Loading...
11-15-1993 - Regular "" """ CITY COUNCIL OF EDGEWATER REGULAR MEETING NOVEMBER 15, 1993 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 Boldt, Edgewater Alliance Church. There was a pledge of allegiance to the Flag. Mayor Hayman informed the public of an addition to the consent agenda in regards to the AT&T maintenance agreement for the Fire Department. APPROVAL OF MINUTES: Reqular Meetinq of October 18, 1993 Councilwoman Martin made a motion to approve the October 18, 1993 minutes, seconded by Councilman Jones. The motion CARRIED 5-0. Special Meetinq of October 26, 1993 Councilman Mitchum made a motion to approve the October 26, 1993 minutes, seconded by Councilman Jones. The motion CARRIED 5-0. CITIZEN COMMENTS Malcolm Heffley, 325 Schooner Ave, spoke about the firing of the LDRA chairman. He questioned the appointment of Al Rossini to the LDRA. He read a prepared statement on the appointment of Al Rossini. Doris Hill, 112 Lincoln Road, spoke about paving of the unpaved streets. She spoke about the paving of Guava and about the people on Hibiscus having to pay 100% of the paving. She feels the city has been on a spending binge for three years. She also feels the City needs to secure grant money from the County. She would like the Council to look at the way the City is being managed. Harry Jones, 3035 Tamarind Drive, pointed out the City saving $200,000 a year by not scraping the streets. He asked why the money can't be turned into paving money. He asked where this money will be going. He stated 90 - 95% of the people in Edgewater want their streets paved. He is opposed to paying the 50% the City is requiring along with the rest of the taxes. Mr. Jones spoke about social security and the COLA he is receiving. He also asked if we can put up a toll gate at the end of the block if they are going to be stuck paying for the paving of these streets. .... ...." Ed Keenan, 1905 pine Tree Drive, spoke about the show of hands at the last meeting for the 50/50 or 1/3 for the paving costs. He hopes these streets will be rectified and rectified to last 15 years. He feels there should be a City-wide bond issue for paving all the streets. Gerry Grooms, 117 Virginia street, owns a business on Hibiscus Drive. He spoke about the cost for the construction of the sewer. He feels the City should provide some of the money they are saving on scraping the streets for paving the streets. Monte McMullen, 502 Halyard Circle, stated his street is being paid for as part of the bond issue. He further discussed the cost for paving of the streets. He also spoke about the same thing being printed in the newsletters. CONSENT AGENDA A. City Hall Copier Full Service Aqreement with Technicians Unlimited B. AT&T Maintenance Aqreement for Fire Department Mayor Hayman read the consent agenda. City Attorney Storey informed the Council about the AT&T Maintenance Agreement for the Fire Department. Councilwoman Martin made a motion to accept the consent agenda, seconded by Councilman Jones. The motion CARRIED 5-0. NEW BUSINESS A. Request of Mike's Music, 1401 S. Ridqewood, suite 5, to have reopeninq of new store on December 4 and 5, 1993, noon till 7 PM Michael Stull, owner of Mike's Music, made a brief presentation. Councilman Hays made a motion to approve this request, seconded by Councilman Jones. The motion CARRIED 5-0. B. Request of Bill Denmark to have boat display at Edqewater Commons on November 19-21, 1993 Bill Denmark made a presentation at this time. There was discussion on the waiving of the $150 per day fee. Mayor Hayman informed Mr. Denmark we need to have a copy of his insurance on file before this event. city Manager McMahon recommending Council strongly consider this. He stated if the fee is waived, he suggested looking at revising the ordinance because others will be requesting the same thing. Councilman Jones asked what the intent is of the $150 per day fee. City Clerk Susan Wadsworth informed councilman Jones the reasons for this fee. community Development Director Mark Karet elaborated on this matter. There was a lengthy discussion about the $150 per day fee. Councilman Hays made a motion to move for denial of waiving this fee, seconded by Councilman Mitchum. Councilman Jones feels the amount of the fee needs to be looked at. He feels this is an excessive amount. Page -2- Council Regular Meeting November 15, 1993 ..., 'WI Councilwoman Martin feels we need to change this. Mayor Hayman agreed with Councilman Jones. He also feels this is an excessive amount. Councilman Mitchum does not disagree with Council's comments on this matter but he does feel this should be paid due to this not being a non-profit event. Councilman Hays asked if Council wants to waive the fee. Councilman Jones feels this needs to be looked at in the future. The motion CARRIED 4-1. Mayor Hayman voted NO. There was discussion about changing the ordinance. City Attorney storey informed Council they need to make a motion in reference to allowing Mr. Denmark to have this event. Councilman Mitchum asked how many days this event is going to be for. He was informed this would be one and a half days. There was discussion about whether or not they needed to vote again because in the original motion they denied the waiving of the fee. Councilman Mitchum made a motion to approve this event at a rate of $150 per day with a temporary permit being issued, seconded by Councilman Hays. The motion CARRIED 5-0. C. Chanqe Order No.2 for $28,098.15 for Florida Shores Phase II Infrastructure Improvements Project (S & E Contractors, Inc.) city Engineer Kyle Fegley briefed Council on the seven requirements for the change order. There was discussion in reference to some of the items in the change order. city Manager McMahon stated this money would not be paid until the work is done to contract satisfaction. There was discussion on the payment of the money for Change Order No.2. Councilman Mitchum stated he has no intentions of taking the city's money and paying these people for shoddy work. He stated he is not going to take Ron Ferland's advice and go back on the bonds. He wants the work to be done right before this money is paid. Mayor Hayman explained they are trying to comprehend why they are after the fact on items 1 - 7 of the change order. Councilman Jones expressed his feelings on the change order. Mr. Fegley informed Council of his recommendation. Councilman Jones made a motion to approve Change Order No.2, seconded by Councilman Hays. The motion CARRIED 5-0. D. Confirm appointment of Ruth O'Rourke to Board of Trustees for Police Retirement Plan Councilman Hays made a motion to approve the confirmation of the appointment of Ruth O'Rourke, seconded by Councilwoman Martin. The motion CARRIED 5-0. Page -3- Council Regular Meeting November 15, 1993 w ..., ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS FIRST READING: A. Ord. 93-0-18 Addinq Second Council/Officers Reports section to Order of Business for City Council Meetinqs City Attorney Storey explained her comments and recommendation to put this is in resolution form. She stated opposed to amending this particular section through an ordinance change, the alternative would be to repeal this section of the code and establish this by resolution and go forward in that manner. Councilman Hays made a motion to proceed with this as a resolution, seconded by Councilman Jones. City Attorney Storey informed him she would have to bring it back as an ordinance and then go forward with the resolution. The motion CARRIED 5-0. SECOND READING: (PUBLIC HEARING) There were no items for second reading at this time. UNFINISHED BUSINESS Councilman Hays clarified his reasons for wanting to add a second Council/Officers Reports to the meeting. There was a ten minute recess at this time. A. Recommendation to reiect bids on proposed evidence buildinq/public records storaqe and direct staff to revise specifications and/or plans to reduce costs Police Chief Lawrence Schumaker made a presentation at this time. Chief Schumaker feels this project is valid enough to take $8,000 from the Police Trust Fund and fund the other $8,000 over a period of five years from the self insurance fund. Mayor Hayman spoke about the meeting to discuss this building. He feels the design architect in charge should have been at this meeting with Mr. Martin. He feels it is a good idea to reject these bids and he presented his reasons why he feels this way. Mr. Karet spoke about the meeting staff had with Mr. Martin. Councilwoman Martin asked if they were given a copy of the design. Mr. Karet stated they were given copies of the floor plans but not the construction plans. City Manager McMahon asked Council whether they conceptually agree that this should be pursued this way. If it is the desire of the Council to see plans, he encouraged them to do so. Councilman Jones spoke about downsizing the evidence building. He stated this was originally for evidence and now offices are being added. He feels this needs to be re-evaluated and looked at for evidence only. Councilman Hays spoke about the original project that was supposed to be done. City Manager McMahon informed Council of options that could be done. Page -4- Council Regular Meeting November 15, 1993 '-" ~ Councilman Mitchum spoke about the Council's discussion in May about this project costing $150,000. He stated we cannot keep putting this off. He spoke about financing. Councilman Hays stated let's do it or forget it. Mayor Hayman stated he did not think they could get what they requested for the amount. He stated he is not prepared to vote for this building because they need to do something. He wants to do what is correct. He explained his frustrations are that they should have had a complete set of drawings initially that met and spelled out their needs and that was within the target of the budget they outlined. Councilwoman Martin feels this has been blown out of proportion. There was discussion about an impact fee being charged by the County for this building. Councilman Mitchum is opposed to this impact fee. He stated build the building and take them to court. There was further discussion about this impact fee. Mr. Karet spoke about changes to the proposed building since the original design. He spoke about the lack of office space. Joe Martin spoke about the structural design. Mr. Karet explained the Council could accept the low bid and pursue the financing issue or reject the low bid and the project would be dead or staff could come back with a design that will take care of storage. Chief Schumaker informed Council to put on a second story the cost would be approximately 1/3 more than the total building. Councilwoman Martin made a motion to go with the original design with one only story including funding for professional services, seconded by Mayor Hayman. Councilman Mitchum spoke about the cost and funding. He is opposed to this building. Mayor Hayman supports the opinion that we need to get the design professionals on board and go back to what was wanted initially. There was discussion about the square footage cost of the building. Mr. Karet stated there is one other option. He informed Council the bids received are good for approximately 45 days. If they feel like staff has not done a good enough job increasing their comfort level with the recommendation, they could bring this back at a later meeting with the design professionals and take the time to explain the construction plans. The motion DIED 1-4. Councilman Hays, Councilman Mitchum, Mayor Hayman and Councilman Jones voted NO. Councilman Hays made a motion to accept the low bid and discuss financing, seconded by Councilman Mitchum. Mayor Hayman suggested Mr. Martin go to the median price and the median bid and tell Council what the price is per square foot. Mr. Karet gave these figures. The motion DIED 2-3. Councilman Jones, Mayor Hayman and Councilwoman Martin voted NO. Page -5- Council Regular Meeting November 15, 1993 ....., ....., There was discussion as to whether or not the low bidder would still be in the running if the bid was rejected. Councilman Jones made a motion to go back and look at the figures and get with architects and not reject the bid, seconded by Mayor Hayman. The motion CARRIED 5-0. COUNCIL/OFFICERS REPORTS City Attorney City Attorney storey had nothing at this time. city Manaqer City Manager McMahon spoke about the request for proposals that were mailed out and he informed Council that the bond underwriters can not be the same as your financial advisor. He stated he asked the City Attorney to look at bond counsel. City Manager McMahon then spoke about road paving. He informed Council staff is pursuing this. He then spoke about permits that are required. City Manager McMahon stated our audited fund balance is very close to what was projected during budget time. City Manager McMahon then spoke about the rates for cable. He informed Council we will have to challenge the rates on the principle of two things. He spoke about the possibility of a rebate. City Manager McMahon informed Council he is having some minor surgery and Fred Munoz will be in charge while he is gone. CITY COUNCIL Councilman Havs Councilman Hays spoke about a memo dated November 2, 1993 to the County Council from Tom Kelly regarding Chairman Asher's Beach Proposal. Councilman Hays then spoke about enclaves. He stated at the last meeting in Tallahassee, enclaves were discussed. He stated Representative Dudley is trying to take away the authority given to municipalities to annex enclaves. Councilman Hays asked for a report at the next Council meeting regarding the installation of sewers on Glenwood Drive. Councilman Hays thanked staff for their help with the problems on the 2500 block of Woodland Drive. City Manager McMahon stated the continuing problems with construction are a result of our City Engineer and utilities Director rejecting these lift stations. City Manager McMahon spoke about saving $200,000 when the roads are paved. He stated there are several ways to use this money but it is not available until the roads are paved. Councilman Mitchum Councilman Mitchum had nothing at this time. Page -6- Council Regular Meeting November 15, 1993 .....,. ...., Mayor Hayman Mayor Hayman spoke about the Bouchelle property and the New Smyrna Beach Wetlands. He stated the city of New Smyrna Beach has asked for our support to obtain a grant from the Port Authority but were denied. He stated this matter is going to be addressed by the County Council on their agenda on Thursday. Councilman Jones stated he would be at that meeting on Thursday and he would address this matter to them. Councilman Mitchum made a motion to endorse New Smyrna's endeavor, seconded by Councilman Hays. The motion CARRIED 5-0. Mayor Hayman stated there are 125 locations outside of the CIP in the Florida Shores region that need to be addressed. He asked if a time and place have been decided. He asked a report be given at the next meeting. Councilman Jones Councilman Jones spoke about a bill being presented giving the County the option to present a 2% gas tax in order to go back on the voter referendum. He spoke about maybe using that 2% sales tax to help with paving streets. There was more discussion on the 2% sales tax. Councilwoman Martin Councilwoman Martin had nothing at this time. QUESTIONS FROM PRESS There were no questions from the press at this time. CITIZEN COMMENTS George Ewing, 2923 Royal Palm Drive, spoke about the contractors working on the roads and the specifications for paving. Mr. Ewing stated he's not so sure the contractor is at fault. He stated maybe it is DRMP, and possibly DRMP should pay for part of these costs if 1" is not sufficient for our roads. Mayor Hayman elaborated on Mr. Ewing's concerns. Mr. Ewing spoke about the items on the change order being noted by DRMP when the contract was met. He told the Council not to be so sure about the contractor. He said to look into DRMP and the specifications also. Mr. Ewing feels the citizens should be able to talk while a certain subject is being discussed. Mayor Hayman stated the Code of Ordinances describes the procedure the Council uses and they abide by Roberts Rules. There was further discussion on this matter. Doris Hill, 112 Lincoln Road, spoke about paving. She spoke on the difference between people who buy lots or homes in subdivisions and people who buy in the City and how the paying of the paving is handled. Page -7- Council Regular Meeting November 15, 1993 '-' -."", Mrs. Hill doesn't think it is fair the way this is being handled. She thinks the City has to find another way. She stated they are getting a petition together. She does not feel it is legal for the City to make the citizens pay 100% for the paying. Jerry Polker, willow Oak Drive, stated there are three inches of asphalt on his road from 19th - 21st street. He stated the street needs to be redone because it is cracking and splitting. He then spoke about the speeding on willow Oak Drive and throughout Florida Shores. Mary Martin, owner of property on 12th Street, spoke about the status on the regional library. City Manager McMahon elaborated on Mrs. Martin's concerns. Patrick Collier commented on the cost for paving and drainage for the streets. He asked for more of a breakdown when speaking about certain subjects. ADJOURNMENT There being no further business to discuss, Councilman Jones made a motion to adjourn, seconded by Councilwoman Martin. The meeting adjourned at 10:40 p.m. Minutes submitted by: Lisa Kruckmeyer Page -8- Council Regular Meeting November 15, 1993