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08-23-1989 - Workshop/Hearing ;" 4t ~ ....... , ' CITY COUNCIL OF EDGEWATER WORKSHOP/HEARING AUGUST 23, 1989 MINUTES Mayor Mitchum called the meeting to order at 7:00 p.m. in the Community Center. He stated the purpose was to receive citizen input regarding the capital improvement program. ROLL CALL Mayor David Mitchum Councilman Danny Hatfield Councilwoman Gigi Bennington Councilman Russell Gold Councilman Thomas Fish City Attorney Jose' Alvarez City Manager Elly Johnson Acting City Clerk Susan Wadsworth Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present Also present were Mr. Gerry Hartman and Mr. Ron Ferland of Dyer, Riddle, Mills & Precourt, Inc., and Mr. Fred Pauzar and Mr. Burt Saunders of A. G. Edwards & Sons. Mr. Johnson announced that each speaker will be limited to three minutes. He introduced Mr. Ron Ferland of Dyer, Riddle, Mills & Precourt, Inc. He asked that each speaker give their name and address at the podium. Mr. Ferland stated the capital improvement program has six major objectives they want to accomplish, provide additional sewers in the Florida Shores development, provide high quality water for domestic use and fire protection, provide wastewater treatment and stormwater discharge quality, providing drainage facilities, provide groundwater resource management by using wastewater effluent for land irrigation instead of potable water. He stated a water treatment plant will be constructed at 442 and 95 with anticipated starting March, 1990, and completion March, 1991: we llfie ld expansion located on the same site with construct ion starting March, 1990, and completion October, 1990: water from 95 to the City, water transmission main to convey the water from the treatment plant to the service area with a time frame starting January, 1990, and completion June, 1990: wastewater treatment plant expansion starting' April, 1990, with completion April, 1991; stormwater master plan with defined drainage facilities starting July, 1989, with completion in 1990. He added that major improvements to the drainage facil ities will be completed as soon as possible but they have not yet defined the projects. He estimated March, 1990, and March, 1991. He stated the last project is the Florida Shores infrastructure which is wastewater and waster improvement system with 611 lines, drainage improvements, paving unpaved roads, providing better drainage facilities, and instituting are-use system. Mr. Ferland pointed out the wastewater collection system in the Florida Shores development is the major issue and they1re proposing to use low pressure sewer technology. He stated LPSS was selected for Florida Shores because: 1) the ground water table is extremely high, about 2 to 3 feet below the surface, and construction of gravity sewers requires a drainage starting at 4 feet deep, going as deep as 16 feet, and it has to be dewatered and dug to that depth in the middle of the road, plus install manholes. He pointed out the LPSS will be PVC small diameter lines you can install in the shoulder of the road outside of the pavement at a depth of 2 to 3 feet and it can be laid with a ditch witch. Mr. Ferland stated the cost for LPSS for a central collection system in Florida Shores is approximately $4.6 million to provide a total sewer collection system, and cost for the gravity system is an estimated $16.7 million. He said the $4.6 million was selected to make it affordable to residents in Florida Shores. He added that LPSS have been used throughout the United States and are being used throughout Florida because of high ground water conditions, they're more cost effective than gravity systems, easier to install, and less disruption of the neighborhood. He said ........ ...., wastewater will cost $900 to retrofit the existing septic tank with installation of the pump and running the line through the yard and hooking it to the base in the street. He added they would have their fair share of the collection system for the pipes, lift stations, and transmission, and with two 40 foot lots it would be $500. He pointed out if you have a home on the lot or not, it will still be $500 because it's a shared cost for everyone. Mr. Ferland stated the wastewater impact fee is required for all new connections to the wastewater system and it will be raised to $1,200 from the current $1,000. He added that's what any new connection would pay. Mr. Ferland stated the central wastewater collection facility total price is $2,650 per residence, and by paying it over 20 years amortized at 7%, which is an average bond rate if you were to issue bonds, would be about $250 a year. Mr. Ferland stated the paving and drainage improvements on an unpaved road will be $45 a linear foot with cost shared 1/2 on each side of the road, or $22.50 per linear foot. He explained an 80 foot wide lot in Florida Shores would cost 80 times the $22.50, or $1,800, to pave the road in front of the house. He stated it would be spread over a 10 year period at 7% interest, which would equate to $256 a year. Mr. Johnson opened the floor for public comments. Mrs. Gillespie, 1719 Willow Oak, asked for clarification of the figures quoted compared to the figures they read in print. She stated she wants a sewer system and will gladly pay for the more expensive gravity system the same as the balance of the City has and they've never had a problem with gravity. Ben VasQuez, 1907 South Atlantic, New Smyrna Beach, stated he has an interest in Florida Shores. He presented the Mayor and Council a proxy designating him to speak for James and Lilian Richardson, 2229 Mango Tree, stating held been hospitalized. He requested 9 minutes of time based on the proxy and his time. He stated this is not a workshop meeting and all the residents that filed their objections filed them according to law. He asked that a letter sent to Mayor Mitchum be a part of the minutes of this hearing so anyone can have a verbatim copy from City Hall. He proceeded to read the three page document which is attached to these minutes. Mr. Johnson called time at the end of three minutes. Mr. Smith. 2629 Victory Palm, relinquished his time to Mr. Vasquez, who concluded reading the document. Rav Vath, 1901 Date Palm, stated his house is about 30 years old with the gravity system and he's never had problems. He said the proposed system hasn't been proven and he feels they'll be discriminated against if they do not get the gravity system. Mayor Mitchum suggested specific questions be addressed to the engineers and financial advisors. Mr. Hartman stated gravity systems are typically constructed with new development and they do work but so does the low pressure system. He explained when they put the pump in the septic tanks it's like the pump station in the gravity sewer system and the pump creates a velocity around the pump bowls and pulls the sewage up and out and there's not a big accumulation of sludge. He added they have no vested interest in this system and they're engineers. He pointed out the City will maintain the pumps. He exp 1 a i ned they have the 1 atera 1 to the sept i c tank and the waste goes into that tank, and because of the velocity there, it stirs it and grinds it up, and they'll extend the pressure conduit system normally in the gravity system back to the home. A gentleman from 2509 Woodland asked about new construction needing a septic tank in the front yard or if they.ll get a rebate from the sewage system that works now and the gray water system does not. He pointed out people have already paid for septic tanks in their front yards and the 2 Council Workshop/Hearing Minutes August 23, 1989 ..... ..., City will be using them. He asked if new construction will put in a system and be charged another $3,000. Mr. Ferland replied with a new house with a septic tank system they'll retrofit the existing septic system just like one that's 20 years old, will run the service line to the street, and hook it to the main line, and the drain field will be disconnected from the septic and abandoned. He added if you have a gravity system, the $3,000 septic tank will cost another $1,300 to fill it with sand as you abandon. He explained with new construction with the low pressure system, prior to installation of lines they will probably construct the septic tank in the easement on the corner of the lot as they would want any development to be, and in the interim they'll have to build a drain field to occupy the house prior to the system being installed. He added they'll install the pumping unit and whatever's necessary to make the conversion when the collection system is in place, and costs will have been paid already and they'll just disconnect the system from the drain field and hook it to the sewer system. Mr. Hartman explained after the low pressure construction is completed they'll have a much less costly construction situation because all you're putting in is a holding tank and not putting in a septic tank or drain field or mounding of dirt. The gentleman stated his house is flooded because of the higher level of the house, and he suggested they take care of the drainage system as he'd rather 1 ive on a dirt road. Mr. Hartman pointed out they elected a Council and gave them the right to solve problems in a cost effective and logical manner. He added they've had 40 to 50 meetings on this issue and they'll distribute a newsletter with the information within a month. Chief Schumaker cautioned the audience that the room was dangerously overcrowded and asked they be courteous and that it not evolve into a shouting match as the situation could get more violent. He said that each will be given an opportunity to be heard. Jim Keooh, 3632 Queen Palm, asked how the 2" pipe connected to the septic will take care of grease out to the main system. He also asked who would replace the sod and who will pump it out when the septic fills up. Mr. Hartman replied with the gravity system it is 4" pipe from the house to the street and this is a pressurized conduit and it's ground up. An unidentified lady asked about the pump failures. Mr. Hartman explained the Utilities Department is open 24 hours a day and 7 days a week and the tank has a holding volume of approximately 1 to 2 days, but if it fails, an alarm on the pump will sound and they'll have parts on hand and will pull it and put in another pump. An unidentified gentleman asked about the seal on the septic tank. Mr. Hartman replied they'll have an access on it. Mr. Hartman pointed out that Palm Coast has a very large low pressure system which has worked very well and has a long track record. The gentleman asked how long it had been in place and Mr. Hartman replied about 8 years. A lady from 3307 Victory Palm Drive stated her brother has a system with the alarm and the electricity was off and they couldn't flush a toilet for three hours. Mr. Ferland explained that with existing homes with the drain field the line between the septic tank and drain field will have a valve installed, and if you have extended power outage you could open up that valve. The lady asked for a written guarantee that repairs will be made, and she asked if there will be a referendum. Mr. Hartman explained the tank has a two-day holding capacity and those with drain fields will have a back up system. The lady stated her septic is 25 years old and asked the average rate to have it pumped out. Mr. Hartman explained these systems with the pumps sitting in the tanks are just like the existing pumping station, it stirs up the solids and then pumps the solids and water up through it. He said they're looking at the situation of bypassing it if they don't want to attach to it and are happy with their system. He added the people will pay for what they get and if they put the gravity system in, they'll have to pave and repave streets already paved, but with the low pressure they go along the sides of the road and those people won't be assessed for the paved road cost. He explained the gravity system can't go on the shoulders because they have the laterals that are gravity to both sides of the street and they'll go in the middle 3 Council Workshop/Hearing Minutes August 23, 1989 ..... ...., of the road and will tear up the entire right of way which will save the City three million dollars in road reconstruction costs. A gentleman from Travelers Palm Drive stated he's never had drainage problems but the problem is with the canals which have never been main- tained. He asked how many roads have to be dug up for the gravity system. A gentleman from 2311 Yule Tree Drive stated the system will last for the next five years but he wondered if they'd looked into years ahead. He suggested they put in the gravity system now. Mr. Ferland stated they looked 20 years ahead, which is the average life for facilities, and present worth cost of the gravity system is $19 mi 11 ion and the low pressure system with maintenance, assuming a 30% failure rate and $200 a pump, was $12.2 million, which is $7 million dollar spread. Mr. Ferland suggested they drive down Flagler Avenue to see what the gravity system does to roads, and on New Hampshire. He said gravity in Florida Shores will need 20 pump stations and they'll be 20 foot deep, versus 6 pumping stations. He added that if they go to gravity, instead of paying $500 a lot, it would be about $4,000 a lot. He explained the calculations to arrive at that amount. The gentleman asked if the rest of the city has to pay for it. Mr. Ferland explained the wastewater system is not funded by taxes but by wastewater user fees and they've been paying for it through the user system. He added the funding for the primary system with bonds through Farmers Home Administration was at 3% interest and the funding pledge was wastewater rates and charges, but not taxes. Georaia Clavet, 2025 Royal Palm, asked if the pump in the septic tank will be for 20 years. Mr. Ferland replied 10 years. Ms. Clavet asked if it will be replaced at no cost. Mr. Hartman agreed. Ms. Clavet asked if replacing the pumps and maintenance is in the cost. Mr. Ferland replied in the rate base for operation and maintenance. Ms. Clavet asked if over the years the failures will affect her fees. Mr. Ferland replied user fees won't be applied directly to Florida Shores, but to all wastewater users. Susan Krack, 3126 Vista Palm, asked what the payment of $250 per lot would cover. Mr. Ferland explained you can't build on a single lot and it's $500 for two lots to install pressure lines in the shoulders of the road and the total cost of the system will be spread throughout the 5,400 lots. Jim Inman, 2948 Travelers Palm, stated he lived in New Smyrna Beach on a paved street and was in the expansion program of their sewer system and they ran the sewer line along the side of the road. He briefly reviewed prior conversations with others familiar with this pressure system. He expressed concern with the hills in the front yards, and with flooding if they have a hurricane because of the sloping to the house. He stated he refuses to pay for a tinker toy system like this and they can put a lien on his house. He said the City annexed Edgewater Landing and they'd put up front a $100,000 impact fee for water and sewer and got a gravity sewer line. Mr. Johnson clarified the infrastructure costs for Edgewater Landing were not paid by the City, but by Edgewater Landing. Mr. Nix, 2416 Sabal Palm, asked if they could come up with another way to raise money to make it easier on residents because it will be a hardship on some people in Florida Shores. Mr. Hartman explained their approaches to avoid financial hardships, noting the City can borrow at a lower rate of interest than a private citizen because it's tax-free and they're talking about amortizing at about $42.50 maximum per month. He pointed out road assessments are shorter term, they can go to a 20 year term for util ity assessments, and on the rate and charge debt capacity of the system they can go 30 years. He added there are three different maturity dates together in one financial package and A. G. Edwards will get the information within a month. He introduced Mr. Fred Pauzar, Senior Partner of A. G. Edwards & Sons. Mr. Pauzar stated this cost information is the worst case scenario and the roads can be amortized over a 10 year period because you can't usually borrow funds beyond the usefu 1 1 ife of the project. He sa i d they're looking at 30-year funding for the low pressure system. A gentleman from 4 Council Workshop/Hearing Minutes August 23, 1989 ..... ...." the audience asked how far they could go on the gravity system and Mr. Pauzar replied 30 years also. Mrs. Hobbs, 1325 Travelers Palm, asked costs related to septic tanks in the back yard. Mr. Hartman replied there's little difference in cost of pipe to go around the corner and they'll average it so all pay the same rate. Mrs. Hobbs asked how they'd know if the pump wasn't working. Mr. Hartman replied they'll hear an alarm system. Mrs. Hobbs asked if it will correct problems they have now because when they have a steady rain they have trouble flushing the toilet. Mr. Ferland replied yes, and the alarm is normally on the outside wall of the house but it can be placed with wires anywhere in the home and will be activated if the water level gets too high in the tank. Mrs. Hobbs asked if it's electrically operated. Mr. Ferland replied yes. Mrs. Hobbs questioned if her septic tank may be too old to have it done. Mr. Ferland replied they'll look at it, and if the septic tank is broken up or not constructed according to standards, they'll install an interceptor tank just like a new installation, but instead of the $900 connection fee it will become a $1,200 connection fee with a new tank. Mr. Hartman noted it would be about a $1.50 monthly increase. Bill Klein, 2910 Needle Palm, stated there was a letter from Volusia County but it didn't mandate this happen, it said there were problems in Florida Shores and asked the former Council to look into the possibility of this. He added that doesn't mean that later it won't be mandated. He said he asked the last Council to bring it to the people and was promised it would be done. He reviewed comments he'd heard regarding the status of the program. He asked where the cost of the re-use water is figured in the system. He said the holding tank will cost almost as much as a septic tank and people are on fixed income. He pointed out the impact fee will go to $1,250. He asked why they don't raise the present system which they're now charging $1,000. He questioned why they're being asked to pay one-half on the roads because previously it was one-third each with the City paying one-third. He stated the paving on Orange Tree had an assessment of $5.889 per foot, they're going to charge $22.50 a foot now, and he thinks it's discriminatory. Mr. Hartman explained the cost is an up front cost for this program and they're looking to take the impact fee as a capacity sale and amortize it also. He noted that people coming into the system will have to pay the up front fee without having it amortized at a lower monthly rate over a period of time. He added that it will improve the value of their property. Mr. Ferland explained the $45 a lineal foot was taken from a project in Orange County and it's based on actual cost. He added that one-half or one-third assessment is a policy decision to be made by Council. He explained the re-use water system would be funded from wastewater user fees that everyone hooked up to the wastewater system would pay and there would be re-use water rates of a flat fee, which is proposed at $6.00 a month, and it's non-metered. He pointed out you don't have to hook onto it but if they use City water, they have to pay a wastewater charge also. Rav Davis, 2632 Woodland, stated he has no problem paying a user fee but has a problem with an impact fee and doesn't think it's equal and fair treatment under the law. He reviewed prior water quantity problems. He stated the City destroyed a water purifier system in his home when they put ammonia in the water. He asked if the water is safe as it's yellow and doesn't look or taste good. He asked if people in other areas with paved streets had to pay impact fees for the paving. He said roads in Florida Shores are substandard and repairs had to be made within 30 days of the last paving. He asked what the gas taxes the City receives is used for, and what the City will pay if he and his neighbor pay one half each. He stated his house is in the middle of four building lots and another structure cannot be built. He asked why he'd have to pay an extra $500 impact fee for two building lots that can never be built on. He questioned why he should be penalized for building a house on a larger lot. Mr. Hartman explained they're pledging revenues for gas tax and sharing revenues to the road program and will charge the additional $900 against the total cost. He further explained the impact fee for the treatment plant is one equivalent residential unit and if you have one house on 10 lots you still pay the ERe and are assessed over a period of time the front footage component. He again noted the value of the house 5 Council Workshop/Hearing Minutes August 23, 1989 ....... ".,., will go up. Mr. Davis stated the value of his house is not the issue, it's the value of the system. Mr. Pauzar explained the costs are for the entire program and it could get up to $44 per unit. A lady from 2915 Travelers Palm stated she doesn't want this system hooked up to her home, but wants the right kind. She asked why Council didn't call a meeting and let all the people know and hear how they feel about this. Charlie Brummett, 1412 Needle Palm, asked about sidewalks for safety. He asked if they're putting the wellfield at 95 and also wastewater at the same place. Mr. Hartman replied no. Mr. Brummett asked if they'll have a sewer charge double the water charge. Mr. Johnson replied that hasn't been determined. Mr. Brummett asked if they'll have to pay it again when they finish paying it for 20 to 30 years. Mr. Hartman replied that when they build the facility they provide for renewal and replacement and try to maintain the assets. Mr. Johnson stated the sidewalks aren't a part of this. Mr. Brummett questioned if they should put it in now. A gentleman from 2432 Woodland asked if running the pumps in the septic tanks will be paid by the City, or if the residents pay the electricity. Mr. Hartman explained the pumps run on a float system and will run 15 to 20 minutes a day to pump out a normal sized household and costs for running the pump are approximately three cents a day for electricity. The gent 1 eman requested an art i c 1 e be run in the paper wi th a comp 1 ete breakdown. A gentleman from Umbrella Tree Drive stated lawsuits could wipe the City out and he thinks this has been ramrodded down their throats. He said they need a better system and it should be held off and postponed. He suggested if people knew the proper use of the septic they could add 5 to 10 years service without problems. Mr. Hammond, 1859 Needle Palm, stated where he came from everyone paid and he's being isolated and will pay to improve this City and more people will move in and it will create more taxes and revenue. He asked why everyone in Edgewater doesn't have to pay a little bit. He asked if there's a lien if someone moves and hasn't paid. Mr. Hartman replied the City-wide water improvements with 5 MGD and the expansion will be paid by everyone. He explained the provision of Chapter 170 when it is for special benefit and stated that the cost goes with the land and there are legal consequences and the assessment will be transferred with the land to the next owner. John Finch, 2230 Umbrella Tree, stated he feels he's being singled out with his four lots, he's against anything costing $1,000 a year, and having it ramrodded down his throat. He said the ditches don't drain in Florida Shores. He said he'd have to pay $95 a month because of the four lots and he doesn't think that's right for something he doesn't want. He asked if it was a unanimous vote. Councilman Hatfield replied yes. Mr. Hartman explained two lots will be $42.50, three lots will be about $44, and four lots will be about $46. He said the capital cost for the line is an extra $22.50. Ken Dore, 2204 Willow Oak, stated he was assessed for 22nd and Willow Oak and Willow Oak wasn't his frontage. He asked if he'll be charged for his side lot also. Mr. Ferland replied they don't have the policy set for front or side footage. Mr. Hartman explained there are components and you're paying one house cost for the lines but paving is different as you look at total area and you pay for extra paving because of being on the corner. Frank Garritv, 1860 Needle Palm Drive, asked if the low pressure system meets all State, Federal, and environmental standards and if any Federal money is available. Mr. Hartman replied yes, and they're on the schedule for a low interest loan program funded by the Federal government through the State DER with the City ranked number 2 on the list for small comm- unities. He added they're eligible for $4.8 million dollars for the next fiscal year and are hoping they'll continue the following year and over the three year period. He added there is no free money, and no grants 6 Council Workshop/Hearing Minutes August 23, 1989 '-" -..- given, and this will require repayment. Mr. Garrity asked why they don't charge the user fee everywhere they have a meter. Mr. Ferland explained that every water customer is metered and user fee for sewer is based on water used. He pointed out the average yearly user fee was based on approximately 6,000 a month and if you use less, you pay less. Mr. Garrity asked the number served at Palm Coast. Mr. Ferland replied in 1987 they had 450 units hooked on and about 125 each year since, and it's been in place since 1981. He said Breakaway Trails in Ormond Beach uses the low pressure system also and it has over 100 hook ups, Port Charlotte has 600 to 700, and Port St. Lucie has over 1,000. Bill Dav, 3232 Queen Palm Drive, stated he'll have to pay $4,000 for road improvements as he's on the corner of Queen Palm and 33rd. He asked who mandated they have a sewer system, Volusia County with authority of the State, or did they want to have glory for themselves. Mr. Johnson replied part of it comes from the State, and the County does control what goes on in the City, and the County just passed an ordinance requiring something be done with the sewage before they can discharge it in the Indian River. He added the water is safe and it's checked on a regular basis. Mr. Day stated that water has nothing to do with septic systems. Mr. Johnson pointed out it has to do with the regulations of the County and State. Mr. Day asked if the County Health Department dictated the City has to abandon the septic systems and do this. Mayor Mitchum explained the Wetlands Ordinance from the County is an example that the County can tell the City what to do and it dictates some things they have to do to be able to discharge effluent into the River. Mr. Day asked if there's a time frame. Mayor Mitchum replied he thinks so. Mr. Day stated he moved from Daytona Beach to Edgewater and chose Florida Shores because he wanted to live on an unpaved street with little traffic and the road system has nothing to do with the septic system. He asked if it will be in excess of $4,000 for road paving in addition to other costs. There was dis- cussion regarding the monthly charges. Mr. Day calculated a charge of $100 a month for the next 20 years. Mr. Pauzar stated it's closer to $50 a month than to $100. A lady on Royal Palm Drive asked if she'd still have to clean out her septic tank with the new system. Mr. Ferland replied it will be pumped out at initial installation and subsequent pump outs aren't felt to be necessary. She asked if the system would be coming in regardless. Mayor Mitchum replied that he has no problem with a voter referendum and thinks they need sewer and streets in Florida Shores, and they can handle this at the next meeting. Joe Syler, Lime Tree Drive, asked who pays for the pond across from him. Mr. Hartman replied the City is the owner and will pay the cost. Doris Patterson., 1724 Travelers Palm Drive, asked if there is data or competitive costs of the gravity system. Mr. Hartman stated the gravity is around $16.7 million, low pressure is $4.8 million, and they looked at operating costs for running the facilities for 20 years and had it approved by DER. He added there's a $7 million dollar present worth savings with low pressure over gravity. Ms. Patterson asked if the system would be in use in 5, 10, or 20 years in a community as large as Florida Shores, and how problems compare to the gravity system. Mr. Hartman noted the systems are throughout the U.S. and have been in operation 8 to 10 years. He said operating costs of low pressure are higher than gravity, but not that much more, and that's why present worth cost is less than gravity. Ms. Patterson asked why a gravity system wouldn't work. Mr. Hartman replied the gravity system could work but will cost a lot more money and they don't believe it will perform as well as the low pressure because of the high water table here. He reviewed the inflow/infiltration and how the joints would be under water in Florida Shores. Joseph Portelance, 1617 Orange Tree Drive, stated Florida Shores residents aren't ready to take over this kind of load and it seems too much for a lot of people. 7 Council Workshop/Hearing Minutes August 23, 1989 ~ ....., Lynne Enoelhardt, 1841 Travelers Palm Drive, stated she doesn't understand why people in Florida Shores should be penalized for something the City didn't go after with Magnuson years ago since all other developers have to have all their improvements. Mayor Mitchum pointed out at the time Magnuson came in there were no Statutes in place but now there are and all they can do is try to correct it. Ms. Engelhardt stated she'd never had a problem with a septic tank and it's not fair for all of them to pay. Chuck Hamlin, 3421 Mango Tree Drive, asked when they'd pave in comparison to installing the system. Mr. Ferland replied the system would be put in and then pave to minimize disruptions. Mr. Haml in asked where they'll start the system. Mr. Ferland replied at the north end and the treatment plant is on Ocean. Mr. Hamlin asked when they'd pay for it. Mr. Ferland replied the year after they receive the system in place. Art Lloyd, 3130 Victory Palm, asked the location of the lift stations. Mr. Ferland replied they'll try to locate them on vacant parcels or on rights of way and there's a map in the 201 Facilities Plan which shows the general locations of the lift stations. Mr. Lloyd asked if all dirt roads running north/south and east/west will be paved. Mr. Ferland replied probably not some of the east/west streets because they aren't used much and they'll have to provide east/west drainage when they pave the north/south and can buy lots and build basins or close some of the east/west roads and put shallow basins in. He added some east/west may be paved to provide cross over but they plan to pave all north/south. Mr. Lloyd reviewed possible costs and said if a vote were taken, it would be a unanimous negative. John Nixon, 2919 Willow Oak Drive, asked if he sells his house, will he get $750 off that street that he paid for the County impact fee. Mr. Johnson replied the County funds don't come to the City. Mayor Mitchum explained the County imposed it and the City went to court but lost the case. Mr. Nixon asked why they're paying an impact fee of $1,200 for something they don't like. Mr. Nixon asked about meeting the County's requirement regarding water quality going to the Indian River. Mr. Hartman explained the County has the right to charge us to correct the water quality problem. Ray Davis, 2632 Woodland Drive, urged Council to vote yes for the referendum and that it stipulate it be for affected areas of Florida Shores only so people in other areas of Florida Shores that won't pay for it won't have a choice to say if they should be penalized. Councilman Hatfield stated he represents zone 1 and doesn't have a sewer or a paved road and will have to hook up to the system the same as those in Florida Shores and he wants a vote on it. Mr. Davis said that's his option, but it's his request that people in Florida Shores that are opposing it should place a protest sign in their front yard. Bill Wells, 2503 Woodland, asked who will be left to pay the high costs in Florida Shores. He said nobody will buy lots for building. Mr. Johnson thanked the audience for coming and announced it wi 11 be considered at the next meeting. Meeting was adjourned at 9:47 p.m. Minutes submitted by: Lura Sue Koser 8 Council Workshop/Hearing Minutes August 23, 1989 . " . " ~ ATTEST: ~~ JL~~ -ACTING CIT)VCLERK Ap "oved this I g day of , 19aL... b~;?~/ MAYOR ..., ~.~IL~ ~ \ . )(k5 (. COUNCILM -T " EXUJSED COUNCILWOMAN - ZONE TMO 9 Council Workshop/Hearing Minutes August 23, 1989 ., ...."". Mayor City Council City of Edgewater I hereby give my proxy to and designate Mr. Ben Vazquez, Jr. to represent me on my objections to Resolution 89-R-54 at this hearing held on August 23, 1989. ~~ /... i~z.. . ~'l.z.q ~ ~fYn- X~?~ ::;f,J. .~ 9 /0~ 7/'J--G t;Jn . 'c:l~ :p~~ AN AUGUST 14, 1989 ~'IY MANAGER'S LETTER ADDRESSES TI{'( OBJECTIONERS TO RESOLUTION 89-R-.54, STATING IN HIS LETTER THAT HE HAD RECEIVED - PETITIONS. CHAPTER 180, FLORIDA STATUTES CLEARLY ADDRESSES THE METHOD OF OBJECTING TO THIS RESOLUTION. IT MAKES NO MENTION OF "PETITIONS". THE PEOPLE OF EDGEWATER RESPONDED TO RESOLUTION 89-R-.54 FOR THE SOLE PURPOSE, BASED ON FLORIDA STATUTES TO ENFORCE THE CITY TO HOLD A PUBLIC HEARING. YOU WILL NOTE CHAPTER 180, FLORIDA STATUTES, SECTION 180.03 1I/"HICH STATES:" ( 2) ANY OBJECTIONS TO ANY OF THE PROVISIONS OF SAID RESOLUTION OR ORDINANCE SHALL BE IN WRITING AND FILED WITH THE GOVERNING BODY OF THE MUNICIPALITY, AND HEARING THEREUPON SHALL BE HELD WITHIN 30 DAYS AFTER THE PASSAGE OF THE RESOLUTION BY THE LEGISLATIVE BODY OF SAID MUNICIPALITY." I DO NOT FIND ANY PROVISIONS IN CHAPTER 180 WHICH CALLS FOR A "WORK-SHOP HEARING". THEREFORE, ONE MUST ASSUME THAT CHAPTER 180 IS NOT AMBIGUOUS AND CLEARLY CALLS FOR A PUBLIC HEARING. WE WOULD ASSUME THAT THE CITY MANAGER IS TRYING TO DECEIVE AND PACIFY THE PUBLIC BY CALLING THIS A "WORK-SHOP HEARING". THE CITY HAS ALREADY HELD A TOTAL OF THIRTY SPECIAL AND WORK-SHOP MEETINGS. IT IS ALSO INTERESTING TO NOTE THAT THE CITY MANAGER CALLED A "WORK -SHOP HEARING" TO BE HELD AUGUST 23, 1989 WHEN CHAPTER 180 STATES THAT A PUBLIC HEARING SHALL BE HELD WITHIN THIRTY DAYS AFTER PASSAGE OF THE RESOLUTION. THEREFORE, ONE QUESTIONS WHETHER THIS "WORK-SHOP HEARING" IS LEGAL. ATTACHED TO THE CITY MANAGER'S LETTER IS A RESPONSE TO THE "CITY OF EDGEWATER'S COMMUNlCA TION", FROM THE CITY'S BOND COUNSEL. HOWEVER, AS WE WERE NOT GIVEN A COpy OF THE CITY'S COMMUNICATION WE DO NOT KNOW WHAT THE CITY QUESTIONED FROM ITS BOND COUNSEL. IN THIS ATTACHMENT THE BOND COUNSEL STATES THAT THE CITY ENACTED ORDINANCE 88-0-120N MAY 5, 1988. HE FURTHER STATES THAT THERE WERE NO OBJECTIONS TO THE ORDINANCE WITHIN THIRTY DAYS AND NO HEARING WAS HELD. IF YOU WILL EXAMINE THE TITLE OF ORDINANCE 88-0-12 WHICH STATES: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA, PURSUANT TO CHAPTER 180 FLORIDA STATUTES CREATING A RESERVE AREA FOR THE PROVISIONS OF WATER AND WASTEWATER SERVICE FOR THE CITY OF EDGEWATER TO BE KNOWN AS THE GREATER EDGEWATER WATER AND WASTEWATER SERVICE AREA; PROVIDING A LEGAL DESCRIPTION FOR SAID AREA; PROVIDING THAT SAID SERVICE AREA SHALL NOT EXTEND FOR MORE THAN (5) MILES FROM THE CORPORATE LIMITS FROM THE CITY OF EDGEWATER; PROVIDING FOR WATER AND SEWER AVAILABILITY AND CONNECTIONS AND AVAILABILITY CHARGES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE." YOU WILL NOTE THE ORDINANCE MAKES NO MENTION OF ANYTHING WITHIN THE CITY LIMITS. THE ORDINANCE ONLY PROVIDES THE AUTHORITY TO THE CITY TO CREATE A RESERVE AREA AND TO EXTEND ITS WATER AND SEWER UP TO 5 MILES OUTSIDE THE CITY LIMITS. .. 2 .... ., THEREFORE THE PEOPLE OF THE CITY, PARTICULARLY THE FLORIDA SHORES AREA HAD NO REASON TO PROTEST ANY PART OF ORDINANCE 88-0-12. BUT, IT IS INTERESTING TO NOTE FURTHER EXAMINATION OF DOCUMENTS REVEAL THAT AFTER THE ORDINANCE WAS PASSED A MAP WAS INSERTED, CITING CHAPTER 180 RESERVE AREA. IN THE AREA's PROPOSED BOUNDARIES IT IS ALSO INTERESTING TO NOTE THAT THE RESERVE AREA ENCOMPASSES THE FLORIDA SHORES AREA, WHICH IS WITHIN THE CITY LIMITS OF EDGEWATER. YOU WILL NOTE THAT THE FLORIDA SHORES AREA IS MENTIONED ON THIS MAP AS AN EXISTING SERVICE AREA. ONE QUESTIONS HOW CAN THIS BE AN EXISTING SERVICE AREA WHEN IN FACT IT IS THE CITY, AND THE CITY HAS ALREADY EXTENDED ITS SEWER AND WATER LINES INTO THIS AREA. HOW CAN YOU LEGALLY SEPARATE FLORIDA SHORES OR ANY AREA OF THE CITY, CALL IT A SERVICE AREA OR ZONE AND PLACE THE CITIZEN'S THEREIN INTO SUCH A POSITION OF JEOPARDY AS TO HAVE SPECIAL ASSESSMENTS PLACED ON THEIR PROPERTY? ONLY THAT AREA SOUTH AND WEST OF THE CITY LIMITS ARE LEGALLY IN THE JURISDICTION OF CHAPTER 180 RESERVE AREA. THE BOND COUNSEL'S LETTER STATES THAT NO PUBLIC HEARING IS REQUIRED FOR CHAPTERS 166 AND 215.431 OF THE FLORIDA STATUTES EITHER PRIOR TO OR FOLLOWING THE ADOPTION OF REVENUE BONDS OR BOND ANTICIPATION NOTE .RESOLUTIONS. WE AGREE WITH THE COUNSELS OPINION THAT NO PUBLIC HEARING IS REQUIRED BY THESE LAWS, HOWEVER THE LAW ALSO PROVIDES THAT vJHERE NO PUBLIC HEARING IS REQUIRED A METHOD IS PROVIDED FOR THE PUBLIC TO PROTEST. THE AUTHORITY GIVEN IN CHAPTER 215, SECTION 215.431, FLORIDA STATUTES FOR THE ISSUANCE OF BOND ANTICIPATION NOTES CLEARLY STATES THAT THEY MAY BE ISSUED "AFTER" THE CITY ISSUES ITS REVENUE BONDS AND THEY ARE AUTHORIZED, NOT "PRIOR" TO THE AUTHORIZATION. REVENUE BONDS MUST BE VALIDATED BEFORE THEY ARE ISSUED AND USED AS COLLATERAL TO BORROW MONEY. THE METHOD FOR VALIDATING REVENUE BONDS IS CONTAINED IN CHAPTER 75 OF THE FLORIDA STATUTES. THE PURPOSE OF BOND VALIDATION PROCEEDINGS IS TO DETERMINE WHETHER THE ISSUING BODY HAS THE AUTHORITY TO ACT UNDER THE CONSTITUTION AND LAWS OF THE STATE AND TO ENSURE THAT IT EXERCISES SUCH AUTHORITY IN ACCORDANCE WITH THE SPIRIT AND INTENT OF LAW. THESE STATUTES HAVE NOT BEEN FOLLOWED BY THE CITY, THEREFORE ANY REVENUE BONDS OR BOND ANTICIPATION NOTES TO BE ISSUED UNDER RESOLUTION 89-R-54 ARE ILLEGAL. WHEN THE CITY APPROVED RESOLUTION 89-R-54, BY-PASSING THE REQUIREMENTS OF STATE STATUTE THE CITIZENS OF EDGEWATER WERE DENIED THEIR RIGHT OF PROTEST IN COURT AT A VALIDATION PROCEEDING. THE BOND COUNSEL ALSO STATES IN HIS LETTER THAT THE REFERENCE TO CHAPTER 180 IN RESOLUTION 89-R-54 IS "IN ORDER TO GIVE THE CITY FLEXIBILITY IN THE FUTURE". IT APPEARS THIS IS A FALSE STATEMENT IN ORDER FOR THE CITY TO SAY THEY DO NOT HAVE TO GIVE US A PUBLIC HEARING! HOWEVER, YOU WILL NOTE...... (1) THE AUTHORITY FOR RESOLUTION 89-R-54 IS CITED AS CHAPTER 180, FLORIDA STATUTES. (2) PAGE FOUR OF THE RESOLUTION CITES CHAPTER 180 RESERVE AREAS AS THE "PROJECT" FOR WHICH THE REVENUE BONDS AND BOND ANTICIPATION NOTES ARE TO BE ISSUED. 0) RESOLUTION 89-R-54 REFERS TO CHAPTER 180 SOUTHERN RESERVE PLANNING WATER AND '-' L ""'" AND WASTEWATER MASTER PLAN AND THE EDGEWATER WATER AND WASTE WATER SERVICE AREA. WE QUESTION - IF THE CITY IS GOING TO UNDERTAKE THIS PROJECT IN THE FUTURE AS THE BOND COUNSEL SUGGESTS THEN WHY IS THE CITY BORROWING $4.7MILLION NOW? THERE IS A PROPOSED AGREEMENT BETWEEN THE COUNTY AND THE CITY OF EDGEWATER FOR THE CITY TO SUPPLY THE COUNTY IN THESE SERVICE AREAS WATER AND WASTE t;ATER SERVICES. IT APPEARS THE COUNTY PRESENTLY HAS AN 'ENGINEERING FIRM TO DESIGN A GRAVITY SEWER SYSTEM FOR THE AREA SOUTH OF THE CITY LIMIT LINE. WE QUESTION THE LEGALITY OF THE CITY OF EDGEWATER ENCOMPASSING FLORIDA SHORES WITH THESE COUNTY AREAS INTO A SERVICE OR ZONE AREA, DESIGNATING FLORIDA SHORES AS A SUBDIVISION AND USING FLORIDA SHORES AS A VEHICLE TO MOVE A CAPITAL IMPROVEMENT PROGRAM, DISCRIMINATING AGAINST FLORIDA SHORES AREA OF THE CITY WITH A LOW-PRESSURE SEWER SYSTEM WHILE THE REST OF THE CITY AND THE COUNTY HAVE A FIRST RATE GRAVITY SYSTEM. IN SUMMARY, ONE WOULD QUESTION WHY OUR CITY OFFICIALS ARE SO INTENT ON EXTENDING SEWER AND WATER SERVICES INTO THE COUNTY, THEY AREN'T SERVICING THE ENTIRE CITY NOW. THE COUNTY HAS THE AUTHORITY TO CREATE SPECIAL DISTRICTS AND PROVIDE MUNICIPAL SERVICES, SO LET THE COUNTY WORRY ABOUT SERVING THE COUNTY. OUR CITY OFFICIALS SHOULD ONLY BE CONCERNED WITH MAKING AVAILABLE TO ITS ENTIRE CITY THE BEST IN SEWER AND WATER SERVICES FOR ITS PEOPLE, WITHOUT SCHEMING AND EVASIVE METHODS SO THAT NO DEBT OR LIABILITY IS IMPOSED UPON THE CITY BY SUCH BORROWING METHODS.