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02-05-1990 - Regular " .....,. '-" CITY COUNCIL OF EDGEWATER REGULAR MEETING FEBRUARY 5, 1990 MINUTES CALL TO ORDER Mayor Mitchum called the meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor David Mitchum Councilman Dan Hatfield Councilmember Gigi Bennington Councilman Russell Gold Councilman Thomas Fish City Attorney Josel Alvarez City Manager Elly Johnson City Clerk Susan Wadsworth Chief Lawrence Schumaker Present Present Present Present Present Arrived Later Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE Reverend Steve Odom, Edgewater Baptist Church, delivered the invocation. There was a pledge of allegiance to the Flag. Presentation of February Beautification Award. Charlie Cobb1s State Farm Insurance. 341 North Ridgewood Avenue - Mayor Mitchum and Mr. Johnson presented the certificate to Mr. Charlie Cobb and expressed their appreciation. APPROVAL OF MINUTES Regular Meeting of January 10. 1990 - Councilman Gold moved for approval of the minutes. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Special Meeting & Public Hearings of January 22. 1990 - Councilman Fish moved they accept the minutes of the January 22nd meeting. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. CITIZEN COMMENTS Mayor Mitchum advised there1s a three minute time limit unless Council wishes otherwise. Norman Billups, 1860 Pine Tree Drive, spoke on the sewer survey count with a number of votes from people outside the City and State and from land speculators and investors. He asked who discovered the discrepancy in the votes. He stated the credibility gap has widened, and requested a recount by the citizens. He said they should have a section on ethics and voters must demand openness and honesty in government. He distributed copies of his letter to Council and urged people to register to vote. Ed Hanev, 2504 Hibiscus, asked about the change for chain link fences from 4 foot to 32 inches. Mark Karet, Planning/Zoning Director, stated held look into it since 32 inches isn1t a standard size. Harry Jones, 3035 Tamarind, asked when the people, especially in Florida Shores, wi 11 find out what the sewer system wi 11 actua 11y cost. He asked when the assessments will begin and if it would be paid monthly or annually, and if the figures they'd received were from bids. Mr. Johnson explained they were not based on bids, but on estimates, and there won't be firm prices until bids are taken, which is a requirement of State law, and the estimated costs will be revised shortly. He pointed out the State is requiring all improvements to the wastewater system to be the advanced treatment, and the financial advisor will look at a long term payback and it may be put on the tax bill. Mr. Jones asked if their property values will go up when theylve spent about $5,000. Mr. Johnson replied the tax assessor is the only one who can answer that. Mr. Jones stated they'll be paying money the City is requiring and their taxes will probably go up. Mr. Johnson explained that based on lots in the community that are served by sewer and not served by sewer there is a difference in value. Mr. Jones stated held talked with Cliff Burgess from Port St. Lucie and he had nothing good to say about this system and they have 4,000 to 5,000 in the area now but there are too many problems. He added the problems are with those that were in for 4 or 5 years so probably 4 or 5 years is the life of the system and they don't want it because they feel theylll have to dig them up and put in gravity systems. '-' ..... CITIZEN COMMENTS (Continued) Harry Jones (Continued) Mr. Jones stated Mr. Burgess didn't object to his taping of their conversation and Council could listen to the tape. Mayor Mitchum stated they'll have a meeting and workshop on this soon and that will be the proper time as he'd be interested in hearing it. Mr. Jones stated Mr. Burgess is Director of Public Works and has many years experience and the gravity flow system, even though it costs more to go in initially, is better than the low pressure system. Mr. Johnson stated assessments are not levied until the project is completed and it could be 1-1/2 to 3 years. He added he's known Mr. Burgess for 15 years and his reputation. He asked Mr. Jones to further check who put it in and what kind of corners they cut to put it in, because it wasn't the City. Mr. Jones stated it was the developer and it would be a good system for the developer and it would be cheap. Frank Roe, 2732 Juniper Drive, stated most people seem to want the low gravity system sewer. He suggested they run a pipe on the side of the road to avoid tearing it up. He added the low gravity system is throughout the City and there seems to be no problems with it. Mr. Roe asked what Council would use in evaluating the City Manager for his six months. He said he hasn't seen any improvements that would warrant an increase. He added all they get is answers to people's questions and don't hear any suggestions for improvements on how to save money. He noted he has nothing against the City Manager but wanted to know how they'd evaluate the position. John Siburn, Connecticut Avenue, stated there should be a third investigation before the City hires anyone because after they hire someone knowledge comes through that could be easily obtained through proper investigation. He asked what the City Manager has done for the taxpayers, and noted the sewer and franchise taxes have gone up. Mr. Siburn asked to keep the 12 hours in the Police Department because "a happy cop is a good COp". Richard Hitchcock, 3313 Woodland, asked if Council had made up their minds for a low pressure system. He asked they keep an open mind and if they're basing their decision on this survey, they should forget it, as he voted twice because he owns two lots. He asked that Council listen to concerned citizens and vote accordingly. Galen McClain, 3119 Queen Palm, spoke on disparaging comments on the radio by Clay Henderson, who was former Chairman of the County Council, regarding Edgewater, and that held "washed his hands II of Edgewater because the City didn't collect road impact fees. He referred to the newspaper article with statements by Mr. Henderson that he didn't have time for his New Smyrna Beach law practice because of his County Council job. He suggested Mr. Henderson resign if he loses money on Council and that Edgewater "wash their hands II of Mr. Henderson if he seeks re-election. CONSENT AGENDA Police Chief1s request to purchase three Motorola 8 channel Svntar radios with siren for three new patrol vehicles: Public Works Director1s request to ao out for bids to resurface Riverside Drive from SR 442 to Park Avenue and Flaaler Avenue from 12th Street to Park Avenue: Volusia Council of Government's request for $371 contribution as Citv1s per capita share for Countywide census pro- motional campaian - Councilman Fish asked to remove item 5B on resurfacing. Mayor Mitchum asked for a motion to close the consent agenda. Councilman Fish so moved. Councilmember Bennington seconded the motion. Motion CARRIED 5-0. Councilman Hatfield moved they accept the consent agenda. Bennington seconded the motion. Motion CARRIED 5-0. Councilmember Public Works Director1s request to ao out for bids to resurface Riverside Drive from SR 442 to Park Avenue and Flaaler Avenue from 12th Street to Park Avenue - Councilman Fish asked if they'll resurvey before they pave this to be sure of the proper location. Mr. Johnson explained the street has been there over seven years and the assumption is it belongs to the City, and Carl Overstreet had done some research and the County had given it to the City. Mr. Overstreet, Public Works Director, stated there was controversy over Riverside Drive ownership and 2 Council Regular Meeting Minutes February 5, 1990 '-'" ...." CONSENT AGENDA (Continued) Publ;c Works D;rector's request to go out for b;ds to resurface R;vers;de Dr;ve from SR 442 to Park Avenue and Flagler Avenue from 12th Street to Park Avenue - in checking with the County's Public Works and Planning and Zoning, Riverside Drive in the City of Edgewater belongs to the City, the same as in New Smyrna Beach, and the County doesn I t 1 ay c 1 a im to any part of Rivers i de Dr i ve. Councilman Fish asked if since they are going to this expense, can they include a bike path from Veterans Park to Kennedy Park. Mr. Johnson replied it's a good possibility the first priority under the Port Authority grant is for a path along that road and the cost will be expensive. Councilman Fish asked a time frame. Mr. Johnson reviewed the conditions of Riverside, Flagler, and India Palm. Councilman Fish asked what problems they'd have with starting a bike path. Mr. Johnson explained funds are the biggest problem and they'd have to draw up plans and get estimates. He added the City' s priorities are now for Indian River Boulevard and Roberts Road and they'll meet soon to make Roberts Road the number one priority because of the new school and make 442 the second priority. Councilmember Bennington asked the size of the right of way on Riverside. Mr. Overstreet replied 50 feet, and only about 24 feet is paved. Councilmember Bennington stated she'd gone to the Blue Ribbon Committee meeting with Jack Corder and it was indicated a grant was never given for a bike path along a riverfront so it's an "iffy" situation if they'd do it and it's a 50/50 matching funds. Mr. Johnson pointed out some programs approved this year were innovative and they have time to put it in the budget for next year. Councilmember Bennington asked if they can widen it when they resurface if only 24 feet is paved. Mr. Johnson explained they have to put a base down and if concrete is used, it's higher. City Attorney Alvarez arrived at the meeting at this time, 7:35 p.m. Councilmember Bennington asked if they can go out for bids as a separate item. Mr. Johnson explained they set priorities on bike paths already and they can't do both projects.' Counci 1 member Bennington noted they were going to have a meeting the end of January on bike paths. Mr. Johnson stated held asked for 3 to 4 weeks to come up with material costs for Roberts Road as they have to look at drainage. Councilmember Bennington asked if they could have an additional spec not to be included in the bid price to be for widening a little but not to be committed. Mr. Johnson noted they'd still need plans and specifications. He added they're hoping to get at least 50% of the money from the Port Authority but if Council wants to change the plan, he has no problem with doing it. He said they have to apply to St. Johns River Water Management District and put retention in and check drainage. He added they're designing Turgot Avenue and it's a major problem because of stormwater and any new streets are required to have stormwater retention in place and a permit. Councilmember Bennington asked if they want to go out for bids to resurface 24 feet of Riverside. Mr. Johnson agreed, and Flagler will be the same way. Councilman Fish stated he has no problem with Flagler but priorities have changed to Roberts Road for first priority with the new school and Riverside would be second because he feels it would be more beneficial and useful than Indian River Boulevard. Mr. Johnson pointed out the State will probably help take care of Indian River Boulevard, and in the next three months they have to put plans together for Jack Corder to apply. Councilmember Bennington agreed with Councilman Fish that her first priority would be Roberts Road and then Indian River Boulevard because the School will open in January. Councilman Hatfield moved to accept the request of the Public Works Director and go out for bids for resurfacing this because of Riverside Drive and Flagler Avenue. Councilmember Bennington seconded the motion. Motion CARRIED 5-0. NEW BUSINESS Land Development & Regulatory Agency's recommendation to amend Code to allow Light Manufacturing as permitted use in 1-1 light industrial zoning district Mr. Johnson stated the LDRA recommended the City adopt an ordinance permitting light manufacturing in I-I and staff also recommends it. Councilman Fish moved they accept the recommendation of the LDRA, as he doesn't see a problem with including light manufacturing in an industrial zoned area. Councilmember Bennington seconded the motion. Motion CARRIED 5-0. 3 Council Regular Meeting Minutes February 5, 1990 'r'" 'W/f! ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS First Readinq: Ord. 90-0-2 Landscaped screeninq buffer in certain districts when abuttinq a residential use or district - Mayor Mitchum read the Ordinance. ORD. 90-0-2 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING SECTION 200.00 INTERPRETATIONS OF CERTAIN TERMS AND WORDS; SECTION 606.04 B-5 PLANNED SHOPPING CENTER DISTRICT; SECTION 607.00 I-I LIGHT INDUSTRIAL DISTRICT; SECTION 607.02 1-2 HEAVY INDUSTRIAL DISTRICT; SECTION 607.02 1-3 INDUSTRIAL PARK DISTRICT, BY ESTABLISHING A DEFINITION FOR A LANDSCAPED BUFFER AREA; BY DELETING THE OLD DEFINITION OF BUFFER AND ADDING A NEW DEFINITION OF BUFFER AREAS; AND CHAPTER 14, SECTION 14-77 LANDSCAPED BUFFER AREA, BY REQUIRING THE MAINTENANCE OF A LANDSCAPED BUFFER AREA AND ESTABLISHMENT OF A VISUAL AND NOISE BUFFER AREA AT LEAST SIX FEET ABOVE THE GROUND LEVEL; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Bennington moved they adopt Ordinance 90-0-2. Councilman Gold seconded the motion. Motion CARRIED 5-0. Ord. 90-0-3 Creatinq minimum standards for wetland protection to comply with Volusia County requirements - Mayor Mitchum read the Ordinance. ORD. 90-0-3 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CREATING SECTION 9.6, ENTITLED "CITY OF EDGEWATER MINIMUM STANDARDS FOR WETLANDS PRO- TECTION ORDINANCE", BY PROVIDING FOR CERTAIN DEFINITIONS; BY ADDING THE MINIMUM ENVIRONMENTAL STANDARDS FOR WETLAND PROTECTION; BY PROVIDING FINDINGS OF FACT; BY PROVIDING FOR PURPOSE AND INTENT; BY PROVIDING FOR STATEMENT OF JURISDICTION; BY PROVIDING FOR PERMIT REQUIREMENTS; BY PROVIDING FOR PERFORMANCE STANDARDS; BY PROVIDING FOR ENFORCEMENT; BY PROVIDING FOR WETLAND IDENTIFICATION; BY PRO- VIDING FOR ENVIRONMENTAL PLANNING; BY PROVIDING FOR MITIGATION REQUIREMENTS; BY PROVIDING FOR BUFFER REQUIREMENTS; BY PROVIDING FOR EXEMPTIONS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Gold moved for approval of Ordinance 90-0-3. Councilmember Bennington seconded the motion. Councilman Fish asked if this and the next ordinance are what the County wanted adopted. Mr. Johnson agreed. Councilman Fish noted this could mitigate some friction between the County and City. Motion CARRIED 5-0. Ord. 90-0-4 Amendinq Article III. stormwater manaqement. to comply with Volusia County requirements - Mayor Mitchum read the Ordinance. ORD. 90-0-4 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING ARTICLE III, STORM WATER MANAGEMENT OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY PROVIDING FOR INTENT, DEFINITIONS, PERMITS REQUIRED, EXEMPTIONS, GENERAL REQUIREMENTS, SHORELINE PROTECTION, PERMIT APPLICATION PROCEDURES, PERMIT FEES, PLAN ADHERENCE, MAINTENANCE, ENFORCEMENT, PENALTIES, VARIANCE PROCEDURES, EMERGENCY EXEMPTION, AND VESTED RIGHTS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish moved they accept Ordinance 90-0-4. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Res. 90-R-7 Appointment to fill vacancy on Citizen Code Enforcement Board due to resiqnation of James Norris - Councilman Fish moved they accept alternative 2 to direct staff to advertise for more applications. Councilman Gold seconded the motion. Councilmember Bennington stated she had a nomination. Councilman Hatfield agreed held like to see more than this. Motion CARRIED 5-0. Res. 90-R-8 Cancellinq February 19. 1990. reqular meetinq due to national holiday and reschedulinq to February 14. 1990. to comply with Code requirements - Mayor Mitchum read the Resolution. RES. 90-R-8 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, CANCELLING THE REGULAR SCHEDULED MEETING OF THE CITY COUNCIL FOR FEBRUARY 19, 1990, AND RESCHEDULING THE MEETING TO FEBRUARY 14, 1990; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hatfield moved they accept Resolution 90-R-8. Councilmember Bennington seconded the motion. Motion CARRIED 5-0. Res. 90-R-9 Appointing Sondra Meaqer-Penqov as employee representative on Merit Board - Mayor Mitchum read the Resolution. RES. 90-R-9 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE MERIT BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR POWERS, DUTIES, AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. He stated the term of office is for one year to end February 4, 1991. Councilman Gold moved for approval. Councilmember Bennington seconded the motion. Motion CARRIED 5-0. 4 Council Regular Meeting Minutes February 5, 1990 '-' ...., ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS First Reading: (Continued) Res. 90-R-IO Appointing Mary Lou McDonald. Charles Chamberlin. and Robert Deloach as employee members on the Board of Trustees of the General Employees Retirement Plan - Mayor Mitchum read the Resolution. RES. 90-R-10 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING MARY LOU MCDONALD, CHARLES CHAMBERLIN, AND ROBERT DELOACH TO THE BOARD OF TRUSTEES OF THE CITY OF EDGEWATER, GENERAL EMPLOYEES RETIREMENT PLAN; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR POWERS, DUTIES, AND RESPONSIBILITIES: REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. He stated the terms of office are for two years to end February 4, 1992. Councilman Fish moved they accept 90-R-10. Councilman Gold seconded the motion. Motion CARRIED 5-0. Second Reading (Public Hearing): Mayor Mitchum requested a motion to go from the regular meeting to the public hearing. Councilman Fish so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Ord. 89-0-39 Adopting merit system policy, pay plan, and classification and pay schedule - Mayor Mitchum read the ordinance. ORD. 89-0-39 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 13-29 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ADOPTING A NEW MERIT SYSTEM POLICY; A CITY OF EDGEWATER PAY PLAN; A CLASSIFICATION AND PAY PLAN AND CLASS DESCRIPTIONS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He requested audience comments. There were none. Ord. 90-0-1 Convenience store robbery prevention - Mayor Mitchum read the ord i nance. ORD. 90-0-1 - AN ORD I NANCE OF THE CITY COUNC I L OF THE CITY OF EDGEWATER, FLORIDA, AMENDING CHAPTER 12, "OFFENSES AND MISCELLANEOUS PROVISIONS" OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY CREATING ARTICLE III, SECTION 12.6 ENTITLED "CONVENIENCE STORES" BY PROVIDING FOR DEFINITIONS: ESTABLISHING REGULATIONS; ESTABLISHING SECURITY MEASURES INCLUDING TRAINING, NUMBER OF PERSONNEL TO BE ON DUTY AND LIGHTING REQUIREMENTS; ESTABLISHING A RIGHT OF ENTRY FOR INSPECTION: ESTABLISHING PENALTIES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. He asked for audience comments. Yvonne Britain, Conoco employee, 607 N. Ridgewood Avenue, spoke on the safety items they have, such as automatic locking doors that must be locked when the cashiers are out of their areas, drop safe, limited cash in the drawers, signs posted, clear windows with no signs to be posted without a supervisor's approval, adequate lighting, robbery and safety training meetings, employees are not allowed out after dark, emergency lights for power outage, and bulletproof security shields. She said they'd be willing to install a security camera but feel their most important asset is their security shield. She said they appreciate the City taking an interest in the safety of the employees, but where does it stop. She pointed out the danger of having one Police officer per car. She asked Council to give consideration to those that have security shields. Ms. Rhonda Cain, Conoco employee, reviewed the past experience of robberies with 40 stores in Florida, noting all have shields now. She asked Council to research all the facts prior to making a final decision. Sue Roberts, 2934 India Palm, Co no co employee, stated she's been a night cashier for some time and they're very safety conscious in the way they do their job and the environment in which they do them. She asked Council to consider making the community safer because two clerks won't prevent someone from robbery. Councilman Fish asked about the automatic locking doors. Mrs. Britain explained if a cashier has to leave the area they have a switch to lock the doors and go into the sales area. Councilman Fish pointed out they can lock undesirables out. Frank Roe, 2732 Juniper Drive, commended those that put in safety measures. He stated there were over 5,000 robberies last year which is higher than banks or anything else. He referred to the recent incident in Orange County. He stated bike paths are to save a child from being killed and they don't want anyone else to be killed in Edgewater. Al Bresnahan, New Smyrna Beach, requested Council to approve this ordinance in view of the mishaps in stores. 5 Council Regular Meeting Minutes February 5, 1990 '-' ..""", ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) Second ReadinQ (Public HearinQ): Ord. 90-0-1 Convenience store robbery prevention (Continued) Sue Roberts asked Council to consider this strongly, noting the Police Department has been incredible in response time. Ken Millard, 238 N. Riverside Drive, stated the ordinance has a noble objective but making a business owner hire an extra person will take about $10,000 from them to hire that clerk and the Constitution says you cannot do that. He sugg- ested they read the equal protection under the law clause. He suggested they could broaden it to include all stores that stay open all night to provide pro- tection for all clerks. He asked if a holdup man will stop at shooting one person if two clerks are in their sight. He said they could require clerks to wear guns, or put bars up with a slot, or regulate the owner to close the store at night, or increase the Police protection at night, or take it up with the Supreme Court, who will determine it's unconstitutional. He said if they adopt this law on a theory that two clerks will prevent murders or robberies the City will be sued the first time two clerks are held up and one or both are shot. Mayor Mitchum asked if this has been challenged in court. City Attorney Alvarez replied not yet. Mr. Millard said the Constitution references are valid. Ed Thomas, 331 Central, Crescent City, represented Miller Enterprises, the Handy Way stores. Mr. Thomas stated their number one concern is operating a safe business and they support anything that can be proven to enhance the safety of their customers or clerks. He said they're identifying retail type stores and they take away gas stores or if they sell prescription drugs. He pointed out the ordinance was patterned after Gainesville and Seminole County and they feel they don't address the issue of reducing crime, and a teamwork approach is how it will be resolved. He added they've got immediate response from the Edgewater Police and feel they already have adequate lighting and training. He said they feel they should direct their attention to eliminating random acts of violence that are often drug related, and two clerks on duty will not be a solution. He suggested they hold a group workshop session to have all parties interested rather than passing an ordinance that may not address the issues Council wants to take care of. He questioned the lighting recommended ratio for parking lots noting most businesses in town won't qualify. He added they agree with training, drop safes, windows, and environment. He pointed out the number one statistic is availability of ready cash, and they have no problems with cash limits but the ordinance specifies $50 and it may be difficult to operate with just $50 at certain times. He said they train with an in house program and FF and Rand provide security cameras. He asked Council to postpone voting until they can meet to provide more indepth information. Councilman Hatfield asked if most of their stores have lottery. Mr. Thomas replied yes. Councilman Hatfield asked if they're required to have a certain amount of cash on hand. An unidentified lady from the audience stated it's $50. Another unidentified lady from the audience suggested they could place it in another safe that's not readily accessible. Mr. Thomas stated that if they can be convinced that placing two clerks on duty will insure this, they'd voluntarily do so immediately, but there's no safe harbor against random violence. He suggested law enforcement agencies work together for proactive measures. He said they'll work with any group in government or the Police or concerned citizens. Frank Roe, 2732 Juniper Drive, agreed they should research it. He noted in Gainesville they reduced the rate by half since putting in two clerk and it's not up to the Police Department to have more work to try to guard these stores. He said the convenience stores are the biggest item of putting clerks in danger. Laurie Walker, Banyon Tree, also an employee of Conoco, stated Little Caeser's had four employees and nothing deterred the robber. Mayor Mitchum requested a mot i on to go from the pub 1 i c hear i ng back to the regular meeting. Councilman Hatfield so moved. Councilman Fish seconded the motion. Motion CARRIED 5-0. 6 Council Regular Meeting Minutes February 5, 1990 . .. ~ ...., ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued) Second Reading (Public Hearing): Ord. 89-0-39 - Councilman Hatfield moved they accept Ordinance 89-0-39. Councilmember Bennington seconded the motion. Motion CARRIED 3-2. Councilman Fish and Councilman Gold voted NO. Ord. 90-0-1 - Councilman Fish asked if an ordinance can be amended on the floor. City Attorney Alvarez replied a substantial amendment would send the ordinance back to first reading and substantial would constitute a question of fact. Councilman Fish stated he wasn't aware of some points that were brought out about the extensive measures taken at the Jet Store with automatic locking doors and bullet proof glass. He asked if it would be a substantial change if it's amended to except those businesses that have the safety measures. City Attorney Alvarez said the definition of convenience food stores might exclude stores like Conoco. Councilmember Bennington noted it wouldn't exclude Handy Way. Councilman Hatfield suggested they might take it under advisement and reassess the ordinance to make sure. He pointed out they have a responsibility to the private citizens who go to the stores as well as the employees. He suggested they table this until they have a workshop and meet with the people from Millers and Conoco and others in this business. He referred to the two incidents with one abduction and one shooting this past week. He moved they TABLE this until such time as they have a workshop and get the people who would wish to have input into this. There was discussion about a date and time for the workshop. Councilmember Bennington suggested the City Manager and City Attorney meet with some of the people and bring it back with revisions. Mayor Mitchum suggested the Police Chief be included. Councilman Hatfield withdrew his motion, adding they may want to expand it to include all night restaurants. Councilmember Bennington moved to TABLE this pending a meeting with the City Attorney, City Manager, Planning Director, and representatives of the convenience stores, and Chief of Police, to be brought back to them no later than the second regular meeting of March, and sooner if possible. Mr. Johnson stated held try to get it by March 5th. Councilman Hatfield seconded the motion. Mayor Mitchum stated he doesn't want to get into regulation of private business but feels this Council should look at something and this may not be the solution but they should keep an open mind. Motion CARRIED 5-0. UNFINISHED BUSINESS Evaluation of City Manager at end of six months - Mayor Mitchum stated that at the special meeting Councilmember Bennington moved that Council do an evaluation of the City Manager and he's averaged those evaluations which went from a low of 92 to a high of 137 with scores of 92, 110, 134, 136, and 137, with an average of 121.8. He added that if they throw out the high and low, it's an average of 127. Councilmember Bennington noted throwing out the high and low is only a difference of 1%. She asked if his contract states he'll be evaluated yearly as they'd agreed to six months for the first time and his annual yearly review will be July 24th. Mr. Johnson replied it's up to Council if it will be October 1st or July and it was negotiated with Councilman Fish and the City Attorney that if he agreed to come, it would be done in six months. Councilmember Bennington stated she has no problem with the 5% COLA as other employees got and she moved they give the City Manager the 5% cost of living raise they gave the rest of the City employees. Councilman Hatfield seconded the motion. Councilman Fish asked if that's just for the COLA. Mayor Mitchum replied yes. Councilman Fish stated he had a problem with the evaluation because he had nothing to compare it to and it was hard to find a standard to measure him against but now they have a standard and can use his performance as a standard the next six months or next year when they evaluate him again. Councilman Gold asked if the 5% COLA would be annually. Mayor Mitchum stated they didn't get to merit. Mr. Johnson explained annually the staff and City Manager got it in October and he called the Mayor at that time who told him to wait until the evaluation comes up at six months. Motion CARRIED 5-0. Mayor Mitchum stated with the 122 average it would be the "exceeds standards plus" category for 2%, and throwing out the high and low for the 127 average would be 3% according to the merit system policy. 7 Council Regular Meeting Minutes February 5, 1990 " .... ..., UNFINISHED BUSINESS (Continued) Evaluation of City Manaaer at end of six months (Continued) Councilman Gold stated it's hard to rate and perhaps it should be 2%, exceeds standards plus, until they get to know him longer on the job. Councilmember Bennington pointed out it's a difference of $493.50 between the 2% and 3%. Councilman Hatfield stated they individually rated him and he thinks the average of all five is the fairest way, even though he doesn't agree. Councilmember Bennington agreed it's the fairest way, adding she has a problem with this evaluation form and doesn't feel it addresses it all. Councilman Fish agreed the form may fit for other City employees but was difficult to fit for a City Manager and they didn't have anything for comparison. Mayor Mitchum agreed the average of the five is probably the way to go because each member is a duly elected official and he won't interfere in the equal partnership. He added he doesn't agree with all the evaluations, his evaluation was the highest, and he's worked with other City Managers and feels Mr. Johnson came at a very difficult time for all of them and he's done a fantastic job. Councilman Hatfield so moved they take the average of all five. Councilmember Bennington seconded the motion. Councilman Fish asked if they'll evaluate him in six months or next year. Mayor Mitchum recommended they make it retroactive to October 1 st and he be eva 1 uated along wi th everyone else at October 1. Councilman Fish agreed it would be an advantage to get him in synch. Mayor Mitchum suggested he amend the motion to be retroactive to October 1 and the next evaluation would be next October. Councilman Hatfield amended his motion. Counci lmember Bennington seconded the amendment. Motion CARRIED 3-2. Counci lman Fish and Councilman Gold voted NO. Mr. Johnson requested a copy of the five evaluations to review them and that they be placed in his personnel file and made a part of the public records. He added that if he has a score of 92, he has a prob lem and wants to work on it. He expressed appreciation for Council's action and comments and said he'd continue to try to do his best. COUNCIL/OFFICERS REPORTS City Attorney - City Attorney Alvarez had no report at this time. City Manaaer - Mr. Johnson stated it's an honor to report that Sergeant McEver has been accepted to the FBI Academy and he's the first one in our history and will do our City proud. Mr. Johnson stated that at the next meeting they hope to have information on the solid waste program and a pilot. Mr. Johnson stated they got the special exception from the County and they now have 36 months for the water plant. City Council - Councilmember Bennington stated she'd asked the City Manager to write a letter to the County on the bike path and their reply came back but it told them nothing except they had it in the plans and there was no definite date and was very ambiguous. Councilman Fish stated that based on Harry Jones' comments regarding his contact with the Director at Port St. Lucie on the low pressure system, perhaps Council should consider a field trip for Councilor some members of Council to go to Port St. Lucie to talk to the elected officials and also go to Palm Coast. He added they don't doubt what the engineers are telling them is factual but they need more input. He pointed out the number of non-resident voters on the survey was high. He asked the City Clerk for a breakdown of out of State or nonresidents of the City, as when they accepted those results he was not real impressed with the results or with the recount which added some credibility for both systems to give them a better comparison. Mayor Mitchum requested a copy of the breakdown for all Council members. 8 Council Regular Meeting Minutes February 5, 1990 ~.J ' . , " .." .."", COUNCIL/OFFICERS REPORTS (Continued) City Council (Continued) Councilman Fish stated they've been working on the Charter revision and one issue is citizen comments and he believes they need to maintain the flexibility in the Charter and not include too restrictive a measure. He moved to implement Citizen Comments at the beginning and end of the meeting for a trial period of six months and see how it works and see if it increases audience participation by bringing in a good level of comments and increase attendance. He added if it doesn't work they can deal with it at that time. He asked if they have to do an ordinance or a motion. City Attorney Alvarez replied it's an amendment to the ordinance. Councilman Fish moved to direct the City Attorney to so amend the ordinance for six months. Councilman Gold seconded the motion. Councilman Hatfield stated he'd agree if it were just a question and answer session regarding proceedings of that night. He suggested Councilman Fish make it just that. Councilman Fish stated he doesn't know how they can limit what they ask. Councilman Hatfield explained they could ask questions about those things on the agenda rather than make it at the next meeting. Councilmember Bennington suggested it could be like questions from the press and it could be questions from the audience. Councilman Hatfield again suggested it be pertaining to agenda items that night. Motion CARRIED 3-2. Mayor Mitchum and Councilman Hatfield voted NO. QUESTIONS FROM PRESS Jennifer Halperin, News Journal, asked the amount of the City Manager's raise. Councilmember Bennington replied the 2% would be $987 and 5% would be $2,550 for the year. ADJOURN Mayor Mitchum requested a motion to adjourn. Councilmember Bennington seconded the motion. 8:50 p.m. Councilman Hatfield so moved. Meeting was adjourned at Minutes submitted by Lura Sue Koser ~~#L-- MAYOR \, COUN L ~ ~ ATTEST: ~~/~ CITY CLER~ A~oved th i s 5 day of ~t~~ MAYOR 9