Loading...
01-22-1990 - Special/Public Hearing '. ~ ...., CITY COUNCIL OF EDGEWATER SPECIAL MEETING & PUBLIC HEARINGS JANUARY 22, 1990 MINUTES Mayor Mitchum called the meeting to order at 7:00 p.m. in the Community Center. He read the items on the agenda, stating the first two items are public hearings and items 3 through 9 are for Council action. ROLL CALL Mayor David Mitchum Councilman Dan Hatfield Councilmember Gigi Bennington Councilman Russell Gold Councilman Thomas Fish City Attorney Jose' Alvarez City Manager Elly Johnson City Clerk Susan Wadsworth Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present Mayor Mitchum suggested a motion to go from the special meeting to the public hearing. Councilman Gold so moved. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Public Hearina and action: request to rezone NW and SW corners of India Palm Drive and 442 from R-1B to B-2 - Mr. Johnson stated the Land Development & Regulatory Agency has recommended denial of this request to rezone. Ralph Hope, 1842 India Palm, opposed the rezoning. He expressed concern that the business could change to another business at a later date which would not improve the area. He referred to the water problems from the Jiffy store when it rains with water to the center of the road, and if they put it on the other side, the water will fill the entire road. He pointed out regulations have changed regard i ng dump i ng water since his house was bu il t 30 years ago. He stated the Jiffy store business causes paper cups and sandwich wrappers to be in his yard from across the street and this would be worse. DOUQ Libby, 2201-12th Street, represented both corner lots. He stated he wants to have an ice cream store and Mae Thompson, the owner of the other corner lot, wants to have a child care or professional office. He pointed out when the gas pumps went in there were no buffers required. He said neither of their businesses would be offensive to a neighborhood. He stated they'll create a developer's agreement to put a fence and tree line on the west lot lines of both lots to provide a buffer and beautify the street with a divider between commercial and residential to insure no domino effect continues down the street. He said he surveyed some of the residents and this type of business is welcomed by the community. He said held conferred with a law firm dealing with munici- palities and he'll agree to any deed restrictions to rule out certain businesses such as a gas station or pool hall or anything like that. He pointed out that regardless of whether a house or business goes there, they'll have to meet the drainage requirements. He added that regarding paper cups and trash, his site plan will include a barrier between his home and the business and he'll try to get along with his neighbors. Frank Roe, 2732 Juniper, objected because of 442 traffic but may change his mind when it's four laned. Held heard Council won't try to generate business on 442, they don1t know what business will end up in these places, and it would be a poor idea to grant it. John Whittenton, 1843 India Palm, stated they don't know what will happen in two years, they don't want it zoned for business or more junk in his yard. He added the railroad track area can be zoned and they have the shopping center. Arnold Simonsen, 1846 India Palm, asked that they leave it as it is. He said if they zone it then maybe the next street will be the same and then all the way to 95 and he's very much opposed to it. Donald Warren, 1851 Juniper, opposed the rezoning. ........ .."" Public Hearin" and action: Request to rezone Lots 49 throu"h 61. Banvon Tree Drive. from R-1B to B-2. R-4. or R-5 - Mr. Johnson stated they received the recommendation from the Land Development and Regulatory Agency to deny this rezoning. Frank Roe, from the audience, asked where it is. Mayor Mitchum replied it's behind the shopping center. Mayor Mitchum requested a motion to go from the publ ic hearing back to the special meeting. Councilman Hatfield so moved. Councilmember Bennington seconded the motion. Motion CARRIED 5-0. India Palm action - Councilmember Bennington moved they accept the LDRA recommendation and deny the rezoning based on their reasons. Councilman Hatfield seconded the motion. Councilmember Bennington noted for the record there was an ordinance in effect on buffers from commercial to residential and it's been on the books since 1983 so it was erroneous to say there was no buffer required. She noted that 5 or 6 years ago the Planning Board wanted to rezone that whole strip to B-2, the public didn1t want it, and it didn't get past the Planning Board, and from what they1re hearing now, the public still doesn't want it. She agreed there's too much traffic from 442 now. Motion CARRIED 3-2. Mayor Mitchum and Councilman Gold voted NO. Banyon Tree Drive action - Councilman Gold asked the depth of those lots. A gentleman from the audience replied 125 feet. Councilman Hatfield moved they deny the rezoning request. Councilmember Bennington seconded the motion. Motion CARRIED 5-0. Utilities Director's request to contract for Flaaler Avenue sewer line repairs with Insituform Southeast. Inc. as sole source vendor Mr. Johnson stated in December they received bids on several streets, they were too high, and it was recommended to reject them and advertise for Flagler only because of street repairs. Councilman Fish asked if other firms perform that same type of repair work or if this is a sole source. Mr. Terrv Wadsworth, Utilities Director, replied the inversion lining process they use is patented and it will keep it consistent with North Flagler which was done two years ago and had good results. Mr. Johnson asked if they'd done other jobs. Mr. Wadsworth replied only one. Councilmember Bennington asked if 9.27 (4)(b) regarding patent rights is the reason. Mr. Wadsworth replied yes. Councilmember Bennington asked why they didn1t do it first and not put out for bid for all streets if they're the sole source and we've had satisfactory experience with them. Mr. Wadsworth replied their type of repair methods couldn't be used on some of the streets and by breaking it out on Flagler they save $12,576.25 as explained in the DRMP letter. Councilmember Bennington asked why they didn't go there first for Flagler. Mr. Wadsworth replied they felt they'd get a better price if they bid all the jobs at one time but it didn't work that way. Councilmember Bennington asked why they didn't bid. Mr. Wadsworth replied they couldn't perform all the work. Council- member Bennington asked if the repairs are budgeted. Mr. Wadsworth replied yes. Councilmember Bennington asked how much it came in over budget. Mr. Wadsworth replied about $65,000 was budgeted and they thought it would be $49,-$50,000, but there1s a lot of new construction in the area and most contractors want to do that. Councilmember Bennington noted these are on gravity system and they have to expend funds to keep it working. Mr. Wadsworth agreed. Councilman Fish moved they accept the Utilities Director's request. Councilman Hatfield seconded the motion. Motion CARRIED 5-0. Res. 90-R-5 Beautification Committee's recommendation to apply for DOT Hiahway Beautification Grant for U.S. 1 median - Mr. Johnson stated he and the Beautifi- cation Committee are recommending applying for a highway beautification grant and when it1s approved, they'll come back to Council for approval. He said the total cost is approximately $40,000 with 50% matching costs which can be in kind services, and it has a February 1st deadline and needs an architect1s seal. Mayor Mitchum read the Resolution. RES. 90-R-5 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE CITY MANAGER AND HIS STAFF TO APPLY FOR A HIGHWAY BEAUTIFICATION GRANT MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Gold moved for approval of Resolution 90-R-5. Councilman Hatfield seconded the motion. 2 Council Special Meeting & Public Hearing Minutes January 22, 1990 ~ 'WI' Res. 90-R-5 Beautification Committee's recommendation to apply for DOT Hiqhway Beautification Grant for U.S. 1 median (Continued) Councilmember Bennington stated she has a problem with the way this was handled. She asked if the cost for engineers and landscape architect is $4,000. Mr. Johnson replied the $4,000 is just for landscape architect and it will be eligible for the cost. Councilmember Bennington asked about the 20% overhead and profit. Mr. Johnson replied he doesn't know where the profit came from and it's not to exceed $4,000. He pointed out DOT is going to do some work and will buy some rights of way on 442 and the grant can be cut down according to the final 1 ine up as to what can be done without irrigation. Councilmember Bennington said the cost is just an estimate at $43,211 and it will not go over $40,000. Mr. Johnson stated they won't apply for more than $40,000. Council- member Bennington asked where the money will come from. Mr. Johnson replied in kind costs with materials and manpower and it will be not approved and received until the next fiscal year. Councilmember Bennington asked if they can count volunteers. Mr. Johnson replied they can count the City labor. Councilmember Bennington asked how they can maintain it after it's in. Mr. Johnson replied there's a two man crew that works on median maintenance for 442 and U.S. 1 and they got a State grant for that. Councilmember Bennington stated they went to the south because of the work they'll be doing to the north. Mr. Johnson explained Park Avenue is in the process with the County and several to the north are all concrete and they have to consider irrigation. Councilmember Bennington asked if the balance will come from special road maintenance funds that were approved. Mr. Johnson replied yes, in the budget. Councilmember Bennington asked where the plans are for the grant. Mr. Johnson explained the requirements of height and types of plants that will be approved by DOT. Councilmember Bennington asked if the resolution is just to apply for a 50/50 grant. Mr. Johnson replied once it's approved, then you have to accept it and it's not official until the City accepts the grant. Councilmember Bennington asked how they'd change it if there's a problem with some of the plans and they don't like it. Mr. Johnson replied they'd reject the grant. Councilmember Bennington expressed concern about it. Mr. Johnson noted they have 3 or 4 people in the landscape business on the Beautification Committee and they're recommending to do this and they made suggestions on some of the plants. He added they don't have to accept the grant. Councilmember Bennington asked if they're paying the landscape architect to do the design. Mr. Johnson repl ied it I S reimbursable if they get the grant. Councilmember Bennington asked if would be 50%. Mr. Johnson agreed, adding if they proceed with the way they require, it will be about $4,000. Councilmember Bennington asked if it's about $2,000 for our part. Mr. Johnson agreed. Councilmember Bennington stated she understands the time frame but doesn't like to vote for something they don't see, but they have the paper work and will take the Beautification Committee's word on this because she trusts them, but would like plans when they have something like this. Motion to approve Resolution 90-R-5 CARRIED 5-0. Res. 90-R-6 Authorizinq contract with Raymond James & Associates as City's Financial Advisors - Mr. Johnson stated that at the last Council meeting, Council authorized the CIP Committee to meet with Raymond James and negotiate an agreement related to the services of Financial Advisor and they met January 16th and the following is their recommendation: $8,000 per issue, 75 cents per $1,000 and a maximum of $2,000 expenses for each issue for in-State travel and expenses only. He added the only exception is if there's a second issue related to the State Revolving funds but there will be no up front costs. He pointed out this is all contingent on the City issuing the bonds and there's no cost if the City doesn't issue the bonds. Councilmember Bennington asked how it would be handled if they come up with an alternative method instead of bonds. Mr. Johnson replied if there's an issue you have to do all the information, but if there's none, then there's no cost involved. Councilman Hatfield asked how this compares with the predecessor. Mr. Johnson explained they had a contract with a financial investment and underwriter and it's a flat rate based on the issue cost, and this is competitive from what they could find out in surrounding areas such as New Smyrna Beach. He pointed out it was quoted at $10,000 plus $1.00 per $1,000 and no cap on expenses. 3 Council Special Meeting & Public Hearing Minutes January 22, 1990 . . .'P ...., Res. 90-R-6 Authorhing contract with Ravmond James & Associates as City's Financial Advisors (Continued) Mayor Mitchum read the Resolution. RES. 90-R-6 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, TO EXECUTE A "FINANCIAL ADVISOR'S AGREEMENT II WITH RAYMOND JAMES & ASSOCIATES, INC., REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Bennington moved they accept 90-R-6. Councilman Hatfield seconded the motion. Councilman Fish stated they started this financing with A. G. Edwards who was to act as Financial Advisor and then resign and become underwriters and it was Fred Pauzar and Burt Saunders and now they have a young man in charge of the account and he isn't sure he has the experience to be a financial advisor but has the qual ifications for structuring the bond issue. He pointed out it's imperative to have an independent Financial Advisor to watch over this issue who has no way to gain or lose. Motion CARRIED 5-0. Ord. 89-0-39 Adopting merit system policy. pay plan. and classification and pay schedule (Tabled December 18. 1989) - Councilman Fish moved they pull it off the table. Councilman Gold seconded the motion. Motion CARRIED 5-0. Mr. Johnson stated Councilman Fish had asked for a recommendation from the Merit Board and Council received it with the minutes from their meeting and he can answer any questions. Mayor Mitchum read the Ordinance. ORD. 89-0-39 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AMENDING SECTION 13-29 OF THE CODE OF ORDINANCES OF THE CITY OF EDGEWATER, FLORIDA, BY ADOPTING A NEW MERIT SYSTEM POLICY; A CITY OF EDGEWATER PAY PLAN; A CLASSIFICATION AND PAY PLAN AND CLASS DESCRIPTIONS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Councilman Hatfield moved to accept Ordinance 89-0-39. Councilmember Bennington seconded for discussion. Councilman Gold stated he agrees with some of the recommendations but doesn't agree with the report as a whole, some of the profess iona 1 s don't get the salaries scheduled here and some recommended classifications are high and it's a big jump at one time, such as five steps with no documentation. He asked if it's economically feasible to grant such increases, pointing out the fringe benefits costs also increase. Mr. Johnson asked which was the five steps classification. Mr. Johnson replied the Recreation Assistant was a 14 to 19. Mr. Johnson explained that was supposed to have been taken care of when Jack Corder was in the position and it was never done but that's the only one that's more than one or two steps. Councilman Gold noted some went four steps for the Police Detective Sergeant and others, and he tried to keep an open mind but a lot are considerably higher. Mr. Johnson explained they had no Detective Sergeant before, he's a Sergeant, and Sergeants are a 17. Councilman Gold stated it should have been explained more clearly. Mr. Johnson noted it just shows them where it's supposed to be and only about 20 people are getting an adjustment. Councilman Fish stated there's a disparity in Department Head positions with the Police Chief and Fire Chief at a 24 and the engineer at a 30, as he feels the Police and Fire Chiefs would have more responsibility than an engineer. He added they're looking for a professional engineer and engineers are hard to find and they may need to induce them with money but such disparity disturbs him. Mr. Johnson explained nobody is trying to take anything from the Police or Fire Chief but their requirement is not more than the engineers as health and welfare and working with sewer and water are involved in engineering, and that's the going rate now. He added he hasn't been able to find anyone and most communities are paying higher than that. He noted they discussed this during the budget and put in for a $40,000 salary and no position can be approved if they weren't approved in the budget. He added they Ire payi ng more than that for City Engineering services now. Councilmember Bennington stated she has no problem with the report but this was tabled and sent back to the Merit Board for discussion and the minutes from the Merit Board but the letter they got and the minutes only say they agree with it and that's it. Mr. Johnson explained they gave their recommendation but they can do a verbatim of the minutes. Councilmember Bennington again said she has no problem with the report or the ordinance but they didn't get what they sent it back for. Councilman Hatfield asked Harry Jones, who was in the audience, for a summary. Councilmember Bennington pointed out he was the only one who voted against it. 4 Council Special Meeting & Public Hearing Minutes January 22, 1990 ~ 'W Ord. 89-0-39 Ado t;n mer;t s stem ol;c a lan and class;f;cat;on and a schedule (Tabled December 18. 1989) (Continued Harrv Jones, Merit Board Chairman, stated only four members were present, it was not discussed in great detail, and the main concern he saw was some of the grades were jumped so many steps, but they didn't discuss just which ones. He said Mr. Johnson was there previously and discussed it in great detail but his discussion was all in favor of it and pointed out the good things about it. He added that what he can't see is there's no appeal procedure for anything, but Mr. Johnson had said at an earlier meeting that if anyone disagreed or had a problem, they1d take it up with their immediate Supervisor and Department Head and then City Manager. He said as a whole and on the surface it looks very good and he was pleased to see some of that but there has been a lot of discussion among City employees about the position descriptions and he'd like an organization location of the individual descriptions to give them a set up as to where these positions were stationed. He added they voted 3 to 1 in favor of it. Councilmember Bennington asked if the Merit Board has any problems with it. Mr. Jones replied they did not seem to have any problem with it. Mr. Johnson explained they do have an organizational chart and it was in the budget last year, and it1s not that they didnlt have a right of appeal but a right of grievance as set out in the contract and it goes through the procedures and this doesn't change the grievance procedure. Councilmember Bennington asked if they budgeted for the increase they1re going to have. Mr. Johnson replied yes, they have the money to take care of it in the budget. Motion to accept Ordinance 89-0-39 CARRIED 3-2. Councilman Gold and Councilman Fish voted NO. C;tv Manaaer's evaluat;on at end of sb months - Mr. Johnson stated during discussions when he was hired Council agreed at the end of six months an evaluation would be done and he gave them a form to fill out and for discussion and questions. Councilmember Bennington suggested Council fill it out and give it to the Mayor and he could tally and bring it back at the next regular meeting as to the average. Councilman Fish stated something like this does not belong in a special meeting and it should have been done at a regular meeting for citizens to be able to comment because itls not just Council he works for but also the citizens of Edgewater and held like public input. Mr. Johnson apologized and said the discussion had been the Mayor and Council would do the evaluation and that was why it was put on there and there was no intent to take away from anyone. Mayor Mitchum stated he has no problem with it being a special or regular meeting and Council has to decide whether the City Manager is eligible for a raise. Councilmember Bennington moved that each of the Council do their evaluation and turn it over to the Mayor to tally and evaluate and the Mayor being it back at the next regular meeting. Councilman Fish asked the deadline to have it to the Mayor. Councilmember Bennington clarified they'll give it to the City Clerk who wi 11 give it to the Mayor. It was agreed Monday, the 29th, wou 1 d be the deadline. Councilman Fish seconded the motion. Motion CARRIED 5-0. Pyram;d Park Corporat;on's request that C;ty assume ma;ntenance. operat;on and ownersh;p of lift staHon - Mr. Johnson stated the Ut il it ies Director and Attorney have reviewed this and met with Mr. Schilling and it is recommended the City take over the maintenance of the facility and the plant will be brought up to the standards we require and if approved the City Attorney will draw up the necessary paper work. Councilman Fish asked if the lift station is operating at full capacity or if we could use some of it. Mr. Johnson replied it's built for the size of the park which is filled. Mr. Wadsworth noted its location in the park would make it impractical. Councilman Fish asked if it's sufficient for that area. Mr. Wadsworth replied yes. Councilman Gold asked if it will require any additional City employees. Mr. Wadsworth replied no, and we already maintain one at Silver Ridge. Councilmember Bennington moved to accept their recommendation to accept maintenance, item 1. Councilman Gold seconded the motion. Motion CARRIED 5-0. 5 Council Special Meeting & Public Hearing Minutes January 22, 1990 .. ...." Industrial Development Board1s request re: Youna Professionals in Economic Internship Proaram - Mr. Johnson stated they had a request from the Chairman of the Board to put this item on the agenda because of a deadline they're facing. Joe Martin, Chairman of the Industrial Development Board, stated they received a letter from the State Department of Commerce regarding an intern program for a graduate student to work on a project they would define for him and they need the response to Tallahassee by February 1. He said the Board has been talking about collecting information and putting it in one source to be helpful to industries that want to locate here and those that want to expand and it was difficult to find manpower and time to do it. He said the Board voted to recommend they participate in the program and they'd have to make a commitment to the State as shown on the application form to provide a place for the intern to stay for 12 weeks and a place to work and pay $150 for one week's training at the university before he comes down. Councilman Fish asked the bottom line cost. Mr. Martin replied the cost to the City would be 12 weeks I lodging plus space to work and perhaps rental of a computer for word processing with an upper limit of $3,000. He added the Board agreed to put $800 of their funds into that so the Council would have to provide the difference. Mr. Martin stated that regarding fiscal impact, the intern program is to provide the labor to collect and assimilate the date and put it in a document and the future fiscal impact would be how to pay for the publication of the brochures. He said there's a second State program for up to $2,500 of matching funds to produce papers but that would come later after the data's collected and the document is prepared. He added there will probably be some type of handout but production would come later. Councilman Fish asked if the cost would basically be just room and board. Mr. Martin replied just the room and up to $150 for a place to stay during one week at the university while training on what to do and a place to work. Councilman Fish suggested a citizen may want to open his home and it wouldn't cost anything. Mr. Martin agreed, noting he should be located near. Councilman Fish asked if they1re committed if they make application and then change their mind or could they back out of it. Mr. Martin said he didn't know, but if they don't make the February 1st deadline, they.ll not be committed. Councilman Hatfield stated he's apprehensive about doing it so quickly but it might be nice for next year and they don't have all the answers they need and they may bring someone here without a solid plan of what they want him to do and what direction the Council wants him to take and it could be adverse for that person and the Council. He suggested they plan it for 1991 if possible, and agreed it's a good idea. Councilmember Bennington stated Council may not know just what the intern is to do and he goes to school to learn whatls expected to put the packet together. Mr. Martin explained he goes to school to see what.s required of him to get his credit but we define up front what we want him to do with the description of the project. Councilmember Bennington noted our Planning Director participated in the program. Mark Karet, Planning and Zoning Director, stated he participated while he was in graduate school and he stayed in a house donated through the Chamber of Commerce by one of its members and it didn't cost the County because of the donation and he was paid $5.00 an hour to work. Mr. Johnson pointed out he'd hired several interns over the last few years and all had to have subsistence and he didn't see anything about housing and held received another letter today about another program. He noted they're required by the school to do certain things to get credit and they can be required to do what we want. Councilmember Bennington said they don't know what it will cost if they don1t get someone to donate a place for this intern. Mr. Martin stated the upper limit would be $3,000. Mr. Karet said the only cost will be the place to stay, the space they gave him, and the $150. Councilman Hatfield asked where it would come from in the budget. Mr. Johnson replied unappropriated funds. Mr. Karet noted there1s some money in his budget. Mr. Martin explained they had $1,000 budgeted and they agreed they'd pay up to $800 as the appreciation dinner has to be paid from that fund and it was $83 last year. 6 Council Special Meeting & Public Hearing Minutes January 22, 1990 ~, ~ .' . ~ -- Industria 1 Development Board I s request re: Youna Professiona 15 in Economic Internship Proaram (Continued) Councilmember Bennington asked if there's a rough draft of what they want and if there's anything locked in. Mr. Martin replied they briefly documented the outline and it's in the packets of what they'd like in the document. He said preparing to go to the State isn't the problem but the problem is finding a place for him to stay and a place to work. Councilmember Bennington asked if they can refuse it. Mr. Martin replied he doesn't know, but if it1s not there by February 1st, it's a dead issue, but he doesn1t know if they1re committed or not. Mr. Karet pointed out there will be a selection process and they'll evaluate the different projects. Mr. Johnson agreed there's no guarantee of getting an intern because other cities are also doing it. Councilmember Bennington moved they submit the application on the condition that Mr. Martin finds out if they decide if they get selected they can back out of it if they want to. Councilman Hatfield added before the final decision is made because once they make the decision they don't want to back out. Councilmember Bennington agreed. Councilman Fish seconded the motion. Motion CARRIED 5-0. Mayor Mitchum requested a motion to adjourn. Councilman Hatfield so moved. Councilmember Bennington seconded the motion. Meeting was adjourned at 8:20 p.m. Minutes submitted by: Lura Sue Koser &~~ ~<( MAYOR ~~ OUNC LM W"-: -r ~v / ~ / /' / , I COUNCILMAN - ZONE FOUR ATTEST: ~t(~ C ITY CLER~ ved this {;g ~y ~ Cl~;W~ M OR 7 Council Special Meeting & Public Hearing Minutes January 22, 1990