04-03-1995 - Regular
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CITY
COUNCIL OF EDGEWATER
REGULAR MEETING
APRIL 3, 1995
7:00 P.M.
COMMUNITY CENTER
MINUT'ES
CALL TO ORDER:
Mayor Hayman called the Regular Meeting to order at 7:05 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
Lieutenant William Britain
Present
Present
Present
Present
Present
Present
Present
Present
Excused
Present
INVOCATION, PLEDGE OF ALLEGIANCE
Due to Reverend Kantz not being able to attend the meeting, there
was a silent invocation. There was a pledge of allegiance to the
Flag.
APPROVAL OF MINUTES
Reqular Meetinq of March 20. 1995
Councilwoman Martin made a motion to approve the March 20, 1995
minutes, second by Councilman Hays.
Councilman Hays asked that on Page 11, first paragraph, Mr.
Spofford's name be put in parentheses where it states "He (Mr.
Spofford) stated you give us the money you owe us and then we
will talk about it."
Councilman Hays noted that on Page 11, first paragraph, his name
be placed in parentheses in the next sentence where it states "He
(Councilman Hays) stated once that money leaves the city, there
are no guarantees anything is ever going to be fixed unless it's
fixed at the taxpayers expense."
Councilman Hays stated that on Page 11, fifth paragraph from the
bottom to include in parentheses that Mr. Spofford is a member of
the Florida Bar.
The motion CARRIED 5-0 as amended.
CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY
(other than public hearinqs)
councilman Hatfield asked that Ms. cummings be allowed to speak.
Councilman Hays and Mayor Hayman stated they spoke to Ms.
cummings earlier and they suggested she attend this meeting.
Susan cummings, 502 Old County Road, Miss Peggy's Day School,
spoke on the Coronado Paint Trucks being 80,000 pounds at full
capacity. She stated her concern is for the children in her care
and the families who drive to and from this location throughout
the day.
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Ms. cummings commented about being concerned about people who
walk on the sidewalks. She stated the Ocean Avenue sidewalk and
Ocean Avenue - Old County Road intersection are major entry-exits
for Edgewater Public School at all times during the day.
Ms. cummings stated she understands the Director of Public Works
was ignored regarding his disapproval of this situation. The
LDRA voted to grant a height variance. She asked if they were
given an accurate picture of the impact this plan would have on
the children.
Ms. cummings stated the city Manager has said to her that doing
anything about this at this time is like moving the Berlin Wall
but she knows that is not the case. She spoke to the Statutory
Weight Limitation Department of the Florida Department of Motor
Carrier Compliance. She stated there is something that can be
done. This road is clearly marked with three signs stating no
trucks over one ton. These paint trucks are 40 ton at full
capacity.
Ms. cummings commented about a discussion she had with Mr. Karet.
He told her that "Miss Peggy's Day School has no business being
in an industrial area." One of the City Officials she contacted
told her oh, wow, won't those kids like seeing those big trucks.
City Manager McMahon stated the reason he said the Berlin Wall
was analogous to the situation was the property rights of both
individuals involved. New Smyrna Beach recently experienced,
although quite different, a very similar type problem and by
hastily acting in a legislative way, they have incurred a
potential $23 million plus suit.
City Manager McMahon explained that our Public Works Director
basically made an opinion based on his observation of the
traffic. He is not responsible for the end product that ends up
before your appointed board of variance. City staff does not
grant that variance.
Ms. cummings presented Council with pictures of the driveway and
also the sign. She presented memos to Council regarding SP-9406.
Mayor Hayman stated they have to get Ms. cummings and
representatives of Coronado Paint Co. and our City in one room
and resolve this problem. There are legal issues on both sides
that must be addressed and there has to be am amicable solution
to satisfy the needs of the children as well as the needs of
Coronado Paint Co. with recognition that there has been due
process of sorts. He thinks it can be done because he knows the
attitude of Coronado Paint Co. in the past on instances like this
has been very positive.
Mayor Hayman stated with Ms. cummings' permission he would like
to ask the City Manager to set up a meeting with her and the
representatives of Coronado Paint Co. and whatever staff is
necessary to enter into some preliminary discussions and
hopefully resolve this so the outcome can be reported back at the
next meeting.
Ms. cummings stated there are a few parents and teachers that
would like to comment.
There were no objections from Council.
Councilman Mitchum explained he shares some of the concerns of
Ms. cummings. He is very anxious to see some negotiation on this
matter.
Councilwoman Martin wondered why the prohibited truck tonnage was
not taken into consideration at the time.
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Council Regular Meeting
April 3, 1995
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Donna Stoddard, 1309 Live Oak, New Smyrna Beach, stated her
daughter attends Miss Peggy's Day School. This afternoon she
drove over there and when she was exiting there was no visibility
beyond 66 feet, which is the railroad track and a blind curve to
the west of the entrance on Ocean Avenue. Her concern is for any
vehicle that is pulling out of there in that area.
Ms. Stoddard commented that Miss Peggy's Day School is a
wonderful place and she is very thankful that the rates make it
affordable for any family in the community to send their child
there. Due to this fact, we do not have legal representation
with them this evening. They certainly don't want it in their
tuition to have to pay for an attorney and she hopes that is
taken into consideration when the meeting is set up.
city Manager McMahon stated his intent is not to even have our
city Attorney there. It is basically to share the information
between the school, Mr. Dill and City Staff to work out the best
solution possible.
councilman Hays stated they had a meeting and addressed the
expansion at Coronado Paint. He hopes these people will come to
the table and sit down and work out something.
Councilman Hays went on about a couple of things that came out
during his conversation with Ms. cummings such as notification of
parties, not only who owns the building but who runs the
business. He feels there may have been some dropped
communication somewhere along the line but he is not sure. He
believes the people in Coronado Paint Co. care about the
community. He feels they will sit down and work with Miss
Peggy's Day School.
There was a brief discussion regarding it not being necessary at
this point to bring attorneys into this matter.
Hal LeRoy, 523 Glen Haven Drive, Deltona, stated his daughter has
been attending Miss Peggy's Day Care for two years. He doesn't
know how the road was ever approved, but he is glad to see
everyone willing to get the parties together. If that road was
to stay like it is right now, the way they have it proposed to
go, he wouldn't let his daughter go to that school anYmore.
Mr. LeRoy spoke about the traffic jams before and after school
and he doesn't know how this is going to work out with the trucks
coming out on Ocean Avenue. He asked Council not to wait until
someone gets hurt before they act on this.
City Manager McMahon explained that one of the things they will
look at is possibly what the impact there would be by changing
some of the streets to one-way during certain hours.
City Manager McMahon spoke about an agreement with Coronado
Paint. He asked Mr. Karet to comment on the agreement.
Diana Miller, 148 W. Ocean Avenue, stated she was present at the
variance committee meeting on the Coronado Paint construction and
voiced her opinion there. Some of the issues she is concerned
with are the one ton limit sign and why this wasn't addressed
before. She stated she was told it really wasn't too much of a
concern. She can't imagine how it ever got to this point.
Ms. Miller stated they were told at the variance committee
meeting that their objections were not to be addressed at that
meeting. They were only allowed to address the variance and the
height of the building and these others things would be done in
phases and she has had no notification.
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Council Regular Meeting
April 3, 1995
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city Manager McMahon stated we may not have a one ton limit on
that road. Obviously that can be legislated, however, if that is
legislated for any reason whatsoever, consideration has to be
given to Miss Peggy's and Coronado Paint.
Ms. Miller stated the tractor trailers used to use West Ocean
Avenue from u.s. #1 as their entry and finally they got the
industrial boulevard on Park Avenue and it has been a godsend
because most of the traffic goes through there now.
Councilman Hays feels everyone has concerns and it may be just as
simple as having some restrictions on the hours the trucks use
the street.
community Development Director Mark Karet outlined the time
frames in the agreement. Going through the site plan process
Coronado Paint had agreed to limit their use of the access onto
Ocean Avenue from 7 a.m. to 9 a.m. and 2:30 p.m. to 4:30 p.m. He
explained Mr. Dill has been very cooperative.
Mr. Karet clarified some of the points that were made regarding
the special exception granted to Coronado Paint. He further
commented on site plan approval. Mr. Karet commented on the one
ton limit signs on Ocean Avenue and the school buses not being
able to travel on Ocean Avenue if the one ton limit signs were
enforced.
Mr. Karet commented on the agreement that the roadway immediately
in front of that access will be monitored and if there are any
deterioration made, it would be repaired at no expense to the
city.
Mr. Karet stated they have already had some contact with Mr. Dill
in regards to the issues and even though he is well along in
developing the site, he has expressed a willingness to work with
the City and make some changes. He has discussed the possibility
of placing a guardrail across the street. He feels the meeting
would be appropriate.
Lieutenant Britain stated he was contacted by the Edgewater
Public School by letter and they have now formed a committee to
try and do something with their traffic problem and the traffic
problem on Old County Road. He was asked to serve on this
committee as a parent and not a police officer. The first
meeting is next Tuesday night.
city Manager McMahon asked Lieutenant Britain to have one of the
people that has been assigned to this committee work with him
because he would like to make sure he stays in close
communication with the efforts that are going on. Lieutenant
Britain stated that would be no problem but to let him know when
the first meeting is and they will have someone there.
city Manager McMahon stated that road, unlike other roads like
u.S. #1 and SR 442, is within the city's jurisdiction to regulate
in terms of speed limits and safety. We can work within those
options.
Mayor Hayman asked if there was anyone who would like to speak
regarding an agenda item.
Judith Lichter, 826 Navigators Way, addressed Item 7A - utility
rate and policy report. She commented on the flat rate and why
she is against it. She commented on articles that have appeared
in the newspapers regarding the per person rate.
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Council Regular Meeting
April 3, 1995
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Ms. Lichter stated there is not equity right now. Not in terms
of trash pickup where they pay the exact same rate, not in terms
of going to the beach where we pay $10 for the sticker and a
family of five pays the same $10, not in terms of going to a
state park where she pays as a single the same entry fee, not in
terms of trips and memberships.
Patrick Palmier, 617 Mooring Lane, commented on the rate
structure the Council is considering on the water. He spoke
about Mayor HaYman's comments regarding the unfairness to this
individual who has eight children in the family who claims he is
subsidizing those of us who are maybe two-person families.
Mr. Palmier doesn't understand why Council needs to tinker and
retinker with the rates. He wasn't happy when they were
increased last time and he won't be happy when they increase them
the next. If there are eight people in a family and they use
that much water for eight people, they should pay for that much
water. You pay for what you use.
Jake Lodico, 302 N. Riverside Drive, stated it seems the City is
taking advantage of all single people. He is paying too much for
what he is not using and someone else might be paying too much
for what he is using.
Paul Jenkins commented on a rate comparison, part of what was put
together with Mr. Wadsworth, and the old rate structure. There
is a lot of misunderstanding about the current rates, the old
rates, and the proposed rates. He doesn't think it will ever get
ironed out just by a few people speaking. He would like to see a
workshop where the city Council could get together with some of
the staff and some of the people from both sides on this issue.
Mr. Jenkins elaborated on comments made by previous citizens
regarding the base rate versus the water usage.
Ron Prekup feels the rates are completely out of line and
excessive in Edgewater. New Smyrna Beach rate are considerably
lower by 25%, which is based on 10,000 gallons. They also have a
five dollar flat rate charge for being late. He doesn't know how
Council got away with the 10% late penalty in Edgewater. He
feels 10% is ridiculous. Larger families shouldn't be penalized
unfairly when they are using more total water, but not
individually per person that much, and that is not fair.
Mr. Prekup commented on City Manager McMahon's memo to Council
regarding the City avoiding arbitrary decisions to set rates and
establish policies simply to respond to some individuals who do
not understand or accept the requirement that the City has to
comply with the bond covenants and minimum operating costs.
Mr. Prekup elaborated on the "some individuals" included in Mr.
McMahon's memo.
Mr. Prekup feels the City needs to make the rates more affordable
and in line with other cities.
Mr. Prekup spoke about a memo from Finance Director Fred Munoz
regarding rate equity issues.
Mr. Prekup stated Council needs to be listening to the people who
are complaining. He is a new citizen and a new property owner
and he has only gotten involved because people have been coming
to him looking for someone to stand up.
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Council Regular Meeting
April 3, 1995
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Dominic Capria, 606 Topside Circle, commented about Mr. Prekup's
comments regarding the phone and electric company don't charge
when there are more people in the house. He stated they charge
for your usage. He feels there is no difference between that and
the water rate. He feels Council has to start looking at some of
the retirees and give them a break.
CITY COUNCIL REPORTS
A. city Attorney. city Clerk. and city Manaqer Aqreements
Mayor HaYman stated the reason he asked this be discussed
publicly tonight is because the city has until April 30th to
inform the City Clerk, City Manager and city Attorney if council
desires to make any changes in the work agreements.
Mayor HaYman stated there is one change to the agreement he would
like to submit to Council. This change is not because of
outstanding or substandard performance. It is generated by a
solid business and economic decision that Council should be
looking at.
Mayor HaYman stated that change has to do with the prov1s1ons of
all three of the appointed officials. It has to do with the
increase or decrease in salary. He asked Council to consider and
move on these agreements that a change be made to the verbiage in
section 5B on all three agreements to change the present verbiage
of "The City Council shall evaluate the performance of the city
Manager/Attorney/clerk beginning in 1993 and each year thereafter
at the same time the preliminary budget for the City Manager is
reviewed. At that time the salary of the City
Manager/Attorney/Clerk may be increased but not decreased from
the previous year's salary level by the City Council based on the
annual evaluation of his/her performance."
Mayor Hayman recommended changing the verbiage "but not
decreased" to "or decreased." He explained his reasons for
wanting to make this change.
There was a five-minute recess at this time.
Mayor HaYman stated in the provisions of the agreements we have
with the city Clerk/Manager/Attorney, the Council has asked to at
one time during the year, in writing, establish performance
objectives and goals for the three and twice a year at the six
month period to do an oral or verbal counseling session and at
the end of the year do a written report.
Mayor HaYman suggested to Council as part of this performance
process and a business oriented budget process that the Program
Performance Management System be included as part of the
budgeting process.
City Manager McMahon commented on the Program Performance
Management system report. He spoke about what the Florida
Innovation Groups have done.
City Manager McMahon stated it is going to take some discussion
beyond tonight and he would like to be able to have City staff,
after Council looks at this and takes its initial position on
what it wishes to do, give an input report on their observations
and try to accomplish simplifying this in an affordable way that
we can produce a product that Council will feel comfortable with.
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Council Regular Meeting
April 3, 1995
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city Manager McMahon stated he needs to know what Council's
priorities are. He feels this needs to be cautiously approached
in the best way possible. It is something he encourages Council
to basically support for the research in and looking into and
logically come to some conclusions when Council feels comfortable
with a process that is tailored for this community.
Councilman Hays stated he understands that concept but he doesn't
see how that concept works outside of private industry in an
institution which is governed by a Charter. You are functioning
under a different type of administration and governing body then
what we are under. He's not sure if this would be functional
under a city that is operating under a City Charter.
City Manager McMahon stated all he can do is bring this to
Council's attention with the Mayor and say he feels this deserves
to be worked on and looked at.
Councilman Hays again explained this is a Charter run City.
Councilwoman Martin does not see how we can get into anything
concerning corporation. She commented about amending agreements
previously approved by Council. Every time someone tries to
revise contracts or agreements is very disturbing to her. It
takes a whole Council to make a decision. She feels Council
should stop fooling around with contracts and agreements.
Mayor Hayman feels government is a business of taxing the people,
and accounting to the people who elect their representatives on
how they spend their money on the levels of services that they
desire. It is a matter of checks and balances and accounting.
Mayor Hayman stated he is suggesting in the PPMS system, and
other systems like it, a services efforts and accomplishments.
It is just a business like way that is endorsed by hundreds of
governments throughout the country of looking at the level of
service that this council and City have agreed on and to look at
the effort that goes into that service and what that service
accomplishes. You measure it in terms of effectiveness and
efficiency.
councilman Hays stated this matter is addressed in section 3.08
of the City Charter. The responsibility of the effectiveness of
our City government lies specifically with the City Manager.
Council sits as a legislative body and not an administrative
body. He feels what has been proposed steps over that line and
he disagrees with that concept. He feels he was left in the dark
on this.
Councilman Hays doesn't have problems with the contracts for the
City Manager/Attorney/Clerk. He has no problem with the goals
and objectives that he set with these people. They are an
elected body which functions as an elected body but also as
individuals. He has his priorities and goals and one he has had
with the City Manager for years is to help develop and improve
the parks and recreational system inside the city.
Mayor Hayman disagreed with Councilman Hays. He thinks as an
elected official he is responsible to ensure the checks and
balances are in place to ensure we have the most efficient and
effective government our tax dollars can buy. He thinks the
citizens of this City would appreciate an elected official who
would want to institute a performance system that they understood
that is tied to the level of service they asked for.
Mayor Hayman stated he did not intend this to inhibit or restrict
in any way the authority of the City Manager. This makes his job
easier because it is done through the result of everyone doing
it.
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Council Regular Meeting
April 3, 1995
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Mayor Hayman feels he and Councilman Hays philosophically
understand and support the City Manager form of government but he
suggests that they differ on the value and use of performance
measures and the determination of goals and objectives that are
relative to the services.
Councilman Hays stated Council's responsibilities
administratively are to evaluate, to set goals and objectives and
performance standards for three people. To set anything in
place, that puts Council in the position where the employee will
feel like Council can put an unreasonable evaluation on them.
What he sees Mayor Hayman asking for is to, in a sense, evaluate
each employee and to be able to put that pressure on not only the
City Manager but the Department Head and supervisor and down the
line. He doesn't have a problem with the concept of asking the
employees for input. He has a concept with Council making that
direction. We under no circumstances should make direction to
any of these people. They direct to the City Manager and let him
ask them.
City Manager McMahon translated his thought process at this point
and time into some input that may be helpful. The Council has
authority, regardless of the contract, under the City law and
Charter to hire and fire at any given Council meeting by a
consensus vote that can terminate anyone of the officers.
City Manager McMahon believes this City has to look to the future
to its vision and, more than its vision, has to look to the
reality of tomorrow. They need to get into the business of
experimenting and looking at new ideas.
City Manager McMahon stated another idea they may be looking at,
and he hopes to bring this to Council's attention before long, is
the cost and how we might impact that without going out to
contract on rubbish. He is not promoting the fact that we keep
or not keep sanitation. He spoke about area cities experimenting
with garbage collection being contracted out and once a week
garbage collection but suggested keeping the sanitation
department.
Councilwoman Martin commented on the city Manager form of
government and this being voted in to handle administration and
take it out of the hands of the elected officers. She doesn't
think they want to go back on that vote at this time.
Mayor Hayman yielded the gavel to Vice Mayor Martin and made a
motion to amend the contracts or employment agreements with the
City Manager/Attorney/Clerk to reflect the proposed change which
in effect would eliminate the two words and add the word or.
Councilman Mitchum asked if this is not something that they would
need to look at at a workshop. Mayor Hayman had no problem with
doing that but one of the things that drove him to place this on
the agenda was the April 30th deadline to make a comment on it.
He informed Council he would not be present at the April 17th
meeting.
Mayor Hayman reiterated the motion, second by Councilman Mitchum.
Councilman Hays stated for discussion he feels to alter one word
in the contract puts the entire contract back up for negotiation
and he is not in favor of it. He is satisfied where we are.
The motion DIED 3-2. Councilman Hatfield, Councilwoman Martin
and Councilman Hays voted NO.
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Council Regular Meeting
April 3, 1995
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City Manager McMahon stated he recognizes the attempt to reach
fairness in what they do. None of the other City employees in
the pay for performance plan are asked to do that at this time.
He made a commitment that if Council decides because of budgetary
reasons or any other reasons that you have to decrease across the
board the salaries of other employees or benefits, he would
willingly take that. That is only fair as a leader.
Councilman Hays stated before we reach a point that we decrease
one employee's salary, he would vote that the Council decrease
their salaries totally. Mayor Hayman stated they should zero
their salaries out. Councilman Hays had no problem with that.
Mayor Hayman stated with Council's approval during mid-year
budget review, they could continue discussion on SEA or PPMS. He
is confident the information he can obtain and provide for
Council as well as the public will convince them.
Councilman Hays feels Council does a good job as a whole body.
city Attorney
city Attorney Storey had nothing at this time.
city Manaqer
City Manager McMahon had nothing at this time.
CITY COUNCIL
Councilman Hatfield
Councilman Hatfield had nothing at this time.
Councilwoman Martin
Councilwoman Martin had nothing at this time.
Councilman Hays
Councilman Hays had nothing at this time.
Councilman Mitchum
Councilman Mitchum had nothing at this time.
Mayor Havman
Mayor Hayman had nothing at this time.
PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
Mayor Hayman stated Mrs. Jean Haughwout from the Library Board
has asked to have Item 7A moved up on the agenda. The Library
Board members were present as well as representatives from the
County Library Staff.
Mayor Hayman suggested moving ahead with Item 5A and moving Item
7A up after that.
Councilman Hays and Councilman Mitchum suggested doing Item 6A
and getting the Consent Agenda out of the way.
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Council Regular Meeting
April 3, 1995
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CONSENT AGENDA
A. Hair Cuttery's request to hold fund raiser at corner lot of
u.s. 1 and Roberts Road on April 23. 1995. to benefit New Smyrna
Beach Hiqh School Band
Councilman Mitchum made a motion to approve the consent agenda,
second by Councilman Hatfield. The motion CARRIED 5-0.
PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Public hearinq/Resolution 95-R-05 Request of Donald Slaney
to abandon Railroad st. runninq South from West Park Ave.
(Continued from 11/4/94 and 3/20/95)
Mayor Hayman presented the background of Res. 95-R-05. Staff
recommendation is for Council to determine the abandonment of
Railroad Street is appropriate and the applicant be required to
bear all costs of the abandonment including legal advertising and
recording fees.
Mayor Hayman read Res. 95-R-05.
Mayor Hayman opened the public hearing.
City Manager McMahon updated Council on the meeting he had this
afternoon with the person interested in the abandonment and his
representative.
City Manager McMahon asked Council to include in the motion that
as a special exception to the requirements now that they not be
required to go back in and replant trees that are going to be
removed.
City Manager McMahon recommended Council abandon this property
and do this as a condition of that and Mr. Slaney keep his
commitment to give us a 20 ft. easement and agree to remove the
trees in question and not have to replant them.
Robert Howard, Architect, stated he is there to answer any
questions that may come up and that City Manager McMahon has
pulled this together on several occasions to get everyone back on
track. City Manager McMahon stated the gentleman that did the
work was Mr. Raymond.
Mayor Hayman stated City Manager McMahon is referring to Erving
Raymond in Edgewater Acres who is also instrumental in the two
petitions that are in support of the recommendation.
Mayor Hayman closed the public hearing.
Councilwoman Martin made a motion to approve Res. 95-R-05, second
by Councilman Hays with the exception of the twenty foot right-
of-way not being replanted to keep the stormwater flow open.
Councilman Mitchum asked to include with all conditions as stated
by City Manager McMahon.
City Manager McMahon stated this man intends to develop a small
office or industrial park with about seven buildings and the
value of the property will greatly enhance our tax base and will
offer space to the community.
City Attorney Storey asked if the requirement that the applicant
bear all costs of recording and legal advertising fees is
included in the motion. Mayor Hayman informed her that was
included in the recommendation by staff.
The motion was as recommended.
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Council Regular Meeting
April 3, 1995
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Mr. Raymond asked to speak even though the public hearing was
closed. It was the consensus of the Council to allow him to
speak.
Erving Raymond, 304 Linda street, thanked Mr. Slaney, Council and
City Manager McMahon for getting this fixed for them.
The motion CARRIED 5-0.
Councilman Mitchum stated he thinks this is the way things are
supposed to work. Everybody pitching in to come up with a
solution.
OTHER BUSINESS
B. Librarv Board's recommendation to resolve issues with lease
with Volusia County and request County to expedite parkinq lot
expansion
Mayor Hayman presented the background for this recommendation.
Jean Haughwout, Chairman, Library Board,
County have been working since 1972 on a
thinks it is time to get that together.
the items in question.
explained the city and
lease agreement and she
She briefly mentioned
Ms. Haughwout stated the big problem right now is the parking at
the Library. There is not enough parking at the Edgewater
Library. The Library Board is wondering how they can help to
resolve this issue to get more parking.
Ms. Haughwout stated the Library Board feels the main issue they
are dealing with in getting the lease together is the parking
situation. The Board would like to know what they can do to
expedite this agreement.
Councilman Hays stated we have proposed drawings that were done
approximately four years ago by Gates Castle. He spoke about
putting a bridge over the pipe at the end of the street where the
canal is. That is something that should be started and completed
sometime very soon.
Ms. Haughwout stated they are aware of it but at the time there
were only a certain amount of spaces for a certain amount of
money and it didn't seem to compute at the time.
Councilman Hays stated part of the problem when they were looking
at the drawings was dealing with the water runoff. If we expand
the parking lot, is it the City'S responsibility at that point.
City Manager McMahon stated right now the proposed lease
agreement has been on the table since 1992 and what he was
attempting to do was derive an economic benefit for the City from
that least agreement. The economic benefit being the County
would work with us to provide a parking area and he suggested the
plan that our previous city Engineer drafted up may not be what
they want to go with. The location might be very close to where
the Real Estate building is. The City has a public right-ot-way
through there. We may be able to abandon that and work out
something with the property owner.
city Manager McMahon suggested the City look at its codes and the
drainage situation because you can use grass bricks that allow
percolation but at the same time do not require you to pave.
City Manager McMahon feels it is imperative that the City get
some type of a time line from the County that it can live with.
Page -11-
Council Regular Meeting
April 3, 1995
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...""
Councilwoman Martin stated when she was on the LDRA they had the
idea of abandoning Alamanda, the unpaved street, and make that
the parking area. Ms. Haughwout stated that was discussed at one
time but they haven't come up with any strong or economical
solution to the problem.
City Attorney storey stated staff has initiated the preliminary
steps to bring that request for abandonment of the street to
Council and under our new land development code a survey and a
legal description are the first step and that has been initiated
and as soon as that is ready that will come to Council.
City Manager McMahon stated the bridge was discussed but has not
made Council's priority list by consensus in terms of funding.
He will bring back the bridge for discussion at budget time.
Operating within the budget, he does not have the $10,000 to do
that.
Mayor Hayman stated the thing that bothers him is the County is
saying they have the same problems we do and they are looking at
1998 being the earliest date to fund the parking lot.
Mike Knievel, Director of Volusia County Public Libraries, stated
the scheduling of the County's ClP is always flexible. The
scheduling for the Edgewater Library parking lot improvement has
only just in the past two months reached the conceptual point of
even being introduced into that schedule. What we are proposing
to do is get the parking lot into the County's ClP.
Mayor Hayman commented on the County arriving at a solution
regarding the agreement to take over that facility. He asked Mr.
Knievel to comment on where staff is and what Mr. Knievel's
recommendation has been on that.
Mr. Knievel stated the agreement, as they have perceived it, is
in the City Manager's hands and there are unresolved issues with
regard to the agreement.
City Manager McMahon asked if the air conditioning improvements
have been done.
Gayle Harmon, Librarian, Edgewater Public Library, stated there
are three units. One unit has been replaced and there are two
units that have some problem with age and they will have to be
replaced at some time in the near future.
City Manager McMahon stated the City has no issues unless Council
introduces some tonight that he is not aware of. They are
waiting for a response from the County.
Mr. Knievel stated he would be taking the comments made back to
the county Attorney's office for a resubmission of the lease
agreement.
Councilman Hays stated the ball has been in the County's court.
He asked Mr. Knievel if he was the one going to be making the
decision or if it will be a County Council decision. He doesn't
understand why it is taking so long on the County's end.
Mr. Knievel stated he is here to assist with library development
County wide. The last correspondence they had was a letter of
response from the County Manager's office to City Manager
McMahon's office. That was the last written documentation they
were able to verify.
Mayor Hayman went over the stipulations the City Council wanted
to see incorporated into the proposed lease agreement. The
letter listing the stipulations was dated February 10, 1994.
Page -12-
Council Regular Meeting
April 3, 1995
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City Manager McMahon stated in his letter he included this
agreement was never finalized and Edgewater is requesting the
County to conclude this matter.
Mayor HaYman requested to have Mr. Knievel go back to Mrs.
Weaver, Assistant County Manager, who has oversight over the
Library system and recommend post haste that the City be placed
on the County's agenda to consider these things. We are tired of
waiting. The library has been a very volatile thing in this
area. We were told we were going to have a regional library and
they supported the regional library location which is only within
1/10th of a mile from where they thought it should be as the best
site, and it was also suggested that was going to be a free gift,
then he learns it is worth $300,000.
Mayor HaYman stated he feels this City, and more especially this
Council, has been taken advantage of. He feels their good nature
and willingness to sit down and cooperate has been used to the
disadvantage to the citizens of this community. The issue as it
is, the Southeast Volusia County residents will lose probably
$500,000 worth of library capital expenditures and technology
because of what is going on now.
Mayor HaYman feels everyone in Southeast Volusia is being robbed
of a library because they cannot sit and negotiate openly on what
is best for this community.
Mayor HaYman asked Mr. Knievel to go back to the County Attorney
and county Council and express his feelings.
Councilman Hays stated they are all irritated with this process
that has not been working for us. He reiterated some of the
comments made by Mayor HaYman.
Mr. Knievel stated they have had difficult negotiations with
other municipalities. They have had a history of negotiations
with diverse communities such as Port Orange and Deltona. The
County is here to help.
Mayor HaYman suggested a joint meeting with the New Smyrna and
Oak Hill Councils for the purpose of deciding where to locate the
regional library.
Mr. Knievel stated he feels the Southeast Task Team did a great
job with the track record it had to work with. He is in a very
awkward position at attempting to endorse another process that
delays decisions. He has to endorse the actions of the Southeast
Task Team.
Mayor HaYman stated his feeling about the action of the Southeast
Task Team was it did not represent, when Council was asked to
endorse that site, a sale for $300,000 for that land.
Mr. Knievel stated those negotiations are still just that. There
has been no sale and no agreement.
Councilman Mitchum stated when they were presented with that
particular site, there was no mention that the site was going to
be bought for a price of $300,000. He feels there was
misrepresentation. He doesn't want to give up the Edgewater
Library but we had a beautiful site that would split the two
communities and it was free, if he wasn't mistaken.
Mr. Knievel stated he would like to quit speaking for the
Southeast Regional Task Team and let the citizen representative
of that task team speak.
Councilwoman Martin asked when they could get a reply to the
February 10, 1994 letter.
Page -13-
Council Regular Meeting
April 3, 1995
...,
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Mr. Knievel stated he would, within 24 hours, recheck the
historic record and he will either verify that there has indeed
been a correspondence subsequent to the February 10, 1994
correspondence from the City to the County. He would also verify
that either there has been or not been a response and,
irrespective of whether or not there has been a response, he
would instruct the County Attorney's office to resubmit the lease
agreement as proposed.
City Manager McMahon stated if there is correspondence, he would
like to receive a copy because the February 10, 1994 letter is
the last thing he has.
Robert Clinton, 4210 Liza Clinton Road, stated when he first
spoke to Council about the Task Force decision about the Live Oak
site for the Regional Library, he was under all impression from
the City of New Smyrna Beach that the Live Oak site would be
either leased to the County for a minimal fee or sold to them for
a minimal fee. Since that time New Smyrna Beach has decided that
they would like something in return for the land since it was a
recreational piece of property, they would like something built
by the County in the Southeast Region for recreation. They put a
price on that property of $317,000 even though they have
appraisals of over half a million for the property.
Mr. Clinton stated the Live Oak site was chosen as the best. The
second best site was the Edgewater Library site but the adjacent
land would cost over $900,000 and there is a big difference
between the two. The DBCC site ranked either fourth or fifth of
all the sites that were presented. If the Regional Library was
built at DBCC, according to County rules, the Edgewater Library
would close. He believes the people of Edgewater would much
prefer to see the current library stay open and a newer one built
in New Smyrna.
Councilman Hays spoke about the comment of supporting two
libraries in one town. If it was built at the Live Oak site,
there would be two libraries in New Smyrna. Mr. Clinton informed
him the Riverside Drive Library would close. New Smyrna Beach
has already come up with plans for that building. Right now that
building has $45,000 worth of asbestos removal before it can be
used.
Councilman Hays stated no matter where the library is placed, the
Regional Library will be placed in New Smyrna. Mr. Clinton
stated the Task Force decided the Regional Library should be
built at Live Oak because it is more central for everyone to get
to. The current Regional Library is on Riverside Drive.
Mayor HaYman stated he sat at a meeting where the County Manager
agreed to fund the asbestos removal as part of this year's
capital projects and work program for operation maintenance.
When people tell him that on top of $317,000, turn around with
another $45,000 for asbestos, he really gets frustrated.
Mr. Clinton informed him Mr. Kelly is no longer with the County.
He feels the cities of Edgewater, New Smyrna and Oak Hill need to
get together with the County and stop acting like three kids
after one piece of candy. He feels the Live Oak site is the best
site for the Regional Library and Edgewater would prosper the
most to keep the current library open.
Councilwoman Martin questioned if the Live Oak School is owned by
the school system or New Smyrna Beach. Mr. Clinton informed her
the Live Oak site is owned by New Smyrna Beach. They bought it
from the Volusia County School Board.
Councilman Hays stated it is pretty evident that the site for the
Regional Library has been decided.
Page -14-
Council Regular Meeting
April 3, 1995
.....
.."
Councilman Hays went back to discussing the problems with the
Edgewater Library. He informed Mr. Knievel that he doesn't want
to get a memo in a couple of days that restates something they
read a year ago. He wants to see a resolution to the problem.
Councilman Hays asked to have something brought back to them at
the next meeting. City Manager McMahon asked if the city Council
wants anything different than the letter he sent to the County on
February 10, 1994.
Mr. Knievel stated he would have a response back within 24 hours.
Mayor HaYman stated as far as he is concerned, he wants to know
what the deal is on the new Regional Library location. He stated
what the County is asking the City to do is to accept the fact
that the Library Advisory Board will agree to give $317,000 out
of the grant of $350,000 to purchase a piece of land that was not
part of the original deliberation.
Councilman Mitchum asked to put an end to this. Mayor Hayman
informed Mr. Clinton he wasn't going to debate anymore.
Mr. Clinton continued to speak. Mayor Hayman informed Mr.
Clinton, if he didn't stop, that he would be removed from the
meeting.
Ms. Haughwout stated if the Regional Library is put anywhere in
Edgewater, the Edgewater Public Library will close. If that is
what Council wants, they are going against over 3,000 citizens
who signed petitions to keep the Library open in Edgewater.
Mayor Hayman stated he doesn't think anyone is suggesting
anything of that nature.
Ms. Haughwout feels the Council needs to keep in mind that if we
go to DBCC, and this seems to be and has been the issue all
along, it is a free place so let's go there, but they won't be
thinking of the 3,000 citizens that signed the petition that do
not want to go to DBCC.
Mayor Hayman thanked Mr. Knievel.
A. utility rate and policy report
There was a five-minute recess at this time.
Mayor Hayman stated a couple of meetings ago, he asked that
Council relook at the water rate schedule that had been enacted a
few months ago for the purpose of looking at equity,
reacquainting the community as to why we have had successive rate
increases over the past few years, and to also look at and try to
reaffirm the Council's policy and philosophy regarding the rate
schedule technique that is used. He spoke on the issue of
conservation of water.
Mayor Hayman commended Mr. Munoz and Mr. Wadsworth for their
response and detailed comprehensive report regarding the utility
rates.
Finance Director Fred Munoz made a presentation regarding the
conclusions and findings of his report with respect to the
utility rate structure.
City Manager McMahon commented on a letter received from Mr.
Prekup and being personally offended by the language.
City Manager McMahon commented on two rate scenarios being the
customer base as we know it in terms of low and high usage and
what the effects would be.
Page -15-
Council Regular Meeting
April 3, 1995
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City Manager McMahon suggested the public, before they criticize
Council too much, understand had the tiered system not been
initiated with conservation, everyone in the City would have
received a 19% rate increase.
City Manager McMahon stated the tiered system did cause an
additional increase for some people in certain categories.
is changed, it is again going to do that. It is a question
who perceives equity the way it needs to be.
Mayor Hayman expressed his gratitude and thanks for the excellent
work staff did. He commented on the tiered system.
If it
of
Mayor Hayman stated Council's options at this juncture are to
maintain the present structure as it is, accept scenario one, or
accept scenario two.
Councilman Mitchum made a motion to maintain the current rates,
second by Councilwoman Martin.
Councilman Mitchum explained his reasons for wanting to maintain
the current rates. He stated they are here to work for the
people, but they are to work for a majority of the people, not
individual people on a majority basis.
Councilman Hays stated he polled 25 people and a majority want
this to be left alone. He feels that fair is just depending on
who you ask.
Councilman Hays commented on changing the 10% late fee. He has
no problem with discontinuing the late fee as long as there is a
mechanism there to make sure the chronic late payers aren't
getting a free ride on the people who pay their bills on time.
Councilman Hays spoke about looking at the charge for deposits.
He also mentioned rental property. He feels it is unfair to the
owner of rental property, if you hold him responsible for the
water bill, he should be able to pick up the phone and say shut
off the water if the renter does not pay. He feels the payment
schedule can be structured so the person who rents the property
can be responsible. He suggested increasing the deposits we
require, bill the renter for it, and decrease the cut off time.
Councilman Hays commented on charging a dollar amount instead of
a percentage that may be fair.
He commented on shut off fee charges. He feels these charges
should be tiered.
city Manager McMahon commented on late fees for cable.
Councilman Mitchum feels if it isn't broke, don't fix it.
Councilman Hatfield expressed support for the water rates as they
are now.
Councilman Hatfield suggested City Attorney storey look into the
landlord shut-off. City Attorney storey explained this has
already been looked into and there is no clear-cut case law on
that. The policy the City has been following allowing a landlord
to call in and have the water shut off, there are those that do
believe that is constructive eviction, however, on the flip side,
there is no case law that has ever held a City liable or
responsible.
City Attorney storey stated the harm to the landlord for the city
not shutting off the water, there isn't really a cause of action
there. There may be a cause of action if we shut off the water
and the tenant suffers from a medical condition.
Page -16-
Council Regular Meeting
April 3, 1995
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city Attorney storey explained if we allow the landlord to
request the water be shut off and the bill is current, she feels
they need to implement a notice system to the tenant informing
them that their water will be shut off notwithstanding the fact
that you paid your bill. She feels it is a policy decision and
she thinks they are on safe legal ground either way.
councilman Mitchum questioned the legality of a bill being paid
up and the water being turned off, no matter whose name it is in.
City Manager McMahon stated he is willing to take the risk of the
consequences because he feels we need to afford that liberty to
the property owner.
Councilman Hays presented an example of a situation he knows
about between a renter and a property owner. If the property
owner doesn't have the right to turn the water off, how can you
hold him accountable for that bill. City Attorney Storey
informed Councilman Hays that is exactly the argument.
Councilman Hays believes it is fair for a person to tape a notice
on the door, letting the renter know the City has been notified
by the property owner to turn off the water.
City Manager McMahon feels a property owner should not have to
suffer for a tenant's deliberately taking advantage of the
situation.
City Attorney Storey informed Mr. McMahon they were talking about
a different circumstance. If the bill is not paid, the city will
turn off the water. We are talking about where the bill has been
paid and because of problems between the landlord and the tenant,
we do not allow the landlord to turn off the water.
Mayor Hayman elaborated on a situation that happened in his
family regarding trying to get tenants evicted. He spoke about
having to pay the electric bill as well as the water bill. When
the tenants finally left, they trashed the house.
Councilman Hays stated there are only two options: you either
allow the owner of the property that you are holding accountable
to shut off and turn on service per his request if he is paying
for it, or you go back and hold the renter accountable for it and
collect a large enough deposit to cover the revenues.
Councilman Hatfield spoke about property owners paying the water
bills of tenants because they don't want their credit ruined
because bills aren't being paid. Mr. Munoz stated in the City of
Edgewater we do not report to any external credit agencies.
City Manager McMahon stated if an account is not delinquent, he
doesn't believe a property owner should arbitrarily be able to
ask that the water be cut off. City Attorney Storey disagreed
with City Manager McMahon. If we contract with the landlord and
the landlord requests the water be shut off, legally there is no
concrete legal obstacle to giving them that right to have the
water turned off.
Councilman Mitchum called for the question.
Councilman Hays suggested thinking about this and bring back some
research and a recommendation at the next meeting.
Mayor Hayman reiterated the motion.
The motion CARRIED 5-0.
Page -17-
Council Regular Meeting
April 3, 1995
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~
C. Appointment to Beautification and Tree Committee due to the
resiqnation of Helen Janda
Councilman Mitchum moved to table, second by Councilman Hays.
GENERAL CITIZEN COMMENTS/CORRESPONDENCE
Doris Hill, 112 Lincoln Road, stated she is a little upset. It
seems the County Council is debating the pros and cons of waiving
the impact fees in the County which would create over $5 million
plus shortfall in the County income. She further commented on
impact fees and the growth of Edgewater.
Ms. Hill reminded the Council of the survey that was conducted
regarding the feelings and wishes of the people of Edgewater as
to the direction and needs of this city. She reminded the Mayor
they cannot afford to pay the freight for County improvements
when they are already hurting from trying to pay for our own
improvements.
Ms. Hill spoke about dropping the impact fees that help pay for
the growth so builders can make more profit on the new homes and
make it impossible for the people who already own homes to sell
without losing money.
Mayor HaYman elaborated on Ms. Hill's concerns.
Paul Jenkins thanked Council for looking at the water rates
again. He has a problem which initially was encouraging
conservation. He doesn't understand how it can encourage
conservation without taking into effect the ratio of how much
water versus how many people are using it into that formula.
Mr. Jenkins stated there is no way he can get down below the
tier. There is no encouragement in this rate for the people at
6500 gallons to get below the 3000 mark because there is no way
they can do that.
Mr. Jenkins feels that more of this ended up a political decision
because of the number of people it affects versus whether it was
equal or not.
Mr. Jenkins commented on impact fees. He spoke about the money
and taxes that are paid into the system by the undeveloped
properties.
ANY OTHER COMMENTS
city Attorney Storey commented on correspondence distributed to
Council regarding the issue with S & E and the correction of the
defective work. The proposal for correcting the work that Mr.
Spofford outlined in his letter is not acceptable to the city
Engineer and we will expect S & E to do the work as they should
have done.
City Attorney Storey stated City Engineer Fegley did speak with
Mr. Spofford and they had an amicable conversation about getting
together and Mr. Spofford bringing his crew and beginning work
when the City would have inspectors available to verify they were
meeting the contract specifications. She feels communication is
ongoing and that is a positive step. Mr. Spofford appears to be
willing to come over and correct the work. We have advised S & E
we would withhold $250,000. We are currently holding $440,000,
which leaves $190,000 and that work, based on Mr. Fegley's
estimate, has been completed and pursuant to our demand letter,
we have advised S & E we would pay them the $190,000, retaining
the $250,000. We want to confirm with Council that it is
appropriate to release the $190,000, retaining the $250,000 until
all of the other issues are resolved.
Page -18-
Council Regular Meeting
April 3, 1995
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City Attorney storey commented on some litigation costs we have
incurred because S & E has refused to honor their commitment to
indemnify and defend us on some of the claims. One of the claims
they have finally agreed to defend us so the cost should be cut
on that. The other one they have not agreed to defend us, and
that is the reason for retaining beyond the $12,000.
City Manager McMahon stated before we release the balance,
assuming he does the work the way it is supposed to be done by
contract, we will on the advice of our legal opinions, require
him to sign a release for the City that he will not sue us in
court for that money.
Mayor Hayman questioned S & E's method to correct the problem.
He is interested in City Engineer Fegley's comment regarding it
being more cost effective to use full depth asphalt rather than
excavate, replace and recompact the existing containment shell
based on one inch asphalt as recently specified in the contract.
City Attorney storey informed him this was not accepted by City
Engineer Fegley.
Councilman Hays stated two weeks ago he wasn't willing to even
entertain a thought of paying them any of the money that is being
withheld because of the way S & E was not trying to work with us.
Now that they are making an effort, he would table the decisions
on paying them anything until the next meeting to give Council
time to get more input from City Attorney storey and city Manager
McMahon to see how they progress and how things go. Two weeks
from now, if everything is moving along, he would be willing to
make a motion on the $190,000, but up until this time he is not
sure that he has seen enough.
city Attorney storey stated the only problem with that is the
City has no legal justification for withholding that money.
Councilman Mitchum questioned what percentage of the money was
the actual resurfacing and reconstruction of the roads. City
Manager McMahon stated the presumption is not that there will
never be another problem. They have a warranty that starts with
the time of completion.
Councilman Mitchum stated they aren't even willing to finish what
they started and we are already talking about a warranty.
City Manager McMahon suggested within the framework of what
appears to be justified, we are entitled to withhold the
appropriate amount that it would take to do that based on
engineering estimates.
Councilman Mitchum stated they have to be absolutely sure they
have met the terms of the contract.
city Manager McMahon informed Councilman Mitchum they are. When
they are doing this follow-up work, they intend to have PSI
monitor.
Councilman Mitchum questioned if S & E would be paying for that
cost. City Manager McMahon informed him no. Councilman Mitchum
stated we are going to have to pay someone else to come in and
make sure they did their job the way they should have done it to
start with. city Manager McMahon stated inspection at this point
in time for corrective action is something we are going to do to
make sure the product is what it says.
Councilman Mitchum asked if it is included in the $200,000. City
Attorney storey stated City Engineer Fegley's estimate is to make
sure we have sufficient funds to cover cost, but can we charge
back to S & E the cost of additional inspectors; she didn't think
so.
Page -19-
Council Regular Meeting
April 3, 1995
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Councilman Mitchum stated he has a real problem in dealing out
taxpayers money in situations where there seems to be no
accountability. He doesn't feel S & E should be paid one cent
until the job is done.
Mayor HaYman stated when Mr. Spofford was here, the Council
decided that and directed staff to determine the amount of
repairs necessary and to put a cost factor on that. It was
agreed that we would retain that amount. Council agreed then in
his presence that we would release, after we had those
assurances, the remaining money per the agreement.
City Attorney Storey stated it is a policy decision for the
Council but her obligation to Council is to advise them of her
legal opinion in conjunction with Mr. Horan's.
Councilman Mitchum stated his problem is accepting the fact that
$200,000 is going to repair what cost millions of dollars.
City Manager McMahon stated he is not going to argue with Council
about the interest of the public. It is their job to perceive
that and act accordingly. They are obligated to professionally
bring to Council what they have obtained for Council's legal
resource, which is Mr. Horan.
Councilman Hays asked city Attorney Storey if she is
uncomfortable delaying this for two weeks. City Attorney Storey
stated no, but that is Council's decision.
Mayor HaYman suggested saying we approve the release of the funds
but it is contingent upon agreement of how the patching process
will take place and that presentation is going to be made at the
next meeting.
city Manager McMahon informed Council they probably aren't going
to know at the end of a two week time period how many problems
may occur six months or a year from now. City Attorney storey
stated we are still under the warranty period in Phase IV.
Councilman Hays made a motion to accept recommendation from
counsel with respect to the retainage and release of funds
contingent upon resolution of the technique to be used to make
repairs, second by Councilwoman Martin. The motion CARRIED 5-0.
City Attorney Storey presented a brief report on the status of
the union negotiations. We have heard nothing in writing yet
from the union. She received a call last week from the PEA and
PBA representative, Mr. Davenport, who told her they would be
having a meeting Tuesday night and he would advise her Wednesday
morning of the outcome. She has heard nothing further from him.
city Manaqer
City Manager McMahon briefly commented on the golf course study.
City Manager McMahon commented in regards to the school
assessment. They have agreed to pay the assessment on that
property at the time of point of sale. That is the best they
would come up with.
City Manager McMahon commented on discussion with the bonding
company. He explained by acquiring bond insurance this would
have prevented Council from putting up another $1 million for
debt service.
city Manager McMahon spoke about the 457 Plan. He stated we are
not under the State Retirement System, therefore, this has no
impact on this City.
Page -20-
Council Regular Meeting
April 3, 1995
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city Clerk
City Clerk Wadsworth had nothing at this time.
city Council
There were no reports from Council at this time.
ADJOURNMENT
There being no further business to discuss, Councilman Hatfield
made a motion to adjourn, second by Councilman Mitchum. The
meeting adjourned at 11:12 p.m.
Minutes submitted by:
Lisa Kruckmeyer
Page -21-
Council Regular Meeting
April 3, 1995