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05-17-1993 - Regular '-" ...., CITY COUNCIL OF EDGEWATER REGULAR MEETING MAY 17, 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 Manager George McMahon City Attorney Krista storey 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 asked Item 7A & 7B be moved up after citizen Comments. APPROVAL OF MINUTES Special Meetinq of April 26. 1993 Councilwoman Martin made a motion to approve the minutes of the April 26, 1993 meeting, seconded by Councilman Jones. Councilman Hays spoke about the first sentence on Page 2. Instead of Attorney Sugarman decided three minutes as sufficient he would like it to state it was decided three minutes was sufficient. Councilman Hays spoke about paragraph 12 on Page 6. He wanted it to read Councilman Hays stated he would appreciate no distractions from some member of the audience so he can get to the bottom of what is fair for the city. The motion CARRIED 5-0. The corrections were made as requested. City Manager George McMahon introduced the new Public Works Director, Hugh Williams. Mr. williams stated he is excited to be working for the city. Reqular Meetinq of May 3. 1993 Councilwoman Martin made a motion to approve the minutes of the May 3, 1993 meeting, seconded by Councilman Hays. The motion CARRIED 5-0. CITIZEN COMMENTS A. Debbie Kemp. Director of Chemical People for Druq Free Youth Debbie Kemp thanked Council for their support. She stated even though they have opened a thrift store they still need the City's support. '-" """'" She spoke about some of the activities they are involved in and some of their sponsors. She spoke about the "Kids Who Care" youth counsel. Mrs. Kemp asked Council to consider Chemical People when it comes time for funding next year. Joey Sovac spoke to Council on the "Kids Who Care" program. He thanked Council for their support and asked that it continue. Mayor Hayman stated their request would be passed on to Mr. Munoz. Judith victor, 826 Navigators Way, spoke about the speeding problem on u.S. #1. She asked Council to bring down the state representative. She feels the speed limits need attention. Robert Pogg, 2925 Yule Tree Drive, spoke about the bumps on the roads being made by big trucks. He would like to see something done. Mayor Hayman stated they are concerned with this problem also. Councilman Mitchum stated the construction vehicles are moving too fast. He stated he wants the contractors told they are responsible for their actions in the City. He wants something done about it. Councilman Hays agreed with Councilman Mitchum. Dominick Fazzone, 302 Paradise Lane, expressed his concerns on the speed limits. He feels the Police should be policing these streets. Police Chief Schumaker spoke on the enforcing of speed limits. Debbie Kemp, 3030 vista Palm Drive, spoke about speeding school buses. She suggested Police check the speeding on 31st street. Police Chief Schumaker asked her to get the number of the bus so it can be reported. City Manager McMahon suggested anyone who has a problem with the contractor's equipment or the contractor to contact him during the day and he will act on it. Mayor Hayman stated they would go to Item 7A. UNFINISHED BUSINESS A. Amendment to Anqie Brewer & Associates Aqreement for Additional Compensation related to Capital Improvements Program Grant/Loan Administration Councilmembers expressed they did not have anything on this item. Mayor Hayman explained it should have been brought from a previous meeting. Angie Brewer spoke on the issue by opening up to questions. She explained what her firm does. She explained the reason for the increase being requested. City Manager McMahon spoke on behalf of Mrs. Brewer. Mrs. Brewer spoke on the grant money the city received and possible money available to replace the loan money. Mayor Hayman asked Mrs. Brewer to explain what the amount is. Page -2- Council Regular Meeting May 17, 1993 ~ ~ Mrs. Brewer explained the original contract was approximately $133,000. She stated there are two pieces to the amendment. She explained a four month extension of the 100% top level would equate to a maximum total increase of about $24,000. The balance of the total contract increase of about $19,000 is basically contributable to the higher level of effort during the entire first ten months of the program. This amounts to about $43,000. city Manager McMahon explained the Consulting Engineer's rates are about two or three times more than Mrs. Brewer's. Mayor Hayman spoke about the budget. He asked where they are now and where they would be if they went along with this. Mrs. Brewer explained this for him. Councilman Mitchum stated he is still not clear on what the increase is for. He stated $43,000 is over 33% and this is still not justified in his mind. Mrs. Brewer spoke about the phasing of the project, the timing of receiving funding and the loss of the City Engineer causing problems. Councilman Mitchum expressed his concerns about granting this increase. He stated no one has explained to him why this increase is needed. Mrs. Brewer explained the work load of the project. She explained the $43,000 is a worse case scenario. This is an absolute maximum. Councilman Jones stated he had a problem with the increase at first until he found out what Tallahassee expects. He stated we haven't had one complaint since Mrs. Brewer has taken over. He asked how long they will need to render their services. Mrs. Brewer said they should have substantial completion on all of the phases by October. Then they would go into a close out phase. After that, he financial close out of the project occurs. Mayor Hayman spoke about the level of where the firm is now. Councilwoman Martin questioned why it took so long and they didn't renegotiate the contract where now they have a $43,000 request. City Manager McMahon explained this. Mrs. Brewer stated with these projects you have a higher level start up. You have to set up records, set up files, and review documentation. Councilman Jones made a motion to keep Angie on and not to exceed the maximum of $43,000, seconded by Councilwoman Martin. The motion CARRIED 4-1. Councilman Mitchum voted NO. Councilman Mitchum questioned if they would be paying $43,000 and Councilman Jones stated hopefully it won't come to that. B. Status Report on Refunding 1991 Water and Sewer Revenue Bonds Jim Gollahon, vice President of A.G. Edwards, went over the summary of the refunding of the bonds. Mr. Gollahon explained current savings are about $850,000 over the remaining 28 years of that bond issue. He stated they are looking at a 4% savings of the prior bond issue. Mr. Gollahon explained the options to Council. Page -3- Council Regular Meeting May 17, 1993 ~ ~ . city Manager McMahon asked if there is a bond resolution Council has to pass. Mr. Gollahon stated that can be passed a day after the bonds are sold. He stated he will not know until late Wednesday or early Thursday, if the market is there. Mr. Gollahon stated these are attractive savings but if the city waits they may be able to do a little better. City Manager McMahon recommended Council go forward with this. He stated he would rather us make money now then wait. Councilman Mitchum made a motion to go with it, seconded by Councilwoman Martin. The motion CARRIED 5-0. Mayor Hayman asked they be informed when this will take place. City Manager McMahon asked City Clerk Susan Wadsworth to send out a notice. CONSENT AGENDA Mayor Hayman read the consent agenda. A. Police Chief's request to purchase DARE supplies totallinq $1.369.16 from Law Enforcement Trust Funds B. Police Chief's request to purchase Motorola Maxtrac 300 Mobile Radio at $638.75 from Law Enforcement Trust Funds C. Florida Power & Liqht Company Commercial/Industrial Load Control Program Aqreement City Manager McMahon explained by entering into the agreement with Florida Power & Light the City would be saving 10 to 15% on their power bills. Councilman Mitchum made a motion to approve the consent agenda, seconded by Councilman Jones. The motion CARRIED 5-0. NEW BUSINESS A. Riverwalk - R. F. Davisworth property Parks & Recreation Director Jack Corder spoke about a problem on Mr. Davisworth's property. He stated he has sat down with Mr. Davisworth to try to work out an agreement. Councilman Hays spoke about problems on the right of way that goes from Riverside Drive to the river. Mr. Corder stated the City currently maintains that right of way which is 50' wide. Councilwoman Martin asked if he was talking about the extension of Thomas Street. Mr. Corder stated yes. There was discussion on what Mr. Corder's plans were for this property. Mr. Corder explained 25' of the right-of-way would go to Mr. Davisworth and 25' of the right-of-way would go to the adjacent property owner. Mr. Corder stated Mr. Davisworth and Mr. Hawthorne were present and they may have something to say on this subject. Mr. Hawthorne spoke on behalf of Mr. Davisworth. Mayor Hayman asked what the City's plan is for that right-of-way in the future. Mr. Corder stated they had no plans for the particular stretch. Page -4- Council Regular Meeting May 17, 1993 ~ ~ city Attorney storey explained an issue discussed with Mr. Hawthorne and Mr. Davisworth. Mr. Corder explained he spoke to Mr. Burch and he is more than willing to look at the situation and he would accept the terms on that. Councilman Mitchum stated he thinks it would clean up the area. He said it would not need to be part of anything to develop. He stated with the stipulations it stay in its natural state he doesn't have a problem with this. Councilman Hays stated he feels there are a couple areas of concern he would also like to look at. He stated there is no need for a dead end street to go to the river. Councilman Jones feels this is going to be resolved. Mayor Hayman spoke about one of Council's primary concerns are preservation of the river for the public. City Attorney storey explained they are looking for an easement from Mr. Davisworth which will allow the City to place the Riverwalk in the area where it was originally intended outside the right-of-way. She suggested Council go forward with the vacation of that right-of-way which needs to come back in the form of a resolution and would be divided evenly between Mr. Davisworth and Mr. Burch. Mr. Hawthorne spoke about work being done on the property and no permission being granted. Councilwoman Martin made a motion to authorize the initiation of vacation of the right-of-way subject to the granting of the easement for the Riverwalk by Mr. Davisworth and the vacation conditioned on the no development clause of that 50' strip, seconded by Councilman Hays. The motion CARRIED 5-0. Councilman Mitchum questioned if it would include Mr. Burch. Mayor HaYman informed him he would be included. Councilman Mitchum asked why work was done on this property which Mr. Corder explained for him. Mayor Hayman stated it would be a good idea for the contractor to notify the property owners they will be doing work. There was continued discussion on this matter. Mr. Hawthorne commended Mr. Corder by saying he was most attentive to their needs, he spent as much time as they wanted and he listened to everything they had to say. He stated he was impressed. B. Appointments of two members to the Beautification & Tree Committee due to resiqnations of Betty Rossman and Tina Palermo Replace Betty Rossman Councilman Hays made a motion to appoint Helen Janda, seconded by Councilman Jones. The motion CARRIED 5-0. Replace Tina Palermo Councilwoman Martin made a motion to appoint Carol Miller, seconded by Councilman Jones. The motion CARRIED 5-0. C. Appointments of six members to Buildinq Trades and Requlatorv Appeals Board due to expirations of terms Page -5- Council Regular Meeting May 17, 1993 -... '-' Councilman Jones made a motion to appoint Doug Cole, seconded by Councilman Hays. The motion CARRIED 5-0. Councilwoman Martin made a motion to appoint Gary Butts, seconded by Councilman Hays. The motion CARRIED 5-0. Councilman Jones made a motion to appoint Robert Howard, seconded by Councilwoman Martin. The motion CARRIED 5-0. Councilman Mitchum made a motion to appoint Lester Yarnell, seconded by Councilman Hays. The motion CARRIED 5-0. Councilman Hays made a motion to appoint Les Ogram, seconded by Councilman Jones. The motion CARRIED 5-0. Councilman Hays made a motion to appoint John Ciaffoni, seconded by Councilman Jones. The motion CARRIED 5-0. D. Appointments of two members to citizen Code Enforcement Board due to expirations of terms Councilman Hays made a motion to appoint Gilda Jill Sterl, seconded by Councilwoman Martin. The motion CARRIED 5-0. Councilman Mitchum made a motion to appoint Paul Azzarello Jr., seconded by Councilman Hays. The motion CARRIED 5-0. E. Appointments of two members to Industrial Development Board due to resiqnations of John Moonen and Richard Kowalewski Replace John Moonen Councilman Mitchum made a motion to appoint John Browning, seconded by Councilman Hays. The motion CARRIED 5-0. Councilwoman Martin made a motion to appoint Charles Byrd, seconded by Councilman Jones. The motion CARRIED 5-0. F. Appointments of two members to Land Development and Requlatory Aqency due to expirations of terms Councilman Mitchum made a motion to appoint Mary Agrusa, seconded by Councilman Jones. The motion CARRIED 5-0. Councilman Hays made a motion to appoint Ronald Hildenbrand, seconded by Councilman Jones. The motion CARRIED 5-0. G. Appointments of two members to Parks and Recreation Board due to expirations of terms Councilman Hays made a motion to appoint Charlene Dennis, seconded by Councilman Mitchum. The motion CARRIED 5-0. Councilman Jones made a motion to appoint George Childs, seconded by Councilman Hays. The motion CARRIED 5-0. H. Appointments of two members to Veterans Park Advisory Committee due to expirations of terms Councilman Hays made a motion to appoint councilwoman Martin, seconded by Councilman Jones. The motion CARRIED 5-0. Councilman Mitchum made a motion to appoint Sam Mancino, seconded by Councilman Jones. The motion CARRIED 5-0. I. Appointment of member to Citizens Advisory Committee of Metropolitan Planninq Organization due to resiqnation of Dominick Fazzone (no application on file) Page -6- Council Regular Meeting May 17, 1993 lIw" ...., Councilman Hays thanked Mr. Fazzone for all his time and for serving on the citizens Advisory Committee of the Metropolitan Planning Organization. Mayor Hayman stated they should continue this item to the next regular meeting. J. Appointment of member(s) to Bicvcle Pedestrian Advisorv Committee of Metropolitan Planninq Orqanization due to resignation of members (no applications on file) It was decided they would also continue this item to the next regular meeting. ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS FIRST READING: A. Res. 93-R-08 Authorizing Cooperation Aqreement with Volusia County for Community Development Block Grant Proqram for fiscal years 1994. 1995. and 1996 Community Development Director Mark Karet gave a presentation on what this agreement entails. Mayor Hayman read Resolution 93-R-08. Councilman Mitchum made a motion to approve Res. 93-R-08, seconded by Councilman Hays. The motion CARRIED 5-0. UNFINISHED BUSINESS C. Wastewater Treatment Plant Proposed Chanqe Order for $10.624 to Provide Ceilqard 663 in lieu of coal tar epoxy for interior coatinq of pretreatment structure city Engineer Kyle Fegley briefed Council on the warranty of the Ceilgard 663. He explained the warranty is for one year. He recommends going with this. Councilwoman Martin made a motion to approve recommendation, seconded by Councilman Jones. The motion CARRIED 5-0. COUNCIL/OFFICERS REPORTS city Attornev City Attorney storey had nothing at this time. city Manaqer City Manager McMahon stated it is necessary for an emergency repair on a brush truck. The cost the condition for them to use it is $6,962.28. the budget. them to authorize to bring it up to The money is in Councilman Hays made a motion to approve the repair, seconded by Councilwoman Martin. The motion CARRIED 5-0. City Manager McMahon advised Council of DBCC classes available for general employees. City Manager McMahon informed Council he would be coming to them at the next meeting with a revised health insurance proposal. He briefed Council on some differences between what we have now and what he is proposing. Page -7- Council Regular Meeting May 17, 1993 lillw' ~ City Manager McMahon asked Council to policy to file claims on contractors. to car repairs being paid by the City torn up by the contractors. confirm the administrative He expressed disapproval because of the roads being Councilman Hays expressed his concerns on this matter. City Manager McMahon mentioned improving the appearance of City Hall. Councilman Mitchum Councilman Mitchum spoke on the speed of the construction vehicles. He stated he wanted to address the City Manager about going to S & E or whoever the contractor is and addressing the speed of the construction equipment. Councilman Mitchum asked if there are set hours for the equipment running on Sundays. utilities Director Terry Wadsworth stated they are not allowed to work on Sunday. Councilman Hays asked to step up the watering on the dirt roads. He stated this really needs to be done. There was discussion on repaving in each of the four phases. Mayor Hayman Mayor Hayman spoke about a golden key to the City of Sweetwater. He spoke about the people who went down south to help the Hurricane Andrew victims. ' Mayor Hayman presented the key to Councilman Hays for his efforts in helping with Hurricane Andrew clean up. Councilman Jones Councilman Jones had nothing at this time. Councilwoman Martin Councilwoman Martin had nothing at this time. Councilman Hays Councilman Hays spoke about the bus stop problem. He stated children are playing in the roads and playing chicken with the cars. Questions from Press There were no questions from the press at this time. CITIZEN COMMENTS Ms. Mumpower stated on May 23rd from 5 p.m.- 6 p.m. they are going to put together an event "Unity in the Park" at Riverside Park in New Smyrna Beach due to the disaster of the gentleman being killed. She asked to have the pamphlets hung up and distributed. Robert Pogg, 2925 Yule Tree Drive, spoke about the speeding problem and the difficulty in getting help with the Community Development Block Grant. Mr. Karet stated he would check into this tomorrow. There has been a lot of confusion due to personnel changes. Page -8- Council Regular Meeting May 17, 1993 .." .."", Ed Keenan, 1905 pine Tree Drive, spoke about the problems with his vehicle. Joe Martin, Chairman, Industrial Development Board, stated the resolution passed for the Community Development Block Grant is a done deal. He asked Council if they were comfortable with items 1, 5, 10, 11, and 13 in the resolution. ADJOURNMENT Councilman Mitchum made a motion to adjourn, seconded by Councilman Jones. The meeting adjourned at 9:55 p.m. Minutes submitted by: Lisa Kruckmeyer Page -9- Council Regular Meeting May 17, 1993