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10-15-1990 - Regular " ..' . ..... ,..., CITY COUNCIL OF EDGEWATER REGULAR MEETING OCTOBER 15, 1990 MINUTES CALL TO ORDER Vice Mayor Russell Gold called the meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor David Mitchum Councilman Dan Hatfield Counci1member Gigi Bennington Councilman Russell Gold Councilman Thomas Fish City Attorney Jose' Alvarez City Manager Elly Johnson City Clerk Susan Wadsworth Chief Lawrence Schumaker Arrived Later Present Present Present Present Present Present Present Present Invocation. Pledqe of Alleqiance Reverend Harvey Hardin, retired Methodist minister, delivered the invocation. There was a pledge of allegiance to the Flag. Presentation of October Beautification Award to Mike Vecchi. 1831 Everqreen Drive Vice Mayor Gold presented the certificate for the October award to Mr. Vecchio APPROVAL OF MINUTES Reqular Meetinq of October 1. 1990 - Councilmember Bennington moved they approve the minutes. Councilman Fish seconded the motion. Motion CARRIED 4-0. Special Meetinq of October 2. 1990 - Councilman Fish moved they accept the minutes of October 2, 1990. Councilman Hatfield seconded the motion. Motion CARRIED 4-0. CITIZEN COMMENTS Doris Hill, 112 Lincoln Road, stated she attended the Chamber of Commerce Candidate Forum last Wednesday and all candidates seem to agree on most issues except how to fund the CIP, especially the proposed gravity collection system in Florida Shores. She said Mrs. Wessler, Mr. Hayes, and Mrs. Martin do not approve of funding the program through an equitable special assessment program paid by subdivision property owners, but they support a voter referendum for funding through a general obligation bond to be paid by every property owner in Edgewater based on the taxable assessed value of each property. She said this includes vacant land, residential, and commercial property. Mrs. Hill stated Mr. Fazzone, Mrs. Bennington, and Mr. Fish support the special assessment program. She said with special assessments the impact on the usersl projection of cost per site owner is $383 per year, or $31. 92 per month, and with the general obligation bond approach would have an impact on the entire City property owners based on current taxable values would raise the present 4.6 to 12.46 mills, which are figures rom Mr. Munoz. She explained for every $10,000 of assessed value it would be $124.60 opposed to the current $46.40 at 4.6 mills. She noted the people complained about a rate of 4.6 mills and with a 12.46 millage it would be impossible to attract business and industry and property owners wouldn't be able to sell their property and growth would come to a stop. She explained under the general obligation bond it would be borrowed against all taxable property in Edgewater based on assessed value and not on individual property un i ts as now proposed and everyone's property wou 1 d be used as collateral and they'd have no say in the cost. She said the type of system in Florida Shores was based solely on input from the residents of Florida Shores and how can they justify ransoming the entire City to pay the sewer for one subdivision. She stated taxes are a lien against the property and you can lose your property if you don't pay your taxes. She said if the GOB is voted in, the Florida Shores property owners as a group would be paying a small portion of the total bill and property owners and taxpayers in online parts of the City would not only have paid for their own sewers but would be footing the bill for the biggest part of the add on to the system, which is blatantly unfair. She said some candidates didn't do their homework and have been ill advised by individuals who have taken advantage of them. She referred to expenditures made by Mr. Barrett to get his team elected and what his ulterior motives might be. .. , ...., .., C1TIZEN COMMENTS (Continued) Doris Hill (Continued) Mayor Mitchum called time and Councilman Gold suggested she continue. Mrs. Hill asked ulterior motives of a man who has been cited and fined for code violations and possibly it's getting codes and rules changed for his purposes. She said if the team is elected, the first thing on the agenda will be a referendum called for funding. She pointed out if they put the CIP on hold until February they'll lose the 4-1/2% State Revolving Fund loan for 7-1/2 million dollars from the State and theylll have to go to the back of the line in order to get it back again. She said it will put a stop on the CIP and they'll be in a more vulnerable position and there might be a moratorium on building in Florida Shores. She explained these are her thoughts and opinions and shels open for discussion if she's wrong. She stated Mr. Barrett doesn't reside in Edgewater and doesn't vote here. Mayor Mitchum arrived during Mrs. Hillis presentation, at 7:06 p.m. Tanya Wessler, 3109 Travelers Palm, stated she hadn1t mentioned general obligation bonds but is interested in finding grant money for the CIP and she didn't talk about a moratorium. She said she got a lot of calls last week about an article in the newspaper about tripling the costs of the bike path on Roberts Road and that isn't true. She said it originally cost $42,000 and the increase to move the bike path alone 14 feet over is $18,916.75 and if they want to move it that way they can, otherwise they have to put drainage pipes underneath. She said they can do it the way Mrs. Bennington suggests and put it over there and then rip up a $60,000 bike path in two years to put down drainage canals and stormwater, and this to her would be advantageous to the taxpayers. Mrs. Wessler said she didn't realize they could campaign here and all the citizens have come to the podium about other matters of citizen business and have never been gavelled down and now they're talking politics and they can speak as long as they want. Mayor Mitchum apologized for being late, noting that Councilman Gold didn't announce the three minute limit. He cautioned everyone not to politic on the Council floor, that's for outside and for election day. Georqe Ewinq, 2923 Royal Palm, first spoke on item 6.C., Upsizing of pipe from 6 to 1211 for Edgewater Landing Phase III for off site water improvements at a cost of $31,000. He said a few months ago they were charging people for fire hydrants that were off site and now they1re putting in a main that1s off site and taking it out of water impact fees. He said he paid a $1,000 water impact fee in Florida Shores, and asked if he'll be charged when they put another main in front of his house to upsize the main. Mayor Mitchum replied no. Mr. Ewing stated at the September 5th Council meeting the Mayor requested the City Manager to direct the Finance Officer to give him a written explanation of the $793,000 estimated reserve in the General Fund and also he requested an explanation of the other figure for the $331,000 for estimated reserves, and he hasn1t received this yet. Mayor Mitchum asked if held been in to see Mr. Munoz. Mr. Ewing said no, the Mayor had directed the City Manager to give it to him. Mayor Mitchum asked Mr. Ewing to talk to Mr. Munoz to tell him specifically what he wants. Mr. Ewing asked if citizens are still being charged 25 cents for copies. City Clerk Susan Wadsworth replied it1s 15 cents. Mr. Ewing stated he got a list of the City vehicles and there are about 150 employees and there are 85 vehicles. He said at almost every meeting the City Manager is trying to cut costs and he hasn't seen any cost cutting and he hopes the City Manager's salary will not be increased. He said the 85 vehicles do not include some of the road building equipment. He asked if Council knew there were that many vehicles. Councilman Fish said he thought they had 82. Mr. Ewing stated that1s too many vehicles for that many employees, and suggested the City Manager consider a motor pool and when they need a vehicle, they can check it out from the motor pool to save money. 2 Council Regular Meeting Minutes October 15, 1990 .... ....... CITIZEN COMMENTS (Continued) Joe Beaver, 318 Schooner Avenue, represented the Homeowners Association of Edgewater Landing. He said Council has a petition signed by many residents and they encourage Council to approve the request to supply the second feed line. He said the water is good quality but occasionally they have colored and odoriferous water and lines have to be flushed periodically. He said this will provide a loop that will minimize many problems and some of the complaints and Radnor has stated they'll pay a portion and the rest will come from impact fees. He requested favorable consideration for the loop feed in that area. George Naill, 1604 Royal Palm, President of United Taxpayers, stated since Tomoka Waste wasn't low bidder, a calculation of costs was done and there were 6,200 households for a base line to determine costs for recycling. He said following expenditures would be realized over the three year period: Southard -$26,970, Industrial Waste Service - $27,900, Tomoka Waste - $29,016, and B & S Industries - $37,200. He said the RFP states low bidder is not the only criteria but it behooves Council to consider it. He said the point system was applied to the selection process with cost being the most weight, ability and experience being lesser two factors. He said a review of the low bidder1s proposal reflected a qua 1 ification of abil ity being confirmed by Alcoa Recycl ing Company and the evaluation doesn1t reflect the facts. He said at the September 17th Council meeting Mr. Johnson stated two companies, Tomoka Waste and Industrial Waste Service, were considered for the recycling contract and he recommended Tomoka Waste, Inc. be awarded the contract which indicates a pre-selection without opportunity of competitive bid. He said on September 20th a letter was sent out seeking proposals for a City-wide recycling program and due to possibility of pre-selection and costs to taxpayers, it is requested the decision to award the recycling contract to Tomoka Waste be held in abeyance for consideration by the new Council and closer scrutiny of qualifications and capabilities be exercised. He said the low bidder resides and pays taxes in Edgewater and it I s stated employees to be hired for recycling effort will be hired from the local area. Leonard Southard, 210 Wildwood, President of Southard, stated he's lived in Edgewater for 7 years and he was low bidder for recycling and he recommended Council disallow the recommendation of Tomoka Waste and award the contract to Southard because he was low bidder and the City stands to gain over $25,000 by awarding him the bid instead of Tomoka. He stated he doesn't think the selection committee checked out the facilities entirely because they didn't think he had the equipment to fulfill the contract and that's incorrect. He said Mrs. Bennington and Mr. Hutchins stopped by his operations and can verify he has the trailers and equipment and trucks and contracts from Alcoa and Libbey-Owens Illinois Glass Company and Southeast Paper to dispose of the recyclable and they just lack experience in picking it up on the street corners. He said if they're awarded the contract they have facilities in New Smyrna Beach to take it to the different locations and for the next two weeks he would put the people with City people to show how they want it picked up and handled on the street. He stated he's lived here seven years and pays taxes and has been in other business in New Smyrna Beach 10 years and was in business in Edgewater on Guava before that. He said Tomoka does a good job and they helped him get started recycling. He asked Council reconsider and award the contract to local people. Frank Roe, 2732 Juniper Drive, said at the last meeting he thought Council gave permits to the elderly and those that will recycle on their own and there was some question about the bid. He asked how they can ask for a bid to be awarded when there's a difference in pick ups that might effect the price. He suggested bids go out again stating that fact and giving everyone a chance. Louise Martin, 1409 South Riverside Drive, stated it's unfortunate they allowed a political speech. She said she didn't mention bonds, only grants, and if Mrs. Hill has to be politically minded about her candidates, she shouldn't do it at public forum. Jerry Grooms, 117 Virginia Street, said a Florida Shores resident will pay $383, or $31.92 a month on sewers if they go with special assessments, based on 6,000 property owners, and as Mrs. Hill stated, with general obligation bonds with a property value of $50,000 it would be $393, or $10 more than special assessment. He said all the rest of the Edgewater families who now have sewers would be paying $393 because owners of lots in Florida Shores wouldn1t be paying their share because assessed value is so much less and there are about 3,000 vacant lots. He said if owners of vacant lots don't pay their share, then it should be general obligation bonds. 3 Council Regular Meeting Minutes October 15, 1990 .... --, CITIZEN COMMENTS (Continued) John Siburn, Connecticut Avenue, stated many years ago a former Mayor lived in the Crane Swamp, which is now Florida Shores, and he could have bought two lots there at $600 but there was no sewer or paved road and they were just about to put water in so he came to Hawks Park and paid triple that amount because of amenities. He said if he has to pay to help them get the sewers in, his money will improve their property but not his own and he doesn1t see why he has to pay again to help someone else's property which he could have done years ago. CONSENT AGENDA Requests of Public Works Dept. & Police Dept. to hold auction to sell surplus. confiscated. and found equipment and Help-U-Sell of Southeast Volusia's request to hold carnival at northwest corner of Boston Road & U.S. 1 on Oct. 24. 25. 26. 27. and 28. 1990 - Mayor Mitchum stated item B. (request for carnival) has been removed from the agenda. Councilman Fish moved they close and accept the consent agenda. Counci 1 member Bennington seconded the mot ion. Counc ilman Hatfie 1 d pointed out they're selling about 8 of the vehicles they spoke about earlier. Motion CARRIED 5-0. NEW BUSINESS Florida East Coast Railway Company's request to rescind prohibiting sounding of train horns or whistles at public crossings protected by gates. lights and bells between the hours of 10 p.m. and 6 a.m. due to increased accidents - Mr. Robert Abood, General Counsel, FEC, St. Augustine, stated the railroad President wrote to the Mayor in September asking Council reconsider its train horn ban. He said there was a recent Federal Railroad Administration study of the safety aspects of the train horn ban. He said of 600 crossings between Jacksonville and Miami, 511 are affected by train horn bans, 89 are not, and of the 511 affected crossings night time accidents increased 195% during the 65 month period of study and the same crossings during day time hours when trains can blow their horns experienced an increase of less than 1% during that same time period. He said at those not affected by no train horns, accidents decreased 17%. Mr. Abood stated CSX crossings that weren't affected by the ban had an accident rate decrease of 36% and the conclusion of the Federal Railroad Administration was the only difference between accident levels was due to the train horn ban. He pointed out a train has two choices when there1s something on the tracks, and it's hard to stop a train quickly or they can blow their horn, but with bans, which are enacted under Florida Statutes 351.03, and requires bans be unconditional, between the hours of 10 p.m. and 6 a.m. a train crew has no discretion. He added he sees a vehicle or individual in its way, it is prohibited by law from blowing its horn. He stated the railway would like Council and the citizens to reconsider. He said he understands people living near the tracks have to 1 isten to horns during the night but they have to consider the safety. He stated there was one fatal accident in August this year in Edgewater, but he doesn't know if the right of the crew to blow the horn would have averted or lessened the injury, but it wouldn1t have hurt. Councilman Hatfield stated they made provisions in the ordinance that if the engineer felt it's a necessity, he had the right to do it. Mr. Abood pointed out that's a violation of the enabling legislation that says it can't be conditional, so there's no discretion. Councilman Fish asked the policy regarding blowing if there's no enabling legis- lation, is it at every crossing, or is it at the engineer's discretion. Mr. Abood said law requires horns be heard 1,500 feet in advance of every crossing and they'd blow at all public and private crossings if there's no prohibiting ban. Councilman Fish asked if it's mandated by the State. Mr. Abood replied yes. Councilman Fish asked if there were any other factors, such as weather conditions. Mr. Abood replied the study was by DOT and not FEC but they did provide them with accident data and DOT couldn't come up with any other reason. Councilmember Bennington suggested they direct staff to look into this and see what they can do about it. Mayor Mitchum asked if she wants it to come back as a recommendation. Councilmember Bennington replied yes, and made that in the form of a motion. Councilman Hatfield seconded the motion. Councilman Fish said it seems cut and dried, data's there, and they have to consider public safety and he's not sure they have to send it back to staff. 4 Council Regular Meeting Minutes October 15, 1990 ...... ...... NEW BUSINESS (Continued) Florida East Coast Railway Company.s request to rescind prohibitinq soundinq of train horns or whistles at public crossinqs protected by qates, liqhts and bells between the hours of 10 p.m. and 6 a.m. due to increased accidents (Continued) Councilmember Bennington suggested they check with other cities to see how they're handling it, and asked if they could put exemptions there. Councilman Fish replied it's in the enabling legislation. Councilman Hatfield asked if they can override that section. City Attorney Alvarez replied no. Councilmember Bennington withdrew her motion. Councilman Hatfield withdrew his second. Councilman Fish moved that based on the safety of the general public he thinks even though it will be somewhat of an inconvenience for those that live near the crossings, he recommends they accept the FEC request and repeal ordinance 89-0- 36 for the safety of the people. Councilman Gold seconded the motion. Councilman Hatfield stated he's lived near the tracks for about 8 years and won't enjoy it but can do it. Councilmember Bennington asked if this is to prepare an ordinance to repeal it. Mayor Mitchum replied yes. Motion CARRIED 5-0. Land Development & Requlatory Aqency.s recommendation to annex part of Lot 2, Edqewater Country Estates, located west of U.S. 1 between Roberts Road & 28th St. to correct prior error in leqal description and waive $300 annexation fee Mr. Johnson stated they have a recommendation from LDRA and there seems to be a slip up in the original ordinance years ago and it's requested it be annexed now and the fees be waived. Mayor Mitchum asked if they paid for it with the origina 1 request. Mr. Johnson rep 1 ied yes. Councilman Fish stated he understands the fees were paid with the original request and the petitioner completed her paper work in the proper manner but something didn't get done in City Hall and he doesn't think it's fair they should charge again. He moved they approve the recommendation of the LDRA and annex that portion of the lot that was omitted and waive the $300 fee. Councilmember Bennington seconded the motion. City Attorney Alvarez pointed out the petition filed August, 1987, which has the legal description submitted by the petitioner which is the same legal description in the ordinance and he doesn't see where the error was in City Hall. Mr. Johnson sa i d the ord i nance was done in 1988 and he understands that was what was presented to LDRA. City Attorney Alvarez explained the petition of 1987 is in their package and has the legal description and if the issue is the applicant didn't include all the property and intended to, then Council may deal with that. Mr. Johnson said he understands LDRA recommends the fee be waived. City Attorney Alvarez stated Council should understand clearly the applicant omitted the portion of the property from the initial petition, and not the City. Motion CARRIED 5-0. Upsizinq water main line from 6" to 12" for Edqewater Landinq Phase III offside water improvements at cost of $31,805 to be paid from water system impact fee funds - Mr. Johnson stated in the past they've shared the cost for a transmission main and Edgewater Landing will pay for 6" and the City will pay the additional and that will help us loop the line down U. S. 1 to Roberts Road and will help everyone in that area. He said they've paid impact fees on all the areas and th i s is a separate transmi ss ion 1 i ne and staff recommends it be approved. Councilman Fish asked if they upgrade to 12" will that make that area of Roberts Road more developable in addition to enhancing water flow to the back side of Florida Shores. Mr. Johnson explained it will tie part of it in and help loop the system and when the new water plant is in, it will further upgrade and give additional pressure. He said part of the problem is size of lines and it will loop and give better flow and they won1t get some of the problems. Councilman Fish asked if it will be better fire flow and better pressure. Mr. Johnson replied yes. Councilman Fish moved they approve the incremental upsizing cost. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Recommendation to award residential City-wide recyclinq service to Tomoka Waste, Inc., Ormond Beach, at cost of $1.56 per month per residence picked UP - Mr. Johnson stated staff reviewed the bid process and it's recommended they go with Tomoka Waste. He explained one of the problems the first time they reviewed the process was concern if Southard had adequate equipment for the job and originally there was some problem with delivery time and they felt with the experience of doing the project was why they made their recommendation. He said companies were checked out and they looked at the routes where the companies were doing business. He added Gates Castle was head of the committee that reviewed it and went and looked at the sites. He said if Council wants to change, they don't have a problem. He said one thing they looked at was experience. 5 Council Regular Meeting Minutes October 15, 1990 .... ...." HEW BUSINESS (Continued) Recommendation to award residential City-wide recycling service to Tomoka Waste. Inc.. Ormond Beach. at cost of $1.56 per month per residence picked up(Continued) Mr. Southard said he didn't underestimate and took a lot of time, and with exemptions, he made it available during the next three years to go through exemptions and they can come to his office and it will be deducted from his cost. He stated he leased a piece of property in Edgewater for people who don't want to go to New Smyrna Beach and people can recycle here and get their exemption if they want to, and they'll take plastics and tin cans when Council decides they want to do that. He stated all his insurance is up to date. Mr. Johnson explained the exemption criteria will be put in the ordinance when they set the rate, and Mr. Southard made a proposal that he'll make a place available in town and the rest said they will also. He said exemptions arenlt clarified by the County and will be addressed in the ordinance. Mr. Southard stated they've been inspected and they have the recycling containers, trailers, and trucks and they can go to work Monday. Councilman Fish stated he had a lengthy discussion earlier this evening on their qualifications and experience. Councilmember Bennington said she looked at this property because she was concerned about the size and whether they could handle our project and she was impressed. She said there's a recycling center across the street and this is in the industrial area by the airport and the people are residents of Edgewater and Council's policy has been to encourage businesses in their endeavors and she'd like to give these people an opportunity to see what they can do for us. Councilman Fish agreed, adding anytime they can keep money at home by hiring local people in the form of a contractor or residents from a labor pool, it's always to our advantage. Councilmember Bennington pointed out it's a 3-year contract and if Council decides to go with it she'd like a one- year renewal agreement so if there are any problems from either side they'd have a time frame to correct it or make changes. Mr. Southard said he had no problem with that. Counci lmember Bennington moved they award the contract to Southard because they're low bidder and are local people and it's our intent to always encourage local business. Councilman Fish seconded the motion. Councilmember Bennington amended the motion to award a one year contract with two one-year options. Councilman Fish agreed as the second to the motion. Motion CARRIED 5-0. Recommendation to award bid for construction of Roberts Road bike trai 1 to Central Coast Contracting Corporation in amount of $179.761.65 - Mr. Johnson stated bids were received and studied and staff recommends the bid be awarded to Central Coast Contracting for $179,761.65. He said they had three bidders. Councilmember Bennington asked if they checked the difference in the low and second lowest bids. Mr. Gates Castle, City Engineer, said he checked with the contractor and he felt comfortable with his bid and he checked his bonding company and they're comfortable even though there's a disparity. He added he checked his references, City of Daytona Beach and Volusia County School Board, and got good recommendations. Councilman Gold asked if there's a time limit when they can start. Mr. Castle replied held like them to start by November 1st and it's a 45-day contract for substantial completion and final completion is 60 days and they'll have it done by Christmas. Councilman Fish stated that will be the total bike path and it will be permanent. Mr. Castle agreed. Councilman Fish stated it will not be affected by capital improvements. Mr. Castle explained drainage is provided for and they won't have to disturb it during Florida Shores improvements. Councilman Hatfield asked how it ties in with Indian River Elementary opening. Councilmember Bennington said it's supposed to be after Christmas, and asked if held checked time overruns. Mr. Castle replied they both said it was good and he had good on the job supervision. Councilman Hatfield asked if he'd supervise. Mr. Castle replied yes. Councilman Hatfield moved they accept the bid from Central Coast Contracting Corporation for $179,761.65. Councilmember Bennington seconded the motion. Motion CARRIED 5-0. Recommendations on insurance program by insurance consultant and City staff - Mr. Johnson stated Mr. Knowlton is present and he may want to bring some changes to their attention. Mr. Havden Knowlton, Waters Risk Management, stated they're the City's independent risk management consulting firm and do not sell insurance or participate in any way with agents or insurers in the sale of insurance. He stated he prepared the RFP for the City in July, 1990, and received proposals from a variety of insurers. He said the biggest interest was in general liability and the City has been successfully uninsured since 1986 due to loss 6 Council Regular Meeting Minutes October 15, 1990 .., ....." NEW BUSINESS (Continued) Recommendations on insurance proaram bv insurance consultant and City staff - (Continued) control measures and how they investigate claims and what is done when they get claims. He said there was a question about a cap on liability and the City has about $1 million in the loss fund and they got about 42 options to consider. He pointed out claims over the last 5 years were about $30,000 total. He said the premium for a fully insured program for $1 million for property and with inland marine, data processing, boiler & machinery, crime insurance and auto liability, and full physical liability is $226,972 and the insurance company would pay all the claims. He stated if they take a $500,000 retention, it's $43,446, and after talking with staff and City Attorney they came up with a $500,000 retention with $2 million insurance, which gives them a high cap. He said he talked with Florida League of Cities about a $300,000 cap and itls $64,600. He said he feels they should lower the retention as much as possible and the difference is about $10,000. He explained the loss fund at $1 million isn't necessarily free because a claim could come up from one of the last four years, but he thinks itls unlikely a claim would come in of that magnitude. He stated staff's recommendation is $500,000 retention with $2 million limit. Councilmember Bennington asked if retention is deductible. Mr. Knowlton replied yes, and with retention it doesn't become a claim until it reaches the retention point, and with deductible the insurance company will pay the claim and bill you back the deductible. Councilman Gold asked if it's option B. Mr. Knowlton stated he's recommending they consider $300,000 retention. Mr. Johnson explained Mr. Knowlton's recommendation is $300,000 instead of $500,000. Mr. Knowlton explained there is about $10,000 difference between the two options and his other recommendation is they not purchase physical damage insurance on the fleet except those over $50,000, which is about a $10,000 difference. He said the reason they'd cover over $50,000 is they have two fire trucks that cost new $132,000 and if they were lost, they'd have to be replaced immediately and property insurance is recommended with a low deductible. Councilman Fish asked if the premiums for these policies would come from interest earned from the se 1 f - insurance fund and not the genera 1 fund. Mr. Johnson replied that's staff's recommendation. Councilman Fish asked if it would have any effect on general fund or regular budget items. Mr. Johnson replied only if that fund goes below that level if there were a large claim made and then it would be reimbursed from the other funds as they did to build it up. Councilmember Bennington asked the total amount. Mr. Johnson replied the price with the options would be $67,466. Finance Director Fred Munoz agreed. Mr. Knowlton said $300,000 retention with $1 million is $64,689 for everything. Councilmember Bennington said she thought $64,000 was just liability and didn't include buildings and others. Mr. Knowlton said he didn't include facilities rental and it's something the City should get reimbursed for from people who rent the facility. Councilmember Bennington asked what the $67,666 premium estimate includes. Mr. Johnson explained the figure Mr. Munoz came up with was before Mr. Knowlton made his two recommendations and the new information Mr. Knowlton gave them is with a total of $64,888 including facility rental with $300,000 retention. Mr. Knowlton said it's general liability and auto and all those. Mr. Johnson stated a concern was voiced by the auditors and Council to have excesses over a certain amount covered by a policy in case therels a large loss. Councilmember Bennington asked if the auto loss is only for large equipment. Mr. Knowlton replied yes, and he estimated at $15,000 and $4,300 in other columns wh i ch was the premi urn on the 5 or 6 that are over $50,000. He sa i d the $2 million limit with $500,000 retention is $66,291 and that was for full physical damage. Councilmember Bennington said the City Manager is recommending they exclude item 5 on the letter from Mr. Munoz all other property insurance and that's not included in this premium. Mr. Knowlton replied no, it's not, and they'd asked for a proposal for sidewalks and streets with $1,000 deductible such as if a sewer exploded, and if the premium is worthwhile it might be worth considering. Mayor Mitchum recommended they accept this recommendation for the $64,689 which represents the $300,000 with $1 mi 11 ion 1 imit. Councilmember Benn ington so moved. Councilman Fish seconded the motion. Motion CARRIED 5-0. Mayor Mitchum called a 5-minute recess at 8:18 p.m. He called the meeting back to order at 8:25 p.m. 7 Council Regular Meeting Minutes October 15, 1990 ..... ..",., ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS First Readina: Res. 90-R-58 Renewal of Aareement with Florida Department of Transportation for hiahwav maintenance - Mayor Mitchum read the Resolution. RES. 90-R-58 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, TO EXECUTE A RENEWAL OF THE IIMEMORANDUM OF AGREEMENT - HIGHWAY MAINTENANCEII WITH THE STATE OF FLORIDA, DEPARTMENT OF TRANSPORTATION; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Gold moved for approval of Resolution 90-R-58. Councilmember Bennington seconded the motion. Councilman Hatfield questioned why there was no increase over last year. Mr. Johnson replied it's done by mileage. Councilman Hatfield suggested since there's a cost of living increase they should negotiate. Mr. Johnson explained they pay a cost per mile. Councilman Fish asked how much it costs us to maintain these medians compared to what is received from the State. Mr. Johnson replied it was reduced quite a bit from this time, and the first time they had to buy equipment and helll get the information to them. A gentleman from the audience called a point of order. Motion CARRIED 4-1. Councilman Fish voted NO. Res. 90-R-59 Appointment of member to Industrial Development Board due to resianation of Robert Richards - Councilmember Bennington nominated Ralph D. Williams. Mayor Mitchum and Councilmen Hatfield and Gold concurred. Councilman Fish nominated Michael Gebhard. Roll call on Ralph Williams CARRIED 4-l. Councilman Fish voted NO. Mayor Mitchum read the Resolution, inserting the name of Ralph D. Williams for an unexpired three year term to end April 23, 1991. RES. 90-R-59 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING ONE MEMBER TO THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hatfield moved they accept Resolution 90-R-59 and send a letter of commendation to Robert Richards for his work on the Board as he was Chairman and served the City well. Councilmember Bennington seconded the motion. Motion CARRIED 5-0. Res. 90-R-60 Amendments to Police Retirement Plan as recommended bv Board of Trustees - Mayor Mitchum read the Resolution. RES. 90-R-60 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE AMENDMENTS OF THE CITY OF EDGEWATER POLICE PENSION PLAN, BY DEFINING AVERAGE COMPENSATION AS THE MONTHLY AVERAGE OF THE THREE HIGHEST COMPENSATION YEARS RECEIVED PRIOR TO THE NORMAL RETIREMENT DATE AND THE BENEFIT FORMULA TO BE 2% OF AVERAGE COMPENSATION MULTIPLIED BY BENEFIT ACCRUAL SERVICE AND NORMAL RETIREMENT AGE TO BE THE EARLIER OF ATTAINING AGE 55 AND FIVE YEARS OF SERVICE OR 25 YEARS OF SERVICE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Bennington moved they adopt 90-R-60. Councilman Fish seconded the motion. Motion CARRIED 5-0. Second Readina:(Public Hearina) None UNFINISHED BUSINESS Results of City Manaaer1s annual evaluation (Tabled 10/1/90) - Councilmember Bennington moved to take it off the table. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Mayor Mitchum recommended the City Clerk give them the results. City Clerk Susan Wadsworth read the averages: Quality of Work - 3.24; Communication - 3.15; Organizational Skills - 3.11; Execution of Job Tasks -3.00; and Personal - 3.18. Mayor Mitchum recommended they accept the report. Councilman Fish so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. COUNCIL/OFFICERS REPORTS City Attornev - City Attorney Alvarez stated they received today an agreement that's been agreed upon between the City, DER, and the Volusia Flagler Environmental Political Action Committee, subject to Council approval, and it has the effect of terminating the administrative challenge to our petition for discharge into the Indian River subject to several conditions: basically, the City will by July, 1991, develop a reclaim water reuse plan with study of alternatives to the Indian River discharge in compliance with the new adopted Statutes and that while this is done and up to the last possible period allowed by the Statutes, the discharge will not be more than 2 MGD, and that the plan will proceed for the construction of holding ponds or other facilities with 8 Council Regular Meeting Minutes October 15, 1990 .. ,", Y' ."",., COUNCIL/OFFICERS REPORTS (Continued) City Attorney (Continued) sufficient capacity for holding of reclaimed water during rainfall. He said the agreement is very benef i cia 1 to a 11 part i es and the PAC will be wi 11 i ng to withdraw their objection, enabling the procedures to proceed without this legal challenge and avoid expenditures of legal fees. He said they're requesting a motion approving the Stipulation for Dismissal and for Relinquishment of Jurisdiction to the DER and this will be signed by the hearing officer at the State and will go back to DER to continue processing our application. Councilman Fish moved they accept the recommendation and get on with the CIP. Councilman Gold seconded the motion. City Attorney Alvarez noted copies of the stipulation are available. Motion CARRIED 5-0. City Attorney Alvarez stated regard ing the pending 1 it igat ion that I s been started on the entrance to Shangri -La, some of the Council members have been sued individually and separate counsel must be appointed. He said the recommendation is Greenburg, Traurig who did an excellent job in concluding this previous item without further litigation, and they would represent the Council individually and helll continue with representation of the City. He explained the theory of defense is different in individuals versus the City as an entity and so are there different theories of liability under the Civil Rights act. Mayor Mitchum suggested they accept the City Attorney. s recommendation and get separate counse 1 for the individual Council members that have been sued individually. An unidentified gentlemen from the audience asked who pays for it. Mayor Mitchum replied, the City. City Attorney Alvarez pointed out the law is very clear and he can supply the cases, and two years ago a Council member was involved in an altercation here by the entrance with a citizen and the City.s obligated to pay their fees. He said there are decisions allover the State and the leading case is the City of Sunrise which established that. He added he hopes it will all be settled and there will be no need to expend great sums of money. Councilman Gold moved they accept the Attorney's recommendation. Councilman Fish seconded the motion. Motion CARRIED 4-1. Councilman Hatfield voted NO. City Manager - Mr. Johnson had no report at this time. City Council - Councilman Hatfield stated part of the City Manager.s evaluation is to assess the merit. He suggested a 3% increase but since his hire date is July 1st and that is one year figure, held suggest 3% retro to then. Council- member Bennington questioned how he came up with 3%. Councilman Hatfield explained 4% is outstanding and 0% is unsatisfactory and thatls in the middle and his average came out to about 3%, which is successful. Councilmember Bennington stated adding points comes to 63% and going the same as with supervisors and other employees and department heads it doesn't come up to one. Councilman Hatfield stated it wouldn't come up the same even if he had an excellent. Councilmember Bennington said held need 302 points for 4%, 283 for 3%, and 265 for 2%, and 246.75 for 1% and he got 215, and shels not recommending anything but they need to determine how theylll rate them. She said the average is 3.1 which is satisfactory and meets major requirements and is average. Mayor Mitchum agreed with Councilman Hatfield at 3% retroactive. Councilman Fish stated they already gave him an increase once and it totalled to 7% awhile back and the way things are he doesnlt think he needs to be given another increase at this time. Councilman Gold said he was thinking 2% back to his anniversary starting day in July. Councilman Hatfield moved to go with 2% retroactive to his July date. Councilman Gold seconded the motion. Motion CARRIED 3-2. Councilmember Bennington and Councilman Fish voted NO. Councilmember Bennington said shels seen yellow ribbons around various cities and she'd like to do something to recognize the servicemen in the Middle East. She said the American Floral Association came out with a red, white, and blue ribbon to wear in support of servicemen and Edgewater Florist will give them out, and she'd like City employees to wear the ribbons to show support. Councilman Fish said it's a worthwhile gesture and it never hurts to show support, as he remembers the Viet Nam era, but he suggests they ask employees but not make it mandatory. Councilmember Bennington agreed. Mayor Mitchum concurred. Councilmember Bennington moved they support the troops in the Mid East by wearing red, white and blue ribbons and hopefully all City employees will go down and get a ribbon. Councilman Fish seconded the motion. Motion CARRIED 5-0. QUESTIONS FROM PRESS There were no questions from the press. 9 Council Regular Meeting Minutes October 15, 1990 . . . .. , '.1.- J" .."., CITIZEN COMMENTS Mayor Mitchum advised there will be three-minute time limit. Norm Billups, 1868 Pine Tree, stated he just returned from a trip up North and every little city had a yellow ribbon on telephone poles and we're way behind. GeorQe EwinQ, Royal Palm, disagreed with the raise given the City Manager. He said a few weeks ago he mentions some of the employees make less than $6.00 an hour and the last time the Manager got a raise it was about $4,000 and some of the employees would appreciate a pro rate portion of that $4,000. He said the Manager is now making $51,000 and has $15-$16,000 in perks. He suggested they freeze some of the high salaried people because there are a lot of expenses coming up. He noted he argued about the 4.6 millage rate and they said they'd consider it but they followed the leader and adopted the 4.6. He said he hopes they a 11 get defeated and they get a new Counc i 1 that wi 11 do someth i ng constructive. Mr. Ewing stated the suit is very controversial and the Attorney advised them to approve the restaurant and they disapproved it and he's not saying if the people in Shangri-La should or shouldn't have a restaurant but he doesn't think Council should be defended when they did something counsel tells them not to do. Irene Mackie, 1602 S. Riverside Drive, said she lives on the corner of Rhode Island and South Riverside and every day the fire trucks go back and forth, including for lunch and three were at the Kabana. She asked if they can give the Fire Chief a car to run around. Councilman Fish stated he has a car. Mrs. Mackie stated they're trying to conserve gas and she doesn't think it's right and the excuse given was if a fire occurred and he was out, he'd be right there. She said they had wonderful volunteer firemen for years and they didn't look for a fire, they went to a fire. Frank Roe, 2732 Juniper Drive, stated at the last meeting Mrs. Bennington proposed the Manager cut 5% which saved about $240,000 for the people, and he asked if it was cut. Councilmember Bennington replied yes. Mr. Roe said he's glad they're saving money for the taxpayers. ADJOURN Mayor Mitchum suggested a motion to adjourn. Councilman Hatfield so moved. Councilman Fish seconded the motion. Meeting was adjourned at 8:52 p.m. Minutes submitted by: Lura Sue Koser l)' t} 1/(- ~/Cv~'/-Y1ft~ MAYOR c/,C_> EXCUSED COUNCILMAN - ZONE ONE EXCUSED C EMBER -Z d. UNCILMAN - ZON( THREE F '-. . ~ '//1 ," ""1 ." 'I, COUNCILMAN - ZONE FOUR ATTEST: f ;~ /' 1- ,.< ./ of:,{ -<;l.-c.....- . CITY CLERK ~ ':f/' I II ~~.kA.-~a;{. Approved th i s 12 th day of November , 199-2-. A:~-I?~ MAYOR 10 Council Regular Meeting Minutes October 15, 1990