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08-19-1996 - Regular "'-" .."., CITY COUNCIL OF EDGEWATER REGULAR MEETING AUGUST 19, 1996 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER: Mayor Hayman called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL: Mayor Jack Hayman Councilman Danny Hatfield Councilwoman Louise Martin Councilman Michael Hays Councilman David Mitchum city Attorney Krista storey City Manager George McMahon City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Excused Present Present Present Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE The invocation was delivered by Scott Love, Central Church of Christ. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Reqular Meetinq of Auqust 5, 1996 Councilman Mitchum made a motion to approve the August 5, 1996 minutes, second by Councilwoman Martin. The motion CARRIED 4-0. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY (Other than public hearings) There were no citizen comments at this time. CITY COUNCIL REPORTS Councilman Hays had nothing at this time. Councilman Mitchum had nothing at this time. Councilwoman Martin had nothing at this time. Mayor Hayman informed Council of a representative from Florida Power & Light being present at the meeting in regard to the electrical power rights-of-way that have previously been planned for the northern 10 feet of SR 442. Eighteenth Street and a portion of India Palm Drive are feasible. Mayor Hayman spoke about the distance the gentleman has traveled and asked to dispose of this matter to accommodate him. City Manager McMahon explained FPL is in need of putting in an alternative transmission line. Daniel Hronec, FPL, spoke about a transmission line being needed at the Edgewater substation to provide additional relief by June of next year. He further commented on the project being worked on by FPL and a meeting he had with City Engineer Fegley and DOT. Mr. Hronec explained an exhibit he brought of the actual specifics of the project. '-" "'-" Councilman Hays questioned if the new lines would be an in the ground utility or above ground. Mr. Hronec informed him above ground on single concrete pole structures. There was a brief discussion regarding how tall the poles would be. Councilman Hays questioned putting the lines in the ground due to this being ln a residential area. Mr. Hronec spoke about the cost of putting transmission lines under the ground and the customer paying the differential cost if they want this done. City Manager McMahon commented on the value of the proposed route. Staff recommends approval of this. Councilman Hays expressed concern with high voltage lines in residential areas. He would like the lines to be placed under the ground and would like to see the designs before he says this is a good idea. Councilman Mitchum asked what the proximity is to the houses. Mr. Hronec explained along a majority of that corridor the canal creates somewhat of a buffer. There was a discussion regarding magnetic field concerns. Once we agree on an easement to be obtained, the field levels at the edges of the easements will not exceed the limits established by law. Mayor Hayman questioned where the existing lines go. Mr. Hronec elaborated on Mayor Hayman's concerns. Mayor Hayman stated he asked DOT to go back with Florida Power & Light and arrange for a more suitable area for FPL's right-of-way and try to redesign the projects for sidewalks, curbs, gutters and bike paths plus the four fourteen foot lanes of traffic which would comprise the original design specification. He commented on the alternatives brought back to him. As it stands now, the engineering on SR 442 is at a stand still until such time that the route of the additional power grid can be resolved with DOT and FPL. He encouraged the Council to tentatively agree to this based upon a fair assessment of the safety concerns. Councilman Hays has strong feelings with running high voltage lines by houses. He understands it is expensive to put these lines underground. He asked Mr. Hronec to ask his people to consider putting the lines underground. He understands this needs to be done and he would appreciate any serious look that FPL can do at this project. Mayor Hayman stated you would still have the same concerns on Indian River Blvd. because you would still have the same wires in close proximity of all the houses on Indian River Blvd. Mr. Hronec stated DOT will stay on hold until the end of September. He agreed to take the recommendations under advisement for further study and present Council with a layout what they are proposing to do along the corridor. He would like to set up a meeting with City Engineer Fegley and walk the route. Mayor Hayman would like Mr. Hronec to come back at the September 16th meeting with more information on this. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. First reading Ord. 96-0-07 Updating and amending Chapter 16 of Code of Ordinances in reference to public service taxes authorized by section 166.231, Fla. Statutes Page -2- Council Regular Meeting August 19, 1996 'w" ....., City Manager McMahon commented on this being split into two ordinances, one for the utilities tax for the water and one for the utilities tax for the telephone communications. City Manager McMahon informed Council of his proposal. He recommended approval of this ordinance. City Manager McMahon commented on the telephone communications portion of the ordinance. City Attorney storey commented on the separation of this ordinance due to Mayor Hayman having a conflict of interest with the telecommunications portion of the ordinance. Mayor Hayman spoke about a computer exchange service being taxable and that being where his conflict of interest lies due to having a business which deals with a communications network. Councilman Hays asked if a conflict of interest would only exist if you were a vendor of such services and not a user of. City Attorney storey informed him that is correct. There was no objection from Council to separate this ordinance. Mayor Hayman read Ord. 96-0-07. City Attorney storey stated the section of the ordinance that relates to the imposition of the 7% tax on telecommunications services is set forth in section 16-2 on Page 7 paragraph c. The reason this has an effective date of February 1, 1997 is because under the Statute we are obligated to give any vendors 120 days notice prior to implementing this change in the tax structure. City Attorney Storey explained the language in reference to the water services that would come out of Ord. 96-0-07 is also found in section 16-2 paragraph b. That language would come out of this ordinance and be placed into Ord. 96-0-08. Councilman Mitchum questioned the corporate limits under the water section. City Attorney Storey explained the language in the statute allows a tax to be levied upon purchases within the municipality. There was further discussion regarding this matter. Councilwoman Martin asked what this would bring the ad valorem rate down to. City Manager McMahon explained this would bring the ad valorem rate down to 6.59 mills from 7.10107 mills. The actual decrease in the millage rate would be 4.84%. Councilman Mitchum made a motion to approve Ord. 96-0-07 on first reading, second by Councilman Hays. The motion CARRIED 3-0. Mayor Hayman abstained due to a conflict of interest. City Attorney Storey explained this would reflect basically the housekeeping administrative provisions found in Ord. 96-0-07. The telecommunications portion would drop out. The one new issue would be the authorization of a tax on water services in the amount of 10% of the purchase price of that service. There was a discussion regarding the effective date for Ord. 96- 0-08 being October 1st. There was a discussion regarding the title for Ord. 96-0-08. Councilman Mitchum made a motion to approve Ord. 96-0-08 for first reading, second by Councilman Hays. The motion CARRIED 4- o. Page -3- Council Regular Meeting August 19, 1996 ~ ~ CONSENT AGENDA A. Change Order and project closeout for Cory Estates distribution system B. Satisfaction of special assessment (paving) lien C. Approve transfer of $1,000.00 from Special Law Enforcement Trust Fund into General Fund City Manager McMahon briefly spoke about Item C. Mayor HaYman asked to have Item A removed from the Consent Agenda. Councilman Mitchum made a motion to approve Items B & C of the Consent Agenda, second by Councilwoman Martin. The motion CARRIED 4-0. Mayor HaYman asked City Manager McMahon to present a staff report on Item A which he did at this time. utilities Director Terry Wadsworth further elaborated on this matter. Councilman Mitchum moved for approval of Item A of the Consent Agenda, second by Councilwoman Martin. The motion CARRIED 4-0. OTHER BUSINESS A. CityTel, Inc. Letter of Authorization re: communications tower City Manager McMahon presented the background information and staff recommendation regarding the letter of authorization pertaining to the communications tower. There was a discussion regarding the lease agreement. Councilman Mitchum questioned the term being twenty-five years. He would like to see 15-5-5 lease and questioned if this is something we could ask them about. City Manager McMahon stated right now the City is only authorizing them to prepare and send us a lease agreement that is compatible with our needs. Councilman Mitchum made a motion to approve the request for a letter of authorization regarding the communications tower, second by Councilwoman Martin. The motion CARRIED 4-0. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Doris Hill, 112 Lincoln Road, commented on the City having two budget hearings and the citizens not being heard. She commented on the taxes going up. She feels it is time for everyone to tighten their belts. Ms. Hill feels the United Taxpayers of Edgewater suit needs to be settled. She feels if everyone in the City shunned the people responsible, they would drop this preposterous suit. She suggested the City create a citizens committee to stop this sort of thing. Paul Jenkins, 2029 willow Oak Drive, commented on not being happy with the water rate increase and the way it was tiered. He further commented on the $6 stormwater fee. Councilman Hays questioned putting a stormwater fee on the tax bill. city Attorney Storey informed him that could be done. Finance Director Munoz further elaborated. Page -4- Council Regular Meeting August 19, 1996 ....... ...., OFFICERS REPORTS City Attorney storey had nothing at this time City Manager McMahon briefed Council on a meeting tomorrow regarding the 800 megahertz to discuss the problems with the system. City Manager McMahon presented an update of the Water Alliance. Mayor Hayman spoke about a picture of Mr. Feaster and Reed Hughes he saw in the newspaper regarding a statement of their personal endorsement for a 1/10 mill increase to our water district tax base. He expressed concern with Mr. Feaster taking a position that is really a policy statement. City Manager McMahon stated Mr. Feaster was at the meeting of the Water Alliance Board representatives which the managers were at and not a single person supported that notion. Mayor Hayman feels the prudent thing a public official should do is an accounting of what they have now, the $5.9 million. He was astounded when he was told they could not give him an accounting. He is still waiting for a response. City Manager McMahon stated you can ask them for a report that has to be turned into the state. They have to legally report and have audited all of their expenses annually to the state of Florida. City Clerk Wadsworth had nothing at this time The Press had nothing at this time. Councilman Hays thanked Ms. Hill for her comments regarding the United Taxpayers of Edgewater. This type of action only hurts everyone in the community. Councilwoman Martin suggested getting rid of the consent agenda and addressing each item individually. There was further discussion regarding the removal of the Consent Agenda. City Manager McMahon agreed to make Change Orders separate items in the future which was a concern of Councilman Hatfield's at the previous meeting. Mayor Hayman asked for a report on Mr. Lyle Sumek who is a renowned figure in our country. He is a facilitator that specializes in the government sector. He has an available time window for us if we would like to use his services to look at the future of our City. city Manager McMahon presented a report regarding Mr. Sumek. He recommended Council approval to employ his services. Mayor Hayman feels it would be a worthwhile thing to do to put some issues on the wall and define where the City wants to be in the next sixty months. He feels it would be worth the investment. He encouraged Council's support. Mayor Hayman asked the cost of Mr. Sumek's services. City Manager McMahon stated it is $1,000 per day. Ms. Hill expressed opposition to this. Mr. Sumek would be able to provide his services September 6th & 7th. Councilman Hays feels they need to formulate some of their own plans before employing Mr. Sumek's services. Page -5- Council Regular Meeting August 19, 1996 '-' ~ city Manager McMahon recommended Council hold a workshop and invite the Economic Development Board so they could work together. Councilman Hays wants Council's feelings before getting the Economic Development Board involved. ADJOURNMENT There being no further business to discuss, Councilman Mitchum made a motion to adjourn. The meeting adjourned at 8:39 p.m. Minutes submitted by: Lisa Kruckmeyer Page -6- Council Regular Meeting August 19, 1996