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10-01-1986 - Special/Workshop , ., (.) (.) CITY COUNCIL OF EDGEWATER SPECIAL MEETING AND WORKSHOP OCTOBER 1, 1986 MINUTES Mayor Baugh called the meeting to order at 2:02 P.M. in the Community Center. He stated the items on the agenda. ROLL CALL Mayor Earl Baugh Councilman Louis Rotundo Councilman Russell Prater Councilman Neil Asting Present Present Present Present Councilman James Inman City Attorney Jose'Alvarez City Clerk Connie Martinez Chief Lawrence Schumaker Present Arrived Later Present Arrived Later Also present were: Mr. Terry A. Wadsworth, Utilities Superintendent; Mr. Earl Copeland, Public Works Superintendent; Dennis Fischer, Building Official/Code Enforcement Officer; Jack Corder, Parks & Recreat~on; and Patsy .DiLeva, Administrative Fire Chief; Mr. Gary Schad, the City's insurance agent; and Mr. Tom Sheridan. Councilman Asting asked that item two on the agenda be considered Baugh agreed the attorney needs to be present for the first item. no objections from Council and item two was considered first. Carport request at 1013 Egret Court, Pelican Cove West - Councilman Asting stated he received a communication from Mrs. Helen Hann's doctor and he'd stated that in his opinion the carport will be beneficial to her health. He said she's under the doctor's care and she wouldn't have to go from an air conditioned house to a hot car and the shelter over the car will be beneficial. He turned the letter over to the City Clerk at this time, noting that it was addressed to him personally. Mayor Baugh pointed out that Council can't override Board of Adjustments' decisions and he recommended they send it back to the Board of Adjustments for their reconsideration with the letter from the doctor and the Building Official's opinion, because he thinks they'll look at it in a different light. first. Mayor There were John Scherz, 905 Egret Court, stated he's representing Pelican Cove West Home- owners' Association, and he asked what the Building Official recommends. Mr. Fischer read his September 24th memo to City Attorney Jose' Alvarez which questioned if the exemption for screen rooms also exempted driveways from the setback requirement when the driveway was poured prior to the February 3rd Council meeting. He noted the driveway is 12 feet and the setback is 10 feet and they're asking to violate the law by 4 feet. He noted that he'd told them no and they were told they could go to Board of Adjustments. He pointed out there are other driveways and carports similar that are existing and are within the 10 feet required setback. Councilman Asting asked if a precedent has already been set with other homes having carports. Mr. Fischer replied that the other carports are within the existing setback requirements and this would extend 4 feet into the setback. Mayor Baugh asked if he'd checked the area to see how many others are in this situation. Mr. Fischer replied there is only one other situation. Mayor Baugh pointed out that he'd looked at it and there were only three driveways next to the houses that don't have the carports in that area. Mr. Scherz said he spoke to City Attorney Alvarez about the blanket agreement and he told him he thought it was included, but they haven't heard further from him. Councilman Asting moved that the City Clerk prepare a communication to the Board of Adjustments and state Council is in receipt of a letter that indicates the lack of a carport could be injurious to Mrs. Hann's health and have them reconsider their previous action. Councilman Inman seconded the motion. Motion CARRIED 5-0. After discussion, it was determined Council would request they hold a Special Meeting for this subject. Mr. Scherz asked how he'd know about the meeting and Mayor Baugh replied they'd contact him. Chief Schumaker arrived at the meeting at this, 2:10 P.M. Mayor Baugh requested a short recess to await the City Attorney's and there was no objection from Council. Meeting was recessed City Attorney Alvarez arrived during the recess, at 2:16 P.M. called the meeting back to order at 2:20 P.M. arrival at 2:12 P.M. Mayor Baugh o u Self insurance program/safety with Department Heads - City Clerk Martinez stated that after reviewing minutes from previous meetings, she noticed that worker's compensation is addressed and they are self-insuring worker's compensation, only general liability, which is the citizens of Edgewater and not our employees. She noted this is to emphasize to all Department Heads the awareness of all safety, and not just worker's compensation. She noted that the City Attorney and Mr. Schad have a broader procedure to be developed for this self-insurance plan they've undertaken. Councilman Asting noted they're including vehicular accidents. Mr. Schad said they need to develop a comprehensive plan to look out for things such as pot holes, holes at the parks, and have driving courses. He added that the key to self-insurance is that people realize safety is very important and that's the only way it will work. Mayor Baugh asked if Mr. Schad had read the safety book and if he felt it's a good policy. Mr. Schad said he didn't see any problem with it but Adjustco handles the workers' compensation claims. City Clerk Martinez pointed out that it has worked. Mayor Baugh personally thanked Tom Sheridan for writing it and said he thinks he did a good job. Mayor Baugh said he wanted Department Heads here to reassure them and let them know how he felt about the safety program because if it's going to work, it has to work through them. He added that they have to become familiar with other departments as they're going to be on the rotation basis. He said he can't emphasize strongly enough that they have to make the plan work. Councilman Asting noted that the City can't afford the high premiums for liability insurance and it's up to the Department Heads to make it work. Councilman Inman noted that two departments will have more exposure than others because of more vehicles on the road, and that's Police and Public Works. He suggested they design a simple form to have it readily available and fill it out if they see a problem and turn it in to the Department Head for action to be taken. Councilman Rotundo said he understands if there's a pot hole to be fixed, it should be reported immediately and the work should be done immediately. Mayor Baugh said the reports will have to City Hall and then the Department Head, but there's a record kept here. Councilman Prater asked about pot holes on Park Avenue and Mayor Baugh replied they'll report those to the County. Councilman Prater pointed out there's one at Mango Tree and Park Avenue, and he asked what would happen if there's an accident there. City Attorney Alvarez said the notification requirements for any dangerous situation on County roads should be a report to the County in writing, and perhaps include a picture, with the statement "you are hereby on notice that there's a condition in your road that could cause an accident" and then if an accident occurs, we will probably be sued and we'll have to go through the procedures in court to have the County brought in and the basis of getting out of it is the notice to the County. Mayor Baugh asked if this will be in the manual they prepare and City Attorney Alvarez replied yes. Councilman Rotundo asked if the City should fix it if a hazardous condition exists and Mayor Baugh replied no, as the City will set a precedent. Mr. Schad pointed out that they could say it was not fixed right. Councilman Asting suggested the Department Heads check work crews in the field occasionally at random. -2- Council Special Meeting & Workshop Minutes October 1, 1986 o o Self insurance program/safety with Department Heads (Continued) - Mr. Sheridan stated that supervisors going to the field is covered in the manual now, and he reviewed the procedure. Mr. Sheridan said they can't get anything from the manual by casually reading it and they have to study it. Mayor Baugh pointed out that it's proved they did read it because of the decreased accidents. Mr. Sheridan said they should decrease further with participation in the program. He reviewed the number of accidents in 1985, and the number of accident investigations. He noted that he didn't receive the reports he had recommended. Mayor Baugh stated there are certain things that will be expected from the Department Heads with the safety program. City Attorney Alvarez reviewed the basics of the background of how the self-insurance came about. He noted they took an amount similar to the insurance premiums and put it in the bank to earn interest. He noted they can no longer get some of the coverage such as public officials and umbrella, and it's part of the insurance crises throughout the state. He noted they'll wipe out reserves if they're hit with a catas- trophic loss, but based on past experience, the safety program, and knowledge of the Department Heads, they shouldn't have a problem. He reviewed how an employee has to act in a prudent manner and cannot have actions that are wanton, willful or reckless misconduct. He pointed out that rules and training are critical. Chief Schumaker asked who would have the responsibility for notice of a defect that a patrolman might see in his daily duties. City Attorney Alvarez depicted on the chalk board the organizational structure. He pointed out that the self-insurance is in effect as of October 1st. He said City employees will be drilled by Department Heads to be on the look out for anything that will cause a problem, and every employee will be charged with the area in which he works. He noted they'll have logs kept of all routine safety inspections. He pointed out that if vandalism is involved, they have to prove the notice element or there's no liability. He added that if it was reported and nothing was done about it, then there's no defense. Councilman Asting stated they need a daily or weekly trip ticket for inspections of lights, etc., and to see they're inoperable condition. City Attorney Alvarez reviewed the claims handling by the self-insurance committee. He noted that the report will have the name of the individuals, description of the accident, what happened, and witnesses, and then the committee will determine if the employee is, or could be, liable. He noted that if the claim is less than $1,000 and the City is at fault, then the committee will handle it, and if it's over $1,000, it goes to City Council for approval. City Attorney Alvarez said they're self-insured for general liability, which is everything but Police, Fire, and public officials, and buildings and contects are insured. Mayor Baugh asked if they submit written documents to the City Clerk until the forms are prepared and City Attorney Alvarez replied yes. Councilman Asting again suggested they use trip tickets for the vehicles. Mr. Wadsworth said they used them in the past and there was no problem. Mr. Patsy DiLeva, Administrative Fire Chief, asked if they'll be sued individually if they're speeding. City Attorney Alvarez replied that if he's going 80 MPH in a 35 MPH zone responding to someone burning trash in their back yard, he's on his own, but if it's a large fire where people are trapped, he doesn't think he'll be on his own. Mr. DiLeva asked who would make the determine if he's at fault and who would defend him. City Attorney Alvarez replied the accident reconstruction experts will review it and make a determination. He added that Florida Statutes says you cannot sue or name as a defendant a city employee unless the conduct was wanton, wilful, and reckless, so you have to look at each situation. -3- Council Special Meeting & Workshop Minutes October 1, 1986 'I () Q Self insurance program/safety with Department Heads (Continued) - Mr. DiLeva stated they don't know how bad a fire is so they shouldn't exceed the speed limit. City Attorney Alvarez pointed out that even in an emergency, vehicles with sirens and lights, code 3, do not have the right of way, but they're asking for the right of way. Councilman Prater asked about a fireman on call that came in his private car. City Attorney Alvarez said they'll have to review the procedures in terms of response. Mr. DiLeva stated they all have pagers and report to the designated station and not to fire unless they have their bunker gear with them. There was a discussion about the current procedure used for fire calls. Mr. Schad asked the speed limit for emergency vehicles and Chief Schumaker replied it's no faster than the posted speed limit, but there's no such thing as a right of way if someone doesn't give it to you. He added that if they go through a light and are hit by another car, they're at fault and no state has a low that can be violated. Mr. DiLeva pointed out that a patrolman can supersede a light. Councilman Inman noted that the man in the intersection who waves you through is responsible. Mayor Baugh suggested they meet with the Fire Department and City Attorney Alvarez said they'd meet with all departments, but the volunteers are different from other employees. Mayor Baugh asked if any Department Heads had general questions. Mr. Wadsworth asked if they make a note and get it fixed as quickly as possible with the daily trip ticket and vehicle inspections, or go through Earl Copeland. City Attorney Alvarez noted they can't operate with defective equipment. There was a discussion about the current procedures for repairs and City Attorney Alvarez stated it comes down to common sense. Mr. Copeland stated there's a request form for repairs. Councilman Inman pointed out there could be minor problems that aren't emergencies. Councilman Asting said the vehicle operator is responsible for using the trip ticket to make sure the safety features are operable. City Attorney Alvarez asked that employees submit a simple list of what can cause a problem in the department, and areas of danger and exposure, and rate them. Mr. Copeland noted that his crew is good about reporting things. City Attorney Avlarez said they need to look at driving habits and carrying items in the vehicles. Mayor Baugh again expressed his support of the Department Heads and stated they're going to try to keep accidents down and have some money left. Res. 86-R-42 Calling for primary election on October 21, 1986 - City Attorney Alvarez read this Resolution. RES. 86-R-42 - A RESOLUTION CALLING FOR A PRIMARY ELECTION TO BE HELD IN THE CITY OF EDGEWATER, FLORIDA, ON OCTOBER 21, 1986, FOR THE PURPOSE OF ELECTING A MAYOR AND COUNCIL SEAT FOR ZONE 4; DESIGNATING THE VOTING PLACES FOR SAID ELECTION; DIRECTING THE CITY CLERK TO PUBLISH THE RESOLUTION; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Inman moved to adopt Resolution 86-R-42. Councilman Rotundo seconded the motion. Councilman Asting questioned the wording on "electing" because they're determining candidates for the election, and not electing them. Councilman Prater suggested they change the wording from "electing" to "selecting". City Attorney Alvarez made the change to read "selecting two candidates for Mayor and Council seat for zone 4". He also changed to this language on section 3. The Department Heads were excused from the meeting at this time, 3:46 P.M. Councilman Asting moved to accept Resolution 86-R-42 as amended. Councilman Prater seconded the motion. Motion CARRIED 5-0. Original motion to accept the Resolution CARRIED 5-0. -4- Council Special Meeting & Workshop Minutes October 1, 1986 o o Res. 86-R-43 Declaring candidates for election for Mayor and Council seat zone 4 - City Attorney Alvarez read this Resolution. RES. 86-R-43 - A RESOLUTION DECLARING THE CANDIDATES FOR THE ELECTION OF MAYOR AND COUNCIL SEAT FOR ZONE 4, IN THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. He made the changes to read "A RESOLUTION DECLARING THE CANDIDATES FOR A PRIMARY ELECTION FOR MAYOR AND COUNCIL SEAT FOR ZONE 4 IN THE CITY OF EDGEWATER, FLORIDA; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING AN EFFECTIVE DATE. Councilman Asting moved to accept the Resolution as amended. Councilman Prater seconded the motion. Motion CARRIED 5-0. City Attorney Alvarez then read the names of the candidates for the record: Mayor- Vincent Paul Azzarello Jr., Earl D. Baugh, David C. Ledbetter, Melbourne F. Wargo, and Don Bennington; Zone four - James W. Inman Sr., David Mitchum, James E. Richardson, and David Ronald Whalen. Councilman Asting asked if they should put the question of road paving and sewers on the ballot as separate items. City Attorney Alvarez replied that it's the Council's choice and if so, he'll work on the question of whether they're willing to support a sewer collection system and plant expansion for Florida Shores of so many dollars. He added they should also have the question of deferring the paving until the project is completed. Councilman Asting suggested they specify it will be at least five years for the sewer and they would have to live with dusty conditions for that long. City Attorney Alvarez said they want to seek the same method of financing when the sewer system is done and add the paving also. City Clerk Martinez noted that it's too late for the primary and they'd need to do it by resolution if they want it with the general election. There was discussion of when this could come up on a Council agenda. City Clerk Martinez stated she'll have to check and see if there's time to put it on the ballot. Mayor Baugh requested a motion to adjourn. Councilman Prater moved to adjourn. Councilman Inman seconded the motion. Meeting was adjourned at 3:57 P.M. Minutes submitted by: Lura Sue Koser ATTEST: r ~ ~ ~ ~~ 7IJ~---c~ ~OUNCILMAN - ZONE FOUR fr' Approved this 20th day October ,198~ ~ MAYOR ~ f?~ -5- Council Special Meeting & Workshop Minutes October 1, 1986