07-14-1987
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CITY OF EDGEWATER
SELF-INSURANCE COMMITTEE
JULY 14, 1987
MINUTES
The second meeting of the Self-Insurance Committee was called
to order at 10:20 A.M. in the City Hall Conference Room.
Present were: City Attorney Jose' Alvarez, City Clerk/Admin-
istrator Connie Martinez, Insurance Agent Gary Schad, and
Sue Koser as recording secretary. Arriving later were:
David Garrett, Recreation Director/Buildings & Grounds Mainten-
ance Superintendent; and Pat DiLeva, Assistant Code Enforcement
Officer/Safety Inspector.
Swimming a.t Menard-May Park was, the first item to be discussed.
City Attorney Alvarez reviewed the correspondence to David
Garrett from the Department of Natural Resources denying the
request to make Menard-May a swim area based on information
they received from the U.S. Coast Guard. He noted that this
denial means they can't put floating or safety devices there.
City Attorney Alvarez read the July 2, 1985, letter from
INA/CIGNA which listed items from their recent survey. He
recalled that the City got the floating devices and placed them
there and a Marine Patrol officer told us to remove them
immediately. He then read the July 2, 1985, memo to him from
City Clerk/Administrator Martinez re: the conversation that date
with the Marine Patrol representative. He reviewed the May 13,
1986, correspondence from David Garrett regarding Council authori-
zation for assuming responsibiity for purchase, placement,
upkeep and eventual removal of the markers. He noted they did
comply with the August 27, 1985, letter. He reviewed the
May 19, 1986, minutes of the Council meeting and the May 20,
1986, letter to Glenn Keefer of D.N.R. He read the ad for the
public notice about the intended restricted area.
He read Dave Garrett's February, 1987, letter to the Army Corps
of Engineers regarding permission to place regulatory buoys,
and then read the February 25th.letter from the Army Corps of
Engineers stating they have nothing to do with it and the permit
is covered by a nationwide permit. He pointed out there are
two letters from two individuals who answered the Coast Guard's
ad. He questioned why the Coast Guard is getting into this in
June of 1987. There was discussion about who notified the
Coast Guard.
Mr. Garrett was called to the meeting at this time for his
input on the subject. He arrived at 10:40 A.M. Mr. Garrett
pointed out that Glenn Keefer is with the Marine Patrol and is
our local contact located in Titusville. City Attorney Alvarez
questioned when Mr. Garrett made the application and City Clerk/
Administrator Martinez noted it was 1/23/87. City Attorney
Alvarez questioned the time lag and Mr. Garrett explained
they gave up on them because it was so late in the season and
they sent another one this year on one of the standard forms
to the Coast Guard,_including the same information.
sent to D.N.R. Mr. Garrett pointed out that a lot of this infor-
mation was verbal because it had never been done before. City
Attorney Alvarez asked if they'd told him after he sent the
application what the procedure will be, except for this letter
of denial. Mr. Garrett replied this letter is all they got back.
City Attorney Alvarez asked if they'd told him there would be a
public hearing and an ad. Mr. Garrett replied they submitted
more information that was requested and they said they'd have a
hearing. He added that everything he sent to one, he sent to
the other, and he got a call from the Coast Guard Auxiliary
saying they sent a letter. City Attorney Alvarez asked what
information they gave him for the public hearing ad since they
have the two letters. Mr. Garrett replied they ran a public ad
in the newspapers. City Attorney Alvarez pointed out that it
seems since we're interested parties, they'd notify us of a
public hearing and we could attend it~ He asked if we were
noticed and Mr. Garrett replied he doesn't remember getting a
notice.
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Swimming at Menard-May Park (Continued) -
City Attorney Alvarez pointed out we could have offered our
facilities to have a public meeting and run an ad or called
the radio stations and had people come in to say why they
want swimming in Menard-May Park. Mr. Schad noted that two
letters were received and they concurred because of that.
City Attorney Alvarez pointed out it's been two years since
the first correspondence in August, 1985, and they have a
perfunctory denial from D.N.R. based on something from the
Coast Guard that got two responses from their ad. He asked
about the City's newspaper ad in the paper. Mr. Garrett
replied we were required to have a public notice, #7 of the
list of requirements. City Attorney Alvarez reviewed we had
to comply with items 1 through 8 based on the August, 1985,
letter and then we sent it to the Law Enforcement Division of
D.N.R. and Coast Guard, and didn't hear from the Coast Guard
except 6 months later saying we didn't make it because of two
letters against it. He calculated the time from the date of
application in January, 1987, to the letter received June 2,
1987, and asked if there were any communications in that six
months. Mr. Garrett replied there may have been a couple of
calls trying to make sure we had the right materials to answer
the questions 1 through 8, plus a call from the Coast Guard
Auxiliary saying they were to make their recommendation to the
Coast Guard. City Attorney Alvarez asked if they had input.
Mr. Garrett replied they asked the size of the beach, how far
out from the channel it will be, and how it will be marked,
but he didn't say whether he was for or against it. City
Attorney Alvarez said they can try to revive it with the public
concern that will be generated if we try to stop swimming
following these two letters. He added we could have had people
in for the public hearing to let the Coast Guard know their
feelings. Mr. Garrett suggested they be contacted and ask for
a public hearing. City Attorney Alvarez noted it's a beach,
and always has been used as a beach. Mr. Schad pointed out
they're asking to make it legal. City Attorney Alvarez said
they can contact the Commander of the Coast Guard and tell him
there's been a misinterpretation, and the application was to
make the beach safer,. since it's always been a beach, and
they can't stop people from swimming there, but want permission
to install floating devices close enough to shore so there
will be no interference with navigation, and keep the area
safe for swimmers.
Mr. Garrett stated the Coast Guard told us to remove them
and the Marine Patrol urged us to bring them closer to a
safer zone, but he has nothing in writing about it. Mr. Schad
asked if the markers are there and Mr. Garrett replied no.
Mr. Schad suggested they send pictures of the area, and old
pictures of what it used to be, to show how it's much safer.
There was discussion about using a video. City Attorney Alvarez
suggested a letter and pictures saying they need to meet with
him as soon as possible. After further discussion, Mr. Schad
called Captain T. M. Nutting, Coast Guard in Miami. He asked
where the notice was published and was told it was a local
notice to mariners. He advised Captain Nutting we'd like to
reopen this or reapply and send pictures. Mr. Schad advised
the Committee that D.N.R. doesn't have to contact the Coast
Guard or adhere to it if they get it. He noted they can get a
Federal law to overrule the State law. City Attorney Alvarez
asked if they'll attend a public hearing and Mr. Schad replied
they'll send a representative.
-2- Self-Insurance Committee
Meeting Minutes
July 14, 1987
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Swimming at Menard-May Park (Continued) -
City Attorney Alvarez suggested there be a public hearing
and post the notice on the beach regarding tBe meeting with
representatives from the Coast Guard and Marine Patrol to
make a determination if it's to continue as a safe swim area.
The date and time were determined to be Monday, July 27th, at
2:00 P.M. in the Community Center. Mr. Schad called Colonel
Ellingsen, Director of the Florida Marine Patrol, and spoke
with Inspector Harper. The ad for the public hearing was dis-
cussed and it was decided to call it by the Self-Insurance
Committee and invite the Council and the Parks and Recreation
Board to attend the meeting, chaired by City Attorney Alvarez.
City Attorney Alvarez stressed this is a very sensitive public
issue.
Baseball pitching machine and wind surfing were then reviewed.
City Clerk/Administrator Martinez reviewed Dave Nichols' request
to Council three years ago and its denial. City Attorney Alvarez
said with the channel and boats, there's no way, and he suggested
they send a memo to the Board that it will not happen because
it's against public policy because of boats going out there.
There was discussion about the Board's involvement in the
pitching machine. Mr. Garrett said he's talking to other cities
and wants more legal opinion~ He added that they seemed to have
improved them in technology. Mr. Schad noted that the problem
is with the operators. Mr. Garrett stated they will have an
instructor and the City has taken over the responsibility.
City Attorney Alvarez said they need a release with the pitching
machine. Mr. Garrett noted they sign a release now, and he
said more kids have been hit by pitchers than by machines.
Windshield broken at ballfield was briefly discussed. Mr. Schad
suggested she be told her insurance company is primary. There
was discussion about how the City would be liable. Mr. Schad
pointed out people assume liability when they go to. that
kind of event. City Attorney Alvarez noted it was an accident.
Raft Race at Kennedy Park - City Clerk/Administrator Martinez
stated W.C.C.Z. is bringing a memo to Council on Monday night
regarding this. City Attorney Alvarez asked how this differs
from a regular boat there. City Clerk/Administrator Martinez
suggested they can ask for special public events indemnity
since it's City property. City Attorney Alvarez agreed they
must sign the indemnity agreement and provide certificate of
insurance if Council approves it, due to the exposure. Mr.
Schad questioned if they should include an event or spectator
policy, or if special events covers that. City Clerk/Adminis-
trator Martinez asked about traffic control and City Attorney
Alvarez said costs incurred for the Police Deparmtent and workers'
compensation for Police should be paid by W.C.C.Z. City Clerk/
Administrator Martinez then asked if we can request they clean up
as they found it. City Attorney Alvarez replied yes, or they'll
pay it. City Clerk/Administrator Martinez advised she was told
they have a Coast Guard permit. City Attorney Alvarez asked that
they furnish a copy of the permit.
City Clerk/Administrator Martinez asked about charging fees to
launch the rafts since the ordinance says no private enterprise.
Mr. Garrett said he thinks they're using the fee for advertising
for the radio station.
Mr. Schad then talked with Inspector Harper and advised him the
details of the July 27th meeting re: the swim area at Menard-May
Park. Mr. Schad was advised they'll have a local supervisor here
who can make decisions. Mr. Schad then called Miami to advise
them the Marine Patrol will be attending our meeting and inviting
them to attend. City Attorney Alvarez prepared an ad for the
newspapers and to be posted at the location. He suggested a memo
be sent as soon as possible to the Council and the Parks and
Recreation Board to advise them of this meeting.
-3- Self-Insurance Committee
Meeting Minutes
July 14, 1987
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Raft Race at Kennedy Park (Continued) -
Mr. Garrett asked if he can be pulled in legally on this and
City Attorney Alvarez replied the City has nothing to do with
it, and they're just using the facilities and will pay for
everything and clean it up. Mr. Garrett noted that Council
might volunteer it, and City Attorney Alvarez said no, it's
not a City function, it's just using City facilities. City
Attorney Alvarez asked who would be in the water in case of a
problem with the raft and what the safety program is. He
pointed out we determine the conditions for using our facilities,
and we need to ask if there's a boat there to aid in case of
accident. He suggested the City send a verification to local
Coast Guard and local mariners to advise them, if Council
approves it. City Attorney Alvarez added that all City
ordinances will have to be complied with and it's not recommended
by the Self-Insurance Committee or the Safety Officer.
Mr. Pat DiLeva, Assistant Code Enforcement Officer/Safety
Inspector, arrived at the meeting at this time, 12:08 P.M.
Mr. DiLeva stated that he very strongly recommended against it.
Mr. Garrett recommended against it. City Clerk/Administrator
Martinez noted that the Chief of Police has recommended against
it also. City Attorney Alvarez cited the dangerous conditions
existing with oyster beds and boat traffic in the Intracoastal
Waterway. He noted that recent letters from the Coast Guard and
D.N.R. make swimming at Menard-Maya risky affair and this
would be a higher risk event and any activity authorized by
Council should be conditioned.
Vicious Dogs ordinance - City Clerk/Administrator Martinez
reviewed the pit bull problem in Oak Hill and the dog was
returned to the owner. Mr. DiLeva said our ordinance isn't
strong enough and he'd like to suggest wording to make it more
stringent. He added that he doesn't want to use the term pit
bull, but use vicious dogs. City Attorney Alvarez noted it's
any dog trained for attack or fights, and list the types, and
they can't be loose under any conditions, or if found loose,
they could be destroyed. Mr. Schad noted that with homeowners'
policies, they ask if they have vicious dogs. Mr. DiLeva asked
if they need stronger punishment if they're running loose.
City Clerk/Administrator Martinez said it's just for enforcement
and the Police Department ageed it's not stringent enough.
City Clerk/Administrator Martinez suggested she'd call Florida
League of Cities for model ordinances. Mr. DiLeva said they
want to detain a dog instead of just giving fines. There was
discussion about current procedures for detaining dogs. It
was decided that Florida League of Cities would be contacted.
Cindy D'Emilio auto accident - City Attorney Alvarez reviewed
the letter sent by her Attorney Ward T. Berg, which enclosed
an estimate of repairs for damage to vehicles for her and for
Mr. Lewandowski. He noted the estimates are $2,149 for Mr.
Lewandowski's car and $2,239 for Mrs. D'Emilio's, with a second
estimate of $2,207 for her car. He noted that they allege the
stop sign is obstructed. There was discussion at length regarding
the distance of the three palm trees and which tree was supposed
to have obstructed the sign. Mr. Schad pointed out that the
lady lives on that street, and she didn't know where ,the stop
sign is. Mr. DiLeva noted this is pavement and they can stop
more readily. There was discussion about response time for that
speed to stop the vehicle. It was noted that it was at about
65 feet. The Committee reviewed the original pictures which
were brought over by the Police Department, and those of the
Safety Inspector. There was discussion comparing the cost to
pay the claim compared to go to court and winning it. City
Attorney Alvarez noted this is property damage only, and not
bodily injury. He noted we have six months to communicate.
City Clerk/Administrator Martinez and Mr. Schad said they didn't
feel we should assume the responsibility. Mr. DiLeva agreed.
City Attorney Alvarez said he likes to wait the amount of time
the law allows.
-4- Self-Insurance Committee
Meeting Minutes
July 14, 1987
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Tractor/van accident 7/13/87 McFarland - Mr. DiLeva showed a
copy of the accident report and presented pictures taken at
the scene. City Clerk/Administrator Martinez asked if anyone
has been charged and Mr. DiLeva replied no. There was dis-
cussion about the report. Mr. Schad noted that according to
State law, you're responsible for drivers in each lane when
you're passing. City Attorney Alvarez asked the extent of
damage to the truck and Mr. DiLeva replied it was the radiator
and bumper. City Attorney Alvarez said it looks like a 50/50
liability. City Attorney Alvarez then asked for statements as
to just what the tractor driver was doing about the change to
the left. Mr. DiLeva said he was told he went to the left to
let the man pass on the right. It was agreed this was just
for information and a statement would be obtained from the
driver.
City Attorney Alvarez asked Mr. DiLeva about a stop sign being
broken the previous Friday and Mr. DiLeva said he reported it
and talked to Gloria, who puts up the signs. He added there
must be a dozen or more stop signs with branches hanging over and
he'd like the crews to go out and cut the branches before she
puts up the stop signs. City Attorney Alvarez stressed that a
sign obstructed, whether old or new, must be cleared immediately.
He added that it has to be visible. He reviewed the reporting
procedure of orally immediately and followed up with a short
memo. Councilman Asting, who was in the audience, said a stop
sign on Sabal or Victory on Indian River Boulevard is turned
on an angle on the north side. City Attorney Alvarez stated
that someone should be dispatched out to repair the stop sign
as soon as it's reported.
City Attorney Alvarez reviewed the procedure for handling cases
with police reports, pictures, and other documents, and a reserve
set aside for claims.
Mr. DiLeva asked about the Fire Department's diving team
being used for boating accidents. City Attorney Alvarez
suggested that it be on the next agenda with back up
material.
Meeting closed at 1:55 P.M.
Minutes submitted by:
Lura Sue Koser
-5- Self-Insurance Committee
Meeting Minutes
July 14, 1987