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HomeMy Public PortalAbout11-17-97 Public Hearing (Sanitary Sewer Construction Program).tifMINUTES VILLAGE COUNCIL "PUBLIC HEARING" ON THE PROPOSED SANITARY SEWER CONSTRUCTION PROGRAM VILLAGE OF KEY BISCAYNE, FLORIDA MONDAY, NOVEMBER 17, 1997 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the Mayor at 6 10 p m Present were Councilmembers Martha Broucek, Gregory Han, Hugh O'Reilly, Michele Padovan, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa Also present were Village Manager C Samuel Kissinger, Deputy Village Clerk Vivien Maun and Village Attorney David Wolpin Mayor Festa addressed the Council and the public stating that the purpose of the public hearing was to give the residents and owners of Key Biscayne that are in non-sewered areas, the opportunity to ask questions to experts in the field, from Dade County, State, HRS and Miami Sewer Departments The Village Manager made an overview regarding the Council's goal in the Sanitary Sewer issue since the time of incorporation The Manager explained a loan was recently secured for the cost of the project installation and planning of the engineering over a 20 year period at a rate of 2 56% This rate will benefit those who choose to benefit from the installation of the sanitary sewer line in front of their respective homes The Village Engmeer will address the feasibility study which was a part of the loan requirement, the rules and regulations which govern the repair and installation of septic tank systems and brief presentations from the expert representatives At this point, the Manager introduced the Village Engineers Carlos Pemn and Andrew Pierce for their presentation Carlos A Penin, P E , Village Engineer, CAP Engineering Consultants, explained that once we submitted the application, one of the requirements was that we submit a collection system study Also, the Engineer presented an overview of the existing system and then showed the proposed system which will include the areas that are going to be covered in the proposed sanitary sewer system A senes of charts were presented to illustrate the presentation The Mayor opened the public hearing The following residents addressed the Council George Earl, 445 Hampton Lane regarding the duration of the project, Sam Davidian, 720 Myrtlewood Lane regarding future conflicts with costs and water main breaks, Luis Robles, 22 Harbor Point regarding the possibility for inclusion in the special taxing district and in the referendum of a private road, Jim Haney, 472 Glenndge Road regarding the real costs, 1 of November 17 1998 favored referendum and wanted information in the number of sewer overflow cases and problems with installation, Miguel Echarte, 325 Gulf Road regarding sequence and scheduling of the program, Clyde Aderhold, 797 Woodcrest, asked about the sewer and the referendum Councilmember Han made addressed the Council and the public encouraging the later to let their elected officials know about their opinions on whether a referendum is necessary or not The Manager indicated that there is a time deadline of November 1, 1998 to the state loan Final plans and specifications must be completed by this date The Manager indicated that applying for the loan is not always an easy task The first time that the Village applied for the loan, it was denied, and when applied for the second time we were approved The benefit of the loan being in place at the secured rate of 2 56% is a benefit that may not happen again The Engineer indicated that the cost discussed at this time is a rough estimate of the program due to the fact that the system has not yet being designed Mr William M Brant, Deputy Director for Wastewater Miami -Dade Water & Sewer Department, briefly addressed the Council regarding repair measures adopted by his department in the event of overflows due to any type of pump station failures The following residents addressed the Council Luis Robles, 22 Harbor Point, regarding the possibility of the loan for the private sector of the Island, drainage and electricity at Harbor Point, Haydee Archibald, 881 Ocean Drive, regarding condominiums share not to pay for sewer of residences, Jim Haney, 472 Glenndge Road, regarding program costs At this time, the Manager indicated that there were three representatives from the Agency of Environmental Protection Mayor Festa introduced the representative for the State Department of Health, Mr Samir Elmir Mr Samir Elmir, the Environmental Administrator for the State of Florida and Department of Health (it is no longer called HRS), addressed the Council regarding the mandatory and statutory requirements to administer the septic tank program in Dade County Mr Elmir's department, the Department of Health, is responsible for the administration and implementation of the Florida laws regarding septic tanks The elements of their health program are compliance, permitting and enforcement Mr Elmir urged Village officials to inform his office of septic tank system conditions, due to the fact that their office does not have a maintenance program The Health Department's only way to find out about septic tank systems is once they have failed There is no real repair data available, nevertheless, the Department of Health keeps data on the number of system failures throughout Dade County 2 of November 17 1998 Mayor Festa, in an attempt to get general points of information and help Councilmembers and the public to further understand the topic, asked the following questions from Mr Elmir Can you define a system failure? Can repairs be done to dram fields? What repairs are done to septic tanks? Do most repairs are the result of a change of the dram field? Councilmember Broucek further asked the following questions from Mr Elmir Who is the final authority implementing compliance issues? Who implements the permits? Mr Elmir indicated that the Dade County Health Department has the full authority regarding permits There was extensive discussion from Council regarding the changes in dram field requirements Councilmember Sune asked Mr Elmir to elaborate regarding the issue of why the State prefers sewer over septic tanks and also asked about high tides and septic tanks Mr Elmir also addressed issues regarding elevation requirements Councilmember Han asked Mr Elmir to comment on the possible contamination of ground water due to septic tank failures and if there are any special conditions on Key Biscayne that may allow the continuous use of septic tanks or to modify some of the department's regulations The following residents addressed the Council Jim Aldndge, 596 Fernwood Road regarding data collected from exposure to raw sewer contamination and health threatening issues, Jim Haney, 472 Glenndge Road, regarding state mandated requirements because of the Master Plan and sewer overflow, Ward Rathbone, 275 W Mashta Drive regarding elevation of drain fields and original Mackle fills, Wendy Johannsen, 212 W Mashta Drive, regarding archaic systems which are polluting the Village and illegal repainng of dram fields, and the initial Key Biscayne sewer section from 1950's, Nancy Harrison, 240 W Mashta Drive, regarding old septic tanks vs new septic tank failures, Sam Davttian, 720 Myrtlewood Lane, regarding implementation of a septic plan maintenance program and effectiveness Mr Elmir stressed to the public the importance to inform the corresponding authorities of anyone serving the installation, repair or replacement of a septic tank or dram field without the proper permits or at odd hours Anyone aware of a septic tank repair should report it immediately to the Health Department Contractors conducting business without the proper permits can get their licenses revoked Mr Elmir indicated that their telephone number after 5 00 P M is (305) 324-1190 and from Monday through Friday during regular office hours is (305) 623-3500 Councilmember Padovan addressed the Council regarding the replacement and upgrade of the pump station at Grapetree due to backups and overflows two years ago Vice Mayor Fried asked Mr Elmir about requirements from master plans and if the Health Department has jurisdiction in master plan approvals 3 of November 17 1998 The following residents addressed the Council Dawn Gibbons, 301 West Beechwood Dnve regarding backups in sewer systems due to hurricanes and/or heavy rainfalls, Haydee Archibald, 881 Ocean Drive regarding overflow solutions through sewer systems are not always effective because sewered areas also expenence problems and program implementation, Jim Haney, 472 Glenndge Road regarding the financing of the system Councilmember Han asked the Health Department representative if his office had any special mechanisms to assess Key Biscayne's special situation by drafting a different set of regulations versus State wide requirements Mr Samir explained that special requests would have to be addressed at the State level Councilmember Broucek asked about the Department of Health's relationship to the Department of Community Affairs and the demands for new municipalities to comply to sewer systems Mayor Festa asked Mr Elmir to elaborate on what would cause septic tank dram field systems to fail even if elevation is two additional feet from where it is currently placed Mr Elmir stated that septic tank dram fields failures are generally the result of poor construction inspections, clogs, heavy use of systems and/or excessive rainfall Mayor Festa thanked Mr Samir Elmir for representing the Department of Health and answering all the questions and concerns At this time, Mr Jim Plexico from the Department of Environmental Protection addressed the Council Mr Plexico bnefly explained that his agency was responsible for providing the loan Mr Plexico's department was given a health certificate signed by a health official documenting the health hazard on Key Biscayne The authorized health certificate gave Key Biscayne the high priority for a low interest rate loan The Department of Environmental Protection has been processing the application and Mr Plexico stressed that he believed that Key Biscayne had secured one of the lowest interest rates available on loans ever given by their entity The loan requires that plans and specifications be due by November 1, 1998 He further indicated that his office is working closely with the Village Engineers to get through the process and make this money available Mayor Festa asked Mr Plexico what would happen with the loan in the event that we would have to go to a referendum and get a split vote on sections of the Island, can the Village still use these funds Mr Plexico explained that a split scenario would deviate from the original island wide system presented, necessary to secure the loan Yet, subject to public input, Mr Plexico further stated that while being at the planning stage there may be variations presented 4 of November 17 1998 The Mayor asked the following question to Mr Plexico To what extent does the Village have the opportunity to enhance the loan not at the 2 56% but at the current rate of 3 22%9 Mr Plexico responded that it is possible for this scenario to occur The following residents addressed the Council Jim Haney, 472 Glenndge Road asked if the plan could be phased, and about the deadline date, Haydee Archibald, 881 Ocean Drive regarding clarification for the term whole Island At this time, Mr William Brant, Deputy Director of Wastewater for Miami -Dade Water & Sewer Department was introduced Mr Brant represents the Water and Sewer Utility for Dade County and his office is responsible for the operation of the regional water and sewage treatment plants for virtually all of Dade County Mr Brant explained that the waste water from the Village goes to the Virginia Key Sewage Treatment Plant and his department handles the frequency of the sewage, disposal, operations and maintenance of the transmission system to get it there, as well as, the collection system and pump system that would be constructed if the Village chooses to go ahead with the project Mr Brant also indicated that the current cost for a single family home to connect is of $1,841 The connection fee is set by the County Commission and is effective from October 1, 1997 to September 30th, 1998 and histoncally increases every year Mr Brant further explained that the connecting fee also corresponds for using a share of the capacity of the system and that the sewage plants are very expensive to maintain and build Mayor Festa asked Mr Brant to comment on the following questions Does sewer serve better the Island in terms of getting nd of the watery How was the experience from Dade County Water & Sewer in the recovery process after Hurricane Andrew and to please give an explanation of the different itemized charges which appear on the water bill Mr Brant commented that DERM has a very sophisticated regulatory computenzed system which overlooks Miami Dade Water and Sewer and monitors closely every pump station There was extensive discussion from Council regarding this issue The following residents addressed the Council Jim Haney, 472 Glenndge Road regarding count documentation from sewer problems for comparison purposes, Sam Davitian, 720 Myrtlewood Lane regarding concerns about increase in water charges and capacity problems at Virginia Key Sewage Plant and replacement of pipes, Molly Bannger, 371 Beechwood Drive regarding the financing to homeowners who can not afford the system The Manager indicated that there will be, if Council goes ahead with this program, a senes of Public Hearings that will address specifically the areas of assessment and how Council is going to assess this program (for example a corner house vs a non -corner house and location of sewage line) 5 of November 17 1998 Jim Haney, 472 Glenndge Road addressed the Council regarding paving contracts funds Mr Brant explained that these funds are capitalized and come out of the departmental budget Mr Vince Arrebola, P E , Chief, Water & Sewer Division with DERM gave an overview of the application process and how they have worked closely with the administration to obtain the vanance regarding the connection requirements Mr Arrebola explained that his department also has delegation from the Department of Environmental Protection for the administration of the domestic sewage program, therefore, if Council decides to go ahead with this program, his office would be responsible for processing the plans and permits on behalf of the State Also, as a regulatory agency, their entity is called to investigate sewer overflows and septic tank problems DERM investigates and works closely with other agencies, such as the Health Department and the Utility, in correcting system problems Councilmember Han asked if County regulations had anything to do with the design criteria for septic tanks Mr Arrebola explained that county regulations under the Water and Sewer Department with DERM address issues such as land use and lot size John Lindgren, Plumbing Inspector for the Village of Key Biscayne addressed the Council Mr Lindgren briefly explained about septic tank contractors and permits John Little, Building Planning and Zoning Director, briefly addressed the Council regarding the possibility of including the inspection of dram fields as part of the inspection process There was extensive discussion from Council regarding the plumbing inspection processes Mr Sam Davitian, 720 Myrtlewood Lane addressed the Council regarding higher standards of performance for inspection as a matter of health Director of Finance and Administrative Services, Jack Neustadt addressed the Council giving an overview of the financing part of the program The Finance Director explained the Capital Financing Plan and the three options available to individual homeowners (copy attached) There was extensive discussion from Council regarding this issue The following residents addressed the Council Peter Harrison, 240 W Mashta Drive regarding his support for the sewer system, Molly Bannger, 371 Beechwood Drive regarding taking the decision to the voters 6of8 November 17 1998 The Financial Advisor for the Village of Key Biscayne, Percy Aguila, Jr from Rauscher, Pierce Refsnes, Inc , was introduced and addressed the Council regarding the importance of the interest rate locked from this loan The Attorney explained the difference between a special taxing district and a special assessment program Mr Jeffrey DeCarlo, Bond Counsel to the Village with Adorno and Zeder, P A , indicated that in order to do a taxing district, the Village would have to go through Dade County The County procedure requires a referendum There was extensive discussion from regarding this issue Nancy Harrison, 240 W Mashta Drive addressed the Council regarding the importance of the program and the real necessity some residents have Mayor Festa closed the Public Hearing and thanked all the representatives for their information and time Councilmember Broucek encouraged residents to come forward with their opinions, to get informed, and to get involved Councilmember Broucek reiterated that only through public input is that elected officials can come to correct decision making and that this sewer program is for them Councilmember Padovan made a motion to adjourn the meeting The motion was seconded by Councilmember Sime and approved by a 7-0 voice vote The vote was as follows Councilmembers O'Reilly, Han, Sime, Broucek, Padovan, Vice Mayor Fried and Mayor Festa voting Yes The meeting was adjourned at 9 45 p m Respectfully submitted Vivien Maur Deputy Village Clerk Approved this 9111 day of December, 1997 1 7of8 November 17 1998 IFA PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED 8of8