations in the memo and report and they wouldn't be rehiring, just endorsing his recommendation and he'll do the rehiring. There was further discussion regarding Ordinance 88-0-11 and its restrictions. Councilman Prater requested the City Attorney's comments. City Attorney Alvarez stated they shouldn't forget that Mrs. Plaskett is in front of this Council on a pending public hearing that Council must resolve. Mayor Baugh asked if the public hearing pending action on Council would be off or on and Attorney Tindell agreed. Councilman Rotundo stated he agrees and he moved that they instruct the City Manager to reinstate Mrs. Plaskett. Councilman Prater seconded the motion. Mr. Kelly asked if it's based on the conditions they discussed and outlined this evening and Councilman Rotundo replied yes. There was discussion about just what the motion entailed and Councilman Mitchum asked the City Manager to restate his recommendation to be sure that was the intent of the motion. Mr. Kelly said his recommendation starts on page 7, alternative 3 approval, with A, B, and C with 3-months being scratched but to be evaluated by the City Manager every month for 3 months, etc. Councilman Rotundo agreed that was his intent. Councilman Mitchum called for the question. Mayor Baugh stated that based on that recommen- dation, he doesn't agree with the retroactive pay back to September 18th. Motion CARRIED 3-2. Councilman Asting and Mayor Baugh voted No. Councilman Asting stated he voted no because he believes the hiring or rehiring of Mrs. Plaskett is the duty of the City Manager. Report on accounting services - Mayor Baugh stated they received a memo from Mr. Kelly regarding this. Councilman Asting stated that the action taken at the audit presentation stands and they should honor the agreement they entered into and which the Mayor signed with the Brent Millikan firm. He suggested the next Council go out for proposals for auditing firms if they so desire, and his motion is to honor the agreement they entered. Councilman Rotundo seconded the motion. Councilman Mitchum asked the City Attorney for comments regarding the agenda for that night. Councilman Asting stated that it was related to that item. Mayor Baugh explained they were correcting that item that wasn't on the agenda and bringing it up again for Council's approval or denial of Brent Millikan as the CPA. Councilman Mitchum pointed out that Councilman Asting wanted multiple bids for bond financing. He suggested that if they're going to go out in that aspect, they should do it for everybody and not just for some. He added that he disagreed with what happened the other night and they've had this same accounting firm for 5 years and the City Manager's recommendation is clear that they could get stagnant in a relationship. He stated that they've done a good job. There was dis- cussion about prior votes on the bond financing. Motion CARRIED 3-2. Councilman Prater and Councilman Mitchum voted NO. -4- Council Regular Meeting Minutes April 18, 1988 ". ~ o . COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Interim City Manager Reports - Volusia County's request for representative to Technical Committee re: Class II overlay zone and stormwater management standards- Mr. Kelly stated this is a technical committee and he's recommending the consulting engineer Gerry Ferrara be appointed as the representative for the City of Edgewater. Councilman Prater moved they approve his recommendation. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Acting City Clerk Reports - Acting City Clerk Wadsworth stated this is change order no. 2 for the Library contract and Loretta Flowers, Federal Programs Coordinator, had two recommendations that were taken care of previously and this is the last one for $450 and it needs Council approval. Mayor Baugh requested a motion to approve this. Councilman Prater so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Parks and Recreation Board's request to divide Parks and Recreation from Buildings and Maintenance - Acting City Clerk Wadsworth read the April 12, 1988, memo from Chairman Harry Montgomery. Councilman Asting moved they accept the recommendation. Motion DIED for lack of second. Councilman Mitchum suggested it go to the City Manager for recommendation. Mayor Baugh noted that was their request. Freeman Newell asked if it will stay the way it is and Mayor Baugh explained what the memo requested. Mr. Newell stated that with the way Edgewater is growing, the parks and maintenance and grounds need to be split up and he doesn't feel they'd have had that problem they had over the last 8 months/ Mayor Baugh suggested Councilman Asting restate his motion. Councilman Asting moved to refer this to the City Manager for the feasibility of splitting the Parks and Recreation Depart- ment and getting back to the Council because the recreation program has grown to the point it is quite large and diversified and it probably should be a split department. Mayor Baugh asked if his motion is to accept the recommendation of the Parks and Recreation Board and Councilman Asting agreed. Councilman Mitchum seconded the motion. Councilman Rotundo questioned if it's premature to budget this as it would create another Department Head. Mayor Baugh explained the City Manager is to look at the feasibility of splitting them and come back to Council. Motion CARRIED 5-0. COMMUNICATIONS John Dewar, President, The Master's Prison Ministry, Inc. re: "Alternative Sentencing" - Mr. Dewar explained the problem in the County and throughout the State with rehabilitation of prisoners. He noted that 85% return to prison and a program is needed. He stated that it costs $27 a day for prisoners in Volusia County and they have over 1,000 prisoners in the two jails. He said the prisoners are released from the County jail with a bus ticket to Daytona Beach and the State releases them with $100 and they can't get a room and feed themselves a week for $100. He said they feel the Daytona Beach area needs a program for rehabilitation for first offenders rather than incarcerating them in jail. He added the prisoners will pay their own way once the program gets started and they'll try to obtain jobs for them. He said paychecks will come to them and the prisoners will be charged for room and board andthejllbe given money for sundries and the rest will be banked and given to them when they leave the program. Mr. Kelly asked the amount of financial support they had in mind and Mr. Dewar said he'd leave that up to Council and they're a new organization that's incorporated as non-profit. Mr. Dewar suggested they could pass a resolution endorsing or encouraging the ,County Council to move forward on this. He referred to a communication with Judge Saunders and discussions with other judges. Councilman Asting suggested they may want to authorize donations be approved by the City Manager without coming to the Council as they did with the City Clerk/Administrator if it's donations of $200. Mayor Baugh asked if Council had any objections. Councilman Mitchum suggested they up the ante that it be standard if the City Manager so desires. He moved to send a letter to the County Council saying we back this and prisons are overcrowded and the situation is getting worse. He applauded the gentlemen for making a stand and being willing to spend their money and time and added that they give them $500. Councilman Asting seconded the motion. Motion CARRIED 5-0. -5- Council Regular Meeting Minutes April 18, 1988 ~ o o ORDINANCES AND RESOLUTIONS Ord. 88-0-9 Amending Sect. 606.01(d) B-2 neighborhood business district, to allow unmanned car washes as special exceptions (Tabled March 7, 1988) - Councilman Prater moved to remove the tabled Unmanned Car Washes from the table to go to the Land Development and Regulatory Agency for further study and report back to Council with their recommendations. 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 Prater so moved. Councilman Mitchum seconded the motion. Meeting was adjourned at 8:25 P.M. Minutes submitted by: Lura Sue Koser 71~tJ~ COU~T~;#- COUNCILMAN - ZONE FOUR ~~ r;: ~ ~~~ Approved this f day of ~r- , 198ff. ~~Q~ ~L- MAYOR ( -6- Council Regular Meeting Minutes April 18, 1988