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05-05-1997 - Regular ~ .., CITY COUNCIL OF EDGEWATER REGULAR MEETING MAY 5, 1997 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: Pastor John Marsh, Bella vista Baptist Church, delivered the invocation. There was a pledge of allegiance to the Flag. EXCELLENCE AWARD TO DOUGHERTY MARINE/EDGEWATER POWER BOATS Mayor HaYman presented a proclamation to Bob Dougherty and Peter Truslow of Dougherty Marine. Dick Jones, Chairman, Economic Development Board presented a plaque to Mr. Dougherty and Mr. Truslow. Mr. Truslow thanked the city of Edgewater. APPROVAL OF MINUTES: A. Regular Meeting of April 21/ 1997 Councilman Hatfield made a motion to approve the April 21, 1997 minutes, second by Councilwoman Martin. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY COther than public hearings) Donna Crawford, 2517 Silver Palm Drive, requested permission to block off her street on May 18th or May 24th. She is having a party for her children and would like the street blocked off. Mayor HaYman asked Ms. Crawford if she has spoken to City Manager McMahon or the Police Department. She informed him she had not. Councilwoman Martin asked about a written request. City Manager McMahon recommended she do a written request so he can submit the letter to the appropriate department heads. Chief Schumaker spoke about blocking the street off a few years back for a block party. He suggested she get permission from her neighbors. He has no objections to this as long as the neighbors don't complain. City Manager McMahon stated as long as Council and Chief Schumaker have no objections, that would be all he would need. Ms. Crawford agreed to submit her request in writing. Councilman Mitchum moved to approve Ms. Crawford's request, second by Councilman Hatfield. The motion CARRIED 5-0. ...... ....,JI Reilly Burch, 1401 S. Riverside Drive, asked to have Item 8D moved up on the agenda. He has business to attend to later this evening and would like to be present for this item. Mayor Hayman stated Mr. Burch could present his comments but it would have to be consensus of Council to move it up. councilman Hatfield asked to hear his comments before moving Item 8D up on the agenda. Mr. Burch stated it has been brought to his attention that the City Manager, City Attorney and City Clerk have requested amendments to their employment contracts. He has spoken with as many people as he can about this. He feels anyone has the privilege of asking for a raise. Since the taxpayers are paying the bills in this City, he wants to know why these pay raises are thought to be justified. Mr. Burch came to the conclusion that these amendments should not be authorized. He feels this is a direct conflict of interest. He elaborated on matters of concern and expressed opposition to the amendments. Mr. Burch spoke about the cost of hiring of an Assistant City Manager and then City Manager McMahon asking for a raise and the cost of hiring outside legal counsel when the City has a city Attorney. Mr. Burch urged Council to throw the amendments out and he will lose complete faith in his own City government if they are not thrown out. He assured Council, we, as concerned citizens for Edgewater, will not rest until our city government cleans up their act. Les Ogram, 1501 Orange Tree Drive, also spoke about the contracts. He stated these items were not brought to his attention until 10 a.m. this morning. He urged Council to carefully consider giving away our tax money in this manner. It doesn't seem like a reasonable thing to do. Mr. Ogram does not see where the amendments are justified. He commented on the City's tax base. He suggested Council carefully consider this. Debbie Ogram, 3009 Travelers Palm Drive, agreed with Mr. Burch. She feels Council only feeds the citizens what they want them to hear. She feels the citizens should be informed by the newsletter or newspaper. It was not the consensus of the Council to move up Item 80 on the agenda. CITY COUNCIL REPORTS Councilman Mitchum had nothing at this time. Mayor Hayman had nothing at this time. councilman Hatfield had nothing at this time. Councilwoman Martin had nothing at this time. Councilman Hays spoke about the incinerator area at Public Works. He would like City Manager McMahon to look at this area. He feels the incinerator is getting old and sitting in a residential area and they need to seriously look at moving the entire operation away from the houses. He feels it needs to be looked at for the budget process. Page -2- Council Regular Meeting May 5, 1997 '-" """" City Manager McMahon stated he had a preliminary report and plans to submit it within the next week. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearin9 Proposed Development A9reement Pelican Cove West II Subdivision Mayor Hayman presented background information. Mayor Hayman opened the public hearing. Mayor Hayman read a letter from Mr. & Mrs. John White, 409 Sandpiper Court. Community Development Director Mark Karet made a staff presentation regarding changes made to the proposed development agreement. Councilwoman Martin asked what the proposed width is to the property. Mr. Karet informed her the lot sizes vary. Mayor Hayman asked Mr. Karet if he feels the traffic getting in and out of the cul-de-sac has been addressed. Mr. Karet informed Mayor Hayman what Mr. Carder has done. Bill Byrne, Egret Court, stated Falcon Avenue in the first half mile has two driveways that back out onto it. He has had the speed limit changed to 20 mph. The apathy of the people that are there is shown by nobody being here but him. He spoke about this being turned down by the LDRA and City Manager McMahon's comments against this. He feels it is now up to Council. Mayor Hayman closed the public hearing. Councilman Hays feels Mr. Carder has made the changes asked of Council and he has no problem with this. He sees no reason this shouldn't be approved. Councilman Hays moved for approval, second by Councilman Hatfield. Mayor Hayman spoke about Celebration City by Disney being a traditional neighborhood district. Councilwoman Martin commented on allowing this when other people have not gotten their applications approved because of smaller lot sizes. The motion CARRIED 3-2. Councilman Mitchum and Councilwoman Martin voted NO. B. Ord. 97-0-07 Amendin9 section 3.04 Election and Terms of the Charter Mayor Hayman read Ord. 97-0-07. Councilman Hays made a motion to approve Ord. 97-0-07, second by Councilman Mitchum. The motion CARRIED 5-0. CONSENT AGENDA There were no items to be discussed on the Consent Agenda. Page -3- Council Regular Meeting May 5, 1997 ...... -" OTHER BUSINESS A. Purchase one 1997 Ford Diesel powered 12 cubic yard stake dump body trash truck from Duval Ford on state contract Councilman Hays moved for approval, second by Councilman Hatfield. The motion CARRIED 5-0. B. Bid award for panasonic CF-25 series Notebook Computers Councilman Hatfield moved for approval, second by Councilman Mitchum. The motion CARRIED 5-0. C. Appointment of two members to Construction Regulation Board due to expiration of terms of Les Ogram and Nancy J. Swiney, who request reappointment Councilman Hays moved for reappointment, second by Councilwoman Martin. The motion CARRIED 5-0. D. City Attorney, City Clerk. and City Manager Agreements (continued from April 21, 1997 meeting) Mayor Hayman stated this was continued by request of Councilman Mitchum. Councilman Mitchum has been able to discuss his questions with the parties involved. Councilman Hays stated this is not something that has just come about. This has been ongoing. There are three employees that are different in that they serve at the pleasure of Council. They do not have a union and serve solely at the pleasure of Council. He spoke about the City Manager and City Attorney having contracts since day one and the City Clerk having a contract since 1992 when the Charter was redone. City Manager McMahon spoke about receiving a car allowance just under a year ago and he has been using his personal vehicle since the day he came here. The pension is the percentage that is put into all other employees accounts. The 120 days was to take care of the interim period if he is fired without cause. If he is fired with cause, the Council can sever that. Councilman Mitchum spoke about the indemnification clause. He explained they still have to meet the criteria of a job performance. If they are fired with cause, we don't have to pay them anything according to the contract. A new Council could come in at the next election and all three of these people could be gone by simple vote of the majority of Council. Councilman Hays spoke about if a policy is followed out and there is legal recourse back, he feels it is unfair for someone to function without some protection as long as they are operating under the direction of Council. Councilwoman Martin spoke about hiring outside legal counsel and the cost if an attorney was hired to handle all litigation. Councilman Hatfield spoke about if they go beyond the scope of their job and do something that is not directed by city council, the Council would not be liable. If they are working under direction of Council, the City should be liable for legal costs. Page -4- Council Regular Meeting May 5, 1997 .... """ City Attorney storey followed up on Councilman Hatfield's comments regarding indemnification. The language provides that indemnification will be there unless convicted of a crime involving moral turpitude or relating to official duties. She and Councilman Hatfield spoke about language that could discuss going outside the scope of one's employment. That is something that could be added to the language. City Attorney Storey spoke about items such as sexual harassment, discrimination, Americans with Disabilities Act, and the Family and Medical Leave Act that did not exist when she started practicing in 1985. City Attorney Storey explained the intent is not to provide a basis for any of them to move outside their scope and act at their own will without any legal or professional basis. If Council would feel more comfortable, language could be added. City Manager McMahon commented on items he is responsible for. He spoke about performance reviews done by Council every year. He spoke about using his car at no cost to the City. He is asking Council to raise the percentage of pay contributed for everyone elses pension. Mayor Hayman commented on lack of communication. He feels the taxpayers are not well informed of pay and benefits for City employees. with respect to items asked for in the contracts, he had hoped to have a private discussion with each individual. Mayor Hayman spoke about the insurance issue being appalling. He feels everyone should be treated the same way. He spoke about being the only person to be threatened to go to court. He has experienced the full value of being an elected official. He understands the value of insurance. He spoke about having a $100,000 deductible. He has a problem with this request because he doesn't know what the cost is going to be. Mayor Hayman spoke about City Manager McMahon's request for a $200 car allowance. He feels if there are other employees using their personal vehicles, they need to take a close look at either providing a car for employees use or look at what the true and real costs are in that policy. Mayor Hayman spoke about the 3.75% increase in pay. He can't support this because he feels it is inflationary. We have people on the payroll that make less than the average salary of $24,200 and he feels that is where the attention should go. Mayor Hayman has a problem with the 120 days due to having an adequate benefits package. This is excessive because the other employees don't enjoy the same privileges. Councilman Hays commented on suits that involved City Manager McMahon and Mr. Karet and city Manager McMahon and past Councilmembers. We, as elected officials, have certain protection as long as we operate inside the scope and boundaries of the Charter. Councilman Hays has no problem with the City assisting Mayor Hayman on the MPO. He feels if Mayor Hayman is being served because of a position that was taken in the city and he went on behalf of the Board, then the City owes it to him to assist him. Councilman Hays talked about the pay for performance and evaluations. He did an evaluation on the three employees affected. Page -5- Council Regular Meeting May 5, 1997 ~ ...". Mayor Hayman asked Councilman Hays if he is suggesting the 3.75% increase that is reflected in the agreements is a pay for performance justified increase. Councilman Hays considers every employee of the City under the pay for performance. He spoke on the average of the evaluations for the City Attorney, City Manager, and City Clerk. There was further discussion regarding the 3.75% increase being justified as part of the pay for performance. Mayor Hayman questioned if there would be two increases for the three individuals or would there be one increase. They would not receive another increase for the rest of the year. City Manager McMahon stated he asked to be paid on the same system that every other city employee would be paid. Every employee is evaluated and put on a performance evaluation system. He is at the mid-range of his salary. The pay for performance for all employees is automatically rewarded according to the policy of the City. Mayor Hayman asked City Manager McMahon if he considers his request to be a pay for performance request. city Manager McMahon stated no, he asked for this because of the pension contribution that has been made to all employees. Councilwoman Martin questioned why they go through the appraisals and then just throw them out. Everyone employed gets an appraisal. We made appraisals and they are not being accepted. city Manager McMahon spoke about 46 litigation items, the $500,000 cost savings that was made, and the administration of $60 million with every cent being accounted for and everything requested was done. Councilman Mitchum commented on reasons he asked that this item be continued. He spoke about concerns he had with the city Attorney's contract that were discussed with her. He feels there has been an over abundance of legal fees over the past two years. Councilman Mitchum spoke about ten years ago when the City had a part-time City Attorney at a cost of $35 per hour. He has not always agreed on what has been done in the legal department as far as money spent on different things. He spoke about there being minimal lawsuits ten years ago and the City Attorney was a litigating attorney. city Attorney storey was not hired as a litigating attorney. Councilman Mitchum asked City Attorney storey why she had not gotten into that arena. She provided him with the information he needed in order for him to make a sound decision. He feels City Attorney Storey has practiced preventative law. While he would like to see the City more into an arena of defending ourselves more in-house, he would go along with the wishes of Council needing to understand his comments are no reflection on City Attorney Storey. Councilman Mitchum expressed concern regarding legal does not propose to change the legal system we have. about what City Attorney Storey has been involved in preventing lawsuits and the amount of legal work she involved in with the ClP program. fees. He He spoke in has been Councilman Mitchum supports the City Manager, City Clerk and City Attorney contracts. When the Councilor citizens decide to change the system, then they will react in that manner. City Attorney Storey clarified comments made by Mr. Burch. She spoke about the issue of an outside City Attorney versus an in- house City Attorney. Page -6- Council Regular Meeting May 5, 1997 ...." ...., city Attorney storey stated the belief that she does not handle any litigation is completely inaccurate. This City has been sued 46 times since she started. She has handled 26 of those matters. She serves as co-counsel on many others and her office provides litigation support services on every other lawsuit. City Manager McMahon stated he did not go out and hire an Assistant City Manager. He promoted in-house. His responsibilities were to assist in areas that city Manager McMahon wanted him to assist in that he is skilled in. Councilman Mitchum spoke about the memo done by City Attorney Storey not being a reaction to his continuance of this matter. Councilman Hays spoke on the need to have a full time City Attorney. If we do not keep a full-time City Attorney in this City representing us, we are going to make a big mistake. He spoke about City Attorney Storey stepping in and taking over a situation and explaining it. City Manager McMahon spoke about him, the City Attorney and Assistant City Manager managing all the City claims on a $1 million fund. Councilman Hatfield commented on City Attorney Storey not only working for Council but for several boards as well. He would like the indemnity clause be added within the scope of their job classifications. He asked for Council's feeling. There was some discussion regarding why the indemnity clause needs to be included. City Attorney Storey elaborated on concerns expressed. She sees no harm clarifying the indemnity clause in the agreement. city Manager McMahon had no problem with this either. City Attorney Storey presented an example regarding the difference between the Councilmembers and individual employees in terms of indemnification language. Individual City employees may not be automatically defended by the City. That is a policy decision for the Council to make. Mayor Hayman stated his comments and differences with the contract are not criticism of anyone of the three public servants. He feels a different class of employee is being created that is treated a lot better than the rest of the employees and he is looking at equity. Mayor Hayman stated he does not support some of the provisions in the contracts. city Attorney Storey elaborated on Mayor Hayman's concerns regarding treating different classes of employees differently. The Charter officers are the only employees in this City who may be discharged without cause. other employees, legally, under the protections of the union contract, may not be discharged without cause. Councilman Hays stated there is already legislation in place which classifies different levels of employees for special treatment. City Manager McMahon commented on a professional firm that came to the City and studied every job description and in a professional way evaluated those and established the profile for every job accountability, responsibility, and what they are required to do. Based on that, Council approved all the classifications and distinguished clearly between every job in the City. Page -7- Council Regular Meeting May 5, 1997 ~ ...., Mayor Hayman questioned if the contracts need to be done separately or collectively. Council agreed to do it collectively. Councilman Hatfield made a motion to approve the contracts with changes, second by Councilman Hays. The motion CARRIED 4-1. Mayor Hayman vote NO. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Mayor Hayman spoke about a letter from Barbara Davis to Diane Ballentine regarding the 30% plans for Indian River Blvd. Per our request, she lodged very strong objection to the elimination of the cut across and turn arounds in the center median. He stated he has not received a response from the letter sent to her requesting an expeditious meeting with her. City Attorney storey commented on a seminar she attended regarding the 1996 Telecommunications Act. She spoke about the issue about repealing sections of the act that allows cities and counties gaining control of their right-of-way. Phone companies and cable companies feel they should be able to go in and use our streets without our permission and without paying for the use of those streets. She asked Council to authorize they proceed by sending a letter. It was the consensus of Council to send a letter. Councilman Mitchum stated he would support Mayor Hayman if he was in a situation where he incurred legal expenses in the performance in his duty as Mayor at the request of this Council, and would support those fees being reimbursed. Mayor Hayman feels the coverage we have is not adequate to protect what we do. The $100,000 deductible doesn't protect any of us. Councilman Mitchum informed him the $100,000 deductible would be kicked in by our self-insurance fund. There was a brief discussion regarding the self-insurance plan. Mayor Hayman spoke about his case and agreed to get with City Attorney Storey and City Manager McMahon on this. ADJOURNMENT: There being no further business to discuss, Councilman Mitchum moved to adjourn. The meeting adjourned at 8:59 p.m. Minutes submitted by: Lisa Kruckmeyer Page -8- Council Regular Meeting May 5, 1997