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06-25-1979 - Regular Q u CITY OF EDGEWATER CITY COUNCIL REGULAR MEETING June 25, 1979 Mayor Robert H. 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 Richard Weser Police Chief Earl Baugh Det. Sgt. William Rickelman Present Present Present Present Present Excused Present Excused Present INVOCATION There was a silent invocation. SALUTE TO FLAG APPROVAL OF MINUTES Councilman Ledbetter made a motion that the Council approve the minutes of June 11, 1979 and June 18, 1979. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0 for June 11th meeting and 4-1 for June 18th meeting. Councilman Sikes voted NO for June 18th meeting due to absence. BILLS AND ACCOUNTS Councilman Asting made a motion that the Council approve the bills for payment. Councilman Sikes seconded the motion. Councilman Ledbetter questioned two bills from the Fire Dept.,; Mayor Christy said that they were for some equipment. Councilman Sikes asked if the City Engineer had certified that the recarbonation unit was working properly? He noted that a bill for this equipment was on the list of bills for this week. Councilman Asting said that Mr. Wadsworth had told him that the recarbonation unit was in operation. Upon roll call the vote to approve the bills for payment CARRIED 4-1. Councilman Sikes voted NO because the recarbonation unit had not been certified by the City Engineer. COMMUNICATIONS The City Clerk read a letter from the Industrial Board stating that it was the Board's recommendation that the City not accept the offer of a loan from New Smyrna Beach-Edgewater Chamber of Commerce to match State funds for advertising. The Industrial Board did not feel that they would be able to properly utilize this money before the June 30, 1979 deadline. Councilman Asting made a motion that the City send a letter to the Chamber of Commerce stating that the Council has accepted the Industrial Board's recommendation and thanking the Chamber for their generous offer. Councilman Rotundo seconded the motion. Uoon roll call the motion CARRIED 5-0. I o o The City Clerk read a letter from Harold Brown, Jr. submitting his resignation from the Board of Governors. Councilman Ledbetter made a motion that the Council accept Mr. Brown's resignation. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy said that he would like to suggest that Bucky McKver be appointed to the Board of Governors because he is interested in the recreation areas in the City and would be an asset to the Board. There was some question as to whether or not City employees could serve on advisory boards. Mayor Christy said he would check on this with the City Attorney. The City Clerk read a letter from the CETA Administration regarding CETA programs next year. The Council was asked to decide if they want to continue this program and if so, which departments would need this help and how many employees would be hired. Councilman Sikes said that we should turn this over to the Public Works Director to make his recommendation to the Council. The City Clerk read a letter from the Building Code Board regarding septic tank installation in Florida Shores. The Board objects to the Building Official IS instructions to stub out plumbing in the rear or at the end of houses. Councilman Asting said that sometime in the future, if it is necessary to put in sewer lines in Florida Shores, the lines could go in back of the homes on the easement and it would not be necessary to tear up paving to install the lines. Mr. Milan Griffith, Chairman of Building Code Board, said that there was a question on the easements. Most surveyors say it is 51 throughout most of Florida Shores. The installation of sewer lines behind the homes might prove more costly. Councilman Sikes said that the Building Official did not receive any instructions from the Council concerning the stub out of plumbing lines. Councilman Asting said that the City Engineer had discussed this with the Building Official. He does not see why there should be any objection to stubbing out the lines to the side of the house. If this were done, then the sewer lines could be run either in front or behind the house. Mayor Christy said that he thought the easement was 10. on either side not 5.. Councilman Ledbetter said that he did not think we should tell builders where to put their stubs. Mr. Griffith said that they should check the easement. Councilman Rotundo suggested that the Building Code Board make a recommendation to the Council on where these stub out lines should go. Mr. Griffith said that he would get with the Building Code Board and they will discuss this again. The City Clerk read a letter from the Building Code Board requesting that Mr. Paul Loeffler be appointed to the Board to replace Mr. Harold Brown, Sr. who resigned some time ago. Councilman Ledbetter made a motion that the Council appoint Mr. Loeffler to the Building Code Board. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Rotundo made a motion that the Council authorize the City Attorney to draw up a resolution appointing Mr. Loeffler to the Building Code Board. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. 2 o u The City Clerk read a letter from Mr. Frank Opal requesting permission to address the Council concerning the Brent Millikan audit. Mr. Opal said that the City Clerk, in the News and Observer, blasted Brent Millikan before the report was presented to the Council. He would like to know what right the City Clerk has to issue statements to the press. There were two one sided reports given to the press but there was nothing about the factual statements presented by Brent Millikan. When Mr. Wharton was City Clerk, May, lima contacted the Deputy City Clerk and not the City Clerk. He added that he wished the Mayor would explain all the long distance calls made on the Mayor's private telephone line. He wondered if a complete audit had been taken what would have been found. He may even go to the Grand Jury because he has a lot more to give them. COORDINATORS REPORTS Councilman Rotundo: No report. Councilman Ledbetter: No report. Councilman Sikes: Reminded the Council that July 1, 1979 was the filing date for the financial disclosure forms. Councilman Asting: Statements made by certain City officials regarding the Millikan audit caused some concern since they appeared to be aimed at misleading the public by discrediting its findings. A motion authorizing this audit passed by unanimous vote on Jan. 15, 1979. After the audit began one Councilmember tried to have it discontinued, without success, why? Was it because more irregularities were likely to be uncovered than those in the May, lima report? The May, lima report is a glossed over summary of City affairs, designed to hurt no ones feelings. It is generalization with no specific examples of error or irregularities. Its effectiveness can be measured by the fact that for two years in a row the same irregularities occurred. The Millikan report provides us with specific examples, photostatic copies of wrongly prepared and executed documents. The personnel responsible for preparing and handling City documents can be shown by the examples contained in the Millikan report how such errors can be avoided in the future. It is understandable why certain of our officials would tend to minimize the findings of the Millikan report since they feel it might reflect on their performance while they are holding public office especially if one of them is planning to run for re-election or even the State legislature. A City audit should be open and constructive criticism and should help to improve City administrative procedures. All findings should be made available to the public and not swept under a rug because it might spoil the public image that one might be trying to improve to advance himself politically. I made the motion to change auditors because of what I heard and read during the Millikan presentation. There was nothing complex or mind boggling about it and I can't understand why the Mayor finds it so. Apparently, the other Councilmen also found the copies of City records sufficient to convince them to go along with my motion. Our City Clerk has shown some bias in this matter by statements to the papers and a certain lack of knowledge in a letter to the Council. If he feels that he cannot work with the Millikan firm then I ask for his resignation, now. City Clerk Richard Weser: Informed the Council that he has received a request from the Volusia County division of CETA administration concerning individuals in City Hall who are handling CETA fundings. These people should be bonded. He requests permission to bond Mrs. Gulbransen and Mrs. Wadsworth in compliance with Dept. of Labor regulations. Councilman Sikes made a motion that the Council authorize the bonding of Mrs. Gulbransen and Mrs. Wadsworth for $15,000 each. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Mr.Weser also asked the Council to consider amending Sec. 8 of Ord. 874 (Merit Ord.) that concerns leave with pay for employees who are authorized by the Council to receive pay not to exceed $5.00 per day which ;s not charged to vacation or sick leave. Part (c) under Sect. 8 states that this type of leave can be granted for active duty in any branch of the armed forces of the United States or the State of Florida for a period of such active state or federal service during the first thirty (30) days of such leave of absence. 3 o o Mr. Weser said that he had asked the City Attorney to check state and federal regulations because it was his understanding that an employer is required to pay the balance between the military pay and the employee1s rate of pay as a civilian. The Council discussed the information given to them by the City Attorney. Councilman Sikes asked if the employee who is requesting leave to go to the National Guard was a member of the Guard before he was employed? Mr. Weser said that he was a member before he was hired by the City. Councilman Ledbetter made a motion that the Council authorize an Ordinance amending Sect. 8 of Ordinance 874 stating that the City will pay the difference between the military pay and the employee's present rate of pay. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Mr. Weser said that had one application for the City Planner1s position. If they wish any further information we will have to advertise and he needs Council's permission. . Mayor Christy said that we will have to advertise for City Planner unless the Council wishes to take action on this application. Councilman Asting said that he had sent a note to the Councilmen about this applicant. There was some discussion about this applicant's qualifications. Councilman Sikes made a motion that each Councilman get a copy of . the applicant's credentials and that a copy should be given to the Chairman6f the Planning Board and the Chairman of the Zoning Board. They should make recommendations. Councilman Ledbetter seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy: Informed the Council that the Board of Governors has requested that the tennis and handball courts be kept open until 11:00 P.M. and that the lights stay on until that time. Councilman Ledbetter made a motion that the Council authorize that the lights at the tennis and handball courts be left on until 11:00 P.M. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Rotundo said that Mr. Gilliland told him that he was at the handball courts just about every night and he would be willing to act as a kind of supervisor to keep an eye on things there. Mayor Christy asked if he could get in touch with Mr. Travis, Chairman of the Board of Governors, so that this could be brought up before the Board. Mayor Christy read a proposed agreement between the Cooperative Advertising Co. of Daytona Beach, Fla. concerning the placement of receptacles around the City that will bear display advertising. Councilman Sikes said we should find out what other cities have this program and get more information about it. Councilman Asting made a motion to table this until next week. Councilman Sikes seconded the motion. Upon roll call the motion CARRIED 5-0. 4 Q u In the absence of the City Attorney, the City Clerk read the following resolution: Resolution No. 79-R-66. A RESOLUTION TERMINATING THE SERVICES OF MAY, lIMA & COMPANY AS THE AUDITORS AND ACCOUNTANTS FOR THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERMINATION DATE OF SAID SERVICES; PROVIDING FOR THE EMPLOYMENT OF BRENT MILLIKAN, C.P.A. FOR ACCOUNTING AND AUDITING SERVICES FOR THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR AN EFFECTIVE EMPLOYMENT DATE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion that the Council adopt this resolution. Councilman Ledbetter seconded the motion. Councilman Ledbetter said that May, lima set up our computer system and we have a contract with them for the computer programs. He wanted to know how many other computer systems May, lima handled in this area. Councilman Sikes said that we went out for bids on this and May, Zima was the least expensive. We bought the machine for around $56,000 and we also bought the program, only the use of the program and the service. The program is ours to use as long as we have the contract with May, lima. If we cancel out the contract for computer services then the programs belong to May, lima. If they cancel the computer service they have to provide whoever would take over with the information necessary to transfer to a new company. Councilman Ledbetter said that if May, Zima designed the computer system then it seems as if they audit their own work. Councilman Sikes said that he thought the Council was acting a little hasty. He told the Council that he was the person who gave the information to the News and Observer on the Friday before the Council meeting. That was public information. He gave the newspaper the letter from the City Clerk and the letter from Millikan that the City Clerk had refused to sign. If there has been any wrongdoing by City officials certainly this should be brought out even before a Grand Jury if necessary but the report has shown nothing wrong except where there was one bill in excess of $2,000. We agreed to buy two power surge units, one that could be delivered right away, the other would be delivered later on. This information was not presented as it should have been. Also there was no indication that there was any auditing of the records after Sept. 30 tho The motion was made that we go through the first quarter of the new year. If Millikan had checked those records he would have found that there was no certification of funds by the City Clerk on items that we have gone out for bids on. The audit was not completed according to what we had asked Millikan to do. How much is Millikan going to charge us? There has been no mention of what a new auditor will cost. There is also the question about the retirement fund. If the City decided it could no longer afford the pension plan the money would go directly to the employees. This is not the City's money and should not be considered an asset. Councilman Asting disagreed with this statement. The money sent to Banker's life is held for the benefit of the employees and the assets belong to the City. The funds are held in a trust capacity and it should be accounted for as a trust fund. Various members of the audience spoke about this report. The consensus of opinion from the audience was that the report was a good one and that it should help correct errors in the City1s accounting system. Mr. Jim Cameron, Mr. Walter Gross, Mr. Frank Opal and Mrs. Phyllis Woodard spoke to the Council. Mr. Siciliano spoke about computer firms that would sell any type of program that the City wanted and advise the City how to set this up. There was more discussion concerning this resolution. Mayor Christy said that the Council obviously could talk about this all night but he felt that there had been enough discussion and he asked for a toll call on the motion to adopt the resolution. 5 o 0 Upon roll call the motion CARRIED 3-2. Mayor Christy and Councilman Sikes voted NO. ORDINANCES In the absence of the City Attorney the City Clerk read the following ordinances (second reading). Ordinance No. 79-0-15. AN ORDINANCE OF THE CITY OF EDGEWATER, FLORIDA, PROHIBITING THE EXPOSURE OF PRIVATE PARTS OR FEMALE BREASTS IN AN ESTABLISHMENT AT WHICH ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE FOR CONSUMPTION ON THE PREMISES; PROHIBITING THE USE OF ANY DEVICE OR COVERING WHICH SIMULATES PRIVATE PARTS OR FEMALE BREASTS IN AN ESTABLISHMENT AT WHICH ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE FOR CONSUMPTION ON THE PREMISES; PROHIBITING ANY PERSON OWNING, MAIN~ TAINING OR OPERATING AN ESTABLISHMENT AT WHICH ALCOHOLIC BEVERAGES ARE OFFERED FOR SALE FOR CONSUMPTION ON THE PREMISES FROM SUFFERING OR PER- MITTING ON THE PREMISES OF SAID ESTABLISHMENT, THE EXPOSURE OF PRIVATE PARTS OR FEMALE BREASTS OR THE USE OF ANY DEVICE OR COVERING WHICH SIMULATES PRIVATE PARTS OR FEMALE BREASTS; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Ledbetter made a motion that the Council adopt this Ordinance. Councilman Asting seconded the motion. Upon roll call the motion CARRIED 5-0. Ordinance No. 79-0-19 (second reading) AN ORDINANCE AMENDING SECTIONS 19-60 and 19-66(b) OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA; REDEFINING THE TERM "TRASHII, AND FURTHER PROVIDING FOR THE REMOVAL AT THE OWNER'S EXPENSE OF ITEMS NOT CONSIDERED TO BE TRASH; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting made a motion that the Council adopt this Ordinance. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Mayor Christy called a ten minute recess. Meeting called back to order. OLD BUSINESS The Council considered the report from the City Clerk concerning the purchase of the paving equipment that the City Engineer had recommended to the Counc i 1 . Mr. Weser said that according to Ord. 981 Article II Sec. 9-22, the City Council has the authority to waive execution of formal contracts in cases where it deems it advisable to do so. Purchase of supplies, equipment and contractual services from a single source may be excepted from bid requirements upon certification by the City Council stating the conditions and circumstances requiring the purchase. In order to purchase the Seaman Pulvimner and the roller now, Mr. Weser recommend that the Council certify: 1. That due to this equipment being second-hand that the Charter's bid procedure would not be applicable since only one supplier could bid. 2. That this equipment has been inspected, is worth the price, and that it is necessary that the City make a decision immediately in order to take advantage of this low purchase price. 3. That the purchase of this equipment be excepted from the Charter's bid requirements. 4. Authorize the purchase now. Councilman Ledbetter asked if there was any money set up in the budget for the purchase of equipment. \ 6 , . . . o o Mr. Weser said that if the forthcoming budget amendment is approved, there will be money in the Street Department machinery and equipment account to pay for this. Councilman Ledbetter made a motion that the Council authorize putting a binder on this piece of equipment to hold it until we can re-budget the money. If we cannot re-budget the money, the binder would be returned to the City. We can put up $3400 to hold this equipment for thirty days and the money would apply to the purchase price. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. AUDIENCE MISCELLANEOUS Mr. Glaser asked how the paving program would be paid for? Councilman Asting said that he hoped we would be able to allocate some money for this in next year's budget. We can get supplied for this equipment on a state or county contract. Mayor Christy said that we might also be able to get a grant for paving. The Volusia League of Cities is offerinq to its members the services of a grantsperson to help apply for various grants. This service would be free to the member cities. Mr. Nolan asked about contract with Briley, Wild for the Comprehensive Plan. Mr. Weser said that he was waiting for a call from Briley, Wild concerning this and would have a report for the Planning Board at their next meeting. Mr. Cameron said that the Mayor stated in a newspaper article that he was tired of covering up and would not cover up for anybody anymore. He will show this to the newspaper and he will bring it here next week. He added that the Mayor and Councilman Sikes both have double talked at this meeting. He would also like to see Millikan do an audit on the general budget because in the presence of the ex City Clerk he heard her make a statement that if she spilled her guts some people would go to jail. Now if that is the case, there must be some criminal wrongdoings and we should find out about it. Mr. Opal said that he had heard the suggestion, earlier this evening, that the City Clerk should resign. In my conversation with him last Friday I would have done the same thing but I would not have asked him to resign, lid get rid of him. Councilman Sikes said that if there was any question about who gave the news item to the News and Observer he wanted it clearly understood that he gave them the information. Mr. Weser said that the charge has been made that he has had press conferences and made statements to the press. His letter was sent to the Councilman. The contents of that letter, which Mr. Sikes just indicated he divulged, were not quoted by me at any time to members of the press. The statement has also been made that I disregarded the Council in this matter and that is not true. I answered questions, as 11m required to do, when I am asked a direct question by members of the press. I did not at any time summon the press to make a statement. Therefore, in view of these facts and relative to Mr. Astingls comment tonight as to whether or not I could work with Brent Millikan, I can work with the devil himself if that is the case. I think the real question to be decided, and lid like to have an expression from the Council, is whether or not the Council would like me to continue as City Clerk. If it is not their wish, I will resign. Councilman Rotundo, Councilman Ledbetter, and Councilman Sikes indicated that they wished Mr. Weser to remain as City Clerk. Councilman Asting said that he reserved judgement. He felt that Mr. Weser was biased and that he would not be able to work with Brent Millikan and that was why he made that statement. He would repeat that if the City Clerk feels he cannot work with Millikan and aive them h;~ full cooperation 7 , . . . u o when they come in to audit or for any other services they are called upon to do, then he thinks the City Clerk should resign. If you feel you can work with them, he will go along with the rest of the Council. Mayor Christy said that he wanted the City Clerk to continue working wi th the Counci 1 . NEW BUSINESS Home Occupational License - Mr. Kenneth Bucher. The Council considered an application for a home occupational license for Mr. Bucher, 131 W. Connecticut Ave., for an accident reconstruction business. Mr. Bucher said that he was going into business with some partners to reconstruct accidents for lawyers and insurance companies. Councilman Ledbetter made a motion to grant this license. Councilman Rotundo seconded the motion. Upon roll call the motion CARRIED 5-0. Councilman Sikes said that he might be absent from next week's meeting. Councilman Rotundo made a motion to adjourn. Councilman Ledbetter seconded the motion. The meeting was adjourned. Minutes submitted by: Nancy Blazi f&- ~ ~. C---rr~l--. Councilman CDunG ~ (~ cu~.. Councilman AT~EST:~ ~ . tI.4JA.) City Clerk - -.... """ t1- Approv.ed this 9 day of July, 1979. Mayor ~ ~...y' ~~.L'/~ 8