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02-10-1988 - Regular o Q ". CITY COUNCIL OF EDGEWATER REGULAR MEETING FEBRUARY 10, 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 Councilman Councilman Councilman Baugh Louis Rotundo Russell Prater Neil Asting Present Present Present Present Councilman David Mitchum City Attorney Jose'Alvarez City Clerk Connie Martinez Chief Lawrence Schumaker Present Arrived Later Present Present INVOCATION, SALUTE TO THE FLAG Reverend Harvey Hardin, retired Methodist minister, delivered the invocation. There was a salute to the Flag. City Attorney Alvarez arrived at the meeting at this time, 7:03 P.M. APPROVAL OF MINUTES Regular Meeting of February 1, 1988 - Councilman Asting moved they adopt the minutes. Councilman Prater seconded the motion. Motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Rotundo moved they pay these bills. Councilman Prater seconded the motion. Motion CARRIED 5-0. MISCELLANEOUS Norman Billups, 1860 Pine Tree, stated they can't stifle, control, or stop growth, but they can plan for it and manage it. He said present CIP planning and executions are a must and there should be no more patching. He added they needa professional with a B.S. degree in Business Administration and a Masters' in City Manager plus other professionally trained key City personnel to handle the over 20 million dollar plus of needed City services. Mr. Billups stated that on November 9, 1987, he wrote a letter and it was published in the News and Observer, addressing a series of questions to Councilman Asting. He displayed the letter as Exhibit 1. He stated that copies were given to the City Council and City Attorney at the regular meeting of November 16, 1987, and to date no replies have been received from Councilman Asting. He stated that $134,888 plus of taxpayers' money has been wasted on street paving equipment which is rusting away for lack of use. He said it's incompetent and criminal for public officials to do this, especially if it were an allegedly ulterior motive to influence voters for re-election. He stated Councilman Asting and the City Clerk/Administrator were the prime movers behind this waste and they were to blame for the super sales pitch and arm twisting of other members of Council. He added that Council must rely and act on information and recommendations given to them or withheld by the City Clerk/Administrator. He said he has documen- tation for their inspection and those are Exhibit 2, with minutes of meetings of February 21, 1985, March 4, 1985, April 15, 1985 and April 18, 1985. Mr. Billups stated that results of the February 2, 1988, referendum can only be interpreted as a measure of dissatisfaction expressed by the people with the way the Council has performed in the past and they must make instant changes in the way business is conducted. Mr. Billups suggested Council review and bring up to date by an appointed committee who will submit to Council, the City Charter. He added that the Charter was presented to voters and turned down by 11 votes in the election of July, 1982. Mr. Billups stated that organizational tables and flow charts should be estab- lished to show at a glance the jobs and duties of various Department Heads and lines of authority and communication, both up and down the line. He added that all Boards should be outlined in that same manner. Mr. Billups stated the time has come for the elected officials to see how strong they can be. He said Councilman Asting and the City Clerk/Administrator have had ample time to reply to all questions and have chosen to remain silent and/or tried to confuse the issue, exhibit 4. . u o I, MISCELLANEOUS (Continued) - Norman Billups (Continued) - Mayor Baugh called a time limit to see if Council wanted to hear more. Councilman Asting replied that he wants to respond. Tom Sheridan, from the audience, asked to give his time to Mr. Billups and Mayor Baugh replied no. There was no objection for Mr. Billups to continue. Mr. Billups referred to the February 7, 1988, article in the Sentinel Star and the February 10, 1988, article in the News Journal, both similar material related to Bill Klein. He said he assumed Asting and Company could be guilty of throwing out a red herring to further confuse the main issues. He asked how much more the citizens should endure, and said their immediate resignation should be requested and/or censured by motion and vote by the City Council. Councilman Asting asked Mr. Billups if they should continue road paving and then take them up again to do the sewers. Mr. Billups replied he was talking about the past and Councilman Asting stated they paved 10 miles with the equip- ment and saved $2.60 per foot compared to the contractor's bid amounts, and they stopped because they received two letters from the Health Department stating they have to go into a sewer program for Florida Shores. He added they still have 80 miles of Florida Shores to be paved using City equipment and it will save the City 1.1 million dollars. Mr. Billups stated that's not the issue. Councilman Asting and Mr. Billups continued with discussion regarding the paving equipment and Mr. Billups asked why the people weren't informed. Glenn Storch, Attorney with Owens & Storch, stated he spoke with the Attorney regarding the performance bond and has been requested to put additional language in the bond providing for an additional engineering review and he has no objection to it. Frank Roe, 2732 Juniper Drive, stated that people should get their facts straight before speaking to Council because a lot of people don't understand it. He recalled that people from Florida Shores demanded they have their roads paved and Council did it and now others find fault with it. He stated that the City Clerk doesn't spend money and neither does one man on Council, and all of Council spends the money and they're trying to do a good job. Mercedes Hoffman, 208 Lee Drive, asked Mayor Baugh if he recalls prior to the election making the statement that if he were elected, regardless of whether the City Clerk was doing an excellent job or not, but doing her job, he said the number one priority was Connie, get rid of Connie. Mayor Baugh replied no. Mrs. Hoffman asked if he recalled and Mayor Baugh replied no, he never said that. Mrs. Hoffman stated she recalls it very well and it's so vivid in her memory it's like it happened yesterday, and he doesn't recall it. Mayor Baugh stated he never said that. Mrs. Hoffman stated he said getting rid of Connie is #1 and she asked that he think about it. JoAnne Sikes, 125 East Palm Way, City employee, said what Mrs. Hoffman said was told her by Mayor Baugh in the Library and he also told her the City Attorney would also be got rid of because they were involved when he was fired. Mayor Baugh stated if he wanted to get rid of Mrs. Martinez, he'd have done it 3 years ago and he'd asked the City Attorney to resign. City Attorney Alvarez agreed. Mayor Baugh advised Mrs. Sikes that he remembers telling her about the City Attorney. Mrs. Sikes asked if he remembers telling her and Mayor Baugh replied no, not getting rid of Mrs. Martinez. Mrs. Sikes stated that was exactly what he said. Mrs. Sikes stated that they had dirt roads when they moved to Edgewater and they paid for them to be paved and sewers to be put in, and people in Florida Shores moved on dirt roads and a prior Council only wanted Magnuson to build and didn't set rules and didn't enforce anything, and it's a shame people have to pay for it now in this manner. Mrs. Sikes stated they tore down morale and it's a shame. in City Hall and with City employees -2- Council Regular Meeting Minutes February 10, 1988 o o MISCELLANEOUS (Continued) - Mel Wargo, 2 Pinesedge Court, stated he was a part of all this and they had to pay for a paving program the previous Council started and they didn't know how to do it legally and it ended up assessing the property owners. He referred to the paving at that time done by Community Development. He said he was told EPA was here 10 years ago and they said something had to be done about Florida Shores sewers because it would be a health problem. Mr. Wargo stated that he made the motion that Earl Baugh be terminated on the basis of the Tucker Report but he wasn't the one who brought Tucker in, it was Gigi Bennington and the City Clerk/Administrator who took care of it and brought Tucker here. Mr. Wargo stated he thinks it's time something was done as when they appointed Connie Martinez the City Administrator they didn't give her all the powers she has now, she just took them. He referred to a previous incident with Mrs. Martinez regarding the hiring of a Policeman, and her statement that she didn't like the Chief making more money than she did and he was then harrassed so much he was fired. Mr. Wargo stated that when the rumor went around when he was on Council that they would fire Connie Martinez, about 70 employees showed up to intimidate the Council and it appears the same thing is happening at this meeting. He referred to an individual who approached a Council member on how to vote and the person is working for the City. He noted that he'd been reminded that several Policemen had wanted to talk with him but they couldn't because of a rule and they were indignant. He said it's the same problem allover again. He stated that Council should run this City to their best ability and not be intimidated by anybody, and the door swings both ways and anybody that doesn't like it can leave. Chuck Chamberlin, New Smyrna Beach, employee of Public Works Department of Edge- water, stated he's the employees' Association representative. He stated he's sat at the bargaining table with Connie Martinez in negotiations and they've had differences of opinion, but his personal opinion is she is doing an outstanding job in the capacity she holds and has received awards for that, and she was told by higher officials to do something and then is chastised by Council and citizens. Phyllis Woodard, 25-year resident, stated it's rumored allover the City they're out for a witch hunt and will have a 3-2 vote. She said she's agreed and dis- agreed with Connie Martinez, and she's been in the business for years and experi- ence can payoff over those who get a B.A. or Master's, or whatever. Mrs. Woodard stated that rumors are the gentleman who instigated the petition, Bill Klein, may get this position, and she asked if people would have signed it if that were the case. Mayor Baugh stated for the record that in no way has he ever, or will he, consider Mr. Klein for that position of City Manager. He added a lot has been said and he talked nothing about the position of City Manager and he doesn't feel at this time he would consider him for it as they need to go for a professional City Manager through the State Association and nationwide if they have to. Mrs. Woodard asked how much more a City Manager could do than Connie Martinez. Mayor Baugh replied that later on he'll be happy to reply to her. Mrs. Woodard stated she just had her street paved and is paying monthly and is happy because whe was tired of eating dust. She pointed out that the Charter states when action is taken without going to a vote, such as when Florida Shores was incorporated, the City must maintain water, sewer, etc., and the citizens didn't vote for Florida Shores to be annexed into the City. Harold Hardester asked to defer his time to item 9.D. (Consideration and action on Resolutions 87-R-16 and 84-R-60). Mayor Baugh asked for Council objections and there were none. Bill Klein, 2910 Needle Palm, stated he was highly upset when reading the papers. He said he did what was needed as one individual and didn't do it alone as many people assisted h~m. He said he has no intention of ever making application for the City Manager job at this time or any other time and wouldn't accept the job if offered to him. He told Councilman Asting that he didn't talk to any Council member concerning any job. Councilman Asting said he's glad to hear that. Mr. Klein said he was never approached by them but has received phone calls and been approached on the streets but he will not now, or in the future, make application. Mr. Klein referred to mail sent to him regarding a seminar, which upset him. He asked if he could defer time to items 9.A. and B. (City Manager items). Mayor Baugh asked for Council objections and there were none. -3- Council Regular Meeting Minutes February 10, 1988 I o o MISCELLANEOUS (Continued) - Dominick Fazzone, 302 Paradise, Shangri-La Village, stated he's been here 3~ years and has come to know many officials of Council, and they've had problems with Shangri-La with flooding on paved streets with sewers and retention ponds. He said he has talked with Connie Martinez and at all times City Hall has been open to him. He said he's had cooperation from the Mayor, the City Attorney, Councilman Asting, Councilman Rotundo and the Engineer hired on a part time basis. He thanked the staff and Connie and the Police Chief regarding problems concerning dogs and other items. Tom Sheridan, Florida Shores, stated he heard the discussion between Councilman Asting and Norman Billups regarding the reason they stopped paving and he wasn't aware of the reason and he's around City Hall a lot. Councilman Asting pointed out it was done in a public meeting about June of 1986. Mr. Sheridan asked if they have to attend meetings to get the information and Councilman Asting replied it's a public forum when City administrative matters are discussed. Mr. Sheridan questioned why the reporters didn't publicize it since they were there. Mr. Sheridan stated that Bill Klein had a lot of help and he was part of it. He said the City has a 6~ million dollar budget and it cannot be run by amateurs. He said money is pouring out with nothing constructive and they need professional help and need it now and the longer they continue with amateurs running the City government, the more taxes will increase. He said people want Council to do the job they were elected to do and they got the message with the referendum vote. Frank Opal, Florida Shores, stated the vote on February 2nd was a devastating reflection on what the people want and don't want. He referred to a previous Councilman whose wife is dead now but came to meetings drunk. He said workers and staff should live in the City. He added they pay taxes and somebody else benefits. He said the increase of 24% in taxes over the last two years was deliberately perpetrated by half a handful of Council. Mr. Opal stated the name for the recreational park on Roberts Road in the flood plain area is called the Swamp Land Park and it should be buried in the cemetery. , Mr. Opal referred to a rumor about Connie Martinez and Dennis Fischer arranging a meeting and talking to some new engineer they have in mind. He asked her if that's true. City Clerk Martinez replied she has no idea what he's talking about. Mr. Opal stated sometimes he finds out rumors are true. Mayor Baugh called the time limit. Fred Plante, 3042 Woodland, stated he's been a realtor here for l~ years and when his wife called in, they got a reply that they'll pave streets after sewer. He added that they, and the City, don't want to spend money. He said he'd heard that the City's Department Heads must live in the City, and everyone on Council, and Police, and they should realize it doesn't matter if a man lives in California if he can make his duty hours that are required. He added the second in command should be able to take charge until the man gets here, and they should keep what they have as public safety is needed. He asked what they're trying to push through, and suggested they let the Department Heads live where they want for public safety and do their job properly. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Prater stated that Monday, February 8, 1988, the Council called a Special Meeting regarding screening applicants for Public Works Superintendent and a Planner. He said he was handed a paper with a list of names for Planner from different towns with different prices, but they all lis tone job and it's from $22,000 to $40,000. He said they did some screening and picked out five applicants for Public Works. He added they talked about combining three jobs together to save the City money, but after looking it over he has a problem with it because the figure is for only one job and it would be three times the $30,000, or $90,000, if the man handles three jobs. Councilman Prater moved to reconsider action taken by the City Council at the Special Meeting February 8, 1988, reference consideration of grouping engineer, planning, and Department Heads. Councilman Mitchum seconded the motion. Mayor Baugh reviewed his request to Terry Wadsworth for this information and noted that after careful consideration, he thinks it will cost more money in the long run because a man wearing three hats can't possibly do the job effectively. Motion CARRIED 3-2. Councilmen Rotundo and Asting voted NO. -4- Council Regular Meeting Minutes February 10, 1988 u o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - City Council Reports (Continued) - Mayor Baugh recommended they have a Special Meeting to interview the five candidates for Public Works Superintendent. Councilman Prater moved to repeal actions taken by City Council at the Special Meeting Monday, February 8, 1988, reference to consideration of grouping engineers, planning, and Department Heads. Councilman Mitchum seconded the motion. Motion CARRIED 3-2. Councilmen Rotundo and Asting voted NO. Councilman Prater clarified his prior motion was to reconsider. Mayor Baugh suggested they set a date to interview the candidates, perhaps Monday, February 22nd at 7:00 P.M to interview the five candidates for Public Works and include two applicants for Planner. Councilman Mitchum stated they should table that part until after the special meeting on the 17th on Miss Plaskett. Mayor Baugh pointed out it would be after the 17th meeting. Councilman Mitchum said that's pending and those applications may not enter into the job. Mayor Baugh noted this was advertised for Planner and that was Assistant Planner. Councilman Mitchum suggested they re-advertise since they only got two applications and he moved they reject that portion and re-advertise. City Attorney Alvarez noted they shouldn't reject the applications. Councilman Mitchum agreed. Councilman Prater seconded the motion. Motion CARRIED 5-0. Councilman Prater stated those will not be included on the 22nd and Mayor Baugh agreed it would just be Public Works. Councilman Mitchum stated that anytime there's change, people get upset with their way of life being changed and he commends the City employees for their loyalty and reminded them the chance to voice their opinions of the form of government has passed and on February 2nd, by an overwhelming majority, all three referendums passed and the City Manager passed 4 to 1. He noted that Council and the City employees work for the people that passed the referendum. He suggested they all work together in close harmony and make a better City in the direction they're mandated to go and let the rumor mill be put to rest, as only facts are true. City Attorney Reports - City Attorney Alvarez stated the performance bond on the Radnor Subdivision has been reviewed and he'd like to add to the document language: "at the end of one year or upon the completion of the improvements, those improvements, and i.e., the bond, will be subject to approval of the appropriate City official." He said it might be the City Engineer, or improvements pertaining to water and sewer, and that "if the improvements are not completed within the year which is to turn for the bond, then the bond will remain in effect until such time as the improvements are completed." He added that when the document is amended, it should be sent to Council for review. Mayor Baugh noted that it's not an agenda item. City Attorney Alvarez explained he talked to the other attorney for Radnor and it was the intent to bring it to Council, but before coming to Council, to have comments from the auditors and City Engineer. He added that he wants Council to review it because it's all they have to insure the improvements, roads and sewer lines and water lines and any other improvement required by the subdivision ordinance are in place before the lots are sold. Mayor Baugh asked if this will hold them up and City Attorney Alvarez replied he'll ask them and he asked Council to review copies of these documents and if there are any comments to let him know in the next couple of days. City Council Reports - Mayor Baugh stated he asked the City Clerk to do evaluations of Department Heads and they're completed and she'll pass them out this evening as he'd like to re-evaluate the Department Heads per the evaluations submitted by the City Clerk. He asked that each Council member review them and he'll set a date to re-evaluate the Department Heads. City Clerk Martinez pointed out she was told to hold them until he talked with Council and Mayor Baugh asked they be passed out the next day. Mayor Baugh stated they have two bills in the packet from Dyer, Riddle,Mills & Precourt regarding the CIP. City Clerk Martinez submitted a third bill to him. Mayor Baugh stated he wanted Council to be aware of this and wants their approval before paying these. He noted the third bill just handed to him was for $464.46 regarding stormwater and the others have to do with water-wastewater CIP and the water distribution system. He asked for a motion from Council to pay these bills. Councilman Prater so moved. Councilman Rotundo seconded the motion. Councilman Mitchum asked if these are under contract and Mayor Baugh replied yes. Motion CARRIED 5-0. -5- Council Regular Meeting Minutes February 10, 1988 o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) - City Council Reports (Continued) - Mayor Baugh stated they have the final bill from Marshall Engineers. City Clerk Martinez read the February 2, 1988, letter from Mr. Frank E. Marshall, III, to Mr. Terry A. Wadsworth, Utilities Superintendent, advising that was the final bill for their work performed. City Clerk Reports - City Clerk Martinez stated there's a memo from Renee Vecchi requesting maternity leave and the calendar is attached plus a copy of the labor agreement that sets up maternity leave. She said she's requesting leave of absence after exhausting her vacation and personal time effective February 24th. Councilman Asting moved they grant the request. Councilman Prater seconded the motion. Motion CARRIED 5-0. Parks and Recreation Board's request that Council select a name for park on Roberts Road from five (5) recommended by them - Mayor Baugh suggested they each write down a choice and give it to the City Clerk and the one with the most votes will be the winner. (Names recommended by the Board were: Whistle Stop Park; Indian Trail Park; Hawks Memorial Park; Roberts Road Recreational Park; and Edgewater Family Park). Mayor Baugh announced that there were two votes for Whistle Stop Park and only one for others so it will be named Whistle Stop Park. JoAnne Sikes stated they have nothing in the City left except Hawks Park Club named after the founder of the community and she asked they reconsider and name it after Dr. Hawks. Mayor Baugh said that's the wish of Council that it be named Whistle Stop Park. Mayor Baugh opened the envelope to see who submitted the name and announced it was Rachel Neubert, 2933 Orange Tree Drive. Mayor Baugh requested a motion to accept the name for the park on Roberts Road. Tom Sheridan stated people are trying to make something out of this and to hang a name like this on a valuable piece of property has no class at all, and they should reconsider. Mayor Baugh asked if Council wants to reconsider and Councilman Prater replied he does. Councilman Asting said he likes JoAnne Sikes' suggestion to name it after the founder. An unidentified lady in the audience called out that it's not in Hawks Park. Councilman Prater agreed and said they already have a Hawks Park. Councilman Mitchum pointed out they made the decision and announced the winner. Mayor Baugh requested a motion from Council and Councilman Mitchum so moved. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. COMMUNICATIONS Dyer, Riddle, Mills & Precourt, Inc.re: establishing procedure for CIP work order approval - Ron Ferland, Project Manager, stated they're trying to set up a frame work for CIP, and at previous meetings they got approval to design and define, but to effectively do it, he's proposing they do a work order system. He said they initially have five work orders that detail the project, water dis- tribution system master plan with an upset limit to meet that objective. He added if this is acceptable, he'd like to continue using this procedure for the remainder of the CIP work. He pointed out the first three items are ongoing and they've invoiced some of the work associated with them, the water distri- bution they discussed at the earlier workshop, the second was soil borings for Florida Shores which were discussed earlier, and third is the wastewater grant planning phase. He noted they've worked on the grant about a year and have to submit a planning document to Federal EPA and State DER so they can authorize grant funds. He stated the other two projects will be the stormwater master plan with a computer simulation and the other is the Florida Shores wastewater collection and transmission system design. He said the total to do it all from A to Z for Florida Shores is about $356,000 for the design of all the waste- water collection and transmission facilities, but they don't have the funds available and the bonding has not been done yet. He proposed they segment the project into three phases, one for design and two and three after the bonding and financing plan is in place. He added they need to get started to meet the December, 1988, construction time frame. -6- Council Regular Meeting Minutes February 10, 1988 o o COMMUNICATIONS (Continued) - Dyer, Riddle, Mills & Precourt, Inc. re: establishing procedure for CIP work order approval (Continued) - Councilman Rotundo asked what fund the money will come from and if it will reimburse that fund when they get the bond. Mr. Ferland replied the money can be reimbursed and if it's the water system, it should come from that utility, and wastewater should come from the waste- water fund, and in the future they may have a stormwater utility if Council decides to establish a stormwater utility. He added they'll have to size the bonds to reimburse. Mayor Baugh asked if he's recommending a meeting with Council and Mr. Ferland noted Council just got the information this date and he could be at another Council meeting or meet with a representative, but they want to know if Council wants them to proceed this way. He added they'll need a work order for items 4 and 5 or a resolution or whatever Council wants to do to proceed without a time delay. Mayor Baugh stated Council has to make the decision on a direction they're going for CIP and suggested they set it up for 6 P.M. before a regular meeting. Mr. Ferland stated the next workshop is March 7th to discuss the stormwater utility technical presentation. Mayor Baugh suggested they discuss this at the same meeting and Mr. Ferland agreed. No Council member expressed an objection to this schedule. Bill Klein, Florida Shores, asked when the payment would start for these work orders. Mayor Baugh replied when the work is done. Mr. Klein asked if they've looked into the money that's been taken from the sewer trust fund and used and transferred to the water trust fund, and how much it involves. He asked the total engineering fees for short term expansion of the water plant also. He said they're talking $350,000 and asked that they be careful in what they're doing as a Council. He said they're going through the State Attorney, but Council twice employed these people and he wonders if they realize how much they've spent in the last two years with the engineer they hired and dismissed from New Smyrna Beach. He stated it's in excess of $250,00 to Dyer, Riddle in the last two years and in excess of $170,000 to Frank Marshall in New Smyrna Beach. Mayor Baugh stated that when the ClP gets going, the work from the engineers to this point will be very useful and they have to spend the money to get to that point. Mr. Klein asked that Council be careful with money they're spending because there's been an excessive amount spent that wasn't in the long range plan and they need to go down a long range plan. Mayor Baugh stated they're doing that with the CIP. Mr. Klein stated he went through the letters from the State and County Health Departments and Councilman Asting said they're mandated. Councilman Asting noted that they suggested it be done and did not mandate it. Mr. Klein stated they recommended the City investigate the feasibility of providing sewers and/or stormwater drainage to Florida Shores. Councilman Asting asked Mr. Klein if he'd ignore a recommendation from the Department of Health, or does he know more than they do. Mr. Klein replied he doesn't know more than they do, but he knows what the letters say. James Richardson, New Smyrna Beach Lions Club, request for ad re: Miss Southeast Volusia contest - Mr. Richardson stated that the New Smyrna Beach Lions Club sponsors the Miss Southeast Volusia contest every year and this year quite a few places went out of business and changed hands and it costs money to put this on. He asked Council to take a full page ad. Mayor Baugh asked the cost and Mr. Richardson replied $75. for the inside full page and it would be in the front or back. Councilman Prater asked if they took an ad last year and Mr. Richardson replied no, this is the first year he approached them. Councilman Prater moved they go ahead with the full page. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. City Clerk Martinez advised Mr. Richardson he'd be called when it's ready. Mr. Richardson requested some type of poster be provided. -7- Council Regular Meeting Minutes February 10, 1988 o o COMMUNICATIONS (Continued) - New Smyrna Beach Rotary Club's request for carnival at Florida Shores Plaza March 18-28, 1988 - Chet Boyce, Secretary, stated they submitted the letter and have permission from the shopping center and a certificate of insurance for this carnival. Councilman Asting moved they grant the request. Mayor Baugh pointed out there are different dates on the letter and the certificate. Mr. Boyce stated it starts on a Friday and goes through the 26th, and it was typed wrong on the letter. Mayor Baugh asked if the City Attorney has any problems with this. Councilman Rotundo seconded the motion. Councilman Prater asked Chief Schumaker if this will create a lot of overtime pay for the City. Chief Schumaker replied for the last la-day carnival they responded to 12 calls for service for fights and lost persons and after the carnival was over, they found a l6-year old girl in Broward County but the 12 calls were not extraordinary. He added they used 37.5 manhours for the last carnival. Mayor Baugh asked if there was a problem with rowdyness or traffic. Chief Schumaker replied they made 5 arrests and 3 were fights, and it cost the City 37.5 times the Police officer's salary. Councilman Rotundo asked where the profits go and Mr. Boyce replied they support two scholarships and donate money to needy causes and nobody in Rotary makes any money. He added that the members man the ticket booths and he's been at every shift change, and he talks to them about maintaining certain standards with no drugs or anything. Chief Schumaker agreed it wasn't a bad carnival and 12 calls in 10 days was within reason. Motion CARRIED 5-0. Harold Hardester, Pelican Cove West, stated he's not against Rotary's having a carnival but doesn't like it in his neighborhood. He said they sleep under the trucks with sleeping bags and leave their booze bottles and six-packs out. He suggested if New Smyrna Beach is having it they have it at Wal-Mart or K-Mart. Mayor Baugh stated he talked with the City Attorney about this and Council could reconsider. He asked if they considered a location in New Smyrna Beach. Mr. Boyce replied that all the centers are privately owned and Florida Shores has the parking requirements and Donnie Williams, who manages it, is a member of their group. Mayor Baugh stated that several people are dissatisfied with the carnival being there and if they have a problem, he'd like to see it from administration or the Chief that there was a problem or a recommendation about it. Mr. Boyce stated he'll be glad to work with the Chief and if he feels it's the overtime, they'll see about reimbursing the City. Councilman Prater stated he felt they should reconsider. Mr. Boyce noted that he's donated his time all his life and this will be the first time that he ever went before a board and was turned down, and he thinks the majority of the people in the neighborhood will not think there was a problem. He again pointed out they are a service club and the money goes to charities in the area and nobody makes anything. He referred to various activites held in New Smyrna Beach and asked that Council maintain their permission and if there's a problem, talk to them the next time, but give them one more chance. Norman Billups stated he thinks the Police Chief wrote and had published a much needed letter alerting the citizens to the effect that carnivals can have hangers on who don't leave with the carnival and most have questionable repu- tations and break in and steal in the community. He asked that a study be made of how many break-ins resulted in the Florida Shores area around carnival time. Chief Schumaker stated he takes no credit for the letter because he didn't write it but he doesn't disagree, but there's no appreciable amount of break-ins with this particular carnival last October. Mr. Billups stated he's not criticizing the Chief and thinks he's doing a good job but someone wrote the letter. Chief Schumaker noted that it may have come from the Detective bureau because Officer Hoina works with juveniles but it should have come out under his signature. Mayor Baugh asked City Attorney Alvarez for comments. City Attorney Alvarez stated they're asked to make a decision based on one letter of request and a copy of the binder and no policy but an agreement to provide payments between the two parties, and they should have comments from the Police Department, from engineering, are there sanitary facilities, will they have security, and if the City will be named in the policy as insured. Mr. Boyce pointed out it was handled this way before and the certificate of insurance will be made out to the City and will be in hand before the carnival is set up, as before. -8- Council Regular Meeting Minutes February la, 1988 o o COMMUNICATIONS (Continued) - New Smyrna Beach Rotary Club's request for carnival at Florida Shores Plaza March 18-28, 1988 (Continued) - City Attorney Alvarez asked if there's time to give this more thought and Mr. Boyce replied that he didn't anticipate a problem and they already have a contract. City Attorney Alvarez suggested there should be certain measures undertaken to make the carnival safer and more enjoyable and diminish any exposure the City has. Mr. Boyce pointed out all the equipment is State inspected. City Attorney Alvarez commented on the impact of a large group of individuals converging on the area would be, and said he's not advocating approval or denial but to look further into it and come to an understanding. Mr. Boyce asked what type of security he's referring to and City Attorney Alvarez replied security in general, and referred to an instance regarding a Police officer involved in preventing a fight and getting hurt and who would be responsible for paying workers' compensation. Mr. Boyce stated he'd never had this happen and he always felt the cities and states offered Police services to the public and they're covered by insurance. Mayor Baugh asked if this is the same carnival and Mr. Boyce replied no, it's the one they had three years ago with portable condos on the southeast corner of the parking lot. He added that he thinks it's the best carnival they ever had. City Attorney Alvarez asked the track record for Myers and Mr. Boyce replied very good, and they've run all summers in New York City. Mr. Boyce added they'll have 3 or 4 Rotary people to man the ticket booths at all times and will mingle around to watch for problems. City Attorney Alvarez stated the certificate of insurance has Florida Shores Plaza as additional insured and the City is only referred to in the body of the certificate. He asked why the City wasn't named as additional insured. Mr. Boyce replied that he'll ask them to put that on there. City Attorney Alvarez agreed that would make him more comfortable from a liability point of view, and he asked Chief Schumaker if he needs time to look into it or if he feels comfort- able with it. Chief Schumaker said he asked questions at the last carnival but felt it was going to go on and they'd provide Police services, but he could make some checks on the carnival in cities where they were before but it's hard to anticipate it will happen the same here as before. He added that 10 days seems like a long time for a carnival and Mayor Baugh pointed out they changed it to 8 days. Chief Schumaker said he'll do whatever the citizens want and provide whatever services they have to and can look into the backgrounds and bring an answer if it's viable for the City. Mr. Boyce asked if they can make it subject to the Chief's finding any problems and City Attorney Alvarez added security and flow of traffic. Chief Schumaker commented on prior experience when a carnival came into a community and off-duty Police officers were hired and paid by the carnival. He pointed out it's hard to assign regular patrols for detail. Mr. Boyce stated that if they feel they should be reimbursed, he'll take it up with the Board of Directors. City Attorney Alvarez agreed that off-duty Police sounds like an excellent idea. Mr. Boyce said he didn't feel it's necessary except on Fridays and Saturdays as it's not that busy. Chief Schumaker agreed. Mr. Boyce suggested they leave it that if the Chief mandates it's necessary, he'll pay the bill if there are excess costs and will pay it out of his own pocket if necessary. Councilman Prater stated they should deny the request. Mayor Baugh asked if they want to leave it with that understanding, or they can reconsider it as the City Attorney advised they could do. Councilman Prater moved they reconsider this. Councilman Prater seconded the motion. Motion DID NOT CARRY 2-3. Councilman Rotundo, Councilman Asting, and Mayor Baugh voted NO. (See next paragraphre: voting) Mayor Baugh stated this is very worthwhile and they'd granted 5-0 the permission to do this and requested Council put a condition on it subject to the approval of the Police Chief to look into this carnival to see what problems they had. City Attorney Alvarez suggested they reconsider and restate the motion.as a new motion. Mayor Baugh stated the City Attorney says the motion was to reconsider and not to deny so he changes his vote to yes to reconsider. Motion would then CARRY 3-2 with Councilman Rotundo and Councilman Asting voting NO. -9- Council Regular Meeting Minutes February 10, 1988 o o COMMUNICATIONS (Continued) - New Smyrna Beach Rotary Club's request for carnival at Florida Shores Plaza March 18-28, 1988 (Continued) - Councilman Rotundo moved to grant the request and the Police Chief will investigate all avenues so it will be compatible for all others concerned. City Attorney Alvarez suggested they add the City as additional insured and Councilman Rotundo agreed. Councilman Asting seconded the motion. Motion CARRIED 3-2. Councilman Prater and Councilman Mitchum voted NO. Mayor Baugh stated he voted yes because he's been a member of Edgewater Rotary for about six years and knows what's done for the people and the scholarships go to Edgewater and New Smyrna Beach children going to college. He added there were minimal problems at the last one per the Chief and this carnival is one of the best. L. Jane Lott - complaint re: City ordinance violation, parking in fire lane at Florida Shores Plaza - City Clerk Martinez read the February 1, 1988, letter from Ms. Lott and the February 5, 1988 reply to her from Chief Schumaker. Councilman Prater questioned why the Police officer didn't ask the driver in the car to move out of the fire lane. He noted he's never seen anyone ticketed in the handicapped area and car after car pulls into those spots and then they walk to the stores. Jim Inman, Florida Shores, stated the lady parked in a fire lane and he believes the curb is painted yellow and if she doesn't know the laws of Florida, she should go to the Drivers' License Bureau and get a book. He added that sitting in a car or not, he's issued illegal parking citations, and the officer has the authority to issue that citation. Councilman Prater said the curb was painted yellow but people park in front of City Hall at the painted line. Councilman Prater and Mr. Inman discussed the area in front of City Hall. Larry Perkins, Chairman, Edgewater Cystic Fibrosis Support Group, re: Hall of Fame Honor Roll plaque - Mr. Perkins stated that the people that were present had to go home due to the late hour and he'll plan to do it on March 7th when they have the proclamation and unveil it then. ORDINANCES AND RESOLUTIONS Ord. 88-0-8 Creating a land development and regulatory agency - City Attorney Alvarez read this Ordinance. ORD. 88-0-8 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, CREATING A LAND DEVELOPMENT & REGULATORY AGENCY; BY PRO- VIDING FOR THE MEMBERSHIP OF SAID AGENCY; BY PROVIDING FOR REMOVAL FROM OFFICE AND VACANCIES; BY PROVIDING FOR OFFICERS AND EMPLOYEES OF SAID AGENCY; BY PRO- VIDING FOR RULES OF PROCEDURE FOR SAID AGENCY; BY PROVIDING FOR POWERS AND DUTIES OF SAID AGENCY AND THAT THE AGENCY IS DESIGNATED AS BOTH THE LOCAL PLANNING AGENCY AND LAND DEVELOPMENT & REGULATORY AGENCY IN ACCORDANCE WITH SECTION 163.316; ET SEQ. FLORIDA STATUTES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He stated this is first reading. Councilman Mitchum moved they adopt Ordinance 88-0-8. Councilman Prater seconded the motion. Motion CARRIED 5-0. Res. 88-R-10 Amending Amendment No.4, Dyer, Riddle, Mills & Precourt, Inc. increasing project compensation from $17,870 to $25,370, western wellfield expansion project - City Attorney Alvarez read this Resolution. RES. 88-R-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING AN INCREASE ON THE PROJECT COMPENSATION OF AMENDMENT NO. 4 WITH DYER, RIDDLE, MILLS & PRECOURT, INC. FROM $17,870. TO $25,370.; REPEALING ALL RESOLUTIONS, OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Prater moved they adopt Resolution 88-R-10. Councilman Rotundo seconded the motion. Motion CARRIED 4-1. Councilman Asting voted NO. Mayor Baugh called a 5-minute recess at 9:10 P.M. He called the meeting back to order at 9:30 P.M. UNFINISHED BUSINESS There was no Unfinished Busin~ss brought up at this meeting. -10- Council Regular Meeting Minutes February 10, 1988 o o NEW BUSINESS Consideration and action on City Manager selection and appointment - Councilman Asting stated he'd like the City Clerk to prepare a request to City Managers in the County to see what qualifications a City Manager should have and in the same letter ask if they'd be willing to serve on a screening board for applications the City receives. He added a job description can be prepared from the replies to the letter and then they can advertise for a City Manager. He said if they go to professional people, they'll get professional responses. Councilman Mitchum stated he'd like to see the City Attorney draw up the ordinance for this and also get with the City Managers Association or International City Managers and write a job description for the City, and he made that a motion. Mayor Baugh asked that he wait for other comments. Mayor Baugh stated it's imperative they get with the City Managers Association and he knows there's one in Winter Park or Orlando. He said he agrees with Councilman Mithcum that they should go to the Attorney to get the recommendations from the professional City Manager Association. Councilman Mitchum so moved. Councilman Prater seconded the motion. City Attorney Alvarez clarified that based on the outcome of the referendum, if Council wishes to institute a City Manager, they must do so through an ordinance and that ordinance will set forth the terms and conditions of employment and powers and duties. He noted they have to have the ordinance in place before appointing a City Manager so they can tell the potential candidates the details. He pointed out Council has a great deal of flexibility as opposed to the Charter which lays out specifically terms and conditions and powers and responsibilities. He added it can be a strong City Manager or one more responsive to Council. He said any ordinance will be a basic document that Council will then at a special meeting work out details. He suggested they start with the standard powers and duties of City Managers contained in just any charter involving this form of government, and then set forth terms and conditions that will establish salary, benefits, etc. City Attorney Alvarez stated that in conjunction with Amendment no. 2, and the intent on voter performance approval doesn't constitute an automatic dismissal after the elections, the terms and conditions should spell out what will happen in terms of procedures in case a majority vote at election indicates the people aren't happy with the performance of the City Manager. He again said it doesn't mean the City Manager is terminated but that the Council is put on notice that at least 51% of the individuals voting are not happy and there's a lack of effective- ness. He said the procedures will be the Council will call a hearing to ascertain if there's cause behind the unhappiness and what steps are to be taken to eliminate it, i.e., if the decision is one that the Manager has made recommendations that are unpopular but Council acceptsthemandis willing to follow the recommendations, then there should be no reason for the Manager to be disturbed. He pointed out this will prevent the situation that existed in 1982 with a change of Council because of the popular unhappiness with the City Manager at that time. He added the terms and conditions of the ordinance will provide protection just as a Council member is subject to a recall of the people, the City Manager is not subject to that but the people should have the opportunity to tell Council they aren't happy and find out what's going on. City Attorney Alvarez noted that the City Manager is ultimately responsible to the people of the City and works for them and not for Council. Mayor Baugh added it's the will of the Council. City Attorney Alvarez stated they all work for the people and they're not a private business. City Attorney Alvarez said hiring should be through a professional organization that's able to provide Council with professional advice regarding the qualifi- cations, such as when the Police Chief went through the Police assessment board. He added that he's not suggesting any specific organization. Mayor Baugh said that New Smyrna Beach went through a City Managers Association in Winter Park and they made a recommendation on so many individuals for Council to interview. City Attorney Alvarez said they can contact several groups such as that. Mayor Baugh asked the time frame and City Attorney Alvarez replied he didn't think it would take that much longer to contact 3 or 4 organizations and he'll follow that procedure if directed to do it. Motion CARRIED 5-0. -11- Council Regular Meeting Minutes February 10, 1988 o o NEW BUSINESS (Continued) Consideration and action on City Manager selection and appointment(Continued) - City Attorney Alvarez stated he'll contact the Mayor to call special meetings on the basis of the first items to review and approve what will be sent out and the organizations that will be involved in preparing the profile of a City Manager. He added that the professionals should be able to determine the type of City Manager needed for this community when looking at the demographic, geo- graphic, growth, etc., points. Bill Klein stated 30% of the voters expressed dissatisfaction with the way the administration in this City is run and the 30% was a larger percentage than they had for the election of Mayor and Councilmen. He added the people are betting this won't be in place before November or December and the City should hurry the situation up as much as they can. Phyllis Woodard said he's not representing all the voters and she's not saying she's dissatisfied with the administration, as she's not. Consideration and action on voters' performance and evaluation of City Manager - This item was included under the prior subject. (Page 11 of these minutes) Consideration and action on residency requirement - City Attorney Alvarez stated he'd like to research this matter and then Council will have to deal with it based on present conditions in the City at the time. Mayor Baugh requested a motion that the Attorney research this and bring a recommendation or finding back to Council. Councilman Prater so moved. Councilman Mitchum seconded the motion. Motion CARRIED 3-2. Councilman Rotundo and Councilman Asting voted NO. Chief Schumaker stated he's affected by this inapersonal and financial way and asked that the City Attorney keep in mind that Department Heads were never included on the original petition that was signed by the citizens but was added by the Mayor who said a lot of people called him. He suggested the possibility the referendum may be flawed in regard to that Department Head residencey to the effect that putting an addendum on the petition regarding Department Heads should have been a separate issue on the ballot. A reporter from the audience asked about the vote on the second item and was advised by Mayor Baugh they were combined previously. Consideration and action on Resolutions 87-R-16 and 84-R-60 - Councilman Mitchum stated that over the last few months he's not been totally satisfied with the way administration is running and has questions in his mind and some brought up by citizens referring to Connie Martinez. He asked Mayor Baugh how things have been going over the last few months in City Hall since he was appointed by Council to be her supervisor. Mayor Baugh replied he's been informed of a lot more things and it's not as it was in the past when he didn't know what was going on, and one item was an accident involving a Police vehicle and he was told they don't tell him everthing. He added that as recently as two days ago he was told he doesn't make decisions on everything and Pat DiLeva was there. He said he's asked several times what goes to what department and was told whatever department he thinks, and that was over the past 3 or 4 months. He said he received some information and some he didn't receive and there were meetings with individuals he knew nothing about and still doesn't know about them. Councilman Mitchum said there have been some charges brought up, and he's not placing blame, but some administrative procedures with Lynne Plaskett and Ron Austin and some discrepancies in the Building Department and Parks and Recreation Department he thinks relate to administration. Councilman Prater stated that everything has been fairly well stated and it has been unsatisfactory. Councilman Asting disagreed with the statements made and said he thinks Connie Martinez did a creditable job administrating the matters of the City and super- vision based on Council's decisions and policies. He said a lot was done that Mrs. Martinez did not receive credit for, and he thinks Mayor Baugh was informed as well as other Council members and he has no complaints. He added he goes once or twice a week to the departments to see if there are any problems and the problems are handled well and Mrs. Martinez deserves credit for acting for the Council. -12- Council Regular Meeting Minutes February 10, 1988 ", . o o r . NEW BUSINESS (Continued) - Consideration and action on Resolutions 87-R-16 and 84-R-60(Continued) - Mayor Baugh stated that perhaps Councilman Asting has information he doesn't, such as Gary Schad of the self-insurance committee and he and Mrs. Martinez met with him and he was to bring back his resignation but he's heard nothing and understands Mr. Schad was in City Hall. City Clerk Martinez stated he came at her request per Alex Kish to final the audit but he didn't bring in his resignation. Mayor Baugh asked if he still has not resigned and City Clerk Martinez replied she didn't discuss it but called him to help Alex Kish with figures for the audit. Councilman Rotundo stated he has no qualms with City Clerk Martinez and he always gets information from her and the Department Heads seem to have a good communication and all the employees in the City. Harold Hardester, Pelican Cove West, asked who would be responsible for daily administrative duties if Resolutions 87-R-16 and 84-R-60 are repealed. Mayor Baugh replied the City Clerk. Mr. Hardester asked who that would be and Mayor Baugh replied he doesn't know as he didn't hear a motion and the resolutions only gave her the authority to take care of these things. Mr. Hardester stated someone has to take care of the duties, and asked who would be responsible for daily administration. Councilman Mitchum replied he'll answer in his motion. Mr. Hardester asked if the Mayor could take on daily administrative duties while they're searching for a City Manager. Mayor Baugh replied he'll do every- thing he can but he does work elsewhere. Mr. Hardester brought up that per the City Charter, the Mayor's position is legislative and not administrative. Mayor Baugh pointed out that's unless directed by Council otherwise and at a previous meeting Council made that motion. Mr. Hardester asked if that's on a temporary basis and Mayor Baugh replied yes. Mr. Hardester questioned if a resolution had been drawn up to that effect. Mayor Baugh said any resolutions would have to be drawn up by the Attorney as a motion of Council. Mr. Hardester questioned what Mrs. Martinez's position and Susan Wadsworth's position would be with the City Manager coming in. Mayor Baugh replied that it's in the Charter there's still a City Clerk and Deputy City Clerk. Mr. Hardester said they could stay in those positions and Mayor Baugh replied yes. Mr. Hardester asked if Mrs. Martinez will still be City Clerk and Susan Wadsworth Deputy City Clerk and Mayor Baugh replied yes, if these two resolutions are rescinded. Councilman Asting questioned who'd handle the other duties above the City Clerk's position if City Clerk Martinez is relieved as administrator as the City Manager hiring will take time. Councilman Mitchum moved that the City Attorney draw up a resolution repealing Resolutions 8~R-16 and 84-R-60 and that due to some discrepancies in City adminis- stration and not placing any guilt with these, but for investigation, Mrs. Martinez be placed on suspension with pay effective immediately and the Mayor has been appointed to assume some administrative work and they have a Deputy City Clerk who would assume the City Clerk's duties at this time, the City Attorney to do a complete investigation over the last few months of the administration of this City. Councilman Prater seconded the motion. Frank Roe said he's not opposed to City Manager and asked if the City Clerk runs this Council. Mayor Baugh replied no. Mr. Roe asked if the City Manager will have as much power as the City Clerk and Mayor Baugh replied yes. Mr. Roe asked Council to consider making Mrs. Martinez the temporary City Manager. Motion CARRIED 3-2. Councilman Rotundo and Councilman Asting voted NO. ADJOURN Mayor Baugh requested a motion to adjourn. Councilman Prater so moved. Councilman Mitchum seconded the motion. Meeting was adjourned at 10:06 P.M. Minutes submitted by: Lura Sue Koser \ p ~ Y'~ p- CITY CL (Acting) AP~e this 7 day of ,",,<L , 19~. :f_-:> 4-- MA ( -13- Council Regular Meeting Minutes February 10, 1988