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08-15-1994 - Regular ,... ..., CITY COUNCIL OF EDGEWATER REGULAR MEETING AUGUST 15, 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 Excused Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE The invocation was delivered by Reverend Boldt, Edgewater Alliance Church. There was a pledge of allegiance to the Flag. Mayor Hayman stated there was a request from Mr. Edward Keenan representing the united Taxpayers of Edgewater who appeared later on the agenda. He asked to be moved them forward on the agenda. It was the consensus of the Council to leave this item as it appears on the agenda. APPROVAL OF MINUTES There were no minutes to be approved. CITIZEN COMMENTS Michael Billick, 2428 Lime Tree Drive, commented on an article in the Daily Journal on August 12, 1994 regarding the UTE. He stated this article only contained half of what was presented at the meeting. He asked the press to call on the Mayor to hold a public workshop to discuss the alternate sewer funding proposal. Mr. Billick asked the Mayor to hold a public workshop for the CIP sewer program. He commented on the proposal submitted by the UTE to fund the wastewater system back in 1991. He commented on the difference in the proposals submitted in 1991 and 1992. Mr. Billick asked if the city officials put their thoughts into an alternate funding proposal. Mayor Hayman stated this will be addressed later on the agenda when the matter is presented by the united Taxpayers of Edgewater's attorney. Mr. Billick stated he hoped the Council will consider holding a public workshop to discuss an alternate funding proposal. Mayor Hayman stated several public hearings were held on this subject. Mr. Billick referred to a memo from Finance Director Fred Munoz dated back to July 26, 1991. '-" ...., COUNCIL/OFFICERS REPORTS city Attorney City Attorney storey had nothing at this time. city Manaqer City Manager McMahon requested Council to authorize an investment banking agreement with william R. Hough Co. City Manager McMahon stated he received a proposed amendment to the County agreement to install the water line to the South. He stated they are requesting we install the master meter for the southerly water line at the point of Hacienda Del Rio. He stated unless Council wishes to revisit this agreement, he would direct the County that the agreement stands as is. He recommended to Council if the County has not consummated this at the time that we give notice to proceed, that Council proceed with that portion of the water line and consider that we have no agreement. Councilman Hays feels we were clear in the negotiations with the County and that we would proceed to Boston Whaler. He is not willing to go along with what the County is now requesting. He feels it is in the best interest of the City to proceed the way this was planned. Councilman Mitchum agreed with councilman Hays. Mayor Hayman briefed the audience on what has been discussed between the City and County in the past and he feels we need to stay with the original agreement. It was the consensus of the Council if the County does not get back to us to proceed as though we have no agreement. Councilman Mitchum made a motion to consummate the agreement with William R. Hough Co. authorizing the Mayor to execute the agreement, second by Councilman Hays. The motion CARRIED 4-0. City Manager McMahon briefly explained the utility tax program. CITY COUNCIL Mayor Havman Mayor Hayman had nothing at this time. Councilman Jones Councilman Jones was excused from this meeting. Councilwoman Martin Councilwoman Martin had nothing at this time. Councilman Hays Councilman Hays had nothing at this time. Councilman Mitchum Councilman Mitchum had nothing at this time. CONSENT AGENDA A. Re-authorize city/County Interlocal Aqreement for Recyclinq Grant Fund Page -2- Council Regular Meeting August 15, 1994 ..... .""", B. Interlocal Aqreement for distribution of proceeds of local option gas tax city Manager McMahon explained that this is the same formula that was used last year. city Attorney storey commented on section 5 and asked that the City Manager and City Attorney be able to work on this language as she has recommended in her agenda request. Mayor Hayman commented on a commitment made by County Council and Staff to this formula when it was raised that they could use the state formula and thereby the municipalities that participated would receive only 20%. City Manager McMahon elaborated on this matter. C. Equipment lease aqreement with Bower Ammonia & Chemical for 1,000 water qallon storaqe tank for anhydrous ammonia Councilman Mitchum made a motion to accept the consent agenda, second by Councilwoman Martin. The motion CARRIED 4-0. NEW BUSINESS A. Appointment to citizen Code Enforcement Board due to expiration of term of Georqe Cowan, who requests reappointment Councilwoman Martin had a motion to reappoint George Cowan, second by Councilman Hays. The motion CARRIED 4-0. B. Appointment to citizen Code Enforcement Board due to expiration of term of Donald Schmidt, who requests reappointment Councilwoman Martin made a motion to reappoint Donald Schmidt, second by Councilman Hays. The motion CARRIED 4-0. C. Cancellinq or reschedulinq reqular meetinq of Monday, September 5, 1994, due to Labor Day holiday Councilman Hays made a motion to cancel the regular meeting of September 5, 1994, second by Councilman Mitchum. The motion CARRIED 4-0. D. Initial review and comment on proposed sections of Land Development Code: Appeals of Administrative Decisions; Procedure for site Plans; Subdivision and Plattinq Procedures; Amendments to the Comprehensive Plan, Code, Official Zoninq Map and Future Land Use Map; Conditional Uses; Development Aqreements; Riqht-of- Way Abandonment and Plat Vacation; Guarantees and Sureties Community Development Director Mark Karet made a presentation on the background of the work that has been done with the Land Development Code. Mayor Hayman questioned Appeals of Administrative Decisions, Page 2, Paragraph E Subset 3. He asked City Attorney Storey to explain substantial competent evidence. City Attorney Storey referred to the Snyder case. Mayor Hayman explained the part VCARD took in the review of the Land Development Code. Mayor Hayman stated a workshop will be held where all the ordinances will be examined in detail, one at a time. Mr. Karet explained there will be a single ordinance that will adopt each individual section. City Attorney Storey further explained the procedure they are going to follow. Page -3- Council Regular Meeting August 15, 1994 '-" ...",., Mayor Hayman asked about an ordinance regarding derelict buildings. He thought they were going to have an ordinance included with the sections of the Land Development Code. City Attorney storey informed him it would be in the next group. She stated it is going through the Building Trades Regulatory & Appeals Board and then on to the Land Development and Regulatory Agency. ORDINANCES, PUBLIC HEARINGS, AND RESOLUTIONS FIRST READING: A. Ord. 94-0-21 Increasing stormwater manaqement utility fee City Manager McMahon gave a presentation on using stormwater fees for the purpose of providing the stormwater costs for the paving project in Florida Shores. Mayor Hayman read Ord. 94-0-21. Mayor Hayman stated when we began exploring how we were going to pave the unpaved roads in Florida Shores, Councilman Mitchum suggested breaking away the stormwater portion of the project and take the remaining portion of the project and do a 1/3, 1/3, and 1/3. city Manager McMahon informed him this is correct. city Manager McMahon stated we have to be able when we market the bonds and put together the structured financial plan to justify the lowest cost to the potential buyers. City Manager McMahon explained the need for increasing the stormwater fee. Councilman Hays asked City Attorney Storey to explain why all nonresidential properties besides mitigation facilities will not have to pay the contribution fee. City Engineer Fegley explained the contribution fee. Councilman Hays addressed the undeveloped lots and what the financial impact would be on the new fee. city Manager McMahon elaborated on Councilman Hays' concerns. There was a lengthy discussion regarding undeveloped lots and amending the ordinance. City Manager McMahon spoke on the need for the ordinance to obtain bonds. City Engineer Fegley commented on the formula used to come up with the proposed $6 fee. Councilman Hays feels we need to proceed before interest rates increase. Councilman Mitchum also feels this needs to be addressed regarding undeveloped land. Councilman Mitchum made a motion to approve Ord. 94-0-21, second by Councilwoman Martin. Mayor Hayman has a problem with telling the citizens the City is going to double their stormwater assessment without being able to explain why we are going to do it. Mayor Hayman stated he will not vote on anything unless he is sure they have examined more than one alternative. The motion CARRIED 4-0. Page -4- Council Regular Meeting August 15, 1994 "-' ~ B. Res. 94-R-14 Master Assessment Bonds Resolution city Manager McMahon stated the preliminary estimates for drainage improvements are $2,417,434. City Manager McMahon stated the detailed report is a series of figures that breaks down the cost. Mayor Hayman asked a copy be put in their mail tomorrow. Robert Freeman, Squires, Sanders and Dempsey, spoke about Items 7B, 7C, 7D, and 7E on the agenda. He spoke about the need to amend Ord. 91-0-01. He stated they have prepared a Master Assessment Bonds Ordinance that would provide authority for the City and describe the way the City could issue assessment bonds both to finance the paving and drainage improvements. Mr. Freeman presented a background of the documents being brought before Council for their consideration. Mr. Freeman spoke about two time concerns City staff is trying to deal with: the necessity to deliver an assessment roll to the property appraisers office no later than September 15th in order for these to be included on the 1994 Tax Bill and Squires, Sanders and Dempsey is recommending this go through the process of validating in the Circuit Court through Volusia County following a statutory procedure which could take 60 - 75 days. Mr. Freeman stated the bonds are special or revenue bonds which don't in any way implicate the ad valorem taxing power of the City. Mr. Freeman went on to talk about the bonds referring to each resolution involved with the paving project. Mr. Freeman went over some of the preliminary figures. Mayor Hayman asked what the status is of the assessment roll. city Manager McMahon elaborated on Mayor Hayman's concern. Mayor Hayman read Res. 94-R-14. Councilwoman Martin made a motion to approve Res. 94-R-14, second by Councilman Hays. The motion CARRIED 4-0. C. Res. 94-R-15 Relatinq to levy of special assessments within Florida Shores Road Improvement Special Assessment District Mayor Hayman read Res. 94-R-15. Finance Director Fred Munoz presented the preliminary figures for the paving and drainage improvements. Mr. Munoz answered questions presented by Council. Community Development Director Mark Karet explained the map presented to Council are the roads which are going to be paved as part of the road improvement program. Mayor Hayman asked for a map showing the Council which east-west roads will be used to collect and manage the stormwater runoff. Councilman Mitchum made a motion to approve Res. 94-R-15, second by Councilman Hays. The motion CARRIED 4-0. D. Res. 94-R-16 providinq for issuance of special assessment bonds to finance cost of Florida Shores Road Improvement proiect Mayor Hayman read Res. 94-R-16. Page -5- Council Regular Meeting August 15, 1994 '-" ....."" There was a brief discussion as to whether the $16,500,000 was still necessary. Councilwoman Martin made a motion to approve Res. 94-R-16, second by Councilman Hays. The motion CARRIED 4-0. There was a brief recess at this time. SECOND READING: (PUBLIC HEARING) E. Ord. 94-0-19 Amendinq Ord. 91-0-01 for purposes of Florida Shores Road Improvement Proqram Mayor Hayman read Ord. 94-0-19. Mayor Hayman opened the public hearing. City Manager McMahon briefed Council on the purpose of this ordinance. Mr. Freeman explained the proposed amendments to the ordinance. Mayor Hayman closed the public hearing. Councilman Mitchum made a motion to approve Ord. 94-0-19, second by Councilwoman Martin. The motion CARRIED 4-0. UNFINISHED BUSINESS A. Fund raiser to build recreation complex at 26 acre site on Turqot Avenue Parks and Recreation Director Jack Corder gave the background on a possible fund raising project for the development of a recreation complex located on the 26 acre site. Mr. Corder asked Council to go ahead and start the bid process on the actual house construction and he asked for authorization to borrow $100,000 seed money from the insurance fund or a bank with interest. City Attorney Storey confirmed she did not see any violation with selling tickets to tour the home. She feels we are on safe ground. Mr. Corder answered questions presented by Council. City Manager McMahon suggested Council evaluate the risk of this project. He asked for Council consensus for the approval of the concept. Councilman Mitchum applauded Mr. Corder's effort to try and find funding. He does not feel this is a risk and he supports the idea. Councilman Hays expressed his feelings about this project being a good idea. He also commented on the present park usage. Mayor Hayman listed the four issues Mr. Corder is recommending. It was the consensus of Council to look into the cost of this project. Councilman Hays instructed staff to seek funding. Councilwoman Martin made a motion to go ahead with the agreement and plans and come forward later with the funding, second by Councilman Mitchum. Page -6- Council Regular Meeting August 15, 1994 '-" ""-' There was a brief discussion regarding the funding portion of this project. There was a discussion regarding the expansion of the recreation facilities in Edgewater. The motion CARRIED 4-0. B. Harrv stewart. Attornev for united Taxpavers of Edqewater. re: wastewater svstem and upcoming bond issue Harry stewart, Attorney, Ackerman, Senterfitt & Edison, stated he has been representing the UTE for approximately one year. He stated the UTE believe the plan that was put in place to finance the CIP projects was unfair and unequitable. Mr. stewart went on to say when the plan was put together for the Advanced Wastewater Treatment Plant, the City did not expand an existing plant to provide service for the Florida Shores area. He stated the City took an old plant and replaced it in its entirety with a new plant. Mr. Stewart explained he has suggested to the UTE that they authorize him to speak to the City officials to see if there is any way to come up with a plan that might be more fair or at least satisfy the problems the citizens of Florida Shores have with this plan. Mr. Stewart stated in a document that was submitted to the City, he identified alternative revenue sources where the City could find monies in order to finance this project differently. He stated the report was turned in on May 17th. He called on June 23rd to find out if there was going to be any response given and he was informed the plan did not warrant a response. He asked for a letter from the City Attorney informing him that their plan is not worthy of consideration. He stated they still have not received anything from the city staff. Mr. Stewart stated he was present because he wanted to know if this treatment is a product of political leadership or managerial style. Mr. Stewart continued to talk about the citizens of Florida Shores being unhappy. He feels there are a number of financing schemes that can be done to try to fix this problem. Mayor Hayman asked Mr. stewart to explain what the constitutional questions are. Mr. Stewart stated primarily equal protection. He went on to talk about the City building a new Wastewater Treatment Plant instead of expanding the existing plant. Councilman Hays referred to us verses them and was curious as to whether or not Mr. Stewart looked at the entire document regarding the CIP that was done. Councilman Hays went on to explain the Council anguished over this for many hours and as fairly as they could. Councilman Hays expressed his resentment for Mr. Stewart referring to Council and staff as being underhanded and deceitful. Councilman Hays stated when the United Taxpayers was formed, he was one of the original half a dozen people who formed that group which was formed as a watchdog organization. Councilman Hays believes the issue and mechanism that was used for the CIP was reviewed and Council acted in good faith. Page -7- Council Regular Meeting August 15, 1994 --- ~ Councilman Hays told Mr. stewart if he feels he has a suit against him or the City to go for it. Mr. stewart clarified that his remark regarding underhanded and deceitful had nothing to do with the action that was taken when this was adopted. He explained it had to do with a clear indication from staff that they would negotiate in good faith and some progress could be made that they would accept with an open mind. Mayor Hayman stated Mr. stewart questioned political leadership and managerial style which City Manager McMahon elaborated on at this time. Councilman Mitchum feels at the time the CIP was looked at, the Council did the right thing. He supports what the City has done 100%. He asked City Attorney storey if we were to enter into litigation and one party was to lose, would there or would there not be compensation for costs of attorney fees. City Attorney storey stated it would be a possibility. Councilman Mitchum is very comfortable with what has been done. Councilwoman Martin spoke about the grant money that was obtained for the Wastewater Plant. Mayor Hayman commented on political leadership and managerial style. He went on to explain his feelings on working things out. He stated he has to support what is being said by his constituents. It was the consensus of the Council that they will not consider any further action on this issue. Councilman Mitchum made a motion to reaffirm the previous policy established by the Council, second by Councilwoman Martin. The motion CARRIED 4-0. COUNCIL/OFFICERS REPORTS city Attorney city Attorney storey had nothing at this time. city Manaqer city Manager McMahon stated he feels staff is acting with integrity. CITY COUNCIL Mayor Hayman Mayor Hayman reminded Council of a meeting on August 17th for the purpose of discussion the status of litigation between the Associates of Meadowlake Inc. and the City of Edgewater and the budget workshop will follow. Mayor Hayman reminded Council of a workshop on August 16th on the budget hearing. Councilman Jones councilman Jones was excused from this meeting. Page -8- council Regular Meeting August 15, 1994 '-" """'" Councilwoman Martin Councilwoman Martin had nothing at this time. Mayor Hayman informed her he needed her to represent the city at the Water Co-Op meeting on Wednesday morning at 8:30 a.m. at the Daytona Airport in the Volusia Room. Councilman Havs Councilman Hays apologized for his anger earlier in the meeting. Councilman Mitchum Councilman Mitchum commented on the Thumbs Up, Thumbs Down section in the Observer. Jim Jones put a Thumbs Down in the newspaper for the city Council for having a newsletter. Mr. Jones stated the newspapers could do a very adequate and unbiased job of reporting the news. Councilman Mitchum asked that the fences around the retention ponds on the streets that are closed off are atrocious. He asked for someone to take a video camera and film some of these fences. He would like these areas addressed. He would like to make these fences a little more attractive and a little less of a nuisance to the surrounding area. Mayor Hayman commented on not being able to maintain the ditch due to the fences on the ditch line on the 26th and 27th block between Travelers Palm Drive and Umbrella Tree Drive. There was a brief discussion regarding this matter. Questions from Press Barry Gear, News Journal, stated he likes the newsletter. CITIZEN COMMENTS There were no citizen comments at this time. ADJOURNMENT There being no further business to discuss, Councilman Mitchum made a motion to adjourn, second by Councilman Hays. The meeting adjourned at 10:13 p.m. Minutes submitted by: Lisa Kruckmeyer Page -9- Council Regular Meeting August 15, 1994