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03-19-2001 - Regular '-'..."", CITY COUNCIL OF EDGEWATER REGULAR MEETING MARCH 19, 2001 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Schmidt called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Donald Schmidt Councilman James Brown Councilman Dennis Vincenzi Councilwoman Harriet Rhodes Councilwoman Judith Lichter city Manager Kenneth Hooper City Clerk Susan Wadsworth Legal Assistant Robin Matusick Present Present Present Arrived at 7:35 p.m. Excused Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. APPROVAL OF MINUTES There were no minutes to be approved at this time. PRESENTATIONS/PROCLAMATIONS/PLAOUES/CERTIFICATES/DONATIONS A. Harold Gallup reauestina modification. not cancellation of Convenience Bench Aareement. (Rescheduled from Februarv 5. 2001. Item 3A) City Manager Hooper made a staff presentation. Staff recommends no benches. Harold Gallup, President, Associated Marketing, thanked City Manager Hooper, Mayor Schmidt and the Council for postponing his presentation. Mr. Gallup presented background information and explained the service they provide with regard to the contract. He referred to a cost benefit analysis. Mr. Gallup explained back in November they asked not to have the contract terminated and offered the following in exchange: the City was considering placement of 20 benches of non-advertising type in the City. They looked at that and agreed to reduce the overall number of benches. They agreed to cap the total number at 55, of which 20 would be non-advertising including placement, maintenance, and repairs. All the cost would still fall to his company. In addition they would lower the number of potential revenue benches from 75 to 35. At this particular time, they have 33 benches with advertising in the City. Mr. Gallup spoke about doing away with wood seating and going with recycled material which he showed to the Council. They are also looking at different framing around the ads. Mr. Gallup asked the Council to reconsider the termination and consider the modification and what they have done for the community in the past and what they are willing to do now. They have also worked with and been very responsive to'staff. ~ ~ Councilman Brown asked City Manager Hooper what his objection was and why he was not recommending approval. City Manager Hooper commented on what staff has looked at with regard to aesthetically enhancing the City and trying to get away from the benches that have the advertisement. Parks and Recreation Director Jack Corder spoke about talking of bus stops and looking at the aesthetics there. Councilman Vincenzi feels the main City look better and clean it up. rid of advertising like the street personal. thing is they want to make the One way to do that is to get signs. It isn't anything Mr. Gallup commented on it depending on how much the City wants to take on with regard to purchasing benches, committing staff, and committing vehicles. He spoke about the County trying this before and calling him back and asking him to put the benches back after about a year. Mr. Gallup went on to speak about bus shelters. They cost between $9,000 and $12,000. He spoke about solar shelters which cost an additional $1,700 to $2,300. Mr. Gallup further spoke about this becoming more of a pain then a positive with regard to staff, resources, storage and keeping track of parts. He spoke about people getting hurt and suing cities. He also spoke about trash and it always being a problem. Mayor Schmidt asked if the benches Mr. Gallup is proposing have trash cans with them. Mr. Gallup told him no they do not at this time. He spoke about having to be licensed to collect trash and dispose of it. He believes this needs further studying and he would be willing to work with it. Mayor Schmidt thanked Mr. Gallup for his presentation. Councilman Vincenzi made a motion to recommend termination of the contract with the Associated Marketing and replace them with 20 benches and trash receptacles to be placed at high traffic areas for approximately $8,000, second by Councilwoman Rhodes. The motion CARRIED 3-1. Councilman Brown voted NO. Mr. Gallups stated they have commitments with small businesses in Edgewater. This contract expires May 18, 2002. He asked if there is a way to work their way out of the contract during that period and take a natural termination so the businesses aren't hurt that bad. They would freeze the contracts and write letters to the businesses as a consideration to the businesses. Mayor Schmidt asked to let the Legal Department and Mr. Gallup get together. City Manager Hooper suggested they do that. CITIZEN COMMENTS There were no citizen comments at this time. CITY COUNCIL REPORTS Councilwoman Rhodes had nothing at this time. Mayor Schmidt had nothing at this time. Councilman Brown thanked the Police and Fire Department. He had use of three emergency calls from them. They were very professional and took care of the situation in a timely manner and were there in less than the four minute response time. They made people feel comfortable and not afraid to be.taken care of. He also thanked the City employees for the flowers and thanked Mayor Schmidt for attending his mother's memorial. Page -2- Council Regular Meeting March 19, 2001 '-" """'" Councilman Vincenzi had nothing at this time. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. Res. No. 2001-R-03. Certification that the Habitat for Humanity Proqram is consistent with the city of Edqewater's Comprehensive Plan City Manager Hooper made a staff presentation. staff recommends approval. Mayor Schmidt asked since they have built many homes in the City, have they had this before. City Manager Hooper stated he thought it was new. He thought the IRS codes wanted them to show this. Legal Assistant Matusick read Res. 2001-R-03. Mayor Schmidt opened and closed the public hearing due to there being no comments. Councilwoman Rhodes made a motion to approve Res. 2001-R-03, second by Councilman Brown. The motion CARRIED 4-0. B. 2nd Readinq. Ord. No. 2001-0-01. Amendinq the Code of Ordinances by Modifyinq Chapter 21 (Land Development Code). Article XVI (Fire & Hazard Prevention) by the addition of section 21-251 (Fire Impact Fees) City Manager Hooper made a staff presentation. Staff recommends approval. Legal Assistant Matusick read Ord. 2001-0-01. Mayor Schmidt opened and closed the public hearing due to there being no comments. Councilman Brown made a motion to approve Ord. 2001-0-01, second by Councilwoman Rhodes. The motion CARRIED 4-0. C. 1st Readinq. Ord. No. 2001-0-02. Edgewater Lakes Partners. LLC is requestinq annexation of approximatelY 449+ acres located west of US 1 and north and south of Volco Road for a proposed qolf course community City Manager Hooper made a staff presentation. He commented on an enclave that will be created and working with the County with some language on how that will be resolved. Staff recommends approval. Legal Assistant Matusick read Ord. 2001-0-02. Councilwoman Rhodes wanted it to be clear that this is solely annexing land and nothing else. City Manager Hooper informed Council to date, Mr. Howard has worked to resolve any issues they as staff have brought up as well as the Planning and Zoning Board and Council Councilman Brown stated he has spoken to some of the people that live down by Volco Road. Most of them are not as against this as they were to begin with. Mayor Schmidt stated he has had a couple of comments that people are looking forward to it as it develops. Mayor Schmidt opened the public hearing Tim Howard, 3028 willow Oak Drive, as of today th~y have resolved the issue with the legal aspect which was a Title Company error. Page -3- Council Regular Meeting March 19, 2001 '-' ...., Mayor Schmidt asked how the process is going with regard to environmental. Mr. Howard commented on this progressing. Mr. Howard commented on the cooperation he has been getting with staff and City Manager Hooper. City Manager Hooper informed Council they would see this at the first reading for transmittal of the Comp Plan during the month of April. Mayor Schmidt closed the pUblic hearing. Councilwoman Rhodes made a motion to approve Ord. 2001-0-02, second by councilman Brown. The motion CARRIED 4-0. CONSENT AGENDA A. Annual Authorization - Mayor or city Manaaer's authorization for East Volusia Mosquito Control District to make low level aerial inspection and spray fliahts B. A Crisis preanancy Center. Inc. 'Walk for Life' Event - The Center requestina to utilize Riverside Drive to setup water stations and Kennedy park for a rest stop and bathroom facilities. saturday. May 5. 2001. for the entire day Councilwoman Rhodes moyed to approve the Consent Agenda, second by Councilman Brown. The motion CARRIED 4-0. OTHER BUSINESS A. Enaineerina Services - staff reauestina authorization for Marshall. Provost and Associates to demolish and remove the Park Avenue elevated water shortaae tank at an amount not to exceed $3.500 City Manager Hooper made a staff presentation. The tank is old and needs to come down. D.E.P. has advised the City to do major work to it or remove it. Councilwoman Rhodes moved for approval, second by Councilman Brown. The motion CARRIED 4-0. B. Revised YMCA Aareement - staff recommendina approval of the revised aareement with the YMCA. (Continued from March 5. 2001. Item 7C) City Manager Hooper made a staff presentation on the revised agreement with clarification on the facility and complex. City Attorney Cookson has reviewed this. They addressed specific compensation on Page 2 for the liability at hold harmless which makes it enforceable. On Page 11 they addressed the maintenance lease. They also added the words to use the YMCA for evacuation for the two elementary schools. The YMCA looked it over and had no comments. Councilman Brown moved for approval, second by Councilwoman Rhodes. The motion CARRIED 4-0. C. Renewal of Manaaement Aareement - staff recommends approval of the Aareement between the State of Florida and city of Edaewater for certain sovereianty submeraed lands and authorize the Mayor to execute the documents City Manager Hooper made a staff presentation. Councilman vincenzi moved for approval, second by Councilman Brown. The motion CARRIED 4-0. Page -4- Council Regular Meeting March 19, 2001 ~ """"" There was a five-minute recess at this time. D. Draft Ord. No. 2001-0-03 - staff recommendinq review and authorization of the Draft Ordinance recommendinq Citv Charter Article III (City Council) (Compensation). Section 3.05 of the citv Charter to be returned at the next Council meetinq for consideration and adoption City Manager Hooper made a staff presentation. He commented on several approaches they have looked at on how they could do a selection of a salary that is competent and fair. He suggested a range between $6,000 and $8,000 for Council and $8,000 and $10,000 for Mayor. This has to be adopted six months before the election which will be coming up at the last meeting in April. Mayor Schmidt opened the public hearing. There were no questions from Council. Andy Anderson, Pine Tree Drive, asked if this will ballot. City Manager Hooper explained the Charter provision if it is done six months before it's not the Charter. It would not be a Charter amendment. done by Ordinance with proper public hearings. be put on the has a portioned with This can be Mr. Anderson stated he is not against our leadership getting a raise but he didn't hear any mention of the per capita income. From what he has been told the per capita income in this City is really not that high. He feels this should be one of the considerations. City Manager Hooper commented on where the salaries are paid from. Councilwoman Rhodes believes the per capita income in Edgewater is a little over $30,000 per year. Councilman Brown stated at $2.00 per person at 20,000 population that gives the Mayor $10,000 and Council $7,500. Mr. Anderson commented on being satisfied with our leadership now. City Manager Hooper commented on what has occurred in the last few years on economic development. He spoke about the per capita leaping and continuing to jump. Mr. Anderson is very surprised the per capita is $30,000 and would like to see some paperwork on that. Councilwoman Rhodes does not think Council is in it for the money. She is not interested in voting a raise for City Council because they don't know that they will be here when this raise takes effect so it really has not a lot to do with them at this point in time. She is not as interested in voting a raise for City Council as she is having a policy in place. City Manager Hooper stated he hasn't had any input. He is comfortable recommending that they move on this. This isn't necessarily something tonight to vote on as much as give him direction. He would like to put it on for the first reading for the first meeting in April. Councilman Vincenzi feels comfortable with letting City Manager Hooper pursue this. He also stated he isn't in it for the money. He feels Mayor Schmidt deserves a raise because he puts in a lot of time. City Manager Hooper suggested they let him advertise larger numbers because you can always go down but you can't go up once it is advertised. He agreed to advertise an $8,000 amount for Council and $10,000 for Mayor. Page -5- Council Regular Meeting March 19, 2001 "'.. '-' ..", Councilwoman Rhodes would like more public input. Councilwoman Rhodes made a motion for City Manager Hooper to pursue this, second by Councilman Brown. The motion CARRIED 4-0. E. Reauest for Donation - the Edqewater Fire-Rescue Association Inc. requestinq a donation of $6.000 to helD offset the cost of the Annual 4th of Julv Firework's DisDlay City Manager Hooper made a staff presentation. staff is recommending approval. New Smyrna has taken a definitive stance that they can't fund something outside their City. They have offered to do other things in their City to help sponsor some of this and other events. Councilwoman Rhodes asked that this be included in the budget as a line item. City Manager Hooper agreed to include it next year. Councilman Brown moved for approval, second by Councilwoman Rhodes. The motion CARRIED 4-0. OFFIC~R REPORTS City Clerk Wadsworth commented on Edgewater, Colorado and their having a mural similar to ours. She presented Mayor Schmidt with a shirt and hat. Legal Assistant Matusick had nothing at this time. City Manager Hooper commented on a lawsuit regarding Margaret Stanley vs. City of Edgewater, City of Edgewater Police Department, John G. Taves and Gary Conroy. City Manager Hooper stated our insurance is going to provide us coverage. Foley & Lardner has been helping since right now there is no insurance coverage until you are served. He agreed to keep the Council informed. Councilman Vincenzi asked about the plan of action if the City is served. City Manager Hooper elaborated on going to the insurance who would appoint an Attorney. He has asked the insurance company to provide a list of attorneys that he would like to interview. He would like to have this litigated because he can't find an ounce of proof to any issues out there. Councilman Vincenzi asked if City Manager Hooper is planning on having any outside agencies do an investigation. City Manager Hooper stated once we are served, if there is an investigation to be done by the Attorney he will use either the Sheriff's Offic~, FDLE or the State Attorney. Councilwoman Rhodes asked why this came forward three years after the incident. city Manager Hooper commented on a fairly vague letter sent to Mayor Allman and City Attorney Clayton back in 1999 regarding a false arrest. Mayor Schmidt asked if they have a copy of the letter. Legal Assistant Matusick stated it was a notice of claim, which is what they are required to do statutorily to put the City on notice that they might file a suit at some point in time. City Manager Hooper informed Council it is in their packages. Mayor Schmidt commented on a couple of different lawsuits they experienced when they first came into office. They took a stance then if we are not guilty and didn't do anything, we do not want the easy way out. City Manager Hooper commented on it coming down to a business decision. He commented on the insurance company coming in and make a recommendation. He is assuming they decide they would like to settle. If they put a number of the table and the Council won't settle, that limits their ability to pay at that number. If it goes to court and it is much higher or there is a different resolution to it, that is on the hook of the city. Page -6- Council Regular Meeting March 19, 2001 ~ ~ City Manager Hooper stated the only part they have to worry about is if the insurance company decides to advise the Council formally to settle and they end their payment or coverage at that point. They will study that very hard. His conversation with James Tanner was not a good conversation. The first words were can you settle before he even wanted to talk of the case. Mayor Schmidt stated that would worry him right off. He asked if the insurance company says something and the Council doesn't want to do that, is there a way to go back to the other parties. He commented on not wanting to set a precedent in the beginning. City Manager Hooper stated he is interested in getting the insurance company to do the due diligence and the discovery. He is also trying to get an attorney that we have worked with in the past that would rather do what is right. Mayor Schmidt questioned if both officers still work for us and if they would go on an administrative leave. City Manager Hooper stated those are within the hands of management and he sees absolutely no purpose for that right now. CITIZEN COMMENTS/CORRESPONDENCE There were no citizen comments at this time. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 8:27 p.m. Minutes submitted by: Lisa Bloomer Page -7- Council Regular Meeting March 19, 2001