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09-25-2006 - Regular CITY COUNCIL OF EDGEWATER REGULAR MEETING SEPTEMBER 25, 2006 10:45 P.M. COMMUNITY CENTER MINUTES 1. CALL TO ORDER Mayor Thomas called the Regular Meeting to order at 10:45 p.m. in the Community Center. ROLL CALL Mayor Michael Thomas Councilwoman Debra Rogers Councilman Dennis Vincenzi Councilwoman Harriet Rhodes Councilwoman Judith Lichter Assistant City Attorney Nicholas Palmer City Manager Jon Williams City Clerk Susan Wadsworth Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. 2. APPROVAL OF MINUTES There were no Minutes to be approved at this time. 3. PRESENTATION/PROCLAMATION/PLAQUES/CERTIFICATES/DONAT IONS There were no Presentations at this time. 4. CITIZEN COMMENTS There were no Citizen Comments at this time. 5. CITY COUNCIL REPORTS Councilman Vincenzi had nothing at this time. Councilwoman Rhodes had nothing at this time. Page 1 of 12 Council Regular Meeting September 25,2006 Councilwoman Lichter had nothing at this time. Mayor Thomas stated he received a letter from Jeanne DelNigro asking him to accept her resignation from the MPO Citizen Advisory Committee due to medical reasons. He would like to appoint Ferd Heeb. Councilwoman Rhodes moved approving Ferd Heeb, second by Councilwoman Lichter. The MOTION CARRIED 5-0. Councilwoman Rogers had nothing at this time. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearing, Jim Girvan, No Name Saloon, 2001 S. Ridgewood Avenue, requesting a Special Activity Permit Biketoberfest 2006 events with outdoor music to be held October 18 through 22, 2006 Development Services Director Darren Lear made a staff presentation. Mayor Thomas asked Jim Girvan to approach the podium. He mentioned not having any problems last year. Jim Girvan, 2001 S. Ridgewood Avenue, stated by cutting back the vendors they are going straight across the middle of the yard. The pudding pit is coming out. The bus is leaving. One of the stages is leaving. That will be all parking back there. They will still have a pudding pit but it will be coming down after the event. He spoke of having two big events, pudding wrestling and professional wrestling on Saturday. They are hiring the police for those events. That is the only two busy days he thinks they will have. Due to there being no comments, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilwoman Lichter moved to approve the Special Activity Permit for the No Name Saloon for Biketoberfest 2006 events with outdoor music to be held October 18 through 22, 2006 Page 2 of 12 Council Regular Meeting September 25, 2006 based on staff's recommendations, second by Councilwoman Rogers. The MOTION CARRIED 5 - 0 . B. 2nd Reading, Ord. No. 2006-0-31, Michael Wilde, agent for Bishop Thomas Wenski, requesting annexation of 9.97+ acres of property located at 2310 S. Ridgewood Avenue Assistant City Attorney Palmer read Ord. 2006-0-31 into the record. Development Services Director Lear made a staff presentation. Mayor Thomas asked the applicant to come forward. Michael Wilde, Law Firm of Baker Hostetler, 200 S. Orange Avenue, Orlando, stated they were available to answer any questions. They support staff's comments. Mayor Thomas asked what the plans were for the property. Mr. Wilde informed him they didn't have any plans. They were approached by the City and they didn't have a problem with annexing. It's an enclave and it is part of the policy to incorporate enclaves and they didn't have a problem with it. Due to there being no comments, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilwoman Lichter moved to approve Ord. 2006-0-31, Michael Wilde, agent for Bishop Thomas Wenski, requesting annexation of 9.97+ acres of property located at 2310 s. Ridgewood Avenue, second by Councilwoman Rhodes. The MOTION CARRIED 5 - 0 . C. 1st Reading, Ord. No. 2006-0-33, Mark Karet, agent for Edgewater Airpark, LLC, requesting annexation of 0.60~ acres of property located at 1840 Airpark Road Assistant City Attorney Palmer read Ord. 2006-0-33 into the record. Page 3 of 12 Council Regular Meeting September 25, 2006 Development Services Director Lear made a staff presentation. Mayor Thomas asked the applicant to approach the podium. Councilwoman Lichter feels that is an excellent use of this property and that it will be an asset. Councilwoman Rhodes agreed. Due to there being no comments, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilwoman Rhodes moved to approve Ord. 2006-0-33, Mark Karet, agent for Edgewater Airpark, LLC, requesting annexation of 0.60+ acres of property located at 1840 Airpark Road, second by Councilwoman Ljchter. The MOTION CARRIED 5 - 0 . D. 1st Reading, Ord. No. 2006-0-34, amendments/modifications to Ord. No. 99-0-08, Ord. No. 2000-0-14 and the Police Retirement Plan City Manager Williams informed Mayor Thomas this item had been removed. 7. BOARD APPOINTMENTS A. Economic Development Board: 1) Nomination by Councilman Vincenzi to fill a seat due to the expired term of Hugh Sheean, who is not seeking reappointment Councilman Vincenzi moved to appoint Robert Overton to the Economic Development Board, second by Councilwoman Lichter. The MOTION CARRIED 5-0. 2) Nomination by Councilwoman Rhodes to fill a seat due to the resignation of Fred Fathi Councilwoman Rhodes moved to appoint Marcia Barnett, second by Councilman Vincenzi. Page 4 of 12 Council Regular Meeting September 25,2006 The MOTION CARRIED 5 - 0 . 8. CONSENT AGENDA A. Victim Advocate Position - staff recommending approval to renew the grant-funded position of Victim Advocate for FY 2006-2007 at an annual salary of $36,082.00 Mayor Thomas asked if that was grant funded or if the City would be paying that salary now. Police Chief Taves informed him it is grant funded. City Manager Williams explained our match is with in-kind services. Mayor Thomas stated we are getting our moneys worth because she is doing a good job. Councilwoman Rogers moved to approve the Consent Agenda, second by Councilman Vincenzi. The MOTION CARRIED 5 - 0 . 9. OTHER BUSINESS A. Frances Drive Stormwater Improvement Project - staff recommending approval of Notice to Award bid to Barracuda Building Corporation for the "Project" in the amount of $115,074 (funded entirely by CDBG funds) and authorize the Mayor or City Manager to execute the documents Due to there being no comments, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilwoman Rhodes moved to approve the Notice to Award bid to Barracuda Building Corporation for the UProject" in the amount of $115,074 (funded entirely by CDBG funds) and authorize the Mayor or City Manager to execute the documents for the Frances Drive Stormwater Improvement Project, second by Councilwoman Rogers. The MOTION CARRIED 5 - 0 . B. Water/Wastewater Chemicals - staff recommending approval of Notice to Award bids to O-N Minerals (Luttrel) Company for the purpose of High Calcium Quicklime for an estimated annual expenditure of Page 5 of 12 Council Regular Meeting September 25,2006 $183,596.00 and to Airgas Carbonic for Liquid Carbon Dioxide for an estimated cost of $39,000.00, and authorize Mayor or City Manager to execute the documents Due to there being no comments, Mayor Thomas opened and closed the public hearing. Councilwoman Lichter had no problem with this as long as it isn't fluoride. Councilwoman Rogers asked where the money was coming from. City Manager Williams informed her it is part of annual budget. Ever year we go out for bid for chemicals associated with treatment. He confirmed this was in the budget. Councilwoman Rogers made a motion to approve the Notice to Award bids to O-N Minerals (Luttrel) Company for the purpose of High Calcium Quicklime for an estimated annual expenditure of $183,596.00 and to Airgas Carbonic for Liquid Carbon Dioxide for an estimated cost of $39,000.00, and authorize Mayor or City Manager to execute the documents, second by Councilman Vincenzi. The MOTION CARRIED 5-0. C. Interlocal Agreement - staff recommending approval of an Interlocal Agreement for Water and Wastewater Services pertaining to Mission Oaks Mobile Home Park and authorize the Mayor or City Manager to execute the Agreement Director of Environmental Services Terry Wadsworth made a staff presentation. Councilwoman Lichter asked if they have heard anything about our CUP from St. John's. Mr. Wadsworth informed her they were still processing it. They got a couple e-mails today. It was supposed to be settled as far as the number allocation by the end of the day. Then they have to create a Technical Staff Report so they should have that in the next couple of weeks. Then they get to review that and respond. Councilwoman Lichter asked if this would affect the City's CUP. Mr. Wadsworth informed her no. Page 6 of 12 Council Regular Meeting September 25,2006 Councilwoman Rogers asked the status of the Oak Leaf Preserve Subdivision. Mr. Wadsworth stated right now they are still entertaining some problems with the stormwater system. The City has not signed off on that. They have active water. & sewer permits but they haven't met the requirements for compensating storage for the stormwater onsite. They are still working on it. They have to meet the minimum requirements. If they weren't to build, they have agreed to give us a temporary easement so they could connect the system ourselves from the point that is off Massey Road that they did for the Western Reserve Area. Councilwoman Rogers stated so Mr. Wadsworth was saying they had a Plan B in place. Mr. Wadsworth informed her they do. Councilwoman Rogers asked if it was in writing that they were going to give the City those easements. Mr. Wadsworth informed her they could get it in writing. They just talked to them last week because they are way behind schedule. Councilwoman Rogers wanted to clarify that because they are losing lots and their big thing to have that many lots was so they have a bottom line. She feels if they are losing lots they aren't going to complete the project. Mr. Wadsworth stated if they lose enough it won't be profitable for them. Councilwoman Rogers just wanted to make sure they get it in writing but felt Mr. Wadsworth had a handle on it. Mayor Thomas asked about New Smyrna Utilities already having lines there. Mr. Wadsworth informed him it started out as a private development. They went ahead and turned everything over to the Utilities Commission. It will still be UC power there. They are still going to receive some benefit of revenue from it as well. It is a win-win for everybody in this particular case. Mayor Thomas stated the lowness of Mission Oaks would not affect us. Mr. Wadsworth stated they aren't annexing into the City so they will only be water & sewer customers, not stormwater customers. Due to there being no comments, Mayor Thomas opened and closed the public hearing. Page 7 of 12 Council Regular Meeting September 25,2006 Councilwoman Lichter moved to approve Interlocal Agreement for Water and Wastewater Services pertaining to Mission Oaks Mobile Home Park and authorize the Mayor or City Manager to execute the Agreement, second by Councilwoman Rhodes. The MOTION CARRIED 5 - 0 . D. City Manager Agreement - approval of Agreement City Manager Williams made a staff presentation. Councilwoman Lichter asked Councilman Vincenzi if there were particular things in there that he felt were important and he put them in. Councilman Vincenzi stated for one the benefit plan that he was under. It was one of those, what he considers excessive plans. City Manager Williams came up with an alternative that he thought was acceptable, which was defined contribution plan. The rate the City is contributing is a little higher than a typical employee. A typical employee would be about 12%. He requested 16%. Councilman Vincenzi also commented on the salary. To partially compensate for the loss in the benefits, the salary went from $95,000 to $98,000. They talked about the car allotment verses leasing a car. The costs are basically the same. He has had comments from citizens about possibly modifying that to make the City Manager more accountable with mileage logs and things like that. He didn't know if this was necessary. The other major modifications included rewording on some of the conditions where the terms of the agreement would not be valid. He wanted to make it more consistent with model contracts that are out there already. He feels it is a decent contract. Councilman Vincenzi mentioned what he thought was a type-o on Page 5 under Indemnification with regard to willful or wanton conduct. He questioned if it should be misconduct instead. Assistant City Attorney Palmer elaborated. Councilwoman Rogers stated the salary to go from $95,000 to $98,000 she didn't have a problem with that initially. The defined contribution plan at 16%, she is aware he is a City Manager but what she has a concern with is that when the Interim City Manager contract was negotiated he not only received the defined benefit plan at 24% he also received an additional 10% that went into a defined contribution Page 8 of 12 Council Regular Meeting September 25, 2006 plan. Effectively he was getting 34%. Other City Managers not all of them, but some of them, also receive retirement benefits in two plans. When she went back and looked at that the average of those two or three between two different plans, they were getting 16 to 18%. In the past five months our City Manager has been getting 24% plus 10% which is 34%. In all fairness, she would think the salary should be at $95,000. He received a benefit that was more than any City Manager in Volusia County. They can say just let him be at $95,000, let him have his 16%. The 10% isn't mentioned in the new contract but he has still had that benefit for five months. Councilwoman Rhodes stated but he also got less than any other City Manager. Councilwoman Rogers stated he also doesn't have the experience that other City Managers have. He is getting on the job training and getting paid very well for it. Councilwoman Rhodes stated they approved the contract. To punish him now for something they did is wrong. Councilwoman Rogers disagreed because not one of the Council was aware of the item in the Interim City Manager contract and when she pointed it out the night they decided he would be the City Manager with holding this contract negotiation, not one person made a comment about it. They did not see it. Councilwoman Rhodes stated even at $98,000 he is the lowest paid City Manager in this County. Councilwoman Rogers asked if they were arguing or is she trying to talk. Councilwoman Rhodes stated they are arguing. Councilwoman Rogers stated $95,000. Councilwoman Rhodes stated they are discussing. Councilwoman Lichter asked Councilwoman Rogers if she was making a motion to that affect. Councilwoman Rogers made a motion to accept the contract with the exception of his salary being at $95,000. City Manager Williams stated he has to be acceptable to that and he informed her he was not. Councilwoman Rhodes again stated he is the lowest paid City Manager in this County. He is not experienced, however, he Page 9 of 12 Council Regular Meeting September 25,2006 has many years with the City and he does know the business of the City. Councilwoman Lichter thinks in many ways he has more experience because he has been in every department and worked his way up to this position. She stated very often you get someone from out of town that doesnlt understand the City and she feels they have someone that has gone up the ladder. She is very pleased with him. Councilwoman Rogers stated she made the one comment because he went from $75/000 to $95/0001 now to go to $98/000 because he has taken a different type of retirement plan. She said he already got the benefit because of the 10% for the past five months. Why do they turn around and give him another raise when he already got a raise. Let him get a raise next year. Mayor Thomas opened up the public hearing. The following citizen spoke: Linda Small I 1629 willow Oak Drivel asked if they could quantify for them the total financial value of City Manager Williams package. She asked to be told one number that City Manager Williams is going to cost the City for the next year. City Manager Williams didn't know off the top of his head. Ms. Small felt the citizens are entitled to know that number. Finance Director Brett Tanner went to get the actual payroll budget itself. City Manager Williams stated he was okay with Councilman Vincenzi/s recommended language regarding misconduct. Mayor Thomas applauded the citizens that bore with them to the last. He appreciated that. City Manager Williams stated the total expense budgeted for him was $140/464.51. He then broke this amount down into individual items. Mayor Thomas closed the public hearing. Page 10 of 12 Council Regular Meeting September 25,2006 Councilman Vincenzi made a motion to accept the City Manager's contract as negotiated, second by Councilwoman Lichter. The MOTION CARRIED 5 - 0 . 10. OFFICER REPORTS A. City Clerk Wadsworth had nothing at this time. B. Assistant City Attorney Palmer had nothing at this time. C. City Manager Williams City Manager Williams commented on the article recently in the newspaper referencing the sand pile. He has provided the Mayor and Council with the e-mail communication he has had wit Mr. Roach, the Executive Director for FIND. In his e-mail he has described that he has made an error and that the sale of that dirt is not available. The reason being is they have removed those items from State sovereign lands and if they were to sell that property, then the State would get the proceeds of the sale. They have sent their attorney's opinion to get our attorney's opinion because his conversation with the Executive Director, he has asked whether or not their attorney would be open to discussion if the City could get a separate opinion out of Foley to describe something different. They said they would. They have sent that opinion to the Attorney General's office to get his opinion. If he comes back and feels they can sell it we may be back in business. Otherwise they have to petition and lobby for the law to be changed and then if successful we may have the opportunity to pursue acquisition of the sand and ultimately sell it. Councilwoman Lichter asked if they had any non-profit use that they might be able to put it to, like at one of the parks. City Manager Williams stated they could use it for public purpose. They have tried to think out of the box a little bit and how they can tag that for total public use and acquire it through that and they are still formulating ideas. City Manager Williams stated he has provided Council with an evaluation checklist for their review. This is just a sample. He likes to reference the ICMA website a lot. On Page 11 of 12 Council Regular Meeting September 25, 2006 that website they provide sample evaluation checklists. There is an evaluation tool out there that he is not very well rehearsed on at this point. He would like the opportunity to do that and bring it back to be used referencing himself. City Manager Williams stated pursuant to the agreement Council executed he has sent in his application to become a member of the ICMA and he certainly will use that resource with due diligence. If Council is happy with what they have before them tonight, not necessarily to do it tonight, that they should set very quickly a goal setting session for himself and incorporate that into the evaluation checklist and then they can begin trying to achieve those goals. Per the agreement, he has to provide Council with an update on whether or not he can achieve those goals within the time period they have specified. He has to do that within six months or a March and April time frame. He is very eager to understand what Council's goals are for him and if they would like they can bring it back for the meeting in October. It is Council's pleasure. City Manager Williams asked if they wanted to bring that back in October. Mayor Thomas stated yeah. 11. CITIZEN COMMENTS/CORRESPONDENCE There were no Citizen Comments/Correspondence at this time. A. Tentative Agenda Items There were no Tentative Agenda Items to be discussed at this time. 12. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 11:28 p.m. Minutes submitted by: Lisa Bloomer Page 12 of 12 Council Regular Meeting September 25,2006