02-04-1991 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
FEBRUARY 4, 1991
MINUTES
CALL TO ORDER
Mayor Tanya Wessler called the meeting to order at 7:02 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
City Manager Elly Johnson
City Clerk Susan Wadsworth
Police Chief Lawrence Schumaker
Present
Present
Present
Present
Present
Present
Present
Present
Present
INVOCATION. PLEDGE OF ALLEGIANCE
Reverend Dr. Tee, Edgewater Union Church, delivered the invocation. There was
a pledge of allegiance to the Flag.
PRESENTATION OF CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING
Jim Maniak, Past President of Florida Chapter of Government Finance Officers
Association, stated this award is one of the highest forms of recognition a unit
of government can achieve and a number of cities throughout the U. S. strive for
it. He said the report for the year ending September 30, 1989, meets the high
standards for the last 7 years and they were awarded a certificate for this
reporting period. He explained the report must clearly and fully indicate the
City's financial status and the report is judged by several peers in the
financial accounting industry, CPA's, educators, and those in the bond markets.
He stated this year approximately 750 out of 80,000 units have received this
award. He pointed out this award reflects commitments of several individuals
and reflects expertise and high professionalism by staff involved in preparing
the report. He presented the award to Mayor Wessler for the City. Mayor Wessler
thanked him. Mr. Maniak recognized Fred Munoz and Karen Rickelman who received
a certificate.
APPROVAL OF MINUTES
Special Meeting/Workshop of December 18. 1990 - Councilperson Gillespie noted
there wasn't an error but she wanted a couple of things added and the meeting
took so long but she wanted to put in that each Department Head is responsible
for the fixed assets they sign for, which is for the public's knowledge. She
moved to approve the mi nutes as amended. Counc il person Mart i n seconded the
motion. Motion CARRIED 5-0.
Regular Meeting of January 7. 1991 - Councilperson Gillespie moved they accept
the minutes of the January 7th regular meeting. Councilman Jones seconded the
motion. Motion CARRIED 5-0.
Workshop and Special Meeting of Januarv 14. 1991 - Councilman Jones moved they
accept the minutes of the workshop January 14th. Council person Gillespie
seconded the motion. Motion CARRIED 5-0.
CITIZEN COMMENTS
Mayor Wessler asked anyone who wants to speak about something on the agenda to
wait until that item on the agenda comes up and they can speak now on anything
not on the agenda already.
Florence Baker stated she serves on numerous community organizations in Southeast
Volusia. She requested Council's support on the regional library. She stated
a petition for a Southeast Regional Library was in the Observer in December but
the petition doesn't mention a site, just construction of a regional library to
be located in New Smyrna Beach. She stated at the January 9, 1991, meeting the
DBCC South Campus Citizens Advisory Committee requested President Philip Day to
send a letter to Friends of the Library to consider building a regional library
on the DBCC South Campus property. She stated it's imperative because students
attending the South Campus have no library facilities on campus and no place to
study. She noted requests for books and resource materials must be made to the
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CITIZEN COMMENTS (Continued)
Florence Baker (Continued) Daytona Beach DBCC Library. She stated on January
14, 1991, a presentation was made to the City of Oak Hill City Commission to
support the library on the DBCC South Campus and they voted to support it and
the following reasons were given: a shared use library facility would meet a
critical need for South Campus students who are future taxpayers and future work
force; a regional library tied into a State University Library system would be
an asset to all residents to get resource materials from University of Florida
or University of Central Florida; parking facilities would be far superior to
the proposed plan for the Brannon Library site; one-story on the DBCC property
would be less costly than two stories on the Brannon site; shared use would get
educational funds; and addition of a regional library on the South Campus would
enhance the rating of the college. She pointed out if they want the South Campus
to become a full service college, it's very important to support construction
of a regional library on that property. She said another concern is owners of
riverfront property are being restricted, so why is consideration given to
building a regional library on the Indian River. She said if they support this,
they should send a letter to Volusia County Council of Government, attention
Chairman Big John. She said if it's necessary to request Council to postpone
and set a referendum for the taxing district until they have a public hearing
scheduled for possible construction of a regional library on property offered
by DBCC, please send a copy of the request to Dr. Day.
Ken Millard, 238 North Riverside Drive, stated the Hospital District Board for
Southeast Volusia County recently raised taxes and held like to give them the
King George III award because every member is appointed through some mysterious
process and we have no vote and we have nothing to do with who is on it. He
explained King George III Award was known for taxation without representation.
He again said they can raise taxes and all we can do is write letters to the
paper or present a grievance to the Governor. He urged along with the
recommendation for the present board opening, they attach a letter outlining
their belief in taxation with representation and that they hope the Governor and
his staff will come up with a reasonable way to change the process because
appointment isn't really American.
CONSENT AGENDA
Police Chief's request to purchase Motorola radio system for Operations
Lieutenant's vehicle under Federal bid at cost of $2,689.50: Merit Board's
recommendation to change job descriptions for Service Worker I, II, and III due
to State requirements for Chauffeur's license - Councilperson Gillespie moved
they accept the consent agenda. Councilman Jones seconded the motion. Motion
CARRIED 5-0.
NEW BUSINESS
George Naill - Introduction of sovereignty for interest-free loans to support
capital improvement programs - George Naill, Royal Palm, explained sovereignty
deals with petitioning Congress to provide no interest loans to municipalities
with a strong need of development. He reviewed the background of sovereignty.
He said their sole objective is to bring petitions to Congress for no interest
loans from the Federal government to municipalities where it's needed. He stated
in October the United Taxpayers of Edgewater received a letter from Craig James
and there was a brochure directing attention to the sovereignty program. He
explained the program is trying to accumulate enough supporters from cities,
counties, and school districts throughout the United States to petition Congress
during this legislative period to authorize the Treasury to issue money. He
stated this is a right provided by the Constitution. He said they'd issue money
for loans to municipalities and it would be no interest and there would be a
program that would allow repayment of these loans. He said some people say
creating money would create inflation but this is not the case because as loan
payments come in, they retire the money. He said there are 4 school districts
in Florida, 3 counties, and 30 some cities ranging from Illinois and Missouri,
etc. He said he received a call from the head of sovereignty this past week and
he said they're going forward with this proposal to initiate sovereignty on the
no interest loans through the government. He said any effort they have ongoing
they're considering applying for a loan would be something that's approved by
the voters. He presented a video on the sovereignty program to Mayor Wessler
and noted it's about 55 minutes with an overview and it brings a good point about
recession coming and the need for some means of supporting the projects
throughout the community.
2
Council Regular Meeting
February 4, 1991
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NEW BUSINESS (Continued)
George Na;ll - Introduct;on of sovere;gntv for ;nterest-free loans to support
cap;tal ;mprovement programs (Continued)
Mr. Naill stated the League of Cities published in a bulletin that there's about
$70 million set aside for programs such as wastewater treatment, effluent water
systems, etc., and about 10% would be set aside for small communities less than
20,000 based on the 1990 census and Edgewater falls into that with a little more
than 15,000. He said this is new money that will be available shortly and the
State will control it and it requires a deadline of March 15th to get an appli-
cation in for this type of money. He said if there's an upgrade or expansion
of the existing system for wastewater and reuse, the effluent water system, they
just have to upgrade the cost report because they're already on file for the low
interest loan. He noted it addresses the 1992 phase 2 effort of the program.
Mr. Naill stated a new system, such as the effluent throughout the rest of
Edgewater, will require resubmitting an entirely new proposal and that's to be
done by June 1st. He said they're only going on line for consideration and they
should take a look at this. He said the City was forwarded a memo January 11th
and they should have it in house that explains the processes and procedures that
are required. He stated it's another source they may be able to proceed on.
M. B;ll;ck, Un;ted Taxpayers of Edgewater, re: Edgewater sewer system assessment
M;ke BnHck, 2528 Lime Tree, distributed an outline. He stated they had a
disagreement about the amount paid to Dyer, Riddle and since July 1, 1989, when
the City took out the $4.7 million loan until the middle of December Dyer, Riddle
received more than $2 million, or $100,000 a month over an 18-month period. He
explained the outline is a Florida Shores wastewater cost comparison. He stated
the Marshall/Dyer, Riddle Engineering Report of 1986 is included. He said #1
is the estimated cost of $7,456,967 for putting in the sewer system and present
day cost is $10 million. He said #2 is Dyer, Riddle 201 Facilities Plan of May,
1989, and that figure was $13,380,037, and item #3 from Dyer, Riddle's Project
Progress Report of November, 1990, was $14,660,000. He pointed out under 1A
there were 7 pumping stations in the Marshall report and 2A in the Dyer, Riddle
201 May, 1989, Plan had 19 pumping stations, and then the Progress Report of
November, 1990, dropped it down to 11 pumping stations. Mr. Billick stated at
the last meeting Council person Gillespie asked Mr. Ferland about 14 pumping
stations, but it was 11, and why the price didn't go down when the pumping
stations went down but she didn't get an answer.
Mr. Billick stated the piping on LB. in the Marshall report showed 304,770
linear feet and the cost per linear foot would be $24.50 and present day cost
is $32.80 per linear foot. He stated that's not what it will cost because
there's cost management of construction and resident inspection, which would be
3-5%. He said item 2.B. of Dyer, Ridd1els report had 373,575 linear feet and
they costed that at $35.82 a linear foot and then the Progress Report showed
linear feet dropped to 368,900 and it comes to $39.74 per linear foot. He stated
pumping stations dropped and linear feet dropped but costs went up.
Mr. Billick stated in Dyer Riddle's presentation they had a one time cost per
residence of $6,084 in Florida Shores but 4.A. has the cost at that time set up
per residence of $2,841 based on 100 linear feet for each residence and dividing
by 100 is $2,841 per resident on each side and then multiplying by 2, you come
up with $5,682. He questioned the difference in costs from $3,974 to $5,600.
He stated the second page in the summary of cost compari sons, based on the
presentation, the following conclusions apply: This presentation should not have
been prepared by UTE, but by City management. He said he was in management 40
years and still works part time for the Department of State in trouble shooting
and if held presented this to his boss and didn't give facts on both sides, he
would have been out of a job a long time ago.
Mr. Billick stated in the questions of Dyer, Riddle they asked about cutting fat
and they don't think there's such a thing as fat, but proper design and reliable
estimates, not inflated estimates, should result in lower construction costs.
He stated they have to look at the design. He asked why the price didn't go down
along with the linear feet and pumping stations.
Mr. Billick recommended Marshall Engineers should be contacted to clarify
conditions in their 1986 report because there are some things that might change
the costs. He asked them to provide an updated construction estimate for the
gravity sewer collection system. He asked if the gravity design is complete and
ready for bid, or does it have to be updated. He stated if it has to go to
3 Council Regular Meeting
February 4, 1991
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NEW BUSINESS (Continued)
M. Billick (Continued) design, it probably wouldn't benefit the City to change
designs because it's a costly thing. He asked if paving is considered in their
cost estimates, and if so, what are estimated costs with a breakdown of costs.
He said Marshall estimated average costs for pumping stations are higher than
Dyer, Riddle, and they need an explanation as to why. He noted Dyer, Riddle was
about $20,000 more per pumping station. He said inquiries should be presented
to Dyer, Riddle for clarification of why estimated costs for construction of the
collection system go up instead of down when linear feet and pumping stations
were reduced. He asked why the high estimated cost per 1 inear foot in the
January 7, 1991, presentation when estimated costs were lower in the prior
report. He stated costs probably don't have the 3-5% but they don't estimate
high and hope the bidders will come in low.
Mr. Billick stated Dyer, Riddle's 201 May, 1989, Plan doesn't specify what the
wastewater treatment plant is, new, upgraded, improvement, or expansion. He said
on January 7th Mr. Ferland stated several times it will be a new plant but it
doesn't say that in the 201 Plan. He said the $8 million dollar project should
be clarified.
Mr. Billick stated when Council receives answers, UTE recommends they have a
reliable independent consultant evaluate both firms' designs, plans, estimates,
etc. and provide a comprehensive report. He pointed out Greeley, Hanson did the
report that cost over $17,000 and they didn't even come to Edgewater. He asked
how they could determine the price and asked the process. He stated UTE did not
have time to evaluate the water or wastewater plant plans and costs associated
and UTE will review and analyze the programs and present an evaluation at a later
date. He stated they have a prob 1 em because a lot of these items are not
available at the Library, the Water Plant Engineering Report that's completed
and the construction plan for the water plant. He stated the wastewater treat-
ment plant engineering and construction items aren't in the Library and Mr.
Ferland said the Water and Wastewater Rate Study's in the Library but it never
has been. He stated the City should send these over and they should be in the
Library for inspection and people shouldn't have to come to City Hall to review
them. He said he'll answer any questions from the public after the meeting.
Mayor Wessler asked since there are so many items on the agenda if they could
move all appointments and lump them together so if people are in the audience,
they won't have to wait. There were no objections. Mayor Wessler stated in
appointing people to the Citizens Advisory Board and some other boards, she
doesn't feel they've had adequate orientation as to what these organizations are
for and who should be nominated for them and she doesn't think the citizens have
been made aware they could apply for these. She said if they only nominate from
the group they know, they wouldn't be doing the job they should. She asked Mr.
Johnson to come up with orientation about HUD and Citizens Advisory Committees
and bring them information on what their job is, the length of time for the
appointment, and when they meet because they don't know this. Councilperson
Gi llespie stated they were supposed to receive a briefing from all these
committees and when she talked to people on the Industrial Development Board she
asked them to schedule her for the briefing. She noted it's in the Charter for
the briefing and they didn't receive it. Mayor Wessler asked to put off the
appointments until they get the information. She stated some applications are
from 1989 and some people aren't living here any more. She asked if Council
objects to putting them off to the next meeting. Councilperson Gillespie asked
about MPO. Mayor Wessler said she's at VCOG and MPO meetings and doesn't think
they have a meeting before our next regular meeting.
Mayor Wessler requested a motion to put off appointments until the next meeting.
Mr. Johnson pointed out the City Manager doesn't have dealings with the boards
unless they call him for advice and never has a Council member told him to be
involved. He added they advertise for every position available but have not got
good response. Mayor Wessler asked about Boot Strap. Mr. Johnson said they can
do that. Mayor Wessler requested a breakdown and orientation on what they're
supposed to be doing.
Counc il person Gill esp i e asked about the Hosp ita 1 Board. Mr. Johnson rep 1 i ed Jack
Ascher 1 ca 11 ed and asked them to do it, and it's a recommenda t i on, not an
appointment, and he requested as soon as possible because they'll send it to a
group in Tallahassee for recommendation to the Governor. Council person Gillespie
suggested they exclude it from the postponement. Councilman Jones asked if it's
4 Council Regular Meeting
February 4, 1991
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NEW BUSINESS (Continued)
to table C and 0 to the next meeting. Councilperson Gillespie moved they TABLE
all appointments this evening except 6.E., the Hospital Board. Councilperson
Martin seconded the motion. Councilman Hays asked if it's tabled for the next
meeting. Councilperson Gillespie agreed. Mayor Wessler requested applications.
Mr. Johnson said the City Clerk does that. Motion CARRIED 4-1. Mayor Wessler
voted NO.
Appointment of representative to Citizens Advisorv Committee of Metropolitan
PlanninQ OrQanization due to resiQnation of Dominick Fazzone; Appointment of
two citizens to Operation Boot Strap Committee for East Volusia under Quide-
lines of HousinQ and Urban Development. Section 8 ProQram - These items were
tabled until the next regular meeting.
Recommendations to fill position on Southeast Volusia Hospital District Board
due to expiration of term of Dave Severance - Councilperson Gillespie stated
based on the action of the Hospital Board, she moved they also endorse Dave
Severance back onto the Hospital Board, this was forwarded to the Governor for
appointment. Councilperson Martin seconded the motion. Motion DID NOT CARRY
2-3. Mayor Wessler, Councilman Jones, and Councilman Hays voted NO.
Mayor Wessler asked to bring it to the next meeting due to no other nominations.
Determination of City's desire to be included in special taxina district for new
Southeast Volusia ReQional library proposed to be built in New Smyrna Beach -
Mayor Wessler asked if they got the memo from Pat Young. Councilperson Gillespie
replied yes. Mayor Wessler asked if they got orientation on this library and
feel prepared to vote on it. Councilman Hays stated they have two alternatives,
to be included, and to be included in the DBCC property. Mayor Wessler said Mr.
Johnson is recommending opting in and placing it at DBCC. Mr. Johnson explained
hels part of the Citizens Advisory Committee for the Community College and the
Committee endorsed it and these are suggestions for alternatives and any other
action is up to Council at any time. He said one concern he had with location
is there are two separate locations being talked about, one on the West side of
town and one on the River. Mayor Wessler stated she clarified it's Riverside
Drive and according to Ms. Young, there was a feasibility study and that's the
best location. Councilperson Gillespie said not according to Mrs. Baker and Dr.
Day, and they need a library on the college campus and will give them land and
it will cost 50 cents per $1,000 valuation. Mayor Wessler pointed out they vote
on the 7th. Mr. Johnson explained the County Council decides then whether to
put it to ballot.
Councilperson Gillespie moved to accept alternative 2 to allow the citizens of
Edgewater the right to vote on it, and if they vote down the taxing district,
it isn't going to matter where it goes, but alternative 2 lists it as going on
the college campus. Motion DIED for lack of second.
Ben Vasquez stated in reference to the City being included in a special taxing
district, he believes it would open a can of worms in this County if they start
special districting to improve anything. He said it's just a ploy of the County
to get them more operating revenues. He stated most people in New Smyrna Beach
are satisfied with the Library and people in Edgewater are more than satisfied
with the present Library facilities. He stated Mrs. Gillespie said it was 50
per $1,000 and this is just the beginning of something that will hurt all the
people in Edgewater. He said conditions are bad and they have no right to
endorse any type of program sent by the County. He said they should operate the
County and weill operate the City.
Mr. Johnson stated they didn't solicit this, the ordinance came from the County
asking us to opt out or not. He noted the proposal was made to the County and
the County sent it to the City but the City didn't initiate the action.
Councilman Jones pointed out the voters will get to vote and they can vote it
down. Councilperson Gillespie asked Ms. Clayton about the paper work on page
4 regarding Florida Statutes about the governing bodies must consent to be
included in the special taxing district, and does that blow up their special
taxing district since they didn't consent. Mayor Wessler said they could come
up with another alternative to go with 1. Councilman Hays stated they need more
time and to get more information on both sides of this issue and he doesn't know
how soon they need it. Mayor Wessler stated the County votes Thursday, and
5 Council Regular Meeting
February 4, 1991
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NEW BUSINESS (Continued)
Determination of City's desire to be included in special taxing district for new
Southeast Volusia Regional Library proposed to be built in New Smyrna Beach
(Continued) asked if they decide after Thursday to go with it, can they let them
know. She added they haven't had enough orientation on it and they probably
wouldn't refuse us. Ms. Clayton asked if it will be a County-wide referendum.
Mayor Wessler said they're asking us to opt into it. Mr. Johnson said it's
Southeast. Ms. Clayton asked if all electors in the Southern district can vote
and are they asking them to be included in the description of the special taxing
district. Mr. Johnson replied yes. Ms. Clayton said if they're going to be
asked to opt into the referendum for the special districts, that's one question,
but if they're being asked to be included in a vote that will not be a referendum
that will include them, that's another question. She asked if it's a referendum
they're opting into and if the City elects not to opt in by a vote within the
City, will that be separately accounted for. Mr. Johnson said he can only read
from the letter sent to the Mayor. Mayor Wessler explained it's as it is on the
agenda and the problem is where it's located.
Ms. Clayton said if they have a question on the library, the first question is
whether they have a chance to vote on it and if their vote allows them to be
included or excluded or are they bound by the majority of people who vote in the
district regardless of City boundaries. Mayor Wessler said she understands if
they opt out, they are not bound because they're in the County. Ms. Clayton
said if they agree to go ahead with a referendum and the City votes it down in
Edgewater within its incorporated limits, they're excluded. Mayor Wessler said
she understands they will be excluded from being in the special taxing district
if they vote it down. Mr. Johnson stated that's not what the attorneys said,
he said the City can opt to not be part of the election but if we opt not to be
part of election, we don't vote one way or another, and if you opt to be part
of it, no matter how the vote goes, everyone in the district will pay the tax.
He added they do have the right to say they will not be part of the election.
Mayor Wessler asked if they vote to be part of the election and the Edgewater
residents vote it down, would they still be included. Mr. Johnson said they'll
still be a part of it.
Determination of engineering firm to design reclaimed water plan - Councilperson
Gillespie stated at this time she moved to request formal proposals, time due
by March 4, 1991, under the CCNA which provides the procedure for hiring an
engineer needed for a special project, proposals to be reviewed and ranked by
qualification, and other professional needs by a committee composed of the City
Manager or his representative, the City Engineer, the City Utilities Director,
and one City Council member or appointed representative, to bring to the entire
City Council the top 3 for final consideration at a special workshop meeting
during the week of March 11 to 15, 1991. Councilman Hays seconded the motion.
Councilperson Gillespie stated under CCNA this allows them the right to go out
to bid for special projects instead of using their consulting engineers. She
said one-third of the City is left to be engineered and they should look for a
better price than given by Dyer, Riddle, Mills & Precourt. Motion CARRIED 5-0.
Mayor Wessler asked to move the Charter down and Water Distribution up.
Recommendation re: water system distribution in con.iunction with Volusia County' s
Park Avenue widening pro.iect - Councilperson Gillespie said if they read closely
the paper work from the City Engineer and Utilities Director, she moved they go
under the CCNA program and go out to bid for this particular thing and they will
be using the County plans and they can meet the deadline if they're ready to go
by June 15th to cooperate with the County by July 1st. Councilman Jones seconded
the motion. Councilperson Gillespie restated her motion they go under CCNA to
an to independent engineering proposal for that particular project. She said
it shouldn't be very expensive, the County's making us available all their plans
and specifications and they are offering a cooperative effort but we have to have
our engineering in place by July 1st. She said the City Engineer doesn't have
time to do it and his recommendation or the Utilities Director didn't state using
Dyer, Riddle, therefore, she wants to go independent. Councilman Jones seconded
the restated motion. Mayor Wessler asked if they go to CCNA, can they go to the
County and see if they can do the work through them since they're already going
to do the work on Park Avenue, rather than go through other people. Ms. Clayton
stated if they want to find out if the County can do it faster and quicker, they
may want to get that answer back before they do the CCNA. Mr. Johnson pointed
out time factor is the problem and he suggested they put a proposal out and in
6 Council Regular Meeting
February 4, 1991
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NEW BUSINESS (Continued)
RecoRlDendation re: water system distribution in con.iunction with Volusia County. s
Park Avenue widenina pro.iect (Continued) the meantime contact Gates Castle and
Terry Wadsworth can contact the County to see if they have the services available
because he understood they didn't have that. Councilperson Gillespie said she
understood that was why they're being so cooperative because they don't have
services available to finish it. Mr. Johnson stated their plans are only
related to street paving and this is for design plans for relocating and
abandoning lines. Utilities Director Terry Wadsworth stated the County didn't
do these plans, they contracted out because they don't have the in house staff,
and they said the utilities relocation and additional lines would be our respons-
ibility and we would have to contract separately but we could piggy back on the
bid to get a better price on having it done as one project. He added the County
cannot do the engineering. Mayor Wessler said shels asking to piggy back. Ms.
Clayton stated piggy backing is something they want to find out they can do
before they go out to CCNA so the engineers don't spend time with a response if
they were going to piggy back and they can ask that question immediately and
then compare to what they might get in a response from engineers. She added it's
common for cities to piggy back with county engineering or other professional
consultants in a job that overlaps like this might. Mr. Johnson stated the plans
for the road have been designed and they're talking about when they bid for the
construction work to be done they'd piggy back, but not design, and we have to
secure plans to submit to the County to incorporate in the bid package. Ms.
Clayton stated piggy backing is available for construction and professional
services kinds of work. Councilperson Gillespie said the County doesn't have
engineering available. Mr. Wadsworth explained they just discussed construction,
not piggy backing engineering services, but only when they went to construction,
and they'll provide that and at that time the City will have the option to accept
or reject the bid if itls not favorable to them. Councilman Jones said the
County has their plan ready for the street and they're waiting for us to get our
plans for rerouting of pipes and whatever. Mayor Wessler said they need to get
the design work done but they can go with the same engineer as the County. She
asked if they can go with that engineer and have him give us a proposal and bring
it back to Council to decide. Councilperson Gillespie asked if they can send
the invitation for proposal to the engineer the County's using. Mr. Wadsworth
replied yes and held think they'd have a distinct advantage. Councilperson
Gillespie said they should include them in the proposal because they're hitting
such a tight deadl ine. Mayor Wessler said their engineer probably would be
quicker. Councilperson Gillespie amended her motion they include the engineer
serving the County on this project in their proposal motion. Mayor Wessler
said it's to go out for CCNA proposal and to include the engineering firm that
is doing it for the County. Councilman Jones seconded the amendment. Amended
motion CARRIED 5-0. Original motion CARRIED 5-0.
Mayor Wessler called a IS-minute recess at 8:09 p.m. She called the meeting back
to order at 8:19 p.m.
Proposed City Charter and status of Charter Review CORlDittee
Councilman Hays stated this has been in and out of the committee for a long time
and a lot of hard work was done. He recommended some changes in verbiage. He
said on terms of office there were several options but he'd like to see that no
one can hold more than 2 terms in office. He said another item because they had
problems and discussion in November about when newly elected officials take
office, held like to see it addressed to the way it originally was to be the
first Wednesday following the first Tuesday after election. He said on page 2,
under prohibitions, item A., held like to see added to that 1I0r serve on a
boardll, and another item that was omitted held like considered is Section 38,
page 18, of the old Charter, power of public health officer. He said on page
3, he understands the intent of paragraph C at the top of the page but doesn't
know if he agrees totally with verbiage in it. He said they need a chain of
command and it's important for elected officials to gather information as stated.
He said he doesn't understand the part about the Councilor its members may not
deal with the City officers and that is probably a two-edged sword that implies
if another City officer approaches him, that it would be improper for him to do
so. He said he doesn't know if he likes that verbiage at all. He said
administrative department heads should be encouraged and allowed to feel free
to contact and discuss with the Mayor or any Council member in their district
or not any issues or projects that effect the operation of their department or
area. He said on page 4, procedure, A. ,meetings, IIno less than 24 hours noticell,
held like to add lIunless extraordinary or emergency situations such as national
7 Council Regular Meeting
February 4, 1991
~
..",
NEW BUSINESS (Continued)
Proposed City Charter and status of Charter Review Committee (Continued)
disaster or civil disturbance" such that obviously you should be able to call
a meeting. He said on page 4, administrative, City Manger, he thinks they should
address some of the same things they.ve seen with other contracts and he doesn1t
think any contract they as elected officials enter into with administrative
people should exceed Council terms of office. He suggested they specify in the
event of the City Manager's absence they should have a designated person to serve
in that position as that has been administrative at the City Manager1s discretion
and whoever happens to be available and they need to address that also.
Mayor Wessler said she had a lot on this and asked if Council wants to hold a
workshop and Mr. Johnson could give him his opinion of the final draft of the
Charter. Councilman Hays agreed a workshop would be fine. Mayor Wessler asked
to have it from other cities and discuss it and leave the workshop that night
with a new Charter and Ms. Clayton could attend if she's their attorney.
Councilman Hays suggested they have a workshop and finish this. Councilperson
Gillespie asked if they'll take public input. Mayor Wessler replied she doesn't
see why not but they'll have to try to limit it to get it finished and they.could
do it in 2 or 3 hours. Councilman Hays pointed out they had a lot of public
input and a lot of hard work and people in the audience could get with their
Councilperson to save time and give their input. He added they just need a
little fine tuning.
Councilperson Gillespie asked if the original sample format came from the League
of Cities. Mr. Johnson replied the committee was organized and functioning
before he came on board and he understands it came from National Municipal League
which has been noted for its model Charter.
Mayor Wessler suggested next Monday evening at 7:00 p.m. if they can get the
Library and asked Ms. Clayton if she could attend if she1s employed tonight.
Ms. Clayton1s response was inaudible. Councilman Hays moved to move this to a
workshop at 7:00 p.m. the 11th in the Library if available, if not whatever
designated spot Ms. Koser can find. Councilperson Gillespie seconded the motion.
Motion CARRIED 5-0.
Doris Hill asked if it will be open for discussion. Mayor Wessler replied yes,
but she encouraged people to call Council before Monday for input to avoid a long
meeting.
ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS
First Reading:
Res. 91-R-1 Appointing two members to Library Board due to expiration of terms
of Lauretta Shafer and Jan Dudley: Res. 91-R-2 Appointing one member to Parks
and Recreation Board due to resignation of Jeff Ridgdill: Res. 91-R-3 Appointing
one member to Building Trades Regulatory & Appeals Board due to resignation of
James Norris - Mayor Wessler stated these items were tabled. (See page 4)
Res. 91-R-4 Cancelling regular meeting of February 18. 1991, due to national
holiday (Presidents' Day) and rescheduling to Wednesday, February 13, 1991 -
Council person Gillespie moved they adopt Resolution 91-R-4 and cancel the regular
meeting on the 18th and reschedule for Wednesday, the 13th, to comply with Code
requirements attached. Council person Martin seconded the motion. Motion CARRIED
5-0. Mayor Wessler read the resolution. A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF EDGEWATER, FLORIDA, CANCELLING THE REGULAR SCHEDULED MEETING OF THE
CITY COUNCIL FOR FEBRUARY 18, 1991, DUE TO A NATIONAL HOLIDAY AND RESCHEDULING
TO FEBRUARY 13,1991; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING FOR AN EFFECTIVE DATE.
Res. 91-R-5 Appointing two members to Merit Board due to expiration of term of
employee member and resignation of Harry Jones - This was tabled. (See page 4)
Res. 91-R-6 Authorizing appropriate City officials to execute Interlocal
Agreement with Ponce De Leon Inlet & Port District, a Department of Volusia
County Government. for a 2.5 mile bike path/riverwalk along Intracoastal Waterway
on Riverside Drive - Councilperson Gillespie stated it gives her a great deal
of pleasure to move to adopt Resolution 91-R-6 which authorizes execution of the
Interlocal Agreement with the Ponce De Leon Inlet and Port District for matching
funds to construct a bike path/riverwalk along Riverside Drive. Councilman Hays
seconded the motion. Motion CARRIED 5-0. Mayor Wessler read the resolution.
8 Council Regular Meeting
February 4, 1991
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....,
ORDINANCES. PUBLIC HEARINGS. AND RESOLUTIONS (Continued)
First Reading: (Continued)
RES. 91-R-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA,
AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN INTERLOCAL AGREEMENT
FOR JOINT PARTICIPATION PROGRAM III WITH THE PONCE DE LEON INLET & PORT DISTRICT,
A DEPARTMENT OF VOLUSIA COUNTY GOVERNMENT, FOR CONSTRUCTION OF A 2.5 MILE BIKE
PATH/RIVERWALK ALONG THE INTRACOASTAL WATERWAY ON RIVERSIDE DRIVE; REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Mayor
Wessler congratulated Parks and Recreation Director Jack Corder.
Second Reading:(Public Hearing)
None
UNFINISHED BUSINESS
Establishment of new CIP Committee - Mayor Wessler stated they'll table this to
the next meeting.
Report on speed limits on Roberts Road/30th Street. Park Avenue. and Turaot Ave.
Councilperson Gillespie said this was her request and she moved they accept the
report by Chief Schumaker and Gates Castle, the City Engineer, and thank them
very much, they've gone into quite a bit of background work, and it is as it has
to be by law. Councilman Hays seconded the motion. Motion CARRIED 5-0.
UNFINISHED BUSINESS
Identification of potential wastewater project cost savings - Ron Ferland, Dyer,
Riddle, Mills & Precourt, Inc., stated two weeks ago he was directed to go back
and remove some costs or try to pare them down to make the project more
affordable and he provided Council a letter and back up tables that document cost
savings available for the wastewater treatment plant and collection system and
reclaimed water system. Mr. Ferland stated the wastewater treatment plant has
cost savings of $883,000 and some items associated are the original design had
a continuous back wash filter but they went with automatic backwash filters and
that change is $175,000 of construction cost. He explained the original concept
was the plant to be built in two phases to reach 3.26 MGD capacity and they kept
it at the current phase 1 capacity of 2.25 MGD and removed all items built in
for expansion, such as building size, gravity belt thickener, and ancillary
equipment associated with the second phase expansion. He said the building size
was $26,000 in the sludge thickener building, lowering sizes of belt thickeners
was $30,000, eliminating clarifier splitter box was $38,000, eliminating variable
frequency drive of the influent pump station and effluent transfer pump station
was $65,000, eliminating computer based monitoring system which used software
was $142,000, and another big item was grit removal using a more energy intense
system which saved $90,000. He said a variety of other modifications and
reduction of equipment sizes add up to $887,000.
Mr. Ferland stated in the gravity collection system there are 4 items identified
that will reduce the quality or reliability but not to an unacceptable degree.
He said they removed the coating on the outside of the manholes and eliminated
laterals on the wastewater collection line that's less than 8 feet deep on
unpaved roads on lots that don't have a residence. He said they put the system
in the middle of the road and where the lot is undeveloped they're putting
laterals to the property line so when the new residence is built they just have
to hook it up. He pointed out on an undeveloped lot at the time construction
occurs the cost of tapping the sewer line and installing the lateral will be
borne by the new homeowner or builder. He noted this is $72,000 savings if roads
are not paved. He explained at the end of a gravity sewer run instead of using
a manhole at the end, they call for lampholes, and if the line is less than 150
feet long the regulations allow for this use and DER has no problem with it and
this saves $24,000. He stated the last item was manhole covers to be ductile
instead of cast iron and it saves $18,000. He referred to life expectancy of
the two types of manhole covers. He stated total savings for the gravity
collection system is $157,400.
Mr. Ferland stated force main manual release valves instead of automatic release
saves $21,000. He explained in the 16-20" main they allowed alternative pipe
materials, instead of PVC DR 18 they would allow DR 25 pipe thickness which
should be sufficient to prevent breaking due to pressure. He said alternative
materials is $12,000 savings, and total force main savings is $36,300.
9
Council Regular Meeting
February 4, 1991
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.....,
UNFINISHED BUSINESS (Continued)
Identification of potential wastewater project cost savinqs (Continued)
Mr. Ferland stated pump stations have 7 items: delete landscaping, delete
fencing, eliminate pavement, eliminate inlet manhole, eliminate valve vault, and
use painted steel control panel in lieu of stainless steel, for a total pump
station savings of $86,350. He said with the reclaimed water distribution system
has a transmission main going through Florida Shores of 12-10-8-and 6 inch lines
and then every North/South road has 311 lines running the whole length of Florida
Shores. He said to eliminate the 311 distribution pipe and allow only 25% of the
distribution pipe, they can save $1,050,000. He said the reclaimed master plan
or prior to that they should have a survey conducted of the impacted areas and
find out who will hook up to the reclaimed water system and then target
installation in the CIP of the 311 line to areas that will have maximum high use.
He noted if it's a street with a lot of vacant lots, it would be a waste to put
in the 311 line at that time. He said as the distribution system evolves and
more customers want to come on line, it would be a yearly continuous budgeted
item to put so much into construct so many feet of 311 line rather than borrow
money and let it evolve over time based on demands, and they'd eliminate a
portion of 611 piping until the reclaimed water demands increase to justify it.
He said total reclaimed savings is $1.276 million dollars. Mr. Ferland again
reviewed the identified savings.
Councilman Hays asked if the inlet manholes that may be saving $22,500 now could
cost a great deal later if they have a failure at one of those stations and it
works as a common gathering station for two pipes to have one line going to the
station. Mr. Ferland agreed. Councilman Hays said they'd have to shut down at
both ends if they had a failure. Mr. Ferland agreed. Councilman Hays stated
they need to weigh the risks with the savings. He asked with reclaimed water
distribution, how did he propose they do this if they're going to save $1.2
million, start in the East end of Florida Shores where it's most populated and
build out, and at what point of density would he stop. Mr. Ferland explained
if they eliminate 75% of 311 lines and over time construct them, the survey would
determine who gets a line and who doesn't. He said some streets will have no
interest and they wouldn't lay the line there. Councilman Hays asked if they
do it on density or population of the street. Mr. Ferland replied yes, they
could. Councilman Hays asked if someone lives on the street now and isn1t
interested, it doesn't mean he wouldn't be later, and maybe they should plan it
on density. Mr. Ferland stated they should maximize density of the Northern end
of the development which is closest to the wastewater plant and allow it to grow
southward. Councilman Hays asked if it will pay for its growth. Mr. Ferland
replied no, not in the initial stages.
Mayor Wessler asked if they could take it from the grant funds of $2.1 million
they have to put away for 20 years. Mr. Ferland said that was the operating
system.
Councilman Hays asked if the PVC DR 25 that I s not qu ite so strong wi 11 be
affected by other factors, such as cold, or is it a bad option. Mr. Ferland
replied no, for force main it's not a bad option.
Councilperson Gillespie said she checked with other cities with effluent return
systems and they were talking 1-1/211 and they ran the master mains at 311 and
all streets were at 1-1/211 and they jetted under roads and there's a difference
in cost for installation of 1-1/211 and 311. Mr. Ferland explained the difference
in cost is in material and from 311 to 1-1/211 isn't that much. He said 311 was
determined by hydraulic modeling of the system and if everyone runs sprinklers
at the same time there will be a heavy demand on the system. He said the
reclaimed water system would suffer a dilemma if everyone waters at the same
time. Councilperson Gillespie stated almost everyone has 1-1/211 and if they
can use water any time they want, they won't have everyone out before 8 a.m. to
sprinkle. She added she feels they can use a lot more effluent than people are
figuring. Mr. Ferland said he'll look at it and talk to the designers. He asked
who she talked with because he saw Altamonte Springs. system and they have fairly
large pipes and have transmission mains allover and they service because they're
more commercial and have 111 meters to the users. Councilperson Gillespie asked
if it would make a difference to know how many are residences or commercial.
Mr. Ferland said residential is better than commercial in Florida Shores because
commercial is mostly warehouses along Guava and Hibiscus and most is paved or
retention basined. Councilperson Gillespie asked about a 211 compromise and see
cost difference. She asked if it's $7.00 a month unlimited use. Mr. Ferland
10 Council Regular Meeting
February 4, 1991
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....,
UNFINISHED BUSINESS (Continued)
Ident;f;cat;on of potent;al wastewater project cost sav;nas (Continued)
replied he used a $6.00 figure because it's used throughout the State.
Councilperson Gillespie asked if it's cost effective. Mr. Ferland replied it
will be like recycling and rate payers whether they use reclaimed water or not
should pay part of it because it's the State and community mandate to try to
eliminate as much of the flow to Indian River as possible. Council person
Gillespie asked if eventually it will be cost effective. Mr. Ferland replied
if they have a high number of connections, it could. Councilperson Gillespie
asked if some communities raised their water rates high enough to encourage
people to hook into effluent return. Mr. Ferland said they're looking at water
conservation rates to encourage conservation and one thing that's the best
encouragement to reduce use is to raise prices. Councilperson Gillespie said
they make it user beneficial. Mr. Ferland noted that was his intent.
Councilman Jones asked if they're deleting the fence around the pumping station.
Mr. Ferland replied yes. Councilman Jones questioned the potential liability
problems if kids get in the area and if there's a need for the fence. Mr.
Ferland explained the lift station will be submersible and the only thing above
ground will be the control panel and they'll lock the panel and shouldn't have
liability. He added kids will get on it. Councilman Jones stated he didn1t want
to see a liability problem. Mr. Ferland said they did fencing because it will
be a dense neighborhood.
Mayor Wessler stated they're taking out septic tanks because the ground doesn't
absorb what's in the drainfields. Mr. Ferland agreed. Mayor Wessler said
they'll put in a sewer system and pump the water from the sewer system back to
the area they said it couldn't be absorbed to begin with. Mr. Ferland explained
with the septic tank, the problem occurring there is leechage that's partially
treated wastewater can only go down in the soil so far before it hits the hard
pan and then moves laterally out to canals and drainage systems or someone else's
yard because they're at a lower level. He stated that poses a public health
problem because that septic tank effluent was not fully treated and because of
soil conditions they can get introduction of the septic tank effluent to the
water table. He added people water their lawn and that's in addition to the
septic tank loading on the land and some soil conditions cannot take both of
them. He said by taking it to the treatment plant and treating it, they still
have the same loading associated with irrigation, but instead of using potable
water, or well water that encourages salt water intrusion, they use effluent
water. He said loading associated with septic tanks no longer exists, and
they're reducing the load to the ecological system and soil requirements to
provide additional treatment to wastewater which now is going into the canal.
Mayor Wessler asked if Dyer, Riddle did this or if it went to the construction
company. Mr. Ferland replied he delivered the plans and met with Wharton-Smith
but because they had a hectic bid schedule and couldn't complete the evaluation
of the wastewater treatment plant which is all he gave them. He said he didn't
get back from them any cost saving ideas because they were so busy and he
anticipates getting that in the next week.
Mayor Wessler asked if he has answers to any of Mr. Billick's questions. Mr.
Ferland stated regarding gravity sewer linear feet and transmission, they see
no significant difference in cost for those components. He said his system is
different in concept and Frank Marshall's system uses interceptor large diameter
gravity collection systems and a localized pump station collects for that area
and pumps into a gravity system which takes it to another station that repumps
and takes it to the master lift station which pumps it to the wastewater plant
and it pumps three times as designed. He said the design they incorporated is
a manifolded transmission main because his experience is when they have a master
lift station, that becomes the heart of the whole system and if it goes down,
they've lost service to all of Florida Shores. He noted the system he uses with
the manifolded 9 lift station service areas is if one goes down the remaining
8 will still be served. He said comparing from an energy and cost perspective,
it's more cost effective to go with manifolded stations.
Mr. Ferland pointed out the other major difference is in the gravity sewer area,
the majority of costs associated with the difference of the DRMP Plan and the
Marshall Plan is in the cost per linear foot of gravity collection system. He
said that study was $12 per linear foot and Dyer, Riddle's was $18 and that takes
into account depth of cut and that difference with the linear feet is $3.1
11 Council Regular Meeting
February 4, 1991
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...,
UNFINISHED BUSINESS (Continued)
Identification of potential wastewater project cost savinas (Continued)
million which is a cost estimating difference. He stated to verify and make sure
they weren't out of whack in their estimates they looked at low bids on recent
jobs and in the municipal utility arena it's not the design or intent of a
construction cost estimate to be below what the low bidder will be and the
engineering estimate should be in the middle of the bid. He said they looked
at projects and compared unit costs to Dyer, Riddle's and it was closer to their
number than $12 per linear foot. He noted they're a little high but they're
trying to be conservative and he'd like the bid to be below the estimate instead
of above. He pointed out if they're accessing 4-1/2% money and don't get enough,
they're stuck. He said not included in the preliminary, and the 1986 study was
preliminary, and was not a detailed design, was paving restoration and that was
$2.2 million. He added another difference in the two studies is because they
had to use more pipe line because of final design and included design facilities
on the East side of the railroad tracks and they were excluded from the 1986
study by design. He added that's another $1.061 million difference. He said
it was 13.8 by Dyer, Riddle and adjusted to 7.6 million in 1990 dollars.
Mayor Wessler asked if he could send a written response to question 2 and he
could fax it and she'll make sure Mr. Billick gets it. Councilperson Gillespie
said when she looked at the 1986 report, the only difference she saw was Arthur
Street, but Frank Marshall took in unsewered homes outside Florida Shores and
the report in 1987 pulled them out and they said they'd do them in house. She
asked Mr. Ferland to let her know because she thought Frank Marshall had
everything in except Arthur and Dyer, Riddle doesn't have beyond u.S. 1 but did
pick up Arthur. Mr. Ferland explained the Marshall report shows the Florida
Shores Subd i vis i on West of the F 1 or i da East Coast ra i 1 road. Counc il person
Gillespie said she went by maps and topos and asked if he'll pick up unsewered
industry and buildings on Guava. Mr. Ferland said they have sewers for all the
Florida Shores development East and West of the railroad tracks and they picked
up Cherokee Ridge. Councilperson Gillespie said they must do it in house for
outside Florida Shores and Cherokee Ridge. Mr. Ferland said they can do it in
house or set up another special assessment district. Councilperson Gillespie
said she was told by Katherine Odham they could only have one assessment
district. Mr. Ferland stated he doesn't know of any legal limits because they
have the library district and others. Councilperson Gillespie asked why they
don't have more than one for sewer.
Mr. Ferland explained the numbers for the one time payment held sent them work
sheets on and the May, 1990, 201 Plan addresses the gravity system over the low
pressure system and there are anc ill ary costs wi th cap i ta 1 i zed interest are
identified there. He stated actual cost per unit in the May, 1990, Plan is
$3,400 and during design process they got it to $2,800. He said the gravity
system is now down to $2,700, or $17.90 a month, as an estimate. He said the
wastewater treatment and reclaim went from $776 to $450 so impact to individual
users has been mitigated and these numbers add in grant funds of 2.1 million if
they proceed and remain eligible for it. Councilperson Gillespie asked if he
has to adjust the figures back to Mr. Mansfield because they have to get the
assessment hearing in right away. She added Mr. Mansfield told her they only
had a couple more papers to file.
Mr. Ferland asked for direction if they want to enact all these cost savings.
Mayor Wessler asked if $22,500 is the only cut Council wants to make. Councilman
Hays said he'd like to keep the inlet manholes because one mistake could cost
a lot more than that. Councilperson Gillespie moved to accept his report as
given tonight for cost savings, excluding the $22,500 manhole savings because
one breakdown would wipe that out. A gentleman in the audience asked about
getting a lateral out. Council person Gillespie said thatls on dirt streets
only. Council person Martin seconded the motion. Councilman Hays said they
discussed distribution piping. Councilperson Gillespie asked if they accept it
as is minus the 22.5, can he come down if he goes with 2" PVC. Mr. Ferland
replied he will look at it. Councilperson Gillespie asked him to look at a
compromise. Mr. Ferland stated he'll call her about 3". Council person Gillespie
deferred to the Mayor's judgement. Motion CARRIED 5-0.
Mayor Wessler stated they should direct Mr. Johnson to start up special assess-
ments and do whatever's necessary to qualify for the loan. Ms. Clayton suggested
they may want to ask Mr. Livengood if he wants to talk about this and then go
into setting up steps.
12
Council Regular Meeting
February 4, 1991
.......
.....,
UNFINISHED BUSINESS (Continued)
Identification of potential wastewater project cost savinas (Continued)
Councilperson Gillespie asked if they can proceed to set an assessment as per
papers submitted to SRF loan people by Dyer, Riddle. She said under FS 170, she
understands they have to get that first assessment in and set the date for the
second and then set the equalization board but get the first assessment in to
stay eligible with the SRF loans.
Stan Livenaood, Financial Advisor, Raymond James & Associates, stated he
understands from Mr. Ferland the City is under a March deadline for showing good
faith. Councilperson Gillespie asked if other loans that have separate money
with a March 15th deadline for wastewater and they reverted back to the 201
Facilities Plan and they could have been made eligible for the effluent return
section if the lawsuit had been filed earlier. She said they would have to amend
the 201 Plan to qualify but they felt the City is extremely qualified but it's
more paper work. She asked if it's feasible. She said one loan is SRF they've
qualified for and the other is new money and 10% of new money is for wastewater
and they can qualify and they only want an addendum to the 201 from July, 1990,
to throw them in that file but she doesn't want to mess up the SRF loans because
of the cap at 4.23. Mr. Ferland stated new money they refer to is the 1992
allocation of the SRF and it's new money because it's Federal money that's been
allocated in 1992. He stated to qualify for 1992 funding they have to submit
the application by March 15th and have the facilities plan by June 1st and go
through the same hurdles as for the wastewater plant and collection system and
reclaim system for Florida Shores. He added they're in the hopper for those
things and they're fundable in 1991 for 6.9, and on contingency for 1992, and
past fundable for the treatment plant, and for 1993 they have another list they
can go on. He added the reclaimed water system would be eligible for this City-
wide in 1993 to poss ib ly being funded. He noted they have a good chance of
being funded because of the 10% set aside for small communities. He explained
to get on fundable or contingency list they have to have plans, specifications,
and design completed and ready to go to bid because they don't want to continue
holding the money for a community that doesn't get in position to use the money.
Councilperson Gillespie stated changes made tonight have to be there on the same
deadline. Mr. Ferland said changes are the wastewater treatment plant because
they have to change building sizes and other things and get that to them because
they have a grant and a 1990 SRF waiting and they don't feel comfortable with
giving them wastewater treatment plant money until they show a good faith effort
to go forward with the collection system because that's why they got high points
and got the funding. He added the gravity collection system just needs site
certification by an attorney and a construction permit from DER and make some
basic decisions on the special assessment program related to the current finance
ordinance. He said they have to say they won't charge an impact fee and make
revisions to the ordinance so they're not caught in a catch 22.
Mayor Wessler stated she called Dan Livermore last week and he said they could
set up a special district with Florida Shores and make it an ad valorem tax.
Mr. Livengood stated there's a misunderstanding there, as there's little
difference between an ad valorem tax and special assessment but legally there's
a difference. Mayor Wessler stated he told them legally a lot of cities do it
on a tax bill. Mr. Livengood said from a financing standpoint, it's much
superior, and he understands after the first year it will go on the tax bill.
He explained Florida Statutes allows special assessments to be placed on the
annual ad valorem tax bill as long as certain criteria are met and the tax
collector can levy a charge. He added the Volusia County tax collector indicated
there would be a charge associated with this and from a financing standpoint it's
a much superior way to collect the tax because of higher probability it will be
pa i d. He noted a taxpayer cannot pick and choose what part of his tax bill
he'll pay, he has to pay it all. Mayor Wessler said the first year it will be
on his water bill and next year is property tax or a billing to them. Mr.
Johnson explained the recommendation from the bond attorney was the first year
they'll be billed the first year's assessment with a separate statement in one
payment. Mr. Livengood stated the reason for not billing the first year on the
tax bill is because they have a narrow window. Mayor Wessler asked if it's a
one time payment for one year. Mr. Johnson said that's the way the bond attorney
prepared and sent it to Counc i 1. Mayor Wess 1 er asked why they've been
discussing monthly payments for the last 3 months. Mr. Johnson replied he
doesn't know, he wasn't involved in finance.
13
Council Regular Meeting
February 4, 1991
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..."
UNFINISHED BUSINESS (Continued)
Identification of potential wastewater project cost savings (Continued)
Mr. Ferland explained if they have an escrow component on a mortgage and pay it
in a monthly amount, that would be the additional monthly amount they'd have to
pay on the mortgage. Mayor Wessler asked if that's after the first year but the
first year they'd pay the monthly sum. Mr. Ferland said the first year depends
on when you make the assessment and to get it on the tax bill you have a very
narrow window to supply information to the tax office and if you miss the window,
you have to collect revenues in the interim period and can do it on a monthly,
quarterly, or yearly basis. He said they're concerned about an interim first
year measure but it may last one month, 3 months, or 6 months, but after that
it's part of the property tax bill. Mayor Wessler stated she just learned it
will be on the tax bill.
Councilperson Gillespie stated Mr. Mansfield said it was automatic when they went
to assessment and went through equalization and it's an automatic lien and they
don't have to record the lien. Mr. Ferland stated it's just like when they don't
pay the taxes.
Ms. Clayton asked Mr. Livengood if he presented to this Council an analysis of
the financial feasibility of the project. Mr. Livengood asked if it's in terms
of what different customers would pay on a monthly charge for water and waste-
water as well as special assessment basis. Mc. Clayton said they have a project
cost and a certain amount they estimate will come from the State and there may
be a gap or not, and she's referring to what will be paid for by State funds and
how much will be made up locally and how will local component be done. She
added they're talking only about special assessments and how much that will be.
She asked if a financial feasibility analysis was provided showing totals with
individual breakdowns to show total and individual impact. Mr. Livengood replied
he understands Council was provided with that kind of comprehensive information
but there was no discussion tonight of the water system portion of the CIP which
was to be funded by rates of the water and wastewater system and that's a bond
issue of approximately $15 million. He added that composition of the financing
cannot proceed until a program of water and sewer rate changes has been adopted
by Counci 1.
Ms. Clayton asked if the water and wastewater projects are combined as a single
project or are they divisible. Mr. Livengood said there's a capital improvements
program and water needs are critical and he understands this past summer the
City experienced grave difficulties in providing high quality potable water.
He said there are no specific interrelationships between the water and wastewater
projects other than they would be commonly financed, the portion financed by
revenue, with a water and sewer revenue pledge. He said these are major capital
investments but there's no functional interrelationships between the water and
sewer projects.
Ms. Clayton asked if the financial feasibility of the wastewater project doesn't
depend on the water project. Mr. Livengood replied regarding feasibility, they
do a study to see if they have money to do something and that's not what was
done here, they estimated cost of the program as best as possible before
receiving bids and went out and obtained the lowest cost option financing, which
he applauds the City for doing, and they received financing commitments from the
State and Federal government that have 2.1 million dollars cash value and the
1991-92 SRF have present value of over $10 million to the City and the 1993 SRF
probably adds a few more million dollars present value to the City. He stated
they have a financing package that was obtained by the engineering consultants
and his relationship with DER that is unparalleled by any other provider of
municipal wastewater services in the State. He added he doesn't think they did
a feasibility study with numbers of dollars and if this project will fit in those
dollars. He said they defined the project and costed it out and obtained the
lowest available financing for it.
Mr. Livengood said he understands Council received adequate information in the
past months as to what has to be done in order to finance this CIP. Ms. Clayton
asked if Counc il received financ ing informat ion she IS ta 1 king about. Mayor
Wessler replied they never had a sit down workshop on the finances with Mr.
Johnson, they had what Mr. Ferland gave them two meetings ago, and that's the
extent of it since they took office. Councilperson Martin said it seems they're
getting things in bits and pieces and she has yet to see an actual print out of
the options open to them as far as funds, methods of acquiring funds, and a
14 Council Regular Meeting
February 4, 1991
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UNFINISHED BUSINESS (Continued)
Ident;f;cat;on of potent;al wastewater project cost sav;nas (Continued)
written estimate of how they're to pay back these funds, and something should
come from the administration or someone listing these different methods and type
of funds they can go for, how to go for it, and how to pay back. She asked for
one sheet with all this information. Mayor Wessler said they got a lot of
manuals with a lot of pages and she doesn't feel they were brought up to date
on the financing matters. Council person Gillespie said she's asking these
questions because she's not comprehending. Mayor Wessler said they want the
loans but they start setting up special assessment rolls for wastewater then
they have to do the water treatment plant and work on rates or not.
Councilman Hays said they have items such as this that he wasn't aware of and
then he asks what else is there they aren't aware of. He said they have to make
these decisions soon and it makes him uneasy because he feels he may not have
got some of that information. He asked the difference between the program and
project. Mr. Livengood replied a CIP is the capital improvement program, and
that totals $40 million dollars of water and wastewater investments and there
are several projects within that program and it's funded in as complex a fashion
as any utility program he's been involved in. He added this has been simplified
and the costs were greatly reduced by the State committing to a third SRF loan
because before that the program called for additional bonds to finance that
port ion. Counci lman Hays stated under the capita 1 improvements program they have
other projects and every time they open a project they have a different financial
deal. Mr. Livengood agreed. Councilman Hays said he needs it cleared up
because it's hard to te 11 where one starts and one ends and he gets the
impression they're committed to all or none. Mr. Livengood stated Ron Ferland
made a statement that the State is not willing to commit to the first revolving
fund loan until the City makes some firm commitment to proceed with the
collection system in Florida Shores. He added that's a linkage that's absolute
and they don't have an option of just building the wastewater treatment plant
and deciding not to construct Florida Shores improvements. He said he's not
aware, with the exception of the water project, of the City's ability to select
some part of the total sewer system improvements and say they won't do that.
Councilman Hays stated they have these different projects and there's discussion
about minimizing impact on the households to hold off or not do some of the
projects and they looked at holding off on paving, and if they commit to one
part, are they committed to everything. Mr. Livengood pointed out paving will
not be funded by any State Revolving Funds or monies. Mayor Wessler stated they
talked about holding off on stormwater and if they do that, do they interfere
with the Comprehensive Plan. Planning and Zoning Director Mark Karet indicated
yes. Councilperson Gillespie said she asked Mr. Mansfield about this and he said
paving is no problem and they could hold off paving and on stormwater retention
ponds to some extent but they have a $3.00 a month stormwater fee in place which
he felt they could possibly work within their own confines on this. Mr. Johnson
stated that's not the problem, according to DCA the problem is they'll give you
a time frame but you'll have to do all the stormwater improvements in Florida
Shores and they would consider 1994-95 to be reasonable.
Mr. Johnson stated Mr. Livengood was hired and he was instructed by the City
Council that he was the Financial Advisor and he prepared the plan for the City
and not the City Manager. He said Mr. Livengood will be glad to come and go over
financial details. He stated he didn't design it and the former Council did
based on the State Revolving Fund and all those projects and one of the key
elements in the water was the rate structure. He said nothing was looked at
about financing paving'and stormwater and they had cost estimates and were told
it would 1/3, 1/3, 1/3 because of past policies. Mayor Wessler said Mr. Ferland
asked when they were in Tallahassee where the other 1/3 would come from. Mr.
Johnson said that was asked from the beginning and there was no source of revenue
and one possibility was when the funds were released for the special assessment,
the utility tax could be used as collateral or backup for the bond. He said
nobody's trying to keep something from them and it's very complicated.
Mr. Livengood stated he'll be glad to come and speak, adding it took over 6 weeks
of meetings and putting things in writing to make a recommendation. He said the
situation merits workshop and he can meet at their pleasure. He emphasized they
have to go ahead with the special assessment process.
15
Council Regular Meeting
February 4, 1991
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UNFINISHED BUSINESS (Continued)
Identification of potential wastewater project cost savings (Continued)
Councilperson Gillespie asked that he walk her through the bonds when he comes
to meet with them, where they came from, and how they got into it, so they'll
understand and not duplicate mistakes previously made because people didn't
understand what they were getting into with collateral and bonds.
Ms. Clayton asked if he saw the draft audit for the City. Mr. Livengood replied
no. Ms. Clayton said there are comments from the auditors as to how the City's
CIP will be funded and he should get a copy to make comments as to accuracy.
She added it's being finalized and perhaps he and Mr. Ferland could coordinate
a presentation as soon as possible. She noted there's a special meeting on the
11th but that might be too soon. There was discussion about available dates and
locations and it was agreed to meet on the 12th at the Library if it's available.
Mayor Wessler stated they'll ask Mr. Johnson and Mr. Ferland and Mr. Livengood
to do whatever's necessary so they don't lose funding through DER and go ahead
and start the rolls. Ms. Clayton stated people involved will be bond counsel,
Financial Advisor, issuers counsel, which is her, Mr. Johnson and Mr. Ferland.
Mayor Wessler requested a motion to go ahead and direct Mr. Johnson to get all
the rest of the people involved in the special assessment hearings and tax rolls
to get it rolling. Councilperson Gillespie moved the City Manager proceed post
haste with preparing those and bringing together those persons necessary to do
the assessment hearings. Councilperson Martin seconded the motion. Mr. Ferland
suggested they include with that motion to have the attorney draft the resolution
because they have the special assessment district mapped and legally defined and
the resolutions should be drafted to set the stage so there's nothing to stop
them from the first step unless it's their desire. Councilperson Gillespie asked
Ms. Clayton if it should be amended. Councilman Hays asked how soon it has to
be advertised. Ms. Clayton said she has to talk to bond counsel about the steps
because establishment of special districts with any kind of financing may require
his opinion and she doesn't know if DER will require it in the issuance of the
loan. Mr. Livengood said there was an opinion rendered by Mr. Livermore to DER
in the loan application process having to do with the lien status of pledged
revenues and there was an interim pledge of public service tax revenues that
allowed the application to be accepted by DER pending perfection of the special
assessment liens. Mr. Johnson stated there's a schedule prepared. Ms. Clayton
stated she can proceed from there. She suggested withdrawal of the motion.
Councilperson Martin withdrew her second and Councilperson Gillespie withdrew
her motion. Ms. Clayton suggested wording for the motion.
Councilperson Gillespie moved to authorize the City Manager and Attorney to take
all steps necessary to accomplish setting up the special assessment district and
hearings with the first hearing to be accomplished by March 12, 1991.
Councilperson Martin seconded the motion. Motion CARRIED 5-0.
Councilperson Gillespie asked if Ms. Clayton thinks there's anything more they
have to do to facilitate this. Ms. Clayton replied it appears they took the
steps and they have the schedule and she'd like to see the documents submitted
to DER and they have maps and rolls. She said it's pretty short order and they
have to start counting days for advertising as there are special requirements.
Mr. Johnson stated when they don't have to have the rolls in the first resolution
and they have the area defined on the map and rolls will take a little time,
they're very detailed and Dyer, Riddle is working on those with the County. He
said if the City adopts the first resolution, it will show they're going ahead
on the project and would be sufficient. Mayor Wessler said to call Mr. Mansfield.
Mr. Ferland explained the first hearing is passing of the resolution, the second
is the assessment roll, and the third is the board of equalization. He pointed
out the March 15th date to remain eligible for the programs they have to provide
project schedules and these hearing dates will be critical and he'll have to get
with the Interim City Attorney and make sure of the dates.
George Naill, Royal Palm, stated he understands they're going into special
assessment. He asked if the sewer plant will be included in the special
assessment, and will it be a new plant. Mr. Ferland replied the sewer plant will
be partially funded by special assessments and partially by rate base and the
funding mechanism will be based on pro rata share associated with Florida Shores
and that associated with existing growth outside Florida Shores. He said it will
16 Council Regular Meeting
February 4, 1991
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UNFINISHED BUSINESS (Continued)
Identification of potential wastewater project cost savinas (Continued)
Georae Naill (Continued) be a new plant because the current plant is a secondary
activated sludge system discharging to the Indian River and the new plant must
be an advanced waste treatment plant providing carbonaceous matter and nutrient
removal and the only components they can use at the existing plant is the tank
and it will be converted to a reclaimed water holding tank. Mr. Naill stated
they have a map of the assessment area and it only includes Florida Shores and
they cannot split the special assessment. He stated per Florida Statutes 170
it has to be only for that single unit and cannot be split with the sewer plant
on one and Florida Shores area on another. Mayor Wessler said they have a
special assessment that Florida Shores will pay on the wastewater plant and the
rest of Edgewater will pay on rates. Councilperson Gillespie said theylll pay
on rates also. Mayor Wessler said they're paying special assessments and rates
because they're paying an impact fee to the wastewater plant and the rest of the
City paid an impact fee when they bought their house or when sewer was put in
and they're paying their portion of the wastewater plant through rates. Mr.
Naill stated the special assessment should cover the gravity flow system, the
pump stations, and everything through Florida Shores only, and the sewer plant
should be a City-wide project. Mayor Wessler stated it is. Mr. Naill said they
cannot include it in special assessment. Ms. Clayton explained they're not
including the payment of the plant within the special assessment other than a
pro rata portion that's equivalent to capacity allocated to Florida Shores so
they have a rate based City-wide price for capacity and a special assessment that
will be charged on Florida Shores for capacity allocation attributable only to
Florida Shores and not for the full impact because it will be picked up partially
by rates Florida Shores pays in a City-wide program. Mr. Naill said the map
only includes Florida Shores. Ms. Clayton said that's all that will be charged
in Florida Shores, there won't be a special assessment anywhere else because the
City will pay for it in the rates and the capital component in the rate structure
will be City-wide and not be done by assessment, but as user rates. Council-
person Gillespie stated they pay again as users of the system. Mr. Naill pointed
out that1s double payment. Ms. Clayton replied they divide the capacity and the
rate will be applicable to all users and how much in capacity the capital
component will be out of Florida Shores, and Mr. Ferland and Mr. Livengood will
go over this prior to the 12th and may be able to answer his questions.
Mr. Naill asked if it will go to the people at the equalization hearing. Mayor
Wessler said she had the same misconception and Mr. Ferland explained it because
she thought it was double dipping but assessment is an impact fee they1re paying.
Mr. Ferland explained that portion of the treatment plant associated with Florida
Shores, about 59% of the total plant capacity, has two ways to pay for it. He
said under the current ordinance, an existing home in Florida Shores when it
becomes available to hook up to the sewer should pay $1,425 impact fee up front.
Mr. Naill pointed out current ordinance is $1,000. Mr. Ferland explained if they
enact the program, it will be $1,425. He said there was a financial burden in
the early CIP days and they assumed that components of treatment capacity could
be collected by special assessment and could be paid over time rather than as
a 1 ump sum and they took just the treatment plant construct i on costs and
allocated them by that percentage of flow and divided by 6,000 lots and that
was what the special assessment per lot is for. He pointed out it's in lieu of
paying the impact fee.
Mr. Naill said they're going to pro rate according to usage and 59% will be
Florida Shores under special assessment and the remainder of the plant will be
paid by those already on sewerage based on pro rata base and until a Florida
Shores resident hooks up they'll pay no fee for sewer and when they hook up
they'd be on that rate, or would they pay the rate upon assessment. Mr. Ferland
replied when the system becomes available, you have so many days by City
ordinance to hook up and even if you don't hook up within that period of time
you will be billed for user fees and assessments and if you have an undeveloped
lot under the special assessment program you still pay the special assessment.
He pointed out they have to create a revenue base to pay the borrowing back.
Councilman Hays asked if the new ordinance on page 1489 gives an exemption to
hook up to the sewer until the septic tank fails. Councilperson Gillespie stated
it has to be changed right away. Mr. Naill stated they have a problem on how
it's going to be paid because people in Florida Shores will pay a sewer rate
along with those already on sewers and will have to pay a special assessment
along with it. Councilman Hays suggested they save this for the hearings.
17 Council Regular Meeting
February 4, 1991
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UNFINISHED BUSINESS (Continued)
Identification of potential wastewater project cost savings (Continued)
Ms. Clayton stated she doesn't think they'll do anything to the disadvantage of
the people and they may be able to meet deadlines and answer questions. Mr.
Naill stated he doesn't have a problem with getting the special assessments but
they want it equitable to every citizen. Ms. Clayton noted they haven't seen
the whole picture and that's what they're trying to do. Mayor Wessler stated
they'll stop this discussion until the Tuesday workshop.
Ben Vasquez instructed Council to stop the snow job they're getting. He said
they're jeopardizing everyone in the Florida Shores area. He instructed Council
to instruct the City Attorney to file for a declaratory judgement in the courts
to decide whether the special assessment program can be used in Florida Shores.
He stated 170 does not apply to Florida Shores and if she knows the Statutes he'd
gladly listen to find out how this is incorporated into the City. He stated
Florida Shores is the City of Edgewater and they cannot special assess one part
of the City and let the others go scot free as that's discrimination. Ms.
Clayton stated she'll be prepared to answer the question on the 12th. Mr.
Vasquez said if they continue to go with this, people have already signed
protests and can take it to court. Mayor Wessler noted she was aware of it.
Agreement between City and Josel B. Alvarez - Ms. Clayton stated she has no
status, they have the draft proposed along the lines discussed, but she's not
heard as of 3 this afternoon when she put in a call to Bill Shepard and she'll
keep them informed as they go along. She added there will be a need to make the
transition of the files because there are hearings set up on matters in active
litigation. Mayor Wessler asked that she tell Mr. Johnson when they're needed.
Proposal from Attornev Nikki Clayton to provide temporary legal services - Ms.
Clayton stated she estimated what she could and in the past Council was
accustomed to legal services that have been according to outdated rates. She
noted Mr. Alvarez was charging $35 an hour and was just recently elevated to $75
for some things. She said in talking to partners who have an interest in how
they perform work outside the office, she asked for their help in proposing
something for an interim. She said the firm said based on the estimated number
of hours they proposed $6,600 per month figure and that would be 60 hours on a
average basis of $110 an hour. She said she would bill them based on the number
of hours and if she performed work less than 60 hours for that month, then she'd
bill them according at the average rate. She said they want her in the office
during office hours and they think there will be competition for that time and
they have said they will be willing to have her bill her services at half the
rate in meetings after hours and travel after hours so for calculations against
the monthly number she will charge her time after 5 p.m. at one-half rate. Mayor
Wessler asked if it's half of $110. Ms. Clayton replied half of $165, and in
the meantime their firm has paralegals and associates whose billing rates are
lower than hers and she'll use them at every opportunity, and supervise their
work so they can try to do an overall economical billing and in the event she
used a paralegal or associate or partner with lower billing rates, they'll bill
at that rate providing it's lower than the $110 on the average.
Councilperson Gillespie moved to accept the proposal presented by Nikki Clayton
this evening to serve as their Interim Attorney. Councilman Hays seconded the
motion. Motion CARRIED 4-1. Councilman Jones voted NO.
Mayor Wessler requested Council input as to the type attorney they want. She
said they're coming up on the CIP that will last a couple of years and will have
a lot of legal expense during that time and they're reaching capacity in the City
where if they bring an in house attorney on board that over a period of time
they'd see a cost savings. She suggested perhaps a young attorney like New
Smyrna Beach has and have him in house and have an outside senior attorney to
turn to for advice. She said looking at past bills of other legal services it
shouldn't be higher than that. She stated in the position they're in, this is
the period when they need to switch to an in house attorney, and if so, they have
to look at all the resumes and notify them they'd go with in house.
Councilperson Gillespie said she likes the idea of in house and getting a young
attorney just out of law school but with the mess they have she prefers to have
a firm that's local enough and has time enough to serve the community in its
best interest but they have it in house with environmental, planning, and
municipal law at least during this first year while they get everything
18 Council Regular Meeting
February 4, 1991
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UNFINISHED BUSINESS (Continued)
Proposa 1 from Attorney Nikki Clayton to provide temporary leaa 1 services
(Continued) straightened out. Mayor Wessler noted firms usually have a fee of
$50, $110, or $125 an hour, but are those classified under the $110 an hour fee
because they would be going to a specialist area and would pay outside legal
costs anyway.
Councilman Hays said they could negotiate and they have several firms that have
submitted applications and some appear to have depth and people in different
specialties of law and during the interview process they could discuss it with
them. He said they need to look at rates but he agrees with Mrs. Gillespie that
with everything facing them now they need experienced people to deal with this.
He said Ms. Clayton can do a good job for them but she's temporary and he likes
the idea of bringing someone on but it may be premature at this point in time.
Councilman Jones asked if they can afford it. He said a big good firm sounds
good and he likes the idea but they have to look at the financial aspects before
they can make a decision and they'll look at the contract to be sure it's to
their specifications. Mayor Wessler noted applications close this Friday and
they need to set up a meeting. Ms. Clayton stated when they advertise for legal
services sometimes the way they advertise determines the type of response and
if they look at what was paid for legal services for a year you wouldn't be
getting someone green just out of law school and if they specify 4-7 years of
experience they'd find qualified respondents. She suggested they go to Florida
League of Cities, Florida Association of Counties, and Florida Bar Journal to
advertise and possibly the Volusia Bar and neighboring Bars to make sure they'll
get the widest possible knowledge of the opening. She said if they're trying
to compare an in house situation versus a firm situation without specifying in
the advert i sement wi 11 not necessari ly produce a 11 the opportun it ies to see
what's in the field. She said she's interested in helping them make the
transition and there are a variety of matters of urgency. She suggested they
look at sister cities to see what they've incorporated and what's working for
them. Mayor Wessler said she'd check before the meeting on this. Councilperson
Martin questioned if they have enough applications. Mayor Wessler suggested it
be on the regular meeting for the 13th. Councilperson Gillespie stated the Mayor
sets the agenda.
COUNCIL/OFFICERS REPORTS
City Attorney - Ms. Clayton thanked Council and said she's looking forward to
working with them in this transition.
City Manaaer - Mr. Johnson had no report at this time.
City Council
Councilman Hays stated several months ago a previous Councilman, Ken Clinton,
approached him about renaming Indian River Boulevard and held like to see a
resolution drafted for a meeting in the future to propose a change to the naming
of Indian River Boulevard to Bald Eagle Boulevard in honor of a gentleman who
served this County all his life. He added that for over 50 years Russ Galbreath
served as constable and sheriff of Edgewater, New Smyrna Beach, and Oak Hill and
was the law enforcement officer for this area and his nick name was the IIBald
Eaglell. He pointed out it would be similar to how Josephine was named in memory
of Mr. Doster. He asked for a resolution if Council had no objections. Mayor
Wessler asked that it be after the 13th and Councilperson Gillespie agreed.
Councilman Hays stated they got about $35,000 for the chip spreader and he
wondered if they can hold spending that unless something urgent comes up until
they finish the budget meetings.
Councilman Hays stated he tried to 1 isten to LDRA meeting tapes and budget
hearing tapes and quality of tapes is very poor and he couldn't understand a
large percentage and it's hard to get information. He asked people to make an
effort to speak so they can hear on the tape and if that doesn't resolve it,
held like a better taping system or better minutes because the minutes don't
reflect contents of the tapes.
Councilman Hays stated this was mentioned before and held like to look at
attendance of people on these boards because some are chronically absent and if
they don't want to participate, they need people who will. He suggested they
look at people who serve on the boards and discuss whether they should serve on
more than one committee or board. 19 Council Regular Meeting
February 4, 1991
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COUNCIL/OFFICERS REPORTS (Continued)
City Council (Continued)
Councilman Hays stated they got a copy of a letter from Connie Mack to adopt a
unit in the Persian Gulf. Mayor Wessler stated she sent a copy to Edgewater
Methodist Church and requested they do something. Councilman Hays asked if by
resolution or whatever to promote this. Mayor Wessler said the Chief's son's
troop could be adopted. Councilman Hays agreed that was an excellent idea.
Counci 1man Hays stated on page 1489 of the Code it addresses sewers and
exemptions and they need to address that immediately because of what was brought
up tonight. Mayor Wessler said it should be on the next agenda.
Counci1person Gillespie stated she wanted 81-R-5 updated and asked the Acting
Attorney to look at it. She noted it originally said any member of a board can
only serve on one board and no blood relatives but since 1981 they have changed
the names of everything and it should be any board it applies to.
Counci1person Gillespie said the Close Up Project is a trip to Washington and
two girls from Edgewater and two from New Smyrna Beach are going and her children
made the trips and this is very worthwhile. She said they study government but
they came up short and tried to raise the funds themselves and this was cut from
the budget in August. She said she promised she'd bring it up tonight because
they're supposed to leave on the 10th. She suggested it be the minimum amount
and they're short $367. She suggested they do $25 per girl and she moved they
give $100 to Close Up for the trip to Washington the 10th to 16th of February.
Councilman Hays seconded the motion. Motion CARRIED 4-1. Mayor Wessler voted
NO, noting she'd said she wouldn't give any more City money away. Councilperson
Gillespie pointed out they've saved $12,000 of City money for insurance.
Counci1person Gillespie said regarding 89-0-27, stormwater ordinance, she still
gets complaints that vacant landowners doesn't pay their fair share. She asked
if an advisory committee could look at what other cities and County are doing.
Counci1person Gillespie said the biodegradable bag projects she turned over to
the advisory committee and Chief Vola was notified.
Councilperson Gillespie said the lease purchase of Christmas decorations she gave
to the advisory board when Jack Corder said he had no objections.
Counci1person Martin said Mark Karet was to send a memo to the City Manager about
absenteeism on the boards limiting to a certain amount for excused or absences.
Planning & Zoning Director Mark Karet indicated held done that.
Counc i 1 man Jones asked if there's act i v i ty on the sen i or ad hoc adv i sory
committee. Mrs. Wadsworth said it's on their upcoming agenda. Councilman Jones
said he hopes people aren't too confused and he hopes to bring it all out in the
next few meetings and people will feel comfortable.
Mayor Wessler asked about recycling paper for the copiers they were checking
into. Mrs. Wadsworth said she spoke to some people this past week and they'll
send information and she'11 get a report to her.
Mayor Wessler asked about Council's getting an AT&T calling card since they get
paid a bare minimum. Mrs. Wadsworth said she'll obtain them.
Mayor Wessler asked Mr. Johnson to keep them updated on the 455 acre annexation
because she tried to listen to the tapes and it's almost impossible.
Mayor Wessler asked they be kept up to date on the condominium on Riverside Drive
because it's embarrassing to be told something they're not aware of.
Mayor Wessler asked about the sign ordinance. Mr. Karet said the committee went
through various issues. Mayor Wess ler asked about a date for a draft. Mr.
Karet said he thought it could be the end of March. Mayor Wessler said she'd
like to abolish the committee and put it in the hands of staff to work on it on
a daily basis because it's taking a long time to get it and signs are going up
everywhere. She asked Council to consider abolishing it and putting it in Mark's
hands to finish it and bring it for their approval. Councilman Hays noted they
were going by a model of Boca Raton. Mayor Wessler said Boca Raton is not
Edgewater and paid employees can speed this up and perhaps get it at the end of
20 Council Regular Meeting
February 4, 1991
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COUNCIL/OFFICERS REPORTS (Continued)
C;tv Coune;l (Continued)
the month. Councilperson Gillespie pointed out she'd rather see Mark working
on the Comprehensive Plan due to the hearing. Mayor Wessler noted it looks like
they may not go to hearing based on the conference call they had. There was
discussion about the department's work load and Mayor Wessler asked Mr. Karet
to speak to the committee at their next meeting and get an estimate of the finish
date. After more discussion, it was agreed to request it by the end of February.
Mayor Wessler stated that based on everything they've heard tonight, she feels
she was not informed properly as a Council member and she asked Council to take
evaluation sheets, they've had two months in office, and do a formal evaluation
on Mr. Johnson at which time they can come back and discuss it, and discuss
anything they might want him to improve on or any other thing they want to add
to their evaluation. Councilperson Gillespie moved for an evaluation on Mr.
Johnson. Councilman Hays seconded the motion, and asked if it's the job
performance evaluation sheets. Mayor Wessler said it's the same as used before
and there's comments on the bottom for improvements or suggestions about his
job. Councilman Jones asked if it's a set time every 6 months. Mayor Wessler
replied he had one October 1st and that was by previous Council and this new
Council has been working with him about two months and she feels it's necessary
to give Mr. Johnson an evaluation. Councilperson Gillespie stated the one in
October was late and was due in July and they didn't get around to it. Mr.
Johnson stated his evaluation is supposed to be annually and was supposed to be
in effect in July. He asked if this was in lieu of her asking him to resign as
she told him she was going to do. Mayor Wessler replied yes, it was. Mr.
Johnson asked if it's in lieu of Nikki Clayton contacting him this afternoon
and discussing alternatives to his leaving the City employment. Mayor Wessler
replied yes. Mr. Johnson said based on her decision, she had contacted at least
four of the Mayor and Council who wanted him fired, supposedly for cause. Mayor
Wessler said she wasn't aware of that. Mr. Johnson said that was what he was
told and he thinks it should be brought up to the public and if they have a
disagreement that's why the contract was designed the way it was. He said he
would be out of their hair and he doesn't want to be somewhere he's not wanted,
but he will not resign as City Manager of Edgewater. Mayor Wessler said that's
why they'll do the evaluation so they can pick out things they think he should
improve on. Mr. Johnson stated this is different from what she told him she'll
do. Mayor Wessler stated she did ask for Mr. Johnson's resignation due to the
fact that he had a staff meeting last week, or a couple weeks ago, that she asked
to be able to sit in the corner and spectate and he refused her entry and she
found out later the president of the Chamber of Commerce of Edgewater was allowed
into that meeting. Mr. Johnson stated it's not the president. Mayor Wessler
said it was Fred Baker, and she asked for Mr. Johnson's resignation and in lieu
of that fact and other facts she doesn't want to air now. Motion CARRIED 5-0.
Mayor Wessler stated these evaluations will be due at the next regular meeting.
Mayor Wessler said the forms will be in their boxes tomorrow.
QUESTIONS FROM PRESS
There were no questions from the press.
CITIZEN COMMENTS
Joe Mart;n, Chairman of Industrial Development Board, stated he's heard advisory
boards mentioned more tonight than in all the meetings of the two previous
Councils. He said he's glad they're concerned and they'll be receiving a Charter
update and there are provisions in their by-laws that cover absenteeism with 3
unexcused absences they're automatically off. He said they sent a questionnaire
to all Board members and when he submitted his there was a note that the Board
wants to meet with Council after they've been here awhile and it's obvious they
set a record in meeting longevity but his board would like to meet as a group
sometime in March. He said they're waiting for Council to learn where all the
skeletons are buried, and Mr. Johnson may have made them aware of the Planned
Industrial zone that's tied into approval of the Comprehensive Plan. He said
they're looking forward to meeting with them sometime in March. Councilperson
Gillespie said their committee is working with the Chamber, ad hoc, and VCOG.
ADJOURN
Mayor Wessler suggested a motion to adjourn. Councilperson Martin so moved.
Councilman Hays seconded the motion. Meeting was adjourned at 11:08 p.m.
Minutes submitted by:
Lura Sue Koser
21
Council Regular Meeting
February 4, 1991
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22
Council Regular Meeting
February 4, 1991