Loading...
09-26-1985 - Special/Workshop u o CITY COUNCIL OF EDGEWATER SPECIAL MEETING AND WORKSHOP SEPTEMBER 26, 1985 MINUTES Mayor Baugh called the Special Meeting and Workshop to order at 3:00 p.m. in the Community Center. He stated the items on the agenda. ROLL CALL Mayor Earl Baugh Councilman Louis Rotundo Councilman Russell Prater Councilman Neil Asting Present Present Present Present Councilman James Inman City Attorney Jose'Alvarez City Clerk Connie Martinez Chief Lawrence Schumaker Present Present Present Present Also present were Mr. Gerry Hartman of Dyer,Riddle,Mills and Precourt and Mr. Frank Marshall of Marshall Engineers, and Mr. Terry Wadsworth, Utilities Superintendent. Mayor Baugh requested a motion to recess the Council Special Meeting and go into the Workshop. Councilman Asting so moved. Councilman Prater seconded the motion. Motion CARRIED 5-0. Discuss and negotiate with Dyer, Riddle, Mills and Precourt, Inc./Marshall Engineers, the Council's first choice as consulting engineers - Mr. Wadsworth stated they had made some changes to the proposed Agreement to make the wording consistent with similar contracts in the City and to be in the best interest of the City. He noted that they met with Frank Marshall and Gerry Hartman and they agreed to these changes but there wasn't time to have it typed in final.form. He said if Council agrees, they could have the City Attorney prepare the resolution. City Attorney Alvarez reviewed the proposed changes: Page 1, they deleted the end of the paragraph numbered 1. after the word "system". He pointed out this would keep it in compliance with the advertisement, which was just for water and wastewater systems. Mr. Wadsworth suggested they could leave it there and put a $5,000 cap on it. City Attorney Alvarez pointed out that anything over $5,000 requires advertisement. City Attorney Alvarez stated that at the top of page 1, the parties of the Agreement was changed to read "City Council of the City of Edgewater" rather than just the "City of Edgewater". He stated that on page 3, paragraph 4, they inserted the words "but not be limited to" after the words "The services shall include...."in the second sentence. He stated that on page 3, paragraph 5, they inserted the words "and be responsible for" after the words "The Consulting Engineers agree to furnish...." He stated that on page 4, paragraph 6(a), it reads that they can contract outside people and they added to have it "with prior approval of the City Council" for the necessary field surveys.... He stated on page 6, item 7., under Covenants by the City, they deleted the word "promptly" from (a) in regard to paying the fees. He said on 7.(b) regarding the liquidated damages from subcontractors, they inserted "which requires approval of the City Attorney". He noted that he wouldn't agree to any reduction in funds that could cause litigation. He said on 7.(c) they inserted the words "the City Administrator and any other City personnel by her designated as repre- sentatives" after the words "To appoint" and deleted the words "a repre- sentative". He said the second sentence of (c) was changed to read "Said representative shall have the authority, subject to the approval of the City Council, to transmit instructions....." Mayor Baugh asked if the representative can approve 6.(a) for traffic surveys or such things rather than Council. City Attorney Alvarez replied it's the pleasure of the Council. City Attorney Alvarez asked if he wants to change it to "prior approval of the City Representative" and Mayor Baugh agreed. City Attorney Alvarez stated on page 7, paragraph D, the beginning of the sentence was "To make available at no cost...." and the words "at no cost" have been deleted. Mr. Hartman agreed if they have to xerox something they can bill them for indirect costs. City Attorney Alvarez stated that 7.(e), (f), and (g) are deleted. Mr. Hartman agreed. (.) o Discuss and negotiate with Dyer, Riddle, Mills and Precourt, Inc./Marshall Engineers, the Council's first choice as consulting engineers (Continued) - City Attorney Alvarez stated that on page 7, paragraph (h), he suggested they put "To give written notice within 72 hours..." rather than "To give prompt written notice...." City Attorney Alvarez stated that on page 8, paragraph (d), he suggested "an authorization shall be approved by" be changed to "prior authorization shall be received from" if it exceeds $5,000. Mr. Hartman agreed. City Attorney Alvarez stated that on page 9,(a) and (b) are not binding and the City may use as an alternative method inserting a cap which will require the City's approval before exceeded, or prior to engaging on the project a fixed cost submitted by the engineers in as much detail as the City desires. Mr. Hartman agreed that's acceptable. City Attorney Alvarez will be page 13, item any developers on any corporation. " stated that under Miscellaneous Provisions, which B.,they changed the sentence from "will not represent projects...." to include "individuals, firms, or Mr. Marshall stated that he has two site plans for stormwater management that are pending now and asked if he could continue with these or if he should turn them over to someone else. He pointed out they have nothing to do with water or wastewater. Mayor Baugh said he has no problem with that. Councilman Asting asked how long he'll be on the project and Mr. Marshall replied another month, at the most. Councilman Asting said he saw no problem with that. Councilman Rotundo stated that it's the man's livelihood. Councilman Asting asked the City Attorney if this would be a problem and City Attorney Alvarez replied no, for 30 days or until he finishes, whichever comes first. He pointed out that this is a master agreement and any major projects would be subject to other agreements. Mr. Hartman pointed out that the City Attorney went into extreme detail on this agreement and it's been used at numerous other locations throughout the State. Mr. Marshall stated that Council was presented with an Amendment to get them started on the work. He reviewed the items on the Amendment, such as update to the water distribution map, hydraulic analysis, and assessing subdivision regulations to see they meet sufficient standards for construction. Mr. Hartman pointed out that if they put in a substandard wastewater collection system, they'll have problems. Mr. Marshall and Mr. Hartman reviewed the Scope of Services, Exhibit "A", of Amendment No.1, and said they'd have an action plan drawn up, update the maps to give existing points of stress and predict the system responsibiity to show, short improvements, and for future expansion of the plant, and look at the distribution in Florida Shores for fire flow adequacy. It was noted that the water plant has a definite septic tank drain field problem and they plan to do a mounted system. Mr. Hartman said they'd do the consumptive use permits report and they know the hydrogeologics of this area and will complete the application and meet with the District. He pointed out they'll maximize the existing well field yield, and see what's cost effective. He said dual zone control will have a preliminary design, but the biggest task is the immediate improve- ment to the existing plant. He said they'll layout the facilities and draw them out and analyze them and do hydraulics, and they think they can take 1.4 MGD and provide about 1.9 MGD and then expand about 20% and bring it up to 2.3 or 2.4 MGD at a very low cost, and quickly. Councilman Asting asked how long it will take to get the necessary units installed to bring them up to 2.4 MGD and Mr. Hartman replied that from time of contract signature, it would be about 10 to 12 weeks for contracting and after permitting it should be about 6 to 8 months. He pointed out that the contractors who provide this service have limited work forces and they're already trying to tie them up schedule-wise and the engineers need to look at the construction field and make sure they're competitive. -2- Council Special Meeting & Workshop Minutes September 26, 1985 o Q Discuss and negotiate with Dyer, Riddle, Mills and Precourt, Inc./Marshall Engineers, the Council's first choice as consulting engineers (Continued) - Mr. Hartman stated that the treatment process units will have a limited life span and the rest of the facilities were designed to be totally reuseable and there's salvage, and it would be permanent at that installation. He said they're in the process of checking 200 feet west of the existing site that the City owns and working with Universal Soils and Testing that will be associated with the project, and they hope to initiate these next week. He said they'd do a study on the connection fee and installation charges to make growth pay for itself. He said the Wastewater System amendment was for immediate improvement if needed. City Clerk Martinez noted that's non- construction oriented and Mr. Hartman agreed. Mr. Hartman pointed out that if they need Stormwater, they can assist in this and they can provide for this under the Emergency Provisions of the Statutes. He reviewed the Expected Construction Cost Summary, and said Items Band C would be prior to doing a preliminary design on the facilities, and it's an estimated cost of $850,000 to upgrade and expand the existing plant and provide additional storage at that site. Councilman Asting pointed out that there are funds available for the $850,000, and Mr. Wadsworth agreed. Mr. Marshall stated that they don't think they'll have to purchase more property and can use that for the ground storage tank. Mr. Marshall noted that on Compensation, it gives them an altern- ative way for fixed fee, lump sum, and multiplier, and these are upset figures. He reviewed the figures for the following: Update water maps - $7,000; FDER certification - $1,000; update subdivision regulations - $1,000; water system improvement plan - $7,500; hydraulic analysis and computer runs - $8,500; Florida Shores site flow - $3,000; design new drain field and get septic tank permit - $2,000. Mr. Hartman reviewed the following figures: water supply improvements and consumptive use permits application - $6,300; well field analysis - about $10,000, and if they decrease the number of new wells from 3 to 2 they'll be ahead; and preliminary design of additional water supply wells will give them a detailed design - $14,700. He noted they'll do soil borings and surveys and topos and boundary. He said for a $850,000 plant the fee is 7 to 10% and the $14,700 would be credited against that. Mr. Marshall agreed that's an accepted range. Councilman Asting asked if Mr. Ferrara, City Engineer, could do the storm- water. City Clerk Martinez replied he could, time permitting, but he's out of the country for about 3 weeks. Mayor Baugh stated that it's important to have a stormwater system set up. Mr. Hartman pointed out there's an emergency pro- vision under CCNA and the City definitely has a need and the authority is there to authorize the consultants they have retained by using those provisions and they can define when they use it by Council action, and what they want done, and it's to be limited. He added that if they want a continuing stormwater consultant, they'd have to go out for advertisement again, but this could be under emergency or needed conditions. Mayor Baugh asked City Attorney Alvarez if they can have it under those terms to include stormwater. City Attorney Alvarez suggested they discuss the problem and consider facts and perhaps they could direct the administratition to undertake a study or preliminary review, with certain guidelines and caps. He also suggested they may want to get Earl Copeland involved. Councilman Asting suggested they bring item 4 on the agenda up to this point on the agenda since it has a direct relationship and no Council member expressed an objection. Consider authorization for drainage survey to be done - Councilman Asting said everyone is aware of the problems with the heavy rains and he went to the Public Works Department and talked to Earl Copeland and Mike Tenney and took a tour of the Florida Shores area. He reviewed a proposed solution for future heavy rains by possibly putting in at least two more major canals in the southern part of the City to carry the runoff. He suggested a canal from Silver Palm to Guava on 25th and another along 32nd Street where it's developing so fast. He pointed out on a map the highlighted area for proposed locations of drainage ditches. He said he'd like to turn this over to the engineers for feasibility and perhaps they could come up with something else but make suggestions and show locations of catch basins. -3- Council Special Meeting & Workshop Minutes September 26, 1985 u u Consider authorization for drainage survey to be done (Continued) - Mr. Marshall noted that there's a good system of lakes and they might want to route some of the water through there so they don't harm the receiving water. Councilman Asting said they thought of connecting a lake with a drainage canal and going down along the west side of Florida Shores and drain into it, and even though it's in the County, they'd have access to it. Councilman Asting added that another proposal was to double the culverts along 18th street to create a greater flow. Mr. Marshall said there might be just one culvert that's holding it back or it may be they can increase it in size. Councilman Asting stated that he rode along the 18th Street canal and it's gushing into the river. He said they looked at Wildwood and suggested that might be a canal to the southwest and getting an easement to go into the County and State pits to take the runoff might alleviate the situation. Mr. Marshall noted there's an existing canal around part of it. Mr. Hartman suggested they might want to retain engineers to make an overview of the most critical aspects of the situation and tributaries and outfall and how it feeds in the overall drainage system. He added they'd check the elevations and restrictions and they need to get rid of the obstructions and open up the outlets. Mr. Marshall said that's a major construction cost and they had extreme high tides at the same time as the heavy rains. Mr. Vogelsang, 205 Lone Pine, referred to the survey done in Wildwood four years ago and nothing has been done. Councilman Asting pointed out that City forces were there working on drainage problems and culverts. Mr. Vogelsang said they've only been there two times in four years and there's only one entrance into Wildwood, and the culverts aren't big enough. Mayor Baugh said that's a County problem and it's been reported. Mr. Vogelsang said they need another exit. Councilman Asting pointed out they're surrounded by County and private property. Mr. Vogelsang stated the County allowed the Masseys to go into their ditch. Mr. Dominick Fazzone, 302 Paradise Lane, urged Council to consider this survey because it's very badly needed. Mayor Baugh asked for a motion to go into the regular meeting. Councilman Inman so moved. Councilman Asting seconded the motion. Motion CARRIED 5-0. Discuss and negotiate with Dyer, Riddle, Mills and Precourt, Inc./Marshall Engineers, the Council's first choice as consulting enegineers - Councilman Asting moved to engage Dyer, Riddle, Mills and Precourt/Marshall Engineers as the consulting engineers for the City of Edgewater. Councilman Rotundo seconded the motion. Councilman Inman asked if City Attorney Alvarez had reviewed the amendment and City Attorney Alvarez replied no, it was just given to him. Councilman Asting pointed out this is just the master contract. Motion CARRIED 5-0. Mayor Baugh asked about the amendment and City Attorney Alvarez said he'll come back with a resolution and the amendment. Mr. Wadsworth said he hadn't had an opportunity to review the amendment and they might want to schedule a meeting. Mayor Baugh suggested a meeting next Thursday, October 3rd, to allow time to review it and to draw up a resolution. Mr. Hartman asked if they can have Dan Cory go out and do the soil work and City Attorney Alvarez noted that Mr. Cory is here now for other business and they could talk to him later. It was agreed to meet a 3:00 P.M. on October 3rd. Mr. Wadsworth asked the cost factor for Mr. Cory's work and Mr. Hartman said soil boring should be about $2,200 and survey about $2,700. Mayor Baugh said they can authorize it to let them go ahead, providing it doesn't go over $3,000, and he asked for a motion to that effect. Councilman Rotundo made that a motion. Councilman Asting seconded the ~otion. Motion CARRIED 5-0. Process bills and accounts for the end of the fiscal year - Councilman Asting moved to pay these bills. Councilman Inman seconded the motion. Motion CARRIED 5-0. -4- Council Special Meeting & Workshop Minutes September 26, 1985 " o o Process bills and accounts for the end of the fiscal year (Continued) - City Clerk Martinez said there's one supplemental bill they would like to clear up for the end of the fiscal year and it's for $385 for the September services of the City Attorney. Councilman Asting moved to pay this. Councilman Prater seconded the motion. Motion CARRIED 5-0. Consider authorization for drainage survey to be done - Councilman Rotundo asked what Mr. Ferrara does for the City and City Clerk Martinez replied he's in-house for many items but he's out of the country for the next three weeks. Mayor Baugh suggested that Mr. Ferrara can consult with them when he returns to see what he can do to assist and to give his input, but it's important to authorize the engineers to start on this. Councilman Asting moved that the City Administrator designate or engage the services of an engineer to make the stormwater study. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Councilman Asting moved that when the study is completed a specific plan be presented to the City showing what construction is necessary to carry off the stormwater buildup that occurs in the City during heavy rains and he wants definite locations and types of construction. Mayor Baugh said he didn't think a motion is necessary and Councilman Asting withdrew his motion. City Attorney Alvarez noted there's a need and authorization has been given and the point made that the emergency would require they look at what is there now. Mayor Baugh said he doesn't think it's an emergency but they want to get started on it before they have an emergency. City Attorney Alvarez noted that if it's going to exceed $5,000 it has to be advertised and it's going to be a two-step process to see what's restricting the flow and then keep undertaking the report of capital improvements. Mayor Baugh noted that under the Agreement, the City Administrator can enter into this with them. Mr. Hartman and Mr. Marshall left the meeting at this time, 4:32 P.M. Consider Ordinance 85-0-5 re: Management Salary and Benefit Plan - Councilman Inman stated that he brought this up at the last regular meeting because of his concern that Council members don't have daily contact with all the Department Heads and would not be able to do a thorough evaluation of their work. He pointed out this evaluation is a permanent part of the employee's personnel records. He recommended the deletion of the wording "and the City Council shall prepare a written Performance Evaluation and make commensurate amendments to the salary plan annually prior to October 1 of each year." Mayor Baugh asked if Council would sit as a board to see whether the supervisors get their raises rather than doing an evaluation. Councilman Inman agreed. Mayor Baugh suggested they insert "they will sit at a regular meeting and evaluate them on a one on one basis," and he asked City Attorney Alvarez if he could amend the ordinance to read this way. City Attorney Alvarez agreed and said it's a simple amendment and noted that from the public employees' relations approach, he agreed that legally the Council would be in a difficult position to evaluate people they don't have contact with. He suggested communications to feed the information to the Council on a regular basis with yearly evaluation. Mr. Wadsworth stated that when they drew up the plan it was to be prior to October 1st and felt during the budget workshop sessions would be when Council would have the closest contact, and if Council wasn't satisfied with the way the budget is controlled, they would consider that in evaluating. City Attorney Alvarez stated that he wants to insulate the Council so they have a record for the basis of their decisions and the City Administrator works with Department Heads to communicate Council's policies and directives. Councilman Asting suggested the City Administrator could prepare a numerical rating and then do an overall performance as viewed by Councilmen as they go to the different departments in the City. He added that she's aware of how efficiently they are doing their job. Mayor Baugh questioned if it should be thrown on her and asked who would evaluate her. Councilman Asting said the Councilmen would evalute her. Mayor Baugh agreed she could make recommendations. -5- Council Special Meeting & Workshop Minutes September 26, 1985 o o Consider Ordinance 85-0-5 re: Management Salary and Benefit Plan (Continued) - There was a discussion about the notes that would be needed for justification. Mayor Baugh suggested the City Clerk/Administrator make a recommendation rather than to evaluate them. and Council would evaluate her. City Attorney Alvarez pointed out that if the time comes for Council to take disciplinary action, they need to justify the actions and the only way is to have a record they have reviewed. He suggested a quarterly report from the City Adminis- trator on the Department Heads and then once a year when they decide it, they'll have four reports from the preceding year and any action will be based on an orderly process. He added that it would be difficult to defend otherwise. Councilman Inman reviewed the "promptness" section of the evaluation form, and he then moved to amend this ordinance and turn it over to the Attorney for amendment to delete that portion and insert that they should have quarterly reports made out to justify the evaluation at the end of the year, or October 1st, whatever they want to put there. Mayor Baugh asked for clari- fication and Councilman Inman moved that they amend Ordinance 85-0-5. striking out "and the City Council shall prepare a written performance evaluation and make commensurate amendments to the salary plan annually prior to October 1 of each year." Councilman Rotundo seconded the motion. Mayor Baugh asked the City Attorney if they can do a resolution as to how they want to do the evaluations. City Clerk Martinez pointed out that if it's struck out of the ordinance, there's no provision for a merit increase. Mayor Baugh noted that it's at the will of the Council. City Attorney Alvarez pointed out it's retro to October 1st and the City Council shall receive from the City Admin- istrator quarterly report performance evaluations and make commensurate salary adjustments. Mayor Baugh asked that it include that the City Administrator will be evaluated by Council on an annual basis. City Clerk Martinez clarified they're going to receive quarterly reports and once a year they'll review the four reports. Mayor Baugh noted there's no provision for the City Admin- istrator on a quarterly basis. City Attorney Alvarez suggested they add "The City Administrator's salary shall be reviewed at the same time as the Department Heads." Councilman Inman withdrew his motion and Councilman Rotundo withdrew his second. Mayor Baugh suggested they accept the City Attorney's recommendation. City Attorney Alvarez read: "...and the City Council shall receive from the City Administrator quarterly written performance reports and make commensurate amendments to the salary plan agreement prior to October 1. The City Administrator's salary shall be reviewed at the same time as the Department Heads." Councilman Inman moved to adopt it as the Attorney read. Councilman Rotundo seconded the motion. Motion CARRIED 5-0. Councilman Rotundo asked how they'd take care of this year and Mayor Baugh replied they'd have a meeting after October 1 and it will be retroactive. City Clerk Martinez noted that she wouldn't be able to back up on last year. Mayor Baugh suggested they evaluate them as a Council with individual Council statements and next year they'll start the quarterly. Council members agreed. Police Department request for pilot program for assignment of Police units - Chief Schumaker had requested authorization for a pilot program to assign two officers on opposite shifts to one patrol unit for a 3D-day trial. Mayor Baugh said he concurs with this because it was done 5 years ago and it worked well and he put it into effect in 1977. Chief Schumaker said he'd like to establish a method of assigning the cruisers to officers because they don't have enough cars for each officer. He added that with the number of officers living in the City they can set up this program where the cars will be secured in the yard of the individual officer and he's next to the unit, plus making it more visible going to and from work. He stated that he knows there will be some problems and that was why he asked for a 3D-day trial, and if it works, they could make it a part of the permanent program. Councilman Asting moved to authorize them to try for a 3D-day period and at the end of th&t time, give Council his recommendation. Councilman Prater seconded the motion. Councilman Inman questioned the transportation problem and Chief Schumaker pointed out they have to get back and forth to work now. Co~ncilman Inman suggested the patrol car he's going to assume responsibility for could pick him up and he could do it for the next shift. Motion CARRIED 5-0. -6- Council Special Meeting & Workshop Minutes September 26, 1985 . .\ '< o u Parks and Recreation Department request to go out for bids on seawall and paving of parking lot and entrance to Park and Pier - Mayor Baugh recommended that they allow David Garrett to do this. City Clerk Martinez noted that it's with the grant. Councilman Asting moved to authorize Parks and Recreation to go out for bids. Councilman Inman seconded the motion. Motion CARRIED 5-0. Mayor Baugh suggested a motion to adjourn. Councilman Prater so moved. Councilman Inman seconded the motion. Meeting was adjourned at 5:05 P.M. Minutes submitted by: Lura Sue Koser r ~ ~ ~~ ATTEST: ~<f~ CITY CLERK Approved this 71!- day of ro-~~ , 198 S-. i:t ~- (?J / ~. OUNCILMAN - ZO E TWO 7w~~ COUNCILMAN - NE THR E cft~~ W ~"'-- OUNCILMAN - ZONE FOUR ~"'.-?./ (/ -7- Council Special Meeting & Workshop Minutes September 26, 1985