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10-03-1994 - Regular '-'" ...", CITY COUNCIL OF EDGEWATER REGULAR MEETING OCTOBER 3, 1994 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 Kirk Jones 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 Present Present Present Present Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE The invocation was delivered by Reverend Dean Hampton, Bella vista Baptist Church. There was a pledge of allegiance to the Flag. APPROVAL OF MINUTES Special Meetinq of September 7, 1994 Councilman Jones made a motion to approve the September 7, 1994 minutes, second by Councilwoman Martin. The motion CARRIED 5-0. CITIZENS COMMENTS Paul Jenkins, Florida Shores, commented on the new water rates put into effect October 1st. He referred to the rates as anti- family and anti-business. He expressed his concern for what this is going to do to families. He does not feel the people are being treated fairly. He requested Council take another look at the rates. Mayor Hayman asked city Manager McMahon to meet with Mr. Jenkins. Mr. Jenkins also commented on renters being forced to pay the stormwater fees by their landlords. He asked Council to look at another way of billing the stormwater fee or pass an ordinance that would stop the landlords from passing the fee on to the renters. Councilman Hays elaborated on Mr. Jenkins concerns. City Manager McMahon agreed to meet with Mr. Jenkins. Mario DiOrio, 1823 Evergreen Drive, commented on a paper that was passed around regarding the salaries of every employee in the city. He feels in order to get qualified people you have to pay the price. He feels it is unfair that this is being circulated and there is no name on it. Mr. DiOrio spoke about his leaky roof. He asked Council to look at some pictures which he passed around. He spoke about the workers damaging his gutters. He spoke about the lousy job that was done. He stated he paid $2,515.00 for the job. He asked Council to consider suspending peoples ability to do work in Edgewater until certain things are rectified. '-' ...." city Manager McMahon explained that the state of Florida provides the license for contractors. councilman Hays told him to contact the Chamber of Commerce. Mayor Hayman asked Mr. DiOrio for the name of the roofer so he can turn them into the Building Trades Regulatory and Appeals Board. City Manager McMahon stated the new land development codes will contain a section to deal with this kind of initiative. George & Gloria VanderWiele, 1627 pine Dale Road, and Terry Pews, 1777 pine Dale Road, stated there is a lot of vacant land on their street and if contractors were to buy this land and turn it over to the city, they could turn around and get this acreage and put it in the City limits. He stated this road is not maintained by the County; it is maintained by the people of the road itself. He stated a contractor can buy this land and legally they can subdivide it and make it into individual lots. City Manager McMahon stated that there are restrictions and community Development Director Mark Karet elaborated on Mr. VanderWiele's concerns. Mayor Hayman stated that this matter will be discussed later on the agenda. He suggested they should meet with city Manager McMahon and staff to address their questions. He explained that the City can not require people to annex into the city; annexation is voluntary. Mr. VanderWiele commented on placing a fire hydrant at the corner of pine Dale Road and Indian River Blvd. Mayor Hayman informed him if he and the citizens on that road are interested in paying for the installation of a fire hydrant, he is sure our City could accommodate that. City Manager McMahon further elaborated on the fire hydrant lssue. Doris Hill, 112 Lincoln Road, commented on the feasibility study on the golf course. She feels that because this goes through Parks and Recreation and the money for the study will not come from taxes that we should go ahead with this. She spoke on the coming of Maglev and how a golf course will bring money into Edgewater. She is in favor of doing the feasibility study. Judith Lichter, 826 Navigators Way, disagreed with Ms. Hill. She feels the City should listen to the citizens input from the survey. She feels the focus of Parks and Recreation should be youth. She doesn't feel now is the time to address the golf course issue. Galen McClain, 3119 Queen Palm Drive, stated at the August 15th meeting, City Manager McMahon said the City has spent 1400 hours assembling material for the united Taxpayers. There was a discussion regarding whether overtime was paid for this to be done. Mr. McClain asked how much does the City plan to spend on the lawsuit against the UTE in the bond issue. Mayor Hayman asked Mr. McClain to be more specific. Mr. McClain commented on notice in newspaper. city Attorney Storey clarified that is for the bond validation hearing and that is a statutory procedure for validating the bonds. Page -2- Council Regular Meeting October 3, 1994 '-" ..""" Cliff Clark, 1818 Evergreen Drive, stated he also had a problem with the same roofer as Mr. DiOrio. He further elaborated on his problem with the roofer. Mr. Clark discussed commented included. commented on the zoning for Guava and Hibiscus to be by the Land Development and Regulatory Agency. He on the west side of the 1800 block of Fern Palm being He expressed his concerns regarding this matter. Ed Collier, willow Oak Drive, spoke about swales on willow Oak Drive. He commented on the big machinery that is used to correct the water drainage problems. He is afraid to ask to have this problem corrected because of his lawn being destroyed. He asked if the City could buy a smaller piece of machinery to work on the drainage problems. Mr. Collier asked about charging vacant lots for stormwater. City Manager McMahon stated this is being looked at and will be brought before Council. City Manager McMahon asked Mr. Collier to contact him or Public Works Director Hugh Williams and they would talk to him more in depth about this matter. COUNCIL/OFFICERS REPORTS city Attorney City Attorney storey had nothing at this time. city Manaqer City Manager McMahon had nothing at this time CITY COUNCIL Councilman Hays Councilman Hays had nothing at this time. Councilman Mitchum Councilman Mitchum had nothing at this time. Mavor Hayman Mayor Hayman had nothing at this time. Councilman Jones Councilman Jones had nothing at this time. Councilwoman Martin Councilwoman Martin had nothing at this time. CONSENT AGENDA A. Permissive Use Aqreement with st. Johns River Water Manaqement District to monitor well at Alan R. Thomas Water Treatment Plant Councilman Mitchum made a motion to approve the consent agenda, second by Councilman Hays. The motion CARRIED 5-0. Page -3- Council Regular Meeting October 3, 1994 ~ -... NEW BUSINESS A. Bill Todd, New Smvrna Lanes, re: center in Edqewater interest in openinq bowlinq Mr. Todd was not present at the meeting. B. Request of Bella Vista Baptist Church to waive water impact fees because church is pavinq to extend line from Roberts Rd. to their site utilities Director Terry Wadsworth asked permission to discuss Items B & C together because they are related. Mr. Wadsworth made a presentation at this time. He answered questions presented by Council. Mayor Hayman stated he has a letter from Edwin Hall requesting help in the extension of the 12" water line from the church property to Bubba's Git-N-Go. He stated Mr. Hall is asking that the letter also serve as a request to waive the impact fee. He further commented on Mr. Hall's letter. City Manager McMahon commented on the impact fee. Mayor Hayman clarified the requests. Councilwoman Martin asked what the impact fee is for Bubba's Git- N-Go and the Bella vista Baptist Church. Mr. Wadsworth listed the fees. Councilman Mitchum made a motion to approve both requests for Items B & C, second by Councilman Jones. The motion CARRIED 5-0. C. Upsizinq/cost sharinq of water line improvements on west side of U.S. 1 from Roberts Rd. to Volco Rd. This item was discussed under Item B. D. Request of The Extended Familv to hold special event on October 29, 1994, from 11 a.m. to 2 p.m. at Park Plaza Gene Heidrich, Executive Director of the Extended Family, asked for permission to hold a special event in celebration of the fifth anniversary of the Thrift & Gift Shoppe. She stated she has total agreement from all the store owners in the Park Plaza. Mayor Hayman listed the stipulations presented by Mr. Karet. There was a discussion regarding no driveways or driving lanes being blocked. Mr. Karet elaborated on this matter. Councilman Jones made a motion to approve this request, second by Councilman Hays. The motion CARRIED 5-0. E. Request of Southeast Volusia Habitat for Humanitv for assistance city Manager McMahon explained this request. He explained they are looking for a $100 donation from the Council. Councilman Hays asked Council if they would join with him and donate $20. It was the consensus of the Council to each donate $20. Councilman Hays made a motion that each councilmember contribute $20, second by Councilwoman Martin. The motion CARRIED 5-0. Page -4- Council Regular Meeting October 3, 1994 '-' ....., F. Scott Biederman's request to raise speed limit on Hibiscus Drive from 30 mph to 45 mph when pavinq is completed Mr. Biederman was not present. city Manager McMahon recommended not approving the request to increase the speed limit after the paving has been completed. councilman Mitchum made a motion not to increase the speed limit, second by Councilwoman Martin. The motion CARRIED 5-0. G. Reduction of sewer assessment interest rate from 6.007 to 5.35% per year Finance Director Fred Munoz gave a report on the reduction of the sewer assessment interest rate. He informed Council this will be effective December 1, 1994. Councilman Jones made a motion to approve this request, second by Councilman Hays. The motion CARRIED 5-0. Mr. Munoz stated the revised amortization schedules will be available at City Hall. H. Installation of stormwater treatment vault for $1.825 to be placed at discharqe area of Shanqri-La's retention pond City Engineer Fegley gave a presentation on the need for the stormwater treatment vault to be placed in Shangri-La. Mayor Hayman commented on the aerial photos they reviewed of the Indian River adjacent to Edgewater and the stormwater and discoloration of the water coming out of the canals. He commented on the black streaks coming from our canals into the st. Johns River. Councilman Jones asked if the Gabordy Canal would be too small for a stormwater treatment vault. Mr. Fegley elaborated on Councilman Jones' concerns. Councilman Hays made a motion to approve this request in the amount of $1,825 to place the stormwater treatment vault at Shangri-La's retention pond or elsewhere, second by Councilman Mitchum. The motion CARRIED 5-0. I. Services related to certification of sewerage systems capital improvement account by Ernst & Younq at cost not to exceed $2.500 Finance Director Fred Munoz explained this is in relation to the $2,226,412 Department of Environmental Protection Grant the city received in order to construct the new sewer treatment plant. Mr. Munoz answered questions presented by Councilman Jones and Mayor Hayman. Councilman Mitchum made a motion to approve this request at a cost not to exceed $2,500, second by Councilman Hays. The motion CARRIED 5-0. There was a five-minute recess at this time. ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS FIRST READING: A. Ord. 94-0-24 Annexation along Palm Breeze Drive Mayor Hayman read Ord. 94-0-24. Page -5- Council Regular Meeting October 3, 1994 .... ...." Community Development Director Mark Karet made a presentation regarding the annexation along Palm Breeze Drive. Mr. Karet answered questions presented by Council. Councilman Hays made a motion to approve Ord. 94-0-24, second by Councilman Jones. The motion CARRIED 5-0. B. Res. 94-R-24 Establishinq revised schedule of fees and charqes for reclaimed water system Mayor Hayman presented the background on Res. 94-R-24. city Manager McMahon further elaborated on Res. 94-R-24. utilities Director Terry Wadsworth stated anyone up to this point who has submitted an interest form will pay $175.00. He stated if they wanted to have a deadline by the end of this month, it would be acceptable. He also stated if the people pay the fee and go to class and decide they do not want reclaimed water, their money would need to be refunded. It was the consensus of the Council to allow anyone signed up for reclaimed water as of today's date, to pay the $175.00 connection fee. There was a discussion regarding where the effluent will go if the city does not have enough reclaimed water connections to get rid of the reclaimed water that is not used. Councilwoman Martin stated in section 2 the written amount is different than the amount in parentheses. Mr. Wadsworth informed her the amount is $200.00. Councilman Jones feels there should be a grace period for giving the people still hooking up for reuse water free because it is not fair to the people who wanted the reuse water but we didn't have the ability to get it to them. There was further discussion regarding allowing a grace period for the people hooking up to the reuse water now but there also being an accounting problem due to the computer system used not having the capability of determining when people hook up to the reuse water. Mayor Hayman read Res. 94-R-24. Councilman Mitchum made a motion to approve Res. 94-R-24, second by Councilwoman Martin. The motion CARRIED 4-1. Councilman Jones voted NO. SECOND READING: (PUBLIC HEARING) C. Ord. 94-0-23 Annexation of 1.67 + acres at 1861 pinedale Road Mr. Karet made a brief presentation regarding annexing property at 1861 Pinedale Road. Mayor Hayman presented the background of Ord. 94-0-23. Mayor Hayman opened the public hearing. Mayor Hayman read Ord. 94-0-23. Mayor Hayman closed the public hearing. Councilwoman Martin made a motion to approve Ord. 94-0-23, second by Councilman Jones. The motion CARRIED 5-0. Page -6- Council Regular Meeting October 3, 1994 ~ ..." UNFINISHED BUSINESS A. Request of Oak Hill Commissioner Jeff Bracy, Tim Goodrich, and Georqe Partelow re: "Savinq Florida's Fresh Seafood" (Tabled 9/19/94) The above named people were not present at the meeting. B. Economic Development Board's request to execute agreement with Clark Development/Riqht Associates (Tabled 9/26/94) city Manager McMahon passed on Mr. Clark's apologies. He could not be present at the meeting due to a prior commitment. city Manager McMahon briefly explained the proposed agreement. Councilman Jones would like to wait for Mr. Clark to be present so he could explain in detail what this agreement entails. City Manager McMahon feels Council should make a decision based on the dialogue presented. Councilman Jones made a motion to table this item, second by Councilwoman Martin. Councilman Mitchum asked if this had ever been taken off the table. Councilman Jones made a motion to remove this from the table, second by Councilwoman Martin. Councilman Jones made a motion to table this item, second by Councilwoman Martin. C. Appointinq two members to Firefiqhters Pension Fund Board due to expiration of terms of Ben Waqner and Robert Morin, who request reappointment (Tabled 9/19/94) Councilman Hays made a motion to remove this from the table, second by Councilwoman Martin. The motion CARRIED 5-0. Councilman Mitchum made a motion to nominate Fred Munoz, second by Councilwoman Martin. The motion CARRIED 5-0. Councilman Hays made a motion to nominate Patricia Richards, second by Councilwoman Martin. The motion CARRIED 5-0. D. Recommendation that proposal for feasibility study for municipal qolf course be accepted from National Golf Foundation for $17,500 plus travel and related expenses (not to exceed $750) (Tabled 9/19/94) Councilman Mitchum made a motion to remove this from the table, second by Councilman Hays. The motion CARRIED 5-0. City Manager McMahon made a presentation regarding the proposed municipal golf course feasibility study at this time. Mr. Karet made a presentation regarding what the National Golf Foundation will be doing. He stated there are two landowners who have expressed an interest in donating land to the city for development of the golf course. Mr. Karet made reference to the city survey that was done regarding the city owning and operating a golf course. He stated 43% were against it, 37% were for it, and 20% had no opinion. Councilman Mitchum stated he is in favor of the golf course. Page -7- Council Regular Meeting October 3, 1994 ~ ~ Councilwoman Martin is also in favor of the golf course. Councilman Jones is also in favor of the golf course as long as this is impact fee eligible. Mayor Hayman commented on the property being considered for the golf course: the PID property, Mr. McCallister's property and Mr. Snowden's property adjacent to our Water Treatment Plant. Councilman Hays stated they can not proceed any further with this unless the study is done. Councilman Hays made a motion to go ahead with the feasibility study to be done by the National Golf Foundation, second by Councilman Mitchum. The motion CARRIED 5-0. E. 12" Southern Service Area Water Main/Interlocal Aqreement between Volusia County and city of Edqewater City Manager McMahon made a presentation and informed Council they need to make a decision whether or not to extend the water line to Ariel Road. City Attorney Storey commented on the letter dated September 23rd to Dick Kelton from City Manager McMahon. She stated this was the last written correspondence between the City and the County. She went over the two remaining issues in the agreement. city Manager McMahon recommended the Council issue the change order to extend the water line from Boston Whaler to Ariel Road and leave the master meter at Boston Whaler. Dick Kelton, Acting County Manager, stated they are at a point where there is only one remaining issue. He went on to explain the issue with regard to the PSC certificate Area and that it has been worked on for some time. He stated they have talked about a service area boundary to start at the north end of Hacienda Del Rio. He stated the City wanted to move that line south; back to the original line that was discussed. Mr. Kelton went on to explain Hacienda Del Rio, Kayat, Indian Harbor and Water Front Park are County utility systems. Terra Mar village is the private system that has decided they do not want to purchase water from the County or City. Mr. Kelton stated the County's concern is that we are in negotiations to buy this system. He stated the value the County's pays is based on a certain number of customers and a certain number of potential customers. Mr. Kelton explained a map he provided to Council. Mr. Kelton went on to talk about the certificated franchise area. He stated the County has no interest in providing water and sewer within municipal boundaries. He stated if that annexes they want out. Mr. Kelton stated the County Council on August 18th approved the joint participation agreement to build the second half of the pipeline. He explained they are down to the eleventh hour on the service area agreement. He feels they are close to having an agreement with the city and County. Page -8- Council Regular Meeting October 3, 1994 '-' .... Glenn Storch, Indian River utilities, Storch, Hansen & Morris, stated they have a memorandum of understanding from the County which provides that the County will assist them in the event they do not purchase this utility. He feels the best thing for the City to do would be for the County to purchase Indian River utilities in the event the City's goal is to eventually provide service to the areas in discussion. He offered his assistance. He would like to see this completed so they can complete their agreement as well. Mayor Hayman asked for clarification about CPC, Boston Whaler and Kayat having no legal recourse to come to the City and ask for water. They may deal only with the Indian River utilities. He feels they should have the legal right to annex into Edgewater if they wanted to and if they didn't want to they would have the right to tell Indian River utilities they would prefer to go some place else. Mr. Storch stated he didn't feel that was correct. There was further discussion regarding this matter. Councilwoman Martin asked if Indian River utilities has the capacity to expand and provide water. Mr. Storch informed her it does. Councilman Hays asked what the City's intent is and he feels it is in the best interest of the city of Edgewater to go to Ariel Road. Mr. Kelton didn't understand how a $500,000 expenditure to extend a line for no customers would be in the best interest of the City. Councilman Hays stated if there weren't any customers why would the County be looking at it. Mr. Kelton stated they service Indian Harbor, South Waterfront Park and Golden Bay which are south of Ariel Road. He stated they own and operate the systems and own the customers in those areas. Councilman Mitchum asked Mr. Kelton to clarify them being four words away and language being taken out that the city objected to. Mr. Kelton stated they are dealing with paragraph two which appears on page three of the draft. He further clarified this for Councilman Mitchum. There was a revised page three including alternative language at the end of the draft. He read the alternative language. Mayor Hayman stated when the Council met with the County Council and informed them of the city's intentions they discussed bringing the water line all the way to Oak Hill. He explained our Water Plant was overbuilt by capacity to meet the needs of the region. He stated a majority of the customers to the South want Edgewater water. Councilman Mitchum stated the proposed agreement stopped at where we were going to put the master meter. He asked City Manager McMahon if the language being proposed meets his needs. He feels the City should go to Ariel Road on the basis of the economics of the city. There was a discussion regarding surcharges and recovery costs. Councilman Hays stated the surcharge was never built in to be a profit making mechanism. He feels it is the responsibility of the Council to move forward and do what they need to do in the best interest of the City. Mayor Hayman stated they need to decide if they want to resolve this one area in the agreement which is how to treat the territory in an existing public service area or do they want to pursue going to Ariel Road. Page -9- Council Regular Meeting October 3, 1994 ..... .."", Councilwoman Martin feels they need to rethink the whole project. There was a discussion regarding the retail/wholesale aspect of this matter. Councilman Mitchum expressed concern about having to wholesale water when the city reaches the utility service areas owned by the County. City Attorney storey clarified the two remaining issues being the surcharge and what happens if the County buys Indian River utilities, who then between the city and the County gets to serve what is in the PSC franchised area. utilities Director Wadsworth stated we have been approached by Oak Hill and Golden Bay wanting to get water from the City. He stated a decision needs to be made tonight. He commented on the city recovering the costs put out and then having to collect these costs through a surcharge. Mayor Hayman feels we have a general agreement that we do want to enter into a service area agreement with the County. He feels the surcharge issue is no longer a problem. He stated that leaves how do we treat existing territory which is part of a public service area. City Manager McMahon expressed concern with the economics and flexibility of the city. There was a five-minute recess at this time. Mr. Kelton passed out and explained a map that shows the area in question all the way to the Oak Hill jurisdiction from the southern city limits of Edgewater. Councilman Hays feels the City needs to decide if they are going to do a change order. He suggested putting a time limit on the agreement. city Manager McMahon asked Mr. Kelton if the city enters into an interlocal agreement tonight, how fast is the County prepared to move on the distribution system such as Cory Estates. Mr. Kelton went over the processes that would have to be taken. He stated realistically the City is looking at a minimum of twelve months. Mayor Hayman expressed his concern regarding the debt service of $400,000 beginning next fiscal year and reoccurring every fiscal year afterwards for this type of project. Mr. Wadsworth assured him the money is available. There was a discussion regarding the County not wanting to be in the water business. Mr. Kelton does not recall the County Council ever saying they didn't want to be in the water business. Councilman Jones stated he is looking at the potential of selling water to start thinking about our water rates decreasing. He asked if that would alleviate some of the water rates that are now being charged. Mr. Wadsworth explained that is the whole idea of increasing the customers. Councilman Hays made a motion to approve the change order to go to Ariel Road per the agenda request, second by Councilman Mitchum for discussion. Councilman Mitchum expressed his concern of the individual customer. He can't see taking the water line down to Boston Whaler when the only service customers the City can serve is Cory Estates. Page -10- Council Regular Meeting October 3, 1994 .,. ...", city Manager McMahon feels the city should be conservative and go to Boston Whaler. councilman Mitchum withdrew his second. Mayor Hayman seconded the motion for further discussion. Mayor Hayman stated the only problem he has is the County's intention to restrict the city of Edgewater's service area even down Ariel Road. He suggested having a collective service area. The motion DIED 2-3. Councilman Mitchum, Councilman Jones and Councilwoman Martin voted NO. Councilman Mitchum made a motion to approve the interlocal agreement as amended per Council's discussion and as stated to go to Boston Whaler with a separate agreement for the water lines, second by Councilman Jones. The motion CARRIED 4-1. Councilwoman Martin voted NO. COUNCIL/OFFICERS REPORTS city Attorney City Attorney storey had nothing at this time. city Manaqer city Manager McMahon thanked the News Journal for their responsible journalism. CITY COUNCIL Councilman Hays Councilman Hays had nothing at this time. Councilman Mitchum Councilman Mitchum had nothing at this time. Mayor Hayman Mayor Hayman had nothing at this time. Councilman Jones Councilman Jones had nothing at this time. Councilwoman Martin Councilwoman Martin had nothing at this time. QUESTIONS FROM PRESS There were no questions from the press at this time. CITIZENS COMMENTS Paul Jenkins, Florida Shores, stated he was not trying to say his landlord should pay his taxes. He stated he was referring to the stormwater fee. The fee is supposed to be charged to the property owner but his landlord is telling him he has to pay it because it is on the water bill. There was a brief discussion regarding the collection of the stormwater fee being collected through taxes instead of the water bill. Page -11- Council Regular Meeting October 3, 1994 , . ...... ..." Don Masso, 317 pine Breeze Drive, questioned the city not having sufficient reuse water for the rest of Edgewater beyond Florida Shores. city Manager McMahon stated if the City does expand its 201 Facilities Plan and does expand the plant bond there will be additional capacity. ADJOURNMENT There being no further business to discuss, Councilman Mitchum made a motion to adjourn, second by Councilman Hays. The meeting adjourned at 12:02 a.m. Minutes submitted by: Lisa Kruckmeyer Page -12- Council Regular Meeting October 3, 1994