02-06-1995 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
FEBRUARY 6, 1995
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
Present
Present
Present
Present
Present
Present
Present
Present
INVOCATION, PLEDGE OF ALLEGIANCE
The invocation was delivered by Rev. Donnie Miller, Bella vista
Baptist Church. There was a pledge of allegiance to the Flag.
Retirement of utilities Department employee Darrvl Crossland with
5 years of service
Mayor Hayman recognized Darryl Crossland for his five years of
service with the City. He presented Mr. Crossland with a plaque
from the City.
Mr. Crossland personally thanked utilities Director Terry
Wadsworth. He also thanked City staff and Council.
APPROVAL OF MINUTES
Reqular Meeting of December 19. 1994
Councilman Hays made a motion to approve the December 19, 1994
minutes, second by Councilman Hatfield. The motion CARRIED 5-0.
citizen Comments Reqardinq Aqenda Items Only
(other than public hearinqs)
Mayor Hayman asked to have Item 4 - citizen Comments Regarding
Agenda Items included at the point in time where the road
improvement program will be discussed. There were no objections
from Council.
Mayor Hayman asked to impose the three-minute rule constraint.
There were no objections from Council.
CITY COUNCIL REPORTS
Councilman Mitchum
Councilman Mitchum spoke about the property that'was abandoned to
Dr. Diefenderfer and the discussion that night being he was going
to take this piece of property and the other half would go to
Cushman. The size of the property was 50' X 350' or 370' strip.
councilman Mitchum spoke about Dr. Diefenderfer presenting a site
plan for a medical facility. He stated there is now a for sale
sign on that property.
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councilman Mitchum asked for Council's support if in fact Dr.
Diefenderfer is going to develop that piece of property then we
need to know immediately.
Councilman Mitchum asked Mr. Karet if a site plan has been
submitted for that piece of property. Mr. Karet informed him no.
Councilman Mitchum asked if there has been any discussion. Mr.
Karet informed him not since the vacation was approved.
Councilman Mitchum stated the City Attorney and City Manager have
seemed to indicate that this can be undone. He suggested
contacting Dr. Diefenderfer to find out if he is going to submit
a site plan and if he is going to, he needs to take the for sale
sign down from that piece of property. He stated if he is going
to sell the property, they need to undo what was done.
Councilman Hays agreed with Councilman Mitchum. He stated one of
the primary reasons he agreed with the vacation was to see a new
industry, new business and new jobs come into this area. He also
feels this needs to be revisited.
Mayor HaYman agreed with Councilman Hays and Councilman Mitchum.
Councilman Mitchum made a motion that if in fact this is as it is
taking place to rescind the agreement, second by Councilman Hays.
City Attorney storey advised Council if this is the case, the
appropriate procedure would be to advertise, notify the affected
property owners and schedule a public hearing to come before
Council.
City Manager McMahon asked Council to establish a time frame for
Dr. Diefenderfer to submit a site plan for review. Councilman
Mitchum stated he was under the impression Dr. Diefenderfer was
"ready to submit."
There was a brief discussion regarding a time frame.
Councilman Hays suggested notifying the real estate agent who is
handling that property and let them know Council's intent.
Councilman Mitchum stated there is no real estate agent, it is a
self for sale sign with an Orlando phone number on it.
Councilwoman Martin asked if one of the things was that he should
not have monetary gain by Council releasing the property to him.
city Manager McMahon stated if Council rescinds this, he would
urge them to refund the donation made by him to the Parks and
Recreation Department. He stated if he can conclude this within
30 days and bring it back to Council through the proper public
hearing then Council can take action on this.
Councilman Mitchum agreed on 30 days being reasonable.
The motion CARRIED 5-0.
Mavor Havman
Mayor HaYman had nothing at this time.
Councilman Hatfield
Councilman Hatfield had nothing at this time.
Councilwoman Martin
Councilwoman Martin had nothing at this time.
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Council Regular Meeting
February 6, 1995
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councilman Hays
councilman Hays stated he has been working with Mr. McMahon on a
proposal regarding a bike path network through the City which he
hopes to bring to council soon.
councilman Hays commented on the Mango Tree Drive property next
to Public Works. He stated it is his understanding that it has
gone to County Council and we can expect to receive that property
for a passive park thanks to the hard work of Ms. Plaskett. He
stated he believes the city will be able to get that for just the
transfer costs.
City Manager McMahon stated it has been delayed being placed on
this agenda due to other matters they need to discuss but it will
definitely be on their next agenda.
Councilman Hays commented on the Water Co-op. He feels it is
important they contact New Smyrna Beach and Oak Hill in the
formation of a Southeast Volusia Water Co-op.
Councilman Hays made a motion to have city Manager McMahon
contact New Smyrna Beach and Oak Hill regarding the formation of
a Southeast Volusia Water Co-op to see if there is any interest,
second by Councilman Hatfield.
Mayor HaYman asked if Volusia County would be included as well.
Councilman Hays stated he would like to see it started on a local
level to conform with some of the requirements of st. Johns Water
Management and if we feel it needs to go farther than we can do
that.
Mayor HaYman spoke about bringing the Water Cooperative more
under the Volusia Council of Government umbrella rather than
create another distinct independent bureaucracy. He stated he
would keep Council posted as to the progress of this.
The motion CARRIED 5-0.
PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
There were no public hearings or ordinances lto be discussed.
Res. 95-R-03 Expressinq support for American Maqlev technoloqy
proiect and appropriation to the Orlando Maqlev technoloqv
proiect
Mayor HaYman gave a brief presentation on the reason for
supporting this resolution.
Mayor HaYman read Res. 95-R-03.
Councilwoman Martin made a motion to approve Res. 95-R-03, second
by Councilman Hays. The motion CARRIED 5-0.
CONSENT AGENDA
A. Aqreement with Auctioneer Ron Ellis for City auction of
surplus items on Saturday. March 11
B. Satisfaction of lot pavinq lien
C. Cooperative Equipment Lease with Department o~ Aqriculture
and Consumer Services - Division of Forestry - Addition to
Consent Aqenda
D. Semi Truck #526 Repairs - Addition to Consent Agenda
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Council Regular Meeting
February 6, 1995
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Mayor Hayman informed Council of Item C being an addition to the
consent agenda.
City Attorney storey elaborated on the cooperative equipment
lease for a 4 X 4 Chevy truck to be utilized to help the
Department of Fire and Rescue services in fighting brush fires.
Mayor Hayman read the consent agenda.
Councilman Hatfield asked to have Public Works Director Hugh
Williams request also placed on the consent agenda regarding
repairs to semi truck #526.
city Manager McMahon stated this is of an emergency nature and
although we can go ahead under emergency rules of the City
ordinances and authorize repairs, he would prefer to bring these
matters before Council.
Councilman Hatfield made a motion to accept the consent agenda,
second by Councilwoman Martin. The motion CARRIED 5-0.
OTHER BUSINESS
~ Proposed Florida Shores road im?rovement proqram for Florida
Shores. includinq financial plan options for fundinq pavinq
and stormwater.
11 General Staff overview of project and financial plan
options
City Manager McMahon presented a brief overview of the road
improvement program.
Finance Director Fred Munoz made a presentation regarding the
financial plan options for the funding of the paving and
stormwater projects.
There was a five-minute recess at this time.
21 A citizen's specific proposed landscaping of water
retention pond areas
Leah Elaine Fugate, 2940 Victory Palm Drive, made a presentation
regarding the proposed landscaping of the retention ponds. She
presented a project synopsis and an estimated financial
projection of this project.
Ms. Fugate read a prepared statement.
Mayor Hayman stated Ms. Fugate has volunteered to work with staff
and with our Engineers and on her own has made a presentation
tonight.
Mayor Hayman stated Ms. Fugate was told there was no money funded
in the engineering costs up to this point and our best hope was
to have a project that would come in well under on a bid phase
and to have a project that was constructed efficiently and
effectively.
Councilman Mitchum thanked Ms. Fugate for her efforts. He feels
it is a great effort and it shows a willingness on her part to
help out.
Councilman Hays also thanked Ms. Fugate for her work and effort.
He feels some of her ideas are very good. He feels a living
memorial and planting trees is a wonderful idea.
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Council Regular Meeting
February 6, 1995
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3) A citizens petition opposing proposed road improvement
program
Tom Williams, 1223 Willow Oak Drive, explained why he can not
afford the paving. He explained the increase in taxes on his
house and his homeowners insurance. He submitted a petition to
council in opposition of the road improvement program.
Mayor HaYman read the petition and stated there are 178
signatures on the petition. Mr. Williams stated he was given
another sheet tonight. Mayor HaYman stated there are now 186
signatures.
Mr. Williams stated he appreciated council's time and asked for
consideration on the majority of the people who can not afford
the paving.
councilwoman Martin asked how many homes are included in the
paving program. Mr. Munoz stated there are approximately 3,840
homes.
4) Any other citizen comments or input
Judith Lichter, 826 Navigators Way, stated in the beginning of
this most recent discussion of the paving of the roads, she met
with members from Pelican Cove, ShangriLa and some trailer parks
where their concerns were discussed. She stated they have
already paid for the paving of their roads and their own
stormwater sewage system.
Ms. Lichter stated they were quite relieved when Councilman
Mitchum presented the 1/3, 1/3 and 1/3 plan. She continued to
speak about his plan.
Ms. Lichter spoke about the increase in the stormwater fee and
Edgewater Landing not receiving anything from the city at this
point for the stormwater money. She stated this also pertains to
other developments outside Florida Shores.
Ms. Lichter spoke about additional new taxes being mentioned.
Mayor HaYman asked Ms. Lichter to finalize her comments. Ms.
Lichter stated since the lady who worked on the landscaping
project for the retention ponds had more than three minutes to
present something that Council hasn't even voted on yet, she has
a couple more thoughts she wants to get across.
Ms. Lichter stated the people who should be paying for the burden
of this are the people who are going to profit from the street in
front of their homes.
Mayor HaYman informed Ms. Lichter she had to end her
presentation.
Patrick Palmier, 617 Mooring Lane, stated when the ClP project
was proposed, he supported it. When the taxes were increased 26%
a couple of years ago, he supported the rationale for that. When
the 5% proposal came about a year ago, Mayor Hayman and
Councilwoman Martin objected to that and he supported that.
Mr. Palmier spoke about reading in the newspaper that three
Councilmen support this proposal. He feels Council's minds are
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made up.
Mr. Palmier objected to a tax increase.
Mr. Palmier feels Council needs to stop and consider about a 25%
increase in the City taxes because of the increase in stormwater
fees. He again objected to a tax increase.
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Council Regular Meeting
February 6, 1995
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Dominic Capria, 606 Topside Circle, also objected to the paving.
He also commented about the article in the newspaper and that it
looks like it is a forgone conclusion.
Mr. capria
Edgewater.
citizens.
to come up
feels Council is not listening to the citizens of
He feels they are being treated as second class
He feels the roads need to be paved but Council needs
with a different and better solution.
Ben Vasquez, representing 2807 Needle Palm Drive, stated he has a
copy of a letter from the Attorney General for the state of
Florida, dated July 10, 1990 on behalf of the City of Kissimmee.
Mr. Vasquez stated it appears as though the City of Edgewater has
definitely violated constitutional law. Based on the Attorney
General's opinion, this program of assessment in the city of
Edgewater has taken a turn for the worse.
Mr. Vasquez stated when the assessment program was initiated, the
citizens were told they could pay their assessments up front. He
stated that is not permissible under state law. He stated a
special assessment in the state of Florida must not be levied
until the project is completed.
Mr. Vasquez asked City Attorney storey whereby the citizens of
Florida Shores are being specially benefitted by this road paving
program.
Mayor Hayman elaborated on Mr. Vasquez's concerns.
Mayor Hayman asked Mr. Vasquez to conclude his remarks.
Mr. Vasquez stated the City is doing this illegally and they have
no right to assess these people.
Mr. Vasquez stated the Mayor should give the citizens some time
to talk and maybe he would learn something. Councilwoman Martin
stated if everyone wishes to speak, they have to limit the time.
Doris Hill, 112 Lincoln Road, explained if you dry up growth, you
lose your tax base.
Ms. Hill stated these roads are City roads and have been for
years. She spoke about the roads being maintained at a cost to
everyone. She spoke about the tax dollars that will be saved
when the roads no longer need to be maintained.
Ms. Hill spoke about what would happen if the City at this point
turns back and doesn't pave the roads.
Ms. Hill spoke about some of the citizens that say no more
growth, use the unbuilt lots for water retention, and no more
taxes.
Ms. Hill stated this City can only survive by going forward. Ms.
Hill stated the choice tonight is not to pave or not to pave but
rather to live or die as a city.
David Malmor, Travelers Palm Drive, spoke about the mess left by
the contractor when the sewer project went through. He stated it
is up to the City to make improvements and do the roads
completely over.
Mayor Hayman asked Mr. Malmor if he was referring to the roads in
Florida Shores that are presently paved. Mr. Malmor stated yes
it was paid for years ago. Mayor Hayman stated those roads are
not in this improvement program.
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Council Regular Meeting
February 6, 1995
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Mr. Malmor asked if these roads are going to be repaired and
resurfaced. Mayor HaYman again stated those roads are not in
this improvement program.
Mr. Malmor assumed the citizens would have to pay again. Mayor
HaYman refused to debate the issue with him. Mr. Malmor stated a
change needs to be made in the government system.
Mayor HaYman asked Mr. Malmor if he is aware of what the CIP is
or the legalities of the comprehensive plan that this City must
develop or if he understands the linkage between the
comprehensive plan and the CIP program that supports that and the
funding element that must support it.
Russell Steele, 3037 Woodland Drive, directed his comments toward
the paYment of the new proposed paving project. He stated if the
City would elect to pave his street he would appreciate it
because he would like to have a paved street. He feels it would
increase the value of his property. He feels anyone who lives in
Edgewater made that decision themselves.
Mr. Steele stated if the City is going to pave in front of his
house, he believes it should be his obligation to the City to
repay the debt. He feels the principle thing the Council should
do from now on is to charge people for what they are getting, let
them pay for it and leave everyone else out of it and not tax
anyone for anything that they aren't getting a benefit from.
He feels fairness is the first consideration for all
transactions.
Eva clay, 3215 Royal Palm Drive, stated she wants the roads
paved. She asked if there is going to be help for those who
can't afford to pay for the paving.
Mayor HaYman stated when the City did the ClP there was a program
available to help the citizens and asked if there is a similar
program looked into for those who need help.
City Manager McMahon stated he is sorry and he is regretful but
there is not. He stated the only money that was ever provided
for assisting people are the federal program monies that come
through the County which is called the community Development
Block Grant. He stated Council made a decision instead of using
that for paving and other things that there were people who
needed help with the sewer and water programs. He stated there
is no more remaining on that cycle for that purpose.
Ms. Clay expressed an interest for people who
homes because they can't pay for their taxes.
they would be able to come to Council and get
to go so they don't lose their homes.
may lose their
She questioned if
direction of where
Mayor HaYman commented on the program through the County that was
available to give assistance for the people who could not afford
the sewer program.
Mayor Hayman stated the mechanism is there if the funding
resource is there. He stated it makes it very difficult to make
a decision due to there not being funds available to help the
citizens who can't afford it.
city Manager McMahon stated we hire temporary help when we have
positions we don't want to make full time positions. It reduces
the cost to the taxpayers by doing that. He spoke about
organizations the city works with to give first priority to
citizens within the City.
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Council Regular Meeting
February 6, 1995
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city Manager McMahon stated the City is not legally empowered to
provide a direct welfare means to our home rule charter or
through the state itself.
Russell Armstrong, 2009 Umbrella Tree Drive, commented on placing
stop signs at all intersections north and south which would
encourage people to use the main streets. He stated we could get
by a lot longer with the dirt roads if we kept the traffic on the
main streets.
Mrs. Small, 1829 Victory Palm Drive, spoke about the remarks that
were made regarding those on the unpaved streets who are going to
benefit paying for the paving.
Mrs. Small stated the roads of this City are the responsibility
of everybody.
Sabrina Pogg, Yule Tree Drive, stated she is not for the paving
of the roads. She spoke about people going down the roads at 60
mph. She stated if they are doing that fast now on an unpaved
street, how fast are they going to go when the roads are paved.
Ms. pogg asked if fences are going to be placed around the
retention ponds. Mayor Hayman stated there are no plans for
fencing around any of the retention ponds.
Ms. pogg asked what it is going to take before fences are placed
around these retention ponds. She spoke about the possibility of
a child drowning or getting seriously hurt if fences are not
placed around the retention ponds.
Michael Visconti, Meadow Lake area, feels the roads should be
paved. He spoke about it costing $11.00 a month to have paved
roads. He feels the city has to go ahead and beautify and he
feels they will be happy with the paved roads and it will make
Edgewater a beautiful community.
Cliff Clark, 1818 Evergreen Drive, spoke about the depression.
He spoke about people promoting this project that are not
actually directly affected by it. He spoke about the foundation
of the roads. He spoke about the cost of the paving program. He
commented on the east-west roads being taken out of the road
paving program.
George VanNess, Navigators Way, spoke about Edgewater Landing
being an upscale community. He spoke about the rippling effect
of some of the unpaved roads in Florida Shores. He hopes Council
will decide to pave the roads but don't double tax Edgewater
Landing for it.
Dick Sizemore, 223 Rankin Drive, feels the Council may be on the
verge of making a mistake by building the roadway system in the
manner that is proposed. He firmly believes that not only will
Council raise taxes but within less than 1/3 of the time that
this bond will run or the lifetime of the fifteen years that it
is going to take to repay this paving. He feels Council doesn't
realize how much they are going to pay in abatements for a road
system that is inferior to most city standards. He doesn't feel
the road system the city has designed right now will last more
than five years before it needs significant repairs.
He feels Council needs to give this some real thought.
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Kathy Mosseller, 3329 Queen Palm Drive, stated she lives on an
unpaved road and her millage rate is the same as if she lived on
a paved street. She asked what has happened to that money.
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February 6, 1995
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Mayor Hayman stated the tax assessment district was created, we
had to meet the time line to publicize the tax assessment
district, the citizens received the tax notice that reflects the
increase in the tax assessments to pay for the road.
Ms. Mosseller stated she has always paid the same millage rate as
someone who lives on a paved road.
Finance Director Fred Munoz stated the general fund revenues
which the ad valorems bring in have been spent for general fund
operations.
Ms. Mosseller stated on her 1994 tax bill she has been charged
$600 for the sewer and the street that she doesn't have.
Mr. Munoz elaborated on Ms. Mosseller's tax bill.
James Sowers, 2831 Travelers Palm Drive, suggested Council
consider taking a second look at this project and scaling back to
the north south streets and consider what it is going to take to
make the existing drainage systems work that were put in and are
not maintained.
Bernie Wagman, 2330 Kumquat Drive, stated he is for the paving
but he has to see what is going to be put down as far as road
bases and drainage and retention ponds. He feels federal
programs need to be looked at. He feels we need to look at
insurance agencies around here. We are closing off a lot of side
streets and we need to look at the response time for emergency
personnel.
Mr. Wagman spoke about the proposed parks and who is going to
obtain liability on all of the park equipment when a child gets
hurt.
Mr. Wagman stated he is for the paving but he feels more research
needs to be done and the swales be done away with and major
piping put in the roads to take care of the water. He would also
like all of the utilities done before the roads are paved.
Dr. Charles Gebelein, 1730 Umbrella Tree Drive, addressed the
stormwater program. He recommended Council separate the paving
from the stormwater program and vote on them separately and turn
down the present plan for these because there are alternatives
that have always existed and have never been discussed in an open
floor before Council. He suggested the City purchase some of the
vacant lots and put in either full retention ponds or the kind
the city is talking about now.
Dr. Gebelein commented on rainwater collection. He asked Council
to consider making some permanent ponds, ponds that are not
permeable at the bottom and collecting the rain water and piping
it over to the water plant.
Mayor Hayman asked Dr. Gebelein to summarize. Dr. Gebelein
stated closing down these streets will destroy the city.
Gail Wells, 2503 Woodland Drive, feels Council acts like they
don't care and their minds being made up is horrible. She feels
the citizens should have a vote in this.
Ferd Heeb, 115 N. Riverside Drive, feels a simple solution to
this problem would be to finance the shortfall fo~ the paving and
stormwater drainage by pledging general obligation bonds thereby
giving the citizens of the City the right to vote on whether they
would be willing to obligate themselves to approximately 1 1/2
mills for the next fifteen years.
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Council Regular Meeting
February 6, 1995
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Robert Pogg, 2925 Yule Tree Drive, stated he is not in favor of
the roads because there are too many questions and too many
unsolved aspects of the whole thing.
Mr. pogg thanked the Fire Department and city employees who came
to his house and gave him an excellent Christmas. He stated he
doesn't have the money and they came through.
Mr. pogg stated there is no funding through the County for the
roads at all. He stated in May his house is being taken away by
the County because he can not afford the taxes and assessments.
Mr. pogg stated if this goes through, what's next? The golf
course? He stated three of the Councilmen have already made up
their minds. He commented on the budget of the Police
Department. He feels maybe this needs to be looked at.
Mr. pogg asked Council who they really represent. He asked if
they have heard the citizens through all of these months. He
asked Council to think of the citizens who love Edgewater and
want to stay here but unfortunately can't keep up with what the
Council is doing.
Edward Keenan, 1905 pine Tree Drive, stated the problem of paying
for the roads is a sad commentary for a lot of people. He hopes
some type of fund could get going to help the people who can't
afford it.
Mr. Keenan commented on the Florida East Coast Railroad. He
feels there is no reason they can't take a fair share of Guava
Drive and Hibiscus Drive. He stated Congressman Mica is pretty
good with getting money. He feels good emphasis should be put on
this because Congress does listen.
Mr. Keenan asked the lifetime of this road. Mayor Hayman
elaborated it is fifteen years.
Mr. Keenan stated he hopes the suit with S & E comes out where he
only gets the money he has coming to him but if it is going to be
more, will this come out of the road project too.
Mr. Keenan commented on the drainage of the roads. He spoke
about purchasing lots to use for retention ponds.
Mr. Keenan stated he hopes there is another way of financing
found.
Louis Mehl, 2231 Queen Palm Drive, stated he has submitted two
submissions to Council with his suggestions and comments. He
feels we should creep before we crawl. He feels the city is
moving too fast. on trying to accomplish too much within a very
limited amount of time and a limited amount of money and
resources. He doesn't see why the current drainage system that
we have can not be repaired or updated to a point where it will
accommodate rain water.
Mr. Mehl asked Council to take another look at another way of
accomplishing the rain water problems.
Bob Cornelius, 322 N. Riverside Drive, stated he bought his house
fifteen years ago and he watched different projects come up. He
spoke about not being able to use the water at Menard Park
because of paying for lifeguards. He spoke about ~ subdivision
being allowed to be built without streets. He feels to tax him
for poor development is unfair.
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council Regular Meeting
February 6, 1995
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Robert Whetzel, 1842 Evergreen Drive, commented on the water
problem on SR 442. He stated before we worry about the roads,
the water problem needs to be solved. He suggested the city take
over the whole thing and let the people pay for it and put a fee
on their house when it is sold. He feels the Council should
consider the emploYment wages of the people of the city that they
can put it to a point where they can afford to pay for these
things.
Chuck Hamlin, 2919 Lime Tree Drive, suggested the City use its
own equipment and workers to do the paving and then there is only
the cost of the material. Mayor HaYman informed him the City
does not have the equipment to do the paving.
Mr. Hamlin suggested buying or leasing the equipment to do the
paving.
Paul Jenkins, Florida Shores, spoke about 22nd Street not being
paved. He feels it would be foolish to not pave that with the
rest of the streets. He spoke about making 22nd Street as well
as 26th Street a straight through street, putting stop signs
which would break up the north south streets and slow down the
speeding. .
Mr. Jenkins suggested finding a way to take the money out of the
reduced assessment of $88 to $71 or have one year at a higher
price and cover the $300,000 with no interest out of one years
assessment.
Mr. Jenkins suggested on the tax issue, to stipulate the tax
increase will only be for the life of the bond.
Cliff Clark, 1818 Evergreen Drive, asked if by reducing the
street from 22 to 21 feet if there will be a gap between the road
and his driveway. Mayor HaYman stated the plan is that it will
meet the driveways.
Mildred Nichols, 2114 Orange Tree Drive, stated she believes we
should bite the bullet because every year that we wait it is
going to cost more money.
Ms. Nichols stated she was upset when she saw in the paper the
difference in what the Council is willing to settle on concerning
the base and surface of the road. She stated if you are going to
do something, do it once and do it right the first time.
Ms. Nichols spoke about the money in the general fund several
months ago was $400,000 and they were hoping to raise it next
year. She said this money is for a rainy day and it is raining
now. She suggested getting some of the money from that.
Ms. Nichols commented on the maintenance of the retention ponds.
She feels Edgewater will be prettier and nicer and with the roads
fixed new companies can move into Edgewater.
Ms. Nichols stated it appears that more people attending the
meeting are from outside Florida Shores rather than from Florida
Shores.
George Ewing, Royal Palm Drive, stated he would like to see paved
roads but he is concerned about the cost to all of the taxpayers.
He commented on figures he came up with regardin~ the cost per
lineal foot. He feels the citizens need to check'some of the
figures being presented.
Mr. Ewing commented on the increase in stormwater fees and the
need to check these figures.
Mayor HaYman presented a summary of the matters discussed.
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Council Regular Meeting
February 6, 1995
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Mayor Hayman mentioned letters received pertaining to the road
paving issue: Louis Mehl & James Sowers - February 4th, Bill &
Gail Wells - January 30th, Eldred Beckman, Alice Beckman, Daniel
stoup, Eileen stoup and Robert Bonney - February 3rd, and Arthur
and Beverly Newell - February 2nd. Mayor Hayman read the letter
received from Arthur and Beverly Newell.
~ city Council's review. discussion. and final decision
on commitment of the proiect
Councilwoman Martin feels we need to go ahead with the road
paving program. She commented on the health issues related to
the need for getting the streets paved.
Councilman Mitchum stated this is not an easy decision. He
stated if he supports this he is supporting an increase for
himself too. He stated if we don't do this now, it will never
get done. He stated he realizes there are going to be some
hardships. He feels that as a community they all need to pull
together.
Councilman Mitchum spoke about the City being mandated by
government higher than us for the CIP sewer program. He stated
we are not mandated by the roads at this point but there are
indications there will be for health purposes.
Councilman Mitchum commented on federal revenue sharing money
which is money that came back to the cities and counties in the
United states from the Federal government and the federal revenue
sharing money was from all types of income for the federal
government but mostly from tax dollars in one form or another.
He stated that money has ceased to be anympre.
Councilman Mitchum stated this budget is as tight as it can get.
If there is more, we will find it.
Councilman Mitchum spoke about President Clinton overriding
Congress and giving $20 billion to Mexico.
Councilman Mitchum feels we need to get in touch with our federal
officials and our congressmen and tell them we have had enough.
Councilman Mitchum commented about taxpayers money is not where
it is supposed to be.
Councilman Mitchum explained why his mind was made up before the
night. He stated if something had come along and those
circumstances changed and he had to reconsider his vote then he
would have to do that.
Councilman Hays thanked Barry Gear for his accurate
representation of a conversation he had with him. He spoke about
citizens commenting they aren't being listened to and questioning
who the Council represents. He stated he is sensitive to that.
He commented on the majority of the citizens wanting the roads
paved.
Councilman Hays commented on being sensitive to the hardships
this brings on people which makes it difficult for him to make a
decision.
Councilman Hays spoke on the quality of life and the future of
,
the City.
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Council Regular Meeting
February 6, 1995
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....,
Councilman Hays spoke about the maintenance of the present
ditches as a solution to the stormwater management. He stated
the ditches in Florida Shores were built to drain many of the
areas where the homes are built. They were never built as a
stormwater management tool. The retention areas are temporary
containment areas for stormwater, they are not intended for
permanent retention of water.
Councilman Hays spoke about the concept of separating the paving
from the stormwater. He explained it is impossible to do so by
federal mandate.
Councilman Hays commented about finishing pavement on 22nd. He
feels that should be an option placed in the bid. He agreed to
so move if necessary.
Councilman Hays stated he feels this project will be the end of a
program that we wanted to see and he believes it will attract
industry.
Councilman Hays commented on insurance.
Councilman Hatfield commented on the gas lines that were
mentioned. He asked if these are placed along the sides of the
roads.
City Manager McMahon stated we have been given no advisory or
indication which they have to do by public utilities commission
order that they are even contemplating doing that. If and when
they were to put pipe lines in they are required by law to
restore the pavement completely to the condition it was in prior
to the time that occurred.
Councilman Hatfield commented on the 362 retention ponds. He
stated Councilman Hays reiterated the estimate of the cost to
purchase property. He stated Councilman Mitchum talked about the
requirement. Councilman Hatfield asked if under st. Johns Water
Management, if we didn't pave the roads is there going to come a
time projected that we will eventually have to do these swales
whether we pave the roads or not.
city Manager McMahon gave his opinion. As time has gone on,
observation is shown through experience that environmental
protection agency rules and regulations have increasingly
tightened up. He stated the likelihood of that happening in the
near future, I do not think will occur. He stated the city has
put in sewers in Florida Shores and minimized some of the health
problems because of that. He stated he believes as development
builds out within the City, you will have more and more
regulatory rules and regulations to meet in terms of the
stormwater.
Councilman Hatfield asked if the water runoff going to the Indian
River is going to have to come to a conclusion at some date.
City Manager McMahon stated it will never conclude. What has
been established, by fact, is the amount of water as an outflow
from our wastewater plant, #1 had to be treated and #2 had to be
reduced to the standards of the state and local government. He
stated similarly the canal water will have to be contained. He
stated Council is going to have to look at some way to detain
water.
Councilman Hatfield asked Councilman Mitchum if he remembered
what the estimated costs were for paving back in 1988 or 1989.
Councilman Mitchum stated he believed it was $7 million.
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Council Regular Meeting
February 6, 1995
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Councilman Hatfield stated the reason there was no prejudgment on
his part was because he didn't get home to get the telephone call
from Mr. Gear at the time he needed it so his opinion wasn't
stated. He explained the mixed emotions he has about the
financial feasibility of this program for those who can't afford
it.
Councilman Hatfield stated there comes a time when you have to
say we have to do it. He stated he knew his road was dirt when
he bought his house but if he had the opportunity to get his road
paved now he would do it just to get it over with.
Councilman Hatfield feels it is time to bite the bullet and go
ahead and get it over with.
Mayor HaYman commented on growth management.
Councilman Hays commented on putting this matter out for a vote.
He explained if we had to go back out and repermit this project
what the cost in the delay would be just in permit fees not
counting everything else.
Councilman Hays made a motion to go out for bid with the option
of 22nd street on the bid.
City Manager McMahon stated Council would also need to decide if
they wanted option 1 or Option 2.
Mayor HaYman stated he hoped they could begin with the review of
option 1 and option 2. Councilman Hays withdrew his motion.
Mayor HaYman asked Mr. Munoz to get his transparencies and put
them on the viewgraph.
There was a five-minute recess at this time.
Mayor HaYman stated if Council chooses option 1, there will be an
ordinance change as well.
Mr. Munoz reviewed Option 1 and Option 2 and then presented his
comparisons.
city Manager McMahon stated if Council elects to move forward
with this project then it should direct or authorize that the
bidding be allowed for the roads and that appropriate funding for
the bond issue be approved.
Councilman Hays commented on not having a real strong feeling on
one option or the other.
Mayor HaYman commented on average home values.
Councilwoman Martin questioned which option would be better or
worse for the business district. Mr. Munoz elaborated.
Councilwoman Martin stated the millage rate would go to 24 points
instead of 20. City Manager McMahon stated that is the tax rate.
There was a discussion regarding the pros and cons of going with
Option 1 and Option 2.
There was a brief discussion regarding the general fund sources.
,
city Manager McMahon stated they are not obligating taxes but
recognizing now that you are going to have to fill the gap of
pledged revenues. Pledged revenues is what we are bonding out,
not the taxes.
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Council Regular Meeting
February 6, 1995
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~
Councilwoman Martin asked how the $.76 compares to the increased
ad valorem rate on the stormwater. Mr. Munoz elaborated on this.
Councilman Hays made a motion to go out for bid to include the
22nd street project as an option on the bid including option 2,
second by Councilman Mitchum. The motion CARRIED 4-1.
Councilwoman Martin voted NO.
B. Douqherty Marine's request to place temporary modular office
at 201 N. Flaqler Ave.
Mr. Karet presented staff's position on this request.
Mr. Karet answered questions presented by Council.
Councilman Mitchum made a motion to approve, second by Councilman
Hays. The motion CARRIED 5-0.
C. Request for tatoo parlor and leather sales at Wayne's World
of Cycles & Accessories. 1501 S. Ridgewood Ave.. durinq Bike Week
March 3 - 12
Mayor Hayman presented the background of this request.
Kevin Pate, 3003 Tamarind Drive and Andy Johnson, 1848 Sabal Palm
Drive were present.
Councilman Mitchum made a motion to approve, second by Councilman
Hays.
Councilman Hays stated the tatoo parlor must be conducted in
compliance with state health regulations and that we are certain
any hazardous material is properly disposed of. Mr. Johnson
stated preparations have already been made to exceed the
requirements and implement biohazard disposal from a company out
of Orlando.
Councilwoman Martin asked if there would be enough parking. Mr.
Pate informed her there is.
City Clerk Wadsworth stated she spoke to Mr. Pate and he will
provide her with a letter from the physician that will be on call
and he has agreed to pay for the occupational license.
The motion CARRIED 5-0.
GENERAL CITIZEN COMMENTS/CORRESPONDENCE
There were no citizen comments at this time.
CITY COUNCIL
There were no comments from Council.
Mayor Hayman commented on the Friends of Canaveral.
Councilwoman Martin made a motion to send a letter supporting the
Friends of Canaveral, second by Councilman Mitchum. The motion
CARRIED 5-0.
ANY OTHER COMMENTS
There were no other comments.
OFFICER REPORTS
There were no officer reports.
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Council Regular Meeting
February 6, 1995
...,
ADJOURNMENT
.....,
There being no further business to discuss, councilman Hays made
a motion to adjourn, second by Councilman Mitchum. The meeting
adjourned at 11:30 p.m. .
Minutes submitted by:
Lisa Kruckmeyer
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Council Regular Meeting
February 6, 1995