03-01-1999 - Regular
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CITY
COUNCIL OF EDGEWATER
REGULAR MEETING
MARCH 1, 1999
7:00 P.M.
COMMUNITY CENTER
MINUTES
CALL TO ORDER
Mayor Allman called the Regular Meeting to order at 7:59
p.m. in the community Center due to a workshop prior to this
meeting.
ROLL CALL
Mayor Randy Allman
Councilman JaJnes Gornto
Councilman My~on Hammond
Councilman Ga1iY Roberts
Councilwoman Judith Lichter
City Attorney Nikki clayton
City Manager Kenneth Hooper
City Clerk Susan Wadsworth
Police Chief Lawrence Schumaker
Present
Excused
Present
Present
Present
Present
Present
Present
Present
INVOCATION, PLEDGE OF ALLEGIANCE
There was a silent invocation and pledge of allegiance to
the Flag.
APPROVAL OF MINUTES
Reqular Meetinq of Februarv 1. 1999
Councilman Hammond made a motion to approve the February 1,
1999 minutes, second by Councilman Roberts. The motion
CARRIED 4-0.
CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY
Phil Cook, 1621 willow Oak Drive, urged the Council to do
all they can in this area to increase the benefits for the
police officers. He feels the city Manager has done a
tremendous job in working with the officers and the members
of the Pension Board.
Mr. Cook spoke about the heart bill and firefighters
receiving a Heart Bill because of heart inhalation. He felt
that has some merit but the Heart Bill also is there because
of the stresses of the job.
Mr. Cook feels 60% or 66% are both better than 25%. He is
embarrassed to think the police officers working tonight
have only 25' disability for line of duty. He feels this
needs to be qhanged immediately.
Mr. Cook spoke about there being hazards in all jobs. He
feels the garbage men and parks workers should be able to
take care of their families as well.
Mr. Cook stated we have a wonderful Police Department that
is recognized throughout the County for the quality of the
agency. Take care of your officers and do the right thing.
Ron Prekup, 1829 Lime Tree Drive, feels Council needs to
look seriously at some of the changes for the officers.
Mr. Prekup stated the Pension Board recommended unanimously
the 66 2/3% for disability. He feels the insurance policy
should be for police officers only. He doesn't feel it is
in the best interest to do a blanket policy to cover
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everybody. He spoke about social security standing on its
own. They are going to tell you what you can and can not
do.
Mr. Prekup spoke about the cost of living. The taxes go up,
expenses go up, gas for your car goes up and the standard of
living goes up.
Mr. Prekup stated it makes it so much easier for the City
and Chief of Police to keep good men here if there are good
benefits to offer.
Mike Visconti, 316 pine Breeze Drive, spoke about the
joining of the Beautification & Tree Committee and Parks and
Recreation ~oard. He read a letter of resignation from Rose
Hoffman. H~ feels beautification is important and he hopes
that Parks and Recreation will have that in mind and have
the City in mind to beautify and landscape the City.
Andy Anderson, pine Tree
for the police officers.
Manager has had to say.
He thinks they should do
we have very good police
excellent job.
Dick Jones,' 1530 Sabal Palm Drive, spoke about when vehicles
are purcha~ed under state Bid that they have the ability to
because of quantity buys reduce the cost. He asked about
the cost of Item 6C on the agenda. He wondered why the City
is paying prices that are higher than normal.
Drive, spoke about the disability
He concurs with what the City
He thinks he has the right idea.
what the City can afford. He feels
officers in the City and they do an
Mr. Jones is in favor of the Council doing things that are
proper for the police and firemen. He spoke about cost of
living inflation. He recommended Council look at COLA's and
how much they decide to give them.
Mr. Jones spoke about there is one police officer that gets
100% disability and he doesn't want to see the Council stop
at 62%. He feels he should get 100% of his pay from the
time he was hurt.
Gary Conroy, Chairman, Police Pension Board, spoke about a
cost impact study for COLA. He spoke about what other
cities are paying and not having what the City is going to
have. He spoke about focusing on a good foundation and next
year or the year after, start looking at some other things.
CITY COUNCIL REPORTS
Mayor Allman had nothing at this time.
Councilman Jammond feels the miles per hour needs to be
looked at at Old county Road and Park Avenue.
Councilman Hammond spoke about the mural and concerns raised
about this not going out for public bid. He thinks they
have that problem settled.
Councilman Roberts asked City Manager Hooper how McKim &
Creed is doing on the design for the building for the
recreation center and when we will see more detailed plans
and have a construction schedule. City Manager Hooper
presented ~n update. He suspects they are at 60%. It will
be on the ~genda for the first meeting in April.
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Council Regular Meeting
March 1, 1999
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councilmaQ,Roberts spoke about comments made be Mr.
visconti. : ~... e feels they have probably allocated more money
for beauti~~cation than any Council has in the past. The
only thing "holding up the beautification on U.s. #1 is DOT.
Councilman Roberts asked for an update on when they should
expect to get permitted for that project. Parks and
Recreation Director Jack Corder informed Council last Friday
he received a letter from DOT requesting additional
information. Hopefully it will be back within this week so
we can get the process further along.
Councilman Roberts asked once we have a permit, how long
will it take to do the two north medians. Mr. Corder stated
less than 30 days.
Councilman Roberts asked about one island on the south end
of the City. Mr. Corder explained this permit is for the
two north medians. At the next meeting the Board has, they
will be addressing the south island as far as design.
Councilman Roberts spoke about problems with the roads in
the older subdivisions. He feels they need to take the time
and look into resurfacing and the base of the roads. He
suggested a cost analysis of what it would take to work on
those roads and some long range plans and have a paving
program for.those subdivisions.
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councilwoman Lichter s~~ke about an article in the News
Journal on February 12 regarding the cities in Volusia
County receiving some money from a case settlement that goes
all the way back to 1973 when some of the gas companies
fixed the price of gasoline. We were supposed to get
$10,000. She has found out we get almost double that but it
must be used for road purposes. She spoke about a few roads
in Edgewater that are not paved at all. She asked to look
into this money.
councilwoman Lichter spoke about the problem solvings she
has been a~tending for every city in Volusi~ county. She is
on the Fire/Rescue Committee. On March 29t there will be
a public workshop from 6:00 to 8:00 at the piggotte
community Center in south Daytona. The meetin~ that
involves this council will be held on April 12 h. They are
trying to get a consensus for this model that is finally
coming forth on how the cities can work with the County for
the most efficiency and economically. She invited the
Council from 6:00 to 9:30 at the Daytona Beach Community
College.
Councilwoman Lichter was upset from a letter Mr. Wadsworth
wrote to st. John's River Water Management District. She
spoke about Edgewater being in trouble with the water
situation in the year 2002. In his letter to st. John's, he
doesn't feel we will have a problem. She asked Mr.
Wadsworth to explain this discrepancy.
Director of Environmental Services Terry Wadsworth explained
the information that was generated was based on a recent
computer model run. He feels there is some flawed
information. We are ~oing to protest their findings. There
is a meeting March 23 d that he and the City Manager will
be attending where they will express their feelings.
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Council Regular Meeting
March 1, 1999
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Councilwoman Lichter stated she tried contacting the
gentleman, earlier spoken about by Councilman Hammond,
several times and couldn't get a hold of him. Mr. Canova's
name was re10mmended to me from the Beautification & Tree
Committee V~ce-Chairman. She has spoken to the gentleman
mentioned by Councilman Hammond.
PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS
A. Public Hearina - Ord. NO. 99-0-01. reoealina of section
14.54.1 (Establishment of Edaewater Beautification and
Tree Committee): and Ord. No. 99-0-02. amendina Section
12.5-11 (Created). section 12.5-12 (Membershio) and
section 12.5-13 (Duties) of Article II (Parks and
Recreation Board) by chanaina the name to Recreation
and cu~tural Services Board.
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Mayor Allm~n read Ord. 99-0-01 and Ord. 99-0-02 and opened
the public hearing.
City Manager Hooper made a staff presentation. If approved,
their first meeting is scheduled for March 11th
Councilwoman Lichter stated she wouldn't be voting in the
affirmative unless she sincerely believes it will be for the
best.
There being no public comment, Mayor Allman closed the
public hearing.
Councilman Roberts moved for approval of Ord. 99-0-01,
second by Councilman Hammond. The motion CARRIED 4-0.
Mayor Allman opened the public hearing.
There being no public comment, Mayor Allman closed the
public hearing.
Councilman Roberts moved for approval of Ord. 99-0-02,
second by Councilwoman Lichter. The motion CARRIED 4-0.
B. First R~adina - Ord. No. 99-0-05. enactina the General
Emolovees Pension Board. amendina Section 13-41 of
Chaoter 13 (Personnel). Article III (Retirement System)
Mayor Allman read Ord. No. 99-0-05 and opened the public
hearing.
city Manager Hooper made a staff presentation and commented
on changes that were made. This shall be a seven-member
board with the city Manager appointing two non-union general
employees to the board, and the quorum would change from
three to 'fur members.
There being no public comment, Mayor Allman closed the
public hearing.
Councilman Roberts made a motion to approve Ord. 99-0-05,
second by Councilwoman Lichter. The motion CARRIED 4-0.
CONSENT AGENDA
A. Eauioment Purchase - Staff reauestina aooroval to
ourchase budaeted trash collection vehicle throuah
State Bid from Kaiser Pontiac for $25.672.00
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Council Regular Meeting
March 1, 1999
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B. Competitive Bid - Staff recommendinq bid award to HCF
paintinq and Sandblastinq. Inc. to paint Water
Treatment Plant claricones. aerator and catwalks for
$26.450.00
C. Equipment Purchase - Staff requestinq approval to
purchase budqeted pickup truck throuqh state Bid from
Reqencv Dodqe for $19.387.00
D. Board Appointment - Councilman Hammond's reappointment
of Marv Rice to the Librarv Board due to the expiration
of her term
E. Annual Authorization - Mavor's authorization for East
Volusia Mosquito Control to make low level aerial
inspection and spray fliqhts
Mayor Allman read the Consent Agenda.
Councilwoman Lichter asked to pull Item C from the Consent
Agenda.
Mayor Allman elaborated on Mr. Jones' concerns. city
Manager Hooper explained this is a ~ ton pickup with
extended cab.
Councilman Hammond made a motion to approve the Consent
Agenda, second by Councilman Roberts. The motion CARRIED 4-
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OTHER BUBIn'EBB
A. Request for Funds - Economic Development Board
requestinq $500 from its budqeted to help fund the
marketinq and advertisinq of 'Venture Capital seminar'.
to be held at the DBCC Edqewater Campus on April 19.
1999
Tom Alcorn, Chairman, Economic Development Board, made a
presentation regarding what the funds will be used for.
Councilman Roberts moved for approval, second by
Councilwoman Lichter. The motion CARRIED 4-0.
B. Evaluation and Appraisal Report (EAR) - Staff
requestinq approval to transmit the formal response to
DCA's obiections. recommendations and comments (ORC
report) .
City Manager Hooper made a presentation regarding a response
to DCA. Staff is seeking a vote authorizing transmittal of
this to the Department of Community Affairs.
Councilman Roberts moved for approval, second by Councilman
Hammond. The motion CARRIED 4-0.
c. council Action concerninq the Police Pension Work
Session (3-01-99)
City Manager Hooper summarized for council staff's
recommendations. The process would be if Council is going
to pick these five or a variation of these five, give staff
direction to complete an ordinance, which will be brought
back for first reading, followed by sending it to the state
Department of Retirement for their review to make sure it is
compliant with the plan. It will then go to Principal, who
will giv~ r final cost estimate to what this would actually
cost, and rill then be brought back to Council for the final
second pu~ic hearing.
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Council Regular Meeting
March 1, 1999
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Councilwoman Lichter suggested seeing how much Council
agrees on.
Mayor Allman passed the gavel to Vice Mayor Roberts and made
a motion to accept Item 1, Item 2, Item 3-1, he would like
to amend Item 3-2 that if an officer is disabled in the line
of duty th~t he get 66 2/3% minimum. He would like to go
with the i~surance policy and would also like to see the 66
2/3% covered in the retroactivity back to 1987. He made a
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mot10n to accept as 1S except for Item 3-2, the 66 2/3%
minimum for in-line-of-duty injury.
Councilman Roberts stated this has all been worked out with
the Pension Board and they have agreed to City Manager
Hooper's proposals and compromises. City Manager Hooper
agreed. He doesn't feel they should be going back to the
drawing board.
Mayor Allman stated there is a motion on the table and need
a second before they discuss it. The motion DIED for a lack
of second.
Councilwoman Lichter stated she is willing to discuss the
66%. She clarified Mayor Allman is asking for 66% as the
minimum. Mayor Allman stated for an in-line-of-duty injury
where an officer is disabled, yes.
Councilwoman Lichter asked about Chapter plan benefits.
City Manager Hooper explained Chapter is 25% not in the line
of duty, 42% in the line of duty. Chapter plan is what the
State mandates for State agencies and non-charter counties.
Councilwoma~ Lichter asked if we are doing at least that 42%
now. City Manager Hooper explained today we do 25% and 25%.
Councilwoman Lichter asked city Manager Hooper if he is
recommending at least the 42% with the rest covered under an
insurance policy. City Manager Hooper informed her yes.
Councilwoman Lichter wants to see the insurance policy.
city Manager Hooper informed the Council they would see
that.
Councilwoman Lichter questioned if it would be better to
have the insurance just for the police officers. City
Manager Ho~per stated he is adamantly opposed to that. He
feels if the city is going to have disability insurance it
should be available to everyone.
Councilman Roberts feels everything going through is
bettering the system for them. Mayor Allman feels that it's
going from poverty to poor. The insurance policy is a great
idea but this Council may not be here in two years. What if
there is a Council that says they aren't going to pay the
premium. It is less likely to change a pension that is
enforced than a $20,00 insurance policy they can clip and
say no. We have to take care of the people that take care
of us. He feels 42% doesn't cut it.
Councilman Hammond feels they should look at what they have
right now. Mayor Allman stated what they have right now is
nothing. councilman Hammond stated they are trying to build
a foundation and get something started. Councilman Roberts
feels this is a lot better than what Council's have offered
in the past. It also gives them a starting point. There is
only so much money in the budget. In time as the City grows
we will be able to offer them more.
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March 1, 1999
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Mayor Allman stated what is all the money in the pension for
if it is not coming out of the pension to pay them. city
Manager Hooper explained that is the reason you do an
actuarial and you add money to it every year. Mayor Allman
stated they are not talking about retirement, they are
talking about total disability. Councilman Roberts stated
social security comes into playas well. Between the 60%
and social security, he would imagine they would be
receiving close to 100% of what they used to make. City
Manager Hooper stated they would probably exceed 100%.
Councilman Roberts spoke about the representatives working
out numbers with city Manager Hooper and everybody seems
ready to go I along with this. For a starting point, it is
the best they have seen.
Councilwoman Lichter wants to see what the insurance policy
includes. Councilman Roberts feels if is important and
critical, people in the community will not let it disappear.
It will be a permanent part of the employee benefit
structure ~ I
Councilman Roberts feels this is the best package that has
been offer~d to them in years. Mayor Allman stated he
agrees 100% but this best stinks. The whole package is
great but feels the 42% is an insult.
Mayor Allman entertained a motion to accept this as written.
Councilwoman Lichter would like to leave that one part
hanging. city Manager Hooper explained they could put the
requirement at 42 or in the insurance and then when they see
the price quotes, if they are unhappy or want to make it go
up, they can do that. He needs some direction as to what to
advertise for the first hearing.
Councilman Roberts made a motion to approve and pursue the
insurance policy as well, second by Councilwoman Lichter.
Councilwoman Lichter feels citizen input is going to be
interesting in a weighing factor also.
The motion CARRIED 4-0.
D. Deferred pavinq Aqreements - Staff recommending
notification of four (4) property owners for com~liance
of the pavinq of their parkinq areas
City Manager Hooper made a staff presentation. He is
requesting tonight to direct Council to notice these four
individuals they need to come into compliance with the
deferred paying agreements they signed between 1986 and
1989.
Councilman Hammond asked if the property owners are the same
now. city Manager Hooper didn't know the answer. When they
bought the property, these were recorded with the property.
If new owners come in and did any kind of title search, he
would have seen this was a requirement and that was the
reason they were recorded.
Planning &. Zoning Director Lynne Plaskett commented on some
changes toiproperty owners.
Councilman Roberts referred to 2032 Hibiscus Drive and the
four-westerly lots not being commercially zoned. Ms.
Plaskett explained Mr. Fisher purchased that property and
cleared it without permits and he is using it for parking.
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Ms. Plaskett commented on permitted uses.
City Manager Hooper explained they would do more research on
that and if it is a non-conforming use they would notify the
owner at the same time. Councilman Roberts spoke of
complaints with this property. City Manager Hooper agreed
to look at this.
Councilwoman Lichter asked if he had the same zoning when he
put those things back there. Ms. Plaskett explained the
zoning right now is B-2 on the front and R-4 in the back.
It has not changed.
Councilwoman Lichter asked if there is something in the law
that if you have something beyond a certain amount of years,
it can stay. Councilman Roberts stated he didn't have a
permit to begin with.
Ms. Plaskett presented background information on this
property. This is a legal issue.
city Manager Hooper stated they are also going to look at
other properties. There are properties that are not in
conformance as if they had a deferred paving agreement.
There was a;brief discussion regarding buffers and keeping
up site plans.
councilwomart Lichter moved for approval, second by
Councilman Roberts. The motion CARRIED 4-0.
OFFICER REPORTS
City Clerk Wadsworth had nothing at this time.
City Attorney Clayton informed Council we have received a
federal lawsuit by a former police officer woman, Noni
Warrell. She presented the background information on this
case.
city Attorney Clayton asked for authorization to retain
David Kornreich to represent the City. He is the attorney
that obtained, in the same court in front of the same judge,
the result in the McMahon case.
Councilwoman Lichter asked City Attorney clayton if this out
of her domain. city Attorney Clayton informed her yes. It
is also important for them to keep isolated the costs of the
defense because we have paid the premiums for the insurance
coverage and coregis is responsible and erroneously
declining to take up these expenses.
Councilman Roberts asked how long it will take to clear up
things with the insurance company. City Attorney Clayton
stated she wasn't sure how long it would take. In the mean
time, they have deadlines in which they have to respond.
Councilman Roberts asked if they should hire Mr. Kornreich
and then try to be reimbursed by the insurance company.
City Attorney Clayton stated they should have accepted
tender of defense under the coverage we have.
Councilman Roberts asked if we will wind up having to go to
court to get the insurance company to pay. City Attorney
Clayton explained they are at risk in that regard because if
they negligently decline coverage where they are supposed to
then there is a trouble response in damages to the insured.
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Councilman Hammond moved for approval, second by Councilman
Roberts. The motion CARRIED 4-0.
City Manage~ Hooper
1) F.I.N.D. proiect update
City Manager Hooper presented an update of the F.I.N.D.
project.
Councilman Roberts referred to the remarks
crossing. IHe asked why D.O.T is involved.
Hooper expfained all railroad crossings go
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2) Volunteer C1t1zen Observer Proqram
on the railroad
City Manager
jointly to D.O.T.
City Manager Hooper made a staff presentation. There is
potential for this. It has a start up cost of about $55,000
a year for the first year and then probably something less
than $5,000 as an ongoing. If Council wants to direct him
today to put this kind of program together, we are ready to
do such. It could be incorporated in the mid-year budget or
October budget.
Councilman Roberts asked if the county does this now. City
Manager Hooper stated the Sheriff's Department does and Port
Orange does.
Councilwoman Lichter expressed excitement about this idea.
She questioned if there would be any grant money out there.
She asked if it could be used like a pilot starting with
four and moving up to eight.
city Manager Hooper stated they would do the research but
there probably aren't funds available.
councilwoman Lichter feels if this is done properly, it
could be beautiful. She feels if it is feasible, they could
start with half. City Manager Hooper agreed to look into
this.
Councilman Hammond asked about liability. City Manager
Hooper explained there is some liability to it, which would
be covered under the city's insurance policy.
It was the consensus of Council to move forward with this.
He would have an outlined program on the agenda for the
first meeting in April.
City Manager Hooper requested to use $300 of the promotional
funds to s~onsor an ad for a fishing tournament that is to
be held Match 21st.
Ron Prekup, Sports Fishing Club, stated Saturday night is
the Captain's party and Sunday is the actual tournament.
There will be anywhere from 150 - 200 anglers from allover
the state. This is strictly going to be the City co-
sponsoring it to welcome the people there. Mayor Allman is
going to be their official along with Jack Corder.
Councilman Hammond moved for approval, second by Councilman
Roberts. The motion CARRIED 4-0.
City Manager Hooper made a presentation regarding a
vandalism report. Chief Schumaker described nine vandalism
incidents that have occurred over the past month. six
amounted to damage that could be calculated. Total amount
determined in damage was $665 for the month of February.
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Chief Schumaker explained how they
patrols to address the situation.
two occurred to City property, one
and one that was found in February
park.
have adjusted their
Of the nine vandalisms,
of which was no impact
to the score board at the
Chief Schumaker commented on only starting with four people.
He doesn't feel there is that big a difference in cost. He
spoke about a couple problems with only having four people
such as crisis that may come up and not the volunteers will
be riding double. He feels they will need a minimum of
eight in order to get this functioning in a proper manner.
Chief Schumaker doesn't believe the vandalism is of any
great magnitude. He would present another report next
month.
city Manager Hooper explained Perry Barrett's attorney,
Franz Dorn, has activated their suit with Circuit Court.
They have noticed Donna McIntosh that we have a court
appearance on April 10th in which he will be requesting
some re-judgment to dismiss the defense that the City has
raised in the past.
GENERAL CITIZEN COMMENTS/CORRESPONDENCE
There were [no citizen comments at this time.
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ADJOURNMENT
There being no further business to discuss, Councilman
Roberts moved to adjourn. The meeting adjourned at 9:35
p.m.
Minutes submitted by:
Lisa Kruckmeyer
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