Loading...
03-03-1997 - Regular . ' .........,; CITY COUNCIL OF EDGEWATER REGULAR MEETING MARCH 3, 1997 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 Arrived 7:08 p.m. Present Arrived 7:04 p.m. Present Present INVOCATION, PLEDGE OF ALLEGIANCE The invocation was delivered by Mayor Hayman. There was a pledge of allegiance to the Flag. Mayor Hayman informed the public the Golf Course proposal has been withdrawn by the applicant. PRESENTATION FROM GOVERNMENT FINANCE OFFICERS ASSOCIATION FOR EXCELLENCE IN FINANCIAL REPORTING Mayor Hayman recognized Karen Rickelman for her contribution toward the annual audit for the City. He presented Ms. Rickelman with a certificate. Mayor Hayman read the plaque presented to the City by the Government Finance Officers Association. He passed the plaque on to Mr. Munoz. Finance Director Fred Munoz further commented on the work of Ms. Rickelman and presented her with a gift. Mr. Munoz gave the plaque to City Clerk Susan Wadsworth to display. APPROVAL OF MINUTES: Regular Meeting of February 3, 1997 Councilman Hatfield made a motion to approve the February 3, 1997 minutes, second by Councilman Hays. The motion CARRIED 5-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (Other than public hearings) There were no citizen comments at this time. CITY COUNCIL REPORTS Councilman Mitchum had nothing at this time. Mayor Hayman had nothing at this time. Councilman Hatfield asked that Mike Bosse', Adam Knot, Cody Ernest, and Jim Ibach, local Boy Scouts, be recognized for the merit badge they are working on. Councilwoman Martin had nothing at this time. ~ ~ Councilman Hays expressed concern regarding the County proposal for a wastewater plant between Edgewater and Oak Hill. He explained the County's proposal. He feels the County is planning to compete with the city of Edgewater for services. They are planning to locate the plant in an orange grove that is not active and with the remaining land they intend to sell oranges to offset the cost to the taxpayers. Councilman Hays feels it is not a funny matter when County government decides to compete with municipalities for utilities service. All that is going to do is drive up the cost to the citizens of Edgewater. Councilman Hays feels the City needs to do what it can to stop this and that the County government should not get into the utility business. Councilman Hays asked for Council's support and urged them to contact their County Council representative and ask them to revisit this. Councilman Hatfield stated Oak Hill is also talking about this tonight and they are not happy about it either. He suggested getting with Oak Hill and see what the two cities can do together. We need to talk with them and see if we can get a joint agreement between Edgewater and Oak Hill. Mayor Hayman feels they need to negotiate with everyone from here to Brevard County on some sort of inter local agreement to provide them service for water, sewer and any other utilities that we determine is economically feasible and it should be done post haste. Councilman Hatfield made a motion to direct staff to negotiate with the cities to the south in our service area to establish interlocal agreements to provide utility service, second by Councilman Hays. Councilman Hays feels this is double taxation on the citizens of Edgewater. Whatever we need to do legally to stop that, we need to do. He asked to add that to the motion. This does not fall under the comprehensive plan and it should not be allowed. Councilman Hatfield questioned if this could be contested to st. Johns River Water Management. Councilman Hays stated DEP will have to permit it. Councilman Hatfield amended his motion to reflect Councilman Hays' comments. The motion CARRIED 5-0. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. Public hearing and consideration of Res. 97-R-02 re: appeal of Land Development and Regulatory Agency decision on variance for property at 115 N. Riverside Drive Mayor Hayman read Res. 97-R-02 and opened the public hearing. City Attorney storey asked if any councilmembers have had any conversations regarding this matter. Councilman Hays stated he had a conversation with a friend of the applicant, Mr. Sizemore. Mayor Hayman commented on a meeting he had with City Manager McMahon and Mr. Heeb. He also went over to see the property. Page -2- Council Regular Meeting March 3, 1997 ..... ...., community Development Director Mark Karet made a staff presentation. He explained the survey submitted by the applicant. Mr. Karet went over the criteria that have been set forth in the variance and explained and staff's review of each item. Only two criteria have been met. staff's recommendation to the LDRA was denial of the variance request. The LDRA voted 5-2 to deny this request and the decision of the LDRA is being appealed to Council. Councilman Hatfield asked for an explanation for what was being looked at in the steel structure. Mr. Karet informed him it was going to be a free standing steel carport. Ferdinand Heeb, 115 N. Riverside Drive, explained the proposed structure is a steel carport supported by galvanized steel columns. It is strictly a roof. Mr. Heeb presented a copy of the specifications for the metal shelter. Mr. Heeb commented on the history of his property. He referred to a sketch he made of his property and commented on the carport he is interested in having erected. Mr. Heeb read letters from his neighbors in support of his request. City Attorney storey asked Mr. Heeb to comment on the criteria required to obtain a variance which he did at this time. There were no questions from Council. John Moore, 2354 Fern Palm Drive, feels Mr. Heeb has done his homework and the slab is already there. He feels staff has presented an obstacle to a man trying to make his home a better place to live. He doesn't understand why it is taking so much time to allow Mr. Heeb to cover his car. His neighbors approve of it and he doesn't feel it would be an eyesore. Peter Moncure, 120 N. Riverside Drive, member of LDRA, commented on three matters that trouble him. He spoke in favor of Mr. Heeb's request. He commented on the purpose of the LDRA and feels Council should look at this. Councilman Mitchum explained this is the law and we must do this as a legal requirement. The only way to change that would be at a legislative level, not at this meeting. He will never circumvent the rules. Councilwoman Martin explained staff is following the rules set by the laws. Councilman Hays agreed with Councilman Mitchum and Councilwoman Martin and explained every applicant is entitled to due process. There are always going to be instances of exception to the law. Council is responsible for the ordinance. He asked that staff not be beaten up because they are doing the job Council instructs them to do. Mayor Hayman feels that staff is doing as it must and elaborated on the criteria that must be followed for this variance request. He went over the points made by Mr. Heeb and where they are up to this point. Mayor Hayman closed the public hearing. Councilman Hays elaborated on points made by Mr. Heeb and whether or not this is considered a unique situation, which he feels it is. Page -3- council Regular Meeting March 3, 1997 'w' ...., councilman Hatfield commented on this being a unique situation because of it being a temporary structure. councilman Hays made a motion to approve and grant the variance, second by Councilman Hatfield. Councilman Mitchum stated the criteria set down does not say we can grant it if the neighbors don't object. He further commented on the legal aspect of granting this variance. The motion CARRIED 3-2. Councilman Mitchum and Councilwoman Martin voted NO. There was a ten-minute recess at this time. Councilman Hatfield asked if Item 8D could be moved up on the agenda. Councilman Hatfield stated this is an every year event that is not going to go away and suggested possibly including it in the ordinance that pertains to this matter. It was the consensus of the Council to move up Item 8D. D. Request of Hi Tops Lounge to extend operating hours March 3rd through March 9th for Bike Week Councilman Hatfield moved for approval, second by Councilwoman Martin. Councilman Hays commented on there never being a problem with this in the past. He agreed with Councilman Hatfield as far as this being included in the ordinance. City Attorney storey informed Council this would also apply to any other establishment as well, which will be notified by the Police Department. Councilman Hatfield amended his motion to include all like establishments, not applying to package stores, etc. The motion CARRIED 5-0. 6B. Public hearing and consideration of Res. 97-R-03 re: appeal of Land Development and Regulatory Agency decision on variance for property at 1845 Needle Palm Drive Mayor HaYman declared a conflict of interest due to his son operating a business that has done business with the applicant for Res. 97-R-03 and 97-R-04. Mayor HaYman stated the same applicant has two sites. The presentation will address both sites because the same problem exists on both sites. Mayor HaYman read Res. 97-R-03 and opened the public hearing. There was no ex-parte communication. Mr. Karet made a staff presentation and called Council's attention to the survey. He went over each of the criteria as reviewed by staff and presented to the LDRA. The applicant has failed to meet criteria C and F of the code and therefore staff recommended denial of the variance to the LDRA. Page -4- Council Regular Meeting March 3, 1997 .... ..."" Councilman Hays questioned how this came about that the previous owner of this property could subdivide and sell. He asked City Attorney storey to comment on that briefly. She explained they could go after Surrey Ridge Inc. There has been a violation of the subdivision code and they could go on a Code enforcement basis. Unfortunately, when you are able to record property transactions and there are no checks and balances to make sure that property that changes hands fulfills the code requirements of any given municipality or the County, that is just not something the Clerk of Court performs. Mr. Karet explained any legal description that is devised by survey they will record it. Our only mechanism in this case is the process by which we denied the variance and the request for the building permit. Edward Wire, Project Manager, Holiday Builders, explained the reasons for this variance request. City Attorney Storey informed Mr. Wire he had to go through all the criteria and make those presentations. It is Mr. Wire's obligation to attempt to convince the Council the criteria have been met. Mr. Wire commented on Items C & F. Mike Visconti, 316 pine Breeze Drive, questioned people becoming victims of Perry Barrett and how he can continue getting away with it. Mayor Hayman stated you can be rest assured legal counsel and city Manager McMahon and staff will try to address that in a legal way that will satisfy his concerns in the community. Don Smith, 1828 Mango Tree Drive, commented on law requirements and roles. He doesn't feel it is fair to other people that do have 160 foot lots that had houses built on them five, six or seven years ago to modify something now. We do have a builder that is oblivious to the fact that he could build on a 120 foot lot. Mr. Karet explained because of the location immediately adjacent to the boulevard, the law requires 160 feet which equates to four lots, anywhere else less than four lots would be buildable. Mr. Smith asked if this variance would be applicable to the remaining lots on Indian River Boulevard. city Attorney Storey informed him it would only be applicable to this property. Councilman Mitchum commented on this being a bad situation. He informed Mr. Wire his alternative would be to go against the gentleman. It is not the role of the City to bail this situation out. He urged Council to proceed with caution. Councilman Hatfield agreed with Councilman Mitchum but he is afraid if they get into a problem such as this and we try to clarify that problem by giving Mr. Wire something, we have joined with the man who has, in his opinion, broken the law. By Council entering into that, we join him in breaking that law. Councilman Mitchum explained to Mr. Wire that this particular case is something council cannot get involved in but certainly the concept of what has happened needs to be looked into. City Manager McMahon recommended taking the facts to the State Attorney's office and file a complaint with them as well as the Department of Professional Regulation. Mayor Hayman closed the public hearing. Councilwoman Martin moved for denial of Res. 97-R-03, second by Councilman Hatfield. The motion CARRIED 4-0. Mayor Hayman abstained. Page -5- Council Regular Meeting March 3, 1997 '-' ....., 6C. Public hearing and consideration of Res. 97-R-04 re: appeal of Land Development and Regulatory Agency decision on variance for property at 1824 Orange Tree Drive There was no ex-parte communication. Mayor HaYman read Res. 97-R-04 and opened the public hearing. Mr. Karet made a staff presentation and explained this is the same situation as Res. 97-R-03. The LDRA decision is also the same. Mr. Wire had no presentation. There were no citizen comments. Mayor HaYman closed the public hearing. Councilman Hays moved for denial of Res. 97-R-04, second by Councilman Mitchum. The motion CARRIED 4-0. Mayor HaYman abstained. Councilman Hays informed Mr. Wire he hopes he will continue to do business in Edgewater. He hopes Mr. Wire will deal with Mr. Karet in the future and not get caught in this situation again. Councilman Mitchum agreed with Councilman Hays. D. Res. 97-R-05 Re: Economic Development Board Mayor HaYman read Res. 97-R-05. City Attorney storey made a presentation regarding the revisions to this resolution. She recommended Council adopt this resolution. Dick Jones, 1530 Sabal Palm Drive, Chair Pro-Tem, Economic Development Board, presented comments. Councilman Mitchum made a motion to approve Res. 97-R-05, second by Councilwoman Martin. The motion CARRIED 5-0. Councilman Hays thanked Mr. Jones and the EDB for the time they have spent on this. CONSENT AGENDA A. Request to declare two City vehicles and two pieces of City equipment as surplus to be disposed of through advertised public sealed bid process B. Amendment 2 to state Revolving Loan Fund Agreement for collection, effluent transmission and reuse facilities Councilman Hays made a motion to approve the consent agenda, second by Councilwoman Martin. The motion CARRIED 5-0. OTHER BUSINESS A. Presentation of City audit for fiscal year ending 9/30/96 John Vodnicker, Representative, Ernst & Young, made a presentation regarding the Comprehensive Annual Financial Report. He specifically commented on matters Council has to look forward to in 1997 that will impact the financials and the budget in the General Fund. Page -6- Council Regular Meeting March 3, 1997 .... ..."", Carolyn Paul, Representative, Ernst & Young, distributed information to Council and made a presentation. Mr. Vodnicker continued his presentation regarding the budget. City Manager McMahon commented on having a goal five years ago to achieve a 15% Reserve Fund balance. He commented on there at this time being a 22% Reserve Fund balance. Mayor HaYman thanked Mr. Vodnicker and Ms. Paul and staff for the fine work they have done. Councilman Hatfield agreed. Councilman Hays thanked staff. Councilman Hays made a motion to approve the Comprehensive Annual Financial Report, second by Councilman Hatfield. The motion CARRIED 5-0. B. Extension for two years of audit services contract with Ernst & Young or authorization to prepare a Request for Proposal for new auditors Mayor HaYman presented background information. Councilman Hays made a motion to continue services, second by Councilman Mitchum. The motion CARRIED 4-1. Mayor HaYman voted NO. He feels they should have gone out for bid. C. Presentation re: proposed golf course This item was withdrawn from the agenda by the applicant. D. Request of Hi Tops Lounge to extend operating hours March 3rd through March 9th for Bike Week This item was discussed earlier in the agenda. E. Appointments to Economic Development Board to fill one vacant and two additional seats City Attorney storey reminded Council one seat had been filled at the last meeting which left the seventh seat unfilled and by the adoption of the resolution now there are two additional members. Mr. Jones informed Council the Economic Development Board recommended appointing John Moore and Adelaide Carter. He asked to defer the final member until the next meeting. Councilman Hatfield recommended appointing Daniel Lewis. Councilman Hatfield made a motion to appoint John Moore, Adelaide Carter, and Daniel Lewis, second by Councilwoman Martin. City Attorney storey informed Council in the resolution approved by Council earlier regarding the EDB, it provides that applications for prespective members shall be submitted to the board and the board shall review the applications and make a written recommendation to Council. Councilman Hatfield pulled Daniel Lewis but was still making a recommendation. Councilman Hays commented on his application being in the file since 1995. Page -7- Council Regular Meeting March 3, 1997 ~ ~ councilman Hays stated he has no problem with a board reviewing applicants but the decision has to be made by Council. City Attorney storey explained the resolution does not require Council to accept the EDB recommendation. Councilman Hays feels Councilman Hatfield's recommendation is totally appropriate. He wants to make sure if the boards are going to review the applications and make recommendations that everyone gets a fair hearing. Councilman Hatfield withdrew his motion and asked to table it until the next meeting. Councilwoman Martin stated since Daniel Lewis' application has been around for a while, it behooves Council to appoint the three people on the board, Moore, Carter and Lewis. Any applications after that should be considered by the board. She stated that is a motion. Mr. Jones, 1530 Sabal Palm Drive, stated it is not necessary to have nine members right now. We have enough for a quorum. Of the applications he received, he feels the people will need to be contacted to find out if they are still interested. City Clerk Wadsworth stated as of January 1997 all of the applicants in the file were notified and those interested returned letters letting us know they were still interested. Councilwoman Martin feels Daniel Lewis is an old application and should be placed on the board tonight. Any new applications could be considered by the EDB. Councilman Hays commented on verbiage in the resolution. City Attorney Storey elaborated on Councilman Hays' comments. Councilman Hatfield made a motion to appoint John Moore, Adelaide Carter and Daniel Lewis to the Economic Development Board, second by Councilwoman Martin. The motion CARRIED 3-2. Councilman Hays and Councilman Mitchum voted NO. F. Appointments to Land Development and Regulatory Agency due to expiration of terms of Dominick Fazzone, Robert Garthwaite. and Judith Lichter, who request reappointment Mayor Hayman presented the background information. Councilman Hays commented on a letter received from Dominick Fazzone. He would like to hold off on filling that one particular position pending his discharge from the hospital. Mr. Fazzone has done a lot for this community for many years. He would like to leave this position vacant until next month when Mr. Fazzone comes back. Council agreed they should wait to speak to Mr. Fazzone. Councilwoman Martin made a motion to reappoint Robert Garthwaite and Judith Lichter, second by Councilman Hatfield. The motion CARRIED 5-0. G. Discussion re: insurance payments for employees injured on ~ City Manager McMahon made a staff presentation and feels Council should consider this for all employees. He commented on the police being exposed to life and death confrontations and the risk and danger in different departments. He spoke about there being various forms of stress and injury that can occur on a job. Page -8- Council Regular Meeting March 3, 1997 ~ ...", Mayor Hayman commented on Sergeant Larry Westfall being disabled while on duty and a change in the Florida Statutes that addressed injuries of this nature and it established guidelines with respect to insurance for individuals hurt in the line of duty. He asked city Attorney Storey to explain what the Florida Statute specifically does and why Mr. Westfall is not covered by that Statute or any other employee that has a similar situation. City Attorney Storey went over the Florida Statutes pertaining to Mayor Hayman's concerns. city Manager McMahon explained if Mr. Westfall had his injury occur after the date of the Statute, you would have no choice. Since his injury occurred in 1994, it becomes an option or prerogative of the Council to extend the benefit that normally would not have been extended to him. city Attorney Storey commented on a Florida Statute that is applicable to employees that suffer catastrophic injuries and that is defined elsewhere in the Statute. In Mr. Westfall's case, her reading of the Statute is that because he was determined to be disabled under social security he would fall within the definition of catastrophic injury so the issue is the time frame of the injury. Mayor Hayman further commented on an employee having a catastrophic injury. He feels they are obligated to look at those employees. He also feels that Mr. Westfall should be granted his request under the provisions of the Florida Statute. councilman Hays spoke about being disabled and that disability being acknowledged by the Social Security Administration, then you come under the Administration benefits program. Services are provided out of the federal tax laws that we all pay into. He asked if there are additional benefits being requested. City Attorney Storey further elaborated on being disabled and being acknowledged by the Social security Administration. Not everyone would have the benefit of Social Security disability determination but may have been deemed disabled. City Manager McMahon commented on situations where he feels the City would not be responsible to provide benefits to employees. He feels the city needs to put restrictions on any benefits paid. City Attorney Storey discussed Mr. Westfall never having dependent coverage in the past from the City and if benefits would be extended to his wife as well. She informed Council staff needs clear guidelines since they already have options from staff. Councilman Hays stated if we do this for Mr. Westfall, do we have an obligation to anybody else at any time in the past to also provide benefits. City Attorney Storey informed him the City does not have a legal obligation. Councilman Hays feels they would have a moral obligation. Councilman Mitchum asked how many situations exist that this would effect. City Manager McMahon and City Attorney Storey explained since they have been here they are aware of two other people. Mayor Hayman explained it is not an open invitation for everyone that has had some sort of accident or incident. They have to meet the strict medical tests and criteria outlined in the Statutes. City Attorney Storey read the description for catastrophic injury as defined in the Florida Statutes. Page -9- Council Regular Meeting March 3, 1997 ...,. ....., City Manager McMahon presented examples that would not be covered under the statutes. The statute as it stands pertains to Police and Fire. Councilman Mitchum expressed concern regarding this causing the City a financial hardship. City Manager McMahon explained his assessment of that and explained there are two other people that might qualify that were injured before the statute went into effect. Councilman Hays asked Mr. Westfall if he is requesting primary or secondary insurance. Mr. Westfall informed him primary and spoke about Medicare. Councilman Hays asked Mr. Westfall if he is currently receiving Medicare benefits. Mr. Westfall informed him no, he is not at this time. It won't be available to him until the latter part of the year. The only insurance coverage he has is state Workmen's Compensation which is related to his injury. Councilman Hays asked Mr. Westfall if he asking for this health benefit until he receives disability. He suggested Mr. Westfall relook at his request rather than for permanent insurance benefits but something to fill the gap until he receives his other benefits if in fact they will issue that if Council approves his request. Councilwoman Martin asked if social security ceases if there are other money benefits coming in. City Manager McMahon stated if Council were to consider providing this benefit, everyone receiving the benefit would have to sign a statement prepared by the City Attorney that says they will notify and understand, at that point in time, that a duplicity in coverage will occur as a result of any other insurance being paid and they will be dropped at that time. It is essential the City be kept informed. Mr. Westfall feels with his request, under state statute, that he be afforded health care by the City because he feels most of his injuries were after January 1, 1995. He discussed fractures and torn muscles that were discovered one year and eleven months after the original occurrence. He spoke about having infections in his fractures and torn muscles at this time. He is attempting to get the benefits under the statute and it plainly says in the booklet that his insurance has to pay first, Medicare pays second. At this particular time, he has no insurance. Mayor Hayman asked Mr. Westfall if he would have a problem signing a duplicity statement talked about by City Manager McMahon. Mr. Westfall stated he would have to discuss that with someone else to make that determination that would be in his best interest. City Manager McMahon explained if Council gives a benefit they certainly have a right to put reasonable conditions on that benefit. Mayor Hayman suggested this situation be addressed with Sergeant Westfall about dual coverage and duplicity. He encouraged Council to exercise their rights to protect the City. He asked that City Attorney Storey and City Manager McMahon meet with Mr. Westfall to see if we can't meet the letter of the laws that pertains to those individuals who sustain catastrophic injuries seven months after he did. When the agreement is worked out, he would like it brought back so it could be formalized. Councilman Hays is not sure if Council does this, if Medicare won't back off and never issue him that card. Page -10- Council Regular Meeting March 3, 1997 ....... ~ Councilman Mitchum supports this but he would like some inquiries to be made into what Council has talked about. city Manager McMahon asked Council to table this matter for now. In the seriousness of the questions being asked now he feels more thought needs to be given to this matter. Councilman Hays suggested Mr. Westfall call and be sure of the status of his application for Medicare disability from Social Security Administration. Mr. Westfall stated his primary would be the City's insurance, secondary would be Medicare. He is subject to be covered by Medicare July 1, 1997. Councilman Hays asked for a copy of his information. City Manager McMahon stated he has a friend who is a social security judge in Orlando and agreed to get the information from him. Mayor Hayman presented a summary of the matter at hand. Finance Director Fred Munoz stated last year when Mr. Westfall's insurance stopped with the City, he was mailed the Cobra forms to continue coverage. Councilman Mitchum made a motion to table this matter, second by Councilman Hatfield. City Manager McMahon agreed to attempt to expedite this and bring it back to Council before May 1st. Council asked that this be placed on the agenda for the first meeting in April. The motion CARRIED 5-0. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Donald Masso, 317 pine Breeze Drive, Chairman, LDRA, thanked Council for the way they handled the Mr. Fazzone situation. Paul Amell, 1603 willow Oak Drive, explained he was present because he thought the paving of the side streets was going to be discussed. Mayor Hayman informed him that at the Special Meeting they had, they agreed that the priority work and extra work that was not addressed or approved at that time, would be discussed at this time provided City Manager McMahon and City Engineer Fegley were able to get with Halifax Paving to discuss the concerns that surfaced regarding the changes in unit cost. City Manager McMahon agreed to bring that up under his reports. Mr. Amell explained his situation regarding his property. city Manager McMahon informed Mr. Amell any concerns or complaints regarding the paving job would need to be addressed before the contractor walks away from the job and final payment is made. OFFICER REPORTS City Attorney Storey informed Council of an addition to the agenda regarding a lawsuit in reference to a traffic accident. She informed Council of the details of the lawsuit. City Attorney Storey asked Council to approve the retaining of Dean, Ringers, Morgan and Lawton to handle this matter. City Manager McMahon spoke about frivolous type suits. Councilman Hatfield so moved, second by Councilman Hays. The motion CARRIED 5-0. Page -11- Council Regular Meeting March 3, 1997 '-' ...." City Manager McMahon commented on the paving first. He asked for Council's approval regarding the Change Orders pertaining to the paving of 14th, 16th, 22nd and 34th streets. City Engineer Fegley has asked about pricing. The contractor has suggested 1} his prices are as they are and 2)rather than use a concrete binder on Roberts Road that we use compacted bituminous asphalt which will allow a widening of the road but a binding of it that will allow us to have the same effect. He explained the cost will be $30,000 to $50,000 less. Mayor Hayman commented on establishing priority and number one being Change Order 5 & 6 which is Roberts Road and 30th street. He stated that is no longer an issue with the exception of the binding. He expressed concern with the guarantee for the concrete not being met for any significant lifetime. City Manager McMahon explained a bituminous asphalt will give you a better structural integrity. Mayor Hayman suggested a motion be made to accept the substitution. Councilman Mitchum made a motion to go ahead with the compacted bituminous asphalt, second by Councilman Hays. The motion CARRIED 5-0. Mayor Hayman commented on priority two which is Change Order 3 & 4 which is 22nd and 34th streets. The next being Change Order 1 & 2 which is 14th and 16th streets. Councilman Hatfield expressed concern with the equipment location and feels they may be able to work on more than one project at one time in different locations. He feels they should approve the project and let the Contractor set the order of priority. Councilman Mitchum commented on prioritizing at the special meeting due to having to move on 30th street. City Manager McMahon informed him it is because of the money as well. Councilman Hays mentioned having to move due to the school being closed. Councilman Hays made a motion to include 14th, 16th, 22nd and 34th streets in Change Orders 1, 2, 3, & 4 at the unit cost depicted in City Engineer Fegley's letter of February 12th, second by Councilman Mitchum. Mayor Hayman expressed concern with the difference in unit cost from the major project as opposed to a significant difference from what was found in the Change Orders. He commented about the 15% on the average net increase over the same type of work. The motion CARRIED 5-0. City Manager McMahon commented on moving ahead with microsurfacing. He is looking at three different streets. He asked for Council permission to proceed with that and informed them the money is in the budget. City Attorney storey explained the only way we can do this project without going out for bids is if we are piggy backing on another entity's contract. She didn't know as of this evening whether the City is piggy backing and that needs to be verified otherwise we would be violating purchasing regulations. City Manager McMahon stated we need a contract that is acceptable to the County that has a unit price and basically defines it as being available to us. Page -12- Council Regular Meeting March 3, 1997 'W' """'" City Manager McMahon asked if Council had any objections to that if the contract meets the requirements as approved by City Attorney storey after review. Mayor Hayman spoke in opposition of microsurfacing. He spoke to eight family households regarding the microsurfacing in wildwood. On the south side, whatever is on top of the concrete road is now peeling off. City Manager McMahon responded to Mayor Hayman's concerns. Mayor Hayman commented on the conditions of some of the streets in Florida Shores after they were paved. Microsurfacing is not paving and is not the standard in this City for a road. He has been told by engineer consultants that it is a waste of dollars and the City would be better off investing the money in 1" of asphalt. City Manager McMahon suggested Council look at areas where microsurfacing has been done. He agreed to provide Council with a list of the roads that have been microsurfaced and bring it back before them. Mayor Hayman stated his biggest concern is the relative merit of this product as a maintenance application. We are talking about maintenance in terms of preservation of the longevity of the surface. He doesn't have a problem with testing the microsurfacing. Councilman Hatfield asked if this is the same process that was done in wildwood or is the procedure different with this company. City Manager McMahon elaborated on Councilman Hatfield's concerns. He spoke about there being unique conditions such as wetlands and commented on drainage problems needing to be corrected before microsurfacing is done. City Manager McMahon again agreed to get a list of the areas that have been microsurfaced. A. Discussion of city Manager's report on organization plan City Manager McMahon made a presentation regarding his organization plan. City Manager McMahon recommended the creation of the position of Assistant City Manager and promoting Finance Director Fred Munoz to that position which includes a 5% increase. His salary would be increasing to $57,012.80. He commented on the pay range for this position. City Manager McMahon went over the duties to be done by Mr. Munoz as the Assistant city Manager. He commented on the excellent job done by Mr. Munoz. He asked for Council's support. Councilman Mitchum made a motion to approve City Manager McMahon's recommendation to appoint Fred Munoz as the Assistant City Manager with a 5% increase, second by Councilwoman Martin. Mayor Hayman presented comments regarding the promotion of Mr. Munoz. He commented on the salaries received by other members of his staff. He compared the salaries of Mr. Munoz and Ms. Rickelman as opposed to the salaries paid to the other employees in that department. Mayor Hayman doesn't have a problem with Mr. Munoz acting as City Manager but he does have a problem with giving Mr. Munoz a 5% raise on top of the raise he has already had for his performance. He commented on the change in duties and responsibilities and Mr. Munoz doing a lot of these on an as needed basis and being compensated for it. Page -13- Council Regular Meeting March 3, 1997 ,. . "w- .""" Mayor Hayman feels Council should be looking at the City Attorney or City Clerk during prolonged absences of the City Manager. Mayor Hayman commented on City Manager McMahon being out in the field. Mayor Hayman elaborated on personnel costs for City employees. He further commented on the pay for performance program. Mayor Hayman cannot support any additional salary increases. City Manager McMahon spoke about Mr. Munoz's credentials. He feels Mr. Munoz needs to be recognized for what he is. He feels the City employees need to be paid fairly. Councilman Hays asked city Manager McMahon when he originally found out about his plans to hold off on this and bring it before Council. He feels the wage and salary program needs to be looked at periodically. He has no problem with the position of Assistant City Manager but questioned how this is addressed in the Charter. City Attorney storey explained there is no mention in the Charter of an Assistant City Manager. Councilman Hays questioned if this needed to be addressed if this is going to be done correctly. Mayor Hayman explained the Charter can be amended by ordinance. City Manager McMahon stated Council has the option by the governing board power afforded by the Charter and by the state to make the following changes. You can make them in accordance with the Charter, in accordance with any ordinance passed, or you can make it by policy. He asked Council to accept his recommendation by administrative policy. The motion CARRIED 4-1. Mayor Hayman voted NO. Councilman Hays asked to readdress Res. 97-R-05 regarding the Economic Development Board. He referred to Page 2 section 2 paragraph 1. He would like the resolution to be changed to read the board may review the applications. Councilman Hays made a motion to use the word may review instead of shall review the applications, second by Councilman Mitchum. The motion CARRIED 5-0. City Attorney Storey presented her comments earlier. City Clerk Wadsworth had nothing at this time. ADJOURNMENT: There being no further business to discuss, Councilman Hatfield made a motion to adjourn. The meeting adjourned at 11:14 p.m. Minutes submitted by: Lisa Kruckmeyer Page -14- Council Regular Meeting March 3, 1997 i . MEM~NDUM OF VOTING CONFLIC1~R MUNICIPAL PUBLIC OFFICERS Name: Last, First Middle Name of Board, Council, Commission, Authority or Committee Hayman. Sr.. Jack H. City Council P. 0. Box 100 The Board, Council, Commission, Authority or Committee on which I serve is a Unit of: OTHER X CITY COUNTY LOCAL AGENCY Mailing Address: City County Name of Political Subdivision: Edgewater V olusia Edgewater Date on Which Vote Occurred: My Position is: March 3. 1997 X ELECTIVE APPOINTIVE DISCLOSURE OF CITY OFFICER'S INTEREST I, Jack H. Hayman. Sf. , hereby disclose that on March 3 19 97 (A) A measure came or will come before my agency which (check one) inured to my special private gain or loss: or inured to the special private gain or loss of whom I am retained; or , by X inured to the special private gain or loss of a relative or business associate. (B) The measure before my agency and the nature of my interest in the measure is as follows: Item 6B & 6C Public hearings and consideration of Resolutions 97-R-03 and 97-R-04 re: appeal of Land Development and Regulatory Agency decision on variances for properties at 1845 Needle Palm Drive (Item 6B - Resolution 97-R-03) and at 1824 Orange Tree Drive (Item 6C - Resolution 97-R-04) both properties owned by Holiday Builders, Inc.. My son has been employed in the past by Holiday Builders, Inc. and I anticipate that he will continue to do work for the company in the future. (Formslmayor-di) , ~~ It /7?; c?) ~. 1.))1(~.. 7 Date Fi ed