Public Safety/Public Works Committee Tuesday, July 26, :00 PM Minutes

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1 Item No CALL TO ORDER Public Safety/Public Works Committee Tuesday, 5:00 PM Minutes The meeting was called to order at 5:00 p.m. by Councilman Gary Meeks, Chairman of the Public Safety/Public Works Committee. Committee members in attendance were: Councilman Steve Howard, Dr. Jerry Linder, Mr. R.B. Juneau, and Mr. Ron Rees. Others present included: Town Manager Jim Hanson, Public Works Director Chuck Pavlos, Police Chief Gary Goble, Fire Chief Al Barker, Utility Superintendent Roger Rich, Finance Director John Villanueva, Events Coordinator Emily Dockery, Town Attorney Sam Garrison and Town Clerk Sarah Campbell. 2. APPROVAL OF THE MINUTES OF THE DECEMBER 9, 2015 COMMITTEE MEETING Councilman Meeks stated under Call to Order he is referred to as Vice-Mayor; it should be corrected to Mayor. Mr. Rees moved to approve the minutes, as amended, of the December 9, 2015 Committee meeting. Mr. Juneau seconded the motion which passed 5 to DISCUSSION OF PROPOSED FENCING AT TOWN HALL PARK Mr. Hanson stated this was proposed in the Capital Improvement Plan and brought to Council about a month ago. He stated Council approved the funding, but referred it to the Committee. He stated a decorative fence is being proposed. It will be aluminum so it will not rust. He stated the fence would only go along Kingsley Avenue from Smith Street to Park Avenue, and Park Avenue from Kingsley to the Town Hall driveway. He presented pictures to the Committee. He stated the fence would be similar to the one at Clarke Park. He stated it would save time and effort with staff having to put up the orange snow fence for events. It would also provide safety for events when children are present. There will be removable sections along the fence to allow for larger vehicles to get through. Mr. Juneau asked if there were any Code requirements for having to place a gate on the fence because of its size. Mr. Hanson stated he was not aware of any Code requirements. Councilman Meeks discussed fencing the front lot. Councilman Howard stated the kid park on Stowe Street gets a lot of activity. He stated it seems like a fence would be needed down in that area. Mr. Hanson stated Park Avenue and Kingsley Avenue are where the real hazards are. He stated Stowe is not a heavily

2 Page 2 traveled road. He stated if a child stepped out into Kingsley, it could be a matter of seconds that a child is hit by a car. Mr. Rees asked how hard it would be to remove the sections of the fence. Mr. Hanson stated it would depend how the fence is installed. He stated he would propose putting PVC conduit in the ground so the pieces could just be set in and removed when needed. Mr. Juneau moved to approve $20,000 for the design and purchase of a fence for the north/northwest boundary of Town Hall Park. Mr. Rees seconded the motion which passed 4 to 1 with Councilman Howard dissenting. 4. DISCUSSION ON PROPOSED CHAPTER 36 (UTILITES) CODE UPDATES Mr. Hanson stated staff has been working on this for over a year. He stated there are three main updates he is proposing. Mr. Hanson stated restaurants have grease traps because they discharge a lot of grease into the wastewater. He stated if grease is not cleaned out of the traps, it can get into the sewer lines and congeal, causing issues with the lines. He stated most restaurants in Town do a good job of keeping their grease traps clean, but there are a few that do not. He stated stronger language and restrictions need to be added to Section (d). Councilman Howard stated there have been many problems with Anthony s Catering. He stated they were not cleaning out their grease traps and it caused problems at the pump station on Milwaukee. He stated something does need to be done and better restrictions should be initiated. Mr. Hanson stated there are a couple more restaurants in Town that cause issues. Mr. Juneau asked if Code Enforcement would oversee this. Attorney Garrison stated it would be a team effort between Public Works and Code Enforcement. He stated Public Works would need to check for compliance. He stated the process side of making sure someone is served and the appropriate steps are taken would fall under Code Enforcement. Mr. Juneau asked if there is a standard practice in place for making sure restaurants are in compliance. Mr. Rich stated there are compliance inspections. He stated if there is an issue they will first talk with management and then give them 30 days to correct the problem. He stated most of the time the 30 days is exceeded. He stated with the new ordinance it would allow for fines and the possibility of the water being turned off. He stated they try to inspect restaurants every six months and all restaurants are supposed to be inspected.

3 Page 3 Councilman Howard requested a list of the number of restaurants in the Town be sent to all Council members. Mr. Hanson stated the majority of the changes deals with billing and customer service. He stated the language was improved and updated. He stated charges are raised to actual cost or slightly above. He stated the Town should not subsidize these activities. A lot of the updates are just miscellaneous adjustments on language. Mr. Juneau asked if the costs are hard costs. He stated they seem too low. Mr. Hanson stated there is a spreadsheet of costs. He stated the updated fees should cover the cost that the Town spends on various services. Mr. Juneau requested a copy of the rate sheet. Councilman Howard stated there is no fee for fire service lines. Mr. Pavlos stated several facilities have fire lines. He stated there is no fee if it is a dedicated fire line. He stated other nearby cities charge $40 a month. He stated 17 fire lines in Town are metered, but older lines are not. Usage is billed to the customer, but there is no availability fee. He suggested considering a similar fee like other cities have. Councilman Howard moved to recommend that there be an availability fee for fine lines. Mr. Juneau seconded the motion which passed 5 to 0. Mr. Hanson stated backflow prevention devices have been required by the Town for many years on residential services. Residents have had to install and maintain these backflow devices at their own expense. More recently, the Town has been installing backflow devices in connection with a meter change-out program and once completed at each house, there is no longer the need for the customer to have or maintain their own private backflow devices. These changes update the Code language in recognition of this change. Councilman Meeks moved to recommend to Council to adopt Chapter 36, with the addition of fees for fire lines. Mr. Rees seconded the motion. Councilman Howard asked if all the meters have been installed and what is the policy if there is not a new backflow preventer installed yet. Mr. Hanson stated a backflow preventer can only be removed if a new one is put in its place. Mr. Juneau asked if owners are being notified once they no longer have to maintain their own backflow preventer. Mr. Rich stated homeowners will receive a letter. The motion to recommend to Council to adopt Chapter 36, with the addition of fees for fire lines, passed 5 to 0.

4 Page 4 5. DISCUSSION ON WATER & SEWER BILLING STRUCTURES (DAVIDSON LETTER) Councilman Meeks asked Ms. Davidson to give an overview of her letter. He stated Council referred the letter to the Committee. Any recommendations they come up with will be sent back to Council. Ms. Barbara Davidson, 2710 Holly Point Road West, stated there is an 8-inch meter at Moosehaven which is not being charged, because it is written off as a fire line. She stated Brandon Place has single family residential units and is not being billed for usage or for availability. She stated she was told that the Town does not read or bill for each unit. She stated there are 2,347 individual residential accounts. There are 355 that are paying off schedule 4. Schedule 1 applies to Brandon Place. They are single family residential units. Moosehaven and the other four nursing homes are being changed under Schedule 4, along with car washes and other low water users. She stated hotels and apartments are billed based on the number of units; Moosehaven is not charged this way. On Moosehaven s PUD application it shows the number of individual living units. She asked if the Town was going to let Brandon Place not pay availability fees. She stated they could add more units. It will be discrimination if this continues. She stated a resolution and court order says there will be no preferential treatment or free service. She stated the certificates of occupancy were not being issued. She stated the residents were getting billed for water by Moosehaven. She stated the reselling of water stopped on March 1 and the base rate Moosehaven was charging went up in May. She stated the Enterprise fund is being mismanaged by Town staff. She stated the Town has $1 million insurance coverage for omissions and errors. Mr. Hanson stated that Council can bill all similar customers the same way. Moosehaven is one central system with two master meters. Moosehaven had their own meters inside the central line. The Town does not have a line to them; DEP rules allow for this. St. Johns River Water Management District confirmed that elderly complexes do not have to be individually metered because of the low usage of water. Mr. Hanson stated the Town does not have insurance to cover back billing. There is an exclusion for billing. He stated he does not believe that an error has been made in past billing. He stated Schedule 4 probably did act as the default rate, when a facility did not fit anywhere else. The usage is the same amount for all schedules. It is the base charges that are different. Council can change the base charges; they can bill based on the number of units or by meter size. He stated he spoke with Mike Burton, the rate consultant, and both are common ways to bill. He stated no mistake was made in He stated the question going forward is whether any changes should be made. He stated the problem he sees is that hotels and apartments are being billed the same, and that is unfair. Mr. Hanson asked the Committee if they believe the rate schedule currently being used for assisted living is unfair and should it be different going forward. He stated with the

5 Page 5 concurrence of Moosehaven, the bill could be split and direct billing of Brandon Place could be deducted from the master meter. Councilman Howard asked if it is required that all single family residents be metered. Mr. Hanson stated it is. He stated Moosehaven is exempt under this provision. Councilman Howard asked why meters were installed at Brandon Place. Mr. Hanson stated he spoke with Mr. Bowles, and was told that in 2009, they thought the water meters would be required. He stated the Town has never read the meters. He stated it was confirmed that the units do not have to be individually metered. Councilman Howard stated nine permits were extended past their two-year limit; one was extended over four years. He stated there was no Town correspondence on the issue. Mr. Hanson stated those are not the only ones. He stated past staff was not enforcing it. Mr. Juneau thanked Ms. Davidson for her research and for always looking out for the Town. He stated he is not sure what the resolution will be. Mr. Juneau discussed the difference in volume and amount billed between Oak View and Villas Continental. Mr. Hanson stated the difference is in the base fees. Mr. Juneau brought up the billing differences between Moosehaven and Villas. Mr. Hanson stated there is an unfairness in the rate schedule. Mr. Juneau asked if people are on the right schedule. Mr. Hanson stated the Town knows what they are billing and it is being done properly; it is the schedules that are not fair. Ms. Davidson stated there was no availability fee 20 years ago. Different places have different meter sizes and the base fees will be different. She stated the Town does not tell owners what meter size to use. There is inequity in charges to nursing homes based on the meters, instead of non-housekeeping units. They should be on Schedule 3 like hotels. The Committee continued discussion on Oakview and possible late charges impacting the difference in the monthly charges. Mr. Hanson stated Schedule 4 is billed based on meter size and Schedule 2 is billed based on number of units. He stated those on Schedule 4 pay less. Chief Barker stated the meter is based on the line size. Mr. Juneau asked about rate consultants being used. Ms. Campbell stated they were used to set the rates. They did not determine if customers were in the correct schedule. Ms. Davidson stated consultants determined rates in Mr. Hanson stated all schedules changed equally when the rates were increased. Mr. Trey Mills, Attorney for Moosehaven, stated there is an underlying reason why schedules are used. The rates are used for the conservation of water. Residential units

6 Page 6 can be more influenced, while commercial entities have more constant needs and conservation is harder to do. Mr. Rees stated this issue has been brought up many times, and there is always moaning and groaning from others. He stated he feels that others think there is an unfair bias toward Moosehaven. He stated the Committee needs to put their arms around the issues and dispel any myths. He stated he will need legal help with the ordinances. He will need help with the engineering and schematics of the facilities. He stated all assisted living facilities need to be looked at. All aspects of the facilities need to be looked at to ensure correct billing. He stated it will be a long process, but the Committee is capable of doing it. Mr. Rees stated, if possible, have Attorney Garrison and Mr. Pavlos physically visit the sites and make sure the ordinances fit each site. Another option would be to hire a consultant to check each one. The rate structures need to be looked at as well. Councilman Meeks stated it cannot be solved today. Some things have changed over time. Mixed Use was added. The Astoria is both a hotel and an assisted living facility. He suggested having Mr. Burton come in and look at the five rate schedules. He stated the minimum charge for Mr. Burton to come to just the meetings would be $2000. Attorney Garrison stated he has reviewed Ms. Davidson s information and has met with staff on the historic issues. They have looked at the options as to how to move forward. He stated there are two separate issues he sees. He stated schedule descriptions, as use evolves, need to be updated. He stated staff needs to pick x or y and there will always be gray areas. He stated it is a good idea to use professionals to make sure it is defensible. He stated the issue that needs to be looked at is Moosehaven individually. Moosehaven is a unique facility. It predates many places. He stated if it was developed today, things would be done differently. It has unique history and age. The answer to whether Brandon Place is a single family resident depends on who you ask. The Water Management District says it is not, but a layperson would say it is. There will always be tension with Moosehaven because it is different. Attorney Garrison stated he has two recommendations. He stated if the Town wants to do a rate study, include Moosehaven as its own entity or use the structures that are in place and have independent agreement with them to deal with the equity issues. Councilman Meeks stated what the Consumptive Use Permit requires needs to be looked at. He stated he knows that there is no resale of water regardless what schedule you are in. He stated there are two other entities that fall under the same classification as Moosehaven-a Masonic home in South Florida and Penney Farms Retirement Community. Mr. John Capes, 1522 River Road, stated the original exemption came in 1981, but he is unsure of how many entities were exempt. He stated it mostly applied to fraternal or

7 Page 7 religious organizations. He stated he knows of three since He stated these include a Masonic home in Miami, Penney Farms, and Moosehaven. He stated the exemption still applies to Moosehaven. He stated Penney Farms surrendered their exemption a couple of years ago and he does not know the current status of the Masonic home. He stated in 1989 the exemption was extended and was covered under two chapters. He stated the exemption does not affect the tax or water issues. It is related to how they are surveyed. He stated they comply with all statutes that they are exempt from. There are certain things they file internally and not in Tallahassee. He stated they are unique in that they own all of their infrastructure. They operate as a true Continuing Care Retirement Community (CCRC). He stated there is no ownership principle involved and the residents enter into a service agreement. He stated $7 million a year is spent on charitable care. He stated those resources do not include government money or money that is taken in for operations. He stated he will always pay the bill, but if there any changes with the charges, he would like them explained and discussion on it if possible. He stated Moosehaven has become a target. He stated it has been providing continuing care since 1922 and is a source of pride for the county. Councilman Howard asked if there is a hotel on Moosehaven for Moose members to come and pay per night. Mr. Capes stated he does not consider it a hotel. He stated it is a standard benefit in CCRCs. He stated loved ones who visit pay a base rate, and can stay up to six days, unless a family member is dying. He stated usually only 1 to 2 people occupy the facility at a time. He stated there are 28 apartments total that are divided up into 3 pods. He stated only 1 pod is being operated, which includes approximately 9 to 10 rooms. Councilman Meeks stated the Committee can recommend to Council to review the classifications. He asked if during the annual audit, if the utility billing is being checked that it is being applied accurately. Mr. Hanson stated they look at the billing to make sure it is accurate, but they do not look at the fairness between schedules. Councilman Howard moved to recommend to Town Council that an outside consultant be hired to review the current rate structure and billing practices. Mr. Rees seconded the motion which passed 5 to AUDIENCE COMMENTS Ms. Barbara Davidson, 2710 Holly Point Road West, stated it was not her intention to disgrace or cause concern on Moosehaven. She stated her concern is the enforcement of the non-housekeeping schedule in the Code. She stated the CCRC does not apply to Brandon Place; the insurance language changed in the statutes and prohibited them from marketing it as a CCRC. She stated there is no water line to Judy s Place. She stated they do a good job of care and with community participation. She stated she has discussed her concerns with all the billing clerks and nothing has changed.

8 Page 8 Mr. John Capes, 1522 River Road, stated Moosehaven is exempt from Florida Statue 651. He stated the mischaracterization of Brandon Place is becoming a problem. He stated the idea that the residents at Brandon Place are treated differently is false. 7. ADJOURNMENT Councilman Meeks adjourned the meeting at 7:01 p.m.