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03-21-1988 - Regular .-' o o CITY COUNCIL OF EDGEWATER REGULAR MEETING MARCH 21, 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 Reverend Tom Bennett, Florida Shores Baptist Church, delivered the invocation. There was a salute to the Flag. Mayor Baugh requested a motion to go from the regular Council meeting to the Public Hearing. Councilman Prater so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. PUBLIC HEARINGS - SECOND & FINAL READINGS & ACTION: Ord. 88-0-2 Annexing Lot 7, and land adjacent to and east of Lot 7, Edgewater Country Estates (J.C. and Rosemary Carder) - City Attorney Alvarez read this Ordinance. ORD. 88-0-2 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF EDGEWATER, FLORIDA, LOCATED AT SECTION 11 TOWNSHIP 18 SOUTH, RANGE 34 EAST, PURSUANT TO FLORIDA STATUTES, SEC. 171.044; REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER, FLORIDA; BY AMENDING THE APPROPRIATE SECTIONS OF THE CODE OF ORDINANCES; PROVIDING THAT UPON ADOPTION CERTIFIED COPIES BE FILED WITH THE CLERK OF THE COURT IN VOLUSIA COUNTY, THE DEPARTMENT OF STATE AND THE CHARTER REVIEW DEPARTMENT; CONTAINING A REPEALER PRO- VISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for input from the audience or Council and there were no comments. Ord. 88-0-3 Annexing north 50 ft of East 380 ft. of Lot 2, Edgewater Country Estates, and land east of same to highway (Lynne Bianca Storch) - City Attorney Alvarez read this Ordinance. ORD. 88-0-3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF EDGEWATER, FLORIDA, LOCATED AT SECTION 11 TOWNSHIP 18 SOUTH, RANGE 34 EAST, PURSUANT TO FLORIDA STATUTES, SEC. 171,044; REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER, FLORIDA; BY AMENDING THE APPROPRIATE SECTIONS OF THE CODE OF ORDINANCES; PROVIDING THAT UPON ADOPTION CERTIFIED COPIES BE FILED WITH THE CLERK OF THE COURT IN VOLUSIA COUNTY, THE DEPARTMENT OF STATE AND THE CHARTER REVIEW DEPARTMENT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for input from the audience. Michael Brewer, Attorney, Canal Street, New Smyrna Beach, stated all annexations could be addressed at once. He said he represents Seymour and Harold Smith who own property immediately north and they want to be annexed because it creates an enclave of County property within the territorial limits of the City. Frank Roe, 2732 Juniper Drive, asked Council to consider not voting on this annex- ation and let the City Manager in on it. He said Council has been annexing a lot of property that's costing the City a lot of money, and people in Florida Shores don't have sewers. He said the City Manager should submit his input. Frank Opal, Florida Shores, asked who wants this property annexed into the City and why. He said he heard the reason about two years ago, and now there's an Interim City Manager and it should be his duty to check into things to make sure they're up to snuff. r. I I o o PUBLIC HEARINGS - SECOND & FINAL READINGS & ACTION: (Continued) _ Ord. 88-0-4 Annexing Lots 3,4,5, and 6, and west 75 ft. of 125 ft. wide easement east of Lots 3,4,5, and 6, Edgewater Country Estates (Merl S. Harris, Barbara J. Constable, and Rosi Fortna) - City Attorney Alvarez read this Ordinance. ORD. 88-0-4 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGE- WATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF EDGEWATER, FLORIDA, LOCATED AT SECTION 11 TOWNSHIP 18 SOUTH, RANGE 34 EAST, PURSUANT TO FLORIDA STATUTES, SEC. 171,044; REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER, FLORIDA; BY AMENDING THE APPROPRIATE SECTIONS OF THE CODE OF ORDINANCES; PRO- VIDING THAT UPON ADOPTION CERTIFIED COPIES BE FILED WITH THE CLERK OF THE COURT IN VOLUSIA COUNTY, THE DEPARTMENT OF STATE AND THE CHARTER REVIEW DEPARTMENT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for input from the audience. Frank Opal, from the audience, stated he wants to apply the same reasoning as the other one. Ord. 88-0-5 Annexing Lots 1 and 2, except westerly 17 ft. and frontage along U.S.l taken for widening, Bella Vista Subdivision (George & Emmaline Vargish) _ City Attorney Alvarez read this Ordinance. ORD. 88-0-5 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF EDGEWATER, FLORIDA, LOCATED AT SECTION 12 TOWNSHIP 18 SOUTH, RANGE 34 EAST, PURSUANT TO FLORIDA STATUTES, SEC. 171,044; REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER, FLORIDA; BY AMENDING THE APPROPRIATE SECTIONS OF THE CODE OF ORDINANCES; PROVIDING THAT UPON ADOPTION CERTIFIED COPIES BE FILED WITH THE CLERK OF THE COURT IN VOLUSIA COUNTY, THE DEPARTMENT OF STATE AND THE CHARTER REVIEW DEPARTMENT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for input from the audience. Frank Roe, 2732 Juniper Drive, again stated they should postpone this as everyone is trying to get annexed to the City of Edgewater. He said a year ago Council told someone they didn't have to supply them with water and sewer and then later they supplied it. He stated the Meadow Lakes development on Roberts Road is getting sewer and water and Florida Shores doesn't have it, and all the roads running in and out are cracked and must be substandard. He noted that Shangri-La roads are in perfect condition. He stated they have enough troubles to take care of in Edgewater without expanding. Ord. 88-0-6 Annexing north 200 ft. east of U.S. 1, of Lot 6, Hewitts Square top- ville (American Pioneer Savings Bank) - City Attorney Alvarez read this Ordinance. ORD. 88-0-6-AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF EDGEWATER, FLORIDA, LOCATED AT SECTION 12 TOWNSHIP 18 SOUTH, RANGE 34 EAST, PURSUANT TO FLORIDA STATUTES, SEC. 171,044; REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER, FLORIDA; BY AMENDING THE APPROPRIATE SECTIONS OF THE CODE OF ORDINANCES; PROVIDING THAT UPON ADOPTION CERTIFIED COPIES BE FILED WITH THE CLERK OF THE COURT IN VOLUSIA COUNTY, THE DEPARTMENT OF STATE AND THE CHARTER REVIEW DEPARTMENT; CONTAINING A REPEALER PRO- VISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for input from the audience. Attorney Michael Brewer stated he makes the same objection as to Ordinance 88-0-2 or 88-0-3 in that it makes an enclave. Frank Opal, from the audience, stated he opposes all annexations. Ord. 88-0-7 Annexing Lot 4, except south 200 ft. and Lots 5 and 6, except north 200 ft., Squaretopville Subdivision (Crimson T. Corporation) - City Attorney Alvarez read this Ordinance. ORD. 88-0-7 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ANNEXING CERTAIN REAL PROPERTY TO THE CITY OF EDGE- WATER, FLORIDA, LOCATED AT SECTION 13 TOWNSHIP 18 SOUTH, RANGE 34 EAST, PURSUANT TO FLORIDA STATUTES, SEC. 171,044; REDEFINING THE BOUNDARIES OF THE CITY OF EDGEWATER, FLORIDA; BY AMENDING THE APPROPRIATE SECTIONS OF THE CODE OF ORDINANCES; PROVIDING THAT UPON ADOPTION CERTIFIED COPIES BE FILED WITH THE CLERK OF THE COURT IN VOLUSIA COUNTY, THE DEPARTMENT OF STATE AND THE CHARTER REVIEW DEPARTMENT; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Baugh asked for audience input. -2- Council Regular Meeting Minutes March 21, 1988 ~ J I ~ o ~ \ PUBLIC HEARINGS - SECOND & FINAL READINGS & ACTION: (Continued) _ Ord. 88-0-7 (Continued) - Frank Opal, from the audience, applied the same comments as for the other ordinances. James Hatfield, 236 Old County Road, stated they have six properties proposed for annexation and not long ago they annexed 40 acres and 400 or more manu- factured homes and they all need sewer. He referred to the article that only 60% of the capacity of the sewer is being used and he's driven through Florida Shores and it doesn't have sewers. He asked where Florida Shores will get their sewer if the manufactured :homes will get the excess amount. Mayor. Baugh replied that the sewer plant is being expanded under the CIP. Mr. Hatfield questioned if the CIP has been approved yet as they gave the engineers a contract and gave the financial proposal to an investment concern. He said he heard a figure of 21 million and the people and taxpayers have to pay the bill and the millage now is tops of any city in Volusia County or next to the top. He suggested instead of annexing more problems into the City to take care of the people already here, as people in Florida Shores also don't have up to date fire protection. He stated this year's budget was over 6 million dollars and asked why they can't use some of that money for sewers in Florida Shores and not tax the people, as they have impact fees and taxes and still want to add more. Mayor Baugh requested a motion to go from the Public Hearing to the regular Council meeting. Councilman Rotundo so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Ord. 88-0-2 - Councilman Rotundo moved to adopt Ordinance 88-0-2. Motion DIED for lack of second. Ord. 88-0-2, 88-0-3, 88-0-4, 88-0-5, 88-0-6, and 88-0-7 - Councilman Asting moved that these ordinances be TABLED to give the City Manager the opportunity to familiarize himself and bring all up at a later date. Councilman Prater seconded the motion. Motion CARRIED 4-1. Councilman Rotundo voted NO. APPROVAL OF MINUTES Special Meeting of February 29, 1988 - Councilman Prater moved to approve the minutes of February 29, 1988. Councilman Mitchum seconded the motion. Motion CARRIED 5-0. Workshop of March 7, 1988 - Councilman Asting moved they adopt these minutes. Councilman Prater seconded the motion. Motion CARRIED 4-1. Councilman Mitchum voted NO due to absence. Regular Meeting of March 7, 1988 - Councilman Prater moved they adopt the minutes of the regular meeting of March 7, 1988. Councilman Asting 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 Freeman Newell, 2450 S. Ridgewood Avenue, asked if anything's been heard from the School Board and Mayor Baugh replied nothing yet. Mr. Newell stated it's been seven months since this started and there are 300 children signed up for baseball with 27 teams. He said they put up two more gates and he asked what it cost the taxpayers. Mayor Baugh replied he doesn't know. Mr. Newell stated that Mr. Garrett hasn't been to any of these meetings, and he's asked about this at every Council meeting the last seven months. Mayor Baugh suggested he call the School Board about the meetings that were held. There was discussion between Mayor Baugh and Mr. Newell regarding the contacts that had been made and the meetings held. Mayor Baugh asked Acting City Clerk Wadsworth to find out about the gates and Mr. Newell can call her. Mr. Newell described the location of the gates. -3- Council Regular Meeting Minutes March 21, 1988 o c MISCELLANEOUS (Continued) - Frank Roe, 2732 Juniper Drive, asked if there's enough money in the impact fees to fix this up for the children and then fight the battle. Mayor Baugh pointed out they need to get the permission from the School Board to do it. Mr. Roe stated that if it's our mistake, we should be able to take the money and take care of it immediately. Mayor Baugh stated it will be done as soon as they hear from the School Board. Frank Opal, Florida Shores, stated he's still waiting for an answer to his question of three meetings ago about who issued the permits for an airplane hanger. He suggested perhaps the new City Manager should answer it. Mayor Baugh asked Dennis Fischer, Building Official/Code Enforcement Officer, if he issued a permit on 12th Street for the airplane hangers. Mr. Fischer replied he issued permits for large houses on 12th Street and they have garages that are large enough to house airplanes. Mayor Baugh stated that airplanes are in them so Mr. Opal has his answer. Mr. Opal referred to a book he has on "How to Sue Somebody and Not Have Any Problems". He suggested people in the audience who went to the State Attorney and filed an affidavit against a Councilman should read the book. Mr. Opal stated that on February 28th the newspaper had an article by Finance Officer Karen Rickelman and she tells how sad things will be in the City and she draws a dismal dark picture of what's happened. He said it seems she's trying to get off the hook and somebody else will get the shaft for anything that takes place. Mr. Opal stated that Open Mike will be on at 3 PM the next afternoon with WSBB and people can ask questions. He referred to white welfare and parasites. He asked who ordered the court reporter. Mayor Baugh replied he doesn't know. Mr. Opal asked who pays for it and Mayor Baugh replied he doesn't know and we tape the meetings also. Jimmie Newell, 2450 S. Ridgewood, asked the purpose for putting up the gates at the field at the school and Mayor Baugh replied he doesn't know. Mr. Newell stated they're spending taxpayers' money and he doesn't know, and it's telling him they're not going to do anything about the road. Mayor Baugh stated he intends to fix the road. Mr. Newell stated they're spending money putting up gates and you can't use the roads when the gate is up so the road is no good anyway. He added that the lease is broken with the School Board on that property. Bill Britain stated that the school is getting ready for construction on the south side by the cemetery and the construction company put up the gates for safety and they are their gates. Freeman Newell, 2450 S. Ridgewood, stated they put the gates up about a week ago. Mayor Baugh asked who put the gates up and Mr. Newell replied it was the men who work for Mr. Garrett and he's talking about a different set of gates. Mayor Baugh stated he'll find out about it. Mr. Newell said the problem is the letter that he heard was written by Mr. Nadal and signed by Mr. Garrett. Bill Klein, 2910 Needle Palm, stated they talked about the hangers at a Planning and Zoning Board meeting and Council should read the minutes about what the Building Official said when he was questioned about why airplanes were housed in hangers. He said a long time ago Planning and Zoning asked that an investi- gation be made on this and another incident and none of the Council knew what he was talking about but the City Attorney made a ruling. He suggested Council do an investigation about some incidents in our City. He asked to reserve time if they bring up something about Section 6 on the new City Manager. James Hatfield, 236 Old County Road, referred to an article about radicals coming to Council meetings and said he's a radical for the cause of Edgewater and has lived here 22 years. He said they suspended Mrs. Martinez with pay and it's been going on for 6 to 7 weeks and then they bring an Interim City Manager in and want to pass the ball to him to make a decision to get them off the hook. He said they're giving the existing sewer to Edgewater Landings and it's disheartening to see new homes built in Florida Shores and the people paying $2,000 for septic tanks and then after the sewer is brought in, they'll pay another $2,000 to hook up. He said they have over one-half million dollars in the recreation budget and eight men are working in the department. He suggested they call Mr. Ross, an Attorney who is on the School Board. -4- Council Regular Meeting Minutes March 21, 1988 o o MISCELLANEOUS (Continued) - Norman Billups, 1860 Pine Tree Drive, asked about time frames and schedules for CIP. He pointed out it's not approved yet and he asked how long it will be before it is approved. He noted they'll have water and sewer and the streets will be dug up in the Florida Shores area before they get some decent paving. He said he hopes he lives 10 years or more from now to see some decent asphalt roads in Florida Shores. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Mayor Baugh asked to speak first because he wasrrt feeling well and would like to be excused. No Council member objected. Mayor Baugh stated that Section 6 of the ordinance for the City Manager was to be reworded and Council has a copy of a letter and up to date information from Mr. Knowles. He asked Council to consider this and he read the following: 'Appointments and Removals. Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any city administrative officers or employees whom the manager or any of his subordinates are empowered to appoint, but each council- man may express his views and fully and freely discuss with the manager anything pertaining to appointment and removal of such officers and employees. Interference with Administration. Except for the purpose of inquiries and investigations, the councilor its members shall deal with city officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the council nor its members shall give orders to any such officer or employee, either publicly or privately.' He stated he talked with the City Manager and City Attorney and both felt it was a good workable Section 6 and he's suggesting and recommending that it be approved. Bill Klein, 2910 Needle Palm, stated this is the first he's heard about this and he asked if it's in the letter from Mr. Knowles. Mayor Baugh replied yes. Mr. Klein said he sent a letter immediately after the last meeting and that's his recommendation. Mayor Baugh agreed. Mr. Klein stated he sees very little difference from what it was before except it's watered down. Mayor Baugh replied they go through the City Manager. Mr. Klein stated that he'll keep the Council and Mayor informed about any dismissals and they're a legislative group and not administrative. Mayor Baugh stated that ICMA updates the contracts periodically and this was an updated one and is his recommendation to Council. Mr. Klein stated he's not opposed to his recommendation and can live with it but it doesn't have the teeth in it. Mayor Baugh recommended they accept it and turn it over to the City Attorney to draw up the necessary papers. Councilman Mitchum stated he's for the original ordinance and he sees that under part of Mr. Knowles recommendation a part was scratched out regarding holding other office which was under the original Section 3. He read that section. Mayor Baugh pointed out that was not part of Section 6, the other two were parts of Section 6. Councilman Mitchum moved that they amend Ordinance 88-0-10 back to its original form as brought to the Council by the City Attorney and Mr. Knowles. Councilman Prater seconded the motion. Motion CARRIED 4-1. Mayor Baugh voted NO. Mayor Baugh stated he spoke with the City Attorney about this and his contract stated there's a 6-month clause for review or renewal of his contract and he'd like Council to be aware he wants to notify him of the 6-month clause so when they go to budget, if they find they need a full-time City Attorney, they'll have the right to review it. He asked for any objections from Council to notify him of that since they have to notify him six months prior to his contract. City Attorney Alvarez stated he would have appreciated if he'd known this would be brought up at this meeting, and all he said to him was a question of whether he wanted to be a full time Attorney. Mayor Baugh again stated that he'd talked with him about it. City Attorney stated it's unprofessional and he asked if it's open season for the City Attorney. Mayor Baugh stated he'd told him he was bringing it up on the six month clause to get a full time Attorney. City Attorney Alvarez asked if he'd done a feasibility of a full time City Attorney and if the City Manager should be involved in it. He asked if it's now open season on the City Attorney, and asked Mayor Baugh if he wanted to take a polygraph in front of the public and Mayor Baugh agreed. He asked if the. Mayor is being a spokesman for people who think he's responsible for Connie Martinez's termination. Mayor Baugh said no and he'd told him he was bringing it up about the six-month clause in his contract. Councilman Prater suggested they have a workshop about this issue within the next week. There was discussion about the terms of the resolution. -5- Council Regular Meeting Minutes March 21, 1988 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - City Council Reports (Continued) - Mayor Baugh asked Interim City Manager Dennis Kelly to look into it the next day and City Attorney Alvarez agreed. Mayor Baugh stated the Interim City Manager will advise them of what the contract reads. Phyllis Woodard, from the audience, stated she has a copy of the agreement and she'd brought this up at a Council meeting. Mayor Baugh read from the resolution. City Attorney Alvarez explained that at the time it was brought up, it was six months before the end of a contract and there's no six-month open period in the contract. He suggested Mrs. Woodard talk with him about it. Mrs. Woodard again stated she brought it up to the Council and read it to them. City Attorney Alvarez said she made the statement on the record and this is the resolution and not the contract. Mrs. Woodard stated it's very confusing. City Attorney Alvarez said he'd be happy to explain it to anyone who wants to review it, and he doesn't know what game they're playing. Mrs. Woodard stated she doesn't play games and another lady wants to talk about the budget. City Attorney Alvarez explained they're defending a lawsuit that's very expensive to the City and he didn't create the lawsuit and is only defending it. Councilman Mitchum stated they requested the City Manager to look into that and it would be appropriate to put it to rest. Mayor Baugh stated there's a six- month clause and he doesn't want to be in violation of the contract. Mayor Baugh called a 5-minute recess at 8:05 P.M. and left the meeting at this time, due to illness. Vice Mayor Prater called the meeting back to order at 8:17 P.M. Councilman Asting stated that regarding the CIP program, so far they have only one investment banker that's putting in a proposal and they have a list of 12 investment banking firms that would like to submit proposals for the bond issue and he recommended the City Manager contact these firms and get their proposals, and he so moved. He urged Council to affirmatively support this motion for the benefit of the people and the City. Councilman Mitchum asked who the firms are and Councilman Mitchum asked where the firms came from. Councilman Asting stated they had these firms for a long time and it was ignored and they can get a copy of the names and addresses from City Hall. Councilman Rotundo seconded the motion. Councilman Asting explained this is for additional proposals to find out where they can get the best deal rather than accepting just one recommended by the attorney. Councilman Mitchum stated there was no proposal and they aren't obligated to these people for anything. Councilman Asting stated that on November 2 they voted 3-2 to appoint A. G. Edwards as the banker. Councilman Mitchum stated if they don't accept their proposals, they don't pay anything. Councilman Asting agreed and suggested they get more, and noted it was brought up November 2nd. Bill Klein, from the audience, asked if that was when he went to the State Attorney's office and Councilman Asting replied no, that was later. Motion CARRIED 4-0. Councilman Asting suggested the City Council review the resolutions and agreements the City has with the City Attorney and each member of the Council evaluate the City Attorney's performance using the yearly performance form as much as possible and give it to the City Manager for compilation and report to the City Council on April 4, 1988. He stated that he will do so. Councilman Mitchum stated he wanted to handle this before the Mayor left, and they appointed the Mayor as a sort of administrator in City Hall and he made the original motion, but now that they have a City Manager and voted to give the City Manager full status, he moved to repeal all resolutions or whatever and thank the Mayor for his hard work, and go back to the Mayor being just another member of the Council and let Mr. Kelly run the City like they hired him to do. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. -6- Council Regular Meeting Minutes March 21, 1988 o Q COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) City Attorney Reports - City Attorney Alvarez stated that Council needs to be concerned with the fact there's no risk management committee to evaluate claims and a few are pending. He noted they had a verbal resignation from the insurance agent Gary Schad but he hasn't seen a copy of a letter, and Mrs. Martinez resigned also a couple of months back, so it needs to be re-established so they can proceed and make some decisions about the City's insurance or self-insurance. Councilman Mitchum asked if Mr. Kelly would automatically be on the committee as City Manager. City Attorney Alvarez explained that the resolution reads City Administrator. Councilman Mitchum asked if a motion is needed and City Attorney Alvarez suggested they amend the resolution to substitute City Manager for City Administrator. Councilman Mitchum so moved. Councilman Rotundo seconded the motion. City Attorney Alvarez suggested the third individual could be up to the City Manager to use a procedure to request proposals and appoint a member of the insurance industry. Vice Mayor Prater asked if that had to be included in the motion and City Attorney Alvarez replied the Manager would have the authority to proceed with the third individual. Motion CARRIED 4-0. Interim City Manager Reports - Mr. Kelly stated he'd presented himself as a mediator or facilitator or go between regarding the current suspension of Mrs. Martinez to being the situation to some type of resolve with the City Council. He said it was indicated to him that they'd accept that service and he'd pro- vide it and had 2 or 3 discussions with Mrs. Martinez which were very congenial and professional and businesslike. He noted there were some mutual agreements at a certain level and he'd talked with the City Council members about their positions and conveyed their positions to Mrs. Martinez. He said Mrs. Martinez submitted her resignation subject to certain conditions, and he's passed those conditions out, and had received the written confirmation late that afternoon. He added that he got an informal handwritten note from the Finance people which gives them the amounts involved with the letter of resignation terms. He read the letter of resignation from Mrs. Martinez dated March 21, 1988. He suggested they open the floor for discussions by the City Council for their course of action. The letter read: "This will confirm our earlier conversations of Sunday, March 20th, at the hour of 10:00 p.m., wherein you advised me that you have spoken to all of the city councilmen, and the mayor, regarding resolving my suspension, and our second conversation this morning wherein you presented the city's written proposal. I trust no sunshine laws have been violated in this regard. I would be willing to resign, effective this date, upon the following terms and conditions: 1. I be given 90 days severance pay, beginning with the effective date of my resignation. In addition, I will be given all accrued but unpaid vacation days and sick leave which have accrued or will accrue in the 90 day period, together with gas mileage reimbursement currently pending. All such sums will be paid to me within 30 days of the effective date of my resig- nation. Appropriate contributions will be made to my vested pension plan, based upon all benefits paid under this paragraph. 2. Payment to me of the same cost of living benefit given all other city employees and to which I am lawfully entitled under appropriate resolutions of the City of Edgewater, effective October 1, 1987. 3. My severance pay would be based upon my lawful 1987-88 compensation, including the cost of living benefit. 4. My personnel file will be purged of and contain no adverse or derogatory remarks regarding my performance which were not in the file prior to my suspension on February 10, 1988. Further, the City councilmen, including the mayor, and the city attorney, agree not to make any such derogatory remarks regarding my performance at any official city meeting, or in any public meeting of citizens of the City of Edgewater. All other city department heads and employees will be instructed to conform to this item. 5. The City agrees to indemnify me and hold me harmless from any and all suits, claims and demands arising out of or in any way connected with the performance of my duties while an employee of the City of Edgewater. This indemnification includes the payment of reasonable attorney fees which I may incur in responding to or defending myself against any claim or demand arising out of or in any way connected with the performance of my duties while an employee of the City of Edgewater. (Continued) -7- Council Regular Meeting Minutes March 21, 1988 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Interim City Manager Reports (Continued) - (Continuation of March 21, 1988 letter of resignation from Mrs. Cornelia Martinez) - 6. In return, I agree not to seek damages against the City of Edgewater, its Council members, mayor, city attorney, or department heads, for defamation or other cause of action arising out of or in any way connected with the performance of my duties as an employee of the City of Edgewater, to the extent the basis for such cause of action is statements made prior to the effective date of my resignation. 7. Nothing herein shall be construed to limit my right and obligation to testify truthfully in any proceedings brought by the State Attorney's office, either presently or here- after, or in other court actions. 8. In the event these conditions are not agreed to in open meeting tonight, my resignation will be withdrawn, and I will pursue all legal avenues open to me to redress my grievances for the unfounded criticism, defamations, and being suspended without cause. Yours very truly, Cornelia A. Martinez, CMC." Mr. Kelly stated the handout was developed by staff and is a financial analysis of the items she's asking for in her letter, with financial requests being in paragraphs 1, 2, and 3, and the remaining paragraphs are releases and hold harmless clauses and non-direct financial items. He added they calculated this effective March 22nd with a retro pay of 6% which makes it $14.28 an hour, or an 81 cent difference. He stated there is $4,138.34 due for vacation time and $5,026.56 due for sick time, and those added to the retro pay total $9,974.90. He pointed out those totals are due her regardless of whether she quits or is terminated as they are accrued earned benefits due her. He stated the severance pay for the 90 days from March 22nd is $7,882.56, so that combined with the accrued amounts to $17,857. He said he'd defer the legalities to the City Attorney as to what's legal and not legal. He said only one figure was discussed between him and Finance and Mrs. Martinez was suspended February 10th, and if the 90 days was effective then, they'd calculate the time already up as part of the 90 days and $5,833.33 would be due her, which doesn't include the 6%. Councilman Mitchum asked if it would be $5,800 and Mr. Kelly replied that was done last week. Councilman Mitchum stated that's a difference of about $2,000 and Mr. Kelly agreed it was about that, and the 90 days from March 22nd would be the $7,882.56. Councilman Asting moved to grant the request of Mrs. Martinez, and added that if they go to court, it will cost a lot more. Councilman Rotundo seconded the motion. Mr. Kelly said the motion is on the floor and under paragraph 1., the last sentence regarding the contribution to the pension plan, they don't have the capability on staff as to the financial amount and they'll have to contact the underwriters of the pension plan as to that amount and didn't have time this afternoon. He added it would probably be between $100 and $200 a month, and possibly $300 to $500 over the three month period. Frank Roe, 2732 Juniper Drive, stated they need something monetary in the motion. He asked the City Attorney if she's suspended, the 90 days can't start from the suspension but from the time she resigned. City Attorney Alvarez replied the resignation is effective when it was submitted and the suspension was with pay. Mr. Roe asked about the 90 day notice and City Attorney Alvarez replied this is a matter of Council. Mr. Roe suggested Council give her the top and not have any trouble with it. A gentleman from the audience asked if that includes the 6% and Vice Mayor Prater replied yes. Ken Dore, Florida Shores, stated that 7 or 8 years ago Joe Mitchell left as City Manager and there was a 30-day notice given him and they had a contract with him and this lady is working under resolutions and she gets 90 days, and it's too much. Ruth Liz Taylor, 2113 Travelers Palm, asked the audience to give Mr. Kelly a hand of applause to welcome him to the City. The audience did so. -8- Council Regular Meeting Minutes March 21, 1988 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Interim City Manager's Report (Continued) - Bill Klein, 2910 Needle Palm, asked Councilman Asting to make clear if his motion includes 6% and 90 days from here forward. He said they passed a resolution at the last meeting to deny the new Interim City Manager any time at all and he'll get no pay if he leaves. Councilman Asting stated that Mrs. Martinez worked for the City about 16 years and is entitled to it. Mr. Klein noted that she received pay for those 16 years. Councilman Asting stated she put time in and didn't charge for it. Mr. Klein stated she was well paid for the time she put in and they're giving the City away. Councilman Asting stated that if Mrs. Martinez takes the City to court and wins, it will cost more than $9,000. Councilman Mitchum pointed out they returned Ordinance 88-0-10 to its entirety and there's a 3-month clause for the City Manager and his motion was to bring it back in its uncut version as brought by the City Attorney and Mr. Knowles. Councilman Prater stated he has a problem with the terms and conditions and he doesn't go along with number 5 at all, and he doesn't want to be held accountable for the time before he was here. Motion to grant the request of Mrs. Martinez CARRIED 3-1. Vice Mayor Prater voted NO. Police Chief's request for expenses to co-host Volusia County Police Chief's Association Dinner Meeting - Acting City Clerk Wadsworth read the March 10, 1988, memo from Chief Schumaker requesting a check for $150.00 to cover the expenses for the March 25th meeting. Councilman Asting moved they grant the request. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. Public Works Superintendent's recommendation on refuse truck bid - Mr. Kelly reviewed a brief history of the former bids, rejection, and re-bids. He stated those bids have come back and Mr. Overstreet has made a recommendation that was not the lowest bid. He read the recommendation that the City of Edgewater accept the bid submitted by Rand Automated Compaction Systems, Inc. in the amount of $53,221.53. He noted they have a bid tabulation sheet and they received five bids out of seven invitations and the low bid was from Solid Waste Recovery Systems and the high bid was from Boebinger International for $54,974.00. He said he discussed this and reviewed the specifications with Mr. Overstreet and the one that met the specifications was Rand and they are not waiving the low bid since the other didn't meet specifications and only Rand did. He asked Mr. Overstreet if that was a fair assessment. Councilman Mitchum asked if this was budgeted. Mr. Carl Overstreet, Public Works Super- intendent, said on the original bid it was to be with one of the present units traded in with about $5,000 trade in value and after discussion with Councilmen and amongst themselves they decided they need that vehicle for a back up rather than trade it in. He added that line item 64 has a balance of $46,771.74 for the item and he's well under on line item 12 which will compensate for the difference of what they need to purchase the truck. Councilman Mitchum asked about his discussions with Councilmen and Mr. Overstreet replied that some of the Councilmen came by and discussed it, and at budget time they considered $5,000 for trade in value. Councilman Asting asked how much is in that fund and Mr. Overstreet replied $46,771.74. Councilman Asting pointed out that's $6,000 short. Councilman Mitchum asked where it will come from and Mr. Overstreet replied line item 12, salaries, because they were under- manned. Councilman Mitchum asked if they need this truck and Mr. Overstreet replied yes, and he has to run the back up truck on a regular basis. Councilman Asting asked how long it will take to get the truck and Mr. Overstreet replied approximately 90 days. Councilman Mitchum asked if this truck will last that long and Mr. Overstreet replied they have good mechanics. -9- Council Regular Meeting Minutes March 21, 1988 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Public Works Superintendent's recommendation on refuse truck bids(Continued) - John Story, Solid Waste and Recovery Systems, stated nobody could read the request for bids that was sent out and he met spec's as well as anyone can meet them and put in 10 gauge metal and he can have any amount of overhang they want. He noted they're $6,040 below the high bid on the same truck. Councilman Asting asked what kind of hydraulic system is on the truck and Mr. Story replied the same as Pak-Mor. Councilman Asting asked if it's the same and Mr. Story replied no. Mr. Overstreet asked if the man from Rand could speak. Councilman Mitchum stated he doesn't have to defend his truck. Mr. Overstreet said the brochure does not specify what they put in the bid. Mr. Story stated it's written in pencil on the bid and it's in the brochure to add anything they want. Mr. Overstreet pointed out that another problem is the main ram on the truck is on the floor of the truck and if it breaks, that's a $4,500 item and it's very difficult to move the truck, and the type he's using has a main ram on stand by to replace it and the present ones have interchangeable parts and are more compatible to their frame and they have the parts on hand. Councilman Mitchum questioned if that's relevant with a $6,000 difference on the bid and if they have to accect the low bid and say it doesn't meet with our present fleet, and that wasn't a requirement. Mr. Overstreet said he visited some of his customers and looked at a truck with 25,000 miles and and picked one of ours with 55,000 miles on it and the drum of ours was in better shape than the one with 25,000 miles on it. Mr. Story stated that their ram lays back and they get a better compaction and never had a ram break and it's under warranty for a year. He said he has a theory about where the $6,000 came in because there's not that much difference between the bodies and it was a trade off. Rick Carnley, Rand Automated, stated he took offense at his competitor's remarks and they bid on the specifications. He referred to the visit by Mr. Overstreet to neighboring cities and stated he didn't promote the trip. He said with the way the specifications are written, the competitor doesn't meet them with many items. He further reviewed the features on his truck. Councilman Asting moved to grant it to Rand Automated Compaction Systems based on the fact that the people are more familiar with them and they do meet specifications. Motion DIED for lack of second. Mr. Kelly recommended all bids be rejected and requested guidance and direction from Council as to what specifics they may be concerned with and then rewrite the specifications and readvertise to make it fair since the bids were opened and two vendors were allowed to speak. Councilman Mitchum so moved. Mr. Kelly asked what about the specifications they're dissatisfied with, or they can talk to him individually and they'll draft up a new set of specifications for their approval. Councilman Asting said the specifications written in pencil bothered him as he wants to see a brochure published by the company selling the truck and printed. Councilman Mitchum stated it's an overall brochure and the trucks can be custom tailored to fit the needs. He again pointed out they're talking about $6,000. John Story read the paragraph of the specifications regarding the wheel base, and there was a brief discussion between him and Councilman Mitchum. Mr. Kelly stated they'll bring back a new set of specifications and he'll ask Council not to allow exceptions, and they have to list exceptions in the bid response to avoid confusion, and they'll be expected to come back with details. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. Screening Committee's recommendation for Land Development and Regulatory Agency - Vice Mayor Prater stated they have three names and he opened the floor for nominations. Vice Mayor Prater nominated Mel Wargo. Councilman Mitchum nominated Harold Hardester. Councilman Asting nominated Mr. Bennington. Roll call on Mr. Wargo was 2-2, with a tie vote failing. Roll call on Mr. Hardester was 3-1, with Councilman Asting voting NO. Roll call on Mr. Bennington was 3-1 with Vice Mayor Prater voting NO. Vice Mayor Prater announced that Harold Hardester and Don Bennington were selected. A brief discussion followed regarding the alternate named. -10- Council Regular Meeting Minutes March 21, 1988 .. . ." o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - Ladies Auxiliary of Volunteer Fire Department - request to hold car wash at Station One, April 16, 1-4 P.M. - Acting City Clerk Wadsworth read the February 26th request from Secretary Sue Pezanowski. Councilman Asting moved they grant the request. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. COMMUNICATIONS Volusia Growth Management Commission's request forreappoinment or appointment of new representative to Commission - Acting City Clerk Wadsworth read the March 3, 1988, letter of request. Councilman Asting moved they TABLE this until a later date. Councilman Rotundo seconded the motion. Councilman Rotundo asked Councilman Mitchum if he'd be willing to take this and Councilman Mitchum replied yes and he was just appointed and was able to attend one meeting, and his appoint- ment was for the City Attorney. Councilman Rotundo withdrew his second. Motion DIED for lack of second. Councilman Rotundo moved to appoint Councilman Mitchum to this. Councilman Mitchum seconded the motion. Motion CARRIED 3-1. Councilman Asting voted NO. ORDINANCES AND RESOLUTIONS Res. 88-R-19 Appointing members to Land Development and Regulatory Agency - City Attorney read this Resolution. RES. 88-R-19 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING MEMBERS TO THE LAND DEVELOP- MENT AND REGULATORY AGENCY; PROVIDING FOR TERMS OF OFFICE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING AN EFFECTIVE DATE. He inserted the names of Don Bennington and Harold Hardester for one year terms. Councilman Mitchum moved they adopt the Resolution. Councilman Rotundo seconded the motion. Motion CARRIED 3-1. Councilman Asting voted NO. Res. 88-R-20 Appointing Carl R. Overstreet as Public Works Superintendent - City Attorney Alvarez read this Resolution. RES. 88-R-20 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FORIDA, APPOINTING CARL R. OVERSTREET AS THE PUBLIC WORKS SUPERINTENDENT OF THE CITY OF EDGEWATER; PROVIDING FOR TERMS AND CONDITIONS OF EMPLOYMENT; PROVIDING FOR COMPENSATION; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH, AND PROVIDING FOR AN EFFECTIVE DATE. He read the terms and conditions and salary and benefits. Councilman Mitchum questioned if number 4 was contradictory, "The Public Works Superintendent will serve at the will of the City Council." Frank Roe, from the audience, asked if he serves under the City Manager. Mr. Kelly suggested they could amend number 4 to include Ordinance 88-0-10. City Attorney Alvarez agreed they need to amend the resolution and also number 3 regarding the probationary period as determined by the City Council and any reference to City Council will be City Manager. Mr. Kelly clarified for Council that there will be some transitional issues show up and they'll ask for tolerance in making the appropriate corrections and Mr. Overstreet is in the middle of the transition. Councilman Mitchum moved to adopt Resolution 88-R-20 per the City Manager's interpretation as amended. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. UNFINISHED BUSINESS Res. 88-R-ll Repealing Res. 84-R-60 Designating Cornelia A. Kinsey as Finance and Administration Director (Tabled March 7, 1988) - City Attorney Alvarez read this Resolution. RES. 88-R-ll - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ED GEWATER, FLORIDA, REPEALING RESOLUTION 84-R-60 IN ITS ENTIRETY WHICH DESIGNATED CORNELIA A. KINSEY AS FINANCE AND ADMINISTRATION DIRECTOR FOR THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. He added this is just paper work. Councilman Mitchum moved they adopt Resolution 88-R-ll. Mr. Kelly pointed out that this is a pro forma exercise and it doesn't reflect on Mrs. Martinez personally and for a smooth operation and transition, he requested that both 88-R-ll and 88-R-12 be favorably adopted by the City Council. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. Res. 88-R-12 Repealing Res. 87-R-16 Restructuring duties and responsibilities con- ferred upon Cornelia A. Martinez as City Administrator (Tabled March 7,1988) - City Attorney Alvarez read this Resolution. RES 88-R-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWAT~R~FLORIDA, REPEALING RESOLUTION 87-R-16 IN ITS ENTIRETY WHICH AMENDED RESOLUTION 84-R-60 BY RESTRUCTURING THE DUTIES AND RESPONSI- BILITIES OF CORNELIA A. MARTINEZ, AS CITY ADMINISTRATOR FOR THE CITY OF EDGEWATER; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Mitchum moved they adopt 88-R-12. Councilman Rotundo seconded the motion. Motion CARRIED 4-0. -11- Council Regular Meeting Minutes March 21, 1988 ,- o Q ., r UNFINISHED BUSINESS (Continued) - Request from City of Ormond Beach re: support to dissolve Ponce DeLeon Port Authority and collected funds to be returned to taxpayers and local govern- ments in the district (Tabled March 7, 1988) - City Attorney Alvarez stated this was pending from the last meeting and he's done some research and is requesting the City Manager be directed to look into this matter and consult with the other City Managers on the East side of the County and bring back a recommendation to the Council. He gave a brief history of the Authority and noted that New Smyrna Beach and Ormond Beach are requesting the money be given back to the cities to run their own water-related projects, such as Menard Park improvements, if any, and lifeguards, etc., and to return the funds contributed by the cities proportionately. He added that the legislative delegates have looked favorably on this, subsequent to the cities getting together. Councilman Rotundo so moved to accept the recommendation. Councilman Mitchum seconded the motion. Motion CARRIED 4-0. NEW BUSINESS Change Order to Contract for new Library - Acting City Clerk Wadsworth read her March 16, 1988, memo requesting approval of a $295. addition to the Library contract. Councilman Rotundo moved they accept this recommendation. Councilman Asting seconded the motion. Motion CARRIED 4-0. ADJOURN Vice Mayor Prater requested a motion to adjourn. Councilman Mitchum so moved. Councilman Rotundo seconded the motion. Meeting was adjourned at 9:30 P.M. Minutes submitted by: Lura Sue Koser tu - h't~/~ COUNCtLMA - ZON THREE ~ ~ ~ ATTEST: 7 -d" ~ a 1L~~~ ACTING CITY GLERK Approved this '/ day of ~/OA:{ ,198 r ~ pi-- Arrived later in the meeting COUNCILMAN - ZONE FOUR -12- Council Regular Meeting Minutes March 21, 1988