Loading...
11-01-1993 - Regular '-' ..... CITY COUNCIL OF EDGEWATER REGULAR MEETING NOVEMBER 1, 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 Dr. William Sharp, Christian Life Center, delivered the invocation. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Special Meetinq of October 13, 1993 Councilman Jones made a motion to approve the October 13, 1993 minutes, seconded by Councilman Hays. The motion CARRIED 5-0. CITIZEN COMMENTS Gail Wells, 2503 Woodland Drive, asked about the fences being placed around the lift stations being mandatory. city Engineer Kyle Fegley stated DER required a barrier or some type of device to protect the equipment. It was determined the city can make the final decision on how to protect their equipment. Councilman Jones asked how much more of an expense the City is looking at to make the necessary changes. Mr. Fegley informed Councilman Jones he hadn't pursued that. City Manager McMahon asked Council to authorize staff to proceed with this as long as the cost does not exceed 10% of what was originally budgeted. He also suggested to Council if they were to authorize us to proceed, if the cost looks like it is going to be unacceptable, he would make an effort to contact each Councilmember and ask them to have a meeting. Councilman Hays made a motion for the City Manager and staff to determine costs and report back to Council if the costs appear to be in excess or prohibited, seconded by Councilman Mitchum. The motion CARRIED 5-0. Mr. Fegley asked Council is this only for the existing lift stations and questioned the ones that have not been done yet. Mayor Hayman does not want fences around any of the lift stations. 'w' ...", Councilman Hays stated if there are no complaints leave them as is, but if this becomes a problem then do something about it. Mrs. Wells thanked Council. Ray Vath, 2703 Kumquat Drive, commented on the paving of Juniper Drive. He stated up until the CIP Juniper was one of the better paved streets in the City. He stated now there are ten pot holes. He stated the City should get the contractor to repave the street because fixing pot holes just leads to them getting bigger. Mayor Hayman informed Mr. Vath this would be coming up under New business Item 5C. Donna Smith, 123 Thomas Street, spoke about the Thomas Street access to the river. She read a letter from her neighbors on Thomas Street. City Manager McMahon stated this has already been abandoned for access to the Riverwalk. Ms. smith asked why the bench on Thomas Street was taken away. City Manager McMahon informed her there was an issue with the property owner in regards to the bench and we are still working to resolve this. City Attorney Storey elaborated on this. She informed Ms. Smith all of the papers have been signed and the bench will be put back within the next few days. Pete Hellsten, 1717 B S. Riverside Drive, stated he was disappointed by the action of Council with the way they treated items he was involved with. Mr. Hellsten explained his reasons for saying what he said. He feels it was taken out of content. He commented on the ethics workshop he attended. He feels he was not given a chance to defend himself. He doesn't feel there is a case. He is extremely disappointed on the way this matter was handled. Mr. Hellsten thanked the LDRA and everyone that spoke in his defense. CONSENT AGENDA Mayor Hayman read the consent agenda. A. Extension of Employee Assistance Proqram with ACT Corporation from 10/1/93 to 9/30/94 Mayor Hayman asked about the periodic reports regarding assistance rendered to the city for the services of $11.50 per employee. He doesn't recall ever seeing a report. City Manager McMahon informed him they have been remiss in providing these reports but the ACT corporation has assured they will take care of this. Mayor Hayman asked this be placed under New Business. city Manager McMahon stated this has been used heavily by our employees and they have the right to cancel this contract within 30 days. Mayor Hayman asked what the utilization rate of this is at $11.50 per employee. He questioned if there is any redundancy in benefits with the new medical package that we have. Councilman Hays suggested a presentation from a representative of ACT at the next meeting. Page -2- Council Regular Meeting November 1, 1993 .., ..., Councilman Jones made a motion to table this until the next meeting, seconded by Councilman Hays. The motion CARRIED 5-0. NEW BUSINESS A. Road pavinq proiect Presentation and Authorization to Initiate the proiect City Manager McMahon gave a presentation. He explained this is one of his most difficult challenges because this comes on top of assessments making infrastructure improvements in the City. He stated this problem goes back to the history of the City. He stated the citizens who benefit from this are the people who are asked to pay for it. City Manager McMahon stated they have gone over a number of ways to pay for this. He explained these ways. He stated if this project is completed, the property values in the city will increase 10% - 15%. He stated if we do this program, when it is completed we can eliminate approximately $280,000 for maintenance from the Public Works budget. City Manager McMahon explained they have looked at the most painless way of dealing with this and the method they came up with is the longevity spread over 10 or 15 years. city Manager McMahon explained the benefits in doing this program at this time are; by completing the paving program at one time we will significantly effect the resale value of all property, the economy scale will reduce the paving costs; the current bond market for municipal bonds is excellent and this will have a further positive effect on funding; the entire concern for dust and health problems will be overcome; and, the City maintenance of the unpaved streets will decrease immediately preceding the paving program. City Manager McMahon stated any money the City paid came out of the general revenue money. He stated there are subdivisions in the City that have already paid for paving which was paid for when they bought their property. He then spoke about some of the streets in Edgewater being resurfaced. City Manager McMahon explained the project he is proposing would envision a 100% assessment to be shared on a 50% cost basis by each property owner abutting the street. He stated the entire cost of this would be financed and it is estimated to be $10,000,000 for the Florida Shores area only. city Manager McMahon explained a payment of $215 on an annual basis would be required to repay the bond issue over 15 years. If this is paid over 10 years, the payment would be $297. City Manager McMahon explained also proposed in this are the east-west streets to provide a reasonable circulation pattern in the Shores. He spoke about the east-west streets having retention areas and he explained no one will lose their driveway access. He spoke about beautifying these retention areas. City Manager McMahon spoke about the rejection of the 41% tax increase with paving included in the original budget. Community Development Director Mark Karet spoke about three handouts made available. First is a basic summary from the City Manager, second is a schedule of the major events in the approval phase to the capital improvement program and third is a list of the streets which are proposed for paving. Mr. Karet asked Council for authorization. He went on to explain a step-by-step overview of the project. Page -3- Council Regular Meeting November 1, 1993 '-' ..., City Manager McMahon informed Council and the citizens it is part of his proposal to go out for RFP so this can be federally done. Mr. Karet informed Council the time of the construction phase would be 30 months. Councilman Hays questioned why it would take 30 months. Mr. McMahon informed Councilman Hays stormwater drainage is also included in this project. Councilman Hays mentioned this was a portion of what was originally proposed in the ClP and it was withdrawn for reasons. He doesn't understand why paving the roads is take as long as the whole ClP project is. City Manager explained Councilman Hays' concerns on the time frame. explained this would be a 15 to 20 year road as well as stormwater being included. financial going to McMahon He City Engineer Kyle Fegley explained his estimates of the time frame for construction. He stated it would take approximately 3 1/2 weeks to do a mile including the stormwater drainage. City Manager McMahon stated we should be able to do put this to contract and begin construction around March. Councilman Hays asked about the type of roads that would be put in Florida Shores. Mr. Fegley stated he is trying to match the life of the amortization with the usefulness of the road. Councilman Hays asked if the $280,000 we are using per year for road grading is going to be a reduced budget item once the roads are paved. Public Works Director Hugh Williams informed Councilman Hays we should be able to knock off about $200,000 for road grading. Councilman Hays asked about the bike paths, swales and parks. He does not feel this should be a part of the paving assessment. He was informed this would be funded for Parks and Recreation and Streets. City Manager McMahon suggested having a workshop with the Council to discuss the business aspect of this that has to do with the east-west streets in detail. Councilman Mitchum asked if there would be a problem with the reactivation of stormwater permits. Mr. Karet informed him they don't anticipate that being a problem but they do feel it is necessary to go back and inform the st. Johns River Water Management Commission of the alterations. Mayor Hayman stated he will not support creating a bunch of ponds on every east-west street for children to drown in. Mayor Hayman also spoke on the Water Supply Cooperative and how they can help us. Mayor Hayman also spoke about the specifications and engineering and design. He stated we have to have no less than a 15-year road out there. He feels this needs to be done right the first time. Councilman Jones asked about the original design done by DRMP. He asked how much the city is going to have to spend to revise the plans done by them. Mr. Karet informed him we would not have to scrap the original design. He stated the expected basic changes are going to cost approximately $200,000 but this should be significantly reduced through negotiations with DRMP. Page -4- Council Regular Meeting November 1, 1993 '-" ..""" Mr. Karet explained there is not enough room on the rights-of-way to hold stormwater runoff. He explained the options that were looked at. Ron Ferland, DRMP, spoke about the stormwater retention areas. He explained the reasons for the 30 month construction schedule. Councilman Jones spoke about ponds on the back of Silver Palm Drive that are grown up and the ponds being empty. He questioned them being used as part of the scheme for water retention. Mr. Karet informed him this property is owned by the County. Councilman Mitchum commented back when this all started there was a lot of effort taken to minimize the impact on the access to driveways. Finance Director Fred Munoz explained how the cost estimate of $10,000,000 was figured. He presented the street paving and drainage costs over 15 years. He stated if this amount was paid up front, the approximate amount would be $1,860.00. City Manager McMahon spoke about the appreciation of property values with paving. City Manager McMahon stated he is asking for approval of the overall paving project. Councilman Hays asked if this could be done in a shorter time frame. He feels we should get this done as quickly as possible as long as it is done right. Councilman Jones feels we need to get on with the program. city Manager McMahon feels the cost is reasonably safe to work with. Councilman Jones expressed concern about our community being able to afford this assessment on top of the sewer assessment. Councilman Mitchum feels the price is right now because he sees it getting worse before it gets better. There was discussion on the community being able to afford this. Councilman Jones would like to see this brought to the people to see what they want. If there is support, it will go. City Attorney Storey informed Council they need to direct staff to take the necessary steps to proceed forward and initiate the necessary steps to bring the resolution back. Councilman Mitchum made a motion to authorize staff to progress forward taking the necessary steps, seconded by Councilman Hays. The motion CARRIED 5-0. There was a five minutes recess at this time. B. Proposed Beach Improvements Proqram bv Bud Asher, Chairman, Volusia County Beach Trust Commission Bob McIntosh, Edgewater representative, briefed Council on the budget for the Volusia County Beach Trust Commission. Bud Asher, Chairman, explained the proposed Beach Improvements Program and the proposed budget. Page -5- Council Regular Meeting November 1, 1993 ~ ..",. Mr. Asher would like the County and cities do what they can to find ways to mill these beach rangers into other employment so they don't go unemployed. Mayor Hayman asked Mr. Asher to explain the local businesses creating a special taxing district. He asked what that concept would do and how much money that would generate for capital projects. Mr. Asher elaborated on this matter. Councilman Jones feels this proposal is the way to go. He feels this should be endorsed. Councilman Mitchum agreed. He feels this proposal should become accountable. Councilman Hays stated he appreciated Mr. Asher's presentation. He doesn't feel we got what we voted for when we voted for a beach commission. He feels maybe this needs to go back to the voters to see if we even need a beach trust commission anymore. He feels individual cities did a better job running the beaches. Mr. Asher stated the Beach Trust Commission is not going to take an official recommendation action until the various City Councils make their decisions on what their feelings are on the plan and on November 11, 1993 the feelings will be conveyed to the County Council by resolution. Mayor Hayman told Mr. McIntosh and Mr. Asher they have Council's total endorsement of the proposal. Councilman Hays thanked them for coming. C. Defective Road Pavinq/Capital Improvements Proqram City Manager McMahon stated there are roads in the CIP that do not meet the standards of the City. He spoke about getting this taken care of now instead of having to correct it later. city Engineer Kyle Fegley gave a presentation on the defective road paving in Florida Shores. He proposed to add an additional 1" asphalt to the proposed 1" which is required by the contract documents. He feels this is the most economical feasible thing to do. Mr. Fegley mentioned the current paving contractor is not as generous as the previous paving contractor was. They are meeting the bare minimum requirements. Councilman Mitchum asked what the minimum requirements are. Mr. Fegley informed him the minimum requirements of the asphalt itself is an average 1" thickness. He commented on the paving job that has been done near his house. He stated there are enough unlevel areas on his street to solve the stormwater runoff problem. There was further discussion about the unlevel streets in Florida Shores. City Manager McMahon recommended to minimize the cost, the Council should borrow from the insurance fund and pay it back through the general fund debt service over a period of five years. Councilman Mitchum feels we need to get everything we have got coming to us to go underneath that before we spend our money to go over it. Councilman Hays agreed. City Manager McMahon stated they will not be paid for completion until they meet the specifications. Page -6- Council Regular Meeting November 1, 1993 W' ..., Mayor Hayman stated we have two inspectors on site that are supposed to be monitoring the progress of work. He stated they either don't know what they are doing or they are not there doing it. He asked what authority the inspectors have on the streets. Mr. Fegley elaborated on Mayor Hayman's concerns. There was discussion on who has the authority to stop the contractors and tell them when something is being done wrong and advise them to fix it. Councilman Hays suggested inviting S & E Contractors to speak to the Council. Mayor Hayman stated he would no longer sign any payment requests and Mr. Fegley is to no longer sign any authorizations for payment until they are satisfied with the job. City Attorney storey stated they need to be careful that their concerns about the defective paving and the payments being made match. Councilman Mitchum asked if Phase II and Phase III have been accepted and paid for. Mr. Fegley informed him a percentage has been paid for. Council discussed some paving problems in the Florida Shores area and payments being made. Councilwoman Martin stated Council would appreciate a list of the problem areas in Florida Shores. Councilman Jones feels the inspectors should be finding these problems before the citizens report them. He stated he would like the inspectors to come to a meeting. Mayor Hayman asked where the money is going to come from. City Manager McMahon informed him the money comes from the SRF loan or from borrowed money from another City fund. He stated the logical thing to do is spread debt service and pay back to the insurance fund over a period of time. City Manager McMahon gave the costs for each phase. Councilman Mitchum is opposed to taking care of this matter tonight because he wants to know what the final is. He stated we need to look at Phase II and Phase III and make sure they are completed before payment is made. Mr. Fegley informed Council Phase II is 99% completed. Councilman Hays also was opposed to taking care of this matter tonight. Councilwoman Martin suggested having a workshop with the contractors. Mayor Hayman stated there are three things they need: test results in the phases being tested, the status of funding, and a detailed description of shortcomings and the required work by phase. Councilman Mitchum spoke about having a problem with paying half a million dollars to correct the roads after telling the people they were going to get a brand new road which would be included in the CIP. Page -7- Council Regular Meeting November 1, 1993 ......, ,., Councilwoman Martin asked if a meeting has been held with the contractors. She has not seen any report on this meeting if there has been one. Mr. Fegley informed her it is a matter of them either rectifying the problem or us not accepting it. Councilman Mitchum asked who has the stop work authority. Mr. Fegley stated he does, Mr. McMahon does, and Mr. Wadsworth does. Mr. Ferland explained how the 1" of asphalt pavement was decided on. He stated the request for additional asphalt is not to cover the problems of the contractor. He stated there are two alternatives to correct the problem: withhold payment for asphalt portion or increase the retainer. He explained that the reason for having a one year warranty bond is to correct any problems that come up after the contractor is gone. Mr. Ferland informed the Council he would get with Mr. Fegley, staff, the inspectors and the contractor and paving contractor to resolve the issue and Mr. Fegley would come back with a report to give Council a positive feeling these problems will be taken care of. Mayor Hayman informed Mr. Fegley the Council wants a detailed description, test results and feedback of the SRF loan possibility. Councilman Hays asked when we changed to eight inches of shell to the other mixture, how do we know we got the quality we should have had. He doesn't think we did and that is part of the problem. Councilman Hays was concerned if we are approaching this the right way by increasing the thickness of the roads. Ray Vath, 2703 Kumquat Drive, asked the Council to drive down Juniper Drive to see the holes in the road. George Ewing, Royal Palm Drive, stated he is in Phase III and Royal Palm has not been paved yet. He presented the Council with a sample of the paving before the CIP program began. He questioned if the road that would be laid would be the same as the road they had before. city Manager McMahon elaborated on Mr. Ewing's concerns. D. Final Chanqe Order No.5 for decrease of $53,918.90 in Chapman Construction contract amount for CIP Phase I Councilman Mitchum made a motion to approve Change Order No.5, seconded by Councilman Jones. The motion CARRIED 5-0. E. Change Order No. 2 for Roberts Rd. Bike Trail proiect, decreasing price by $1,500 City Manager McMahon informed Council they withheld $17,000 until the contractor did the job the right way. Councilman Hays made a motion to approve Change Order No.2, seconded by Councilman Mitchum. The motion CARRIED 5-0. F. Discussion re: Amendment to Aqenda Format Councilman Hays made a motion to bring up Council Comments as Item 4 and also after citizen comments at the end, seconded by Councilman Mitchum. Page -8- Council Regular Meeting November 1, 1993 "-' 'W Mayor Hayman suggested a three month trial period but due to this requiring a change in the ordinance, it was decided this would be changed and brought back in ordinance form at the next meeting. The motion CARRIED 5-0. ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS FIRST READING: There were no items for first reading at this time. SECOND READING: (PUBLIC HEARING) A. Ord. No. 93-0-17 providinq for Cable TV rate regulation consistent with Federal Communication commission requirements Mayor Hayman read Ord. 93-0-17. Mayor Hayman opened the public hearing. Mayor Hayman closed the public hearing. Councilman Hays made a motion to approve Ord. 93-0-17, seconded by Councilman Mitchum. The motion CARRIED 5-0. B. Res. 93-R-27 Urqinq Leqislature to end or limit state Mandates without adequate funding City Manager McMahon made a brief presentation to council. Mayor Hayman read Res. 93-R-27. Councilwoman Martin made a motion to approve Res. 93-R-27, seconded by Councilman Hays. The motion CARRIED 5-0. UNFINISHED BUSINESS A. Appointment of one member to Land Development & Requlatory Agency to replace Pete Hellsten (Tabled 10/18/93) Councilman Hays removed this from the table. Councilwoman Martin made a motion to appoint Albert Rossini, seconded by Councilman Hays. Councilman Jones feels Danny Hatfield would be a good choice because he has served before. He feels he would be a good asset to the LDRA. The motion DIED 2-3. Councilman Mitchum, Mayor Hayman and Councilman Jones voted NO. Councilman Mitchum made a motion to appoint Danny Hatfield, seconded by Councilman Jones. The motion CARRIED 4-1. Councilwoman Martin voted NO. COUNCIL/OFFICERS REPORTS city Attorney City Attorney storey had nothing at this time. city Manaqer city Manager McMahon spoke about the assessment notice for prepayment which was mailed two years ago. Page -9- Council Regular Meeting November 1, 1993 'W' .. city Council Councilman Mitchum Councilman Mitchum had nothing at this time. Mayor Hayman Mayor Hayman had nothing at this time. Councilman Jones Councilman Jones made a motion to send a message to Chairman Bud Asher endorsing his proposal and adopt this by resolution, seconded by Councilman Mitchum. Councilman Hays asked this be carbon copied for County Council. The motion CARRIED 5-0. Councilwoman Martin commented on a new application being presented for a board appointment. She commented on the motion to appoint Mr. Rossini being denied. She feels it was not polite. Councilman Hays Councilman Hays commented on the rotating for board appointments. He liked the way they did it before. He stated he supported Councilwoman Martin. Councilman Jones and Councilman Mitchum feel the way it is done now is by majority and it is the only fair way. Councilman Hays commented on enclaves. Councilman Hays asked Mr. Karet how far along we are on this. Mr. Karet stated they are not yet prepared to bring this matter before Council. Councilman Hays commented on looking into the economic fiscal impact analysis and economic development strategy for the Port Authority. Councilman Hays commented on Fish Hospital and the twenty million dollar expansion. He stated Fish Memorial is going out for a general obligation bond. Questions from Press There were no questions from the press. CITIZEN COMMENTS There were no citizen comments at this time. ADJOURNMENT There being no further business to discuss, Councilman Jones made a motion to adjourn, seconded by Councilman Hays. The meeting adjourned at 11:11 p.m. Minutes submitted by: Lisa Kruckmeyer Page -10- Council Regular Meeting November 1, 1993