04-05-1999 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
APRIL 5, 1999
7:00 P.M.
COMMUNITY CENTER
MINUTES
CALL TO ORDER
Mayor Allman called the Regular Meeting to order at 7:00 p.m. in
the Community Center.
ROLL CALL
Mayor Randy Allman
Councilman James Gornto
Councilman Myron Hammond
Councilman Gary Roberts
Councilwoman Judith Lichter
City Attorney Nikki Clayton
city Manager Kenneth Hooper
city Clerk Susan Wadsworth
Police Chief Lawrence Schumaker
Present
Present
Excused
Present
Present
Present
Present
Present
Present
INVOCATION. PLEDGE OF ALLEGIANCE
There was a silent invocation and pledge of allegiance to the
Flag.
Mayor Allman informed Council Item 7A would be moved up following
City Council Reports on the agenda.
APPROVAL OF MINUTES
A. Reqular Meetinq of March 15, 1999
Councilman Gornto made a motion to approve the March 15, 1999
minutes, second by Councilman Roberts. The motion CARRIED 3-1.
Councilwoman Lichter abstained due to not being present at this
meeting.
CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY
Bill Bennett, Detective Sergeant Edgewater Police Department and
local representative for the Fraternal Order of Police, spoke
about a poll and survey regarding the pension plan. He had 34
signatures and they all supported the current proposals as is.
He read a letter from Paul Fafetta, Staff Representative,
Fraternal Order of Police, Florida Labor Counsel.
Mr. Bennett informed Council Phil Cook, Secretary, local F.O.P.
was present as well as Corporal Gary Conroy who both support
this.
Mr. Bennett asked council to respect their decision and feelings
regarding this matter and for them to do what a majority of
people want Council to do. Let them control their own future.
Item 7A - Presentation - Executive Director Don Feaster to
present the main efforts and accomplishments, and future
challenges of the Volusia Water Alliance.
Don Feaster, Executive Director, Volusia Water Alliance, stated
he brought with him Linda Funicello, who has put together a power
point presentation. He will finish the presentation and answer
any questions after Ms. Funicello is done.
Ms. Funicello made a slide presentation and presented an overview
of the Water Alliance and discussed their main efforts and
accomplishments.
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Mr. Feaster covered the challenges and opportunities they see for
the future of the Water Alliance. He asked Council if they have
any questions.
Councilwoman Lichter feels Mr. Feaster covered everything.
Councilman Gornto asked about the slide regarding the grants. He
assumed the slide meant the Alliance helped the cities get the
grants. Mr. Feaster informed him that is correct and further
elaborated on the grants.
Councilman Gornto spoke about Edgewater not being listed as a
recipient and asked about New Smyrna. Mr. Feaster explained
Edgewater applied one time and wasn't eligible.
Councilman Roberts asked how long they have been doing grants.
Mr. Feaster informed him four years. Dept. of Environmental
Services Director Terry Wadsworth explained the reuse water in
Edgewater was done in 1992-1993 before the grants were available.
Dick Jones, 1530 Sabal Palm Drive, asked about the budget of the
Water Alliance. Mr. Feaster informed him their current budget is
$200,000. Mr. Jones asked where that money comes from. Mr.
Feaster explained of the $200,000 it comes from the cities based
on a percentage of water produced.
Mr. Jones asked about the County facility and resources and if
they are accessible to the Water Alliance. Mr. Feaster stated he
is not a County employee, he serves at the pleasure of the board.
Mr. Feaster explained he works for the Volusia Water Alliance,
which is the Volusia Water Advisory Board appointed by the County
Council who review what they are doing.
Mayor Allman thanked Mr. Feaster for coming.
CITY COUNCIL REPORTS
Councilman Roberts made a presentation regarding a landscape plan
he is proposing for the Fire station on u.S. #1. Fire Chief
Tracey Barlow informed the Council of the ribbon cutting for the
new fire station on Hibiscus Drive on April 24th.
Councilman Roberts thanked Michael Tanksley for his help.
Councilman Gornto asked about the parking on the far side.
councilman Roberts informed him there is shell next to the
concrete right now.
Councilman Gornto feels there should be paved parking and that
they should set an example.
Councilwoman Lichter asked about funding. city Manager Hooper
explained he was planning to do it at the mid-year budget
probably the first week in May.
Mr. visconti asked if they could buy plants in containers and put
them along u.S. #1 in different locations.
Councilman Roberts explained if you put them on the sidewalks you
still have to deal with D.O.T. city Manager Hooper also
mentioned the irrigation problem.
Councilwoman Lichter suggested the Recreational Services Board
discuss placing plants in front of some of the businesses on u.S.
#1.
There was a brief discussion regarding obstacles they deal with
when dealing with D.O.T.
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Councilwoman Lichter also thanked Mr. Tanksley for his help with
the planning of the mural. She spoke about a mailbox she placed
on the fence next to the mural a long with a resume written by
JoAnne Sikes explaining what is going on.
Councilwoman Lichter spoke about riding with a gentleman up and
down Guava and Hibiscus where he pointed out code infractions
they need to direct their attention to.
Mayor Allman had nothing at this time.
Councilman Hammond was excused.
Councilman Gornto had nothing at this time.
PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS
A. Public Hearinq - Public review/comments on the proposed
Charter revisions
Mayor Allman opened the public hearing.
City Manager Hooper made a staff presentation regarding the
summarized version of the proposed changes from the Charter
Review Committee. The request is for Council to direct staff to
prepare an ordinance with the changes.
Dominic Capria, 606 Topside Circle, asked if he would be in order
to ask questions as well as give his opinion on what should be
changed.
Mr. Capria thanked City Attorney Clayton for going over some of
the things with him.
Mr. Capria went over questions he has on the following sections
of the Charter: section 2.02, section 3.05, section 3.08(b),(d),
and (e), and district voting from the minority report presented
by the Charter Review Committee. City Manager Hooper answered
Mr. Capria's questions.
Ed Keenan, 1905 pine Tree Drive, spoke about the problem he has
with the limitation on annexation of 250 acres.
Mayor Allman closed the public hearing.
Councilman Roberts spoke about section 2.02 - Limitations on
Annexation. He doesn't think they should put on a limit on this.
Councilman Roberts also spoke about the restrictions on
borrowing. He feels the figure needs to be flexible because
inflation changes the economy all the time. He feels 15 to 25%
on reserves is a very comfortable area.
Councilwoman Lichter asked if they would have a workshop where
each councilperson could have input on every area.
city Manager Hooper informed Council of his plans.
they prepare this in an ordinance format so Council
final language. Tonight is to get public input for
tell him if there are any additions or deletions.
He proposed
could see the
Council to
Councilwoman Lichter feels staggered terms should be put in to
see if the citizens want it or not. There was further discussion
regarding staggered terms.
Mayor Allman stated it is the consensus of Council to bring this
back in the form of an ordinance as well as language that would
give Council options on staggered terms. This will be scheduled
for the first public hearing in May.
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George Ewing, Royal Palm Drive, feels the City Manager's idea is
very good but they haven't heard what Council would like to see
changed. He thinks Council should have a workshop to decide on
the changes they would like to see. Mayor Allman informed him
that will come with the first reading.
The meeting recessed until 8:30 p.m.
B. Public Hearinq - Ord. No. 99-0-05, enactinq the General
Employees Pension Board, amendinq Chapter 13 (Personnel), Article
III (Retirement System), by addinq section 13-40 (General
Employees Pension Board)
Mayor Allman read Ord. No. 99-0-05 and opened the public hearing.
Due to there being no comments, Mayor Allman closed the public
hearing.
Councilman Gornto moved for approval of Ord. 99-0-05, second by
Councilman Roberts. The motion CARRIED 4-0.
C. Resolution No. 99-~-02, appointinq board members to the
General Employees Pension Board
Mayor Allman read Res. 99-0-02.
Councilwoman Lichter made a motion to put on the board as a
permanent matter these five individuals and add from our own
Council, Councilman Gornto.
Councilwoman Lichter moved for approval of Res. 99-0-02 and
appointed Councilman Gornto, second by Councilman Roberts. The
motion CARRIED 4-0.
Mayor Allman opened and closed the public hearing due to there
being no comments.
City Manager Hooper informed Council the two representatives from
the non-supervisory capacity are volunteers.
D. First Readinq, Ord. No. 99-0-08, repealinq Ord. No. 97-0-01,
restatinq and adoptinq the Police Retirement Plan
Mayor Allman opened the public hearing and asked City Attorney
Clayton to read Ord. No. 99-0-08, which she did at this time.
City Manager Hooper summarized the changes to the ordinance.
Staff recommends approval as is.
Phil Cook, 1621 willow Oak Drive, Fraternal Order of Police,
thanked city Manager Hooper for his hard work and the time spent
negotiating with Gary Conroy, Chairman of the Pension Board, Bill
Bennett, local FOP representative and the Mayor and Council.
Mayor Allman stated he is totally and completely for this
He feels the Edgewater Police Department does one heck of
He stated this is going to be retroactive back ten years.
have a policeman who was injured in the line of duty
catastrophically and will never be able to work again. He would
like to see them go back to this officer's disability date of
6/1/95 and pay him retroactive the additional amount of $305 per
month he will receive. He would like to see Council approve
this.
plan.
a job.
We
Councilwoman Lichter asked if they should vote on this first and
discuss that as a totally separate issue. Mayor Allman stated
however you want to do that is fine.
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City Manager Hooper explained the process they will need to
follow.
Councilwoman Lichter made a motion to approve Ord. 99-0-08,
second by Councilman Gornto. The motion CARRIED 4-0.
Mayor Allman asked for a consensus of how Council feels about the
previously mentioned issue. He again mentioned the officer that
has been retired in the line of duty for a catastrophic injury.
He is looking to give him the full benefit of the contract as
well as the officers that are on right now. He doesn't feel they
should overlook a man of that stature. He doesn't feel this is
going to be a big cost to the City and morally they need to do
this.
Councilman Roberts asked if they should wait for the figures to
come back after City Manager Hooper has gotten the actuarial
done.
City Manager Hooper stated he can provide the numbers. What the
Mayor is describing is a period in which there would be
retroactive payment of the 2 percent changing to 3 percent. It
would be a total of $305 per month for 47 months with a total of
a little over $14,000. Mayor Allman feels it would be their way
of saying thank you to the policemen. Unfortunately we have one,
fortunately it is only one.
Councilman Gornto stated he is not familiar with the
circumstances. He doesn't know what they are talking about. He
doesn't even know the person's name.
Chief Schumaker explained what happened to Sergeant Westfall.
Councilwoman Lichter asked if Ms. Sigler was in personnel back
then. She asked if there is anything else to be added. City
Manager Hooper stated part of what she may be talking about is
did the City do what it was supposed to do at the time. He
thinks the answer to that is he received all the benefits he had
coming. The City at the time paid health insurance benefits for
him and for his wife. There has been a large and very vocal
struggle over whether this income for disability should be
taxable or not. At the last pension board meeting chaired by Mr.
Conroy, that was an issue and Mr. Ascherl described to them that
it is a tax code problem. It is not a problem for the pension
board to really look into. There has been some discussion as to
whether things were done timely. He can't answer that. He has
looked at the records but as quick as they could they did some
things that could have been done different and probably should
have.
Chief Schumaker feels the prime mover within the department to
get the retirement and injuries updated to more current was a
direct result of that. Corporal Conroy absolutely indicated that
had his family been in the jeopardy that Sergeant Westfall's
family was he would not be a police officer in this City today
because he wouldn't be able to afford to take 25% of his salary
and bring up a young family. As a result of Sergeant Westfall's
injury, a lot of officers in the department started to reflect on
their future and their families future. We have worked
relatively hard to bring this attention to Council and to get our
pension and disability updated to more reasonable figures.
Councilman Roberts asked if it would be appropriate to set a date
for a certain individual as opposed to one year, two years, five
years or ten years. Mayor Allman stated he believes his date of
disability retirement as he understands is 6/1/95 which City
Manager Hooper verified is correct. Councilman Roberts asked if
they are setting this policy up just for this man. Retroactive
policies are for all employees, for everybody involved in the
system.
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City Manager Hooper explained it would cover anyone in the
system. It just so happens there is one individual. He spoke to
Principal and asked if Council can make it retroactive to any
date and the answer is yes.
City Manager Hooper commented on what he explained to the Pension
Board.
Councilman Roberts asked what fund it would come out of. City
Manager Hooper proposed the General Fund.
Mayor Allman asked Councilwoman Lichter her consensus feeling.
She stated she feels pulled and tugged. She knows in her own
profession that when she took a job she took it under those
circumstances at that time. If things changed ten years later,
it never changed how she started. Her heart strings apply but
also her financial responsibility to the citizens are pulling
her. She asked if there might be a happy compromise in this
situation and something that doesn't sound quite so deep might be
the answer.
Councilman Roberts stated the City is not obligated to do
anything beyond what they have approved. City Manager Hooper
explained they have met the obligation. The Pension Board has
met their obligation. He believes all the way through the
obligations that go to his disability and retirement have been
met contractually.
Councilman Roberts stated what has made him feel awkward is this
gentleman is someone who supported me in the campaign and
contributed to his campaign fund. He doesn't want people to
think this is special interest and he is getting payback. A
fairly large sum of money is being talked about for a single
individual going back four years to something that happened when
they were not in office. He spoke about going back two years
retroactive and pay him a certain amount to help him out. He is
also getting the increase of over $300 per month on top of that.
He questioned if this would be a reasonable compromise.
Mayor Allman stated he doesn't think it is a matter of helping
him out. He contributed to his campaign too. He is the only
policeman we have had that has been put in the position he is.
He is not going to get a COLA. He spoke about having to pay for
things he can no longer do. He has been injured serving the
people of the City of Edgewater. He thinks it is our way of
bringing him up to snuff with the current contract. He feels it
is giving him something that he has coming and it is morally
right that we do this.
Councilman Roberts stated he is just concerned with the
impression it gives. Mayor Allman stated he can't help but feel
that if they were really worried about what people thought they
might have done things different October 6, 1997.
Councilman Gornto knows how the Mayor feels about this. Two
councilpeople to your right are suggesting they want to support
Mayor Allman in some way. with the compromise, they are not
comfortable with the amount. Councilman Gornto stated if Mayor
Allman wants to put it to a vote, pass the gavel and make a
motion or they could work out a compromise and then make the
motion.
Councilman Roberts made a motion to go retroactive two years,
second by Councilwoman Lichter.
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Mayor Allman stated now they are nit picking. What we are going
to do is cut it in half and say okay he is worth half of what he
had coming. He is not trying to give the man anything. All he
is trying to do is give the man what he feels in his heart he has
coming. If we give him half, then half is what it is.
Councilman Roberts stated if they went back and tried to fix
every problem the City caused over the last twenty years they
would never have enough funds. Mayor Allman stated but they do
have an opportunity right here and right now to fix one and we
were told the funds are available.
Councilman Roberts spoke about taking the responsibility to help
this gentleman out and be responsible to the taxpayers at the
same time being why they work out of compromise.
Councilman Roberts stated legally there is nothing to bind us to
it. Mayor Allman stated legally there is nothing, it is called
morally.
Councilwoman Lichter asked Mayor Allman if he would like them to
rescind their motion and he could make another one. Mayor Allman
stated it wouldn't do any good.
The motion CARRIED 3-1. Mayor Allman voted NO.
E. First Readinq, Ord. No. 99-0-06, Amendinq Chapter 4
(Alcoholic Beverages) by amendinq section 4-5(A) (Hours of Sale),
addinq sections 4-7 (Definitions), 4-8 (Closinq Restrictions), 4-
9 (Set-ups), 4-10 (Consumption of Alcohol on the Premises of
Unlicensed Commercial Establishments), 4-11 (Consumption in
Public Places/Siqnage Required), 4-12 (Possession of Open
containers), and 4-13 (Penalties)
Mayor Allman read Ord. No. 99-0-06 and opened the public hearing.
City Manager Hooper made a staff presentation.
Andy Anderson, pine Tree Drive, asked what changes they are
talking about and if any of these present ordinances are up for a
change or are they going to stay the way they are.
City Attorney Clayton explained this is a comprehensive open
container and hours of operation and adding definitions and
giving some meat to State Statutes so local police have clear
local ordinance language they can use when they want to bring to
a bartender or patrons attention regarding open container
regulations or hours of operation.
City Manager Hooper informed Mr. Anderson he could have his copy
that has the changes underlined.
Mr. Anderson spoke about a publication he received from one of
the State Senators concerning alcohol involvement in accidents.
Alcohol involved with accidents is higher in Edgewater than in
Miami. City Manager Hooper clarified percentage changed.
Councilman Roberts made a motion to approve Ord. No. 99-0-06,
second by Councilman Gornto. The motion CARRIED 4-0.
F. First Readinq - Ord. No. 99-0-07, amending Chapter 17
(Traffic) bv the addition of Article IV (Towing or Impoundinq of
Vehicles)
Mayor Allman read Ord. 99-0-07 and opened the public hearing.
Due to there being no comments, Mayor Allman closed the public
hearing.
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Councilwoman Lichter made a motion to approve Ord. 99-0-07,
second by Councilman Gornto. The motion CARRIED 4-0.
CONSENT AGENDA
A. Community Redevelopment Block Grant - Staff recommendinq City
Council authorize submittal of the proposed five-year budqet to
the County by April 15. 1999 ($108.640 per year)
Councilman Gornto made a motion to approve the Consent Agenda,
second by Councilman Roberts. The motion CARRIED 4-0.
OTHER BUSINESS
A. Presentation - Executive Director Don Feaster to present the
main efforts and accomplishments. and future challenqes of the
Volusia Water Alliance
This was discussed earlier on the agenda.
B. Disability Insurance Plan - Staff recommendinq city council
provide to all city employees the Paul Revere Life Insurance
Company disability plan
city Manager Hooper made a staff presentation. Staff
recommendation is to take the low bid which is Paul Revere Life
Insurance Company.
Councilwoman Lichter asked if this covers just police or all
employees. City Manager Hooper informed her it is for all
employees and presented a summary of what this insurance will do.
Councilman Gornto moved for approval, second by Councilwoman
Lichter. The motion CARRIED 4-0.
OFFICER REPORTS
City Clerk Wadsworth had nothing at this time.
City Attorney Clayton had nothing at this time.
City Manager Hooper
1) citizens Assistinq Police (C.A.P.) Proqram update
City Manager Hooper and Police Chief Schumaker made a staff
presentation on the citizens Assisting Police program.
Councilwoman Lichter thanked Chief Schumaker for this program.
councilman Gornto asked what if their status would be a
volunteer. Chief Schumaker explained they would be volunteer and
as the program grows it would develop its own structure.
City Manager Hooper spoke about start up costs.
councilman Gornto asked if there are any grants to fund this.
City Manager Hooper informed him they are looking into that.
Councilwoman Lichter asked if they would see the applications at
their next meeting. city Manager Hooper informed her it would
probably be a month or two.
Mayor Allman also complimented Chief Schumaker for a superb job.
Councilwoman Lichter made a motion to accept the package and
authorize Staff to proceed, second by Councilman Gornto. The
motion CARRIED 4-0.
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2) Edqewater YMCA facility information
City Manager Hooper presented a report on the YMCA.
GENERAL CITIZEN COMMENTS/CORRESPONDENCE
Andy Anderson, Pine Tree Drive, feels the idea of the C.A.P.
program is an excellent idea. He also feels they should not
annex more than 250 acres at a time. He asked if people have a
choice whether or not they want to annex. City Attorney Clayton
explained state statutes has certain regulations that apply
depending on the size of an area to be annexed and there are two
different types being a voluntary annexation and an involuntary
annexation.
Mike Visconti, 316 Pine Breeze Drive, expressed concern about the
water level allover Florida. He recommended to Council giving
containers to each property owner to collect rain water from
their drains, gutters and leaders to conserve water.
ADJOURNMENT
There being no further business to discuss, Councilman Gornto
made a motion to adjourn. The meeting adjourned at 9:20 p.m.
Minutes submitted by:
Lisa Kruckmeyer
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