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01-22-1979 - Regular ~ Q i@ J7.s:P:!f ,) ,~!t?;... l~ Me. iJ" /iV i.f~ty..,,~~, lP (.':,),' ij'}.;.... ~~ J[J 4/tl? \ e- ,. CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING January 22, 1979 Mayor Robert Christy called the regular meeting of the City Council to order at 7:00 P.M. in the Edgewater Community Center. ROLL CALL Mayor Robert H. Christy Councilman Louis J. Rotundo Councilman David C. Ledbetter Councilman Walter B. Sikes Councilman Neil J. Asting City Attorney Judson Woods City Clerk John Wharton Police Chief Earl Baugh Present Present Present Present Present Present Present Present INVOCATION The invocation was given by Rev. Higgs. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Asting made a motion that the Council adopt the minutes of January 15, 1979 regular Council Meeting. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. BILLS AND ACCOUNTS Councilman Sikes made a motion that the Council approve these bills for payment. Councilman Rotundo seconded the motion. Councilman Rotundo noted that the City had two separate accounts with hardware stores. Mayor Christy said this was two different stores. Councilman Ledbetter asked about the bill from May, Zima for $930. Councilman Asting said that this was a charge for services on the computer. Councilman Sikes asked about the bill for George Hodges. Councilman Asting said that he was the meter reader and often had to use his own car. This was a bill for mileage. Councilman Sikes asked about the bill to Diversified for two radios. Police Chief Baugh said that this was for two Regency radios for the Police Dept. so we can use the new system. Upon roll call the motion to pay the bills CARRIED 5-0. COMMUNICATIONS The City Clerk read a. letter from Teleprompter concerning the increase in rates for subscribers. The basic monthly service charges will be raised from $7.50 to $7.95 for primary service and for secondary service from $2.00 to $2.50 effective March 1, 1979. This was a letter of information to the Council. The City Clerk read a letter from the Department of Environmental Regulation concerning the certification of water projects in Edgewater. This is approval for Serial No. WD64-2018B effective July 31,1978. Sabal Pam Dr. 26th to 31st; Royal Palm Dr. 26th to 32nd; Queen Palm Dr. 27th to 30th; Needle Palm Dr. 29th to 31st; Juniper Dr. 22nd to 28th; and Umbrella Tree Dr. 21st to 22nd. I. I .' c- ... ;;: u ~ The City Clerk read a memorandum from Mr. James Murphy regarding nominees for Short School. A request was made for Council approval to send the following nominees to the WjWW Operator's Short Course sponsored by the DER: W. Feeney K. Bosse R. Ru ppert D. Hoover T. Wadsworth The school is to be held in Daytona Beach on February 6, 7 and 8, 1979. The Total course cost to be assumed by the City of Edgewater is $174.00. Councilman Asting asked that this memo be held until he has had a chance to review the nominees that are listed. The City Clerk read a letter from the County of Volusia Department of Public Works concerning the transfer of jurisdiction of bridge inspections to the City of New Smyrna Beach and the City of Edgewater. Mayor Christy and Councilman Ledbetter will study this further and make a report to the Council at a later date. The City Clerk read a letter from the Zoning Board and the Planning Board regarding Home Occupational Licenses. The Boards listed some administrative procedures that should help to clarify some of the problems. Both Boards will study Ord. 972 to determine if any changes should be made in this ordinance concerning Home Occupational Licenses. Councilman Asting made a motion that the Council authorize Richard Diamond to prepare a new application form for licenses to be approved by the Council. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. The City Clerk read a letter from Mr. Frank Opal, Pine Tree Dr. stating that an item in the Sentinel Star,concerning a request by his wife for a public apology from the Council, was a fabrication. Mayor Christy read an exerpt from the minutes of the regular Council Meeting of Jan. 8, 1979 pg. 3 which stated that IIMrs. Opal told the Council she felt they should apologize to her husband.1I Mr. Opal said he did not want any apology from the Counci 1. He said that the Mayor should bring the tape that they listened to in the State Attorney's office and plug it into the loud speaker so that everyone could hear it. The City Clerk read another letter from Mr. Opal regarding people riding horses in the Florida Shores area. He had complained to the Police and was told that there was an ordinance 1-10 which allowed people to ride horseback. Chief Baugh spoke to the Council and said that Ordinance 110 (not 1-10) adopted April, 1956, Sec. 2 states IIno horses may be ridden on public streets.1I However, the ordinance goes on to state that this does not apply to unpaved streets. The Council discussed the possibility of changing this ordinance. ChiefBaugh~s~td~that~this ~as ~-difficult ordinance to enforce. Councilman Sikes asked how many times have the police had complaints or problems with horses in the City. Chief Baugh said that in the three years he has been here they have had problems about four times. It hasn't really been a nuisance but if people know they can ride out in Florida Shores they will probably take advantage of it. Mr. Opal spoke to the Council about a run away horse and the danger to residents of horses in the City. 2 ~ u Q Councilman Asting suggested that the Attorney review the ordinance. Mayor Christy said that a new ordinance pertaining to Animal Control had been presented to the Council and passed on the first reading. It did not pass on the second reading and nothing has been done about it since that time. It should be reviewed again. The City Clerk read a letter from James Murphy tendering his resignation as Utility Director of the City of Edgewater. Mr. Murphy cited certain irregularities which he hoped the City Council would investigate with a view to improving the efficiencv of the City's operation and the morale of City employees. A" copy of Mr. Murphy's letter is"attached to the original minutes of this meeting and the minutes that are posted. Councilman Ledbetter made a motion that the Council accept Mr. Murphy's resignation. Councilman Rotundo seconded the motion. Mayor Christy said that in answer to Mr. Murphy's statement about the old water plant that was to be converted into an office, Mr. Asting has been working very hard to get that building fixed up so it can be used. Mayor Christy also said that they had prepared a space in City Hall for Mr. Murphy and the draftsperson is working there and he thought they were dOing very well. He also said that he did not believe there was any Councilman who had gone and given orders to employees in the department that the Councilman coordinated. He does not agree with Mr. Murphy's statements. Upon roll call the motion to accept the resignation CARRIED 5-0. The City Clerk read a letter from Rev. Hardin regarding the swift and excellent service he had received 1uring a recent illness from the Edgewater Rescue Squad. Councilman Asting made a motion that the Council send a letter of commendation to the Rescue organization. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. COORDINATORS REPORTS At the request of Mayor Christy, the Coordinators Reports are included in the minutes verbatim. Councilman Rotundo: The PBA contract. I have a letter here saying the PBA membership has agreed to ratify the contract. Signed by the representative Officer McEver. Mayor Christy: I believe you all got your contract copies. It was supposed to be delivered to everybody. Do you want to go on with this? Councilman Rotundo: They have accepted the contract for the 10% across the board pay raise for all officers and dispatchers retroactive to January 1, 1979 to September 31 and 10% from Oct. 1, 1979 to Sept. 31, 1980. I make a motion that we accept this contract. Mayor Christy: I have a motion by Mr. Rotundo, do I have a second? Councilman Asting: I second the motion. Mayor Christy: Seconded by Mr. Asting. Question on the motion, Mr. Rotundo. Councilman Rotundo: No questions. Mayor Christy: Mr. Ledbetter. Councilman Ledbetter: Can we go into a 10% increase over the next year without the budget being set? Or promise something that we don't have in hand now? Mr. Woods: I believe we discussed the monetary end of it as being available for a two year contract. 3 ~ o '. Mayor Christy: We did discuss that at our closed meeting. Chief will you come up to the microphone please? Councilman Sikes: It would have to be subject to the budget being approved. Mayor Christy: The Chief has, at the closed meeting, informed us that in his budget he can do this. Is that correct or is that incorrect? Chief Baugh: That is correct. For this year and then next year the budget will be accepted by the Council October first. Councilman Rotundo: This way we can set it up in the budget ahead of time and not wait like we did this year. Mayor Christy: Yes, sir. When you are going on a one year contract, as soon as we get through with this contract we would have to start right in again tomorrow morning starting to negotiate allover. If we go by a two year contract, we know exactly what is to be offered. We've been over this, I know we've had more meetings with these people and we have gone over and over on this contract. Mr. Woods: That is not the question. The question is will the money be available? Mayor Christy: The Chief says he has it in his budget. Chief Baugh: Yes, sir and I would anticipate it next year but I can't say definately that it would be there, Mr. Mayor. I will put it in the budget for next year. It is up to the Council to approve that budget. Mayor Christy: If you don't take the two year contract you are going to sit right down and start it allover again. I would like to bring a point to everybody's mind, we have people working in the police department who are making the same salary that the CETA people start on and I'd like to remind you it is about time these people got something, instead of being left behind. Every year they keep getting promises so lid like to see you think about this. Mr. Woods: It still doesn't solve the problem. Because of the budgeting that was done within the City. You adopt a yearly budget. We can say we can give the 10% increase but we can't guarantee it. Mayor Christy: If you start negotiating right now you are going to negotiate before the contract. We've always been telling them to negotiate before the budget is brought up so we can budget it in. Now we've got the opportunity to do that, are you going to turn it down? Mr. Woods: It is a legal question. Councilman Ledbetter: Can we sit here and pledge money that we haven't collected? It is not even appropriated for the expenditure you want to expend it for. Councilman Rotundo: They do it every day. They have two and three year contracts. Mayor Christy: Yes, sir. Other cities have done that. It seemed to be legal for the other cities. Mr. Woods: Well, it i.s putting me on the spot and I can't answer your question right now. .; Chief Baugh: Mr. Woods, may I ask you a question? For example the copying machine at City Hall is on a lease purchase plan and there is no guarantee that the money for that will be available next year.either, is there? 4 - , , . u u Mr. Woods: The problem is, Earl, if you enter into a contractural arrangement with them and guarantee them the 10% increase beginning next Oct. 1, 1979 through Oct. 1980, we can't guarantee that money. You can't guarantee i.t and this Council can't guarantee it. Mayor Christy: Well, let me ask you this. If we went into negotiations right now and negotiated for now and Oct. the first in order to plan it in our budget, how can we obligate it then? If we are going to go into a contract and sign it? Mr. Woods: You have your budget hearings in July and August for the coming fiscal year and you adopt your budget. Councilman Rotundo: We adopt our budget accordingly, in October. Councilman Sikes: What Jud has said is that we can enter into an intent for a 10% increase for the following year. We can't guarantee it. Mr. Woods: This is what they want, a guarantee of 10%. Councilman Sikes: The same people that will be voting on this tonight will be preparing the budget for the following year. Now, it was brought out in our meeting that the next year's increase would be based on increasing that dollar amount in the budget. Mayor Christy: Let me point out that this is the proposal we gave to them. lid like to bring that point out. We proposed this to them and asked them and in all of our discussions we worked down till we got to this point and then we asked if we did this would you and they brought back their answer. Councilman Rotundo: What do these other cities do? Mr. Woods: Bucky, do they have any multi-year contracts in other cities? Mr. McEver spoke from the back of the room and it was not clear on the tapes. Mr. Woods: Is the PBA willing to accept the contingency that we might not have the money? (Answer not clear.) Mr. Woods: You see the City Clerk has to verify that we have the funds. Mayor Christy: Also, when it comes time to establish the budget the Council does end up doing that don't they? Mr. Woods: There isn't any question about that but you are talking about next year's budgetary items. 11m in complete agreement with the contract but Mr. Ledbetter raised a good point. Mayor Christy: I think we should have thought of that before we got to this point because the night we had our final meeting with the PBA... Councilman Sikes: This was just handed to us at the beginning of this meeting that they had accepted it. When we walked in tonight we didn't know that they had accepted it. Councilman Rotundo: live got a motion on the floor and I want a vote one way or the other. Mayor Christy: I have a motion by Mr. Rotundo, seconded by Mr. Asting. Any other questions, Mr. Ledbetter? Councilman Ledbetter: If the City Clerk certifies that we've got the money for the raises.. Mr. Wharton: No, sir. I told them at the table that this would cost us $10,000. which we haven't got. If we can find it and get 5 . . ~ v it in the budget all right. I think the Chief and you heard me say that. I'm not against the increase. Councilman Rotundo: Well, I tell you one thing, we spent a hell of a lot of time in those meetings for nothing. You were all there and this is a heck of a time to stall right now. Councilman Ledbetter: Mr. Rotundo, there is nobody stalling.. Councilman Rotundo: Yes you are. You were at the meetings and you should have hollered then and there. Why didn't you say something then? That is what the workshop was for. Mayor Christy: It's true, we had the meetings and it should have been brought out then. Councilman Rotundo: Everyone of us should have voiced our opinion at those meetings. Councilman Ledbetter: I had opinions voiced there but they were overrode, Mr. Rotundo if you just want to know the truth now. Councilman Rotundo: Well, I didn't hear you override anything. Councilman Ledbetter: I asked a question so... Councilman Rotundo:..the lawyer was at that meeting also. Mayor Christy: We're going to have to get some kind of an answer. We still haven't gotten a satisfactory answer yet for Mr. Ledbetter. Councilman Sikes: This was discussed that we could take care of the 10% increase with present money that was allowed for salaries in this year's budget. So this year's budget is no problem. There is money in this year's budget and the money has been allowed for salaries to take care of the 10% increase. The question is, our guaranteeing the 10% increase for next year. Now this was discussed and the way we could handle this would be that we would have to put that in the budget that we would figure for 1979-80. The question is that we can't obligate the funds until the budget has been set up and approved. Now that is for the second year but the money that the Chief and Louie figured into their budget could take care of the 10% raise this year based on the amount allotted for salaries. We don't have to certify funds being available for that because that is already covered for this year but it is the next year that we cannot guarantee until we have our budget hearings. Mayor Christy: We should have thought of this when we were discussing this because we ended up giving the proposal to the union after we sat there and argued back and forth about what they wanted and what we wanted. Councilman Sikes: What page does it say about the second year? Mr. Woods: They don't have that in this contract because we don't have the complete contract. It doesn't include the increase in the wages. Councilman Sikes: We could accept the contract then, if we would say there would be an anticipated increase next year based on the budget hearings and the approval of the budget. Mr. Woods: That is correct. Mayor Christy: But that is not the way we presented it to them. This is what I'm stating gentlemen and you know exactly what we had said to them. If we had said it that way to them I would have said yes, all well and good but if we say one thing lets stay with what we say or else we should have corrected it then. It was a proposal we gave to them. . Councilman Sikes: Now we all agreed and discussed that the City would be better in the negotiating to go the two year contract but never did I hear anything about guaranteeing the second year, but we all agreed that that could be worked out in the budget. 6 I I- I u <,) Mayor Christy: What we stated was would'they go along with 10% this year and 10% next year. Is that the way you stated it Mr. Rotundo? We would go for a two year contract and there was discussion back and forth and finally they wanted to go all the way back to October but we said no it would have to be January. Councilman Sikes: We said next year's increase would be taken care of in the budget. Mayor Christy: Right. We discussed about doing it this way because it would keep us from having to start the negotiating all over again and it would still be presented for the budget anyhow. You would still have to present it to the budget. Councilman Sikes: But someone had said here tonight that we were guaranteeing the 10% this year and next year. The money is there for this year but we cannot guarantee next year. Mayor Christy: I don't know what it is if you didn't say weill go for a two year contract 10% and 10%. Councilman Rotundo: There was no word guarantee. Mayor Christy: I donlt remember the word guarantee. Councilman Asting: Suppose we use the word lIintentll. It is the intent of the Council to increase the salary and give them a 10% raise next year as well instead of using the word IIquarantee.1I Mayor Christy: Mr. McEver would you come up to the microphone please? Mr. Woods: I donlt think there is anyway you can do it, Mr. Asting, because of the budgetary limitations that the Council has. Councilman Asting: But if we express an intent. Mayor Christy: Mr. McEver, can I hear what you have to say about this? Mr. McEver: I was under the impression that if the Council was in agreement in the workshop meetings with the proposal that that was your vote. I didn't think you would have to vote on it again, tonight. If we were working with a mediator, I could see the vote tonight but I was under the impression that at a workshop meeting, if you have an agreement among all the Councilmen then the only agreement left would be the ratification by the association. So, 11m puzzled as to what the problem is. Is that right Mr. Woods? Is it an agreement by the Council in a workshop meeting? Mr. Woods: What we are telling you, Bucky, that was a workshop meeting and the Council still has to vote in public to approve the contract. What we are saying is that we can give you the 10% incr~ase from Jan. 1 to Oct. 1, 1979. But they canlt guarantee the 10% from Oct. 1979 through Sept. 1980, because of the way the City is set up on one year appropriations. It is the intent of the Council to honor the agreement by increasing it 10% during the 1979 1980 fiscal to guarantee the increase. Mr. McEver: I can't make a decision for the association. Under the agreement we proposed, a contract is a contract and an intent well, I would have to go back to the membership and .also to the.. Councilman Asting: Mr. McEver, I'd like to ask you a question. Did you hear the Council say guarantee? We intend but I donlt think we used the word guarantee. It is our intention to do this. In other words, we are honor bound as far as I'm concerned next year to go along with the 10% increase for the second year of the contract. I feel that I am honor bound because it was our intent. Mayor Christy: I thought it was my intent to go along with the two- year deal. I thought everybody else felt that way. 7 r I . ~ . ~ Q Councilman Sikes: At the workshop meetings, it was the intent. But, the second year will have to be figured into the budget that will be prepared in July and August. I brought that out. We can't guarantee that. We are obligating next year's Council to a contract. Mayor Christy: Then they can't guarantee you a two-year contract either then. Mr. Woods: They are in a little different position. They are performing a service whereas you are the governing body of the City to set up the budget operations. Councilman Rotundo: This same Council will set the budget for next year. Councilman Asting: Did you use the word IIguaranteell in your motion, Mr. Rotundo? t~ a y 0 r C h r i sty: W 0 u 1 d you r ere a d .y 0 u r mot ion? The mot ion rea d 11th e PBA accepts the contract with the 10% across the board pay increase for all officers and dispatchers retroactive from Jan. 1, 1979 to Sept. 31, 1979 and 10% from Oct. 1, 1979 to Sept. 31,1980. I make a motion that we accept the contract.1I That is the way the motion was read. Now back to Mr. Ledbetter again. Councilman Ledbetter: I just asked the question which I think deserves to be answered because you can't obligate next year's money. Councilman Asting: Could \ole insert the word lIintentll somewhere in your motion, Mr. Rotundo? Mr. McEver: Let me state, Mr. Asting, that even if the word lIintentll is stated, come 1980 the Council can then look upon the contract reading and say well fellas we intended to give you this, but and there is no way I can accept that myself being the union repre- sentative. Mayor Christy: I understand your position exactly. The man is absolutely correct. Mr. Attorney can you give an answer. Mr. Woods: I can give you no more than what is in the Charter. Councilman Sikes: We ended up our workshop meetings and everyone was agreeable that in entering the two-year contract, it would be better for the City. The intentions,and I mentioned that the way we would take care of the second year increase would be to increase the budget enough to take care of it, so I feel that I'm obligated to a point to where I would have to fulfill that agreement that will not come up till July and August and the final approval of the budget at the budget hearings. Mr. McEver: You must realize also that there may be different people on the Council at the time. Mayor Christy: No, when we establish this budget for next year, who you're looking at right now will be establishing the budget. This is the group that will establish the budget for the '79 - '80 year. Mr. McEver: Suppose somebody dies or something? Councilman Rotundo: What are you trying to say, Bucky? Mayor Christy: Well, anything can happen. It's true somebody could. Mr. Woods: You have a motion on the floor. Mayor Christy: Yes, we do have a motion on the floor. It is up to Mr. Ledbetter so far. Councilman Asting: We have some people in the audience who want to speak. Mayor Christy: Let me get the Council first before I go to the floor. I want to get through with all the Council members first. 8 I . v ~ Councilman Rotundo: You got as far as Dave. He asked a question and he never got an answer. Mayor Christy: Well, we are still at this point. All right I will go to Mr. Sikes. Councilman Sikes: It is not to the point where we discuss it. We don't even know whether PBA will accept it or not. We should,with the Attorney knowing the feelings of the Council, let him get back with the negotiators or Bucky or whoever with the PBA and ask them if this would be acceptable and be brought back at next weekls meeting or some later meeting. Then that will be open for discussion. Mr. Woods: I don't think there is any question about the other portions of the contract. We have all been over it before and I couldn't find anything different in the contract than had been in before and live discussed it with Mr. McEver with the exception of a couple of holidays that were left out which we discussed. Mr. McEver: I called you on that. Mr. Woods: Yes. The only hangup is the 10% increase. We can't guarantee it but I think that it is the intent of the Council to make sure that.. Mr. McEver: Possibly we'll just have to, if it is okay with the Council, to go ahead and meet again because I couldn't make that decision. I'm just representing the membership. Mr. Woods: I understand your position. Mayor Christy: I do too and I respect it. Councilman Sikes: Unless the motion is withdrawn, I'll have to vote against it. Mayor Christy: Can we amend the motion and table or make a motion to table it? Mr. Woods: I think you will have to withdraw your motion. Councilman Rotundo: Let Mr. Asting say something. Councilman Asting: Lou, I'm going to withdraw my second until Mr. McEver has a chance to discuss this with his organization or association, PBA. Mayor Christy: Will you withdraw you motion? Councilman Rotundo: 11m going to have to. Mayor Christy: Okay we will withdraw it. Now, would you like to make a motion to table it? Councilman Asting: I would like to ask Mr. McEver to carry to the PBA our intent to honor the agreement for a 10% increase during the next fiscal year. Councilman Sikes: He should get it back to our Attorney it is not in here. Mayor Christy: Yes, Bucky, please be sure you get it back to the Attorney, Friday what your decision~is going to be. I think you have seen the sentiment of each one of us on the Council and I think you know what we feel about the second year. The first year is a positive and the second year, when the time comes for the budgeting, our intent is to have it in the budget. Mr. Asting, you wanted to say something? Councilman Asting: I just wanted to note that some people on the floor wish to speak. Mayor Christy: Let's get this straightened out first before we go into that. Now you have withdrawn, do you want to rephrase your motion to table this until next week? 9 <.) CJ Councilman Sikes: Till a later date. Mayor Christy: Till a later date? Councilman Rotundo: Next week. Mayor Christy: I have a motion from Mr... Councilman Rotundo: Next Monday night. Councilman Asting: 1111 second the motion. Mayor Christy: I have a motion from Mr. Rotundo to table it until Jan. 29, 1979 and I have a second by Mr. Asting. Now, questions on the motion. Mr. Rotundo? Mayor Christy: Mr. Ledbetter Councilman Ledbetter: No questions. Mayor Christy: Mr. Sikes? Councilman Sikes: No questions. Mayor Christy: Mr. Asting? Councilman Asting: No questions. Mayor Christy: Now, the audience. This is on the motion to table. Councilman Rotundo: Let's get the reaction of the people. Mr. Witzig: Can you commit monies from next year? Can you make a commitment for an increase in salary not for this year but for the following year? Mr. Woods: We have already answered that question, we cannot. Mr. Witzig: No, you canlt. Then what is the question on the two- year contract? A contract is a contract. It is legal and binding. It is not if or we intend or we may it's a contract and it is binding, is it not? Mr. Woods: That's correct. Mr. Witzig: So either you can give a two-year contract and commit it or you can't and you give them a year's contract and have it come up again. Mr. Woods: There are items called conditions in contracts though, sir, that you could insert in the contract on the condition that a budget is approved with a 10% increase. They would understand that and that is what live been trying to get across to them. Mr. Witzig: You think they'll understand that? Mr. Woods: 11m sure he does. Mayor Christy: Bucky, do you understand that statement? Mr. Witzig: 11m talking about the members of the Police Dept. do you think they will understand it? Mayor Christy: Do you understand what the Attorney just stated? Mr. McEver who was sitting in the back of the audience indicated that he did not hear the complete statement. Mayor Christy: Will you say that again Mr. Attorney, he didnlt hear it. Mr. Woods: The gentlemen asked about a contractural agreement and I explained to him that we could enter into a contractural agreement with the condition inserted in it that the 10% increase will be applicable if approved by the Council and it would be the intent of - 10 - '-J (J the Council to do so in their budgetary hearings. Do you understand that? Mr. McEver indicated that he did. Mayor Christy: Now, Mr. Gross will you come up please? Walter Gross,(909 Lake Ave.): Mr. Mayor, I just have a question for our Attorney. I think the wording here has been wrong. There are many contracts that are issued every day for a period of up to three years. If that was worded that we were going to give them a 20% increase, 10% this year and 10% next year. Wouldn't that over- come any problems on our budget of next year? The fact that we recognize the 20% as of now to be included in our next year's budget. Mr. Woods: Well, I don't think you could guarantee, Mr. Gross, for one year past your one year budget and I think live answered this about ten times it is right in the Charter. Mr. Gross: Yes, but I didn't hear it that way. I say 20% right now. Mr. Woods: No you could not guarantee.. Mr. Gross: Payable in two years. We buy many things on the installment plan. Mr. Woods: Before you could do that the City Clerk has to say that you have the funds available. Mr. Wharton cannot say that. Mr. Gross: Do we have a contract with the Police Dept. for the amount of men that we should have? Mr. Woods: I don't know what that has to do with it. Mr. Gross: Let's say we had a bad emergency here in the City and our funds were not coming in next year and we couldn't meet that amount of money for the amount of men we have now, could we reduce the force and pay the 10%? Mr. Woods: Yes, sir, you could reduce the force at any time. Mr. Gross: Isn't that another way of doing it? That way we could guarantee 10%. Mr. Woods: You are lining up contingencies that we really arenlt planning on. Mr. Gross: Yes, but we have to do that because we promised something to the Police Dept. and I think they should have it and I think we should say we are going to give them 20% and at least the men working in the Police Dept. can look forward to getting that amount of money. This word lIintentll is not a good word. I say you either do or you don't. I would say that 20%, I think legally and 11m not an Attorney but I would think that....(tape changed) 10% this year and 10% next year. It is done every day in the year. Many, many contracts are signed on a three-year basis on that same wording. Mayor Christy: Thank you Mr. Gross. Next will be Mr. Opal. Mr. Frank Opal (2002 Pine Tree Dr.): Mr. Mayor and City Councilmen, how many people were in on negotiations outside of the PBA here recently? Mayor Christy: The PBA and the Council. Mr. Opal: Negotiations previously, in years gone by. Mayor Christy: I don't know, I haven't sat in on them. Mr. Opal: live been on negotiations many times. Councilman Sikes: All we negotiate is one year at a time. Mr. Opal: live been on one year negotiations and contracts for two years and three years. To specify something, as we do now, 11 I. o o this is not a corporation. A corporation works differently than we do here. We appropriate money here once a year and that is when budget time comes along. How can you negotiate a two-year contract when you know as City Councilmen that you only appropriate a budget for one year? If I was sitting in there, that would be the first thing I would think of. The Attorney has already told you that you cannot appropriate money for next year but why the wording so that you have two years in a row. You are violating the Charter right there. It is illegal to begin with. Councilman Rotundo: How do these other cities do this? Mr. Opal: We don't care about that, these are contracts that you... Councilman Rotundo: Yes, but other cities have contracts the same way with PBA. Mr. Opal: Then they have other agreements or something. We don't have it in this City. You don't have it. I'd be down here negotiating and the first thing I would ask would be how are you going to get the money for next year, you haven't even appropriated it. How can you negotiate something like that? This is the first time live heard about this. If I had known about this a long time ago, I would have advised you. You have known that I have been in negotiations, union negotiations, company negotiations, I've done that many times in years past. Now that's down my alley. I've been through it, but here we're negotiating something .. I agree with the policeman, you tell them 10% and 10% you want to put it in the paper and make it look like they got a 20% increase and they're not. All you are doing is appropriating money for this year and that's all you can do. Table it for one week. What are you going to do next week? Appropriate it for two years? You can't do it. You'd better make some other arrangements. Mr. Dana Armstrong (Cheeta Dr.) I don't want to be critical of any negotiating or any pledges or promises or whatever. I know that you have had several workshop meetings and I do know, that being in your position which I have been, I know that it is very serious to look across the table at people when you are talking about their livelihood, what they are going to take home in money, what they are going to feed their family on, clothe them, send them to school, it really is a serious problem. I would like to ascertain some kind of an answer to one question. In dealing in good faith with those people who we work with and who work for us or we work for them, what happens if either party defaults during an agreement of this type? We are talking about something that's practically new in the State of Florida. Legislation has been passed authorizing municipal or local government employees to be recognized by a local government with the right to an agreement and a business agent to represent them and to negotiate working conditions and wages, salaries, take home money. What happens and who settles it if either party defaults during the period of the contract? Does that go to PERC? Mr. Woods: PERC is brought into the contractural arrangement. They send their people down from Tallahassee. Mr. Armstrong: Compulsory arbitration then on the default. Then I would think that from the Cityls standpoint or from the standpoint of the officials that represent the City, by all means the intent that I heard mentioned a couple of times should certainly be to the utmost of safeguard against any default on the City's part. Basically, the City, in an agreement or contract, would have to have the money in their depository for the purpose for which it is to be expended. Failure to do so, the contract would be null and void according to the special act of legislation of 1951 which has never been changed. That means that we've got to have the money appropriated before we can make an increase. We've got to show if we make an increase during a period of a year that we have sufficient funds obligated to that account to meet the obligation we make. We wouldn't want to default on the Police Dept. in Edgewater and we certainly wouldnlt want the Police Dept. to default against the people, in any respect. A matter of safeguarding against any default being the fact that we do not have the money or we do not have the money appropriated. 12 ~ u Set it aside and be sure, "be certain, because somebody mentioned a while ago that we would have to reduce the force if we didn't have sufficient funds and that is just what PERC would tell you you have to do, cut it in the middle and db th~ best~.you can because that's all the money you got. Be certain, before you come back next week to adopt it. I hope that you can work it out. I don't want to be critical of any agreement that the City and the department makes at all. I'm going to put my utmost confidence in the judgement of the City officials and the acceptance of those people that you are dealing with. Thank you very much. Mayor Christy: Thank you very much, Mr. Armstrong. Yes, would you like to come up to the microphone, Ma'am. Mrs. Martin (S. Riverside): lid like to understand something about the budget. to do the 10% now we suddenly find that we have the money available, is this budgeted for this year? If it wasn't budgeted why can't we find it also available in the funds for the next budget? Why should the money be sitting there now that you can give a 10% raise now if it wouldn't be in the next budget if it is already budgeted each year? Councilman Sikes: Mrs. Martin in figuring the budget for '78 and 179, we did allow in that budget for salaries to take care of certain merit raises am so forth. It is in there so that they have enough money in this current budget to take care of the 10% across the board raise for this year, but again, we won't start working till July and August to prepare the budget that would take care of next year. Now, this year was the first year that we got quite a substantial amount of tax monies in, so next year we will have more monies coming in. We get sometime in June or July"an(anticipated from the tax assessors) income coming off the taxes. What this Council is doing and we have done it before, Dana Armstrong will back me up on this, we have passed ordinances or resolutions of intent that is actually what we're entering in the contract. Now, some disaster comes along, we cannot pay it, then PERC could come in and determine this or either we then will have to reduce our force. But I don't anticipate or see any problems. Mayor Christy: Anybody else? Roll call please. Upon roll call the motion to table the acceptance of the PBA contract until next week CARRIED 5-0. Councilman Rotundo: Is there money for the property from Mr. McCallister for the Fire Department? Mayor Christy: Mr. Wharton, you remember we talked about this on that $6,500. in Ordinance 1020. Can you certify that that money is in the account? Mr. Wharton: Yes. Mayor Christy: Mr. Rotundo, the City Clerk can certify that there is money in the Fire Department Capital Improvement. The $6,500. is there. Councilman Rotundo: I make a motion that we accept this contract with Hanson McCallister for sale of the property at Lot 2 West 30' of Lot 3 Edgewater Shores for the City of Edgewater. Mayor Christy: For $6,500. Councilman Sikes: Shouldnlt we get the advice of our attorney? Mr. Woods: Bernard, all I have been waiting on is the certification of funds from Revenue Sharing. If we've got the money then we can" go ahead and complete the contractural agreement with Mr. Hanson and Mr. McCallister to purchase the lot. I couldn't do anything because we didn't have the money. Mayor Christy: This was in Ordinance 1020, Sept. 28, 1978. It is the fund for the 9th and 10th entitlement period. That's going back from last year to this year together. I have a motion by Mr. Rotundo 13 o u do I have a second? Councilman Sikes: We should have the motion repeated. Mayor Christy: Would you repeat your motion? Councilman Rotundo: I make a motion that we accept this contract with Hanson and McCallister for the sale of Lot 2 and W30 I of Lot 3 Edgewater Shores for the City of Edgewater for $6,500. Mayor Christy: That is the one alongside the Fire House. Councilman Sikes: Louie, we need to let our attorney handle this. He is authorized to handle it first. Mayor Christy: Include that in your motion. It should be handled by the attorney. Mr. Woods: He doesn't need to do that because you have already authorized the Mayor and City Clerk to enter into a contract. We have to get a contract executed first then weIll get an abstract of title from them-and .1 can check the title. The orily thing I was waiting for was money. from Federal- Revenue Sharing so that we could go ahead and commit the City to purchase it. Councilman Sikes: 1111 second the motion. Mayor Christy: Seconded by Mr. Sikes. Questions on the motion? (There were no questions from the Councilmen) A member of the audience (not identified) asked if this was a building for a new fire house. I Mayor Christy: This is a piece of property right alongside of the Fire House. It is not for a new fire house. Anybody else? Roll call please. Upon roll call the motion CARRIED 5-0. Councilman Rotundo: Last Thursday we had a fire drill and we had some problems. I would like the Mayor to discuss this further. Mayor Christy: Gentlemen, the fire whistle went off. The location was down around 30th. I started to go across the railroad track and a train was coming so I went down to Roberts Road and went across the railroad tracks. I no more than got across when the train came and I sat there and timed it. It was about 15 to 18 minutes that the fire truck had to wait on this side of the railroad, the east side of the railroad track. If that had been a house fire, forget it. The train was around 70 or 80 cars. Because the next time there was a fire, the police officer was trying to get across the railroad track to assist the other officer, who was having a problem on this side of the track and the train came along and the fire trucks were over there and they had to come back because of another fire. Had it been another house fire, which it wasn't thank God. They are increasing the trains through Edgewater. There are more and more. What is going to happen and I hope to God it never happens, 11m afraid if we ever have a house fire on the other side the train will hold up the trucks. This is about the fourth or fifth time this has happened. I had hoped the Fire Chief would be here tonight. Evidently, he couldn't make it. This is a very serious problem, we have no fire house on the other side of the track. At least if we had one engine over there where we could protect those people, not only in Florida Shores but in the Acres and out Park Ave. Councilman Asting: I thought that at one time the County was going to provide us with some money to put up a station on the west side of the railroad tracks in Florida Shores or Edgewater Acres. Councilman Rotundo: I had a meeting last Wednesday with the County Manager. . The Fire Chief and I talked with him. He has worked up something on the County agenda for the last week in February. 14 ~ (J \ Councilman Asting: I think we ought to follow up on that and make them aware of what our problem is. Mayor Christy: What we have is a piece of property over there on Mango and 16th. It is big enough to build a fire house. I do agree we must do something soon because it is needly badly over there. Councilman Ledbetter: We have the property down there where the water tower is. Mayor Christy: That is not big enough, the other piece is better. Councilman Ledbetter: I have no report. Mayor Christy: Yes, you forgot about the prices on the trash. Councilman Ledbetter: We'll have to have a workshop on that. Mayor Christy: Yes, I know but we have problems coming up. We had once place down here where we had four truck loads from one area, from Thomas. They carried four truckloads out of that and they still have the tree standing up in there and they are trying to dig it out. Not only did we have four truckloads, none of it was cut into four foot 1 engths; Everythi ng was in bi g long branches and the; . . . Councilman Ledbetter: You've got an ordinance that says it should be six inches in diameter not over four foot length and four foot height. If you take a tree down it is up to the individual taking that tree down to get rid of the trunk and all of that. Mayor Christy: Yes, but we had to haul away three and a half truck loads. Councilman Ledbetter: We didn't have to haul it away. I went down there and looked at that pile and I don't know who gave the order to have moved, but I wouldn't have touched it with a ten foot pole. Mayor Christy: Mr. Asting, you came in and asked me about it. Councilman Asting: Yes, I received calls on it. Mayor Christy: So then at Mr. Asting's request we moved it. Councilman Sikes: Did you not hear of this Mr. Ledbetter? Councilman Ledbetter: Friday afternoon auout one o'clock. Mayor Christy: Originally we were going to leave that until after we got a hearing or had a workshop but these people kept insisting. Councilman Ledbetter: You've got lot clearing going on, people clearing lots all the time and putting it out for the City to pick up and as long as we are dumb enough to pick it up they are going to continue to put it out. Mayor Christy: I'd like something said then about stopping that kind of pick up except our regular trash. Councilman Sikes: Well, I think that they should refer to the Coordinator of that Department and let him make the decision. We have an ordinance and those that are in the garbage and street department should check with him and if he says pick it up they will pick it up. Mayor Christy: That's the way it will be. Hereafter Mr. Ledbetter you'll have the.. Councilman Ledbetter: Well, if somebody cuts a tree or cuts off limbs six or seven feet long I don't think it's the City's obligation to pick it up. If I cut a tree down, it costs me forth dollars an hour to get a tree cut and hauled away. Mayor Christy: I know but we had that problem and the rest of the tree is still standing there. I went by there tonight and they are still trying to dig that out of there. 15 I, u (J Councilman Rotundo: Is this on their property? Mayor Christy: It is on their property as far as I can see, is that correct Mr. Asting? Councilman Asting: It is on their property. Councilman Rotundo: Well then we can't do anything about that. Mayor Christy: So I think from now on we should haul no trash other than the regular trash until we can get some kind of figures set up at our workshop tomorrow night. Councilman Sikes: When did it not become the responsibility of the person that is cutting the tree down or whoever to remove the tree? Mayor Christy: I don't know but that was the problem we had down there. I understand that they had stated that they had never had the trash picked up. I understood it was picked up because I believe you had the crew picking up down there. Councilman Ledbetter: Well there was one pile one the east end of palm fronds and debris of that nature but up where that tree was cut down and all the limbs cut off that was a horse of a different color. Mayor Christy: I think from now on we ought to just leave it up until we get prices at least until we get this worked out. If we start picking up stuff like that it will cost the City extra money and we will have to raise our garbage rates. Councilman Rotundo: You shouldn1t even enter into this kind of business. Mayor Christy: Well we can later on if we get some prices set. Councilman Rotundo: We don't even want to. get into this kind of business. Councilman Ledbetter: You have some lots that are being hand cleared and the stuff is being piled out for the City to pick up. Mayor Christy: According to the ordinance you cannot pick up on private lots unless of course you work it out when we have the workshop. It is whatever you decide at the workshop.on what we are going to present to. the CQuncil on that. But you have your ordinance and you have to go by that. Mr. Frank Opal: Yesterday morning we had hurricane winds in Fla. shores. Has anybody reported trees being uprooted? Well, I want to tell you right now, I called in yesterday morning and I told the dispatcher that 20th and Pine Tree was a disaster area. We had a power line knocked down and we had five trees uprooted. Trees on three corners and another house had two trees uprooted. Mayor Christy: Chief, do you know anything about this? Who did you report it to Mr. Opal. Mr. Opal: The dispatcher, yesterday morning. Mayor Christy: Is it on City property across the street? Mr. Opal: No, it is on people's property. That report should be in because I called up. The power company was out today and rectified the situation. But, as far as the trees are concerned, these are not trees that people cut down, these are trees that were knocked down. Mayor Christy: They are not on City property. Therefore the individual that owns that property is responsible for that. Mr. Opal: How about the palm fronds that come off and are cut up in lengths and put there. Do we have to take everything away on our own? 16 c Q Mayor Christy: They pick them up on Wednesday. Mr. Opal: I just wanted to tell you about the trees. Mayor Christy: If they are on private property it is not a concern of the City. Mr. Sikes do you have a report? Councilman Sikes: We need to check and find out, I don1t believe we've got our money from the library yet have we? I think it's about $13,000. Mr. Wharton, somewhere in my papers, I got this last week and it says please attach to the minutes of the Jan. 8 Council meeting. Now when your Council minutes are approved, unless there are any attachments that are amendments to those meetings you do not attach these to official minutes. You just cannot got back and attach this to the minutes. Councilman Asting: It should have been in the minutes of the meeting. It was read. Councilman Sikes: This just says please attach to Jan. 8 minutes. Councilman Asting: It was read into the minutes. Mayor Christy: It was read into the minutes, Mr. Sikes. Councilman Sikes: I believe that is all I have to say. No, I do have one other item. I notice we have here a bill for McMahan Construction for damage done to the lift station. Were they responsible for plugging that sewer line? Councilman Asting: That is correct. Councilman Sikes: Does this take care of unstopping that line? Councilman Asting: Yes it does. Councilman Sikes: That1s all I have to say. Mayor Christy: It was on the minutes of the 8th but she didn't go verbatim, Mr. Sikes. It was read into the minutes as verbatim and that is why he asked to have it attached if there was any question of his statement. Councilman Asting: Last Saturday afternoon we had a motor on well #1 short out. It caused a small fire and we had to go to wells # 2 & 3. These will be sufficient to meet our demands for water. It is in the plans that new pumps and motors in wells #1 & 2 will be installed by the contractor who is building the new water plant. Mayor Christy: In the meantime are we going to be able to file for insurance on this motor over here to collect Councilman Asting: I would say so because it is an installation that has been insured by the City. Yes, I would think we would be able to because they are going to replace them it happened before the replacement could be affected. . Mayor Christy: I think everyone got a copy today from the gentlemen in the water department who was at the fire. He gave us all a report. Mr. Wharton: I did not get one. Mayor Christy: You didn't get a report on it? Mr. Wharton: No, I cleaned my basket out before the meeting. Mayor Christy: The report on that well. Councilman Asting: Are you speaking of the one that is addressed to Mr. Bostwick at DER? Mayor Christy: Yes. 17 u o Councilman Asting: We are notifying him. Mayor Christy: You didnlt get one Mr. Wharton? Mr. Wharton: No. Councilman Asting: It was put out by one of our operators at the water plant. This is the man who will probably be in charge. He was the weekend operator. Mr. Wharton: Just as a matter of record, who did he send the memo to? Councilman Asting: Mr. Bostwick of the Department of Environmental Regulations. I donlt know why he didn't give 'extra copies. , Mayor Christy: I'll take my copy and make copies for everybody. Councilman Sikes: Mr. Mayor, the City Clerk has to be responsible for all the records and memorandums that go out. The City Clerk should have a copy of all correspondence. Mayor Christy: Mr. Wharton would you send out a memo to each department to that effect. That hereafter you are to get the information on what is directed out. Councilman Asting: 1111 see that that is taken care of. I would like to ask you the question if we have ever received that $1,025.25? Mayor Christy: No, sir live asked the same question. Councilman Asting: You wrote a letter, would you follow up on that? Mayor Christy: Mr. Wharton and I will get together in the morning and ask about that $1,025.18. Councilman Sikes: We have the money we just have to sign a check. Mayor Christy: It is waiting for FHA. Councilman Sikes: It requires his signature and your signature. Mayor Christy: They are supposed to send us a letter on that. Councilman Sikes: No, just write a check and send it over and ask them to sign it. Mayor Christy: We'll do that in the morning. We wrote them a letter. Councilman Ledbetter: Put deposit to the City of Edgewater on it please. Mayor Christy: Yes, sir don't worry. Councilman Asting: We had a walk through of the Mockingbird Lane project and there are several items here. It is a memo to me based on what our Water and Wastewater people found and Layne Atlantic, McMahon and Briley, Wild and myself and some water people will be meeting with these people tomorrow morning and at that time I will cover these items that we noted in the walk through. Mayor Christy: When you make a decision on that, would you Mr. Love and let him know just exactly what the status is? promised him I would let him know whenever we get an answer cause he ,is holding up payment. Councilman Asting: Yes. Now, on the water plant. I was talking with Mr.. Fernandez and Dave was present at that meeting. He was probably the principle engineer involved in the design of the water plant and at that time he said that there was no re-carbonation unit included because of a desire on the part of the City officials to keep the plant as inexpensive as possible. The need for the re- carbonation unit is apparent and I think each Councilman got a copy of a letter sent to me from the two people who will be operating our new water plant. I think if you read it over you will see that we have ca 11 I on it, 18 \ a o ~ \,.. some prices on three re-carbonation units. One is proposed by Briley, Wild a Tomco Lycarbo unit is $55,000. We had another from Liquid Carbonic Co. for $16,000. and there is probably some kind of lease purchase plan that we could buy that unit with and then we had another one from Cardox Co. and their price was lower but our water people recommended the Liquid Carbonic unit. I have to go along with them, I have had a little bit of experience with this particular unit that they recommend and I have for each Councilman a schematic drawing of the water plant showing the inflow of water through the plant and out into the City and also the proposed location of the C02 of re-carbonation unit and a picture of a re-carbonation unit itself. Mayor Christy: You say that the men recommend Carbonic Co.? the Liquid Councilman Asting: Yes. I would also like to say that tomorrow night at our workshop meeting there will be a representative from that company who will go into detail on how the unit functions. Councilman Sikes: Mr. Asting, I thought you said the other evening Mr. Fernandez said that we would have good water but it was just a matter of treating it a little bit differently than what.. Councilman Asting: Well, that is what he mentioned but our water people, based on the samples that they have taken, feel that we should have this re-carbonation unit. Councilman Sikes: Well, I again feel that we should complete the plant, get the water and determine Councilman Asting: If we are going to go for the re-carbonation unit it should be installed before we go for the plant because as you look at the drawing you will see where the re-carbonation unit ties in to the lines coming out of the spiractors and into the filters. It should be installed before the plant goes into operation. Mayor Christy: First of all, let me start back at the beginning. All the meetings live sat in on I donlt recall anyone ever proposing the liquid carbonic system. They had proposed an aeration. Councilman Asting: This goes into the system in the form of a gas. Mayor Christy: Yes, but what 11m saying is that they never proposed this what they proposed was the aeration at the time. I think Mr. Armstrong was the Mayor at the time and they had said we want to get something with a lesser expense so they asked if it was possible for the aerator to be eliminated and still function and I believe they said yes. Councilman Asting: Yes, that was when they were planning on using the chemicals, the poly phosphates. Mayor Christy: But to my investigation I have also found out that the liquid carbonic going into the system will double or triple the life of the filters. This is what I have understood. / Councilman Sikes: But if I remember correctly that whenever it comes to cleaning or replacing a filter, it is such a small amount compared to the re-carbonation unit. Again going back, the engineer said we would have good water. Now, they have had opportunities all along to correct it but they have said we would have good water. Mr. Fernandez told, Mr. Asting said last Wednesday night that Mr. Fernandez said that we would have good water that could be treated. Mayor Christy: Well, I have asked him too and he said this would increase the life of the filters. Councilman Asting: And improve the quality of our water. Mayor Christy: I have inquired of other people too because I am still under the impression that Briley, Wild said we would have 100% perfect water but I donlt see how we can get it. The C02 tank will get us longer life though that's what live been told but 11m not versed on that so I really don't know. 19 4) o Councilman Asting: Well, tomorrow at the workshop meeting we will have a representative of the company to explain the unit to us and how it will help improve our water. We're spending $560,000. for a water plant and another $16,000. to insure we have good water is well worth it. Mayor Christy: This is something weill be putting on the work- shop, I know you're going to kill me for this but we need to talk about this and the gentlemen was available for tomorrow night so we need to put it on the agenda for the workshop. Councilman Ledbetter: Why is there such a difference in the price of these two gadgets? Councilman Asting: Well one was a Briley, Wild proposal based on a quote from Layne Atlantic. This is our own people who will be operating our water plant and have had experience, at least one of them has had experience, with this type of unit. I think he said it was used in Port Orange, if I'm not mistaken. He knows this unit will work and he contacted this company on his own to find out the cost and he contacted a few other companies too but he recommended that this company be the provider if the Council goes along with it. Councilman Ledbetter: That's $16,000. against that $55,000. that is an awful mark up in the price. Councilman Asting: That's right. The company I used to work for used this type of system to reduce the PH in the solution that we used. So you can make up your minds tomorrow night. Mayor Christy: Weill have the gentlemen there tomorrow night to discuss all of this. So, if you would like to come to tomorrow night's meeting the man will explain the whole thing. Anything else, Mr. Asting? Councilman Asting: Yes, I have done some research on our interim financing loan. On February 20, 1978, the City Clerk opened bids on this loan. One was from Southeast Bank for 5.6% another was from Sun Bank at 5.5%. One bank did not submit a bid because they did not have enough information on it. A motion was made by Councilman Dietz to table the bids until after the 28th of Feb. ,1978. This is an extract from the Edgewater Council Meeting minutes of March 6. This matter came up again on March 6th and Mr. Sikes stated that due to the fact that Southeast Bank was involved as one of the bidders he would vote as the Council voted and would prefer to vote last. Councilman Dietz made a motion that the Council accept the bid from the Southeast Bank. The motion was seconded. Upon roll call the motion carried 5-0. Although Southeast Bank was the higher bidder. Resolution 783 dated Mar. 13, 1978 was prepared by the City Attorney was read and adopted by the Council and there were no dissenting votes. The part of the resolution that states "Whereas Southeast Bank of New Smyrna Beach has sub- mitted the lowest and most favorable bid to the City of Edgewater to provide said interim financing is not true. Remember that the bids were 5.6% from Southeast and 5.5% from Sun Bank. Sun Bank was the lowest bidder. An extract from a letter signed by W.R. Walter, President, addressed to former City Clerk Blackwell was received at Edgewater City Hall on Mar. 24, 1978. The letter is dated Mar. 23, 1978 Quote: It is my understanding that the City of Edgewater has accepted this bank's bid for $300,000. interim financing on the new water treatment plant. Assuming these negotiations are completed and that our bid of 5.6% has been formally accepted by the City, it is our intention to change the rate to 5.5% subject to your approval. unquote. As far as can be determined this approval has never been granted by the Council. Based on the above resolu- tion, these are the conclusions that one has to come to Resolution No. 783, dated Mar. 13, 1978 is wrongly worded in that it states that Southeast Bank was the lowest bidder for the interim loan. That it was not until about 11 days later, after Res. 783 had been read in public that Southeast Bank offered to lower its interest rate to match the lower bid of Sun Bank. That it is reasonable to assume that City officials then in office had knowledge of the difference in interest rates since they were discussed in open meeting on Feb. 20, 1978. That former Councilman Dietz moved for adoption of ""-- " ' 20 o o this resolution and this motion was seconded by former Councilman Shell. The motion carried 5-0. all Councilmen voted yes. It was signed by former City Clerk Blackwell who opened and read the bids on Feb. 20, 1978. That there definately appears to be a conflict of interest in this matter. Councilman Sikes is a Southeast Bank official. As far as can be determined no form 4 conflict of interest has been filed nor is one incorporated in the minutes as required by Florida Statute 112.3143. That's all I have. Councilman Sikes: May I answer him? He is wrong like he is about so many other things. First of all, he didnlt search or check the bids that came back, thoroughly or he would have found that they require that we move all deposits to the Daytona Bank and Councilman Asting: That is not stated in the letter that was read at the meeting because I have a copy of that here if you would like to hear it. Councilman Sikes: Yes it is, I know what 11m talking about but nevertheless, the City entered into a loan and we made the loan now if you want to pass off that 5~% that would be fine but at the time it was the lowest bid as determined it was the best bid for the interest of the City determined by the City Council. Now, you're no judge, you're no one to sit there and determine now whether it was the best bid or not at that time. Councilman Asting: The figures don't lie, Mr. Sikes. Councilman Sikes: The 5.6 bid was for the best interest of the City. You will also find in the letter there that they were going to loan us the whole $300,000. at one time and charge us interest on ~he full amount. We only charge interest as the loan is made and in the amount of the loan from time to time. We could not have lived up to the Sun Bank loan because Farmer's Home would not have let us borrow it all at one time. You Ire wet and you know it and you're determined to find. .so you go ahead and check and investigate it all you like. If you think I"ve done wrong then you turn me into the State Attorney's office. Councilman Asting: Mr. Sikes you didn't file a conflict of interest report. Councilman Sikes: I donlt need to. Councilman Asting: Yes you do. Councilman Sikes: No, I do not. Councilman Asting: I would like to read to you what the code of conduct says on that. Councilman Sikes: I know what 11m supposed to do. Councilman Asting: Let me read what the code says. Counciman Sikes: You do what you need to do. You do whatever you think you .should do. Councilman Asting: Voting conflicts who must file. Councilman Sikes: Mayor, I know what it reads. Councilman Asting: Any public officer voting in his official capacity on a recordable matter must file a memorandum of voting conflict. When must form 4 be filed? Within fifteen days after the vote occurs. Where must disclosure be made? In a memorandum filed with the person responsible for recording the minutes of the meeting~ who shall incorporate the memo in the minutes. They include a copy of form 4 and it is covered by Florida Statute 112.314. Mayor Christy: I believed at the time we asked the-attorney, Mr. Woods do you recall? We asked your opinion on that. - 21 - o o Mr. Woods: I have nothing to say at this time. I have to review all the minutes and everything else that you would have. If you want to rescind the resolution and go out and borrow the money now, Mr. Asting, you are going to pay an astronomical amount. Councilman Asting: I'm not saying we should rescind the resolution. I'm just saying it was wrong in... Mr. Woods: Itls easy to sit up here and criticize former Council people that sat up here on this Commission but.. Councilman Asting: I think that I've been the subject of.. Mr. Woods: It's easy to throw rocks.. Councilman Asting: Plenty of criticism, since live been sitting on the Council. Mr. Woods: I don't think anybody has criticized you on this Council. Councilman Asting: I would like to read the City Clerkls - the way the letter she received from Sun Bank of Volusia County the way it was read into the minutes. Letter from Sun Bank of Volusia County pursuant to your Jan. 19, 1978 letter concerning above referenced project, Sun Bank of Volusia County is pleased to commit us for $300,000. for 18 months at a rate of 5.5%. The rate of 5.5 was based - . on a tax reinterest rate to the bank. This loan was to have an unconditional guarantee of the Farmer's Home Administration and to closed on documents satisfactory to the bank. Thank you for this opportunity to make this commitment. Mr. Davidson, Vice President. Councilman Sikes: All right, you say you took that from the minutes? How many times have you found the minutes of the meeting not to be correct? Councilman Asting: I canlt say that I ever found them to be incorrect. Councilman Sikes: I suggest that you check the letter. Councilman Asting: Funny thing, the letter is not available in City Hall, the bids are not available. We searched and could not find them. Mayor Christy: Who filed them? Councilman Asting: I don't know. Mayor Christy: I want that found in the morning. Somebody was given the duty to file them and they better be in that City Hall. Councilman Asting: That's all I have, Mr. Mayor. Mayor Christy: All right. Mr. Attorney? Mr. Woods: I don't really have anything for the Council but I would like to say that the original intent of the Coordinator's report, I believe, was to report on the activities taking place in each of the Coordinator's departments. It seems like it is now come up where everybody is bringing up any and everything that they want covered in the Coordinator's reports and you're asking questions and getting into arguments and often asking me questions for which I am not pre- pared to answer. I would like to see this practice stopped. lid like to see an appropriate agenda prepared on a Friday or go back to the workshop session and get a proper agenda prepared for discussion by this Council and maybe we can eliminate some of this adversity that takes place at these Council meetings. Councilman Asting: Mr. Attorney, I am concerned with this matter since it concerns financing of the new water plant. Mr. Woods: 11m not directing this at you, Mr. Asting, I am saying that I see it happening. You are using it as a catchall here, these Coordinatorls reports and you are asking me questions, for which I am 22 ~ o not personally prepared. Councilman Asting: I didn't ask you anything. Mr. Woods: No, sir, I'm not directing this at you, Mr. Asting. I am saying this to the entire Council. Mayor Christy: No, I asked a question to the attorney. Mr. Woods: I think if you are really going to keep within the spirit of the public meeting hall then you should agenda things and like we were doing before have an agenda set by a certain time, so that the City personnel can get ready to answer questions. It is not fair. Mayor Christy: I agree with the attorney. I think we should stop the Coordinator's reports and put everything on the agenda sheet. In other words, what we1re going to have to discuss we should, each one, put it on the agenda and then that way when it comes time for the Monday night meeting, everybody will know what's being talked about. Councilman Asting: I would like to reiterate that the reason I became concerned in this matter is because of the money for the interim financing loan that was taken for the purpose of paying for the water plant of which I have a responsibility. Mayor Christy: I think we all have the same equal responsibility for that plant. Councilman Sikes: And you got the money when the loan was asked for. Mayor Christy: I've also got to say that I have brought up things to and I think that each and everyone of us should let everybody know what we are going to talk about. Councilman Sikes: Just quote the information correctly. Councilman Asting: I did. Mayor Christy: I would like to get out of the Council a motion that hereafter if we have anything to say to put it on the agenda sheet and then everybody will know what's going to be talked about. Nobody will be in the dark about what's going to happen. Cause I myself have even brought things up and I've got things tonight too. So I would like to get from the Council a motion that hereafter we put it on the agenda sheet what we are going to discuss. Councilman Ledbetter: Why not go back to the two meetings a month and have a workshop meeting on Thursday, prior to the meeting? Mayor Christy: I'd like to go back to one meeting a month. Mr. Wharton: Then could we do what Mr. Sikes said about paying the bills? Otherwise we will.have a pile of them. Councilman Sikes: Every week we can transact business, where before we would be talking over the same things. Mayor Christy: All the years live been coming to the meeting, this is my eighth year, sixth year coming to Council meetings. Councilman Sikes: May, Zima said that on our bills and accounts that as long as they are budgeted items and as long as they were in the dollar amount that we did not have to approve and go over them at every meeting. First of all, the Coordinators of the department sign the purchase orders along with the City Clerk anyhow and at such time that it goes above a certain dollar amount we have the right to go in and look at the bills at all times. Port Orange doesn't approve all the payment of the bills, neither does Daytona or other cities. Mayor Christy: I think Holly Hill does the same thing they just pay the bills. 23 ~ o o Councilman Sikes: As long as it is handled within a budgeted item~ except at such time that it comes not within the dollar amount, the City Clerk or the Coordinator can spend. So there is no problem in posting the bills. Mr. Woods: You have a budget and you have a limitation on what you can spend. The Coordinators should know within their department who is overexpended. Mayor Christy: I think we should take a recess. We will take a ten minute break. Recess. Mayor Christy: Mr. Wharton do you have a report? Mr. Wharton: We were asked to ask the employees to select a repre- sentative to sit in with the Merit Board. We sent one of these sheets to every employee with the names on them of all the employees and we ask that each employee circle the name that that employee wished to have as a representative on the Merit Board. We got all the forms back again and the person who has the most votes was Karen Rickelman, she got twenty votes and the next was ten vote and then one all the way down to Mr. Joseph McEver who got two. So Karen Rickel~an is the one choice of all of our employees. Mayor Christy: The attorney will have to draw up a resolution. Weill have to have a motion to instruct you to draw up a resolution. Councilman Asting: I make a motion to authorize the City Attorney to draw up a resolution appointing Karen Rickelman as the employee representative on the Merit Board. Mayor Christy: I have a motion by Mr. Asting, do I have a second? Counci.lman. Rotundo: I second the motion. There were no questions on the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy: Gentlemen, I gave each one of you a copy of this application. This is an application to get an application. Mr. Diamond, as you are the writer would you come up and explain this? Mr. Diamond (City Planner) It is a preapplication for a grant to the State for funds to purchase recreation property that is water related and that there is some threat that unless the City receives funds to purchase it, it may be lost to the public. This application provides that the State will furnish up to $50,000. for the purchase of these lands if they meet the criteria. They will provide 50% of the amount over $50,000. This is a preapplication asking that they consider this and offer an application. Mayor Christy: The land in question is? Mr. Diamond: The Menard property. Mayor Christy: We have here everything that Richard has filled out~ all the information needed. I called and spoke to Mr. Collier Clark who is the gentlemen in charge at Tallahassee. He is in the department of Parks and Recreation and he spoke very favorably of getting this due to the fact, as Mr. Diamond has pointed out we meet most all the criteria needed for this. I also spoke to Sen. Ed Dunn who is also working in the Park and Recreation and backed up Holly Hill and got them their park and recreation and he said he would help push this too. If you notice here the approximate price is around $60,000. If they would go $55,000. It would mean the City would pay $5,000. to get that Menard beach and make it a park and recreation area. The last sheet shows a proposal of what that area would be, picnic area, park, fishing and a boat launch. Then of course there are pictures showing the area west to east and north to south. This area is right down here at the end of Ocean Ave. 24 f' . 7 o o A question was asked from the audience. Does that become open to the public? Mayor Christy: Yes, sir. That is the intent of it. Even if we didn't get money from the State, if we bought it it would be open to the public. Person in the audience: This way we won1t have anything to say about it, if we get money from them (rest is not clear) Mr. Diamond: It must be dedicated to the public forever and they have something to say about ." Person in the audience: If everybody uses it, weill have to clean up their garbage. Mayor Christy: If we have to go into that we can end up charging them in that area for the upkeep. Councilman Sikes: Getting back to this area, it is the only place in Edgewater where the kids can swim. We need to show that. Mayor Christy: We didnlt want to put that in. Richard do you want to explain why we didn't put that in at this time? Mr. Diamond: I donlt know if they have any requirements or if we need an agreement with DER to review or if they were aware that we have sewer outflow there, our effluent outflow there. Mayor Christy: Even though our sewer is better than our drinking water. You see this other picture here. This is what the place looked li"ke at one time. I had the people straighten the fences up and get it in order. If you just walk over to the handball court and the tennis court you can see that it has really been mutilated. In fact, today at noontime, some people were playing handball and just as I was getting into my car I saw a guy start to climb over the fence. I hollered at him and told him to get down from there. He said his ball was in there and he was going after it. I told him if he wanted to get the ball, he should go over and get the key. He did but when he went back he left the gate open and I had to go and close the gate and I said to him that the gate was to be closed by the people signing out for the key and he said he didn't care he didn1t live here. Now that is the attitude they got. What I would like to propose to you people, I got an estimate from the Art Fence Co. Do Y9U see the little picture where all that fence is torn up? They can put a rail around and repair that fence and retie the fence all around including the areas that have been busted down. On the tennis court the railing which has been stolen will be replaced, they have been taking hacksaws to cut it off and take it. In order to fix that up and change the gate from where it is, you see in the big picture the gates to the tennis court, take those off and move it over onto the other side of the handball court so we can lock the handball and the people have to sign for it going in and out of it. They busted the light down, I think you read it in the newspaper. It cost us about $50. to have it put up and I ended up going over there and putting it back up. Now the bulbs are $24. apiece and there are quite a few bulbs that go in there and they break the bulbs too. The only way I can put a stop to it is if I fence it up and make people sign for it and then we know who is going to be in there and the person that goes in there is going to be responsible. If they come in and see any damage there they have to report it to the police or they will be called upon to replace. So the expense of all that should come to $765. Councilman Ledbetter: You should put three strands of barbwire on the top of it. Mayor Christy: That I would like to do. If you check the floor of the tennis court looks almost as good as when it was resurfaced. The reason for this is because it is kept locked. Now the other day I went over there and they had cut the lock and the chain off and took the chain with them and the lock and I had to replace that. 25 , . o o Now, if I lock them all up and make them sign for it,the people going i~to the handball or the tennis courts, it would be well protected. We would know who goes in and out and any damage we can hit them up for. So I would like to have the Council give me the ok to go ahead and spend the $765., it would be about a week or two before the man could do it. In the meantime, I have closed it at nighttime because they have been tearing it up and we can't afford to go on buying these bulbs at $24. apiece. Of course I just now found out I can get them cheaper so 1111 be buying them cheaper. Councilman Rotundo: I think what we ought to do is charge a users fee for people who live outside the City of Edgewater. All school programs would be able to reserve the courts for two hours a day and any special groups could reserve the courts for a couple of hours a day but I think we should have a users fee for people outside the City. Let them buy a ticket and come and play, otherwise.. Mayor Christy: The only way you are going to control that is to put the gates on there and lock it. That's the only way you are going to control that. Councilman Sikes: Tell them it will be locked up for two weeks and if it is damaged again it will be locked up for four weeks. Mayor Christy: You would have to keep a patrolman over there all the time to keep them off the handball court cause there is no gate. We need gates on that handball court. 1111 have to replace the fencing inside the tennis courts. They have to be replaced and move the gates on the outside and fix up the fencing around it. Joe keeps fixing that fence and he can't fix much more what it needs is a metal bar at the bottom. Councilman Rotundo: I think if you put a gate up there you are going to ask for more vandalism. What we have to do is to secure the lights so that they can't break them and get something up there so the balls don't stick up there. Mayor Christy: I wrote to a company about getting a net I wanted to put up there but they didn't send me the information I wanted so I sent a letter back to get me the information for netting. They sent me back information on hockey and soccer and all the other kind of games. Councilman Rotundo: The only place the ball sticks is up on that center part. Can't you put a net up there on both sides? Mayor Christy: That is what I wanted to do was to stretch a net right across the top. On the fence around that u-shape there. Councilman Ledbetter: No one has ever heard of chicken wire have they? You could get a roll or chicken wire, it would solve your problem, the ball won't go through the chicken wire. Mayor Christy: How long would that last? Councilman Ledbetter: It's galvanized wire. Councilman Asting: It has been mentioned that we shut down for a couple of weeks. I don't go along with that idea because that would be like mass punishment. Many would be punished for the acts of a few. Mayor Christy: That is not the answer either. The only answer is putting gates over there. With the gates on the tennis court it has been very successful. That tennis court has stayed beautiful. I want to move that and put it over on the other side and replace the fencing in there. So what they want to do is put solid heavy fencing in there so that they can't tear it down. Councilman Ledbetter: You can't put something heavier there then what it is that's nine gauge wire. 26 r - . o o Councilman Rotundo: Do you think the kids that are doing this are from our City? Mayor Christy: I don't know. Councilman Sikes: New Smyrna had $1600 worth of damage done at the beach two weeks ago. Councilman Rotundo: Windows busted and everything else. Mayor Christy: You have to retie all that fence they have busted all the ties off the fence. Councilman Ledbetter: You've got a good fence builder out there in the audience. A good ironworker Jim Nichols would fix your "fence. Mayor Christy: I have money in the budget, yes sir. Councilman Sikes: How much money are we talking about? Mayor Christy: $765. Councilman Rotundo: Gates for $700.? Mayor Christy: Gates and everything. Putting new bars, new ties, most of the ties have been busted off the fences so that has to be all retied together again that is why it is sagging. You can't pull them any tighter they hit the ball and they go back and fall against the fence but they have untied the ties cause Joe has gone out there many times to put ties in there. What is going to have to be done is to go around the whole area including that top over there. That has to all be fixed. Councilman Ledbetter: Are they using aluminum ties? Mayor Christy: They have been. Councilman Ledbetter: Better use steel wire on them. Councilman Rotundo: That seems pretty expensive for the work. Mayor Christy: Tension bars on there, putting the railing around the tennis courts over there and relocating the gates, refabricating the gates and the labor is $100. and then the railing around the other part too. Councilman Ledbetter: I put up 700 foot of four foot fence of eleven gauge wire with a top rail and it didn't run me that much. Mayor Christy: I can go for other estimates. Mr. Jim Nichols: I can give you a suggestion. What we use on towers to bind the feed line to the tower is a stainless steel strap. You have a special tool and take and bind that around there and you twirl that thing up and snap it off and it is pretty hard to break stainless. You can get a stainless strap that would go through your fence and around the post and it is better than the aluminum tie wires. Aluminum is very easy to break. Mayor Christy: Would you find out how much those are and where I could purchase them? Councilman Ledbetter: If the wire is on the inside you have the protection of the post when they fall back on it, but if it is on the outside .. Mr. Nichols: The stainless steel strap is about half an inch wide. You can get them in whatever length you need them. Then you wind it up tight and break it off and get that back inside next to your post where you wouldn't get cut no problem. That is what we use to bind anything to a tower. That would beat your aluminum tie wires, in fact I wouldn't have used aluminum to start with because aluminum against steel will eventually eat it up. 27 ~ o Q Mayor Christy: Well, I guess 1111 have to leave this lay until next week. In the meantime, lid like to ask you to go along with me in keeping that closed at night. It seems like it is the only way I can eliminate the damage. Councilman Ledbetter: I motion you keep the courts closed at night. Councilman Sikes: I second the motion. Mayor Christy: Mr. Sikes seconded the motion. Till I can get the fence fixed. Councilman Rotundo: I hate to do this because our public courts should be open. Mayor Christy: I've got some good friends of mine that are yelling and screaming about this. Councilman Sikes: If they go to the police station for the keys that still doesnlt solve your problem? Mayor Christy: The handball has no gates. Councilman Sikes: You could just turn the lights off. Mayor Christy: I could issue them a light key. It is the only thing left to do. Councilman Sikes: If they can still get in there, they can do more damage with the lights off then if they were on. Mayor Christy: They have already gone in there and thrown asphalt allover the floor. Every day I have the girls go over and clean it up and fix it up over there but at least they are not tearing up the fence any worse than it already is. You can see in the picture they've really got that fence torn up. Councilman Rotundo: Hasn't this just occurred since we locked it up? Mayor Christy: No, that happened before. Councilman Sikes: There is a lot of working people that use it at night. Mayor Christy: I know and I feel sorry for them but the only answer left is to lock the whole place up and let them sign up for it. Like Mr. Rotundo says if an outsider wants to play he has to pay for it. That will be the answer. Councilman Rotundo: They charge our school kids in New Smyrna. Councifuman Sikes: They have meter boxes but then they are always ripping off the meter boxes. Councilman Rotundo: The recreation department in New Smyrna Beach is charging all our youngsters of Edgewater and outside areas $3.00 to participate in all their programs. Mayor Christy: 11m trying to remedy this and the only real remedy is gates and locks and signing in. That is the only way I have taken care of that tennis court and it is the only way to take care of that handball court. How high are those gates Joe? Eight foot? Yes, they are eight foot. There were no further questions from the Council. Upon roll call the motion CARRIED 5-0. The is the end of the verbatim part of the minutes. - 28 - - o o RESOLUTIONS The City Attorney read Resolution No. 78-R-27. A RESOLUTION REQUESTING THE STATE OF FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS TO INCLUDE THE CITY OF EDGEWATER, FLORIDA IN ITS APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR LOCAL PLANNING ASSISTANCE FUNDS FOR THE FISCAL YEAR BEGINNING JULY 1, 1979. Councilman Rotundo made a motion to adopt this resolution. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. ORDINANCES None OLD BUSINESS Pass Book Accounts: Mr. Wharton said that May, Zima had said that we have to transfer the funds we have in the sinking fund into a pass book account. We therefore checked again with the First National Bank and we were assured that because they are a National Bank, according to their regulations they are permitted to give the rate of 5~%. Our payment dates are Feb. 1 and Aug 1 this would be favorable to us because our withdrawal would be more than 90 days apart. That would be what would cause a penalty if it wasn't that way. Ours will not be disturbed because of the way we pay the sinking fund money for our payments. We would always have our money in there for the 90 days. There was a Council discussion about the amount of the payments and when they would be due and the feasibility of a pass book account at the First National. There was a question of whether or not Ord. 400 designated a specific bank as a depository. The City Attorney said that if it did, the Council would have to amend that ordinance to put the money in another bank and he did not think they could do that. Councilman Ledbetter said that he did not believe that ordinance designated a specific bank. The Council agreed to hold this subject until next week. Zoning Enforcement Official: The Council brought up the request of the Zoning Board to appoint Richard Diamond as Zoning Enforcement Official. The Council had authorized the attorney to draw up a resolution making Mr. Diamond the Zoning Advisor. Mr. Woods reminded the Council that Ord. 880 calls for a Zoning Enforcement Official to be designated by the Council. This person would have the authority to notify people who are involved in zoning ordinances and other action authorized by the ordinance. It was established that the police are the final enforcement officials after warning notices, etc. have been sent. Councilman Asting made a motion that the Council authorize a resolution appointing Richard Diamond as Zoning Enforcement Official. Councilman Sikes seconded the motion. Mr. Walter Gross asked if this was a new position and if there would be a salary increase attached. He added that he was sure this would create extra work for Mr. Diamond. Mayor Christy said that there would be no increase and that Mr. Diamond has said he could do this extra work. 29 , l-"" , r- ~ \ o o Upon roll call the motion CARRIED 5-0. Councilman Ledbetter suggested that the Council study the contract that they presently have with Charles Murphy, Building Inspector, and possibly revise it. Mayor Christy said he would get copies of the contract for the Council . Home Occupational licenses: The Council will hold these until they have approved the new form that will be prepared by Mr. Diamond. MISCELLANSOUS Mr. Opal suggested the Council have a workshop meeting one day a week and a Council meeting the next week. NEW BUSINESS There was no new business before the Council. Councilman Ledbetter made a motion to adjourn the meeting. Councilman Sikes seconded the motion. The meeting was adjourned. Minutes submitted by: Nancy Blazi ATTEST: Fy CC,LSGJ Councilman ,/p-~ ~V~1J City Clerk { /~U-c; councilmt/ Approved this.:1q day of January, 1979. ' '-- ~ - ~. Mayor 30 ~. ~ ~ l~