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06-17-1996 - Regular ... ~ CITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 17, 1996 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER: Mayor Hayman called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL: Mayor Jack Hayman Councilman Danny Hatfield Councilwoman Louise Martin Councilman Michael Hays Councilman David Mitchum City Attorney Krista storey City Manager George McMahon City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE Mayor Hayman delivered the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Regular Meeting of June 3, 1996 Councilwoman Martin made a motion to approve the June 3, 1996 minutes, second by Councilman Hays. The motion CARRIED 5-0. Special Meeting of June 10, 1996 Councilman Hatfield made a motion to approve the June 10, 1996 minutes, second by Councilwoman Martin. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (Other than public hearinqs) There were no citizen comments at this time. CITY COUNCIL REPORTS Councilwoman Martin had nothing at this time. Councilman Hays commented on an article in the News Journal on June 8th regarding Lake Helen opting out of the Alliance. He spoke about Lake Helen being obligated in the issuance of bonds for capital improvements that would not benefit Lake Helen. He is upset because Don Feaster was present and he has no indication that Mr. Feaster made an effort to clarify that with the people in Lake Helen. He doesn't feel Mr. Feaster did his job. Councilman Hays spoke about being disturbed with the Charter Review Commission's action in regard to its recommendation for the formation of a Volusia Water Advisory Board to review the efforts of the Alliance and that a Charter amendment be placed on a referendum ballot that, if passed, will create a Water Police Charter Review Commission in the year 2001. He feels this exceeds what they are supposed to be doing. Councilman Hays commented on the budget of the Water Alliance. He feels everyone needs to look at it once they have had a chance to digest it. ........ .....,. Councilman Hays thanked County Councilwoman Lynne Plaskett for being present and her support of the City of Edgewater. He applauded her efforts. Councilman Hays commented on a letter he received from Doris Elder of the Florida Shores Property Owners Association regarding some concerns on the road improvement project. He asked staff to respond to this letter. Councilman Mitchum had nothing at this time. Mayor Hayman thanked County Councilwoman Lynne Plaskett, District 2 Representative, for being present. Councilman Hatfield had nothing at this time. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. First reading Ord. 96-0-04 Amending Article I (General) of Chapter 2 (Administration) of the Code of Ordinances Mayor Hayman read Ord. 96-0-04. City Attorney Storey presented the background of Ord. 96-0-04 regarding the Council establishing guidelines for execution of contracts, agreements and leases by the City Manager and the need to update Article I because of a conflict with the current City Charter or redundant in terms of being found in other ordinance sections currently. Mayor Hayman spoke about section 2-2 on Page 2. He suggested treating the City Manager, City Clerk, and City Attorney Storey the same. He feels the City Manager is being treated differently than the City Clerk and City Attorney. City Attorney Storey explained there is no provision in the agreements for the City Attorney and City Clerk for any form of a public hearing. Mayor Hayman has no problem with the City Attorney, City Clerk or City Manager having the provision of a public hearing. He suggested either removing that verbiage because it is established through the contractual agreement with City Manager McMahon. City Attorney Storey explained it would have to be included. The City Manager agreement just references this section in the Code. Councilwoman Martin questioned if there is any verbiage in the City Attorney and City Clerk contracts. City Attorney Storey explained those agreements simply provide for distinguishing between termination for cause and without cause. Those distinctions are really in terms of would there be any severance or not. Councilman Hatfield feels the City Clerk and City Attorney contracts are separate issues. He suggested the contracts be brought to Council to change. Mayor Hayman suggested either change the verbiage in section 2-2 and write the verbiage into the City Manager's contract and to do it to the City Attorney and City Clerk contracts as well. Mayor Hayman commented on the last sentence in Section 2-5(c). He feels this sentence should be deleted. He feels contracts, agreements or leases should come to Council even if it is placed on the Consent Agenda. City Attorney Storey explained the intent of the contracts, agreements and leases is to authorize the City Manager to sign. This is intended to give him the option if he did not want to make that call himself, he may bring those within that context to the Council. Page -2- Council Regular Meeting June 17, 1996 'W' ...., City Attorney storey stated to pursue the Mayor's intent, the entire proposed section should be deleted as opposed to just that one sentence. Councilman Mitchum doesn't see the need to have every little matter coming back to city Council. There was a discussion regarding the types of agreements that should be brought before Council. He commented on the $5,000 limit on the budget in order for city Manager McMahon to approve it. Councilman Hays feels as long as City Manager McMahon is reviewing all leases and contracts that obligate the City, he feels comfortable with it. That is where the buck should stop as far as review. He doesn't feel the department heads should be issuing leases or contracts without going through City Manager McMahon first. Mayor Hayman explained he misinterpreted what he was reading. He thought they were using discretion of the city Manager on even things beyond the $5,000 limit. City Attorney storey informed Council she could clean up this sentence to reflect the $5,000 figure. Councilman Mitchum spoke about the removal of the City Manager section and whether it includes with and without cause. No matter if you remove a City Manager with our without cause, he walks away with three months pay. He has a problem with that. City Manager McMahon agreed to review that a little more carefully and he would like to seek the advice of other professional people and come back with a recommendation. There was further discussion regarding with or without cause and being compensated if terminated with cause. City Manager McMahon agreed to get a copy of a typical contract from ICMA which he would share with Council. City Manager McMahon suggested approving Ord. 96-0-04 with the exception of Section 2-2 and look at how we can incorporate Section 2-2 into this provision, equitable standards to handle the removal of the City Manager, City Attorney, and City Clerk. Councilman Hatfield made a motion to approve Ord. 96-0-04 and to delete Section 2-2 and come back at a later date, second by Councilwoman Martin. The motion CARRIED 5-0. CONSENT AGENDA A. Request that annual arbitrage rebate calculations be performed by Ernst & Youn9, Jacksonville, for four bond issues B. Proposal to provide 100% participation in City'S 457 deferred compensation plan as of 10/1/96 C. Calculations of incurred but not reported claims by Wakely and Associates D. Rewrite of general liabilitylEMTIPolice insurance for FY 95/96 from July 1, 1996 to September 30, 1996 E. Transfer of $1,000 from Special Law Enforcement Trust Fund into General Fund to cover emergency travel e~penses for protracted investi9ation Mayor Hayman felt Items B & D needed some discussion. Page -3- Council Regular Meeting June 17, 1996 ...., ..."", councilman Hays suggested moving Items B & D to the end of the agenda due to guests being present. It was the consensus of Council to move these items. Councilman Mitchum made a motion to approve Items A, C, and E of the Consent Agenda, second by Councilman Hays. The motion CARRIED 5-0. OTHER BUSINESS A. Discussion of Volusia County utilities with Volusia County Council members City Manager McMahon has requested to meet with County Manager Larry Arrington on this matter. He felt it would be beneficial to sit down and discuss this without having a lot of conflict of staff input. He felt they could have worked out the details without involving the political bodies. County Councilwoman Lynne Plaskett has arranged a meeting with City Manager McMahon and Mr. Arrington tentatively set for July 11th. City Manager McMahon feels the City Council is the team that is going to make the decision ultimately of whether to put utilities south or not. He believes the sewerage can be treated at a lower cost than the County can. City Manager McMahon thanked Ms. Plaskett for arranging the meeting with Mr. Arrington. County Councilwoman Lynne Plaskett informed Council of the perimeters of her district. She feels Edgewater should be able to serve Southeast Volusia. Ms. Plaskett requested two proposals be done, one from the City of Edgewater and one from Volusia County, and reviewed. She feels the most important thing is that Southeast Volusia be serviced with wastewater and water in the most economical, feasible way possible. Ms. Plaskett informed Council she will be present at the meeting between City Manager McMahon and County Manager Arrington. She agreed to keep Council up to date and would continue to present Council with follow up reports whenever they feel necessary or whenever she has pertinent information to share with them. Ms. Plaskett asked for the Council and City Manager to have a positive, open approach to this issue. Mayor Hayman read a letter from County Councilwoman Pat Northey and a message from Pat Patterson who both had previous commitments and could not attend the meeting. city Manager McMahon commented on it not being the intent of the City to compete with the County to provide utilities services. He commented on the capacity of the wastewater plant and the plant being designed for the build out of the City. He spoke about the cost to the County if another plant is built. Mayor Hayman spoke about the representation from the County and a written response from Ms. Plaskett. He would like to have a workshop with the County Council and everyone affected. City Manager McMahon asked for permission to purchase refreshments if they do have a workshop. Page -4- Council Regular Meeting June 17, 1996 "-' ...., Councilwoman Martin feels a $10,000,000 savings by the County would certainly impress the taxpayers and the voters. Councilman Hays would also like to see a meeting with everyone affected. Mayor HaYman apologized for unloading on Ms. Plaskett. B. Request to purchase Touchread Meter Reading Equipment to modernize and streamline meter reading/utility billing functions City Manager McMahon presented some history regarding the need for meter reading equipment. utilities Director Terry Wadsworth commented on the biggest supporter of this system being Finance Director Fred Munoz because of the time it will save in utility billing. Mr. Wadsworth briefly explained how the meter reading equipment works. He showed a video of what the system is about. Councilman Hays questioned how much money is going to be saved by doing this. Mr. Wadsworth explained it will probably be about half of an employee a week in terms of total hours because of the speed of generating the reports and logging the readings. Mr. Wadsworth spoke about the proposed program for the city. There was a discussion regarding how tamper proof the meters are. Mayor HaYman questioned the cost of the radio heads. Mr. Wadsworth informed him they are about $50 each. There was further discussion regarding the costs involved with this program and phasing in the older meters. Councilman Hatfield moved for approval, second by Councilman Hays. The motion CARRIED 5-0. c. Request to purchase two Gravely ATM 72 mowers from Alden Equipment of Orlando; authorize City Manager to negotiate with Halifax Paving for contract to provide mowing of retention areas during construction project: and authorize e~penditure from stormwater Retained Earnings (Addition to agenda) City Manager McMahon presented the background for this request. Public Works Director Hugh Williams showed a video of the mower he is interested in purchasing. City Manager McMahon elaborated on the need for the mowers to help maintain the retention ponds and swales. Mr. Williams addressed areas of concern. City Manager McMahon asked for authorization to talk to Halifax Paving about picking up the mowing that they are responsible for during the life of the contract. We feel we can recover $30,000 until the end of the contract. There was a discussion regarding the funds coming from the stormwater Retained Earnings. Mayor HaYman expressed concerns with the presentation of mowing the swales. He doesn't feel $13 per hour is a fair figure and that it is much higher. Mr. Williams elaborated on how he came up with this figures. Page -5- Council Regular Meeting June 17, 1996 '-" ..- Councilman Hays commented on the concerns of the citizens regarding the maintenance of the swales and retention ponds. He feels 12" is too high for the grass to get before it is cut. He feels they have to make an effort to make sure they look the way they were presented. He has no problem with accepting this as long as the swales and retention ponds are mowed properly. Councilman Hatfield commented on there being down time if the mowers are running five days a week and the need for a third mower in the future so the machines can be rotated to minimize down time. Mayor HaYman suggested including in the motion consideration of a third machine after a six month period. Councilman Hatfield made a motion to purchase the two mowers at a cost of $42,000 with the funds to come from the Stormwater Retained Earnings and the grass not to exceed 8" before it is cut and to authorize the City Manager to proceed with contacting Halifax Paving and to consider a third machine after a six month period, second by Councilman Hays. The motion CARRIED 5-0. Mayor HaYman asked Mr. Williams to report back to Council as soon as possible on an accurate cost per acre. CONSENT AGENDA B. Proposal to provide 100% participation in City'S 457 deferred compensation plan as of 10/1/96 City Manager McMahon went over the background and presented additional information for this request and recommended approval. The program would be funded at an estimated fixed annual cost of $30,720 which would be subtracted from the amount budgeted for Pay-For-Performance. City Manager McMahon asked for a motion pertaining to the information he presented. Mayor HaYman expressed concern with increasing the revenue stream to support this. He was assured that is not the case. This is contingent on pay increases being budgeted. City Manager McMahon recommended Council approve the recommendation to do this that the top $30,000 of any money budgeted for pay increases annually be appropriated for this purpose and that no money be distributed from this except for the explicit purpose if it is included in the budget. Councilman Mitchum moved for approval based upon City Manager McMahon's recommendation, second by Councilman Hatfield. Mayor HaYman suggested setting up a workshop to look at the 401 plan and encourage the employees to attend it. The motion CARRIED 5-0. D. Rewrite of general liability/EMT/police insurance for FY 95- 96 from July 1, 1996 to September 30, 1996 City Manager McMahon explained the reasons for the rewrite of the general liability/EMT/police insurance. He recommended approval of this. There was a brief discussion regarding the $5,000 deductible. Page -6- Council Regular Meeting June 17, 1996 '-' ..... City Manager McMahon commented on what would have occurred if this would have been in place over the last couple of years. Councilman Mitchum moved for approval, second by Councilwoman Martin. The motion CARRIED 5-0. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Mayor Hayman spoke about a distribution announcing a meeting of the Water Co-op and their budget. Mayor Hayman read correspondence from the Edgewater Union Church. City Manager McMahon commented on placing stormwater Drainage under City Engineer Fegley. OFFICERS REPORTS City Attorney storey had nothing at this time. City Manager McMahon commented on the budget being proposed to the Water Alliance. He commented on positions added to the budget. There was further discussion regarding the Administrative portion of the budget. Council does not support this level of bureaucracy. City Manager McMahon recommended when the budget is presented to Council, that they pass a motion pertaining to what they support and don't support. City Manager McMahon spoke about a letter received from Mr. Sowers regarding the retention ponds. City Clerk Wadsworth had nothing at this time. ADJOURNMENT There being no further business to discuss, Councilman Hays made a motion to adjourn. The meeting adjourned at 9:35 p.m. Minutes submitted by: Lisa Kruckmeyer Page -7- Council Regular Meeting June 17, 1996