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04-02-1984 - Regular ~ o Q ~ CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 2, 1984 MINUTES Vice Mayor Gigi Bennington called the meeting to order at 7:00PM in the Community Center. ROLL CALL Mayor David Ledbetter Councilman Melbourne Wargo Vice Mayor Gigi Bennington Councilman Neil Asting There was a silent invocation Excused Present Present Present and the salute to Councilman Jack Spencer City Attorney Josel Alvarez City Clerk Connie Kinsey Police Chief Ed Overman the flag. Present Present Present Present APPROVAL OF MINUTES Regular Meeting of March 19, 1984 - Councilman Spencer moved that the minutes of the regular meeting of March 19th be approved. Councilman Asting seconded the motion. Motion CARRIED 4-0. Special Meeting & Workshop of March 22, 1984 - Councilman Asting moved that the minutes be adopted for March 22nd. Councilman Spencer seconded the motion. Motion CARRIED 4-0. BILLS AND ACCOUNTS Councilman Spencer questioned page 2, to Miami Herald Publishing and City Clerk Kinsey noted it was for the advertisement for the Police Chiefls position. Councilman Spencer moved that the Council approve the bills and accounts. Councilman Asting seconded the motion. Motion CARRIED 4-0. MISCELLANEOUS Robert H. Christy, 1916 Evergreen Drive, asked if the report from Tallahassee about the Police Chief had been displayed in the Community Center or the Library. City Attorney Alvarez said it's a matter of possible litigation and the question should be referred to his office. Mr. Christy then asked if the City went out for bids to get the report, and asked who chose the people in Tallahassee to do the report. City Attorney Alvarez again stated this is a matter of possible litigation. Mr. Christy asked if the sewer plant is operating at full capacity as he read an article in the newspaper about the type of sewer pump that would be used. Vice Mayor Bennington said the Council had a meeting to discuss a grant application for several items and the low pressure sewer system was one of those. Mr. Christy asked if the item will be presented to the voters and Vice Mayor Bennington said it will be when it comes time to finance it. William Glaser, 1703 Needle Palm Drive, spoke about the dust on his street and the heavy traffic and said they've had to put up with this for 10 years now. He noted that they presented a petition to pave the road and get the trucks off the street and they got the truck traffic sign but now it isn't enforced. Vice Mayor Benninton advised him that the City Clerk/Administrator would work with the Public Works Superintendent and the Police Chief in an effort to solve this problem. Walter Gross, 909 Lake Avenue, said the sewer they applied for with the grant involves the City's getting a bond issue at 10 to 12% interest and people who already have septic tanks have to pay to get this installed. He added that the City is already paying for two bond issues, and held like the public to know the full story on this. John Siburn, Connecticut Avenue, said they used calcium chloride for dust on the road or spread used oil. He asked about the shorter streets that are not getting paved and Mango Tree Drive is getting paved. Vice Mayor Bennington pointed out that the Superin- tendent of Public Works is submitting a list of priorities on the streets and the estimated cost so the next budget can provide for this. She added that the Community Development Block Grant is also paving some streets. Helen Siburn, from the audience, asked where the $17,000. went and said the City is talking about annexing more people into the City and those already here aren1t getting anything done. She added that the garbage is still not picked up regularly on their street. u u Alice Pratt, 1921 Kumquat Drive, said she wrote to Council about their street which badly needs paved, and the street was ruined by City trucks. Vice Mayor Bennington agreed the road is in bad shape. COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES City Council Reports - Councilman Spencer submitted a list of the top five consulting engineers proposals and said in order of ranking they were Camp, Dresser and McKee,Inc.; Dyer, Riddle, Mills & Precourt; Blount, Sikes, Bouch & Rockett, Inc/Marshall Engineering; Conklin, Porter and Holmes; and Boyle Engineering Corporation. He suggested the City Clerk set a date with Council and invite those five firms to make oral oresentations for Council consideration and then Council will ~ick the firm they decide is best suited and the second and third preference, and then they'll call the first choice back in andnegotiate on terms and conditions and price. He added that the review committee did not visit the office locations of these firms to determine the extent of their facilities for drafting, computing, etc. He pointed out that all five firms are located in Orlando, Winter Park, or Sanford. Vice Mayor Bennington said a day can be set by the City Clerk to interview these five. City Clerk Kinsey questioned if the committee should inspect the facilities and Vice Mayor Bennington said she didn't think it's necessary. Councilman Spencer noted that the new motor grader is in use and they're getting the work done faster and better than before and it's an asset to the City. Councilman Spencer said he attended a Technical Coordinating Committee meeting and gave a copy of his report to Council. He noted that there was a discussion at the meeting regarding bikeways and he's since received additional information from Florida Depart- ment of Transportation which he'll turn over to Dave Garrett when he's had a chance to review it. Councilman Asting asked Councilman Spencer if all the engineering firms are capable of performing all engineering services for the City or if they specialize. Councilman Spencer noted that the advertisement was for the field of water and wastewater facilities but some are competent in other areas also. Councilman Asting pointed out that they need to look at road paving and other projects, and he wanted a firm located closer so they don't have to pay so much for portal to portal. Vice Mayor Bennington said that's an item they can negotiate on. Councilman Spencer noted they took that into consider- ation and only considered those within 75 miles. Councilman Asting asked about the l~ sales tax on gasoline from the County and if it had been received. City Clerk Kinsey said that's the money they budgeted for road materials. Councilman Asting asked how much has been received to date and City Clerk Kinsey said she didn't have the breakdown but would give him the information the next morning. City Attorney Reports - The City Attorney had no report for this meeting. City Clerk Reports - City Clerk Kinsey stated that Frank Marshall had been working on a project with Pelican Cove West and it will be an additional expense to start over and review the plans and asked if these should be sent to Briley, Wild or have Frank Marshall complete the project. She said she talked to Frank Marshall, who was agreeable to complete this, and he estimated 5 to 10 hours to complete it. Vice Mayor Bennington noted that this former contract said by mutual agreement he would continue. Councilman Wargo moved that Frank Marshall complete the job. Councilman Spencer seconded the motion. Motion CARRIED 4-0. City Clerk Kinsey said the Volusia League of Municipalities meeting is April 26th in Deland and she needs Council authorization to process a check for those that will be going. Councilman Wargo moved that they grant the authorization. Councilman Spencer seconded the motion. Motion CARRIED 4-0. City Clerk Kinsey said she received the deed from Volusia County on the two half-lots in Florida Shores and needed Council authorization for the City Attorney to review them and if they're okay, record them and pay the assessments. Councilman Spencer moved that the City Clerk turn the deeds over to the City Attorney to make sure they are okay and then pay the assessment fee. Councilman Wargo seconded the motion. Motion CARRIED 4-0. -2- Council Regular Meeting Minutes April 2, 1984 (.) <) COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Utilities Dept. - Recommendation on lift station rehabilitation bid - City Clerk Kinsey read the two letters from Briley, Wild dated March 27, 1984. The first letter recommended the low bidder, Sieg & Ambachtsheer, Inc., be awarded the contract. The second letter advised that this amount can come out of the Impact Fee Fund. Councilman Spencer said in view of the recommendations from Briley, Wild, he moved that they accept the low bid of Sieg & Ambachtsheer, Inc., of $89,825. Councilman Wargo seconded the motion. Motion CARRIED 4-0. Police Department - Rules and Regulations Manual Proposed - City Clerk Kinsey read the March 28th letter from Police Chief Ed Overman. Councilman Astin~ asked if this is a draft or the final form and Chief Overman said it would be the final if Council approves. Councilman Spencer asked City Clerk Kinsey if sheld had a chance to review it and she said no. Councilman Spencer said it appeared to him to be fine and held talked to Chief Overman about it, but since therels a guide for employees, this should be reviewed by the City Clerk to be sure there are no conflicts. Councilman Asting asked if this was prepared by City forces and Chief Overman said he prepared it and the records clerk typed it. Councilman Wargo said he felt it was very well prepared. Vice Mayor Bennington said she had no problems with it but would like the City Clerk to review it. Councilman Spencer moved that Council give it Council approval subject to the City Clerk reviewing it and okaying there's no conflict. Chief Overman noted that if there is any conflict, itls a little more stringent. Councilman Asting seconded the motion. City Attorney asked Chief Overman about off-duty weapons and use of force. There was a discussion between Council members and the City Attorney and the Police Chief regarding limitations on handguns. Motion CARRIED 4-0. Police Department - Request for forfeiture of money - Vice Mayor Bennington noted that this hasn't been done before and Chief Overman said it was attempted once but the cost factor made it unattractive. City Clerk Kinsey read the March 28th memo from Chief Overman requesting a hearing for the $1,481.00 in cash that was obtained in an arrest in September, 1983. Councilman Spencer moved that Council refer the matter to the City Attorney to hold the necessary hearings so that the funds of $1,481.99 can be forfeited to the City and put in the account as the Chief indicated. Councilman Asting seconded the motion. Motion CARRIED 4-0. Police Department - Procedure for Screening Police Chief applications - Councilman Asting said the applications should be made available in City Hall and each Council member should go in and screen them and select those that he wants to have considered. He suggested limiting the number each Council member can select, possibly ten. Councilman Spencer said that Chief Liquori offered assistance to the City and he contacted him for suggestions on how to handle the large number of applications. He said in addition to Council reviewing these, some law enforcement professional should screen them and suggested a committee of three people to do the initial screening, with those three to be Chief Liquori, Councilman Asting as a representative of Council, and the City Clerk/Administrator who is also the personnel officer. He proposed they review all the applications and narrow it down to five and then interview those five and get background checks of those five and select the top three for Council IS final deliberation and selection. Councilman Wargo said he doesn't want to give up his right to select from the entire group. Vice Mayor Bennington noted that the Mayor is ill and she suggested postponing the procedure until he can go over it with them. Councilman Spencer said they don't have another meeting scheduled before the closing date and he'd like to get some action on this. Vice Mayor Bennington stated they can call a special meeting after the closing date. Parks and Recreation Department - Recommendation on bid for park & pier construction City Clerk Kinsey read the March 28th memo from Dave Garrett which recommended the Halifax Marine bid in the amount of $11,450.00 be accepted. City Clerk Kinsey noted that Mr. Garrett had contacted Dan OIBrien of the Port Authority and held said we could schedule additional items on this project since this bid was lower than expected, and the project could be moved ahead. Councilman Spencer moved that the City Council accept the bid of Halifax Marine in the amount of $11,450.00. Councilman Asting seconded the motion. Motion CARRIED 4-0. -3- Council Regular Meeting Minutes Apri 1 2, 1984 J o Q COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued)- Parks & Recreation Dept.-Recommendation on bid for park & pier construction(cont'd) Councilman Spencer noted that there is some $22,000.00 available this year to the City on that grant and he moved that Dave Garrett be instructed to get cost estimates on drawings for the next phase, which is the repair to the seawall, so they can see if they can proceed to advertise for that and get it going this year instead of waiting for next year. Councilman Wargo seconded the motion. Motion CARRIED 4-0. City Attorney Alvarez advised the City Clerk to meet with David Garrett to review the agreement since there's a provision as to bids and other agreements, and the coordinator in Tallahassee would need to be made aware of this. Parks & Recreation Dept.-Reauest for approval of Menard Park final site plans - Councilman Spencer stated that these are the site plans that were filed when they applied for the grant and Council is being asked if these are the plans they want to have drawn up by an architect. Vice Mayor Bennington asked if these are the original plans. City Clerk Kinsey said there were some minor changes. Councilman Spencer pointed out that the fishing pier was changed to extend out instead of straight ahead. Councilman Asting asked about citizens using the beach at Menard and if there's a life- guard on duty when the beach is in use. City Clerk Kinsey said there is no lifeguard. Councilman Wargo asked if lifeguards are furnished by the County and Vice Mayor Bennington said that's for the beaches, and she suggested the City Clerk contact the County to see if that would be available to us. Councilman Asting said they could be liable if they don't offer lifeguard protection if someone drowns. Councilman Wargo noted that people swim over to the opposite islands and use floats and there should be some kind of limitation there and a lifeguard to enforce it. Vice Mayor Bennington asked the City Clerk to report back to Council on this. City Attorney Alvarez pointed out that the insurance carrier had asked Risk Management to visit the City and this item should be brought to their attention, and this should be made a part of the agreement with the carrier. He asked if this is a beach that would be open for swimming. Vice Mayor Bennington noted that the plans don't call it a beach, it's a park and fishing pier. Councilman Asting said it's City-owned and people go swimming there. City Attorney Alvarez said if they call it a beach and allow swimming, they have to provide safety regulations, and if not, they swim at their own risk. John Siburn, Connecticut Avenue, called a point of information, and asked City Attorney Alvarez about the 3-foot height restriction on Menard Park. City Attorney Alvarez said the decision was made to seek a judgement but there has to bea case and nobody has come fO~/ard yet. He said there's a case in the 5th District Court of Appeals that says deed restrictions on private deed do not apply to any govermental agencies. Walter Gross, from the audience, said the City pays $19,000..00 for beach safety to the County and the Council should look into this. John Wilkinson, from the audience, asked if any further site plans had been developed with the changes that were available to the public. Vice Mayor Bennington noted that they're looking at the original site plans and permission is requested to get the architectural drawings based on the site plans. Councilman Spencer moved that the site plans as submitted be approved by the Council. Vice Mayor Bennington passed the gavel to Acting Mayor Asting and seconded the motion. Councilman Wargo called a point of order and questioned the right to pass the gavel to the Acting Mayor as that is only in the absence of the Vice-Mayor. Councilman Spencer asked the City Attorney if there's a problem with that and City Attorney Alvarez said the Acting Mayor is not acting for the Mayor or Vice-Mayor, it's only procedural. Vice Mayor Bennington said she wouldn't pass the gavel and withdrew her second until it's straightened out. Motion then DIED for lack of second. Councilman Spencer asked if Council opposed the proceeding with Menard Park. Councilman Wargo said they should wait for full Council to make that decision. Councilman Spencer pointed out that it only takes three Council members to make a quorum. Councilman Wargo moved that they TABLE this. Councilman Asting seconded the motion. Motion CARRIED 3-1. Councilman Spencer voted NO. Request for authorization to advertise for bids for architectural drawings on Menard Park facilities - This item was not acted upon since the previous item, 'Request for approval of Menard Park final site plans' did not receive approval. -4- Council Regular Meeting Minutes April 2, 1984 J o o COUNCIL/OFFICERS REPORTS, BOARDS AND COMMITTEES (Continued) Parks & Recreation Board - Rewording of~laws - City Clerk Kinsey read the March 19th memo from the Chairman of the Parks & Recreation Board which advised their interpretation of the word "staffl! used in their proposed bylaws. Councilman Wargo sa i d he sti 11 objects to thi s and the Board is advi sory and they have no active duties except advisory and they shouldn't be directing the staff for anything because that's why they have a Parks & Recreation Director. Councilman Asting said he didn't feel they're directing the staff, and they just make recommendations and the Council can approve or reject it. Councilman Spencer said he thinks all they're asking for is to be able to ask questions of the staff, if necessary, as long as the City Clerk okays it, and he doesn't feel they're trying to run the City. Councilman Wargo said if that's all they're qoing to do, they don't need it in the bylaws. Councilman Spencer said that's setting'up the protocol for them to follow to get in touch with the City Clerk if they need help from other dep~rtments. Councilman Wargo asked if the bylaws are part of the incorporated group or Just the Parks and Recreation Board. City Clerk Kinsey noted that Parks & Recreation is not incorporated, it's just advisory. Councilman Asting moved that they adopt the bylaws of the Parks and Recreation Board as written, subject to le9al okay. Councilman Spencer seconded the motion. Motion CARRIED 3-1. Councilman Wargo voted NO. Report of Ad Hoc Committee to update Comprehensive Plan -City Clerk Kinsey read the March 19th memo from Don Bennington, Chairman of the Ad Hoc Committee, which requested professional and legal advice to progress with their project. Councilman Spencer pointed out that he had requested this report and he'd like Council to request the Committee to determine more explicitly what their needs are so the Council can get a better idea of what kind of professional help they need and what it might cost. Councilman Asting noted that they'll need an engineer to work on this plan also. Councilman Wargo said it's an open-end request and the Council needs to know exactly what they want and expect and how much it will cost. and he asked if there's any money in that account. City Clerk Kinsey noted that it'.s overdrawn on professional services now. Councilman Asting moved that this be referred back to the Ad Hoc Committee for more specific data on the type of professional help needed. Councilman Spencer seconded the motion. Motion CARRIED 4-0. COMMUNICATIONS Veterans of Foreign Wars - request for donation for Memorial Day flags for veterans' raves - City Clerk Kinsey read the March 19th letter requesting a donation of 250.00 for flags. Councilman Asting moved that they grant the request for $250.00 for flags for veterans' graves for Memorial Day. Councilman Spencer seconded the motion. Motion CARRIED 4-0. Bennett & Davis re: Spanish Oaks Subdivision - City Clerk Kinsey read the February 3rd letter to Terry Wadsworth and the February 22nd letter to Frank Marshall regarding a request for water and sewer service to this subdivision. Councilman Wargo said this is the fifth or sixth request of this nature in the past few months and they don't have the well system or the water to extend services outside of the City to anybody at this point. He added that they don't know if they can supply water to all the people in town and these people should be made aware of this, but he'd like to do it if they could. Larry Bennett prepared a handout for Council and distributed copies. He noted that this project has approval for on-site water facilities but they'd prefer City utilities due to maintenance and operational problems of their own system. He said this will be a mobile home community and the parcels will be deeded out. He said they have land to donate for wellsites. Councilman Asting noted that the City needs wells to the west and to the south. Mr. Wadsworth, Utilities Superintendent, said he hadn't looked at the land on the site yet. Mr. Bennett said he talked to Briley, Wild before they went to New Smyrna Beach and they want City facilities because DER is making it harder to maintain and operate on-site water and sewer facilities and the cost is very expensive. He noted that he was told by New Smyrna Beach that this project isn't in their growth pattern and wouldn't provide service because it would be in conflict with Edgewater. -5- Council Regular Meeting Minutes April 2, 1 984 ..-;j o Q COMMUNICATIONS (Continued) Bennett & Davis re: Spanish Oaks Subdivision (Cont'd)- Mr. Bennett stated that . the water plant has available capacity of 481,000 gallons a day and the sewer plant has avai1ab1e a capacity of 575,000 gallons a day, and the mobile home communities don't use as much water as regular homes. He said the projected revenues for water impact fees would be about $712,800. and for sewer would be about $852,000. and this would be put in an escrow account for water and sewer expansions. He projected that if the town continues to grow, they'll reach the available water plant capacity in 5 years and sewer plant capacity in 6.5 years. He said their project will take about three years to be 100% built out. He added that they would like to have the services and to be annexed into the City some day. Councilman Asting moved that Terry Wadsworth check into the feasibility and our capability to provide the service that this gentleman has asked for and submit a report to Council for the City's side of this, and the engineers. Motion DIED for lack of second. Councilman Wargo moved to TABLE this until they can study it more thoroughly. Councilman Spencer pointed out that they have a lot of commitments within the City limits and the developments that are being built and the City can't extend outside the City limits before they accommodate the people in the City. He added that he didn't think they should extend any service beyond the City limits until they have an engineering firm and plans studied and reviewed and then go to the voters for a referendum and show them some alternatives. Councilman Asting said he just wanted the feasibility of it and felt the possibility of we11sites was attractive. Council- man Spencer said there may be better we11sites at other locations. Vice Mayor Bennington said she didn't feel there's enough information to take action. Councilman Spencer seconded the motion to table. Motion CARRIED 4-0. Vice Mayor Bennington suggested to Mr. Bennett that he get in touch with Terry Wadsworth. UNFINISHED BUSINESS Offer of lot on Ocean Avenue adjacent to Sewer Plant - City Clerk Kinsey read the March 28th memo from Terry Wadsworth which advised there were some funds left after the rehabilitation of the lift station was bid and he felt it would be beneficial to future expansion of the wastewater plant if the City wished to purchase this land. Vice Mayor Bennington said she'd talked to Terry Wadsworth about this and agreed it would be beneficial. Councilman Wargo moved to authorize the City C1erk/ Administrator to negotiate and bring back the results for them to act on. Councilman Spencer seconded the motion. Motion CARRIED 4-0. City Attorney Alvarez advised the City Clerk to negotiate within the Sunshine Law. NEW BUSINESS Opening of bids for backhoe-loader for Public Works Dept.(Re-advertised)- City Clerk Kinsey read the certification of Bids as those received from Case Power & Equipment; Moody & Sons, Inc.; Robinson Equipment Co. Inc.; Rozier Machinery Company; Superior Tractor Co.; and Tampa Tractor Co. She said they had received one unmarked envelope but when opened it contained no bid. She opened the envelopes and read the totals: Case Power & Equipment - $27,900.; Moody & Sons, Inc.-no bid; Robinson Equipment Co., Inc. - one bid of $22,524. after trade, and an alternate bid of $21,506. after trade; Rozier Machinery - $20,869. after trade; Superior Tractor Co. - no bid; and Tampa Tractor Co.- no bid. Councilman Asting asked that she read the models for those that were bid. City Clerk Kinsey stated that Case Power & Equipment bid on a Case; Robinson bid on a Massey-Ferguson Model 50E and a Massey-Ferguson Model 50F, and Rozier bid on a JCB Model 1550. Councilman Spencer moved that the bids be referred to the City staff for evaluation and recommendation to Council. Councilman Wargo seconded the motion. Motion CARRIED 4-0. ADJOURN Councilman Asting moved to adjourn the meeting. Councilman Spencer seconded the motion. Meeting was adjourned at 8:48 P.M. -6- Council Regular Meeting Minutes April 2, 1984 Note: Signature page is -7-. J (.,) Minutes submitted by: Lura Sue Koser ATTEST: - " -~-~~ / CITY CLERK;: ~ ~ Approved this _/6~ay of () fr:!.> fl , 1984. m.t) r ;f BifC M.l\ YOR . ~ <) /:' ~ ~ ~4j/ COUNC MA - ZONE ONE ~~ COUNC lYZ~MAN - ZON E n~o -JwJ ~ 0J '7 COUNCILMAN - Z0NS THREE v2#-4~ COUNCI~MAN - 'ZONE F,UR -7- Council Regular Meeting Minutes April 2> 1984 -- ~ ~ f/ I ~