05-15-1989 - Special/Workshop
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CITY COUNCIL OF EDGEWATER
SPECIAL MEETING & WORKSHOP MINUTES
HAY 15, 19a9
MINUTES
Mayor Mitchum called the meeting to order at 6:00 p.m. in the
Community Center. He stated the purpose was for interviewing and
making final selection of the professional team for the capital
improvements program and for authorizing purchase of new water
plant and wellfield site.
ROLL CALL
Mayor David Mitchum
Councilman Dan Hatfield
Councilwoman Gigi Bennington
Councilman Russell Gold
Councilman Thomas Fish
City Attorney Jose' Alvarez
City Manager William Powers
Acting City Clerk Susan Wadsworth
Chief Lawrence Schumaker
Present
Present
Present
Present
Present
Present
Present
Present
Present
Res. a9-R-2a Amendment 19a9-6 to Dyer. Riddle. Hills & Precourt.
Inc. Aqreement for Land surveYing services associated with Florida
Shores ~rofessional survey procurement - City Attorney Alvarez read
this Resolution. Res. 89-R-28 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE
OFFICIALS OF THE CITY OF EDGEWATER TO EXECUTE AMENDMENT NO. 1989-
6, "ENGINEERING SERVICES ASSOCIATED WITH FLORIDA SHORES PRO-
FESSIONAL SURVEY PROCUREMENT ASSISTANCE AND PROJECT ADMINISTRATION"
WITH DYER, RIDDLE, MILLS & PRECOURT, INC.; REPEALING ALL RESO-
LUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE DATE.
Councilman Hatfield moved they accept Resolution 89-R-28. Council-
woman Bennington seconded the motion. Motion CARRIED 5-0.
Res. a9-R-29 Amendment 19a9-7 to Dyer. Riddle. Hills & Precourt.
Inc. Agreement for consu1tina services associated with desian and
construction management of the Florida Shores Infrastructure
Improvements - City Attorney Alvarez read this Resolution. Res.
89-R-29 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER
FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS OF THE CITY OF EDGE-
WATER, FLORIDA, TO EXECUTE AMENDMENT NO. 1989-7, "ENGINEERING
SERVICES ASSOCIATED WITH DESIGN AND CONSTRUCTION MANAGEMENT OF THE
FLORIDA SHORES INFRASTRUCTURE IMPROVEMENTS FOR THE CITY OF EDGE-
WATER" WITH DYER, RIDDLE, MILLS & PRECOURT, INC.; REPEALING ALL
RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR AN EFFECTIVE
DATE. Councilman Gold moved for approval of Resolution 89-R-29.
Councilman Hatfield seconded the motion. Motion CARRIED 5-0.
Res. a9-R-30 Amendment 19a9-a to Over. Riddle. Hills & Precourt.
Inc. Aareement for enaineerina services associated with Desian and
Construction Hanaaement of the Wastewater Treatment Plant - City
Attorney Alvarez read this Resolution. Res. 89-R-30 - A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING
THE APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER TO EXECUTE
AMENDMENT NO. 1989-8 "ENGINEERING SERVICES ASSOCIATED WITH THE
DESIGN AND CONSTRUCTION OF THE WASTEWATER TREATMENT PLANT UPGRADE
AND EXPANSION FOR THE CITY OF EDGEWATER" WITH DYER, RIDDLE, MILLS
& PRECOURT, INC.; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH
AND PROVIDING FOR AN EFFECTIVE DATE. Councilwoman Bennington moved
they accept Resolution 89-R-30. Councilman Fish seconded the
motion. Motion CARRIED 5-0.
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Res. 89-R-31 Amendment 1989-9 to Over. Riddle. ~lls & Precourt.
Inc. for Enaineerina Services associated with the development of
a Stor.mwater Master Plan - City Attorney Alvarez read this Reso-
lution. Res. 89-R-31 - A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE OFFICIALS
OF THE CITY OF EDGEWATER, TO EXECUTE AMENDMENT NO. 1989-9, "ENGIN-
EERING SERVICES ASSOCIATED WITH THE DEVELOPMENT OF A STORMWATER
MASTER PLAN FOR THE CITY OF EDGEWATER" WITH DYER, RIDDLE, MILLS &
PRECOURT, INC.; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING FOR AN EFFECTIVE DATE. Councilman Fish moved they accept
89-R-31. Councilwoman Bennington seconded the motion. Motion
CARRIED 5-0.
Res. 89-R-32 Financial advisors/investment bankers - City Attorney
Alvarez read this Resolution. Res. 89-R-32 - A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE
APPROPRIATE OFFICIALS OF THE CITY OF EDGEWATER, TO EXECUTE A "PRO-
FESSIONAL SERVICES AGREEMENT" WITH AS FINANCIAL ADVISOR/
INVESTMENT BANKER; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH
AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Mitchum stated the CIP
Committee recommended A. G. Edwards & Sons. Councilman Hatfield
moved they adopt Resolution 89-R-32 with A. G. Edwards & Sons.
Councilman Gold seconded the motion. Motion CARRIED 5-0.
Res. 89-R-33 Bond counsel - City Attorney Alvarez read this Reso-
lution. Res. 89-R-33 -A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, AUTHORIZING THE ENGAGEMENT OF FOR
BOND COUNSEL AS PER THE ATTACHED PROFESSIONAL SERVICES PROPOSAL;
REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND PROVIDING FOR
AN EFFECTIVE DATE. He stated the firm recommended by the CIP
Committee is Livermore, Klein & Lott, P.A., Jacksonville. Council-
woman Bennington moved they accept 89-R-33 with the CIP Committee's
recommendation of Livermore, Klein & Lott, P.A. Councilman
Hatfield seconded the motion. Councilman Fish asked if the agree-
ment was reached that Dan Livermore would be the primary person.
City Attorney Alvarez replied yes, and the letter arrived at City
Hall. He read the May 11, 1989, letter from Dan Livermore which
listed the fees. Motion CARRIED 5-0.
Res. 89-R-34 In-house leaal services - City Attorney Alvarez read
this Resolution. Res. 89-R-34 - A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF EDGEWATER, FLORIDA, AUTHORIZING THE APPROPRIATE
OFFICIALS OF THE CITY OF EDGEWATER TO EXECUTE A "PROFESSIONAL
SERVICES AGREEMENT" WITH JOSE B. ALVAREZ FOR IN-HOUSE LEGAL
SERVICES; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING FOR AN EFFECTIVE DATE. Councilwoman Bennington moved
they accept 89-R-34. Councilman Fish seconded the motion. Motion
CARRIED 5-0.
Res. 89-R-35 Underwriter counsel/leaal financial advisors - City
Attorney Alvarez stated this was prepared with the expectation
they'd have a different firm for bond counsel and that Dan
Livermore will be the special legal financial advisor, but there
were changes in the computations of the fees and based on prior
actions he feels that perhaps this resolution should be amended on
the floor. He said what they need is a firm on standby in case
other legal services of bond counsel type are required as a result
of the CIP project such as the protection of our Chapter 180
service area from intrusion of other governmental entities. He
pointed out that letters have gone out advising them to desist
these activities. He stated they need to protect future expansion
and there's a possible conflict of other entities regarding the
landfill just outside our proposed new wellfield and letters have
been sent by State agencies opposing this, as well as by the New
Smyrna Beach Utilities Commission. He explained that Council will
determine the final course of action but they need to be prepared
to move in that direction to defend the service area as well as the
Council Special Meeting
& Workshop Minutes
May 15, 1989
2
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Res. 89-R-35 Underwriter counsel/legal financial advisors (Cont'd)
wellfield location. He suggested it could be amended to engage the
firm of Greenburg, Traurig if needed and any decision to actively
engage their services will have to be approved by Council. He
pointed out they could also table it indefinitely but he'd like to
see the firm designated for that purpose. Councilman Fish moved
they amend Resolution 89-R-35 and where it says "authorizes the
engagement of.." place Greenburg, Traurig, Hoffman, Lipoff, Rosen,
Quentel, P.A. as a supplemental counsel during the period of our
CIP program. Councilman Hatfield seconded the motion. Motion
CARRIED 5-0.
Res. 89-R-36 Authorization for Durchase aqreement for 50 acre tract
for new water Dlant and well fields - City Attorney Alvarez stated
this will secure the site for the new wellfields and water plant.
He said it's a cornerstone of the entire project and then they can
move from there. He noted they have an appraisal registered and
subsequent legal requirements pertaining to title and establish-
ment of the present corporation who owns the property, as stated
in the resolution. He read the Resolution. Res. 89-R-36 - A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA,
AUTHORIZING THE NECESSARY AGREEMENTS FOR THE PURCHASE OF APPROXI-
MATELY 50 ACRES IN THE NORTHEAST QUADRANT OF THE INTERSECTION OF
STATE ROAD 442 AND INTERSTATE HIGHWAY 95 FROM HANSON AND
McCALLISTER, INC. A FLORIDA CORPORATION FOR THE PURPOSES OF
CONSTRUCTING A NEW 5.0 MGD WATER TREATMENT PLANT AND ASSOCIATED
WELLFIELDS, AT A COST NOT TO EXCEED $10,000.00 PER ACRE, SUBJECT
TO A SURVEY, MARKETABLE TITLE, LEGAL REQUIREMENTS AND FINAL COUNCIL
AUTHORIZATION; REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING FOR AN EFFECTIVE DATE. Councilman Hatfield asked if they
could purchase the entire 80 acres at $8,000. Ci ty Attorney
Alvarez replied he'd like to sell the entire parcel because they're
buying the high ridge and if the City considers the entire 80
acres, the price will be reduced. He pointed out the initial offer
was $8,000 and then he went to $9,000 and they have this 50 acres
fixed. He added that he'd like to get this secured with the
resolution and if Council desires they can continue negotiations
for the entire parcel and will come back to Council with the
figures. Councilman Hatfield asked the consulting engineers if the
City should take the entire 80 acres. Gerry Hartman, Vice
President, Dyer, Riddle, Mills & Precourt, Inc., replied that 50
acres is sufficient for the water expansion program and the
wellfields but they could utilize it for additional wellfield
protection. Councilman Hatfield asked if it could benefit the City
in the next 20 years. Mr. Hartman replied that with the Safe
Drinking Water Act they don't know what the years ahead will
regulate. He suggested they may give the City Attorney the option
of negotiations they could consider, but it's not necessary. City
Attorney Alvarez pointed out that land to the west is part of the
O'Reilly tract tied up in the State and it has a Green Belt
exemption and to the east if it's sold to another buyer, it could
be subject to uses that may not be conducive. Mr. Hartman pointed
out they have the option of intervening as a competing user.
Councilman Hatfield pointed out they started at $15,000 and worked
it down to $10,000 so if they can get it for $8,000 or in that
range, they'd be advised to purchase it.
Councilman Hatfield moved they adopt Resolution 89-R-36. Council-
man Fish seconded the motion. Motion CARRIED 5-0.
Councilman Hatfield moved they authorize the City Attorney to seek
some type of negotiation or offer for the whole 80 acres. Council-
woman Bennington seconded the motion. Motion CARRIED 5-0.
Mayor Mitchum suggested a motion to adjourn. Councilman Fish so
moved. Councilwoman Bennington seconded the motion. Meeting was
adjourned at 6:32 p.m.
Council Special Meeting
& Workshop Minutes
May 15, 1989
3
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Minutes submitted by:
Lura Sue Koser
ATTEST:
d~il,t~.
ACTING CI~ CLERK
Council Special Meeting
& Workshop Minutes
May 15, 1989
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