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11-21-1994 - Regular 'W' ...., CITY COUNCIL OF EDGEWATER REGULAR MEETING NOVEMBER 21, 1994 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER: Mayor Hayman called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL: Mayor Jack Hayman Councilman Danny Hatfield Councilwoman Louise Martin Councilman Michael Hays Councilman David Mitchum City Attorney Krista storey city Manager George McMahon city Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE The invocation was delivered by Reverend Harvey Hardin, Retired Minister, Edgewater united Methodist Church. There was a pledge of allegiance to the Flag. Presentation of plaaue for Excellence in Safety and Health from Volusia/Flaaler Safety Council, Inc. Mayor Hayman presented a plaque to Char lane Runge, Safety Director and commended her for a job well done. APPROVAL OF MINUTES There were no minutes to be approved. CITIZEN COMMENTS Council agreed that citizens would withhold their comments until after presentations by engineers and professional staff regarding the paving program. Norman Billups, 1868 pine Tree Drive, commented on drainage and past paving. He commented on the drainage at the 18th Street Canal being a water block as far back as nine years ago and nothing being done to fix the problem. Mr. Billups gave Council a copy of the price of paving. He feels the citizens have been cheated. Mr. Billups informed Council that he is pleased to announce that one of his grandchildren has been admitted to West Point and one of his grandchildren has made the captain's List. Edward Keenan, 1905 pine Tree Drive, commented on the city Manager's Letter to the Editor of the News Journal on October 18th concerning his unfound and unprovable remarks about the United Taxpayers of Edgewater. Mayor Hayman stated on our agenda at this point we are not addressing correspondence regarding the UTE. He stated he can come back after the business on the agenda has been taken care of under the second citizen comments to address this issue. '-' ..., Mr. Keenan suggested Council look into the message Mr. George Naill suggested in dealing with the County. He feels Edgewater pays enough taxes and they would gladly help us and maybe present a cheaper way of doing the paving. Mr. Keenan commented on the city purchasing health insurance in 1993 and the water going south. Mayor Hayman insisted Mr. Keenan hold his comments until the second citizen comments. COUNCIL/OFFICERS REPORTS city Attorney city Attorney storey had nothing at this time. city Manaqer 1) Report on city's financial reserve city Manager McMahon stated he had nothing at this time. He stated he does have a report to give on the balance sheet of the city's reserves. City Manager McMahon agreed to wait until the later part of the agenda to give his report. CITY COUNCIL councilman Mitchum councilman Mitchum had nothing at this time. Mayor Hayman Mayor Hayman had nothing at this time. councilman Hatfield Councilman Hatfield commented on the flooding and stormwater along the Park Avenue corridor. He feels the Council needs to look into this and if necessary, supply funds to do a study on where the problems are in Edgewater. City Manager McMahon agreed with Councilman Hatfield. He stated there are some things that city staff will be able to do such as remedial things. He stated to do a rational system job we probably will need to do an engineering study. City Manager McMahon stated he would like to speak with city staff and discuss in detail the options we may have and come back to Council with a preliminary scope of what we think needs to be done at a later meeting. City Manager McMahon informed Council he would bring this back at the first meeting in January as a preliminary report. Mayor Hayman explained why he feels we need community involvement. city Manager McMahon commented on Edgewater never being designed to be a city. It was designed to be drainage for an agriculture area only. City Manager McMahon feels we need to define our problems and assess what happened with the drainage as it was. Page -2- council Regular Meeting November 21, 1994 '-" ....., city Manager McMahon suggested he come back with plans to assess the situation and deal with the things we know we can deal with now. councilman Hays would like city Engineer Fegley to look at what impact the culverts that were installed by the County may have had on our Stormwater Management Plan. He asked to have this specifically addressed when it is brought back before Council. City Manager McMahon stated the City had no prior knowledge that the County had an environmental control gate at the wildwood Subdivision entrance and commented on the reason for the flooding being due to this not being cleaned by the County. Councilwoman Martin Councilwoman Martin had nothing at this time. Councilman Havs Councilman Hays had nothing at this time. CONSENT AGENDA There were no items to be discussed on the consent agenda. NEW BUSINESS A. Edgewater united Methodist Church cross tower exceedinq established heiqht limitations Mayor Hayman commented on Ord. 94-0-27. community Development Director Mark Karet briefed Council on this request. He spoke about Ord. 94-0-27 which would amend the current ordinance. He went on to explain LDRA approval. Mayor Hayman spoke about Ord. 94-0-27 being Item 8A on the agenda. Mayor Hayman suggested this item be moved up on the agenda. It was the consensus of the Council to move this item up on the agenda. Mayor Hayman read Ord. 94-0-27. Councilman Hatfield and Mayor Hayman are members of the Edgewater United Methodist Church. Councilwoman Martin asked if this would meet structural codes. Mr. Karet explained any structure that is erected will have to meet the windload requirements. Councilman Mitchum made a motion to approve Ord. 94-0-27, second by Councilwoman Martin. The motion CARRIED 5-0. B. Police evidence buildinq proiect chanqe order No.1, decreasinq proiect amount bv $468 City Manager McMahon explained we came in below the contracted price to do the evidence building. City Engineer Fegley explained the reasons for the change order. He informed Council the final completion date was November 17, 1994. Councilman Hatfield made a motion to approve change order No.1, second by Councilman Hays. The motion CARRIED 5-0. Page -3- Council Regular Meeting November 21, 1994 '-" ,.., C. Public Works Director's request to purchase 1990 Kenworth Tractor Truck with sole source certification for $28,900 Mayor Hayman presented the background on this request. City Manager McMahon explained Mr. Williams and his staff at this carefully. He explained this is a sole source. stated this equipment is necessary to continue the trash operation. looked He Public Works Director Hugh Williams explained the need for this truck. Mayor Hayman questioned the budgeted amount for this truck. Mr. Williams explained $30,000 on the truck and $3,000 on the wet system. He stated the cost is about $3,000 under budget. Councilwoman Martin made a motion to approve this request, second by Councilman Hays. The motion CARRIED 5-0. Mr. Williams stated he hopes to pick up the truck the first week in December. D. Appointment of Vice Mayor Councilman Hays made a motion to appoint Councilwoman Martin, second by Councilman Mitchum. The motion CARRIED 5-0. ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS FIRST READING: A. Ord. 94-0-27 Amendinq Zoninq Ordinance to permit houses of worship to exceed maximum buildinq heiqhts in the B-3, Hiqhway Service Business District, and B-4, Tourist Commercial District This item was moved up on the agenda. SECOND READING: (PUBLIC HEARING) There were no items to be discussed for second reading. UNFINISHED BUSINESS A. Road Pavinq/Stormwater proiect report by Dyer, Riddle, Mills & Precourt, Inc. and city Manaqer City Manager McMahon stated what Council is hearing tonight is what he is hearing for the first time. He stated DRMP tonight will give the figures that have been completed and any conditions regarding that. city Engineer Fegley asked to transpose Items 9A & 9B so the landscape architect could do their presentation first. It was the consensus of the Council to allow the landscape architect to go first. Mayor Hayman explained the stormwater project requires some landscaping by law. B. Landscape Alternative for Florida Shores Roadway Improvement Project City Engineer Fegley explained the plan and profile sheet on the landscaping portion of the stormwater project. Page -4- Council Regular Meeting November 21, 1994 ~ ~ city Engineer Fegley stated through traffic will be denied after the retention ponds are constructed. These streets include 13th, 15th, 17th - 21st, 23rd - 25th, 27th - 29th, 31st - 33rd from Hibiscus all the way to the westerly most intersection of the north-south streets. Wendell Stafford and Michael Statham, Landscape Architects, DRMP, provided a description of landscape alternatives for the retention ponds which will include the type of vegetation which is suitable for our particular application in our geographical area, the capital costs of the landscaping alternatives verses the original proposed sodding, the maintenance costs affiliated with each of those and the time frame involved with recuperating the landscaping capital costs due to the reduced maintenance activities. Mayor Hayman informed Council of the letter passed out to them from Dr. Charles Gebelein regarding his opposition to the collection method for improvement swales. Mayor Hayman also mentioned the letter from Mr. Louis S. Mehl regarding the road and stormwater projects. City Manager McMahon commented on the maintenance costs of the landscaping alternative also anticipating all of the sodding that would have to be put in in conjunction with the landscaping itself. Michael Statham elaborated on City Manager McMahon's concerns. There was a discussion regarding the maintenance cost of the sod. city Engineer Fegley stated he has requested the Design Engineer for DRMP to discuss the final 100% probable cost estimates and several alternatives that can reduce the base bid so we may continue to make this a viable project. Dan Broom, Project Manager, DRMP, reviewed what has been transpired. He commented on the estimated construction costs. Mr. Broom stated he wants to make sure once the City gets into this job, they have enough money in the budget to be able to complete the job without looking for more money to try to come up with. He commented on a method to do that. Mayor Hayman went over what the process the City has followed so far. He explained the figures Council agreed on. Mayor Hayman commented on the increase in the amount and asked Mr. Broom to focus on what the increase is and the reason for the increase. Mr. Broom explained the preliminary cost estimate. Mr. Broom stated DRMP is committed to working with the city to get the job to fit the budget. City Engineer Fegley further elaborated on the preliminary cost estimates being broken down into three subsections: insurance/bonds, paving, and drainage and the costs involved with each of these. Councilman Mitchum stated he still doesn't understand how the estimates can be that far off between the preliminary and the final costs. Councilman Mitchum feels when Mr. Broom gave the preliminary cost estimates he wasn't prepared to give them. He stated a simple we're not prepared to give them would have sufficed. He feels we have a three million dollar blunder. Page -5- Council Regular Meeting November 21, 1994 '-' """" Councilman Mitchum apologized if he is wrong but he feels if there is a logical explanation the City needs to hear it. Dave Reflange, Vice President, Dyer, Riddle, Mills & Precourt, further elaborated on the preliminary cost estimate. He feels the figure presented to Council is fairly conservative. He commented on this being a very unusual type project. Mr. Reflange feels there is enough money to fund the construction phase services to reduce the cost estimate. city Manager McMahon commented on the time period for this project. Councilman Mitchum stated he expected more out of DRMP. He finds it hard to believe that DRMP can handle a $45 million project but are having trouble with a $15 million project. He stated the reason DRMP was given this job was because they had the upper hand on what was going on in Edgewater. He doesn't know how the $3 million increase was missed. Councilwoman Martin asked what area has changed to increase the project by $3 million. city Manager McMahon stated he never received any changes. Councilman Hays stated he is surprised with what has happened. He referred back to when Mr. Ferland was representing DRMP. He feels when Mr. Ferland left the company, maybe there was information that was never passed on. He stated DRMP had this paving project information already. Councilman Hays questioned what happened. He feels 30% or more off on a bid is not a professional bid. He is not willing to surrender the quality of what the Council wants in the City because something was not submitted. Councilman Hatfield expressed concern with not seeing anything in writing. Mr. Reflange stated he has submitted a 90% subplan specifications, a 100% plan specifications, a preliminary construction cost estimate that was documented and a 100% probable construction cost that was also documented. City Manager McMahon stated City Engineer Fegley is trying to work out the differences with the engineering firm and he has not seen anything in writing. city Engineer Fegley explained to Council what he has received from DRMP. Councilman Hays commented on this being an unusual project. He needs to know what lead to these cost changes. Mr. Reflange commented on this being part of an overall sewer and paving program which was originally set up to be done together. He commented on the paving being taken out to be done at a later date. He spoke about this being a unique situation. Councilwoman Martin commented on the fact that we decided not to complete the sewer and paving in one project didn't mean to throw it away and start over from scratch. Mr. Reflange explained there were things that changed in the CIP program that were not updated in the RIP. Councilman Mitchum stated the contract called for $225,000 more to DRMP to bring us back some buildable and biddable plans. To date, DRMP has taken over $3 million out of the City. He feels DRMP has gotten into a situation they probably shouldn't have been in professionally. Page -6- Council Regular Meeting November 21, 1994 ~ ~ Councilman Mitchum commented on people already paying their paving assessments and now the estimate is $3 million more. There was a five minute recess at this time. Mayor Hayman presented a summary of the issues and problems that had been discussed up to this point. Mayor Hayman feels the Council is at a point where they need to change the guard. He feels they need to pursue alternatives: tighten the range with DRMP or look for another firm. Councilman Hays feels the big issue is the road pavingjstormwater project. As far as the landscaping alternatives, they can be resolved at a later date. He suggested letting the landscaping go for now. vic Glidewell, 2510 Evergreen Drive, feels in all fairness the Council should go back and have another vote on the roads. Herbert Nichols, 2114 Orange Tree Drive, suggested Council and the DRMP representatives sit down and negotiate. He advised the Council not to do much taking. He feels a $3 million increase is too much. Leah Elaine Fugate, 2940 members of the community of the stormwater areas. community project. victory Palm Drive, asked why the can not be involved with the maintenance She feels the landscaping should be a Mayor Hayman stated that is a great idea. This City through a self help program could save millions of dollars a year and if she is willing to be the person to start this he would support her 1000%. City Manager McMahon feels the City may want to consider arriving at a basic landscaping theme and bid the plants with the cooperation of the community to do the physical labor of putting them in. Richard Ladd, 1930 Lime Tree Drive, feels we need the roads and the drainage system. He also feels the City needs to do some negotiating. He commented on the contingency plan associated with the possibility of rock conditions and muck. He feels the City was over restricted to the Engineer requiring a twenty year plan. He asked what roads now have a soil cement sub base plus the base talked about in the newspaper. He questioned why the base of the roads is not being over designed. City Engineer Fegley elaborated on the base of the roads. He commented on the existing roads lasting 15 years before they need structural rehabilitation. Mr. Ladd asked what percentage of the existing roads are presently built to meet standards. City Engineer Fegley stated it is his understanding that the base below the majority of the streets was soil cement. He stated soil cement is desirable for an area which has a high water table which is the conditions we encounter in Florida Shores. Councilwoman Martin questioned when the roads were replaced after the CIP program, there was no build up and the road was placed on top of the sand. City Engineer Fegley elaborated on her concerns. city Manager McMahon feels there are alternatives that need to be considered. Page -7- Council Regular Meeting November 21, 1994 '-" ,.., Cliff Clark, 1818 Evergreen Drive, spoke on the cost of the road paving before and how much it is going to cost now. He stated he has lived with his road and he can continue to live with it. Rosalie Scalese, 2316 Tamarind Drive, commented when we had the storm, on 22nd & Yule the road is all dug up. She wanted to know what is going to be done with this road. city Manager McMahon stated that is part of a current work program to restore roads. He stated we have to grade and put shell on the roads. He explained in order to obtain shell we have to have a dry out period. He stated the road will be restored to the condition it was before. Mario DiOrio, 1823 Evergreen Drive, stated as the citizens wait for the streets, it is costing more money. He feels as long as the roads are not paved, the City is going to have a mess. He feels the CIP project was not done successfully. He stated we can't have substandard. Mr. DiOrio commended Councilman Mitchum for his comments. He feels the longer we wait, the more it will cost. He suggested Council make the best of a bad deal. Dr. Charles Gebelein, 1730 Umbrella Tree Drive, went over the ten reasons in his letter to Council for not wanting retention ponds. Councilman Hays commented on purchasing private property to be used as retention areas. Councilwoman Martin feels purchasing private property would still be a danger to animals and children. city Manager McMahon commented on two practical considerations. He feels whatever the City ends up doing has to be a connected system. George Lynn, 2628 Unity Tree Drive, feels some of the drainage system needs to be corrected before anything else is done. He commented on the mess at 22nd Street between vista Palm and willow Oak. Herbert Lumbert, 1803 victory Palm Drive, stated he can not understand how an engineering firm can go three months beyond the date without some reaction from the City Manager. City Manager McMahon stated the firm has not been fully paid. Mr. Lumbert feels there is a confidence problem with the engineering firm and with the decision making of Council. He feels the people of Edgewater should have their comments restored with the decision making process. If that is going to take an outside consultant to do that, so be it but he is very concerned with making a decision now. Edward Keenan, 1905 pine Tree Drive, feels the way we have been treated after how well the Engineers have been treated by us is amazing. He feels the city should consider hiring a new Engineer or get the County to do it. Mayor Hayman went over all of the different things that have been discussed. City Manager McMahon elaborated on the permits obtained by DRMP for the stormwater drainage project. Mayor Hayman feels as first priority they should look at the drainage problem city wide before going into a road improvement program. He commented on confidence and the suggestion of obtaining another firm or the County. Page -8- Council Regular Meeting November 21, 1994 ~ ~ Mayor Hayman expressed his feelings on the city moving forward. Mayor Hayman asked Council's feelings on the contract with DRMP. Councilman Hays asked if anything has come from the County on paving. He asked if any proposals have been made by the County. City Manager McMahon assured him there has not been and will not be. City Manager McMahon suggested for the Council to consider using the other firm that has been doing value engineering. Councilman Hays feels it is important the City get what it paid for. He feels the City should collect the things that have been bought and paid for. Councilman Hays expressed why he feels the Council should seek new engineering advice because he has lost confidence in DRMP. Councilman Hays feels the City needs with move on with the paving project and get it done. City Manager McMahon explained that the balance of work that is not done or not done to the satisfaction of the City and that is the final cost estimates to the satisfaction of the City is not a deliverable and they have not been paid. They will not be paid until we have a final deliverable that is accepted by contract. They have to meet the terms of the contract. Councilwoman Martin commented on anything being done through the County being 50/50%. She expressed her feelings about not being happy about the $3 million increase. Mayor Hayman asked what the contract amount is and what amount has not been paid. City Manager McMahon stated the contract amount is $224,659. Approximately $25,000 of this has not been paid pending the final deliverable. Councilman Hatfield asked City Manager McMahon if we have certain plans on hand from them. city Engineer Fegley explained the City has available the preliminary 100% construction documents, profile shots and the contract specifications manual is also in house. Councilman Hatfield asked what is left to do if the city separates from DRMP. city Engineer Fegley commented on some minor changes that need to be done. City Manager McMahon feels what has been paid to DRMP has not been wasted. Councilman Hatfield asked how long would the value engineering process last. City Engineer Fegley stated the value engineering report will be done by the end of next week. He stated at that time we can go ahead and incorporate that with the engineer that has control of these plans and specifications. City Manager McMahon stated from the point that we actually have in hand what we need from DRMP and a commitment on hand to move forward with whatever engineering firm we are going to, it will probably take between 30 to 60 days. Councilman Mitchum asked how this will affect our ability to market the bonds and meet our deadlines. He expressed concern with the people that have already paid. Page -9- Council Regular Meeting November 21, 1994 -' """"" City Manager McMahon stated a stop was put on the bonds when the City knew what the problem might be. He stated the bonds were supposed to be sold this last week but he asked them to hold off because once you are committed to that you are locked into that money. City Manager McMahon stated the assessments have already been put on the tax roll and if the Council chose not to go forth with the project, that money would need to be reimbursed. City Manager McMahon said the bonds can be sold at the Council's direction to the bonding company. He spoke on the cost of bonds going up. Councilman Mitchum stated he has no intention of downsizing this project. He strongly suggested with Council approval that City Manager McMahon, City Engineer Fegley, DRMP, and Quentin Hampton sit down and work this out. Councilman Mitchum would like to see staff come back with a yes or no as to whether or not this is feasibility. He stated the whole situation with DRMP has him very upset. city Manager McMahon stated two engineering firms working together to get information and use it is fine but he doesn't think he will find both engineering firms wanting to go to bid to work this out. Councilman Mitchum feels they are at a point where everyone needs to work together. Councilman Hays commented on the reputation of DRMP. He suggested the representatives of DRMP go back and express concern about the quality of work that is coming out of DRMP right now. Mr. Reflange assured Council that DRMP would live up to their contractual obligations. Mayor Hayman can not support staying with DRMP. He would be more confident with Quentin Hampton finishing the project. He stated he has no confidence in DRMP. city Manager McMahon asked if the city decides to make the change that is being contemplated, is DRMP willing to allow another engineering firm to modify the design if they take responsibility for it. Mr. Reflange explained the Board of Professional Regulation governs those things and that they are more than willing to work with Quentin Hampton. Councilman Mitchum wants to see this project finished. Councilwoman Martin stated if DRMP knew Council was not happy with the $3 million increase why they didn't explain thoroughly or adjust the figures before the meeting. Mr. Reflange commented on the preliminary cost estimate and final cost estimate. Mayor Hayman doesn't see how the city is going to get two engineering firms together with Council and staff and work out a solution. Councilman Mitchum made a motion for the City Manager, city Engineer, DRMP, and Quentin Hampton sit down and work this out. Councilman Hatfield stated we need a time frame if Council is suggesting these two firms get together we need to know at some point whether they can or can not work together. Councilman Hatfield would like to see something before him at the next Council meeting. Page -10- Council Regular Meeting November 21, 1994 ~ ....." Mayor Hayman commented on DRMP not providing a clear understanding of the $3 million increase. Councilman Hays stated we are asking for DRMP to give to Quentin Hampton what they need to carryon this project. He feels the city needs guidelines as to what we are willing to give up or not give up if it is found necessary. Councilman Hays agreed with Councilman Hatfield that he would like to see something at the next meeting. Councilman Hatfield questioned if they were going to retain or remove DRMP at this point. Councilman Mitchum expressed concern with the obligation of the City being in the form of a contract for $225,000. He asked if the City is obligated to still pay DRMP $25,000 if they decide to get rid of them and then the City hand it over to another engineering firm. Councilman Mitchum feels DRMP is obligated to complete the project. He wants a completed set of drawings and he wants this done within the scope of what they originally intended it to be done. city Attorney storey commented on the twenty nine week time frame that we were to be out to bid. She stated twenty nine weeks put that at August 15th. It is now November 21st and we still have not gone out to bid. She stated that is a clear violation of the contract. She knows of no extenuating circumstances that DRMP has informed the City staff of as to why that took place. city Attorney Storey explained the obligation to pay the $25,000 is a call of Council's but she feels we can document that there is reason why we should not be obligated and there have been costs associated with that delay. city Manager McMahon feels DRMP has made a good professional offer to cooperate and work with any firm that the Council wants them to work with. City Manager McMahon believes by the next Council meeting he can arrange to have an engineering firm do a take off which is a basic estimate of the time involved. Councilman Mitchum asked if DRMP is willing to hand over the reins of this project at no charge to the City and they would not have to pay the $25,000. Mr. Reflange stated the City is not obligated to pay them any more money and they will be more than happy to turn over the documents to the City at no additional expense and excluding the $25,000 in the contract. Councilman Hays made a motion to dismiss DRMP with the understanding they will pass on all information regarding the project and any assistance required by the quality engineering firm and go with quality engineering and bring that back to us at no later than the regularly scheduled meeting, if that can be done next week and call a special meeting to address this, second by Councilman Hatfield. Mayor Hayman clarified the engineering firm would be Quentin Hampton. The motion CARRIED 5-0. COUNCIL/OFFICERS REPORTS city Attornev City Attorney Storey had nothing at this time. Page -11- Council Regular Meeting November 21, 1994 '-' ....., city Manaqer city Manager McMahon stated the undesignated reserves as of 9/30/94 have increased by $209,025. The undesignated or unappropriated reserves are up to $593,961. He asked that council authorize by motion the appropriation of $40,000 of that into the special resurfacing fund. He doesn't think Council should consider spending it until a priority system has been set up for resurfacing. councilman Mitchum made a motion to appropriate $40,000 from the undesignated reserves to the special resurfacing fund, second by Councilman Hays. The motion CARRIED 5-0. City Manager McMahon stated we don't have a full appreciation or extend of the damages. We are doing a damage assessment report as a result of the flood. City Manager McMahon spoke about repairs that may have to be made to the wastewater system. He stated if the city didn't have the wastewater system and the flood occurred there would have been major problems with septic tanks throughout the area. City Manager McMahon stated the money would have to come out of the emergency fund. He informed Council an application has been submitted to FEMA and the funds we get from them will take care of labor costs and other things. City Manager McMahon stated he didn't like to recommend to Council last year the 26% increase to taxes but had the Council not done that there would have been a very low reserve this year. Mayor Hayman asked when the figures needed to be to FEMA to receive funds. City Manager McMahon stated the preliminary figures have been sent in and they give you time to go back and reassess what you have done and give them the final details. Mayor Hayman asked City Manager McMahon to report back to him at the next meeting. city Manager McMahon stated we are not guaranteed the money but we are eligible for it. City Manager McMahon stated with the tax increases last year and the current taxes this year and all the adjusted taxes in Volusia County, Edgewater ranked #4 in Volusia County for taxes. CITY COUNCIL Councilman Mitchum Councilman Mitchum had nothing at this time. Mayor Hayman Mayor Hayman had nothing at this time. Councilman Hatfield Councilman Hatfield had nothing at this time. Councilwoman Martin Councilwoman Martin had nothing at this time. Councilman Hays Councilman Hays asked City Attorney storey to find out the status of the truck ordinance. Page -12- council Regular Meeting November 21, 1994 'w' ..", Councilman Hays commented about adult entertainment laws. He suggested to review what we have in the City and bring that forward before Council. He asked to please bring it before Council as soon as possible. Councilman Hays commented on purchasing a new tape system. He commented on receiving tapes and not being able to hear them. He asked Council's support in evaluating a new tape system. QUESTIONS FROM PRESS There were no questions from the press at this time. CITIZEN COMMENTS Erving Raymond, 304 Linda street, commented on the drainage problem in Edgewater Acres. He stated we need to get this fixed. Mayor Hayman asked Mr. Raymond about an agreement they had regarding inquiry to people who needed to get easements. He asked the progression of that. City Attorney storey stated the letters went out today to get permission from the residents so the City could draw up the final agreement. City Attorney storey stated there was a time frame to pull together the legal descriptions and exact names of the property owners and that was done in good time. City Manager McMahon spoke about working with the County to look at mosquito ditches in that area. Mr. Raymond commented about water being pumped from wildwood because it was flooded. He stated it was pumped across the street which there is only one canal for Edgewater Acres and wildwood. He spoke about two houses being flooded out. Councilman Mitchum stated he realizes there is a problem in areas of the City and we have been actively working in areas. Councilman Mitchum stated they are trying to make improvements on this particular problem in Edgewater Acres. City Manager McMahon stated when we pump from wildwood there was an area we could pump to. If there was an area in Edgewater Acres that could handle the water legally without the railroad being involved, he would be happy to consider that. Councilman Mitchum stated we are negotiating with the County to buy that lake which will supplement our water reuse plus give us another area to pump water into. Councilman Hatfield commented on a meeting that took place regarding the drainage problems in Edgewater Acres. He addressed the culvert on Park Avenue by the railroad tracks to the County Engineer and hopefully he will be getting back with us. Councilman Hatfield asked Mr. Raymond to please be patient because this takes time. Dominick Fazzone, 302 Paradise Lane, stated back in 1986, DRMP made plans for the CIP program, paving, and a complete stormwater project for the whole City. He stated every single area of the City is included in these plans. He stated we shouldn't be spending more money except to update these plans. Page -13- Council Regular Meeting November 21, 1994 ~ ...", Mr. Fazzone informed Mr. Raymond that if you live in Florida, you are never going to eliminate the problem 100%. He stated it's not the City's fault the flooding problems occurred. Mr. Fazzone resented the fact that people come to the meetings and say the flooding is an act of God. Mario DiOrio, 1823 Evergreen Drive, commended Council on its firm stand tonight. He feels they have made a giant step towards completing the roads. There was a discussion regarding $400,000 of retainage relating to Phase III and Phase IV. Mr. DiOrio asked when this money was going to be utilized. Mayor Hayman stated the Council directed Mr. McMahon not to dispense any of that retainage and they also directed him to begin pulling together what it is going to take to repair the problems using those funds. Mr. DiOrio asked when Council anticipates that any kind of work will be done in this area. City Engineer Fegley stated the obligation of S & E Contractors is to provide a maintenance bond to address any deficiencies that occur one year after the substantial completion. He stated that date has been achieved with Phase II. All of the items that we have incurred in Phase II have been delineated and sent to S & E. He stated we can no longer enhance upon that list. Mr. DiOrio stated he spoke to Mr. Williams and he informed him he was going to tell the gentleman behind him to put him on the list because he has to be on the list in order for the City to retain money that would be sufficient enough to do the necessary repairs. Charles Gebelein, 1730 Umbrella Tree Drive, commented on the streets in Phase I never being completed adequately finished off. City Engineer Fegley stated Phase I as far as the integrity of the project is probably the best that we have received. He spoke a conversation with DRMP several years ago regarding the inadequacy of some of the shell streets. He stated there was some monetary compensation that may have been provided by DRMP and he didn't think it was accepted. He commented on various problems with the asphalt. City Engineer Fegley stated about a month ago he came up with a list of outstanding items and those items have been addressed in the field. city Engineer Fegley stated once the contractor provided the shell thickness and composition which was required and put the three inch cap on top of the manholes, their contract obligations were met. Dr. Gebelein commented on a letter written by Mr. Fegley where he specifically stated the shell was not done to specifications. city Engineer Fegley stated he believed the material cost was about $5,000 and we provided some in-kind services and that was presented to Council at that time, Council rendered decision and he believed they decided not to pursue that. city Manager McMahon stated until such time as the surface is changed we will maintain that road to the standard that we do all of the roads in the City so I don't want you to think we are going to ignore it. Page -14- Council Regular Meeting November 21, 1994 ..., ...." Joseph Tavares, 3405 Woodland Drive, spoke about the flooding problems on his street. He wants someone to look at his road before they do the paving. Mayor Hayman spoke about Mr. Williams, Mr. Fegley and our road people looking at worse case scenarios. Mr. Tavares stated he hopes the cost of paving doesn't go any higher. There was a discussion regarding paying for the paving early and still having to pay interest. Edward Keenan, 1905 pine Tree Drive, spoke about the retention ponds and the flooding problems in Edgewater acres. He spoke about the City Manager's letter to the editor regarding the UTE. Mr. Keenan spoke about the City purchasing health insurance on June 7, 1993 without public biddings. Mr. Keenan spoke about the water lines going south and the increase in the water rates. Mr. Keenan spoke about where the money that has been collected for stormwater has gone. City Manager McMahon stated every statement Mr. Keenan made was an untruth. Councilman Mitchum stated Mr. Naill came up and said the city could save $5 million on this pug mill. He thinks that is ridiculous. He stated if Mr. Naill and the UTE have something substantial on saving $5 million he would like facts brought to him. Mr. Keenan asked Councilman Mitchum to join Mr. McMahon and go to the County Engineers and discuss the paving. Councilman Hays stated he is tired of people questioning the integrity of Council and Staff. He is also tired of the lies and innuendo. city Manager McMahon spoke about the city being a member of the Florida League of Cities. city Manager McMahon spoke about Mr. Keenan being a conflict of interest. city Attorney Storey stated the Council is aware of the issue regarding the insurance through the Florida League of cities. She stated the League operates as a self-insurance fund therefore there was no requirements to go out for bid. City Manager McMahon spoke about the 42% increase for insurance being the reason for changing insurance. Mario DiOrio, 1823 Evergreen Drive, stated if this City wanted Mr. Naill to be the Mayor they would have elected him to be Mayor and if they wanted Mr. Jones to be Councilman they would have elected him. Finance Director Fred Munoz asked for an extension for the payment period for paving of 30 days before the bonds are sold. Councilman Mitchum made a motion to grant a 30-day extension, second by Councilman Hays. The motion CARRIED 5-0. Page -15- Council Regular Meeting November 21, 1994 ... .""", ADJOURNMENT There being no further business to discuss, Councilman Hatfield made a motion to adjourn, second by Councilman Mitchum. The meeting adjourned at 11:39 p.m. Minutes submitted by: Lisa Kruckmeyer Page -16- Council Regular Meeting November 21, 1994