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03-11-1991 - Special/Public Hearing ;.." ....... .... CITY COUNCIL OF EDGEWATER SPECIAL MEETING/PUBLIC HEARING MARCH 11, 1991 MINUTES Mayor Wessler called the meeting to order at 7:02 p.m. in the Community Center. ROLL CALL Mayor Tanya Wessler Councilman Kirk Jones Councilperson Louise Martin Councilperson NoraJane Gillespie Councilman Michael Hays Interim City Attorney Nikki Clayton City Manager Elly Johnson City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present Mayor Wessler stated that since the Project Engineer had not yet arrived, they'll act on other items on the agenda. ADVERTISING FOR CITY ATTORNEY Ms. Clayton stated the material she was awaiting from Florida League arrived but it was for cities over 50,000 population and she needs more time to get the information to establish the appropriate range for attorneys in house for our population range and she can have it back by next Monday.s meeting. No Council member objected. DRAFT OF LETTER TO RESIDENTS Ms. Clayton referred to the erroneous information being circulated by residents in the City, noting tonight is the hearing on the second reading of the ordinance and the initial assessment resolution adoption. She suggested a notice to the citizens in both newspapers circulating in the City as an alternative for people to become informed. She referred to the expense involved with bulk mailing compared to the open letter in the newspaper. There was discussion regarding the newspaper or mai 1 ing or using the Pennysaver insert. Council person Gillespie pointed out they'll be mailing a letter according to the law to every assessed property. Ms. Clayton rev i ewed not i ce requ i rements when adopt i ng the f i na 1 assessment resolution of a first class letter mailed to everyone 10 or 20 days prior to the public hearing date and a newspaper advertisement. Councilman Jones moved they have the newspaper article regarding the special assessment information with a pennysaver insert added in both papers, News Journal and News Observer. Council person Gillespie seconded the motion. Motion CARRIED 5-0. Ms. Clayton stated she'll draft this and address questions from tonight's meeting. PUBLIC HEARING. 2ND AND FINAL READING. ON ORD. 91-0-1 SPECIAL ASSESSMENTS FOR CERTAIN CAPITAL IMPROVEMENTS AND ISSUANCE OF BONDS Mr. Ron Ferland, Project Engineer, Dyer, Riddle, Mills & Precourt, Inc., had a display board showing the costs that matched those listed in the resolution for the individual situations of Florida Shores residents. He reviewed the costs with amounts to be funded by special assessments. He explained the method of using Equivalent Residential Units. He pointed out these are estimated costs and it will be tied down upon receipt of construction bids and execution of the construction project and the final interest rate when they borrow the money from the State. He noted this was based on 5-1/2%, 4-1/2% is assumed to be the State Revolving Fund interest from DER and 1% is assumed administrative cost the County Tax Collector will charge the City for collection of the special assessment. He reviewed costs for those with more than the standard 2 building lots. He pointed out the resolution provides a procedure prior to the final hearing that at equalization hearings they can file papers that certifies they'll only put one house on the larger parcels and then they'd adjust the wastewater treatment plant assessment to 1 ERU. There was discussion regarding various circumstances which could occur with multiple lots and one owner. Mr. Ferland pointed out they1d come before the equalization hearing and certify they only want to build one residence on the parcels and then if later on they change their mind, they must pay the wastewater impact fee when they hook up to the wastewater system. Councilman Jones questioned if someone out of State could write a letter. Mr. Ferland suggested they check with legal counsel but they1re planning a long time span between hearings so people can take advantage of the opportunity. Ms. Clayton said she'd like to develop forms so it can be handled by mail. '-" .. PUBLIC HEARING. 2ND AND FINAL READING. ON ORD. 91-0-1 SPECIAL ASSESSMENTS FOR CERTAIN CAPITAL IMPROVEMENTS AND ISSUANCE OF BONDS (Continued) Mayor Wessler opened the public hearing. A lady from 3329 Needle Palm stated she has a home and 4 lots and cannot pay this and taxes and will have to put her home up for sale. Mayor Wess ler requested they stay with a 3-minute time 1 imit because of the number of people wanting to speak. Ben Vasquez stated they cannot time a public hearing and must allow the people who want to speak as much time as they want. Mayor Wessler explained theylll allow as much time as reasonable. Mr. Vasquez stated he's a resident of New Smyrna Beach with an interest in Edgewater. He reviewed the February 28, 1991, legal ad in the Observer on this public hearing. He said the ordinance was read and approved February 25, 1991. He said he doesn't understand the public notice dated March 9th that states no action at this meeting will be final until two more public hearings will be held and they were told the City must have the ordinance and resolution by March 11th to qualify for the State Revolving Funds. He questioned if this is final action. He spoke on the section in 91-0-1 regarding the Florida Shores improvement area. He stated there's no power granted in 166 to create a special assessment taxing district out of their own City or creating an improvement district area that encompasses property in the County. He reviewed 180 of the Statutes regarding the 5 mile limit and 170 that grants authority to assess specially benefited property. He said the citizens object to use of Statute 180 and the method of instituting the CIP and any i llega 1 assessment on their homes or property and they objected to 89-R-54 regarding BANis. He stated it was misstated that the Mayor and Council cannot be held liable for anything they do in office if they do so at the advice of the City Attorney but an attorney only gave them advice and it's their signature that appears on the papers and they can be held liable. Ms. Clayton stated bad and erroneous materials that appear to have been developed by Mr. Vasquez have received wide circulation in the City and Council will have to hold a number of meetings and instead of describing in a positive light so people can understand and ask questions Council will have the disadvantage of having to content with preconceived but erroneous notions that have been spread before they can discuss the merits of the issue. She noted she'd asked Mr. Vasquez to meet with her to discuss it but held replied he didn1t want to meet or discuss anything with her. Freeman Newell, 2450 S. Ridgewood Avenue, stated it would have cost about half of this if they1d done it 3-4 years ago. He said his water bill has tripled in the last 3 years. He noted if the City doesnlt do this, the County will make them do it. He said $2,200 is a lot of money to a lot of people but it's better than what it would be 2 years from now. John Bevel, 2401 Lime Tree Drive, stated he has 4 lots and asked if he could attend the equalization hearing to reduce the cost. Mr. Ferland explained it's based on the number of lots on the collection system and instead of $1,200 it would be $600 for the wastewater treatment plant. Mr. Bevel asked if it would be $600 if itls 3 lots. Mr. Ferland replied yes. Mr. Giorio, 1821 Evergreen Drive, stated each of the points Mr. Vasquez raised should be researched to see if there's any true validity. He said he has a collection system and they.ll assess him the same amount as those that don't have it. Mr. Ferland explained the assessment district doesn't include the already sewered portion of Florida Shores and they won1t be paying special assessment for the wastewater treatment plant. He added he'll pay rates associated with the upgrade of the system to continue the discharge to the reclaimed water system. Mr. Giorio asked what it will cost per year. Mr. Ferland said it's the current wastewater rate plus 3% more. Mr. Giorio asked that this be made clear to the residents. Dominick Fazzone, 302 Paradise Lane, spoke on the fair way this is being handled and the use of the money from increased rates and the bonds. Mr. Livengood, Finance Advisor of Raymond James & Associates, stated the bond is approximately 15 million. 2 Council Special Meeting/Public Hearing March 11, 1991 '-' ..., PUBLIC HEARING. 2ND AND FINAL READING. ON ORD. 91-0-1 SPECIAL ASSESSMENTS FOR CERTAIN CAPITAL IMPROVEMENTS AND ISSUANCE OF BONDS (Continued) Ms. Clayton explained this is the special assessment program and the wastewater will have increased wastewater rates and all the money for the program will come from the State Revolving Funds and Florida Shores will pay for their portion of the capacity use of the wastewater treatment plant and those outside Florida Shores will not contribute to upgrading for Florida Shores but to upgrade for themselves for the wastewater treatment. She added there will be no special assessment for the water portion and it will be through City-wide rates. Mr. Ferland pointed out a benefit to Florida Shores not being shared City-wide is under the current financing program they'll receive a $2 million dollar grant that's free and doesn't have to be paid back and it's applied to offset the special assessment for the Florida Shores residents. Mr. Weber stated he opposes the stormwater assessment because on his street the ditch has never been cleaned and someone needs to investigate. Councilman Hays asked Mr. Ferland to explain the grant. Mr. Ferland explained that was applied to Florida Shores because the public services tax used to be used to subsidize the water and wastewater utilities and they decided to take the full amount of the grant and apply it to the Florida Shores assessment. Councilperosn Gillespie noted this will help offset the residents of Florida Shores who have paid in since the initial ordinances. George Naill, 1604 Royal Palm, pointed out Florida Shores residents will pay the special assessment for the sewer plant along with the increased rates. He reviewed ordinance 400 and the high sums paid in utility tax by Florida Shores. Mr. Naill stated the settlement with PAC says it will have to go throughout the City so they'll have to put the water system throughout the City. He asked if that will create another assessment district. Ms. Clayton said every calculation done was to avoid what he1s talking about and reuse requirements are going on throughout the State where itls feasible and since Florida Shores is going through installation of a new collection system for wastewater and upgrade from a secondary plant to advance treatment it would be feasible. She added they're not doing it for other parts of the City and it's not feasible to put in the amount of pipe to distribute the reuse. She added currently there1s no plan to put reuse except in Florida Shores. Mr. Ferland explained they had an administrative hearing on the wastewater plant permit and in the negotiations the City agreed to have the Plan completed for discharge to the Indian River effluent alternatives completed by July, 1991. He said the Master Plan is to identify feasibility and financing feasibility of extending the reclaimed water system throughout the entire City to maximize it and minimizing the discharge to the River. He added the agreement recogn i zes it may not be feas i b 1 e and allows the City to exercise its rights to get an exemption or variance to continue discharge to the River as long as they had a good faith effort by trying to get rid of effluent. Councilperson Gillespie said she has a copy of the law that says they should be on line with the effluent City-wide by 1995 because they're in the SWIM program and the National Estuaries Program. Mr. Naill stated the letter to the residents with the preliminary assessment roll should go only to owners in the area, not the entire City. Ms. Clayton explained they're using the Home Rule authority, not 170. Mr. Naill and Mr. Ferland discussed the payments of Florida Shores residents. Cliff Clark, 1818 Evergreen, stated he understood the $2.1 million dollar grant was State mandated to go to the sewer system in Florida Shores and now he hears it's an appeasement. He said a lot of utility tax is needed to make up the $2.1 million. He noted in 1988 they separated the tax from the water and sewer and there was $500,000 in the pool that was transferred to the general fund. He reviewed what he pays for water and sewer. Mr. Ferland explained the grant is mandated to be applied to the wastewater treatment plant effluent program and whether it's used in Florida Shores or not or how it's paid back is up to the City. He pointed out it's mandated to the plant, not the collection system. Alice Murphy, Riverside Drive, stated vacant land is an asset and if they send fees and taxes out of town those owners will sell and before long every lot in Florida Shores will be built on. She said they're talking of reducing taxes on undeveloped land to protect environment. She said vacant land is appraised at about $4,000 in Florida Shores and when this is completed it will be about $16,000 and taxes will definitely go up. 3 Council Spec i a 1 Meet i ng/Pub 1 i c Hearing March 11, 1991 '-w ....., PUBLIC HEARING. 2ND AND FINAL READING. ON ORD. 91-0-1 SPECIAL ASSESSMENTS FOR CERTAIN CAPITAL IMPROVEMENTS AND ISSUANCE OF BONDS (Continued) Donna Jo Hansen, 2704 Victory Palm, asked if they'll require removal of septic tanks that are there now. Mayor Wessler replied they'll be filled in. Ms. Hansen asked who pays for it. Mayor Wessler replied the property owner. Ms. Hansen asked if payments on the special assessment are when the program starts or when they hook up. Mayor Wessler replied when they hook up. Ms. Hansen asked about replacement of landscaping that will be destroyed. Mr. Ferland explained the City will put the lateral point of connection to the property line and then the property owner takes it from the house to the point of connection. He added if they hire a plumber to abandon the septic tank and install the lateral it's approximately $605. Ms. Hansen asked if they'll have to pay for a permit to fill in these tanks. Mr. Ferland replied they'll have a lot of town meetings to decide that and other issues. They briefly discussed requiring licensed people for this work or if it could be a lido it yourself" project. Mayor Wessler called a recess at 8:28 p.m. and called the meeting back to order at 8:39 p.m. Mike Billick, 2528 Lime Tree, stated the grant of $2.1 million was to the whole City and that's where it should go. He said the wastewater treatment plant is a new treatment plant and they're going under Home Rule but 170 says a new plant must be paid by all users of the City therefore all should be assessed, not just Florida Shores. He stated this is double assessment with user fees to be paid also. He reviewed how the utility tax has been paid since 1964 and when the water and sewer system was broken out in the budget. He read an excerpt from the Code regarding bond issues being paid from water. He noted when they pledged the bond issues they went to referendum and perhaps they should do that now. He reviewed costs paid previously and those expected to be paid and amounts of impact fees. He said if a wastewater treatment plant has to be built that means the people who have sewers will have to pay for that treatment plant and the only way Florida Shores should pay is the impact fee to come on. Mayor Wessler asked if it has to be this capacity to accept all Florida Shores residents if the rest didn't hook up. Mr. Ferland said if they're not going to hook up Florida Shores the treatment plant doesn't have to be 2.5 MGD, it could be smaller, but if they're not going to put the sewer system in Florida Shores to alleviate the public health hazard, then they won't get the State Revolving Funds and grant funds because they're not alleviating the public health hazard that qualified them to receive the grant and low interest loan and the cost would go up and may be apportioned back to users. He noted since it's a combined utility system the City would have the right to use water revenues to offset any increase to the wastewater system. Ms. Clayton stated they have a hea lth prob lem that has to be alleviated. Ms. Clayton, Mr. Billick, and Mr. Ferland discussed prior communications regarding the public health hazard and discharge to the River. Ms. Clayton explained the method of calculations and stated Florida Shores is only paying for capacity they're using. Mayor Wessler explained special assessment will be their portion instead of impact fees and instead of paying $1,000 they're paying $600 and their share to upgrade the plant is 50% and the other comes from the rest of City to pay their share. Mr. Billick stated they're talking about 11.3 million and Florida Shores will pay half of that through assessments. Mr. Ferland agreed. There was discussion regarding user fees and ERU's. Mr. Ferland pointed out 50% is the capacity associated with Florida Shores build out and the other 50% is upgrading the current plant to advanced wastewater treatment and that 50% is paid by rate revenues to pay back the low interest bond. He explained the assessment is instead of impact fees and allows people to pay it over time instead of up front as the current impact fee ordinance requires. Mr. Billick and Mr. Fred Munoz discussed the different rates for water. Ms. Clayton explained the assessment steps to finalization. Mayor Wessler closed the public hearing. She then read the ordinance. ORD. 91- 0-1 - AN ORDINANCE RELATING TO THE FLORIDA SHORES AREA OF THE CITY OF EDGEWATER, FLORIDA; RATIFYING AND AFFIRMING THE CREATION OF AN IMPROVEMENT AREA WITHIN THE CITY; AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF CERTAIN CAPITAL IMPROVE- MENTS WITHIN SUCH IMPROVEMENT AREA; AUTHORIZING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE PURPOSE OF ASSESSING PROPERTIES WITHIN THE IMPROVEMENT AREA FOR THE ACQUISITION AND CONSTRUCTION OF CAPITAL IMPROVEMENTS WITHIN THE IMPROVEMENT AREA; AUTHORIZING THE ISSUANCE OF BONDS OR OTHER EVIDENCE OF INDEBT- EDNESS AT AN INTEREST RATE NOT TO EXCEED THE MAXIMUM INTEREST RATE ALLOWED BY LAW, SECURED BY THE ASSESSMENTS TO PROVIDE FUNDS FOR CAPITAL IMPROVEMENTS WITHIN 4 Council Special Meeting/Public Hearing March 11, 1991 '- ,...., PUBLIC HEARING. 2ND AND FINAL READING. ON ORD. 91-0-1 SPECIAL ASSESSMENTS FOR CERTAIN CAPITAL IMPROVEMENTS AND ISSUANCE OF BONDS (Continued) THE IMPROVEMENT AREA; ESTABLISHING THE INTEREST RATE FOR ASSESSMENTS; SETTING FORTH THE PROCEDURES FOR LEVYING ASSESSMENTS; PROVIDING FOR COLLECTION OF ASSESS- MENTS; PROVIDING THAT ASSESSMENTS MAY BE PREPAID UNDER CERTAIN CONDITIONS; SUPERSEDING CERTAIN ORDINANCES AND RESOLUTIONS RELATING TO SUCH IMPROVEMENT AREAS; AND PROVIDING AN EFFECTIVE DATE. Councilman Hays moved they accept Ordinance 91-0-1. Councilperson Martin seconded the motion. Ms. Clayton explained the ordinance can be amended but it1s intended as a broad frame work and the resolution becomes more specific and establishes details of the program. Ben Vasquez stated the City Attorney has ill advised them again and they didn't understand what held said and if they approve this ordinance tonight that's the end of the ball game for these people. He said an ordinance is a law and they won't have a chance to speak at another meeting and the only recourse is to court. Ms. Clayton and Mr. Vasquez discussed the resolution and ordinance and the advertising requirements. Ms. Clayton suggested they meet to discuss it farther. Mayor Wessler requested he meet with Ms. Clayton. Motion to accept Ordinance 91-0-1 CARRIED 5-0. PUBLIC HEARING ON RES. 91-R-9 ESTABLISHING SPECIAL ASSESSMENT DISTRICT (INITIAL ASSESSMENT RESOLUTION) - Mayor Wessler opened the public hearing on the resolution. Counci1person Gillespie stated three of them live in Florida Shores and won't cut their own throats and they represent the whole City. Councilman Hays said they're seeking the most fair and equitable way to do this for the entire City. Councilman Jones said he lives in the old section and has a sewer and paved streets and doesn't need this but the community does and they want to meet the needs of the future and get the effluent away from the river. Counci1- person Martin said they have to upgrade the river and it was reaching the under- ground water system. Mayor Wessler stated 4 years ago the sewer system was $13 million. now it's $26, and if they put it off any longer they'11 pay a lot more. Councilman Hays stated there were about 60 objections to this and he hopes the people will withdraw them when they get through with this process. Mayor Wessler suggested they might send a letter to the people on that 1 i st with their telephone numbers on it. Councilman Hays noted some names werenlt legible. Ms. Clayton said Council should acknowledge the engineer has done a lot of work and she thinks the City's ability to take advantage of the State Revolving Funds at the low interest rate and the ability to take advantage of a $2.1 million dollar grant is entirely due to the efforts of the engineer on behalf of the City. Mayor Wessler thanked Mr. Ferland. GeorQe Adams, 2021 Victory Palm, requested copies of the ordinance and resolution for several people and Mayor Wessler said he can get a reasonable number at City Hall. Mrs. Gleason, 2316 Tamarind, spoke on the mound for the septic tank on the new home behind her that interferes with her privacy fence. Mayor Wessler read the Resolution. RES. 91-R-9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, ORDERING THE ACQUISITION AND CONSTRUCTION OF A PROJECT CONSISTING OF CONSTRUCTION OF A WASTEWATER COLLECTION SYSTEM INCLUDING ANY NECESSARY ROAD RESTORATION AND RESURFACING, A PORTION OF AN ADVANCED WASTEWATER TREATMENT PLANT, AND WASTEWATER REUSE DISTRIBUTION FACILITIES, ALL WITHIN THAT PORTION OF THE CITY OF EDGEWATER, FLORIDA, INCLUDED WITHIN THE BOUNDARIES OF THE FLORIDA SHORES IMPROVEMENT AREA; DETERMINING THE ESTIMATED COST TO BE PAID BY THE CITY; DETERMINING THAT CERTAIN REAL PROPERTY WILL BE SPECIALLY BENEFITED BY THE ACQUISITION AND CONSTRUCTION OF SAID PROJECT; ESTABLISHING THE METHOD OF ASSESSMENT OF THE COSTS OF THE PROJECT AGAINST THE REAL PROPERTY THAT WILL BE SPECIALLY BENEFITED; DIRECTING THE CITY ENGINEER TO PREPARE OR CAUSE TO BE PREPARED PLANS, SPECIFICATIONS AND ESTIMATES OF COST FOR SUCH PROJECT AND A TENTATIVE ASSESSMENT ROLL BASED UPON SUCH METHOD OF ASSESS- MENT; DETERMINING AND PROVIDING THE MANNER AND METHOD OF COMPUTING SUCH SPECIAL ASSESSMENT TO FINANCE SUCH PROJECT; AND PROVIDING AN EFFECTIVE DATE. Counci1- person Martin moved they adopt Resolution 91-R-9. Counci1person Gillespie seconded the motion, adding when they start into hearings shel11 stand on the same opinions as Mr. Billick and when they go to the board of equalization she'11 see everyone gets it equal. Mayor Wessler requested audience comments and there were none. Motion CARRIED 5-0. 5 Council Special Meeting/Public Hearing March 11, 1991 ...... .."" Dec;s;on regard;ng C;tv Manager Ellv Johnson Mayor Wessler stated on Thursday evening the consensus was to terminate Mr. Johnson but they couldn't decide how to do that. Ms. Clayton reviewed discussions at prior meetings. She pointed out it's important for Council to understand when Mr. Johnson comes back with his comments, if he presents reasons that are adequate explanations for his conduct that have caused them concern resulting in their evaluation, that would be adequate for their purposes to continue his contract. She added she's spoken with his attorney. Mayor Wessler asked what she discussed with him. Ms. Clayton replied she offered Mr. Johnson $8,000 as a reasonable number to him to consider the contract terminated and that would include in addition the amount of about $6,000 for his benefits that have accrued, vacation and sick leave, making a total of $14,000, and she didn't hear a rejection. Larry Stout, 444 Sea breeze , spoke on beha 1f of Mr. Johnson. He sa i d th i s process amazes him that the City Attorney is telling them what they're willing to offer and how to solve the case. He stated Mr. Johnson has a contract with the City, they're aware of it and it provides for benefits to him in the event they want to terminate his services. He noted it's a minimum 6 months pay as well as accrued benefits. He said $8,000 doesn't figure into this and if he were to be terminated at their pleasure, he's entitled to just under $27,000. He stated Mr. Johnson is willing to continue his services for the City but the apparent consensus at the last meeting was not to let him go forward and do that job. He added the fair and honorable thing to do if they decide to terminate is to do it accord i ng to the contract and accept the compromi se dea 1. Ms. Clayton stated the opinion of at least one member of Council is that the contract has not been performed and failure to perform is grounds for terminate without have to abide by the balance of the contract. She explained verbiage in the contract regarding lack of performance and noted to pay someone more money than they believe necessary to terminate a contract isn't what they elect to do. Mr. Stout stated this issue, whether for cause or not, isn't going to be decided here and it makes sense for the parties to come together and resolve it rather than carry it on. Councilman Hays explained his extensive review of the issues and noted the Code and Charter provide authority to appoint and remove a City Manager by majority vote with a hearing to be held if requested by the City Manager and salary to be continued. Ms. Clayton stated the ordinance was superseded by the contract that provided severance. Councilman Hays noted they'd discussed 30 days relieved of duty with pay. Mayor Wessler asked the amount. Ms. Clayton replied about $5,500 if they find grounds to terminate the contract. Councilman Hays asked if at the end of 30 days Mr. Johnson wants to be here and they still feel as a majority he needs to be removed, they'll go into hearings that could go into weeks. Ms. Clayton reviewed the meetings scheduled for the 4th and 15th for his response and said he could request a hearing by Council in addition to that. She noted he may elect at any time to go to court. She said the concern of the City is how to go about the business and the ordinance says they can suspend the City Manager with pay and appoint and Interim City Manager. Councilman Hays stated Mr. Johnson would have 30 days to decide if he wants a hearing or pursue it in court or go his way and that would be the end. Mayor Wessler said at the April 15th meeting if he requests more time they have to give it to him and pay him. Ms. Clayton explained they'd determine a reasonable time on the 15th and it won't be a very long period of time because they've given 20 days in terms of hearings, and they're in that process now, and are trying to give Mr. Johnson opportunity to meet with each Council member and discuss his evaluation and prepare his response to the evaluations. She added he has to decide if he wants to continue with the City and meet Council's expectations. She said if more time is needed on the 15th in the interest of fairness a week, 10 days, or 2 weeks, they'd continue the suspension with pay but try to insure a fair process. She pointed out they're dealing with his job and it's important to protect both the interest of the City and his interest. Councilperson Gillespie asked the figure with benefits from his attorney. Mayor Wessler said it was $18,500. Councilperson Gillespie asked what that includes. Mr. Stout said he didn't go into what benefits add up to because the City provides it to all employees. He added the contract made when he was employed would be just under $27,000 if terminated at their pleasure. He stated he doesn't think they're into the 30 day period because all they did was ask him to respond. Mayor Wessler said if they have an employee and he doesn't do his 6 Council Special Meeting/Public Hearing March 11, 1991 , . ~ ..." Decision regarding City Manager Elly Johnson (Continued) job, why pay him because he didn't do his job. She said it's a monetary question and some feel that when someone doesn't do their job they should not be paid anything. Mr. Stout said he has a difference of opinion and she's already made up her mind no matter what he comes up with. Mayor Wessler pointed out she's 1 of 5 and maybe she could change. Mayor Wessler called a recess at 9:52 p.m. and called the meeting back to order at 9:55 p.m. Mr. Stout asked that Mr. Johnson give a few remarks and Mayor Wessler agreed. Mr. Johnson stated the bottom line was $18.4 plus benefits and the only thing he asked for in benefits, even though he's entitled under the contract, was vacation and sick leave. He said it would be about 4 months by the time they suspend and the City can get on with their business. He stated he doesn't have an axe to grind with the Mayor or anyone on Council and he respects their right to change the City Manager but he does disrespect their right to go into the contract and one or two staff members, but that's a problem they'll have to deal with. He said he told Mr. Stout it was $18.4 plus sick and vacation and he's turned in everything but his ID card and mounting brackets for his car that the City paid for and can pay to remove. He added they can hire anyone they want for City Manager and he thinks it's their right and that's why most City Managers have contracts. He said he didn't ask for the money for ICMA and will ask that it be released which is standard procedure. He stated he can justify everything they said and he had witnesses that heard the conversations that will be called forth to testify. He added he cannot give them any answer they will accept and after the process is gone through they'll fire him and he'll have them in court if it takes every penny he has plus friends have offered to help him fight them legally. He said they got the CIP off the ground and they should be commended and he hasn't changed since he came in for interview and he'd told them the type of Manager he is and they said that was what they wanted. He said if they don't settle the $18.4 plus benefits they might as well fire him because that's it and they'll go to court and see who wins. Councilperson Gillespie said this is his style and has been his style and that's been part of the problem and they get along outside City Hall. She moved to give him the $18.4 and benefits. Doris Hill asked to speak. Mayor Wessler advised she could speak when they've discussed it. Councilman Jones seconded the motion to bring discussion on the floor. He said he hasn't had a problem with Mr. Johnson and it's too bad he can't continue on but it's obvious the relationship isn't there and the most important thing is the direction the community is going to take. Councilperson Martin said she thinks he's a very sociable fellow and has nothing against him personally but doesn't think he's fulfilled his contract by getting down to nitty gritty and being an on the job City Manager and get the CIP going without paying dollars to consultants. She said it should have been done in the past 2 years and with his help it could have been accomplished. She added she's sorry he doesn I t seem to want to work with the present Counc il because she has nothing against him personally. Doris Hill, Lincoln Road, stated Council's trying to break a contract agreement as they did with the City Attorney. She said on March 4th they discussed the evaluation and agreed to give Mr. Johnson a month to bring his performance list up to their expectations and then two days later the Mayor called a special meeting to discuss it further and didn't notify him what it was about or to have his attorney there. She asked what happened between Monday and Wednesday and if people demanded they get him out immediately at all cost. She asked why it's so important to get rid of the Attorney and Manager, her theory is they want the Mayor in complete charge of the City and they're talking about dictatorship. Freeman Newell, 2350 S. Ridgewood, stated they have a right to a City Manager and City Attorney they want. He suggested the contract go through February or March after election to give the next Council time to renew the contract or not and not cost $50,000. Mayor Wessler said they're looking into that. Joe Martin, property owner in Florida Shores, reviewed efforts of prior Managers and said he's seen progress in the last 2 years with Mr. Johnson here and thinks he's doing a good job. He said they've made a serious mistake by raising this question and have caused damage to progress of this City. He added there's a strong feeling there's a secret agenda and he cannot see a reason as the only continuity is through the City Manager. 7 Council Special Meeting/Public Hearing March 11, 1991 ....,. ..."" Decision regarding City Manager Ellv Johnson (Continued) Dominic Capria, 606 Topside Circle, asked their expectations versus what Mr. Johnson's work has been. Mayor Wessler replied they discussed all the issues a week ago and he can get records at City Hall. Councilperson Gillespie said itls all a matter of public record. Councilman Jones said held like Mr. Johnson to give them a written reply at the 15th and keep him on board and go through the responses and see where he stands with them as he has a right to respond. Cliff Clark, India Palm, stated rumors are theyld eliminate the different people. He reviewed payments made to prior City Attorneys and City Managers. He said he hasn't had problems with Mr. Johnson and the Mayor said he did a good job and went by the book and wouldn't deviate. He said if he's doing wrong they should get rid of him but not if itls a personal vendetta. He asked whols next and how much will it cost the taxpayers. Motion to pay $18.4 plus benefits DID NOT CARRY 2-3. Councilman Hays, Mayor Wessler, and Councilman Jones voted NO. Councilman Jones moved they give Mr. Johnson a chance to reply on the 15th and keep him on board and use his services until then until they can get an answer and determine their decision then. Councilman Hays asked if he should be in his position or suspended with pay. Councilman Jones said keep him on board, suspension with pay is just a vacation, and if he's going to get paid he should work for it. Councilperson Gillespie asked if would be through April 15th as this seems difficult on him. Councilman Hays seconded the motion for discussion and asked if that would be considered the same as they covered in the ordinance except held be working and if it would be put on notice. Ms. Clayton replied no, they need to clarify the evaluation given to Mr. Johnson and discussions that took place 2-3 days later involved enough concern on Council's part about the lack of performance that there was a border line for an immediate termination with cause and failure to perform. She pointed out they have to give the person an opportunity to respond and be heard and then it's a judgement call of Council of whether there's more harm leaving someone they have little confidence in to perform his work while he has an opportunity to respond or relieve him of his duties. She noted in the evaluations they put Mr. Johnson on notice they had serious concerns about his performance and identified what they were and were going to meet with him. Councilman Hays stated Mr. Johnson has moved out of his office except a couple of things. Mr. Johnson said he moved his personal stuff out and doesnlt have a problem with responding to the evaluation and wishes they'd reconsider the motion that failed. He said he can subpoena state witnesses who can say he's not hard to get a long with. He added they won't change their mind and if they don't want to pay him a severance, fire him, and 1 et the court dec i de. He rev i ewed other benef i ts he'd had, such as car allowance. He said he can't sit in that office and operate the City on a daily basis under this cloud. He noted they had confronted some employees and under the Charter the employees are under him. He said he'll withdraw his offer after tonight and they'll go by the contract. He stated they're causing defamation of his character when he goes for a job and someone will pay for it. He said he wants a signed agreement and he'll be out of here. Ms. Clayton stated only Council knows their intent and it's not fair to characterize the intent of being a foregone conclusion because that's not the case and concerning defamation of character they have to have a lot of elements that are not present here and Council doesn't have to be that concerned with it because there were factual basis on each of their parts. Councilman Hays withdrew his second to the motion and motion then DIED for lack of second. Councilperson Gillespie moved they pay him the $18.4 hels asking for with his limited benefits he stated and then come to a settlement. Councilperson Martin said to get on with City business they were elected for she seconded the motion. Harry Jones, 3035 Tamarind, reviewed his experience in personnel management and his experiences as Chairman of the Merit Board with Mr. Johnson. He said he didn't always agree with him but they have a case in front of them and should pass the motion and get it over with and settle. Motion CARRIED 3-2. Mayor Wessler and Councilman Jones voted NO. 8 Council Special Meeting/Public Hearing March 11, 1991 ..,..... -."I Mayor Wessler recessed the meeting at 10:35 p.m. and called the meeting back to order at 10:38 p.m. REPORT ON CCNA PROPOSALS FOR ENGINEERING FIRMS TO DESIGN RECLAIM WATER PLAN AND FOR WATER DISTRIBUTION SYSTEM IN CONJUNCTION WITH PARK AVENUE WIDENING PROJECT Councilperson Gillespie explained their review of the proposals. She suggested the presentations be limited to 15 minutes. Councilman Jones moved they approve the recommendation of the Acting City Manager, Alternative 1. Council person Martin seconded the motion. There was discussion about a date for the presentations. Councilman Jones reworded his motion to accept alternative 1 and the oral presentations be made on the next Council meeting the 18th. Council- person Martin seconded. Motion CARRIED 5-0. Mike BnHck, 2528 Lime Tree, asked how they'll pay for the design for the reclaim water plan. Mayor Wessler advised money's available and after they negotiate the contract they can make the budget adjustments. Mr. Billick asked why it wasn't done for the reclaim water for Florida Shores since they're doing it for one section of the City. He stated the wastewater treatment plant is the entire City1s concern, not just Florida Shores and they're trying to make it a separate project instead of CIP. DISCUSSION ON DITCH AT ROTARY PARK Jack Corder, Parks and Recreation Director, stated the park land was purchased in 1986 and drainage ditches were already in place and easements were taken in 1979-80 on the ditches on the South and West end of the park. He said the ditch is dry now because of lack of rain but it1s a hazard and is 6-7 feet deep and kids go over it getting to the park. He said it has presented a major problem there and their best option to correct it is the most expensive and other options would be short range solutions. Mayor Wessler asked whose ditch it is. Mr. Corder replied the property owner. Mayor Wessler asked who maintains it. Mr. Corder said the City. Ms. Clayton explained it would be a shared responsibility but the City would probably pay. Alice Murphv asked if it1s the pond or ditch. Mr. Corder said the liability keeps coming up and a homeowner said held sell his portion of the ditch for $1. to get rid of the liability. Mayor Wessler asked why they can't put it 61 as itls 8' on one side and 6' on the other. Mr. Corder said it would be on the park side and they go over 6 feet too easily. Mayor Wessler asked if it's chain link. Councilperson Gillespie said she'd like to see a combination of pipes with fencing if they can't go the whole route on pipes and close it over for safety since it attracts children. Mr. Corder said stormwater may add to that problem in the future. Gates Castle, City Engineer, said the stormwater master plan for this ditch calls for it to be about 2 feet deeper than it is now and he cannot see maintaining it at 10 feet as an open drainage ditch and the banks would be too steep. He said if they put the entire plan into effect that would be piping in the future and the cost is very expensive to pipe a ditch like this. He noted he had piped ditches in South Florida and didn1t have open ditches and canals. Councilman Jones said the citizens pay $3 a month fee and asked if they could use that money to pay for it. Mr. Castle explained the stormwater utility fee can be used for operation and maintenance costs on capital expenditures such as this and to put forth bond issues to pay back bond issues for larger projects with stormwater utility fees being used as backing for the bonds. He said he doesn1t know the present status of the stormwater fee if it could pay for a project like this or if it's strictly an operation and maintenance mode. Councilman Jones said they have a park there and a high concentration of kids with higher possibility of problems and the banks are straight. Mayor Wessler noted people in Wildwood were creating nuisances and if they piped it they'd have a straight runway. Mr. Castle suggested a combination of piping and fencing. Councilperson Gillespie said this seems to be a mutual problem and the City has the major cost if they want piping and the landowner has the fence. Mayor Wessler pointed out landowners have the problems with kids in their yards. There was discussion regarding using just piping, just fencing, or a combination and sett i ng a precedence. Mr. Corder noted the City owns property runn i ng to Wildwood Avenue where they can put a walkway through for access and there's a culvert already there. There was discussion of where to get funds and use of recreational funds. Mr. Corder pointed out if fencing is on the park property they can use those funds for the fence. Councilperson Gillespie said she wants it brought up again when they have the funds to start the project with piping. 9 Council Special Meeting/Public Hearing March 11, 1991 w ..." DISCUSSION ON DITCH AT ROTARY PARK (Continued) Councilman Hays moved they go with the 8 foot fence on Rotary Park side with the ingress, egress gate off Wildwood which is the South and west property. Councilperson Gillespie seconded the motion and added paid for by recreational funds. Councilman Hays agreed. Mr. Corder asked to go out for bids. Councilman Hays amended his motion to have Jack Corder go out for bids for the 8 foot fence on Rotary Park side and ingress/egress. Councilperson Gillespie seconded the motion. Ms. Clayton suggested in the future before they allocate funds they should identify the source of funds identified so they will have that in front of them. Motion CARRIED 5-0. Alice Murphy asked who built the ditches and if it was recently. Mayor Wessler replied they're old. Mrs. Murphy reviewed various things she'd been told about Wildwood and the park and use of recreational funds. She suggested it might be cheaper to hire a director to keep people out of the water than be liable. Mayor Wessler noted the problem is the ditch. Councilman Hays spoke on the slope of the pond. Mayor Wessler said the President of Rotary will fix the slope. Councilman Jones referred to when the property was purchased while he was on the Parks and Recreation Board. Mr. Corder said nothing was done to the park to ease Wildwood flooding, ditches weren't changed or rerouted, and the pond was dredged because it was a mess and they had a snake problem. George Naill, Royal Palm, stated they may be setting a precedent with ponds throughout Florida Shores and the rest of the City and fencing. Mayor Wessler explained they're not fencing the pond, the pond is fenced with Rotary Park to keep the kids off the dirt mound. There was discussion regarding the exact location of the ditch in relation to the pond. RATIFICATION OF POLICE BENEVOLENT ASSOCIATION CONTRACT Councilman Jones moved they ratify the Police contract. Councilperson Gillespie seconded the motion. Motion CARRIED 5-0. Mayor Wessler stated they need to appoint an Acting City Manager this evening. Councilman Jones suggested they go through Florida League newspapers and set a screening committee with a couple of City Managers in the area and a Council member to serve and narrow it to 3,4, or 5 applicants and bring it back with recommendations. There was discussion about who would serve in the interim time while advertising for a City Manager. Councilman Jones suggested Jack Corder, Council person Martin suggested Susan Wadsworth; Councilperson Gillespie suggested Fred Munoz, and suggested they bring the man from the League of Cities who does audits of management personnel; and Councilman Hays said he didn't have a problem with Fred Munoz. Council person Gillespie said it's not fair to deal with a personnel problem by someone that's also a department head in charge temporarily and Council should take that load off whoever is Acting Manager and asked that the responsibility be removed from whoever is appointed. Councilman Hays suggested they may want to consider the organizational chart he recommended. Ms. Clayton suggested it be on a future meeting agenda. Councilman Hays said it could address Mrs. Gillespie's personnel concerns. Ms. Clayton suggested if she has time the Mayor to be more active in day to day operations and she can help in regarding to maintaining the chain of command. She suggested they may want a meeting with all employees as soon as possible and Council members could talk with them and tell them what will take place and introduce the Acting City Manager and say how they'll replace the City Manager and what to expect. Mayor Wessler asked Susan Wadsworth if shelll take it and Susan indicated no. Mayor Wessler said she and Mrs. Martin had the same concerns about putting a department head in the position, but they could say this acting City Manager takes care of City business but cannot hire or fire without consulting Council. Councilperson Martin suggested the Chief or Gates Castle. Mayor Wessler said she wanted Susan Wadsworth and is disappointed but as alternate shelll go with Fred Munoz. Councilman Hays asked Mr. Munoz if he's interested. Mr. Munoz replied yes. Councilman Hays asked how he could help deal with the personnel issue. Mr. Munoz replied he has no problem with any Department Heads and respects all of them and has talked with another city regarding how they solved the division that developed. He said all the Department Heads do a super job. He reviewed the capabilities of personnel in the various departments. He stated he intends to apply for the position and thinks they should send away for the ICMA sample contract. He said he agrees with the hiring and firing and some City Managers 10 Council Special Meeting/Public Hearing March 11, 1991 j/ ,- ...... ..." Appointment of Actinq City Manaqer (Continued) want all the power but he thinks that's a problem, because the ultimate arbitrator has to be the Council. He reviewed how the violations should be handled. He said Council should always have the right to talk to any Department Head without their going back to report. He added held like to know about it if it's a major issue. He pointed out a meeting with all personnel sounds good but overtime is involved and he thinks they should consider going to the work site. He stated he's ready to work hard here for them and not ready to quit every day at 4:30 and he's willing to do whatever needs to be done. He said he wants to get around and see what1s going on and they need to share information and have employees provide feed back. Mayor Wessler asked about a raise in pay. Ms. Clayton stated usually when they take additional duties they can step up to 10% of their salary. Mayor Wessler asked his salary. Mr. Munoz replied $38,106. Mayor Wessler asked to research more and put it on the agenda and make it retroact i ve. Mr. Munoz sa i d the figure he had was $42,000. Councilperson Gillespie moved they appoint Fred Munoz as Acting City Manager until such time as they hire someone in a full time position. Councilman Hays seconded the motion. Motion CARRIED 4-1. Councilperson Martin voted NO. Mayor Wessler suggested they direct Ms. Clayton to put out ads and perhaps have an internal audit. Councilman Jones said he's talked with Frank Roberts who will be willing to help and give suggestions and serve on a screening committee for applicants. Councilperson Gillespie asked the City Attorney if it1s standard procedure to do something since both parties were released and they just finished the audit. Ms. Clayton said Fred needs to handle day to day operations with bills to be paid and funds collected but they don't know what was swept under the carpet and if they have an opportunity to do that at a reasonable sum they may come out ahead because that person can provide preventive medicine and identify things that might otherwise erupt. She added he could say reorganizations should happen and it might be easier to have someone not in a direct relationship as an employer/employee. She said with the questions and allegations it might be helpful to do fundamental probing by someone independent. Mayor Wessler asked if they should advertise for it. Ms. Clayton replied it depends on how much it would cost. Councilperson Gillespie asked that she give them the legal aspects and finish it Monday. Mayor Wessler asked Ms. Clayton to work up the advertisement for City Manager. Ms. Clayton suggested they have the session tomorrow with employees and have a motivation discussion. Mayor Wessler replied they would. Councilperson Gillespie moved to adjourn. Councilman Jones seconded the motion. Meeting adjourned at 11:45 p.m. Minutes submitted by: Lura Sue Koser ~-~~ ~ - CITY CLERIt ApRroved th i s /..5 day of ~ . ~91-. (~;O. ~~~~~) ~ ATTEST: 11 Council Special Meeting/PubliC Hearing March 11, 1991