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08-01-1994 - Regular , ~ '""'" CITY COUNCIL OF EDGEWATER REGULAR MEETING AUGUST 1, 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 Kirk Jones 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 Kantz, Edgewater united Methodist Church. There was a pledge of allegiance to the Flag. Mayor Hayman asked that if any engineers are here to make a presentation to please wait next door. APPROVAL OF MINUTES Reqular Meeting of July 18, 1994 Councilman Jones made a motion to approve the minutes of the July 18, 1994 meeting, second by Councilwoman Martin. The motion CARRIED 4-1. Councilman Mitchum was excused. CITIZEN COMMENTS A. Anqela & Ernest sills' request that $150 connection fee be waived for sewer hook up (From 6/20/94 and 7/18/94 meetinq) Angela Sills, 3320 Mango Tree Drive, gave a presentation as to why she feels the connection fee should be waived. City Manager McMahon gave an overview of what the procedures are for the sewer hook up. utilities Director Terry Wadsworth stated there have been a couple of the $150 waivers which happened in instances where home ownership changed or the county tax rolls were in error. He explained the notification process. He stated it appeared in several of the newsletters. He stated no exemptions of the $150 connection fee have been granted if it has passed the allotted time. city Attorney Storey explained Council can agree to the waiver but it should be based upon fact so a distinction can be made between one situation and another. She stated this is a policy decision. Councilman Jones feels there has been some evidence of mail being lost and coming up missing in her zone. He feels the $150 fee not being charged was an incentive for people who paid early. There was a brief discussion regarding who had to pay the $150 hook up fee. ~ 'W Councilwoman Martin had a problem with granting this waiver. Her feeling is more people will be coming forward looking to get their fees waived. Councilman Jones made a motion to waive the $150 fee for Ms. Sills, second by Councilman Hays. Councilman Hays feels the Council needed to discuss the points brought forward by City Attorney Storey. He also feels that more people may come forward saying they didn't receive any notice. Mayor Hayman commented on the viewpoint of the city. He stated he is not trying to argue the point that Ms. sills' was not informed. He is trying to look at both sides of this matter. He feels the City made a more than reasonable attempt to notify the public what was required of them. There was a brief discussion regarding this matter. Councilman Jones called for the question. The motion CARRIED 3-2. Ms. sills asked for a credit of $54 for a sewer charge before she was hooked up. City Manager McMahon elaborated on this matter. Councilman Hays stated he would like to make sure that staff knows how many people haven't hooked up, make sure these people have been notified, even if this has to be done by registered mail. He stated the reasons he voted the way he did was because he feels Ms. Sills presented enough evidence to convince him there was a likelihood that indeed there was a problem. Ms. sills request for the $54 credit was not granted. Herb Nieberger, 3227 willow Oak Drive, also requested a waiver of the $150 connection fee. He elaborated on the reasons for this request. He also did not receive any notification because he does not receive mail at 3227 willow Oak Drive but he informed the City of his correct mailing address. He went on to explain his reasons for this request. Councilman Hays stated he doesn't doubt what Mr. Nieberger is saying but there is no evidence for it and he hasn't had a chance to speak to staff. He stated he will look into it if Mr. Nieberger has facts to present. Mr. Nieberger agreed if City staff would give him the information he needed. Councilman Jones also needed to hear from staff before making a decision. He asked Mr. Nieberger to have this matter placed on the agenda when he gets his facts together. There was a discussion regarding this matter. Councilman Hays suggested Mr. Nieberger's case be looked at by the City Manager and he can share the information with the Council so they can make a fair decision. City Manager McMahon agreed to look into this matter. Councilman Mitchum suggested this be reviewed by the City Manager and staff and if they find it is appropriate then to go ahead and grant it and if it is not appropriate then it needs to be appealed to the Council. Page -2- Council Regular Meeting August 1, 1994 ~ ~ It was the consensus of the Council to allow staff to do the administrative processing to determine if the criteria would warrant waiver of the fee and allow the City Manager to do so. Then if the party concerned does not agree, it would be their alternative to come before Council. Mayor Hayman asked City Manager McMahon when he defines the process and procedure that is going to be used to please inform the Council. Edward Housworth, representing Penny Houstoun, 3024 Kumquat Drive, asked to have item 6D pulled from the agenda and discussed at that time. He stated Penny Houstoun was sorry she could not make it. It was the consensus of the council to alter the agenda and address the $150 fee waivers all at one time. Councilman Mitchum asked if he had gone through the administrative process. He stated not that he knew of but he handled all of Ms. Houstoun's personal matters. Mayor Hayman asked Mr. Housworth if he had a problem with going through the administrative process. He stated he spoke to the City Manager's secretary and he was referred to utilities and then informed to come before Council. City Manager McMahon clarified he is accountable for upholding ordinances and if the ordinance says the Council body is the only one that may grant a waiver, until this is changed he has no authority to grant a waiver and his secretary would always respond that this needs to be brought before the City Council. It was the consensus of the Council for Mr. Houstoun to follow the administrative procedure that was outlined tonight and to meet with City Manager McMahon tomorrow. Janet & Bob Bezold, 1550 Whetle street, owners of a home at 3215 Sabal Palm Drive, which they rent. The renters approached Ms. Bezold and asked when they were going to take care of the sewer hook up. Ms. Bezold stated they never received any notice of any kind. Mayor Hayman asked her to submit a letter to the City Manager with the facts and he would review it and make a decision. He stated City Manager McMahon has the authority to recommend and if this is denied they have the option to come back to Council and appeal this matter. Councilman Hays stated he would feel more comfortable if people presented facts before Council in order for them to make a fair decision. Councilman Jones agreed. Samantha Bergeron, Chamber of Commerce, stated the Chamber and Job Service are currently coordinating a job fair to be held September 17th in the Community Center. She stated the Economic Development Task Force and the Edgewater Area Council are working on this project as part of Industry Appreciation Week. She went on to explain this is free to job seekers and employers. She stated the orientation class would start at 8:00 and 11:00 a.m. and the job fair hours will go from 11:00 a.m. to 3:00 p.m. Ms. Bergeron informed Council of the Maglev ground breaking is tentatively scheduled for that previous week and this all comes together and brings real good opportunities. Page -3- Council Regular Meeting August 1, 1994 -.. """'" Dick Jones, 1530 Sabal Palm Drive, spoke on the Road Paving Program and the costs and commented on a letter he found in City Hall dated May 13th estimating the cost for paving to be $47.14 per foot. City Manager McMahon stated any figures Mr. Jones has are undocumented figures. He stated the City is doing everything possible to minimize that cost. He asked Mr. Jones to please be patient and the cost can not be accurate until we have the final cost. He stated 90% of the engineering work is done to produce those costs. Mr. Jones stated he doesn't feel the figures should be that high. City Engineer Kyle Fegley stated we expect to have the specifications by Friday. Mr. Fegley explained what needs to be included before we can come up with a final a cost. He stated the final cost should be available in about a month. Mayor Hayman asked to see the letter Mr. Jones found. He stated the letter was a document defined as FMPAVEPROJ which was done by Finance Director Fred Munoz. City Manager McMahon again stated the city is doing everything to minimize the cost for the paving project. Councilwoman Martin stated Mr. Munoz does a lot of reports but that is not the final report. COUNCIL/OFFICERS REPORTS city Attornev city Attorney storey had nothing at this time. city Manaqer City Manager McMahon commented on the preliminary draft for the results of the city-wide survey. CITY COUNCIL Councilwoman Martin Councilwoman Martin had nothing at this time. Councilman Hays Councilman Hays spoke about the paving project. He feels we need to start looking at the traffic on the streets such as tractor trailers and semi trucks and keep them off the residential streets. Councilman Hays feels the City needs a policy to keep these big vehicles out of the neighborhood. He asked that the Police Department inform people if they see these vehicles are parked on their property and present with a warning or two and if necessary, take further action. city Manager McMahon elaborated on Councilman Hays concerns. There was further discussion regarding this matter. Councilman Mitchum Councilman Mitchum had nothing at this time. Page -4- Council Regular Meeting August 1, 1994 ,..,. ...., Mayor Hayman Mayor Hayman spoke about hosting a workshop to look at economic issues. He stated Mr. McMahon, Roy Schleicher and himself have worked on an agenda. He read the agenda and described the concept and process and asked for Council's approval. Councilman Jones Councilman Jones had nothing at this time. CONSENT AGENDA A. Usaqe aqreement with Edqewater Alliance Church Mayor Hayman read the consent agenda. Councilman Jones made a motion to accept the consent agenda, second by Councilman Mitchum. The motion CARRIED 5-0. There was a ten minute recess to allow time for the engineers to set up their presentations. NEW BUSINESS A. Presentations bv consultinq enqineerinq firms 11 Barnes. Ferland and Associates. Inc./CH2M Hill Presentations were made by Ron Ferland and Pat Barnes of Barnes, Ferland and Associates, Inc., Ed Davis, CH2M Hill, also made a presentation before Council. ~ Bovle Enqineerinq Presentations were made by Wayne Mather, Bob Cadle, Bill Archdeacon, and vic Godlewski from Boyle Engineering. There was a brief recess at this time. 21 Hartman and Associates A presentation was made by Jerry Hartman, Hartman and Associates. !l Quentin L. Hampton Associates Inc. Presentations were made by Richard Fernandez, Mark Hampton and Brad Blaiz from Quentin L. Hampton Associates, Inc. B. Rankinq of consultinq enqineerinq firms City Manager McMahon explained to Council the process with the forms they received and suggested Council choose two firms. Mayor Hayman explained to Council they will chose one firm which will be the nominee for large projects and the other will be the nominee for small projects. Councilman Mitchum stated Hartman and Associates has done work for the firm he works for but he spoke to the City Attorney and there is no conflict of interest and his judgments are based on past experience with the City. Councilman Jones ranked Barnes, Ferland and Associates, Inc. as his choice for the large firm and Quentin L. Hampton and Associates for the small firm. Page -5- Council Regular Meeting August 1, 1994 ..... ...., Councilwoman Martin ranked Hartman and Associates as her choice for the large firm and Quentin L. Hampton for the small firm. Mayor Hayman ranked Hartman and Associates as his choice for the large firm and Quentin L. Hampton for the small firm. Councilman Hays ranked Barnes, Ferland and Associates, Inc. as his choice for the large firm and Quentin L. Hampton for the small firm. Councilman Mitchum ranked Hartman and Associates as his choice for the large firm and Quentin L. Hampton for the small firm. The final tally was two votes for Barnes, Ferland and Associates, Inc., as the large firm, zero for Boyle Engineering, three votes for Hartman and Associates as the large firm and five votes for Quentin L. Hampton as the small firm. Hartman & Associates was chosen as the large firm & Quentin L. Hampton & Associates was chosen as the small firm. C. Award of bid for southern service area 12" water main extension to McMahan Construction for $263.435 city Manager McMahon stated there is a misunderstanding regarding some figures on the extension because of recent comments that have been made publicly. city Manager McMahon asked utilities Director Terry Wadsworth about putting a storage tank in Whistle stop Park. Mr. Wadsworth clarified this. City Manager McMahon stated he received telephone confirmation and has heard from the County Engineer that the County will be participating in this project and paying for their fair share. City Manager McMahon recommended Council award the bid as a bid for the master meter to be put in south of Boston Whaler. City Manager stated impact fees are going to be used, not tax dollars. He stated the economic benefits to the residents are going to be as we connect other people south of us. They are going to have to pay the same impact fee as the City residents. Mr. Wadsworth confirmed this. Councilman Hays made a motion to approve as proposed with the additional provision for a master meter located south of Boston Whaler, second by Councilman Mitchum. Mayor Hayman stated in the staff report it notes that McMahan Construction had two omissions: a trench safety statement and certificate as to the corporate principle was submitted. He asked when we would be receiving a trench safety statement and certificate. city Manager McMahon stated all procedural and documentation will have to be in to the city before they actually proceed. Mayor Hayman commented on the city using the alternate iron pipe instead of PVC. Mr. Wadsworth commented on the reason for this. He explained there is a $5,000 difference between the two. The motion CARRIED 5-0. D. Penny Houstoun's request to waive $150 sewer connection fee due to not receivinq notification This item was heard earlier in the meeting under citizen Comments. Page -6- Council Regular Meeting August 1, 1994 .~ .."" E. Final pay request affiliated with Phase II of Capital Improvement proiect City Manager McMahon briefed Council on this request. City Engineer Fegley explained to council the background on this final pay request. Mayor Hayman questioned the eight claims that were denied by S & E Contractors. Mr. Fegley stated they will be addressed in the near future. As part of the contract documents, the contractor is required to provide various aspects of insurance. He stated these are liability claims which are private property claims of which the contractor and the claimant are required to resolve on their own accord. The mediation process was explained. Mayor Hayman was concerned about the eight people having due course to seek recovery for the damage they think they have incurred. He wants to make sure we have adequate recourse and provisions for the citizens of this community to seek redress for that agreement. There was a brief discussion regarding mediation. City Attorney storey gave her feelings on what would happen if this matter was not mediated. Councilman Hays made a motion to approve the final pay request, second by Councilman Jones. The motion CARRIED 5-0. F. Fire/Rescue Chief's request to purchase computer under state contract for $2.140 City Manager McMahon stated the next two items are included in the budget but they are also under state contract. Fire Chief William Vola explained the reason for this request. Councilman Hays made a motion to approve this request, second by Councilman Jones. Mayor Hayman asked if this will provide an interface in the information system coming on line. Fire Chief Vola stated this can be ,interfaced with CET, Inc. The motion CARRIED 5-0. G. Fire/Rescue Chief's request to purchase storm shutters for Water Plant for $2.200 plus Fire Chief Vola stated this item is also in the budget. Councilwoman Martin made a motion to approve this request, second by Councilman Hays. The motion CARRIED 5-0. H. Appointment of member to Beautification and Tree Committee due to expiration of term of Felicia Ver Way. who requests reappointment Councilman Mitchum made a motion to reappoint Felicia Ver Way, second by Councilwoman Martin. The motion CARRIED 5-0. I. Riverwalk safety concerns This item was discussed later on the agenda. City Manager McMahon explained what he would like to do to correct the Riverwalk concerns. Page -7- Council Regular Meeting August 1, 1994 ~ ~ city Manager McMahon would like Council to authorize us to continue negotiating with the property owners where the concerns are located and if in fact, after a reasonable period of time, they will not negotiate with us, that we use the eminent domain process. Parks and Recreation Director Jack Corder explained the areas of Riverwalk that are of concern. Councilman Hays made a motion to contact these people one more time and if this can not be resolved then we will proceed with the eminent domain process, second by Councilwoman Martin. Mayor Hayman expressed concern that if this should occur expeditiously, we may not have adequate funding available to pursue court action and subsequent settlement. City Manager McMahon recommended if we anticipate we are going to have to use that money during the budget year, then the appropriate way to deal with this is to put these funds in the budget and reserve it for that purpose. city Attorney storey spoke about the relining of the road and moving the road to the west and the walkway could be put in that direction. Doris Hill, 112 Lincoln Road, spoke on how the road extends on the west side. She stated Riverside Drive needs to be widened where SR 442 meets Riverside because you can not make a right- hand turn without going into the left-hand lane. Councilman Jones likes the concept of putting the culvert in and moving the road over. The motion CARRIED 5-0. ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS FIRST READING: A. Ord. 94-0-19 Amendinq Ord. 91-0-1 for purposes of Florida Shores Road Improvement Proqram city A~torney Storey explained the need for this ordinance. Mayor Hayman read Ord. 94-0-19. Councilman Mitchum made a motion to approve Ord. 94-0-19, second by Councilwoman Martin. The motion CARRIED 5-0. B. Res. 94-R-I0 Declaring candidates for primary election on September 8. 1994 Mayor Hayman read Res. 94-R-10. Councilman Hays made a motion to approve Res. 94-R-I0, second by Councilman Mitchum. The motion CARRIED 5-0. C. Res. 94-R-ll Kennedv Park Seawall renovation Parks and Recreation Director Jack Corder gave a presentation on the request to ask for funding from the Port Authority for the purpose of renovating the Kennedy Park Seawall. Mayor Hayman read Res. 94-R-ll. Councilman Mitchum made a motion to approve Res. 94-R-ll, second by Councilman Hays. The motion CARRIED 5-0. Page -8- Council Regular Meeting August 1, 1994 lllW ..., D. Res. 94-R-12 Authorizinq approval of Department of Transportation Beautification Grant Aqreement Mayor Hayman read Res. 94-R-12. Mr. Corder made a presentation explaining his request. Councilman Hays made a motion to approve Res. 94-R-12, second by Councilman Jones. The motion CARRIED 5-0. E. Res. 94-R-13 Approvinq statewide Mutual Aid Agreement for catastrophic disaster response and recovery Fire Chief Bill Vola made a brief presentation. Mayor Hayman read Res. 94-R-13. Councilman Mitchum made a motion to approve Res. 94-R-13, second by Councilwoman Martin. The motion CARRIED 5-0. SECOND READING: (PUBLIC HEARING) There were no items for second reading to be discussed at this time. UNFINISHED BUSINESS There was no unfinished business at this time. COUNCIL/OFFICERS REPORTS city Attorney city Attorney storey had nothing at this time. city Manaqer City Manager McMahon stated if anyone has any questions regarding the survey, they can contact him. CITY COUNCIL Councilwoman Martin Councilwoman Martin had nothing at this time. Councilman Hays Councilman Hays had nothing at this time. Councilman Mitchum Councilman Mitchum had nothing at this time. Mayor Hayman Mayor Hayman had nothing at this time. Councilman Jones Councilman Jones had nothing at this time. OUESTIONS FROM PRESS There were no questions from the press at this time. Page -9- Council Regular Meeting August 1, 1994 w ~ CITIZEN COMMENTS Edward Keenan, 1905 pine Tree Drive, feels Council should put a short paragraph in the newspaper describing the ordinances that are being passed rather than just numbers. Mr. Keenan commented in regards to the damages in Florida Shores. He suggested these people could go to small claims court. Mr. Keenan asked if the impact eligible account is all city money or is it money collected outside of the city. city Manager McMahon elaborated on his concerns. Mr. Keenan commented on the Riverside property. He suggested to tell them to put a sidewalk at the edge of their property. ADJOURNMENT There being no further business to discuss, councilwoman Martin made a motion to adjourn, second by Councilman Hays. The meeting adjourned at 11:30 p.m. Minutes submitted by: Lisa Kruckmeyer Page -10- council Regular Meeting August 1, 1994