08-19-1991 - Regular
'"
~
...
"""
CITY COUNCIL OF EDGEWATER
REGULAR MEETING
AUGUST 19, 1991
MINUTES
CALL TO ORDER
Mayor Wessler called the meeting to order at 7:00 p.m. in the Community Center.
ROLL CALL
Mayor Tanya Wessler
Councilman Kirk Jones
Councilperson Louise Martin
Councilperson NoraJane Gillespie
Councilman Michael Hays
Interim City Attorney Nikki Clayton
Acting City Manager Fred Munoz
City Clerk Susan Wadsworth
Police Chief Lawrence Schumaker
Present
Excused
Present
Present
Present
Present
Present
Present
Present
INVOCATION. PLEDGE OF ALLEGIANCE
Reverend William Zeigenfus, United Church of Christ, delivered the invocation.
There was a pledge of allegiance to the Flag.
APPROVAL OF MINUTES
Regular Meeting of July 1. 1991 - Council person Martin moved to approve.
Councilman Hays seconded the motion. Councilperson Gillespie stated that on the
last page where she addressed the 611 water 1 ines, that concerns minimum standards
for fire safety. Motion CARRIED 4-0.
Special Meetina of July 12. 1991 - Councilperson Gillespie moved to accept the
July 12, 1991, minutes. Councilperson Martin seconded the motion. Motion
CARRIED 3-0. Councilman Hays stated he was excused and he did not vote.
Regular Meeting of July 15. 1991 - Councilman Hays moved to accept the minutes.
Councilperson Gillespie seconded the motion. Motion CARRIED 4-0.
CITIZEN COMMENTS
Edward Elder, 2415 Vista Palm, thanked Council for the 30 days for the flags on
the grave sites. He stated he's trying to get the Federal rules or regulations
on this and has talked with Mr. Reed, who's Congressman James I right hand man.
He asked for Council's support and backing. Mayor Wessler asked if he wants the
City to write a letter and Mr. Elder replied yes. No Council member objected.
Brett Bannister, 204 Hart Avenue, President of Capstone Construction, said he
bid on the renovations and he's a State certified building contractor and does
almost exclusively municipality work and is currently working for the City of
New Smyrna Beach and worked in Daytona. He said he didn't renew his competency
card and Mrs. Plaskett didn't recommend him on this basis and suggested he talk
with the City Manager who was gone so she suggested he talk to Council. Mayor
Wessler noted it's coming up later on the agenda and he can discuss it then.
George Ewing, 2923 Royal Palm, stated there's a serious problem with flooding
in one sect i on of the City and he understands there are on 1 y two front end
loaders with one used to clean drainage ditches and the other to relieve the
swales and ditches. Public Works Director Carl Overstreet agreed they have two
and that's basically the uses. Mr. Ewing suggested Council get another front
end loader to relieve this flooding. He said if the City can spend $23,000 for
7 years, they can afford to purchase another front end loader to relieve this
bad flooding problem.
Ben Vasauez, 2807 Needle Palm, stated they're going to pass Resolution 91-R-48
tonight. Mayor Wessler noted it's on the agenda. Mr. Vasquez stated they're
about to embark on this loan and he wants the record to reflect as one that has
a vested interest in property in Florida Shores he is against this program. He
said Council hasn't stated, nor has the attorney stated or cited, any Statute
that gives the right to special assess Florida Shores people. He said Section
2 of 91-R-48 says revenue pledged for repayment and asked if they have Exhibit
A. Ms. Clayton asked if the question is the appendices. Mr. Vasquez said he's
asking what pledged revenues are attached. Ms. Clayton explained this document
'-
~
CITIZEN COMMENTS (Continued)
Ben Vasquez (Continued) has the revolving loan fund agreement that should be in
the agenda as part of the package. Mrs. Wadsworth noted they were given the
whole book. Mr. Vasquez stated it says revenue pledged for repayment of the
loan with agreement attached hereto as Exhibit A and when he stopped by earlier
he asked to read Exhibit A. He requested Ms. Clayton read what's being pledged.
Ms. Clayton explained pledged revenues shall mean the gross revenues derived
yearly from the operation of the system after payment of the cost of operation
and maintenance and satisfaction of all yearly payment obligations on account
of the bonds and the making of any reserve account deposit required under the
bond resolution and the special assessment revenues. Mr. Vasquez asked what part
of that is the special assessment revenue applied to Florida Shores after payment
of operation and maintenance and will any other pledges be pledged to payment
of the $13.5 million dollar bonds. Ms. Clayton explained the bond issue for the
water plant and water transmission lines is secured by first lien on the net
revenues of the uti 1 ity system that's made up of revenues of the water and
wastewater utility system. Mr. Vasquez asked if it will be borne by the entire
City. Ms. Clayton replied yes. Mr. Vasquez asked who will payoff the $20
million, is it special assessment of Florida Shores. Ms. Clayton replied the
special assessment program is first source of revenue pledged to repayment of
the State Revolving Fund loan and secondary pledge is utility system net revenue
left over after payment of bonds. Mr. Vasquez stated there will be nothing left.
Ms. Clayton stated that's not necessarily a correct statement. Mayor Wessler
pointed out they had a long meeting on this about two weeks ago at the elementary
school and answered all the questions and tonight they'll address it and when
it comes up he can speak.
Construction management and resident inspection services for capital improvement
program projects with input from Mr. John Shearer with firm of Post. Bucklev.
Schuh. & Jernigan. Inc. - Mayor Wessler asked that Council allow John Shearer
to give his presentation before the consent agenda since it's his anniversary
and then he could leave. No Council member objected. Ms. Clayton stated Mr.
Shearer has come here as a favor to Council and in his capacity as former Deputy
Secretary of DER for 4 years he served in superv i sory and management ro 1 es
overseeing the programs the City's about to embark upon. She said she was asked
to see if an independent, objective third party with experience in the field
could be brought to Council's attention. She thanked Mr. Shearer for coming and
taking his time.
John Shearer stated he'll answer questions about how to proceed. He explained
he's employed as a consulting engineer in Orlando but for the past 4 years was
Assistant Secretary at DER and they oversaw the loan program just talked about
and prior to that he was City Engineer for Tampa. He pointed out they cannot
change some decisions made as most of the projects and process have been
conceived and developed and plans and specifications are ready and permits are
in hand. He added to go back and re-examine any of those decisions is within
their purview but it's water over the bridge at this time. He stated as the
projects proceed, there are three key players on the construction team - the
owner is the City of Edgewater and is responsible for the project; the second
member of the team is the constructor, the people you award each individual
contract to who would have responsibility to construct the project as it was
designed and permitted; and third is the design professional, in this case Dyer,
Riddle, Mills & Precourt. He added a fourth member is the regulatory agency and
who in the City is responsible to see the permit conditions are met.
Mr. Shearer said the owner provides project financing and State project require-
ments, which were established several years ago, and defines the organization
of the supporting team, which is the relationship between the three parties, sets
up lines of communication and coordination, and when the project's constructed,
has responsibility to operate and keep it functioning. He said the constructor
or contractor's responsibility is to comply with the contract as it's proposed,
plan and enforce a site safety program, estab 1 ish means and methods of the
construction, pay subcontractors and suppliers, provide quality control on the
construction-related activities, insure code, permit requirements, and other
regulations are met, and protect public health, safety, and environment as
impacted by construction. He stated much of the design professional's
responsibility has been completed to date and that's in planning and design and
securing of permits and at some point during construction the design professional
working independent of the constructor, and working for Council, has to provide
services that relate to reviewing project progress, making and approving change
2 Council Regular Meeting Minutes
August 19, 1991
'-'
....,
NEW BUSINESS (Continued)
Construction management and resident inspection services for capital improvement
program projects with input from Mr. John Shearer with firm of Post, Buckley,
Schuh, & Jernigan. Inc. (Continued) and acting as Council representative in the
field. He added that can be limited involvement or total involvement to see that
contract conditions are carried out. He said a City similar to ours would rely
heavily on the design professional to provide most services required during
construction and that can be provided by Dyer, Riddle, if that's Council's
decision. He pointed out if they choose to use another firm, there will be some
difficulties because at the completion of construction of the water plant, water
lines, sewer lines, and wastewater facility, the engineer of record will have
to certify to appropriate regulatory agencies to meet permit conditions that
facilities were constructed in substantial accordance with permit conditions.
He said with the wastewater treatment plant that means the plant will function
according to permit conditions and can provide effluent limits that will be
required under State law. He added that a firm such as Dyer, Riddle being the
engineer of record or design would have little difficulty if they were proceeding
through the construction phase of the project to provide certification to the
State and to Council, but to bring in another firm to provide that certification
may cause problems. He explained that firm would have to get familiar with
proposed plans and specifications, review contract documents, and satisfy
themselves if the plans as constructed would work properly and that would cost
money. He added in his experience this has caused numerous problems in the field
because as construction progresses you encounter numerous conditions that were
not anticipated in the design document.
Mr. Shearer noted when the eng i neer of record is the des i gn eng i neer , the
problems can be worked out fairly cleanly and when it's not, they tend to blame
the other engineer for shortcomings. He said at this late stage they would need
to have an overwhelming reason to change engineers at this point. He added the
City can choose to be their own project representative in the field and have
limited input by the engineer of record to provide minimum inspection in order
to certify construction to the appropriate regulatory agencies, but that puts
an enormous burden to be on site and take full responsibility to see all
contractors are proceeding properly and payments are made in a timely manner.
He pointed out he doesn't know details of our situation and he's giving a fairly
generic description of what could take place in any other city.
Councilman Hays thanked Mr. Shearer for coming. He stated we have design for
a really nice program and have financing in place and some of the issues that
have come up is where to go from here and what the next logical step would be.
He noted everyone seems to approach it differently and some want a turn key
operation and others want to break up a project and bid it in phases. He asked
when you get into engineering in the field, how many cities or what percentage
use a third party representative as go between. Mr. Shearer replied there are
three parts of the team, the constructor and owner and design professional, and
most large cities have their own staff and they act as resident representative
and represent the owner and the engineer of record design professional would
provide limited observation to satisfy himself the project is designed
appropriately. He said on the other extreme, most smaller communities have a
partnership with the design professional and work closely with him and let him
handle most of the field responsibilities and he serves as the owner's resident
project representative. He noted some communities have tried to do design built
where the owner says that's what I want and a constructor will come in with a
designer on his team and design the project and build it and then turn it over
to the City to operate it or operate it himself. He said the last 3 or 4
projects of these types that have been tried, for one reason or another have been
abandoned midway through the bidding process.
Mr. Shearer stated there's some concern in the law with local government being
able to go to turn key, it's done often in the private sector but they deal with
different rules and laws. Councilman Hays said with a project of this magnitude
he'd think they'd run into change orders and changes in design or redesign, and
when that happens, they usually kick up the cost to the consumer and you figure
in a little of this in the price. Mr. Shearer explained there will be change
orders because construction plans are best representation of what conditions
exist in the field and some will be different when you encounter them. Councilman
Hays asked if the design engineer is in dialogue with the constructor as to who
meets the need or is it good to have a third person representing the owner rather
than the design engineer. Mr. Shearer replied the design engineer does not
3 Council Regular Meeting Minutes
August 19, 1991
'-'
...,
NEW BUSINESS (Continued)
Construction manaaement and resident inspection services for capital improvement
proaram projects with input from Mr. John Shearer (Continued) represent himself
or the constructor, but the owner as it relates to design, and for construction
he could serve as resident project representative or an independent third party
or member of City staff could serve, but it's best for a project this size to
have someone with construction experience. He said to go to a third party is
logical and can be done and you can hire a third party construction management
and some firms do that solely and are very good at it. He pointed out they'll
have to consider how the loan's set up to be repaid and if part of the project
cost is resident project representation services during construction that's not
the engineer of record or done by the City, the DER has to satisfy themselves
they are not overpaying for construction services. He said if Council doesn't
feel comfortable with their engineer and hire another construction manager which
inflates the cost you may run into problems with DER and EPA on the loan. He
noted you have to maintain open communications with the three parties and
regulatory agencies and the person who manages construction, no matter who it
is, has to be a very good communicator and understand construction.
Councilperson Gi llespie asked if hel s referring to two or one handl ing both water
and wastewater. Mr. Shearer replied there are many ways to break this up and
there are at least two major projects with water and wastewater and generally
the plant will be different from the collection system. He said with each
project a unique situation presents itself and if they're all done at one time,
it will be an enormous task and you might have a project manager and expand it
out and do it over time. Councilperson Gillespie said they1re doing everything
at one time. Mr. Shearer asked how many contracts they have. Councilperson
Gillespie replied 3 each. Mr. Ferland explained there are 4 for the collection
system so it's 7 or 8 and they overlap. Councilperson Gillespie stated she wants
to know where to go to do the best with the public's money.
Mayor Wessler asked what he thinks the City should do. Mr. Shearer replied he
hasn't studied the contracts but every contract you let presents a unique
opportunity to do a good job.
Councilman Hays stated he doesn't want Mr. Shearer to give opinions, but just
options and what other cities do. He asked if they hire an engineer as an
employee of the City working for a Department Head, or use Dyer, Riddle, Mills
& Precourt through the whole project and let them police their own work and
manage and administrate it. Mr. Shearer replied one extreme would be to allow
Dyer, Riddle to serve as the resident project representative throughout the
whole project, just continue the way they've been going and give them authority
to represent the City and report to Counci 1, and the other extreme is to
terminate the relationship and hire another engineer and let them have the same
general authority, but from what he understands, that's not a good option. He
added the first option would work and they have multiple projects and when
building a wastewater plant, it's different from putting lines in the ground,
and the plant will require a much more experienced resident representative than
a water or sewer line job. He said in between might be Dyer, Riddle dealing with
construction of the wastewater plant and water plant and a City employee under
supervision of the City Engineer dealing with line work. He said there are
multiple contracts that can be structured differently and they need to make a
distinction of putting lines in the ground and plant work. He noted lines are
where most of the complaints will come from citizens with cutting cable service
and rerouting traffic. He noted the middle ground could include 1 imited
observations by a third party and that firm could deal with the water and
wastewater plant, let the City representative deal with water and sewer lines,
and Dyer, Riddle to be retained for at a minimum some limited service during
construction so they can certify the water and sewer plants back to the
appropriate regulatory agencies.
Councilperson Martin asked if it's advisable to bring in construction engineering
professionals to transmit those designs to good engineering projects. Mr.
Shearer replied if they terminate the relationship with this engineer and bring
in another, that engineer would have to take ownership and responsibility of
construction and design plans already prepared by Dyer, Riddle and for that
engineer to seal and certify it he will have to get familiar with the design and
may not agree with some design parameters and elements of that construction plan
and it's very expensive to hire someone allover again.
4 Council Regular Meeting Minutes
August 19, 1991
.....
...,
NEW BUSINESS (Continued)
Construction manaaement and resident inspection services for capital improvement
proaram projects with input from Mr. John Shearer (Continued) Mr. Shearer added
he doesn't know of any reputable engineer that will walk in and start building.
Councilperson Martin stated they always have a back up and with the same company
putting in a design they should have someone representing the City to insure he's
constructing it, and who would do it at that point. Mr. Shearer explained there
are the owners, the design professional, and constructor, and the design
professional has no contractual relationship with the constructor, he has a
contractual relationship with the owner and that person would represent the City.
Counci lmembers thanked Mr. Shearer and expressed their appreciat ion for hi s
presentation.
CONSENT AGENDA
Over, Riddle, Mills & Precourt, Inc. request to advertise for bids for Florida
Shores Capital Improvements Phase 1 - Councilperson Gillespie asked to remove
the item from the consent agenda because Phase 1 includes effluent return and
they received a memo from the Acting City Manager regarding it and she returned
hers with preference options but they haven't discussed it before the public and
cannot discuss it themselves, so she'd prefer tabling it to the next meeting.
Mr. Ferland explained the advertisement includes the project with effluent or
reclaimed water lines in Phase 1 as projected and they can remove the lines they
don't want to put in if they decide to stay with 25%, or put them all in. He
added to table or hold off will only delay it and it has no impact if they choose
option 1, 2, or 3, as bids are for the total program and it's up to Council to
cut out what they want to. Councilperson Gillespie suggested they discuss it
at the end of the meeting. Councilman Hays suggested it be after items 7.A and
B under unfinished business.
NEW BUSINESS
Fire Chief's request to purchase remainder of components needed for breathing
air cascade svstem from Poseidon Air Svstems at cost of $2,800.00 - Council person
Gillespie asked Chief Vola to explain why it was separated under the bidding so
noth i ng reached the cap to go to bid as she 1 i kes everyth i ng from the same
company with a bidding procedure. Fire & Rescue Chief Bill Vola explained the
tanks were an advertised special through a tank manufacturing company, not a
vendor, and due to cost overruns they got them at about 45% of what they'd have
paid under any other circumstances. Council person Gillespie asked if he's
referring to breathing air systems, filling with SCBA tanks that he discussed
with them last year at the Library. Chief Vola replied yes. Council person
Gillespie stated she thought he was going out for bid for the whole system.
Chief Vola explained his intent was to go as a single bid but when they got the
opportunity to save money by not going to bid, that's why he bought it the way
he did, and they bought strictly the steel tanks from the manufacturer, the rest
is being bought basically under bid. He said price quotations vary but they're
under what they anticipated spending as they budgeted $5,500 and prices are 10-
12% under that. Councilman Hays moved they accept the Fire Chief's request to
purchase. Councilperson Martin seconded the motion. Motion CARRIED 4-1.
Councilperson Gillespie voted NO.
Construction management and resident inspection services for capital improvement
program projects with input from Mr. John Shearer with firm of Post, Bucklev,
Schuh, & Jernigan, Inc., Engineers from Winter Park - This item was moved up
earlier on the agenda - see pages 2, 3, 4, and 5 of these minutes.
NEW BUSINESS
Volusia Count v Animal Control Supervisor's presentation on spay and neuter rebate
program - Sallv Moore, Chairman of Volusia County Animal Control Board, stated
they're not asking Council to change the animal control laws but they want a
universal tag system for Volusia County so when you go to the vet for a rabies
shot you'd purchase a County tag and the money is going into a rebate program
for spaying and neutering and you receive $25 rebate from the County. She said
they have an accounting now with a computer that will handle the tag numbers of
all animals in Volusia County. She noted the City's paying $15,000 to the Humane
Society now and Volusia County pays $34 an animal and if the animal is destroyed
you don't recover any of that money but if the animal's returned to the owner,
the owner's fined and that money.s returned to City coffers. She stated animal
owners should bear responsibility of owning pets and it's a problem nationwide
and if this program is followed, there would be universal tags and cats and dogs
5 Council Regular Meeting Minutes
August 19, 1991
'-'
...""
NEW BUSINESS (Continued)
Vo 1 us i a County An ima 1 Contro 1 Supervi sor IS presentat i on on spay and neuter rebate
proaram (Continued) would be registered. She added they're trying to decrease
the number of animals that are being put down at the Humane Society. She
introduced Mr. William Foster.
Bill Foster stated about 17,000 animals are destroyed annually in Volusia County
and that shouldn't happen. He said they've issued about $2,500 in rebates with
the spay and neuter program, which is about 7,000 animals a year, and that will
be effective further down the road. He noted they're recovering about 57% of
the rebate program from license sales in the County, they spend about $70,000
and recover about $40,000. He said for Edgewater's population, at a cost of
$6,900 a year, with projected license sales they'd recover about $3,900, and they
spend $15,000 at the Humane Society now. He reviewed the numbers of sterilized
animals over the last 4 years the program's been in effect. He said they're
requesting $6,900 up front and to start the licensing program immediately then
at the end of every quarter the City would get a report on license sales and at
the end of the year there would be a refund of license fees that came in.
Mayor Wessler asked for input from our Animal Control Officer. Rhonda Schindler
stated she sees problems with pet overpopulation every day with calls for kittens
and puppies and they sold 753 licenses last year at $5 per license and this year
have sold 526 to date. She noted this would encourage people to get pets tagged
which is another problem she's having. She stated she's 100% behind this
program. Councilperson Gillespie stated she spent 7 years on the Humane Society
Board and they introduced this at that time and it's the best solution.
Councilman Hays suggested they consider it in the budget process for next fiscal
year. Mayor Wessler thanked Ms. Moore and Mr. Foster for their presentation.
Edward Elder stated he just paid $5 for a license and asked if people who paid
will have to pay again. Mayor Wessler asked if that will be taken into
consideration. Mr. Foster explained when they renew next year they'll pay for
the County tag and not a City tag.
Ms. Schindler asked who they'd call to run a tag if someone finds an animal.
Mr. Foster replied they have a toll free number and the dispatcher will look it
up on the computer and have the answer in seconds. Ms. Schindler asked about
week-ends and nights. Mr. Foster replied they've talked with the Sheriff's
Department and they're willing to put the program in and that department could
be called in the middle of the night. Chief Schumaker asked if Council wants
him to prepare figures for the budget. Mayor Wessler replied yes.
ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS
First Readina:
Ord. 91-0-9 Amendina Ord. No. 90-0-35 the final budaet ordinance - Mayor Wessler
read the ordinance. ORD. 91-0-9 - AN ORDINANCE AMENDING ORDINANCE NO. 90-0-35,
THE FINAL BUDGET ORDINANCE OF THE CITY OF EDGEWATER, VOLUSIA COUNTY, FLORIDA,
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1990, AND ENDING SEPTEMBER 30, 1991,
BY AMENDING CERTAIN REVENUE AND EXPENDITURE ITEMS OF THE GENERAL FUND AND CERTAIN
REVENUE AND EXPEND ITURE ITEMS OF THE SELF - I NSURANCE FUND; SHOWI NG A MORE
DETAILED BREAKDOWN BY "EXHIBIT A"; CONTAINING A REPEALER PROVISION; CONTAINING
A SEVERABILITY CLAUSE, PROVIDING FOR PUBLICATION OF THIS ORDINANCE, AND PROVIDING
FOR AN EFFECTIVE DATE. Councilperson Gillespie moved to accept 91-0-9.
Councilman Hays seconded the motion. Motion CARRIED(~
Res. 91-R-41 Amendina Res. 91-R-22 by addina a territorial map to the Amended
Interlocal A reement creatin the Volusia Cit -Count Water Su 1 Coo erative
Continued from Jul 15 1991 - Mayor Wessler noted Clay Henderson had said held
be here to explain this map but he hasn't arrived. She asked Gates Castle to
explain it. City Engineer Gates Castle explained at the technical level they
wanted to put an exhibit into the agreement, that was referenced in the agree-
ment, and the way they arrived at these boundaries was discussed at the technical
level also. He asked if there's a problem with the boundaries. Councilperson
Gillespie stated there are three water items going on at one time and she wants
to be assured it's correct as is and doesn't conflict with 201 and doesn't
require any ordinances changes, or cause a problem with the Volusia City-County
agreement. Mr. Castle explained this is for an entirely separate issue strictly
related to the Water Cooperative and wouldn't have any effect. Mayor Wessler
read the Resolution. RES 91-R-41 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, AMENDING RESOLUTION NO. 91-R-22 BY ADDING A TERRITORIAL
6 Council Regular Meeting Minutes
August 19, 1991
'-'
...."
ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued)
First Reading: (Continued)
Res. 91-R-41 (Continued) MAP TO THE AMENDED AND RESTATED INTERLOCAL AGREEMENT
BETWEEN THE CITY OF EDGEWATER, FLORIDA, AND THE VOLUSIA CITY-COUNTY WATER SUPPLY
COOPERATIVE; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR
AN EFFECTIVE DATE. Councilperson Martin moved they approve. Councilman Hays
seconded the motion. Motion CARRIED 4-0.
Res. 91-R-47 Expressing concern to Florida Department of Community Affairs re:
process for small scale amendments to comprehensive plan Mayor Wessler read the
Resolution. RES. 91-R-47 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, EXPRESSING ITS CONCERNS REGARDING CHAPTER 9J-5, FLORIDA
ADMINISTRATIVE CODE, AND URGING THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS TO
REVISE THE PROCESS SET FORTH THEREIN FOR REVIEW OF SMALL SCALE AMENDMENTS TO
LOCAL GOVERNMENT COMPREHENSIVE PLANS IN ORDER TO REDUCE THE TIME AND EXPENSE
REQUIRED FOR PROCESSING SUCH AMENDMENTS; AND URGING THE DEPARTMENT OF COMMUNITY
AFFAIRS TO PROMOTE LEGISLATION AMENDING CHAPTER 163, PART II, AS NECESSARY TO
PERMIT SUCH REVISIONS TO CHAPTER 9J-5; REPEALING ALL RESOLUTIONS IN CONFLICT
HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hays moved they accept
91-R-47. Councilperson Martin seconded the motion. Councilperson Gillespie
stated this deadline was July 1st and she spoke at the DCA hearing on this, and
there was no staff present, but they can send it on up. Planning & Zoning
Director Mark Karet explained he spoke with DCA staff and they're in part of a
much larger process of revising 9J-5 and looking at additions to 163 and they
indicated any comments the City wishes to make would be appreciated. Mayor
Wessler noted this was brought up at the July VCOG meeting. Mr. Karet pointed
out VCOG reviewed it after that. Councilperson Gillespie stated the County
Council was represented by Vicky Jackson when she spoke. Motion CARRIED 4-0.
Res. 91-R-48 Authorizing revised application for State Revolving Fund loan.
providing assurances. establishing pledged revenues. designating authorized
representative. authorizing execution and delivery of revised agreement and
establ ishing authority to undertake the project - Counci lperson Gi llespie
requested Mr. Ferland's input. Ron Ferland, Vice President of Dyer, Riddle,
Mills & Precourt, Inc., stated there are four items and they are basic
informational items for the public as well as Council. He noted there was
concern about lift stations when a power outage occurs and the response to the
permitting agencies is there will be a mobile generator purchased that will be
able to travel from lift station to lift station and they calculated to insure
there1s storage to go from one to another and that power supply is included in
the project. He said DER suggested flow projections of 325 GPD per residence
but they used 225 based on 90 gallons per capita per day based on 2-1/2 people
per home. He added the third item is the bond resolution in this document is
the excerpt resolution he took from the Official Statement, Series 1991 Bonds,
but they passed another Resolution, 91-R-42, that will be included in this
application and that lists the size of the bond issue that actually completed
at $13,580,000. He explained the last issue, which is not directly related to
the loan application, is an October 1 deadline for prepayment and to convey to
Council that date is flexible and they may want to change it to accommodate
people who want to prepay and it won't impact the loan. Mayor Wessler read the
Resolution. RES. 91-R-48 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, AUTHORIZING REVISED APPLICATION FOR A STATE REVOLVING FUND
LOAN, PROVIDING ASSURANCES, ESTABLISHING PLEDGED REVENUES, DESIGNATING AN
AUTHORIZED REPRESENTATIVE, AUTHORIZING EXECUTION AND DELIVERY OF A REVISED
REVOLVING LOAN FUND AGREEMENT, AND ESTABLISHING AUTHORITY TO UNDERTAKE THE
PROJECT; AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hays moved they adopt
91-R-48. Councilperson Gillespie seconded the motion.
Ben Vasquez stated he resides at 1907 S. Atlantic, New Smyrna Beach, with vested
interest in Edgewater representing his mother-in-law Bessie Trombetta. He asked
that the record show they oppose the special assessment program in Florida Shores
on the grounds the City Attorney who drew up the documents cited Chapter 166 and
170 as the means to execute the special assessment program and they differ on
that. He called to Council's attention a law case on the books that if you don't
adhere to Florida Statutes, you cannot collect this tax and there1s no way the
people have to pay this money. He said Council can take the people to court and
the court will rule in their favor. He noted there's always a first, and a
Mayor in New Smyrna Beach sniggered at him and when the Federal authorities came
in, he 1 eft town, and he hopes to accomp 1 ish that here one day. He stated
Council never instructed the City Attorney to ask for a declaratory action in
7 Council Regular Meeting Minutes
August 19, 1991
'-
...,
ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued)
First Readina: (Continued)
Res. 91-R-48 (Continued)
court and that only proves to most people that this program is illegal or they
would have requested it. He added he'll continue to fight to the end and when
it's over, the courts will rule in someone's favor.
Motion to adopt 91-R-48 CARRIED 4-0.
Res. 91-R-49 Appointina one member to Industrial Development Board due to
expiration of term of Nancy Swiney - Mayor Wessler asked to reappoint Nancy
Swiney. Councilperson martin seconded the nomination. Mayor Wessler requested
a motion to appoint. Councilperson Martin so moved. Councilperson Gillespie
seconded the motion. Motion CARRIED 4-0. Mayor Wessler read the Resolution.
RES. 91-R-49 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER,
FLORIDA, APPOINTING ONE MEMBER TO THE INDUSTRIAL DEVELOPMENT BOARD OF THE CITY
OF EDGEWATER, FLORIDA; PROVIDING FOR A TERM OF OFFICE; PROVIDING FOR RIGHTS,
PRIVILEGES AND RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH
AND PROVIDING FOR AN EFFECTIVE DATE.
Res. 91-R-50 Appointina two members to Citizen Code Enforcement Board due to
expiration of terms of Georae Cowan and Jeffrey Lanae - Councilperson Gillespie
asked to leave this open since this was Councilman Jones' appointment. Mayor
Wessler suggested Councilperson Martin appoint one, and noted George Cowan
expressed that he wants to stay on that board. Councilperson Martin asked to
reinstate George Cowan to the Board. Council person Gi llespie seconded the
motion. Motion CARRIED 4-0. Mayor Wessler read the Resolution. RES. 91-R-51 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, APPOINTING
TWO MEMBERS TO THE CITIZEN CODE ENFORCEMENT BOARD OF THE CITY OF EDGEWATER,
FLORIDA; PROVIDING FOR TERMS OF OFFICE; PROVIDING FOR RIGHTS, PRIVILEGES AND
RESPONSIBILITIES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING
FOR AN EFFECTIVE DATE. It was agreed to carryover the other appointment until
Councilman Jones could be present.
Res. 91-R-51 Cancellina reaular Council meetina of September 2. 1991. due to
Labor Day holiday and rescheduling to August 28. 1991 - Mayor Wessler read the
Resolution. RES. 91-R-51 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, CANCELLING THE REGULAR SCHEDULED MEETING OF THE CITY COUNCIL
FOR SEPTEMBER 2, 1991, DUE TO A NATIONAL HOLIDAY AND RESCHEDULING TO AUGUST 28,
1991; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN
EFFECTIVE DATE. Councilperson Martin so moved. Council person Gillespie seconded
the motion. Councilman Hays questioned why this is done. Ms. Clayton suggested
it could be placed on the agenda but not be by resolution. Motion CARRIED 4-0.
Mayor Wessler called a recess at 8:18 p.m. and called the meeting back to order
at 8:31 p.m. She introduced Big John and Phil Giorno of Volusia County Council.
Bia John, Volusia County Council member at large, stated they came to this
meeting to see if Council wanted to talk with them about anything and to see if
they could help with the golf course. He stated Nikki Clayton is an outstanding
lawyer and is known throughout the State for legal knowledge. He said he met
with the Boy Scouts in Oak Hill and they were talking about the problems with
Mosqu i to Lagoon. He asked if there I s any way to get the go 1 f course go i ng
because economy is one of the worst problems in Volusia County. He stated the
#1 export in Volusia County is children because there are no jobs, and the golf
course will attract tourism. Councilperson Gillespie stated they were under
water at 35th and 36th and since they'll get cooperation from the County, the
County can pursue it where it touches the 455 acres. Big John stated he thinks
the private sector is really the answer and government/private sector cooperation
is the answer. He reviewed the median incomes in Volusia County, with 54% being
under $25,000. He said they need to find commercial property and commercial
development will solve part of the problem. He noted there was never a
stormwater ordinance in Volusia County and Holly Hillis had it 4 years.
Councilperson Gillespie noted Edgewater's had it 2 years. Big John said theirs
is coming to Council in October and helll vote for it and it will be a start to
solving problems. He added the golf course is a wonderful place for stormwater
and they need ponds and canals. Councilperson Gillespie said the golf course
is coming back and they've filed a new application. Mr. Karet agreed. Big John
stated he knows Mark Karet and he's a nice passive planner who knows he doesn't
have to fight Volusia County to win. Councilperson Gillespie suggested they
8 Council Regular Meeting Minutes
August 19, 1991
~
...,
BiQ John (Continued) come back in October when the golf course is on the agenda.
Councilman Hays stated he had a call this afternoon from a man on Roberts Road
on the North side next to Meadow Lakes Subdivision. Mayor Wessler said she
talked with Big John and Tom McClelland this week and they said a letter was sent
in March, 1990, that said Roberts Road was our road and our City never replied
to that, but according to them, it is our road. Councilman Hays stated he wants
to know whose responsibility it is. Big John said the City doesn't have money
for roads, no City does, and in the past it wasn't known that storrnwater
connected to existing roads. He reviewed the number of roads County maintained
and those privately maintained, and noted the storrnwater ordinance will help in
this area but they'll have to prioritize Edgewater and he doesn't know if this
is the worst problem. He referred to the fires in 1985 when the City didn't have
rain. Councilman Hays asked if this is the City's road. Big John replied Public
Works took the position they would give the City the road when the City annexed
both sides, which is the cheapest way for them, and they never heard back, but
if there are problems, they'll try to work with the City. Councilman Hays stated
there are water management problems around the City in certain areas and part
is because for 7 years we've seen drought and fires and now we're going into a
rainy season. He added some people have water entering the house and at that
point it's a crisis and they have to prioritize that. He stated if you look at
the Turnbull Hammocks and down through Volco, perhaps moving roads could have
contributed to this. Big John agreed they developed poorly in the past. He
referred to a working relationship with Chief Schumaker on the DARE program.
He stated the taxpayers are common property and they should set up a water and
sewer service area and storrnwater service as the storrnwater drainage system will
have to come in and out of the City. He added they have impact fees for roads
and fire and police services should be dealt with that same way with the Chief
handling the area around Edgewater better than someone 40 miles away.
Phil G;orno, Volusia County Council District 5 representative, stated he used
to hear Edgewater was fighting with the County but now everything seems to be
going pretty good. He said they're still working on widening of Park Avenue and
buying rights-of-way and they've had problems on this side but they can get it
done on the other side for the children. He said they're also trying to find
a regional boat ramp in Southeast Volusia County and the law says they have to
pay assessed value. He noted they're looking at one near Godfrey Road and the
other South of Boston Whaler and may buy something in the next 2 or 3 weeks.
He predicted Edgewater will hold its own against New Smyrna Beach shortly with
the expansion rate and it's probably the Deltona of the East coast. He asked
anyone that needs him to call. Councilperson Gillespie expressed appreciation
for his assistance with Park Avenue and the street lights. Councilman Hays noted
he gets a quick response and has received a lot of help.
ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued)
Second Read;nQ:(Publ;c Hear;nQ)
Public Hear;ng on Department of Community Affairs Stipulated Settlement AQreement
on Comprehensive Plan with amendments recommended by land Development & ReQula-
tory Agency and Plann;nQ & Zoning Director - Councilperson Gillespie moved to
go to public hearing. Councilman Hays seconded the motion. Motion CARRIED 4-0.
Mayor Wessler requested public comments on the Agreement.
Dor;s H;ll, 112 Lincoln Road, asked if the Comp Plan is legal or not because she
thought the Attorney had made a determination it wasn't in effect. Planning &
Zoning Director Mark Karet replied the original ruling was in the absence of
determination by Volusia Growth Management Commission of consistency the Comp
Plan was unenforceable and after June 27th the Comp Plan was enforceable by the
City. Ms. Clayton explained enforceability depends on determination of
compliance by the Department of Community Affairs and this is a question that
occurs where the Plan was transmitted 1-1/2 years ago and has yet to be found
in compliance by DCA. She added the general rule is once the jurisdiction
adopts, even though it has to be reviewed and acted upon by another reviewing
authority, it is at least persuasive and usually binding against the adopting
author i ty even pr i or to the time the rev i ewi ng agency acts. She sa i d her
interpretation would be regardless of whether it's legally in effect or not, it
is certainly persuasive and actions pursuant to any considerations subject to
compliance with the Plan by Council and LDRA should be toward a view to the new
Plan that's before DCA. She added whether or not it's persuasive or binding,
she thinks it's at least persuasive and Council should be persuaded by what's
in the Comp Plan and take actions pursuant thereto prior to compliance anyway.
9 Council Regular Meeting Minutes
August 19, 1991
.....
..."
ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued)
Second Reading:(Public Hearing) (Continued)
Public Hearing on Department of Community Affairs Stipulated Settlement Agreement
on Comprehensive Plan with amendments recommended by Land Development & Regula-
tory Agency and Planning & Zoning Director
Ms. Clayton suggested each item under public hearing be taken separately.
Counci lperson Gi llespie moved to close public hearing. Counci lperson Mart in
seconded the motion. Motion CARRIED 4-0.
Mayor Wessler stated there are three alternatives, one is to go with LDRA, one
is from Planning and Zoning, and one is to send it as is. She said she prefers
alternative 3. Councilperson Martin moved to approve section 3. Motion DIED
for lack of second. Councilman Hays moved for alternative 1. Motion DIED for
lack of second. Councilperson Gillespie stated she filed three objections to
the Comprehensive Plan and has copies of the April 25th, June 15th, and August
2nd acceptances by DCA of her objections and none have been addressed by this
settlement so she cannot vote for something she already filed an objection to
on the other end. Mayor Wessler asked what happens if Council doesn't do
anything with this. Mr. Karet replied the agreement negotiated with DCA would
have to have action taken and that would essentially be alternative 1, since
alternative 3 was rejected, and alternative 2 was rejected by DCA. Mayor Wessler
asked if this has to be done this evening. Mr. Karet replied there is some time
element of concern to DCA and they went through a process of negotiating with
them to avoid an administrative hearing and if we don't execute this agreement,
we're in a position of: A) going back to DCA to negotiate some specific items
Council wants to have renegotiated, or B) saying we feel the Comp Plan is fine
as it is and need not be amended and therefore wish to face an administrative
hearing. He added if we approach DCA that we want to make some changes at this
point, we've made some representations to the hearing officer, and the latest
date was put on hold simply for the process of getting this agreement executed.
Ms. Clayton asked if the agreement recommended by LDRA relates to access for
old and new development. Mr. Karet said they want a distinction between old and
new development and DCA had concerns with that language and what new development
meant and how we'd define it and they felt they wanted language that didn't have
different rules for old and new. Ms. Clayton asked what the County accessibility
rules are. Mr. Karet replied it's in the agreement and he read an excerpt with
20% or 25 feet, whichever is greater, of the shore line. Ms. Clayton asked if
that's County language. Mr. Karet replied that's existing language from the
County's minimum standards and also language from City regulations but it was
not reflected in our Comp Plan. He said in order to satisfy one of DCA's
objections we indicated we had additional language and discussed that language
with them and they indicated it was appropriate and after discussion it was
decided to elevate that to the Comp Plan. Ms. Clayton asked how that deals with
lots of record. Mr. Karet replied they'd have to meet the rules as stated in
the Comp Plan and access would be limited to 25 feet or 20%. Ms. Clayton asked
if there'd be no construction on that lot. Mr. Karet replied no construction
in that portion of the lot that was designated conservation but there are no lots
currently that are adjacent to the Indian River that are designated completely
conservation and this is regulating access within that portion of the lot.
Ms. Clayton stated number 1 is the stipulated agreement with DCA as written with
existing language in the City's Code and the County's existing rule and it's to
be elevated to the Comp Plan. Mr. Karet explained number 2 was language that
reasonable access contain no more than 10% and new development for 20 feet for
existing platted lots. He said number 3 is his recommendation and it's to stay
with language as written but he gave the option to Council that if they agree
with LDRA, it has to be tightened up. He noted this new language is acceptable
to DCA and it's reasonable access shall include no more than 10% or 25 feet,
whichever is greater, and DCA would probably accept 20 feet as well, they just
didn't want this distinction of 10% for new development and 20 feet for existing
lots because they felt we could play with the definition.
Councilman Hays moved to approve alternative 3. Councilperson Martin seconded
for discussion and asked if alternative 3 restricts it to docks. Mr. Karet
replied it's 10 or 25 and continuing language is access facilities, docks, ramps,
etc. Mayor Wessler asked if that will make our regulations stricter than the
County. Mr. Karet replied yes. Councilman Hays said the County is 20 and 25.
Mr. Karet agreed. Motion CARRIED 3-1. Councilperson Gillespie voted NO.
10 Council Regular Meeting Minutes
August 19, 1991
'-"
...."
ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued)
Second Readina:(Public Hearina) (Continued)
Ord. 91-0-6 Rezonina 3.18 acres of property at 2120 S. Ridaewood Avenue from B-
5 Planned Shoppina Center District to B-3 Hiahway Service Business District
Councilperson Martin moved to open the public hearing. Councilperson Gillespie
seconded the motion. Motion CARRIED 4-0. Mayor Wessler read the Ordinance.
ORD. 91-0-6 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER,
FLORIDA, REZONING 3.18 ACRES OF PROPERTY AT 2120 SOUTH RIDGEWOOD AVENUE FROM B-
5 PLANNED SHOPPING CENTER DISTRICT TO B-3 HIGHWAY SERVICE BUSINESS DISTRICT;
DIRECTING THE CITY CLERK TO ADVERTISE THIS ORDINANCE AS PROVIDED BY LAW; AMENDING
THE OFFICIAL MAP OF THE CITY OF EDGEWATER ACCORDINGLY; CONTAINING A REPEALER
PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. She
requested audience and Council comments and there were none. She requested a
motion to close public hearing. Councilperson Martin moved to close. Councilman
Hays seconded the motion. Motion CARRIED 4-0. Councilperson Martin moved they
accept 91-0-6. Councilman Hays seconded the motion. Motion CARRIED 4-0.
Ord. 91-0-7 Amendina zonina text to allow churches in B-5 Planned Shoppina Center
District- Mayor Wessler requested a motion to open public hearing on 91-0-7.
Council person Martin so moved. Councilman Hays seconded the motion. Motion
CARRIED 4-0. Mayor Wessler requested audience comments.
David Tramiere stated he's the organizing pastor for Indian River Presbyterian
Mission, a part of Central Florida Presbyterian Mission, and they want to move
into Downtown Plaza. There were no questions of Pastor Tramiere.
Mayor Wessler requested a motion to close public hearing. Council person
Gillespie so moved. Councilperson Martin seconded the motion. Motion CARRIED
4-0. Mayor Wessler read the Ordinance. ORD. 91-0-7 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING APPENDIX A, ZONING, SECTION
606.04 (b), B-5 PLANNED SHOPPING CENTER DISTRICT, OF THE CODE OF ORDINANCES OF
THE CITY OF EDGEWATER, FLORIDA, BY ALLOWING CHURCHES AS A PERMITTED USE;
CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN
, EFFECTIVE DATE. Counci lperson Gillespie moved to accept 91-0-7. Counci lman Hays
seconded the motion. Motion CARRIED 4-0.
UNFINISHED BUSINESS
Recommendation to award bid for water transmission main project to Scott & Martin
Construction Co. in the amount of $1.266.666.66 - Councilman Hays stated this
item and the next one were taken off the consent agenda and he believes it's time
to evaluate the relationship with Dyer, Riddle, Mills & Precourt. He added it's
been a long relationship and they've done what's asked of them to the best of
their ability, they carried out the contracts and worked well with the City.
He noted the City's spent about $4 million with Dyer, Riddle with more to be
spent and he feels we need owner representation and an independent third party
that can act as a go between, someone to represent the City's interest when
issues of design and construction come about as they usually do on projects of
this size with change orders or redesign or whatever's necessary. He stated he
thinks Dyer, Riddle should continue as design engineer and engineer of record
and they've done a good job on this design but he feels they should award the
bid for the water main and plant but extend the start work in order to get
construction administration in place. He added by holding up the work until
construction administration is in place our representative will begin with the
project and this will give us time to bring our City Manager on board who should
be a part of this administrative process. He said they need to instruct Mr.
Munoz and Mr. Wadsworth to prepare the advertisement for RFP and they could
complete that by the end of September. He added they need to put together a CCNA
committee now and there are several well qualified people around the County that
are willing to assist with this. He stated they need to decide if they need an
in house resident inspector versus a contracted professional that can answer to
Council and City Manager versus another department head as a project of this size
needs well experienced personnel that can work with and advise staff. He added
they need a qualified owner representative for construction observation and they
should hold on the bids for Phase 1 pending completion of the above items. He
said it's better to delay start of the project a few weeks to be sure they have
a well thought out process to get taxpayers the most they can for the money.
11 Council Regular Meeting Minutes
August 19, 1991
......
.""
UNFINISHED BUSINESS (Continued)
Recommendat;on to award b;d for water transm;ss;on ma;n project to Scott & Mart;n
Construct;on Co. ;n the amount of $1,266,666.66 (Continued)
Councilman Hays stated he spoke with Mr. George Smith and Mr. Scott regarding
items A and B on Unfinished Business to see if they'd have problems with delaying
start work and both wanted to get started yesterday but after giving his feelings
on it, Mr. Smith said he could live with a delay because he needs time to get
some design and materials but Mr. Scott's is a different story because he has
materials in place and it would be more of a hardship.
Councilman Hays moved they award the bid to Scott & Martin Construction Company
for $1,266,666.66 subject to an extension of work of up to 60 days to allow for
placement of construction administration. Councilperson Gillespie seconded the
motion. Mayor Wessler requested a review from Gates Castle on construction
management and resident inspection that held explained to Council previously.
City Engineer Gates Castle stated his recommendation for construction management
of all the projects is they should keep Dyer, Riddle, Mills & Precourt and John
Shearer presented that to them this evening also. He noted the question was
regard i ng res i dent inspect i on of var i ous projects and he and Mr. Wadsworth
prepared a memo on this and their recommendation was on the water treatment plant
to hire a resident inspector through the City. He said the reason it works is
cost effectiveness, but he has no problem with the CCNA process and recommended
it be done parallel to advertising for the position. He added if it comes down
to a competency, there are people qualified to determine if they can find a
competent person to do resident inspection and they look at what it will cost
to have someone on staff do resident inspection compared to a company. He
explained an example from Delray Beach when the company that John Shearer
represented was consulting engineers there and they wanted $180,000 to do
resident inspection but they hired in house and paid the man $20 an hour and he
worked 60 hours a week and it lasted 18 months. He suggested they advertise to
see if they get qualified people and if they donlt, then go through CCNA or let
Dyer, Riddle do it, but there are a lot of professional people out of work that
could be used for resident inspection on this job and timing would be
appropriate. Mayor Wessler asked if they should delay it 60 days. Mr. Castle
replied they want direction from Council to advertise for resident inspector to
see what they might get. Councilman Hays asked if it's to the City's benefit
to have the resident inspector or construction team together before they start
construction. Mr. Castle replied in the other case he spoke of they gave the
resident inspector about a month on the job before the contractor hit the job
to become familiar with plans and specifications of the project.
Councilman Hays moved to award the bid to Scott & Martin Construction Company
for $1,266,666.66 subject to extension of start work of up to 60 days to allow
placement of construction administration. Councilperson Gillespie stated that
could be either to add or CCNA back up and he's not stipulating either way.
Councilman Hays said he thinks either way itls in the best interest that this
person be in place before they start breaking ground and doing the work and held
talked with Mr. Scott and he could start tomorrow. Mr. Scott confirmed they
could start soon. Councilman Hays noted there's a little time lapse to get
started but he thinks it would be important to do this.
Mr. Castle stated Mr. Wadsworth suggested utilizing people on board to do
inspections on the water transmission main similar to what was done on the U.S.
1 water main. Councilperson Gillespie asked if they have qualified personnel
in house to do that portion. Utilities Director Terry Wadsworth replied yes,
and that was his and Mr. Castle's recommendation, and it doesn't have the
complexity the plant will require. Mayor Wessler asked if he wants to spend
money to hire someone outside when Mr. Wadsworth said he has qualified people
in house. Councilman Hays said if this were the only project, held agree, as
they'll spend money to do this one way or the other, but if Mr. Wadsworth's
people will do it for free, that's fine. Councilperson Gillespie seconded the
motion for discussion and asked if they'd award the bid but hold for 60 days
while we come up with a solution to our in house problems with administration
and protection of the City's money. Mr. Ron Ferland stated they have 8 contracts
with CIP projects and each requires resident inspection services. He said based
on the original plan the impression he proceeded under is that resident
inspection services on the treatment plants, because of the high degree of
complexity, would be done with Dyer, Riddle personnel in the field. He added
12 Council Regular Meeting Minutes
August 19, 1991
....,.
....",
UNFINISHED BUSINESS (Continued)
Recommendation to award bid for water transmission main ro'ect to Scott & Martin
Construction Co. in the amount of $1.266.666.66 Continued) resident inspections
associated with transmission was intended to be done using City forces as done
with the North U.S. water main and they have done all the construction that
occurs within the Florida Shores improvement area and inspections of subdivision
improvements are conducted to make sure when you accept facilities they were
constructed to City standards. He said the Florida Shores portion reclaimed
water, gravity sewer, and water distribution was originally intended that the
City would need to hire 3 or 4 additional people to staff the wastewater
treatment plant for 7 days, 24 hours a day, and currently it's 5 days and 8 hours
a day, and to have those 4 people be field representatives with Dyer, Riddle
working with them to certify it meets the performance standards and was
constructed in accordance with design. He added that even with a City staff
person being resident inspector, it's a matter of who accepts liability for the
project being completed and if that inspector is a City employee the changes and
directives he offers will be the liability of the City and not the design
engineer. He pointed out change orders don't come about to make more money and
if he' s doing a change order because of field conditions or to accommodate
construction, that's part of what they're already paying him for with
construction management so he doesn't gain anything. He added there's an ethical
matter and they'd have pride that it would be built in accordance with their
design and will do everything they say it will do and that's what a contractor
is telling you he'll do based on the plans.
Mr. Ferland said it's his job as the City's representative, and he works for the
City and gets nothing from the contractor, to be sure the contractor gives what
the design requires and whatever changes he has to make for whatever reason then
they can accommodate those changes and be sure they're in conformance.
Mr. Ferland said he's not real enthusiastic about Mr. Castle's and Mr.
Wadsworth's proposals but can live with it. He noted he was administrator at
the Gainesville utility John Shearer referred to with an engineering staff but
here there is one City Engineer and some utility personnel they may be able to
free up, one or two, and they'll have to hire someone or go to CCNA or hire Dyer,
Riddle. He said if they choose CCNA for resident inspection, then Dyer, Riddle
would do construction management, and if they hire another firm for resident
inspection, then the City bears liability for any changes that may occur. He
added the resident inspector will wonder what the design should be and he'll
answer to his firm or the City and they've created a barrier to get the third
objective outside opinion and he doesn't know how much they want to pay for that
opinion but contends it will not be that objective. He pointed out if an outside
firm says the design will not work, then Council has to decide whether the design
is correct and the project will be delayed. Councilman Hays stated he didn't
indicate he felt there was any problem with the design. Mayor Wessler said he
means once they get in the field, if there's a problem with design. Mr. Ferland
noted it's someone else's perception.
Mr. Ferland added he's working on another job with resident inspection
subcontracted to him and it's a difficult situation and opens liability and
certification requirements that can or cannot be met. He said the bottom line
of the success of the City staff proposed program is going to be based on the
quality of the person you hire and if that personls competent the job will go
smoothly but thatls a chance you take when you do it that way and success or
failure would be directly related to the person you hire. He noted contract
documents say they have 90 days for the bid to be good and Scott & Martinis bid
date was June 24th and has about 30 more days to leave it open and the water
plant has approximately 45 days left and you can legally hold bids open. He
explained if they issue the notice to award the bid with Scott, held put together
his bonds and there will be contracts coming to the City either August 28th or
mid-September. He said with water transmission mains, the first phase is
improvements inside Florida Shores that will transmit water via 16" lines from
the North to the South end and the sooner they get it in, the more adequate the
fire protection to the school and the service to that area. He added the second
phase is to take the 1 i ne out 442. He sa i d the water plant has 45 days and
George Smith could probably obligate to 60 days but you still have that time to
issue bid award, bonds, and signing of the contracts. He said he understands
the reason for delay but the intent to award would make the contractors more
comfortable and won't hurt the time frame. He suggested they may want to issue
the intent to award with the understanding they'll not see the contracts for
signature until September. 13 Council Regular Meeting Minutes
August 19, 1991
.......
..."
UNFINISHED BUSINESS (Continued)
Recommendation to award bid for water transmission main project to Scott & Martin
Construction Co. in the amount of $1,266,666.66 (Continued)
Councilman Hays asked Mr. Castle how many projects of this magnitude he's been
engineer on. City Engineer Gates Castle replied a 12 MGD regional wastewater
treatment plant in Palm Beach County, 12 MGD expansion to a water treatment
plant in Delray, gravity sewers of about $3 million, Economic Development
Administration funding. Councilman Hays asked if he feels totally competent he
can handle this in the interim time without having this qualified person here
that they're talking about placing. Mr. Castle replied yes, if they get the okay
to advertise for a person and in the time sequence Mr. Ferland pointed out, it's
time for the contractor to get contracts together and site preparation work will
take time and getting materials on site. Councilman Hays asked if there are a
lot of engineers waiting in the wings. Mr. Ferland replied his firm has not laid
off many but he gets a lot of applications.
Councilman Hays amended his motion from 60 to 30 days. Councilperson Gillespie
seconded the amendment.
Ron Scott, President of Scott & Martin Construction, stated he's low bidder on
the transmission mains. He said he was caught off guard with this discussion
as in their experience it's unusual to use someone other than the design engineer
or a member of the City Utilities Department staff to monitor operations during
construction and the few times he's seen it done it was when they developed some
adversarial relations which turned jobs sour. He said this concerns him and
there are three players he I s used to and when he bids a job their company
evaluates the players and they've worked for the engineering firm several times
in the State and they're a leader in the field and have treated them fairly and
have a reputation for such plus they've worked in the City in years gone by and
the people have a good reputation and those were factors when coming up with this
bid and they trimmed it as much as they could. He asked about CCNA. Councilperson
Gillespie explained it's a competitive process to bring on line a selection of
firms. Mr. Scott stated when he bid the job they were told inspections would
be done by either the engineering firm or Mr. Wadsworth's group and either would
be fine. He added there's a potential entity that might dictate to them methods
that are totally unknown and he cannot say they'll be in concert or conflict with
the design engineer. He said he doesn't want to delay the process and is anxious
to get the contract and will work with the City for a start time and the 2 weeks
response he gave Mr. Hays is after the notice to proceed.
Councilman Hays stated the company has a good reputation and he called because
of concern and it wasn't determined if it will be a City representative or Mr.
Ferland, and he doesn't know who gave him that impression. Mr. Scott explained
that's how it's done in the industry. Mayor Wessler pointed out Gates Castle
and Terry Wadsworth gave their recommendations, the man from Orlando gave his
recommendation, and Ron Ferland gave his, but he has something to gain, and now
the contractor is giving his recommendation but Councilman Hays is choosing to
go against all the recommendations. She asked why they'd postpone 30 days.
Councilman Hays replied Mr. Castle said it would be to their benefit to have this
person on board. Mr. Castle clarified on the water treatment plant, but the
person is on board for the transmission main. Mayor Wessler stated the
recommendations are to use someone from the Utilities Department and asked if
there I s an object ion. Counc il person Mart i n asked if there I s someone work i ng now
that could do this job besides the job they're doing. Mr. Wadsworth replied yes,
his field supervisor and held have someone else fill in for him on day to day
duties, plus he and Mr. Castle will be very active on the project and will be
present. Councilperson Martin explained they're nervous about spending $40
million on the whole project and she'd like to see a CIP Committee put together
to be watch dogs on the money if no one objects to that. Councilperson Gillespie
said she has no problem.
Councilperson Gillespie pulled her second to the amendment for 60 to 30 days.
Mayor Wessler said she'd like to move to award the bid to this man and when
they're done, then go out and advertise for what Mr. Castle and Mr. Wadsworth
said for the other, and they don't need to stipulate that in the motion.
Councilman Hays stated the gentleman said it would be a couple of weeks and he
misunderstood. Mr. Scott said he's flexible on the days and they'll start when
Counc il wants them to and it I S usua lly about two weeks. Counc ilman Hays
explained this isn't meant to cause problems, but to solve them before they
became problems. Mayor Wessler stated everyone that gave opinions says if they
14 Council Regular Meeting Minutes
August 19, 1991
..,
..."
UNFINISHED BUSINESS (Continued)
Recommendation to award bid for water transmission main project to Scott & Martin
Construction Co. in the amount of $1.266.666.66 (Continued) place a third party
it will create more problems. Councilperson Gillespie stated it1s transmission
lines. Councilman Hays withdrew the motion. Councilperson Gillespie withdrew
the second. Councilperson Gi llespie moved to accept the bid. Council person
Martin seconded the motion. Motion CARRIED 4-0.
Recommendation to award bid for Alan R. Thomas water treatment plant project to
Wharton-Smith. Inc. in amount of $6.040.000.00 - Councilperson Gillespie asked
if there's a problem with Wharton-Smith concerning cost cutting. Ms. Clayton
replied Wharton-Smith was asked to review the design for a portion of the CIP
to see if they could find cost savings and they were given the plans and came
back with a recommendation which was considered by Council and that's separate
and doesn't affect validity of their bid and the process is quite defensible.
Mr. Ferland explained Wharton-Smith looked at the wastewater plant, this is the
water plant, and they haven't seen the water plant at all. Councilperson
Gillespie stated she wanted it on record so there1s no problem in the future.
Mayor Wessler passed the gavel to Vice Mayor Martin and moved to accept the
recommendation to award the bid, alternative #1. Councilperson Gillespie
seconded for discussion, and asked to include in the motion the recommendation
of staff to go out for advertisement. Mayor Wessler said she has no problem with
that and changed her motion to amend it to that. Council person Gillespie
seconded as amended. Mayor Wessler explained it's to accept alternative 1 and
go out and advertise for staff personnel as recommended by the City Engineer.
Councilman Hays asked if this staff person they're advertising for will be a
permanent staff person or only until the project is over, and is it an individual
or a firm. Mr. Castle replied the job description was a single person and
temporary and they have to advertise for resumes and it would be a temporary
employee for duration of the project. Councilman Hays expressed concern they
may not find the right person in 3 or 6 months and asked who will overlook the
project. Mr. Castle said if they cannot find someone to meet qualifications
theylll come to Council with alternatives, such as Dyer, Riddle or CCNA for
another firm to do inspections. Councilperson Gillespie asked the time frame.
Mr. Castle replied possibly 3 weeks.
Mayor Wessler asked if he feels the third person will cause a conflict. Mr.
Castle replied no, it will be a City employee reporting to him. Councilperson
Gillespie asked who will work with him on selection. Mr. Castle replied it would
be Terry Wadsworth and himself. Councilperson Gillespie suggested they have Pete
Hellsten and Joe Martin be privy to the applications. Mr. Castle said he'd
welcome it. Councilperson Gillespie said someone else will balance him out.
Councilman Hays stated the City Manager would be the ideal choice.
Motion CARRIED 3-1. Councilman Hays voted no, explaining there's nothing he
wants more than to see this get started.
(Consent Agenda item moved to this point on the agenda)
Over. Riddle. Mills & Precourt. Inc. request to advertise for bids for Florida
Shores Capital Improvements Phase 1 - Councilperson Gillespie moved to postpone
Phase 1 to the 28th for further clarification. Councilman Hays seconded the
motion. Mayor Wessler pointed out there's an advertisement in the newspaper on
the 20th. Councilperson Gillespie asked why it was sent prior to Council
approval. Mayor Wessler said when they had the special assessment approved she
thought this was part of the approval. Councilperson Gillespie stated they can
correct the ad to run the 29th or the ads can run and they can accept or reject
it but she wants the effluent situation settled before she votes on Phase 1 and
they need an ordinance in place and they don't have it. Mr. Ferland said the
reclaimed water distribution will be a dry line permit and you cannot use it
until the permit1s in place and the ordinance requirement is part of the
wastewater treatment plant process and the City staff is working on that. He
explained this is the schedule submitted to DER for the State Revolving Fund
program and it allows for a long bid time with bid opening September 24th and
award of bid in October and that was the reason to get it out quickly with 30
days bid period. He added the reclaimed water bid documents have flexibility
of whether they do 25, 50, or 100% and they can decide whatever they want to.
Councilperson Gillespie said they can reject any bid by law and Mr. Ferland
agreed. Mayor Wessler said if they advertise for I, 2, or 3, and they come in,
then they can remove one. She pointed out Council members had the time frame
that was sent to DER. Councilperson Gillespie withdrew her motion. Councilman
15 Council Regular Meeting Minutes
August 19, 1991
..
'""(
UNFINISHED BUSINESS (Continued)
Over. Riddle. Mills & Precourt. Inc. request to advertise for bids for Florida
Shores Capital Improvements Phase 1 (Continued) Hays stated Mr. Ferland wants
to get this going but he has real concern of who's controlling the project and
he thinks the tail is wagging the dog. Mayor Wessler asked who he thinks is
controlling the project. Councilman Hays replied we are not. Mayor Wessler
again pointed out this ad came to Council and they had dates for placing ads.
Councilperson Gillespie said they had tentative dates and they already changed
4 times and this is different from the ad. Councilman Hays withdrew his second.
Councilperson Gillespie said since Mr. Ferland assures them it won1t come until
September, they'll go ahead, and since the ads are paid for, but sheld like in
the future Council to have a rough idea of when an ad will go prior to approval.
Mayor Wessler said it was a breakdown of communication. Councilperson Gillespie
suggested they get it tied together. Mayor Wessler asked if anyt~ing will happen
before September 24th. Mr. Ferland replied there's a pre-bid conference
September 10th for ground rules and to answer questions. Council person Gi llespie
asked if this can be the 28th. Mr. Ferland replied yes and Council can make the
determination regarding the reclaimed water system. He explained September 24th
was when the bids are opened and between now and then questions will be asked
and people will buy plans and they can make the decision August 28th or they can
issue an addendum to clarify. He added they're bidding on 100% coverage and it's
the City's option to remove whatever they want. Councilperson Gillespie said
they can totally reject all the bids if the situation hasn't corrected itself
as far as design engineering is concerned. Mayor Wessler suggested it be on the
28th agenda to resolve it. Councilperson Gillespie said okay, and staff can come
up with the ordinance to get it by the September 1st deadl ine date. Mayor
Wessler requested a motion to approve or deny the request to advertise for bids
on the Phase 1 Florida Shores capital improvements program. Councilperson
Gillespie said shelll go ahead and make the motion since she knows she can throw
them out. Councilperson Martin seconded the motion. Motion CARRIED 4-0.
Report from Interim City Attornev on lease purchase agreement with Municipal
Sales and Leasing. Inc. re: Utilities Director's recommendation to award bid for
Wastewater Dept. Vactor Truck at $23.793.76 annually for 7 vears - Ms. Clayton
stated she spoke to Don Davenport and Brad Myers, the leasing Vice-President,
and they've made some changes to the document and one was release of an exhibit
that the City certify they wouldn't issue bonds in excess of $10 million and in
deleting that, it limited the ability for them to place the lease internally in
their financing program and produced an increase over the amount they have before
them. She said bottom line is she agreed with Brad Myers about corrections to
the documents and all she asked for has been done and the price is $66 increased
cost per month over 84 months, or 7 years, and the total increase was $5,559.96,
or a difference on an annual basis from $23,7. to $24,578, which is approximately
$800 a year. She exp la ined it I S because of the financing impact of the tax
reform act and the different way they can treat a municipal lease if you're not
issuing more than $10 million in debt and that is not true and the impact is not
absorbed by the company. She recommended they approve the lease as amended and
the increased cost. Councilperson Gillespie reviewed the figures and asked if
they can opt out at the end of one year. Ms. Clayton replied there was no opt
out. Mr. Davenport said there's a non-appropriation clause. Ms. Clayton said
they can terminate the lease only if they fail to appropriate. Councilperson
Gillespie said they cannot budget if they don't want to continue at the end of
one year. Ms. Clayton said she never looked at that as an opt out but they can
look at it as an opt out provision. Councilperson Gillespie said she wants to
look at it at the end of one year. Ms. Clayton pointed out they can purchase
the equipment at any time for the balance in lease payments. Council person
Gillespie moved they accept the recommendation of the Interim City Attorney on
this contract. Councilman Hays seconded the motion. Motion CARRIED 4-0.
Status report of CIP audit from Brent Millikan & Company
Mayor Wessler stated they received the letter on the status and asked if there
were any questions. Councilperson Gillespie stated she's satisfied with it.
County's response to sell shell pit property at Mango Tree Drive consisting of
35.382 + acres for $204.600 - Councilperson Gillespie stated she was disappointed
because she thought the County would donate it for $1.00 or other considerations
and she thinks we took the wrong approach. Mayor Wessler asked if they want to
use it for reuse. Councilperson Gillespie replied yes. Mayor Wessler said she
thinks if they approach the County about reuse they may do it. Councilperson
Martin stated when she was on LDRA the County approached us about using another
16 Council Regular Meeting Minutes
August 19, 1991
,...,.
""'"
UNFINISHED BUSINESS (Continued)
County's response to sell shell pit property at Mango Tree Drive consisting of
35.382 + acres for $204.600 (Continued) area as a shell pit, and if weld allow
them to do it, they'd turn over the one we're trying to purchase and renovate
it to almost normal and make a park out of it but Council at that time turned
it down after two presentations and now we're offering to buy what we could have
had free. Councilman Hays stated the pits are eroding and causing a loss of high
land and considerable fill will be needed and they're talking about the East side
of the pit where the housing development is. He added held approach it from a
different point of view as to if the property's worth $204,000 as itls eroded
towards houses and he thinks they can come to a better agreement with the County.
Mayor Wessler suggested they call and ask. Councilperson Gillespie suggested
the Mayor call before they leave Thursday or see them Saturday at the breakfast.
Mayor Wessler agreed shelll call tomorrow morning. Mr. Munoz stated he talked
with George Flack of the County after Councilman Hays brought it up June 3rd and
asked to get it free but they said no, but the City can buy it and to send a
letter, which he did. Mayor Wessler suggested they might get a different answer
if they approach the politicians, if the City wants that liability.
Councilperson Gillespie said they only need something big enough for effluent
reuse. Mayor Wessler said she thinks we can get them to take the reuse.
Councilman Hays noted this has park potential. Mr. Munoz pointed out it was
overflowing Friday when they looked at it and they were afraid of the
consequences of ditching it. Councilman Hays asked if they questioned the County
about that problem.
Joe Martin, Chairman of Industrial Development Board, stated he heard Big John
mention golf courses and effluent reuse to clean up the Indian River and this
item is about $5,000 an acre for 35 acres. He noted they've been talking about
PID and hels circulating a concept plan that helll present to Council. He added
the prices they refer to are comparable to a price per acre in the pro if you
look at the tax rolls and this is more than the PID, at least on the tax rolls.
He said the PID area would offer a place to use effluent, the City has to
maintain open spaces per DCA, and it will be an excellent place for an 18-ho1e
golf course and where they could store effluent. He suggested they not move
forward on this for $204,600 when it could go a long way to opening the PID and
get up some shops and give us a place to put effluent and not pick up liability
of the deep pit and erosion on Mango Tree. Councilperson Martin asked if the
Chamber helps in any way in trying to develop. Mr. Martin replied they gave
him names of people to talk with and he received help from Vo1usia County
Business Development Corporation and they made arrangements for him to travel
to Flagler County to talk about a municipally owned industrial area.
Counci1person Gillespie stated Mayor Wessler can see if we can get it without
buying it and Mr. Martin can get the rest of his information. Councilman Hays
suggested we tell them weill give them 98 cents.
Recommendation to award bid for City Manager/ City Attorney office space in rear
of City Hall - Mr. Munoz stated the initial recommendation was the second low
bid of $15,305.00 based on information he received that Capstone Construction
had no current comp card and had done work in the City without a permit but he's
discussed it with Ms. Clayton and those are not substantial issues to prevent
them from getting the award of the bid as low bidder. He stated instead of his
original recommendation of the second low bidder, in light of his conversation
with the City Attorney, he's recommending the low bidder, Capstone Construction
for $13,880.00, who has said he's ready to start very soon. Ms. Clayton
explained the technicalities that had been raised could be waived at the board's
discretion and would recommend it be waived because they weren't issues that
perta into qua 1 i ty or de 1 i verab il i ty of a product and there's a strong preference
to award to the low bidder unless you have compelling reasons that cannot be
corrected. Mayor Wessler asked if Council can waive. Ms. Clayton replied it's
requiring it be obtained. Mayor Wessler asked if Council has a problem with
waiving this and asked Council's pleasure to award bid to Capstone Construction.
Councilman Hays so moved. Counci lperson Gi llespie seconded for di scuss ion,
stating she wished they could do it in house and with the time spent going out
to bid the three men in Public Works could have done it. Mr. Munoz noted that
Councilperson Martin brought up that point today but those three people are not
organized to do that kind of work, they're not licensed electricians or air
conditioning people where expertise would be needed, plus theyld be devoted to
just that project and be away from their normal duties of maintenance of City
buildings and they're not construction people. He added the cost of the project
is a little high and Joe Martin reviewed the plans and determined there were some
17 Council Regular Meeting Minutes
August 19, 1991
~
......,
UNFINISHED BUSINESS (Continued)
Recommendation to award bid for City Manaqer/ City Attorney office space in rear
of City Hall (Continued) structural supports to be included in the design and
that cost more but it will be a better end product. Councilperson Martin asked
who reconstructed the Fire Department and did electrical wiring. Public Works
Director Carl Overstreet replied it was not Public Works. Fire & Rescue Chief
Bill Vola explained the firefighters did it under the supervision of the City's
licensed master electrician and followed his direction. Councilperson Martin
asked if the man who did it was a licensed electrician. Chief Vola replied no,
he was not. Councilperson Martin asked if they could do it for the room in the
back and asked why they have to spend $13,000. She added she thought it was
almost done and nobody had moved on it. Chief Vola explained some considerable
structural repairs have to be made and have to be done by a licensed contractor,
not by a handyman under the supervision of someone else. Brett Bannister stated
the bid was competitive because of lack of work and he wants to keep his men
working and they'll work at little more than the cost and other bids were up to
$29,000. Motion CARRIED 3-1. Councilperson Martin voted NO. Mayor Wessler
asked that it be done by September 16th.
Stormwater charqes related to vacanti undeveloped land - Councilperson Gillespie
stated she was disappointed with this and thought we could do it in house but
it appears we cannot so it's logical Dyer, Riddle would do it as they did back-
ground work and the public wants it on vacant land, but she isn't thrilled with
the way this is turning out. She added it's not to exceed $8,454 and Mr. Ferland
assured them they can recoup it in a short time. Mr. Ferland noted he's not
thri lled with~ing it either. Council person Gi llespie moved they accept
alternative ~ Councilman Hays seconded for discussion, and asked if we can
do it in house or $8,454. Mr. Munoz explained the scope of work shows just what
will be done and number of hours on the different tasks and it's not just getting
data on D-Base and moving it around. Mr. Ferland stated they'll get property
rolls of the undeveloped parcels located by tax parcel and determine if they're
predeveloped or natural state because the coefficient of runoff is different for
each. He added then they'll analyze the aerial maps and tax maps and determine
land area and take gross parcel methodology and determine equivalent drainage
units and multiply by the base rate that will be determined for vacant parcels.
He added they'll give the City a list of property owners and how much they'll
be billed with recommendations on how to bill, such as monthly or yearly, and
consider piggyback of County tax roll. Councilman Hays stated he cannot believe
the information is not available with the assessment. Mr. Ferland explained they
have the rolls just for Florida Shores and they didn't get data on vacant parcels
within the City limits and they have to get the data into a usable format with
Mark Pell. Councilman Hays asked if we need to budget and look at next year.
Mr. Munoz replied we have D-Base 3 and 4 but Brenda Johnson is the most expert
person we have and she doesn't know how to manipulate data and she took the
initiative to learn the software and in the future she'll become more informed.
Mr. Munoz added he's at a disadvantage with analysis and coefficients.
Council person Gillespie suggested City employees take computer courses offered
at the Junior College and the City pay for it. Mr. Ferland noted the computer
work is a minor part of the whole project. Mr. Munoz stated he responded to Mr.
Fong and he thought he wouldn't be billed for stormwater but he is. Council-
person Gillespie said she doesn't think it's much. Mayor Wessler suggested Mr.
Munoz send another letter. Motion CARRIED 3-1. Councilperson Martin voted NO.
COUNCIL/OFFICERS REPORTS
Interim City Attorney
Ms. Clayton had no report at this time.
Actinq City Manaqer
Mr. Munoz requested permission to publish this prepayment notice or something
similar immediately. Councilperson Gillespie moved to publish this immediately.
Mayor Wessler asked if the City Attorney and City Engineer reviewed it.
Councilperson Gillespie stated Ron Ferland did. Mr. Ferland said maybe citizens
can understand it. Councilperson Gillespie suggested it be on the door of City
Hall and asked if attachment A has been mailed. She stated she's requested
legality of sending information to out of State residents for the option for the
option to prepay and Mr. Ferland said we can kick the date back, it could be
October 15th, to give them some leeway. Mr. Ferland stated it could be kicked
back to November. Councilperson Gillespie stated several people said the CD's
mature October 5th and want to wait. She moved it be November 1 and give them
30 days extra. Councilperson Martin seconded the motion. Motion CARRIED 4-0.
18 Council Regular Meeting Minutes
August 19, 1991
, .
.....,
"",.,
COUNCIL/OFFICERS REPORTS (Continued)
Actinq City Manaqer (Continued)
Councilperson Gillespie moved they publish this and post it in available spots
around town. Councilman Hays seconded the motion. Motion CARRIED 4-0.
Mr. Munoz asked if they want to remail attachment A, adding they got some
returned mail and corrected addresses, and attachment A is a window envelope.
Councilperson Gillespie asked to mail it to the corrected roll and agreed to A
at the recommendation of Susan Wadsworth. Mr. Ferland explained re-sending
attachment A will accommodate the changes brought before Council at the special
assessment final resolution hearing and any changes received by the City Clerk
and the mailing cost is about $6,300. Councilperson Gillespie stated they have
to do this by law. Mr. Ferland clarified it's not by law. Councilperson
Gillespie clarified there's a moral obligation but it won't result in a suit.
Mr. Munoz pointed out the proposal is 6,028 mailed at 29 cents, worst case. Mr.
Ferland noted that includes envelopes. Ms. Clayton stated they should consider
an amended notice to everyone to advise them and be sure it has everything they
want to tell them and they could add information. She said they were noticed
by the legal ads and newspaper coverage but if you have additional terms, such
as prepayment changing from October to November and other adjustments should be
added. Councilperson Gillespie said people were going to appeal because they
made the adjustments if they said they would never build. Mr. Ferland explained
the revised attachment will reflect those changes. Council person Gillespie
noted 20 days is the 26th and they wouldn't meet the 20-day deadline for a change
but Council has a little managerial leeway. Mr. Ferland stated as part of the
assessment resolution they voted to accept those modifications and whether the
attachment is sent or not, the final roll needs to reflect those modifications.
He added an amended Attachment A is an appropriate course to take. Ms. Clayton
stated especially for additional items they weren't aware of. Councilperson
Gillespie so moved for another mailing and include this in the mailing with date
change to November 1. Councilman Hays seconded the motion. Motion CARRIED 4-0.
Ms. Clayton asked if anything is to be added. Councilperson Gillespie replied
legal clarification on one-sixth of paving restoration cost and asked staff to
look at whether it's a feasible option because she has a problem when they paid
one-third front foot assessment and paying again for restoration and are they
charging people on Riverside Drive for recapping. Ms. Clayton asked when the
6" lines feasibility report will be done. Councilperson Gillespie asked Mr.
Castle about water lines to be phased in over a 5-year period for fire safety.
Mr. Ferland said the design has fire safety put in on the East/West roads.
Councilperson Gillespie stated there's a loop around the outer shell of Florida
Shores that Mr. Wadsworth discussed with her. Mayor Wessler suggested Mr. Castle
check the minutes. Councilperson Gillespie said it was a feasibility study.
Ms. Clayton stated several items have cost impact on the program and suggested
we put it on a list and determine which are feasible and prioritize them.
Counci lperson Gi llespie noted 6" water 1 ines were in the 1988 report but were
taken from the CIP project to cut costs. Mayor Wessler asked where money would
corne from. Councilperson Gillespie replied itls phased in over 5 years from
general revenue water to bring us to State minimum standards and Chief Vola and
Mr. Munoz talked with the State Fire Marshall about this. Mayor Wessler
requested an opinion from the State on whether they need it North and South.
Councilperson Gillespie said 6" is minimum State standard for fire hydrants and
they don't care if you put it North/South or East/West. Mayor Wessler asked if
fire hydrants are on corners. Councilperson Gillespie said they could put lines
North/South to gain pressure and fire safety and fire hydrants should be mid-
block. Chief Vola said he can explain State standards and regulations to
Council person Gillespie. Mayor Wessler suggested they have someone attend a
meeting. Chief Vola explained the State Fire Marshal will not get involved in
a political issue. Councilperson Gillespie stated we have pressure gauges and
shelll prepare a diagram and present it to Council.
City Council
Councilman Hays stated he talked with Mr. Munoz about a problem with older houses
built in Florida Shores and those built the last couple of years raised higher
and there were swales and water's running into houses. He asked for an assessment
by Mr. Castle and Mr. Munoz to give people an answer and asked that 3116 Unity
be checked. Mayor Wessler suggested Mr. Munoz take Mr. Castle and Mr. Wadsworth
to the houses. Councilman Hays noted it's one thing when it goes into a house
and another to yards. Mr. Munoz said it's a requirement for new construction
that the swale go between the properties. City Engineer Gates Castle stated
19 Council Regular Meeting Minutes
August 19, 1991
. I'" ,
, .
..,....,
~~
COUNCIL/OFFICERS REPORTS (Continued)
C;tv Counc;l (Continued)
there1s a Code requirement that should be enforced by the building officials that
no water discharge from one site to another. Councilman Hays noted we didn1t
have the rains. Mr. Munoz asked about retrofit. Chief Vola replied that would
be tough but held defer it to Ms. Clayton. Councilperson Gillespie asked if we
can get permission from owners to go on their property. Mayor Wessler suggested
Gates Castle, Carl Overstreet, Bill Vola, and Mr. Munoz work on it. Councilman
Hays expressed caution with how far they go with homeowners.
Mayor Wessler asked about accepting Roberts Road and that they direct Ms. Clayton
to talk with the County about it. Councilperson Gillespie stated it's their bike
path that1s causing problems. Mayor Wessler requested Ms. Clayton talk with them
and get an answer of whose road it is. Councilperson Gillespie stated we need
clarification of title to the road.
QUESTIONS FROM PRESS
There were no questions from the press.
CITIZEN COMMENTS
There were no citizen comments at this time.
ADJOURN
Councilman Hays and Councilperson Gillespie simultaneously moved to adjourn.
Councilperson Martin seconded the motion. Meeting was adjourned at 10:52 p.m.
Minutes submitted by:
Lura Sue Koser
~~~\~~&J ~
EXCUSED
ATTEST:
~,~
- TY CLERK !
Approved th i s 7 day of
(j~ , 19~
..~...........&:;.,
~
20 Council Regular Meeting Minutes
August 19, 1991