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03-14-1983 - Special/Public Hearing u w CITY OF EDGEWATER CITY COUNCIL SPECIAL MEETING / MARCH 14, 1983 MINUTES Mayor McKillop called the Special Meeting to order at 6:33 P.M. in the Community Center. ROLL CALL Mayor Richard McKillop Councilman David Ledbetter Councilwoman Gigi Bennington Councilman Neil Asting Councilman Jack Spencer Present Excused Excused Present Present City Attorney Jose'Alvarez City Clerk Nancy Blazi Police Chief Earl Baugh Excused Present Present Reconsideration of Abolishment of Supervisor" Positions per Motion of March 10, 1983 Councilman Asting stated that when he voted on this motion on March 10th, he was under the impression that only two minor positions were involved and he felt the motion should have been re-stated before being voted on due to the lengthy discussion. Councilman Asting reviewed the positions in the Public Works Department. Councilman Asting then moved to retain all City supervisory personnel in the positions held prior to Thursday, March 10, 1983, until the Council has had an opportunity to review the activities they are responsible for~ and further that this motion take precedence over any other motion regarding this matter. Councilman Spencer seconded the motion. Mayor McKillop noted they are talking about positions that will be reviewed and completed in a very short period of time. Motion CARRIED 3-0. Freeze on Merit Increases The City Clerk read her March 10, 1983, memo regarding the freeze on merit increases in which she recommended that, based on the City Attorney's legal opinion, she felt she needed Council approval to lift the freeze on merit increases. Mayor McKillop stated that each of the contracts had incorporated the merit ordinance in the agree- ments. Councilman Spencer said he understood that the unions were led to believe that the City would continue with the Merit plan~ but he has never found just what the Merit plan is. Councilman Spencer moved that the freeze on the merit increases be rescinded. Councilman Asting seconded. Mayor McKillop noted this is for employees that work beneath the department head level where in the past the department head approved the merit increase, those increases can now be given, and for department heads their merit increases will be set by us after the department head review. Motion CARRIED 3-0. Councilman Spencer moved to adjourn until the Public Hearing scheduled for 7:00P.M. Councilman Asting seconded the motion. Meeting adjourned at 6:40 P.M. PUBLIC HEARING MARCH 14, 1983 MINUTES Mayor McKillop called the Public Hearing on the road assessments to order at 7:02 P.M. in the Community Center. ROLL CALL Mayor Richard McKillop Councilman Neil Asting Councilman Jack Spencer Councilman David Ledbetter Councilwoman Gigi Bennington Present Present Present Excused Excused City Attorney Josel Alvarez City Clerk Nancy Blazi Police Chief Earl Baugh Arrived Later Present Present Ben Vazquez, property owner in the City of Edgewater, spoke to Council and asked the amount of the front foot assessment. He stated he calculated the amounts to be $8.92 per front foot since the people on the east side and west side would each be paying the $4.46. He asked what the City was planning to do with the half-million dollars this would generate for the City. Mayor McKillop reviewed the process of arriving at the calculation of an estimated $4.46 per front foot. Mr. Vazquez presented a signed protest of the special assessments to the City Clerk. u .U The City Attorney arrived at the meeting at 7:25 P.M. George Dickerson, Travelers Palm, asked if there was a precedence before where you spend the money and then assess the people for the roads. He didn't think it should come from the taxpayers and felt it should.have come to them first. Councilman Spencer clarified that there was a previous public hearing held on the paving by the previous Council on 7/12/83 and this was prior to initiating the program. Dana Armstrong, former Mayor, said the people who are getting the improvements are getting a bargain as they're getting this paving for less than $500. He questioned the $350,000. put into the 1981-82 budget for paving which not used for paving and suggested Council check with the auditors as to where the mone~ is. Walter Gross, 909 Lake Avenue, spoke about who is paying for the intersections and the number of property owners involved. Norman Billups, 1860 Pine Tree Drive, stated it has taken one hour for three people to speak and suggested a section of the wall be converted to a chalk board. Jim Jones, Travelers Palm, presented pictures of the roads to show the quality of the work. Sections of the roads are already deterioriating. He stated the roads were laid in a rain storm and they weren't properly prepared. He said there are huge cracks in the road on Vista Palm also. He expressed concern about the trucks on the south side of Indian River Boulevard and noted there is not a speed limit sign on any of these streets and vehicles are speeding since they were paved. Councilman Asting stated he looked at the conditions mentioned by Mr. Jones and can attest to his statements and he feels something should be done about it. Jim Inman, Travelers Palm, asked about the specifications for the roads as to the base and the thickness of asphalt. Councilman Spencer replied it was to be 1" thick. Mr. Inman asked the Council members if the road was inspected. . Councilman Asting said he made an inspection of Vista Palm and the section he inspected met the specifications. Mayor McKillop noted that Earl Copeland was informed by this Council to make sure the contractor performed satisfactorily. Councilman Spencer said he went down during the course of paving and Mr. Copeland's man was there checking and also the contractor had two men there and a machine checking for the depth and when he was there it was 1*" prior to tacking of the road. Councilman Asting suggested that each member of Council look at Travelers Palm and 26th and again at 25th Street. Jim Inman said we should look into our guarantee and he presented pictures to Council of blacktop out of the road and the cracks in the road. Patricia Poates, Vista Palm, stated she was against the paving and asked about the street signs on the east and west of Vista Palm. She expressed her concern about the speeding on Vista Palm and asked the Chief to have someone there to check for speeders. She questioned the time to pay for the assessment and asked if there would be an interest charge if paid over a one year period. 2a Wayne Douglas, 24th & Travelers, asked who is paying the 2/3, just those paved or the entire population. Mayor McKillop clarified that the total population pays 1/3 as the City's share and the residents on those streets paved would pay the 2/3. George Dickerson, Travelers Palm, wondered about the vacant lots on the streets paved where the owners live out of state and asked about the other 90% of the roads. Jim McMahon, 1919 Travelers Palm, said the roads are an improvement but he questions the quality of the roads. He commented on the time between the base coat and the actual paving. Ben Vazquez questioned if the July,1982, hearing was the one that was postponed. He asked what will happen to those people who are not contacted and are not aware of these assessments. City Attorney Alvarez and City Clerk Nancy Blazi clarified that every effort would be made to contact these property owners and that they will be sent a bill once a month for twelve months. Jim Jones, Travelers Palm, asked what is done with the interest for those that go for a year on the assessment, and asked Councilman Asting if he is going to be assessed for the new pavement. He asked why everybody can use the paved streets and only the property owners have to pay for the assessment. -2- Special Council Meeting and Public Hearing Minutes March ~, 1983 i~ ~ u u William Glaser, 1703 Needle Palm, thanked Council for having the public hearing and said there were at least three public hearings held. He felt there was ample notice and anyone interested could have found out more about it. He said trucks use the streets whether there are signs up or not. Frank Opal, Florida Shores, said he opposed the project about two years ago because he wanted drainage there also. He referred to the various errors made in the road paving. He said that people who live out of town and own property here do not have to pay the assessments. Dana Armstrong said he didn't recall ever having an assessment made for paving in Florida Shores. He hopes it can be arranged in a manner that those that are willing to pay don't have to pay the whole thing and those that don't pay have the debts written off in about five years. Walter Gross, 909 Lake Avenue, said this is a small amount to some people but there are families with problems that will have the worry of paying these bills. Mayor McKillop recessed the meeting at 9:03 P.M. Meeting called to order again at 9:15 P.M. Walter Gross, 909 Lake Avenue, continued by asking about the maintenance of the paved streets after the guarantee runs out . Mayor McKillop stated that in regard to people who cannot make the payments, Cbunc;"l would also sit as an equalizing board and anybody with a financial hardship could explain the reason why they were unable to make the payment and Council can set up a special payment schedule. He said there is money allocated in the budget for the maintenance but he didn't have his budget with him. Councilman Asting stated that in addition to the amount allocated to repair the roads, the County has some $25,000. but that is earmarked for improvements on Live Oak. 3a Walter Gross said he didn't think people will come up here and say they cannot afford to pay and suggested the people could talk to the City Clerk on an individual basis. Mayor McKillop referred to the Sunshine Law and the fact that Council cannot meet and speak to just one person with a closed door and the Council has to sit as the equalization board. Mr. Gross questioned how the three streets were determined for paving. The City Clerk asked the City Attorney if someone contacts the City after receiving the bill, can the Council sit at any other time as an equalizing board. The City Attorney replied that the assessment has to be confirmed and remain legal and valid in order to be enforceable and that can only be done after the public hearing tonight and State Statutes specifically say that the City Council will meet as an equalizing board on the date and time of the public hearing, and as a result of that the assessments are entered into the books and you have to keep an improvement lien book. Councilman Spencer moved to close the Public Hearing. Councilman Asting seconded. Motion to close CARRIED 3-0. Councilman Spencer moved for the Council to instruct the City Clerk to pass to the City Engineers the evidence the people have submitted here tonight relative to the quality of paving, particularly in the area of Travelers Palm, but additionally to request the City Engineers make a detailed inspection and so advise Martin Paving so a representative from Martin Paving can be present and submit a report to the City Council. Councilman Asting asked to amend it to have a representative of the City accompany the City Engineer when this inspection is made. Councilman Asting seconded the original motion. Councilman Spencer seconded Mr. Asting's amendment. Roll call on the amended motion to have a City representative attend CARRIED 3-0. On~the b~igin~l ~amended motion, ~Councilman Spencer clarified that this would be all the paving and did not limit it to Travelers Palm. Roll call on the original amended motion CARRIED 3-0. Councilman Asting stated he assumed no payments will be made until the roads meet the standards specified in the contract. Mayor McKillop said they would have to approve all payments. Councilman Spencer moved to adjourn the meeting. Councilman Asting seconded. Meeting was adjourned at 9:30 P.M. -3- Special Council Meeting and Public Hearing Minutes March 1-8, 1983 j'l J4L . '-J Minutes submitted by: Lura Sue Koser o I 't aJe. Signature page for minutes of Special Meeting and Public Hearing of March }8, 1983. ATTEST: , 1983. /V~ '7;~ ~ Special Council Meeting & Public Hearing Minutes March 1.8-; 19~3 1'-1 ~ -4-