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12-14-2009 - Regular CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 14, 2009 6:00 P.M. COUNCIL CHAMBERS MINUTES CALL TO ORDER 1. Mayor Thomas called the Regular Meeting to order at 6:02 p.m. in the Council Chambers. ROLL CALL Mayor Michael Thomas Present Councilwoman Debra Rogers Present Councilwoman Gigi Bennington Present Councilwoman Harriet Rhodes Present Councilman Ted Cooper Present City Manager Tracey Barlow Present City Clerk Bonnie Wenzel Present City Attorney Carolyn Ansay Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. 2.APPROVAL OF MINUTES There were no Minutes to be approved at this time. 3.PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DON ATIONS There were no Presentations at this time. 4.CITIZEN COMMENTS The following citizen spoke: Bill Glaser , 1703 Needle Palm Drive, was wondering if Council realized there was a miracle that occurred in Edgewater in 2006. A group of homeowners on Fern Palm Drive and Glenwood Drive apparently were working with the th City in some manner trying to get stop signs put on 27 Page 1 of 14 Council Regular Meeting December 14, 2009 Street at the intersection of Fern Palm and Glenwood. The high sheriff of Edgewater went down and looked the situation over and he proclaimed that stop signs were not necessary. It was a pretty sharp corner there but folks should slow down and everything would be all right. Magically several weeks later stop signs appear. It had to be a miracle because the high sheriff proclaimed they weren’t necessary but all of a sudden they were there. He wondered if there was anybody in Edgewater in City government that keeps track of miracles that could tell him how this occurred. As he walks around Lake Laura, there is an awful lot of dog poop around there and they might want to get their pooper snoopers back in action to see if they could find out who was doing it. 5.APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA Mayor Thomas announced they would be moving Items 10A and 10B up on the agenda before Item 8C. Councilman Cooper so moved, second by Councilwoman Bennington . The MOTION CARRIED 5-0 . 6.CITY COUNCIL REPORTS Councilwoman Bennington reported on the Volusia League of Cities Dinner put on by Oak Hill that was held at Riverview Charlie’s. It was very nice. Mayor Thomas stated Edgewater had seven there so they were well represented. Councilwoman Bennington stated she was in a meeting today for the General Employees Pension and they have set a deadline to stop negotiating with Principal, which by February they should have an answer one way or the other what they are doing. They are all set up to go once they terminate Principal. They are making progress. Councilwoman Bennington wished everyone a Merry Christmas and Happy New Year. Councilwoman Rhodes wished everyone Happy Holidays. Page 2 of 14 Council Regular Meeting December 14, 2009 Councilman Cooper read his report into the record. (Attached) He then read a letter into the record from the YMCA. Mayor Thomas commented on attending the Employee Luncheon. It was very good. It’s like they are one big family. It’s cool. He really enjoyed the food and the fellowship. Mayor Thomas then commented on the meeting where the Southeast Volusia Mayors and City Managers get together to discuss local problems and how they can work together as a team. He feels that is very beneficial. He got to meet Mayor Barringer, who seemed very nice and very willing to work with them. Mayor Thomas then congratulated the Police Department. He thought there were like three rings of burglary suspects they busted and got a whole lot of stuff back. Police Captain David Arcieri commented on the items that were recovered. It was still on going and there would be more arrests made. Mayor Thomas asked Captain Arcieri to tell the Investigative Unit and the Police Officers that they did a very good job. City Manager Barlow asked if these were the car burglaries. Captain Arcieri informed him yes. Mayor Thomas wished everyone a Merry Christmas. Councilwoman Rogers had nothing at this time. 7.CONSENT AGENDA There were no items on the Consent Agenda to be discussed at this time. 8.PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS nd A.2 Reading, Ordinance No. 2009-O-08 – Amend the Comprehensive Plan to update the Capital Improvements Element (CIE) and the accompanying Capital Improvements Program (CIP) Page 3 of 14 Council Regular Meeting December 14, 2009 City Attorney Ansay read Ordinance 2009-O-08 into the record. City Manager Barlow made a staff presentation. Mayor Thomas asked for Council comments. There were none at this time. Mayor Thomas asked for public comments. The following citizen spoke: Bill Glaser , 1703 Needle Palm Drive, referred to Table 9, on Page IX-37 in the document itself. They list the number of things that are part of this Capital Improvement Plan and one of them is 2.5 gallon million per day wastewater treatment plant and it says who it is going to be paid for by. It says SRF. He asked what SRF was. City Manager Barlow informed him the State Revolving Fund. Mr. Glaser asked if that was a loan. City Manager Barlow informed him it was a loan that is paid back through impact fees and development fees. Mr. Glaser stated it says SRF and developer is going to pay for this. He asked who the developer would be. City Manager Barlow informed him any developer that would appreciate that benefit of that expansion. They pay for their allocation of it, their impact. Due to there being no further comments from the public, Mayor Thomas entertained a motion. Councilman Cooper moved to approve Ordinance 2009-O-08, second by Councilwoman Rhodes . The MOTION CARRIED 5-0 . nd B.2 Reading, Ordinance No. 2009-O-09 – Repealing and Restating Article VIII Water Conservation Standards of Chapter 19 Utilities and Services City Attorney Ansay read Ordinance 2009-O-09 into the record. City Manager Barlow made a staff presentation. Mayor Thomas asked for Council comments. Page 4 of 14 Council Regular Meeting December 14, 2009 Councilman Cooper wanted to touch on the City’s reclaim verses the County’s recommendation. Our reclaimed water still gives them the three days a week to water up to ¾ of an inch. With the new program the City has implemented for this coming year, they can get hooked up if they are within the area where the infrastructure is completed at a very low fee. This would be very beneficial to landscaping. The County’s provisions are much stricter. Mayor Thomas asked for public comments. Due to there being no further comments, Mayor Thomas closed the public hearing and entertained a motion. Councilwoman Rhodes moved to approve Ordinance 2009—O-09, second by Councilman Cooper . The MOTION CARRIED 5-0 . Mayor Thomas then moved to item 10A. 10A. Authorization for execution of the Construction Loan Agreement DW640500 with the Florida Department of Environmental Protection for the New Water Supply Wells City Manager Barlow made a staff presentation. Brad Blais , Quentin L. Hampton Associates, commented on being before Council about a month ago requesting permission to submit the loan applications. This is part of the American Reinvestment Recovery Act. This is a federally funded program and had to be expedited far beyond what they consider a comfort level. The City was below the list and wasn’t supposed to get any money. They didn’t make the list initially. He commented on some other cities that failed to meet the deadlines they signed up for. Edgewater was then given the opportunity. If they were st able to do what needed to be done by December 31 they could be put in line for this money. The City would be executing a loan agreement. At such time that the loan is executed they will execute a grant agreement through the ARRA program. They will essentially receive 85% reimbursement through grants and 15% would be funded through the City. He further commented on the process. Page 5 of 14 Council Regular Meeting December 14, 2009 Councilwoman Rhodes expressed concern with the State reimbursing the City. What if the State can’t or won’t? Mr. Blais informed her they are signing a contract with the State and they are saying they are going to pay them back. He has been doing this with the State for fifteen years and they have never had any delay. It’s an electronic transmission. Councilwoman Rhodes stated but they can’t electronically transmit something they don’t have. Her only issue was if they don’t have the money they can’t give it to the City. City Manager Barlow stated it is coming from the feds, who are putting a lot of heat on the State because they aren’t spending the money fast enough. Councilman Cooper asked for an explanation regarding what this does to our plant and how they are going to bring this into the new realm and state of the art. Mr. Blais commented on these being adjacent to two existing wells. This was supposed to be constructed in 2009/2010. He commented on this being a requirement of the Consumptive Use Permit and this not being optional as far as St. Johns is concerned. This was in the City’s CIP, Water Supply Plan and approved through DCA. This is one of those things the City had to do. The fact that they are getting 85% funding for the whole thing is a bonus. Councilwoman Rogers stated back to the funding as far as the ARRA, in 2009 they have been slow. In 2010 they are supposed to be good at putting out the funds. Due to there being no further Council or public comments, Mayor Thomas entertained a motion. City Manager Barlow informed Council as part of the motion to approve the construction loan, they also needed permission to authorize appropriate budget amendments so they can put the money in the right accounts. They needed a motion to approve the construction loan agreement with FDEP and authorize the City Manager to execute the document and authorize appropriate budget amendments . Councilwoman Bennington so moved, second by Councilwoman Rhodes . Page 6 of 14 Council Regular Meeting December 14, 2009 The MOTION CARRIED 5-0 . 10B. Authorization for execution of the Construction Loan Agreement DW640510 with the Florida Department of Environmental Protection for the Southeast Service Area Storage Tank and Pumping Station City Manager Barlow made a staff presentation. City Manager Barlow informed Council they needed a motion to approve the construction loan agreement with FDEP and authorize the City Manager to execute the document and authorize appropriate budget amendments. Due to there being no comments from Council or the public, Mayor Thomas entertained a motion. Councilman Cooper made a motion to approve Construction Loan Agreement DW640510 with the Florida Department of Environmental Protection and authorize the City Manager to execute the document and make the recommended budget amendment, second by Councilwoman Rhodes . The MOTION CARRIED 5-0 . C.Resolution No. 2009-R-37 and award Bid 09-PW-009 – New Water Supply Wells to McMahan Construction in the amount of $899,950 City Attorney Ansay read Resolution 2009-R-37 into the record. City Manager Barlow made a staff presentation. Councilman Cooper commented on having a 10% for change orders and things of that nature. He spoke of it being very limited to no change orders. Mr. Blais commented on the contingency being built into the loan. City Manager Barlow stated anything significant beyond that would come back to Council as well. City Manager Barlow asked that when the motion is made they again include the authorization of the appropriate budget amendments. There were no further comments from Council. Page 7 of 14 Council Regular Meeting December 14, 2009 Mayor Thomas asked for comments from the public. The following citizen spoke: Bill Glaser , 1703 Needle Palm Drive, asked if the four wells, 17, 18, 19 and 20 that were referred to were in the CIP. City Manager Barlow informed him yes. Mr. Glaser stated the estimate was it would cost $1.8 million but the bid came in at $899,000. He was informed the estimate was $1.2 million. Mr. Glaser pointed out on the list he had it was $1.8 million but he guessed that was an error. He asked if there was a plan for the money the City won’t have to spend as a result of this. City Manager Barlow informed him the money was projected. In the CIE it didn’t necessarily mean the money was in the bank today for that project. That was projected five years out of what projects have to be done and how much estimated they will cost and those funding sources. There was no extra money. Councilman Cooper stated they didn’t save a thing. That was a projected figure and then when the bids came in because of the economy right now, they are getting bids much more reasonable than ever before and the bids came in at ex-amount of dollars. This grant money as it is given to them is only good for what those bids are. They didn’t really save anything. It just didn’t go as high as the projection. Mr. Glaser stated in the year 2010 when this was scheduled to be done, they don’t have to spend the money that was projected. Due to there being no further comments, Mayor Thomas entertained a motion. Councilwoman Bennington moved to approve Resolution 2009-R- 37 and award Bid #09-PW-009 to McMahan Construction, authorize the Mayor or City Manager to execute the necessary documents and the budget amendments as required, second by Councilwoman Rogers . The MOTION CARRIED 5-0 . Page 8 of 14 Council Regular Meeting December 14, 2009 D.Resolution No. 2009-R-38 and award Bid 09-PW-010 – Southeast Service Area Ground Storage Tank and Pumping Station to Masci Corporation City Attorney Ansay read Resolution 2009-R-38 into the record. City Manager Barlow made a staff presentation. Due to there being no comments, Mayor Thomas entertained a motion. Councilman Cooper moved to approve Resolution 2009-R-38 and award Bid #09-PW-010 to the recommended vendor and authorize the Mayor or City Manager to execute necessary documents along with the budget amendment, second by Councilwoman Rhodes . The MOTION CARRIED 5-0 . City Manager Barlow stated it is because of the foresight of not only the Environmental Services Director but also their consulting engineer that had everything in place before the money became available that made these projects and this opportunity for this grant very possible. It was the planning and persistency on their part. 9.BOARD APPOINTMENTS A.Recreation/Cultural Services Board – Councilwoman Bennington’s appointment due to the expired term of Joe Fishback, who seeks reappointment Councilwoman Bennington moved to reappoint Joe Fishback, second by Councilwoman Rhodes . The MOTION CARRIED 5-0 . 10.OTHER BUSINESS A.Authorization for execution of the Construction Loan Agreement DW640500 with the Florida Department of Environmental Protection for the New Water Supply Wells This item was moved up before Item 8C. Page 9 of 14 Council Regular Meeting December 14, 2009 B.Authorization for execution of the Construction Loan Agreement DW640510 with the Florida Department of Environmental Protection for the Southeast Service Area Storage Tank and Pumping Station This item was moved up before Item 8C, after Item 10A. C.Authorization for Work Order 2007-13 and Purchase Order for the contract administration and inspection services for the construction of the new water supply wells City Manager Barlow informed Mayor Thomas on this item and the next item there were typos. The work order numbers should be 2009-13 and 2009-14 to identify the year. City Manager Barlow then made a staff presentation. Due to there being on Council or public comments, Mayor Thomas entertained a motion. Councilwoman Rhodes moved to authorize the City Manager to execute Work Order 2009-13 and Purchase order for the contract administration and inspection services to Quentin L. Hampton in the amount of $137,163 and make any appropriate budget amendments that needed to be made, second by Councilman Cooper . The MOTION CARRIED 5-0 . D.Authorization for Work Order #2007-14 and Purchase Order for the contract administration and inspection services for the construction of the Southeast Service Area Storage Tank and Pump Station City Manager Barlow made a staff presentation. Due to there being on Council or public comments, Mayor Thomas entertained a motion. Councilman Cooper moved to authorize the City Manager to execute Work Order #2009-14 and Purchase Order for the contract administration and inspection services to Quentin L. Hampton Associates in the amount of $134,813 and make Page 10 of 14 Council Regular Meeting December 14, 2009 appropriate budget amendment, second by Councilwoman Rhodes . The MOTION CARRIED 5-0 . E.Ratification of the Coastal Florida Public Employees Association Agreement (General Employees Union Contract) City Manager Barlow made a staff presentation. Councilwoman Rhodes felt they should do whatever they can within their budget. The employees deserve it. It’s not huge. City Manager Barlow commented on having a couple of senior employees that have retired so that savings is captured from their salaries from the time period it takes to back fill their position which they do at a lesser amount. Due to there being no Council or public comments, Mayor Thomas entertained a motion. Councilwoman Bennington moved to approve, second by Councilwoman Rhodes . The MOTION CARRIED 5-0 . 11.OFFICER REPORTS A.City Clerk City Clerk Wenzel commented on working on making changes to the soliciting code in the Code of Ordinances. She had a draft for Council to look over and see where they are heading. City Clerk Wenzel reported they have destroyed about 700 boxes that were in the archives. That will get them started on moving forward on not keeping everything they do not have to keep and are not required to by law. B.City Attorney City Attorney Ansay had nothing at this time. C.City Manager Page 11 of 14 Council Regular Meeting December 14, 2009 City Manager Barlow asked for Council’s consensus to cancel th the February 15 meeting due to the President’s Day holiday st and leave the February 1 meeting in place. The first meeting in March would be the meeting thereafter. th It was the consensus of Council to cancel the February 15 meeting due to the President’s Day holiday. City Manager Barlow stated he provided in Council’s box information regarding the Metro Daytona Economic Development Corporation. He attended a presentation on rd November 23 at Stetson. He commented on this being a revamp of the Business Development Partnership. It’s a public/private partnership where public and private contribute towards the funding of going out and promoting economic development but it puts more of the funding responsibility on the private and engages the private more into this as well. There are things the private industry can do that the government can’t. It’s got mixed feelings across the County. He offered to make himself available if Council wanted to speak to him one on one. If it continues to grow similar to the BDP our funding obligation would be $50 per capita, $100,000 for the City of Edgewater. He then commented on what he has done with the BDP in the past. City Manager Barlow commented on speaking to Council at the last meeting about the Deltona Water Supply Plan and their Chapter 180 Service Area and concern that they were way beyond where they felt they should be based on Statute. Council had a draft letter in front of them that with their permission would be sent to the Volusia Growth Management Commission. He commented on what has since happened. They sent a letter and said they had reconsidered. They not only would agree to come back within five miles of their jurisdiction but essentially communicated they would support Edgewater if they extend their utility service area five miles beyond their jurisdiction which is something they will contemplate the next time they update their portion. They voluntarily agreed to do that verses going through the Volusia Growth Management Commission hearings. It was the consensus of Council to send the letter to the Volusia Growth Management Commission. City Manager Barlow then referred to the list of goals for 2009 by going over what had been accomplished. He then Page 12 of 14 Council Regular Meeting December 14, 2009 went over the draft form of the goals for 2010 and what has been added. He asked Council to talk to him before their January meeting if there are any particular goals they want on there or any changes to what is currently on there so they can finalize the list for staff. Councilman Cooper thanked staff for their due diligence and their efforts. City Manager Barlow commented on he and City Clerk Wenzel being under contract. Part of the contract is an evaluation process. He asked Council if there was a certain way they wanted to do their evaluations or if they just wanted to open it up as an opportunity to make constructive criticism or direction in a public forum and keep it informal, they could do that as well. Councilwoman Rhodes asked about having evaluation forms at one time. City Manager Barlow informed her it had been done both ways in the past. Councilwoman Bennington wanted a simple form. Councilwoman Rhodes suggested they fill out the forms and give them to them. Councilwoman Bennington spoke about how they did it in the past. They would fill out the form and then meet individually with the City Manager or City Clerk and go over them themselves. Councilwoman Bennington asked about their being one other thing, New Year’s Eve. City Manager Barlow stated with New Year’s Eve being on Thursday he asked Council if they wanted to consider that as an employee appreciation day. Councilwoman Rhodes stated she would love to do that. Councilman Cooper asked about the impact. City Manager Barlow commented on the impact being very minimal. It was the consensus of Council to give an Employee st Appreciation Day on December 31. 12.CITIZEN COMMENTS There were no Citizen Comments at this time. 13.ADJOURNMENT Page 13 of 14 Council Regular Meeting December 14, 2009 There being no further business to discuss, Mayor Thomas adjourned the meeting. The meeting adjourned at 7:04 p.m. Minutes submitted by: Lisa Bloomer Attest: APPROVED: City of Edgewater, Florida ___________________________ Bonnie Wenzel, City Clerk Michael L. Thomas, Mayor Page 14 of 14 Council Regular Meeting December 14, 2009