01-09-1995 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
JANUARY 9, 1995
7:00 P.M.
COMMUNITY CENTER
MINUTES
CALL TO ORDER:
Mayor Hayman called the Regular Meeting to order at 7:00 p.m. in
the community Center.
ROLL CALL:
Mayor Jack Hayman
Councilman Danny Hatfield
Councilwoman Louise Martin
Councilman Michael Hays
Councilman David Mitchum
City Attorney Krista storey
city Manager George McMahon
City Clerk Susan Wadsworth
Police Chief Lawrence Schumaker
Present
Present
Present
Present
Present
Present
Present
Present
Present
INVOCATION, PLEDGE OF ALLEGIANCE
The minister scheduled to deliver the invocation was not present.
There was a silent invocation. There was a pledge of allegiance
to the Flag.
Retirement of Public Works Department em~loyee Melvin Copeland
with 16 years of service
Mayor Hayman spoke highly of Melvin Copeland's service with the
City and presented him with a plaque.
Presentation of plaque from Government Finance Officers
Association for Excellence in Financial Reportinq
Mayor Hayman congratulated Karen Rickelman for the excellent job
she has done and presented her with a certificate.
Finance Director Fred Munoz gave an explanation of the meaning of
this award. Mr. Munoz commended his department for the work they
have done to help achieve this recognition.
The plaque from G.F.O.A. was accepted to be put on display.
Mr. Munoz presented Ms. Rickelman with a gift.
city Manager McMahon thanked Mr. Munoz and his staff for the
excellent job they have done.
APPROVAL OF MINUTES
Reqular Meetinq of November 7, 1994
Councilwoman Martin made a motion to
minutes, second by Councilman Hays.
Councilman Hatfield abstained due to
that time.
approve the November 7, 1994
The motion CARRIED 4-0.
his not being on Council at
Reqular Meetinq of November 21, 1994
Councilman Hays made a motion to approve the November 21, 1994
minutes, second by Councilman Hatfield. The motion CARRIED 5-0.
Regular Meetinq of December 5, 1994
Councilwoman Martin made a motion to approve the December 5, 1994
minutes, second by Councilman Hays.
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Mayor Hayman stated at the December 5, 1994 meeting there was
mention made of a water planning session to be scheduled during
the month of January. He asked City Manager McMahon to comment
on the scheduling of that meeting.
The motion CARRIED 5-0.
City Manager McMahon commented on a long term stormwater plan.
He explained this will take more time and it involves an
engineering assessment of the different projects we have and what
engineering work will cost. He stated rather than try to rush
this matter through during this month, since there will be a mid
year-review of the budget in March, at that time he would have a
formal working plan of the current work that is going on.
City Manager McMahon commented on the $3 stormwater fee. He
explained when the stormwater utility was set up, a fund was
established to not make capital improvements. He explained the
fund was set up as a maintenance fund only.
City Manager McMahon informed Council staff would have a formal
work plan before the mid-year budget.
CITIZEN COMMENTS
Mayor Hayman reminded the citizens this time is reserved to
solicit commentary from the public on items listed on the agenda.
The second opportunity for citizen comments is used to comment on
any other items.
Paul Jenkins, Florida Shores, stated he was going to comment on
the road improvement project. He spoke about the map that shows
which roads are going to be paved. He spoke about a potential
neighborhood park area being right where his house is. He spoke
about provisions for people with side street driveways.
Mr. Jenkins commented on drawings by the other engineering firm
where side driveways were planned, that only one side was going
to be paved and the other side was going to be left open to get
access to the side driveways. He spoke about the people with
side driveways parking boats, boat trailers or larger vehicles
and not having enough of a turning radius to get in and out.
city Manager McMahon stated the engineering plans take into
consideration what the state permitting requirements are for
displacement of the retention of the water as a result of the
road. He spoke about accommodating the citizens needs. He
informed Mr. Jenkins he would have answers for him at the next
meeting.
Tom Williams, 1223 willow Oak Drive, stated he cannot afford to
pay for the paving of the roads. He commented on how his taxes
have increased. He stated he does not need a paved road. He
stated his only other alternative is to move out.
Gail Wells, 2503 Woodland Drive, feels the City needs to look at
the paving. She stated a lot of her neighbors are in the same
situation. She expressed concern for the way the retention ponds
are going to look. She spoke about the City not being able to
maintain all of these retention ponds as well as the lift
stations and everything else they are responsible for.
Ms. Wells asked if the citizens are going to have a vote on this.
Mayor Hayman stated if there is enough citizen support asking for
a referendum, a referendum would be considered.
Ms. Wells expressed concern with the property values in Florida
Shores due to people wanting to move out because of the paving
and retention ponds.
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Council Regular Meeting
January 9, 1995
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Dominick Capria, 606 Topside Circle, expressed concern with the
tax situation. He feels the roads should be paved but it is
getting out of line. He urged the Council to look at other ways
to get the road improvement project completed.
Dr. Charles Gebelein, 1730 Umbrella Tree Drive, stated many
people don't know that the east-west roads are going to be
eliminated. He stated there has never been a map in the paper
showing the exact locations of the retention ponds in relation to
the properties. He feels this needs to be explained to the
people. He agreed with Ms. Wells that the retention areas will
not be properly maintained. He feels this is the wrong thing to
do.
Mayor Hayman stated Council has stipulated as a design
requirement, in addition to a fifteen year minimum road life
expectancy, that we not infringe upon those drives that are
referred to as off-street. He informed Dr. Gebelein this would
be addressed later on the agenda.
Doris Hill, 112 Lincoln Road, asked what the alternative is. She
asked if we are going to have the retention ponds and the swales
on the roads that aren't going to be paved that aren't going to
be used as roads or are they going to be in the back yards. She
stated she can't imagine turning back on the road paving at this
point.
Councilman Hays explained they have looked at many different
options on this and one of the first things that was looked at is
to not use the option of the east-west streets but to purchase
vacant properties and turn those into retention areas. He spoke
about the high cost to do this. He explained for every square
yard of asphalt that is laid on the ground, the city is required
to provide stormwater retention that meets certain criteria with
the state and federal government.
Councilman Hays commented on the concern for a referendum. He
stated we have had a number of public hearings addressing this
and he thought the issue of whether or not we were going to do it
was settled. He spoke about encouraging industry to come into
Edgewater and the only way to encourage that tax base is if we
have an infrastructure that will attract them.
Dominick Fazzone, 302 Paradise Lane, stated he has been 100% in
favor of paving. He is bothered with the increase of taxes and
the stormwater fees. He explained the savings on the stormwater
and the savings from the paving that we are doing now helping to
eliminate tax increases. He urged the Council to get the paving
on the roads but keep the interest of the citizens in mind.
Mario DiOrio, 1823 Evergreen Drive, stated Mr. Clark is ill and
Mr. Clark emphatically states that he feels the project costs too
much money. He spoke about constructing the roads ourselves and
purchasing our own equipment to do it. He spoke about the City
not paying anything, it's the citizens that eventually wind up
paying for it.
Herb Nichols, 2114 Orange Tree Drive, feels if we keep waiting to
put in the streets, the cost is going to keep going up. He is
willing to get these roads in.
COUNCIL/OFFICERS REPORTS
city Attornev
City Attorney Storey had nothing at this time.
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Council Regular Meeting
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city Manaqer
City Manager McMahon had nothing at this time.
CITY COUNCIL
Councilman Hatfield
Councilman Hatfield spoke about signs in New Smyrna acknowledging
winners of events.
Councilman Hatfield spoke about the Edgewater Public School's
Animation Club. He feels there should be signs put up
recognizing the accomplishments of our schools in Edgewater to
show the kids we are proud of them.
Councilman Hatfield made a motion to direct the City Manager to
purchase these signs, second by Councilman Hays. The motion
CARRIED 5-0.
Councilwoman Martin
Councilwoman Martin stated the public is always welcome to go to
city Hall and speak to the City Manager or staff concerning any
project.
Councilman Hays
Councilman Hays asked that Item lOA - "Tour of Homes" fund
raising project for 26 acres be brought up on the agenda to Item
BB to follow Quentin Hampton's presentation.
Councilman Mitchum
Councilman Mitchum spoke on a contract that was given to Quentin
Hampton for inspection services for this ongoing project. He
stated he does not have a problem with giving Quentin Hampton the
contract, but in giving them a contract that doesn't exist yet.
Mayor Hayman
Mayor Hayman had nothing at this time.
CONSENT AGENDA
A. Planned maintenance service aqreement with Rinqhaver
Equipment Co. for Wastewater Treatment Plant's auxiliary power
qenerator
B. A T & T Commission Aqreement
Mayor Hayman read the consent agenda.
Councilman Mitchum made a motion to approve the consent agenda,
second by Councilman Hays. The motion CARRIED 5-0.
There was a five-minute recess at this time.
NEW BUSINESS
A. Quentin L. Hampton Associates updated report on road
improvement proiect. includinq probable construction cost
estimate and menu of construction alternatives
Mayor Hayman commented on the road improvement project. He
explained the reason for this presentation is to address the
design of the road improvement program and the menu and the
alternatives that we have directed Quentin Hampton to come back
to us with. He stated we are not hear to discuss the funding and
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Council Regular Meeting
January 9, 1995
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Mayor Hayman stated the focus of the presentation tonight are the
details of the design and the specifics that Council has outlined
such as a fifteen-year road minimum and accommodating the
stormwater needs for our community for a term of twenty-five
years. He stated Council has insisted these design criteria be
included for approval tonight.
Rick Fernandez, President, Quentin Hampton, stated with him
tonight are Mark Hampton and Brad Blaise.
Mr. Fernandez made a presentation regarding the value engineering
report which is a direct result of Amendment #1 to their contract
with the City.
Mr. Fernandez commented on the existing project plans. He spoke
about options they have looked at to help save on the cost.
Mr. Fernandez commented on what is in the current construction
plans for the east-west streets. He commented on 12th, 16th,
17th, 19th, 20th, 22nd, 26th, 27th, 28th, 35th, and 36th streets
and the possible savings that could be accrued with changes in
the construction plans on the east-west streets.
Mayor Hayman asked if there was any objection from Council to go
back to Modification #1 and address each one individually. There
were no objections from Council.
Modification #1 - Asphalt
Councilman Hays questioned Option 1C using 30% recycled asphalt.
Mr. Fernandez elaborated on his concerns.
Councilman Mitchum commented on leaving that option open and if
that material became available being able to move on it at that
point.
Councilman Mitchum spoke of a test project
Smyrna Beach with some tire. He asked Mr.
on this. Mr. Fernandez doesn't feel it is
subdivision environment.
going on north of New
Fernandez's feelings
appropriate in the
Mayor Hayman commented on quality control.
how this was going to be addressed.
Mr. Hampton explained
Councilman Mitchum commented on DOT getting ready to look at
paving on u.s. #1. He asked who has the rights to that
aggregate, the contractor. He was informed the contractor has
the right.
Modification #2 - Road Base
Mayor Hayman questioned the durability of the shell mix. He
spoke about Option 2C. Mr. Hampton commented on limerock/shell.
Mr. Fernandez commented on soil cement. He stated he feels the
50/50 mix is going to be much better suited to the environmental
conditions. Mr. Hampton commented on the actual construction
technique.
Mayor Hayman questioned the durability and wearability of soil
cement verses the 50/50 limerock/shell base. Mr. Hampton
explained why he feels soil cement is superior.
Mayor Hayman spoke about an additional two inches to the base,
which is referred to as a subbase, increasing the durability of
the life expectancy of the road. Mr. Hampton elaborated on this.
He stated the subbase is a very important and integral part of
the road.
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Council Regular Meeting
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councilman Hatfield asked if we are still going to get a fifteen-
year road with the limerock. Mr. Hampton stated yes, provided
the base and subbase work are done right, the road is primed
correctly, and quality control measures are taken on the
asphaltic concrete when it goes down.
councilman Hatfield commented on construction labor savings. He
asked if that was taken into consideration. Mr. Hampton informed
him that is reflected in the price.
councilman Hays asked if we are going from twenty-two to twenty-
one feet and it is a twenty-foot road, why not go to twenty feet
if there is a savings there. Mr. Hampton stated you really need
to have something along the edge of the road.
Modification #3 - Road Subbase
This matter was discussed with Modification #2.
Modification #4 - Endwalls
councilman Hatfield spoke about the endwalls increasing
maintenance.
Mayor HaYman spoke about problems he has with using bahia grass.
He stated he was satisfied with the sod doing the job on the
endwalls he has observed.
Modification #5 - Drivewavs
councilman Mitchum spoke about Mr. Fernandez recommending Option
5B. He spoke about a lot of the driveways being concrete. He
expressed concern with driveways being torn up. Mr. Fernandez
explained most of the driveway work is going to be associated
with the drainage culverts. He expressed concern that they have
not gone out and done a detailed inventory of the driveways and
how many have been built since the project plans were developed.
councilman Hays questioned grass driveways. Mr. Fernandez stated
in a case like that, their inspectors would work with the
homeowner to get a restoration that is satisfactory to them that
is the closest to the options that are available.
councilman Mitchum asked if the residents will have the
flexibility of doing an on-the-spot upgrade. Mr. Fernandez
stated they would like to see them do that as an independent
contract with the contractor. He doesn't want to get the City's
contract on private property.
Modification #6 - Sod
councilman Hays addressed the retention ponds. He asked why they
have to be sodded and not returned to native vegetation.
Mr. Fernandez explained the sod that is in the retention areas is
not included in Item #6. He explained these were designed to be
dry retention areas.
councilman Hays feels they need to seriously think about
decreasing the cost of the overall project. Mr. Fernandez stated
it would cost about $250,000 to sod the retention areas. Mr.
Fernandez stated they do not have a copy of the permit that was
drawn for the retention areas or the design calculations that
support them yet. He explained they want to make sure there is
no permit conditions that preclude the City not sodding.
Councilman Mitchum asked why they don't have it. Mr. Hampton
stated they have a copy of the permit but not the application and
supporting documents.
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Council Regular Meeting
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Councilman Mitchum asked that this permit be obtained from DRMP.
Councilman Hays asked City Attorney storey to assist the Council
with obtaining the documents.
Mr. Fernandez stated he cannot think of a single instance where
the st. John's River Water Management District has not required
the sodding of the side slopes.
There was a discussion regarding sodding the bottom of the slopes
and the maintenance of the dry retention areas.
Modification #7 - Reducinq the width of India Palm Drive and
Silver Palm Drive
Councilman Hays commented on Hibiscus backing up to the railroad
tracks. He spoke about this being a concern of the people in the
community.
Councilman Hays questioned if that road was narrowed and made a
one-way road north or south, would there be a significant savings
to the project. Mr. Fernandez explained why this would not be a
good idea. He would like to see that road left the way it is due
to the commercial development along that road selling the
program.
Councilman Hays spoke about paving 26th east and west to take
some of the load off Roberts Road and Indian River Blvd but the
downside is that road doesn't come out to u.s. #1. He questioned
if it would be worth the $337,000 it would cost to do it.
Mr. Fernandez stated from an emergency vehicle perspective, it
would be useful to have input from Fire and Police on that. He
stated it shouldn't be accepted without the input from staff
regarding public safety vehicles and the effect it might have on
them.
Mayor Hayman discussed not paving 26th Street and suggested
putting this on the menu at a later date.
Councilman Hays stated once the road is completed, it will either
be a road with stop signs on it or you can make it a through
street or make four-way street stops at each intersection which
would slow down traffic coming through Florida Shores. He
questioned if it may cause more problems training the people to
stop at these intersections.
Councilman Hays also suggested pulling 26th Street out and look
at it again at a later date.
Councilman Mitchum explained why he feels downgrading the project
would not be a good idea at this point.
Mayor Hayman explained they are looking at the traffic
engineering benefits of the road. He suggested if 26th Street is
retained, taking a long hard look at stop signs at every corner.
Councilman Mitchum spoke about using 26th street as a truck
route. He feels this may be feasible. He stated he is not
opposed to putting stop signs at 26th street north and south and
making that a service type road.
Mayor Hayman commented on the considerations the Council wanted
to be included in the design specifications.
Councilman Hays stated if they decide to pave 26th Street, do it
first and begin there and get the trucks that are working the
project using that road. He feels that may be the perfect time
to get people used to stopping at 26th Street.
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Council Regular Meeting
January 9, 1995
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Councilwoman Martin stated monetarily the $337,000 in five years
could go up to a million or more.
Councilman Hays stated he would go along with paving 26th street
as long as it was stipulated in the contract that is what the
contractors would use.
Mayor HaYman commented on cuts made across 20th street during the
stormwater project. He asked if part of the design of this is to
pave north south streets through 30th street. Mr. Hampton
informed him it was not.
There was a discussion as to where the starting area would be.
Mayor HaYman stated he believed Council agreed on 26th street.
Mr. Hampton stated he has been told the preference is to start at
the southern end of the project.
Modification #8 & #9 - Related to the existinq city water system
improvements
Mayor HaYman asked what the estimated cost is to address one of
the boxes or connections. Mr. Hampton stated the costs they have
been experiencing on DOT projects and a large number of
municipalities is anywhere from $50 to $75 a box.
Modification #10 - Resulted from discussion with city staff
There was a brief discussion regarding the elimination of the
fenced in areas at canal expansion locations where retention
ponds replace current driveable unimproved roads.
Mr. Hampton stated the estimate for the revised project with the
recommendations is $13,233,450. The modifications will bring an
excessive $3.2 million reduction in contract costs.
Mr. Hampton stated their validated contract was $16,494,280.
Mayor HaYman asked Mr. Fernandez to break that cost down between
roadway and drainage and a contingency Mr. Fernandez wants to
establish which he did at this time.
Mayor HaYman stated the total for roadway and drainage is
$14,642,450 which does not include the bonding or administrative
financing of this project.
city Manager McMahon stated the Council can elect to say the
maximum figure that we are going to spend is this alternative.
He stated if a financial plan is going to be done, he would
rather base it at this time on the figures arrived at tonight.
Councilwoman Martin made a motion to accept the design proposal
as submitted with the amount not to exceed $14,642,450 and then
proceed to the next phase which would be the funding or financing
deliberation, second by Councilman Hays.
Councilman Hays reiterated that a couple cost saving items were
mentioned to look at in regard to retention areas and the use of
26th street being placed in the construction agreement as the
truck route. He complimented Quentin Hampton Associates for a
job well done.
Mayor HaYman informed the public if this motion is successful, we
are not locked in to funding and financing the total of this
cost.
Councilman Hatfield clarified that
the City is reserving the right to
because he is still not 100% sure.
that was correct.
during the financing process
revisit the east-west streets
Mayor HaYman informed him
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Council Regular Meeting
January 9, 1995
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Councilman Hatfield stated if they can get this project in at a
reasonable figure, he would opt to pave it.
The motion CARRIED 5-0.
Mayor HaYman thanked Mr. Fernandez and Mr. Hampton for their
presentation.
Mayor HaYman commented on a chart that depicts the elevations of
the cut on the road. He stated Ms. Wells asked him for an
explanation where they show the homes and the right-of-way and
the swales going to the property line right-of-way interface. He
stated Ms. Wells asked if that means every swale is going to
start at the property line and go fifty feet to the other
property line on those east-west roads. Mr. Fernandez informed
him no.
Mr. Fernandez stated of all of the elements of the project, the
permit is probably the most valuable and would be the most
difficult to renew or replace.
There was a five-minute recess at this time.
lOA. "Tour of Homes" fund raising proiect for 26 acres
Parks and Recreation Director Jack Corder made a presentation
regarding the Tour of Homes fund raising project. He informed
Council he is tied up with the project until some decisions are
made.
Mr. Corder commented on the location. He feels a highly visible
area for the first tour of homes house would be very beneficial
for the fund raiser.
Mr. Corder commented on the design. He asked if we should hire
an architect for one major house or take the plans off the bid
from the contractor.
Mr. Corder commented on the swimming pool. He asked if a
swimming pool should be included.
Mr. Corder commented on the eligibility. He asked who should be
eligible to win the home.
Mr. Corder commented on the extras that could be included in the
home.
Mr. Corder commented on the funding.
Mr. Corder commented on the interior. He asked if the City
wanted to furnish the home or bring in an outside consultant.
Mr. Corder spoke about marketing, the ticket price and the
security on the tickets sold and where the tickets would be
located.
Mr. Corder explained if he is given direction, he would plan on
going out for bids.
Mr. Corder spoke about what is included in the bid package.
Councilwoman Martin asked Mr. Corder if it would be a good idea
if he gets partial donations of services to have a billboard
outside as to who donated their services. She asked about the
$70,000 to $100,000 price including the price of the land. Mr.
Corder stated that probably would include the price of the land
at the $100,000 mark. He stated he contacted a realtor regarding
highly visible lots and there are several on Indian River Blvd.
He stated the approximate cost of these lots is $10,000.
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Council Regular Meeting
January 9, 1995
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Councilman Hays stated he believes the location is going to tell
us whether or not this is going to work. He feels Indian River
Blvd. is a good site.
Mr. Corder asked Councilman Hays to give staff the go ahead to
negotiate to purchase a lot on Indian River Blvd. Councilman
Mitchum asked that it be as far to the west as possible.
It was the consensus of the Council to purchase a lot on Indian
River Blvd. preferably in the western sector.
Councilman Hays stated right now the going rate is about $40 a
foot for block stucco houses split plan. He feels they should
decide amongst themselves a spec sheet.
Councilman Hatfield asked if they could get some builders to
submit designs and they could pick the best of that bunch. Mr.
Corder stated one aspect of this is do we want a specifically
designed home by an architect or do we want to go out for bids
and have the contractor/builder submit their plans which could
possibly be a better set of plans than what we design.
Councilman Hatfield feels they should get builders to submit
their own plans or new plans they want to tryout to be creative
and then Council choose from those and if they can't find
anything they like, then consider an architect.
There was a discussion as to builders submitting plans with
prices and if Council is going to have to take the lowest price.
city Attorney storey stated they will be able to pick the best.
She stated Mr. Corder's preliminary bid package indicates that.
Councilman Hatfield stated he would like to give the builders a
range of 1600 to 2000 square feet. Councilman Hays suggested
stating approximately 1600 square feet.
It was the consensus of the Council to have builders submit plans
for a block stucco home, three bedroom, two bath, fire place,
plus a two car garage with a hip roof.
Councilwoman Martin stated she would like to see an outstanding
type house, not like the houses in the City.
There was a discussion regarding whether or not they want a
swimming pool with a screen enclosure. Councilman Mitchum
suggested making it an option to include or not include a pool.
There was a discussion regarding eligibility. Councilman Hays
explained why he feels everyone should be eligible. Mr. Corder
stated we could designate the drawing the night of the Council
meeting and have someone come in and do the drawing in front of
everyone.
Mayor HaYman suggested aSking Brinks or one of the local security
companies to handle the ticket stubs and the drawing.
Mr. Corder stated he found out last week through the IRS, people
can donate to a municipality and it will be tax deductible but
they wanted to check with their accountants for sure. If someone
purchases a ticket it may not be, but if someone makes a donation
it could be.
It was the consensus of the Council that everyone will be
eligible.
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Council Regular Meeting
January 9, 1995
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There was a discussion regarding the extras to be included with
this house. Councilman Hays asked about reuse hookup. Mr.
Corder stated on the actual bid package, he included the
sprinkler system and reuse hookup automatically as well as major
appliances to be included.
Councilman Hatfield spoke about local businesses donating some of
these extras.
Mr. Corder stated he spoke to DBCC in the past, and they have a
class that would be interested in doing the interior design if
the city so desired. He feels that would be a good idea.
Councilman Hatfield commented on interior design and bringing
people in to work with the Parks and Recreation Board.
It was the consensus of the Council to let DBCC do the interior
design.
There was a discussion regarding marketing. Mr. Corder stated he
had permission to go out for bid on a marketing consultant. He
stated he sent out over 80 and didn't get any back so we are
looking at marketing in-house.
It was the consensus of the Council to charge $20 per ticket.
It was the consensus of the Council to look into a lock box at
the local bank.
Mr. Corder spoke about funding for this project.
Councilman Hays feels .5% over the prime at that time is fair for
both sides.
It was the consensus of the Council to borrow money from the
Insurance Fund at .5% over the prime interest rate at that time.
Mr. Corder stated the overall value of borrowing is approximately
between $10,000 and $15,000 for marketing on this project. He
stated the maximum cost will be $115,000.
city Manager McMahon commented on the value of the project.
There was a discussion regarding the ticket volumes sold by the
people who did this in South Florida.
8B. Angie Brewer & Associates Contract Amendment
Mayor HaYman presented the background and need for this request.
He stated they were asked to address the request of concurrent
with this contract amendment, a liquidated damages account be
established to set aside money for reimbursement.
Mayor HaYman stated the amendment request is in the amount of
$10,234.93.
City Manager McMahon stated S & E is primarily driving that cost.
Councilman Mitchum stated his only hope is that with all of the
problems that we are having with S & E that there is enough money
left.
City Manager McMahon informed him they would be receiving a pay
request to go to the state that says final completion. He stated
in order to get the state money which we are entitled to, which
has to be approved by the end of the month, will have to be
conditioned and explained to the state that we are not satisfied
necessarily with the quality of workmanship and other things. He
stated you are not, with that, releasing retainage.
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Council Regular Meeting
January 9, 1995
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councilman Hatfield asked where the money is coming from. City
Manager McMahon stated it will come from the project.
Councilman Mitchum made a motion to approve the amendment to the
contract in the amount of $10,234.93 for closure of CIP contract
documentation, second by Councilwoman Martin. The motion CARRIED
5-0.
Mayor Hayman spoke about the request from City Manager McMahon
regarding this issue to establish a liquidated damages account.
City Manager McMahon asked them to hold off on that until we get
a better reading legally.
C. Police Chief's reauest to have department's policy and
procedures manual updated and printed at approximate cost of
$5.000
Mayor Hayman presented the background of this request.
Chief Schumaker made a presentation regarding the need for an
update of the policy and procedures manual.
Councilman Mitchum made a motion to approve this request, second
by Councilman Hays. The motion CARRIED 5-0.
D. Appointina two members to Library Board due to expiration of
terms of Jean Haughwout and Lilian Bond-Nelson. who reauest
reappointment
Mayor Hayman presented the background of this request.
Councilwoman Martin made a motion to reappoint Jean Haughwout,
second by Councilman Hatfield. The motion CARRIED 5-0.
Councilman Hays made a motion to reappoint Lilian Bond-Nelson,
second by Councilwoman Martin. The motion CARRIED 5-0.
ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS
FIRST READING:
A. Res. 95-R-01 Fla. Reauestina prohibition of vehicle parkina
on both sides of U.S. 1 from Oranae Avenue North to city limits
Mayor Hayman presented the background of Res. 95-R-01. It is
staff's recommendation to approve Res. 95-R-01.
City Manager McMahon strongly recommended this be approved.
Mayor Hayman referred to the letter from Mr. Hagen from DOT.
He spoke about the need for a light at Ocean Avenue and U.S. #1.
Mayor Hayman read Res. 95-R-01.
Councilman Hays made a motion to approve Res. 95-R-01, second by
Councilman Mitchum. The motion CARRIED 5-0.
B. Res. 95-R-02 Revisina the order of Council business
Mayor Hayman presented the background of Res. 95-R-02 and the
reason for this request.
There was a discussion regarding changing the order of business.
Mayor Hayman read Res. 95-R-02.
Mayor Hayman read the order of business depicted in section 1.
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Council Regular Meeting
January 9, 1995
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The following is the order of business: Call to Order, Roll
Call, Invocation, Pledge of Allegiance, Approval of Minutes,
citizen Comments regarding agenda items only, City Council
Reports, Public Hearings - Ordinances and Resolutions, Consent
Agenda, Other Business - Unfinished or New Business, Officers
Reports, General citizen Comments and Adjournment.
Councilman Hays spoke about #8 Officers Reports. It was
explained to him that would include City Manager, City Attorney,
and Council.
Councilman Hatfield made a motion to approve Res. 95-R-02, second
by Councilman Hays recommending a change in order. He asked to
reverse the Officers Reports and General citizen Comments. That
was o.k. with Councilman Hatfield.
The motion CARRIED 5-0.
SECOND READING:
(PUBLIC HEARING)
There were no items to be discussed for second reading.
UNFINISHED BUSINESS
A. "Tour of Homes" fund raisinq proiect for 26 acres
This item was moved up on the agenda.
B. Volusia County Beach re~ort - City'S representative Jeff
Lanqe
Jeff Lange, Beach Trust Representative, asked Council if they had
any questions.
Mayor Hayman explained why there seems to be a great deal of
misunderstanding about what the County wants to do with our
beaches. He spoke about south beaches, our beach, not being
addressed in the Beach report. Mr. Lange explained the emphasis
and priority lies within the Halifax Region.
Councilman Hays feels anything they do will be premature at this
time because of the new County Council. He feels they need to
wait and see what direction they are going to lean.
Mayor Hayman stated one of the things that stood out when he
examined this report was that the report underlines and
underscores the importance and the need for additional facilities
and capital projects on New Smyrna's beach. He expressed concern
about New Smyrna not receiving their fair share of the beach
tolls. He expressed concern about taking cars off the beach and
there not being sufficient parking.
Mayor Hayman stated in his view, irrespective of what the new
County Council does, they are going to have to face up with where
is the fair share.
Councilman Hatfield needs to wait and see what County Council is
doing. He feels we need to support New Smyrna Beach.
It was the consensus of Council to wait and see what the new
County Council does but elect to support the position our
colleagues take in New Smyrna Beach regarding this issue.
Mr. Lange asked Council if they were for the Beach Rangers or for
letting some entity come on the beach. Councilman Mitchum feels
another bureaucracy was created. He doesn't feel we need the
beach rangers as they exist. He stated New Smyrna Beach should
be given back to New Smyrna Beach. He supports them in wanting
this. He feels New Smyrna can project their own identity.
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Council Regular Meeting
January 9, 1995
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Mayor Hayman explained why he has a problem with the dual role of
a lifeguard/police officer. He stated he wouldn't want to see a
lifeguard acting as anything other than a lifeguard. Mr. Lange
stated they will never be doing both jobs at the same time, so he
is told.
There was further discussion regarding the lifeguard/police
officer.
It was the consensus of the Council to not support the Volusia
County Beach Report.
COUNCIL/OFFICERS REPORTS
citv Attorney
City Attorney storey had nothing at this time.
citv 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 asked for a follow up some time soon regarding
the well permit status and the shell pit off Mango.
City Manager McMahon stated he has to find out what is going on
regarding the well permit and whether the County can do it. He
stated there are conflicts because the County is empowered under
state law.
City Manager McMahon stated Mango Tree Lake was turned over to
the Acting County Manager and staff. He stated a value of
$224,000 was put on that piece of property. He stated if it is
anything other than the $2,000 we originally discussed, he
recommended not pursuing this.
There was a discussion regarding that piece of property having no
development qualities.
Councilman Mitchum
Councilman Mitchum had nothing at this time.
Mavor Havman
Mayor Hayman had nothing at this time.
QUESTIONS FROM PRESS
There were no questions from the press.
CITIZEN COMMENTS
Paul Jenkins, willow Oak Drive, stated he noticed on the map
there is no proposal to pave 22nd street. He asked this be left
open as a contingency if there is more savings. He commented on
the paving of 22nd street helping with the traffic on willow Oak.
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Council Regular Meeting
January 9, 1995
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Mr. Jenkins commented on the fences around the canals. He spoke
about some of the canals being very deep the straight down. He
asked to have something done with the canals that are real deep
in case a small child falls into the canal.
Mr. Jenkins commented on the tickets for the house. He feels the
Council would sell more total dollars if the cost was lowered to
$10 instead of $20.
Mr. Jenkins commented on the ClP program. He asked if there is
going to be any contingency for any of the roads that fail in
three or four years. City Manager McMahon explained there is a
bond.
Mr. Jenkins asked if there was any plan to reopen Menard Park for
swimming after there is no more effluent going into the river.
City Manager McMahon stated not in his life time because we don't
control that. He explained permission would need to be obtained
from the state.
There was a discussion regarding creating a public beach for
Edgewater. Mayor Hayman spoke about an indoor-outdoor swimming
complex which will encompass an olympic size swimming pool that
is proposed for the 26-acre park.
Mr. Jenkins was looking for some natural setting for the children
to go to.
ADJOURNMENT
There being no further business to discuss, Councilman Hays made
a motion to adjourn, second by Councilman Mitchum. The meeting
adjourned at 11:22 p.m.
Minutes submitted by:
Lisa Kruckmeyer
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Council Regular Meeting
January 9, 1995