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04-04-1988 - Regular o 0 CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 4, 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 Present Councilman Louis Rotundo Present Councilman Russell Prater Present Councilman Neil Asting Present Councilman David Mitchum Arrived Later 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 Reverend Barry DeMatthews, Assistant Pastor of Christian Life Center, delivered the invocation. There was a salute to the Flag. PROCLAMATION - "BUILDING SAFETY WEEK" Mayor Baugh read the proclamation and presented it to Mr. Dennis Fischer, Building Official/Code Enforcement Officer. APPROVAL OF MINUTES Special Meeting of March 9, 1988 - Councilman Asting moved they adopt the minutes. Councilman Prater seconded the motion. Motion CARRIED 4-0. Regular Meeting of March 21, 1988 - Councilman Prater moved they adopt the minutes of the regular meeting of March 21, 1988. Councilman Rotundo seconded the motion. Motion CARRIED 3-1. Mayor Baugh stated he voted NO due to being absent for most of the meeting. BILLS AND ACCOUNTS Councilman Rotundo moved they pay these bills. Councilman Prater seconded the motion. Motion CARRIED 4-0. MISCELLANEOUS Dominick Fazzone, 302 Paradise Lane, praised the Police Chief and Police Depart- ment for the recent report regarding the crime statistics. He noted the popu- lation has grown tremendously over the last 5 or 6 years and the crime rate went down almost 10%. He said Council should also get credit as they've done their best to see the Police Department gets what's needed. Councilman Mitchum arrived at the meeting during Mr. Fazzone's comments, at 7:10 P.M. Bob Garthwaite, 10 Lee Drive, expressed his concern about the restrictions on the Caldwell property. He pointed out a "for sale" sign is on the property and when he called the realtor, he was advised the 26 acres is up for sale and the restrictions were regarding a buffer and the man didn't think the City would push it. He asked their protection if the property is sold, as he thought with the 200 units they had some protection. He requested Council to contact Mr. Caldwell to see if he's going to honor the prior request, and to put it in writing. City Attorney Alvarez pointed out they previously dealt with his attorney and the conditions were set forth. He added that if he's not in agreement, even though his attorney was here when he agreed, then there's no change in the zoning and it remains R-l. Mr. Garthwaite asked what would happen to the property if it's sold and City Attorney Alvarez replied the property is R-l. There was a discussion between City Attorney Alvarez and Mr. Garthwaite regarding the zoning. City Attorney Alvarez stated the property is zoned R-l and there was a summary judgement and they agreed to certain conditions at an open meeting and that's where the situation remains. Mayor Baugh asked if they want the City Attorney or City Manager to contact Caldwell to find out where they stand and if they'll honor the agreement. Councilman Rotundo so moved to allow the City Attorney to contact them. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. o o MISCELLANEOUS (Continued) Bill Klein stated Council has been concerned many times about getting bids for different things to save money for the City and last Wednesday night they had a Special Meeting and the notice stated it was for the presentation of the fiscal year 1987 audit by Brent Millikan & Co. He stated there was a motion passed to employ Brent Millikan for the upcoming year. He read Section 2-22 of the Code regarding calling Special Meetings, and that no business shall be transacted there except as stated in the notice. He stated they violated the Edgewater Code of Ordinances and violated the Sunshine Law when this wasn't part of the business and they appointed Brent Millikan as auditors. He said they should go out for bids and ask other people to save money for the people of Edgewater. Mayor Baugh asked for the City Attorney's input. City Attorney Alvarez stated it was a Special Meeting and provisions of the Code are very specific and the agenda doesn't deal with any appointments, so perhaps Council would want to look at the issue again. He suggested the City Manager may have some input. Mr. Kelly stated that he doesn't have the minutes with him and he wasn't present at that meeting and he understood Council instructed staff to develop a resolution appointing Brent Millikan & Co. as auditors and that the resolution will come up at the April 18th meeting. Councilman Asting stated that in the past-they have always_appointed at the conclusion of the audit presentation. Mr. Kelly pointed out that if the City appointed Brent Millikan on Wednesday night, based on 2-22 and the agenda notice, it could have been an inappropriate action of the City Council and in effect has no teeth pending a public notice. He added the notice was for presentation of the audit and that was all and there was no notice indicating reappointment of the auditing firm and nothing calling for a resolution. He suggested it might be an appropriate action, in his opinion, based on 2-22, to reconsider that action at their April 18th meeting. Mayor Baugh said he has no problem with that, and if it wasn't done properly, he wants it done properly. Councilman Mitchum questioned if they should solicit proposals from other auditing firms. Mayor Baugh replied that's up to Council. Councilman Mitchum asked how long they've been the City's auditors and Acting City Clerk Wadsworth replied 3 or 4 years. Mr. Kelly suggested that this was not on the agenda, if they're going into the same situation as Wednesday night. He added that he can develop a report if it's Council's desire to see how long they've been with the City and give them opinions, based on State Statutes. Councilman Mitchum moved that the City Manager look into that and get all the data and have it ready for the April 18 meeting. Councilman Prater seconded the motion. Frank Roe called a point of order from the audience. He asked if they have to rescind the first motion. Mr. Kelly replied that could be done on the 18th. Phyllis Woodard, from the audience, stated that three former Councilmen are present and prior Councils didn't go out for bids. Mayor Baugh replied it will come up on the 18th and will be on that agenda and will be discussed with a report back from the staff. Motion CARRIED 5-0. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports -. Councilman Asting asked for a detailed explanation of the billing of March 17, 1988, from City Attorney Alvarez regarding discussing the dismissal of the Police Chief with the Mayor. City Attorney Alvarez replied that discussions between Council members and the City Attorney are privileged communications. Councilman Asting stated that it deals with dismissal of a Department Head and he'd like an explanation. He asked if the City Attorney is getting that far into administration that he proposed the dismissal of the Chief of Police. City Attorney Alvarez said he cannot comment. Mayor Baugh replied that it's privileged information according to the City Attorney. Councilman Asting said he thinks it concerns the functions of the City and the City Attorney is Attorney for the entire Council and any discussions between members of the Council should be made available to all members and to the public. City Attorney Alvarez referred to his communications with Councilman Asting over the last 6 years. -2- Council Regular Meeting Minutes April 4, 1988 . . o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Council Reports (Continued)- Councilman Asting then questioned telephone bills with telephone calls made to certain investment bankers and certain Councilmen and to Orange City and charged to Edgewater. City Attorney Alvarez stated he hadn't seen the bills and the dates or times. Councilman Asting reviewed the bills in question with calls to Orange City and charged to Edgewater. City Attorney Alvarez pointed out that Orange City is 7 miles away from his office and he uses the regular line to call. After brief discussion, City Attorney Alvarez asked if there were other calls such as those in the last 4 years and Councilman Asting replied he doesn't know. City Attorney Alvarez suggested it might have been a new receptionist while his secretary was ill and she auto- matically punched the Edgewater button. Mayor Baugh suggested they should look into it and if there are charges to the City, they should be reimbursed, whether accidental or whatever, and it should be straightened out. Councilman Asting then questioned the bill from the City Attorney for 9 hours for proof reading the insurance manual. City Attorney Alvarez explained that was the first draft of the insurance manual which was prepared some time ago and that draft is in his office and it's the job of the insurance agent to put it together, and he only put together the initial draft. Councilman Asting stated they still don't have the insurance manual and they paid him to produce one. City Attorney Alvarez replied that it was not his responsibility to prepare it and he prepared the initial draft as it pertains to the elements of reporting of accidents, etc., and the entire manual was about 90 pages and the final product will be prepared by the insurance agent. Councilman Asting stated the City was billed July 10, 1987, and the bill reads it was for corrections, proof- reading and printout of the self-insurance manual. City Attorney Alvarez agreed that was correct, but it has to be prepared by the insurance agent and reviewed by the self-insurance committee. There was further discussion about the print out. Councilman Asting then asked about the 29 items that go back as far as 1984 and are projects assigned to the City Attorney by Council and haven't been completed. Mayor Baugh pointed out that Council received a notice of a Workshop on this for Wednesday, April 6, 1988, at 7:00 P.M., and he can get the answers then. Councilman Asting agreed he'd hold it until the Wednesday meeting. Mayor Baugh stated that he's been raked through the coals in the newspapers and his recollections of the topics they discussed he won't divulge, but they did not concern the Police Chief. City Attorney Reports - City Attorney Alvarez stated he doesn't want to engage in a debate regarding the topic. Mayor Baugh agreed and said he just wanted to clarify it. City Attorney Alvarez stated that for the record he has to disagree with him. Interim City Manager Reports - Mr. Kelly read his April 4, 1988, memo regarding the self-insurance committee, which requested Council designate an insurance agent of record or charge the Interim City Manager the responsibility of soliciting statements of interest from various insurance firms for Council's consideration. Mayor Baugh requested they allow Mr. Kelly to solicit for different firms for the appointment. Councilman Asting so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Mr. Kelly then read his April 4, 1988, memo regarding the Radnor performance bond which requested Council approval. Councilman Mitchum moved they grant the request. Councilman Prater seconded the motion. Motion CARRIED 5-0. Volunteer Fire Department's recommendation on bids for pagers - Acting City Clerk Wadsworth read the March 28, 1988, memo from Assistant Fire Chief Tracey Barlow which recommended the bid be awarded to the low bidder, Florida Electronics, Inc., in the amount of $4,667.28. Councilman Mitchum moved they grant the request. Councilman Asting seconded the motion. Motion CARRIED 5-0. COMMUNICATIONS There were no Communications received for this meeting. -3- Council Regular Meeting Minutes April 4, 1988 Q <) ORDINANCES AND RESOLUTIONS Ord. 88-0-11 Emergency ordinance establishing Council-Manager form of government - City Attorney Alvarez read this Ordinance. ORD. 88-0-11 - AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING "CHAPTER 2, ADMINISTRATION" OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, BY ESTABLISHING A "COUNCIL-MANAGER" FORM OF GOVERNMENT; BY PRO- VIDING THE CITY MANAGER'S APPOINTMENT, REMOVAL, POWERS, DUTIES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT; THIS ORDINANCE TO BE AN EMERGENCY ORDINANCE FOR THE PURPOSE OF FLA. STATUTES, SECTION 166.041 (3)(b), DISPENSING WITH THE REQUIREMENTS OF TWO SEPARATE READINGS BY AT LEAST A TWO-THIRDS VOTE OF THE CITY COUNCIL; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Acting City Clerk Wadsworth read the April 4, 1988, memo from Mr. Kelly which listed changes recommended by Councilman Prater. Councilman Mitchum moved they adopt Ordinance 88-0-11. Councilman Rotundo seconded the motion. Mr. Kelly stated that Councilman Prater had talked with him about his concerns with the ordinance and he went through them in detail and he has no problems with them in principle and they are clean up items to help the understanding of the ordinance. He asked that the City Attorney make any corrections, if Council desires. He read the items in his memo. Mayor Baugh requested that Section 5, M. add City Clerk or Acting City Clerk, in case there's an absence of the City Manager. After brief discussion, Mr. Kelly recommended at the beginning of the sentence, M., wording to be, "The City Manager, or in his absence, the Clerk or Acting Clerk, shall.." Mayor Baugh stated he has no problem with that. Mr. Kelly pointed out that if they want to include that, they need a motion to amend up to and including the change in paragraph M. Mayor Baugh requested a motion to make the changes just discussed. Councilman Mitchum so moved. Councilman Prater seconded the motion. Motion on the changes CARRIED 5-0. Motion on Ordinance 88-0-11 as amended CARRIED 5-0. Second roll call on amendment and Ordinance 88-0-11 CARRIED 5-0. Ord. 88-0-12 Creating reserve area for water and wastewater service, per Fla. Statutes 180.02, as requested and recommended by Local Planning Agency - City Attorney Alvarez read this Ordinance. ORD. 88-0-12 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PURSUANT TO CHAPTER 180, FLORIDA STATUTES, CREATING A RESERVE AREA FOR THE PROVISIONS OF WATER AND WASTEWATER SERVICE FOR THE CITY OF EDGEWATER TO BE KNOWN AS THE GREATER EDGEWATER WATER AND WASTEWATER SERVICE AREA; PROVIDING A LEGAL DESCRIPTION FOR SAID AREA; PRO- VIDING THAT SAID SERVICE AREA SHALL NOT EXTEND MORE THAN FIVE (5) MILES FROM THE CORPORATE LIMITS FROM THE CITY OF EDGEWATER; PROVIDING FOR WATER AND SEWER AVAILABILITY AND CONNECTIONS AND AVAILABILITY CHARGES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Prater moved they adopt Ordinance 88-0-12. Councilman Rotundo seconded the motion. Frank Roe asked if they'll provide water and sewer five miles beyond the City limits. City Attorney Alvarez explained it's to preserve or lay claim to a certain area, the maximum allowed by State Statutes of five miles from the City limits. There was a lengthy discussion between City Attorney Alvarez and Mr. Roe about annexation and these services. Mr. Kelly explained how New Smyrna Beach or Volusia County could move into that service area. Motion on first reading of Ordinance 88-0-12 CARRIED 5-0. UNFINISHED BUSINESS There was no Unfinished Business brought up at this meeting. NEW BUSINESS Councilman Mitchum asked if a letter had been received by the City from the County regarding the contract for fire services not being renewed. Mr. Kelly replied that he'd received the letter and he has a memo going out on it. -4- Council Regular Meeting Minutes April 4, 1988 . . o u NEW BUSINESS (Continued) Colleen Siegel, News & Observer, questioned the wording on 88-0-11, Section 3, as it refers to the manager being elected. Mayor Baugh explained it could be elected by Council members. Jake Lodico asked if the ordinance for a City Manager had been passed and Mayor Baugh replied yes. ADJOURN Mayor Baugh requested a motion to adjourn. Councilman Prater so moved. Councilman Mitchum seconded the motion. Meeting was adjourned at 8:06 P.M. Minutes submitted by: Lura Sue Koser ATTEST: k~t~ COU~ RE COONCILMAN - ZONE FOUR ~ p ~ ~ ftJ ~1~~ ACTING CIT~LERK Approved this~day of ~ ,198~. MAyJ;--o> (?~ -5- Council Regular Meeting Minutes April 4, 1988