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06-04-2007 - Regular o 0 CITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 4, 2007 7:00 P.M. COMMUNITY CENTER MINUTES 1. CALL TO ORDER Mayor Thomas called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Michael Thomas Councilwoman Debra Rogers Councilman Dennis Vincenzi Councilwoman Harriet Rhodes Councilwoman Judith Lichter City Manager Jon Williams City Clerk Susan Wadsworth City Attorney Carolyn Ansay Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. Mayor Thomas asked the audience to remember one of our previous Mayors, Randy Allman, who passed away a couple of weeks ago. 2. APPROVAL OF MINUTES There were no minutes to be approved at this time. 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DON ATIONS There were no Presentations at this time. Mayor Thomas stated how many people were there for the Animal Shelter. He has been asked to take that order of business first. 4. CITIZEN COMMENTS Page 1 of 1 Council Regular Meeting June 4, 2007 o o The following citizens spoke: Gigi Bennington, 121 Virginia Street, stated her comments were in reference to the survey that was done for $15,000. She understood they called approximately 350 voters and asked how they felt about ECARD, height limits, the City and the Council and future plans for City Hall, etc. There were 24 questions on this. At $15,000, that is $43 per call or $625 for each question. She asked why they hired someone to do this and why they didn't use an existing City employee with all the budget restraints the City is under right now. She asked what the point of the survey was and who suggested doing it. She asked what the results were and if this survey would change any policies. She asked why questions about ECARD were included in this survey. Why do they care about what ECARD thinks or what the people think of ECARD? The Council was elected, not ECARD or their members. Ms. Bennington commented on the discussion regarding cutting City employees at the last meeting. Someone mentioned cutting the garbage employees and that they are at the low end of the totem pole income wise. She wanted to know why the Council didn't explain to the people that those people aren't going to be affected by the tax cut revenues. That is an Enterprise Fund. Those garbage people are not affected. It is the Fire, the Police and all the other City Hall employees that are going to be affected by the tax cuts, not the Enterprise Funds. Mayor Thomas stated they voted on that reference the survey and he thought what they were trying to do was get a feel of the public on how they feel on some matters. City Manager Williams stated they wanted to make sure that everybody that was surveyed had an identity of who ECARD was, who the City Council is, to see if there was an understanding of the current events that are taking place. They talked to the folks that were surveyed referencing their opinion about growth and how the City has handled growth and finances and so forth. Ms. Bennington stated she read a copy of the survey and she read the questions and for the average person out there that doesn't have a knowledge of the City, some of the questions are very complex. To base your opinions on some Page 2 of2 Council Regular Meeting June 4, 2007 o o of these answers she feels they would be airing on the wrong side because they are so complex, especially when you are dealing with the height limitations, the City Hall complex and the millage. Mayor Thomas stated he was unfortunate not to get a copy and asked Ms. Bennington to save him a copy. Councilwoman Rhodes stated she got a copy. Councilwoman Rogers informed Ms. Bennington she did not vote for this. Ms. Bennington stated she just wondered how it came about to begin with when it could have been used in different ways. Mike Visconti, 316 pine Breeze Drive, read a prepared statement. The latest petition for the City of Edgewater from the ECARD is the amendment to the City Charter regarding residential density west of 1-95. He didn't know how responsible this group really is since there are anti- development that are killing this saw grass City. There have been articles in the newspaper relating to the financial crisis in Edgewater is finding itself and yet they have passed a 35-foot height limitation, continued to fight every developer, every idea for revenue and now another petition to stop yet another project and therefore additional revenue for the City and its tax failure. The City of Edgewater through petitions of this group has turned down hundreds of millions of dollars in revenue by just saying no. $170 million for impact fees for the high- rise and $40 million in taxes. The new petition attacks the west side growth. The developer of the proposed project states the proposed Charter Amendment will kill a massive project. ECARD wants to stop growth west of 1-95 by limiting lots sizes to twenty acres per house. He spoke of the children having to go elsewhere. He commented on this not being fair for people who would like to spend winters in their later years in this area and the people that have established businesses here. He questioned why the normal standard should be modified by the Charter when zoning changes are possible. He commented on the developer saying the project west of 1-95 would be 43% preserved. He urged the citizens not to sign the petition as it will destroy the City's future potential. Page 3 of3 Council Regular Meeting June 4, 2007 o o Mike Schmitt, Mission Oaks, New Smyrna Beach, stated for the last eight months they have had a pump truck from Edgewater coming out and pumping out a lift station that is supposedly on their property. He guessed they had been disconnected from the sewer system. This truck the City is bringing in there three or four times a day, six or seven days a week haS been pumping out the lift station. The people are complaining and the smell is horrible. They starting at 7:00 in the morning and it is now starting to tear up their only road. He was wondering if somebody could tell him how much longer this is going to go on. Director of Environmental Services Terry Wadsworth stated this was brought to the Council. They went ahead when loth Street was being widened, the Utilities Commission needed to abandon a force main there and basically agreed to turn over the utilities that were in Mission Oaks to the City. He informed the Council at that time they would have to go ahead and pump. They have tried to make arrangements with the developer for Oak Leaf who is in his final stages as well as with Mr. Valley, who is doing a development on the corner of Mission and Eslinger. As soon as that is worked out with the utilities, they will go ahead and hook it directly to our system and pump from there. He wasn't aware of problems with smell or that much traffic. He thought they were in there five times a week, not two or three times a day. They do a weekend pump out and then two or three times a week. He agreed to check into this. Dominic Capria, 606 Topside Circle, stated Mike his friend and signed the 35-foot height limit. changing his mind all of a sudden? Visconti is Why is he Mr. Capria stated he asked for the City Council to revisit the Charter on 3.ll(b) and he sees there is something in writing explaining it, which he did not get a chance to study. He feels it is not fair that he has to go study this and then come back next month. Briefly what he is reading, he thinks what it is saying, what the Mayor said was the three minutes and explanations will count for the three minutes they are speaking. Mayor Thomas stated they had some time left but he was trying to expedite the meeting. Mr. Capria asked if he was correct in what he was saying. That the answers would be included in their three minutes. Mayor Thomas stated he asked if they wanted them included Page 4 of 4 Council Regular Meeting June 4, 2007 o o in their three minutes. Mr. Capria stated absolutely not. Mayor Thomas stated he asks each individual person if they want their answer included in their three minutes. They either say yes or no. Mr. Capria stated so the issue is still alive. Mayor Thomas informed him yes. Andy Anderson, pine Tree Drive, stated he has known Mike Visconti for a long time. They have been cordial to each other all these years. He respected his opinions and he thinks he respects his. Mr. Visconti is in the construction business and he wants to build and he probably would too if he were in the business. He and his son are in business in this town and they want to develop areas and they are in favor of development from what he understands. Mr. Anderson stated there has been an ad appearing in the newspaper over the last couple of weeks, which is 5" X 5", which is not a cheap ad and they are addressed to all animal lovers encouraging people to attend the meeting on Monday. He asked if the City put this ad in the newspaper. Councilwoman Rhodes stated it wasn't placed there by the City. Mr. Anderson stated it is an expensive ad. It is $369 for Sunday. Mayor Thomas again informed him the City didn't do it. Mr. Anderson stated it is $294 a day during the week. It sounds a little biased and sounds like someone who is preying on people's sympathy for animals. He feels the Animal Shelter is another matter altogether. Dot Carlson, 1714 Edgewater Drive, representing ECARD, stated she wasn't at the last meeting and she understood they had a couple of questions that came to ECARD. She called Mayor Thomas and he didn't call back. She called Councilman Vincenzi and he called her back but she missed his call. She stated Mr. Visconti is incorrect on some things and correct on others. When that land came in from the County it was one unit per twenty acres and it was that because 45% of it is water. It is a water recharge area. There was a survey done in 1998 and was considered undevelopable by the County. What it is, is what it is. She can't change the land. If it came into the City, it is still what it is. They are going ahead with the petition and are doing well. She encouraged the people to read the petition before they sign it. This one does have variances. Shirley Chambers, 112 W. Pine Bluff Street, stated she has called with numerous complaints and it doesn't seem like Page 5 of 5 Council Regular Meeting June 4, 2007 o o anything is getting resolved. There is a house at 111 W. Pine Bluff Street that needs to be completely condemned. There are rats coming from this property. They are the Armlin's and they think they can get away with everything and that is not right. She tries to keep up with her things and now they have a van over there. She knows the license plate is already expired. She has been in the house and it is condemnable. The roof is caving in. The City runs around and asks people to pick up, people with boats and trailers in their yard but yet when you have something that looks this bad in the City, she didn't understand why the City doesn't address it. It is a concern. She is a taxpayer and it looks nasty. Fire Chief Barlow wrote down the information. Mayor Thomas moved Item 9B up on the agenda. B. Animal Shelter - discussion item with City Council consensus to move forward with a specific option for the Animal Shelter City Manager Williams thanked all of the volunteers who have put countless hours into assisting the City with bringing the Animal Shelter to this point tonight. Lead Animal Control Officer Lisa Saunders made a Powerpoint presentation with regard to the History, Strategies, Cost Comparison, and Improvements to the Existing Facility. (At tached) Councilwoman Lichter commented on being with the City for ten years and being with the City when they departed from the Southeast Volusia Humane Society and being involved with members of the Pet Society Inc. who are still volunteering there to carryon their love and respect for the animals in the City. She mentioned dog obedience lessons being a good way to raise money. They are probably the only County that does not have a County animal facility, in conjunction with a non-profit group. There is a good potential there with the land the City has that the County is going to need some help eventually. There is a very good opportunity. It isn't that they are creating new positions. They have had an animal service person in- house. They are creating one that is going to cost less money by having an animal director, one body in-house. It's not that they haven't paid for animal services in the Page 6 of6 Council Regular Meeting June 4, 2007 o o past. When the City broke from the Humane Society, they were paying $40,000 to $45,000 a year to the Humane Society and we were also paying two animal control people in the City. It's never been free. They made every attempt to stay. Southeast was originally formed and the money was raised by Edgewater and New Smyrna people. She was the liaison from the City Council to the Humane Society. She and others members of the Pet Society served on their board and tried to make some internal changes and it didn't happen. She commented on being open seven days a week. She also recognized Becky, a high school student who comes in on Saturdays, Donna Wagner, who comes in early in the morning and after she gets off work, and Karen Mason. She also mentioned the people that got the washer and dryer donated. She spoke on washing laundry in cold water, doing six to eight loads a day and being there every day except if she has a meeting. She thinks no matter what they are going to do with animal services, this City has a heart. This can be run eventually as an Enterprise Fund. It will not happen over night. She commented on items being donated by the pink Ladies and Drug Free Youth and the Pet Society going to PetSmart every Saturday to place animals. WalMart is now giving them bags of food. She further spoke about the shelter being located at the end of a dirt road. The Pet Society has put three years into this. They hope the public sees the pros and cons. It is their goal to continue to take care of the animals in a facility where more volunteers will volunteer. She feels they will have more people help when they have a better facility. She also recognized Ginger Bryant, who was in the audience, and commented on the small trailer she is currently working in. She stated % of the citizens in this community are good pet owners. They see ~ of the pet owners in this community that don't care. That is why they have a need for education. She commented on already doing education. She sincerely hopes they realize the time has come to honor their citizens wishes, who are intelligent to know when they voted $500,000 for a building that they aren't talking about the Taj Mahal any more and they knew there was going to be some expenses running an enterprise like this. Councilwoman Rogers commented on a few things she feels were omitted from the Powerpoint presentation. For instance, initially there was a site and that site turned out to not be suitable. Initially the $500,000 bond was supposed to just cover the shelter. There were a lot of mistakes made. She doesn't want to sound like somebody Page 7 of7 Council Regular Meeting June 4, 2007 o o beating a stick any more. At this point everything that has been presented to them and everything she has come to realize, being turned down by the Southeast Volusia Humane Society. That is a big problem. Not having anywhere for the animals to go is another big problem. The fact that they are now talking about the possibility of an Enterprise Fund, accountability, income expense, that is a great possibility. She doesn't want to have it on her conscience that they get rid of the animals because they have nowhere for them to go. She has three animals including one cat that showed up during the hurricanes in 2004. She is her first cat in her life and she doesn't want that cat going to the Animal Shelter. She would give a blessing on this if it could in fact be an Enterprise Fund as it is being talked about and that they strictly watch it and the accountability and perhaps they put something out there that if they get into the red, that they will have to revisit the possibility with Southeast Volusia. At this point, they cannot take us. She feels they need to have an opportunity where this is revisited every year and that they have a threshold that if it goes into the red, what they are going to do. They need to make it very blatant and it is there so it cant' be debated in the future. We have a problem on our hands. We have to fix it. She would say let's got for an Enterprise Fund and spell out what is the maximum in the red they can go. She would say no more than $10,000. All of these opportunities for future revenues, there are a lot of opportunities. She has friends in the Melbourne area that make a lot of money that go to people's houses and babysit for animals. In talking with New Smyrna Beach High School where they have the different programs for the seniors that don't have an area of expertise that they are interested in as far as future employment. Maybe they can partner and do something with the High School. That is an opportunity and then maybe they could perhaps get some money from the school system. Councilman Vincenzi stated believe it or not, he liked the proposal because this is the first real proposal they have had that outlines real cost and alternatives were presented on what needs to be done in order to pay for the expenses that are incurred by running an animal shelter. It is realistic. He too feels it should be an Enterprise Fund to separate the expenses and keep the accountability proper. He asked if the open-air building would be for dogs. Ms. Saunders informed him it would be for the dogs. Councilman Vincenzi asked why the dogs have to be outside. Ms. Page 8 of8 Council Regular Meeting June 4, 2007 o o Saunders stated she would much rather they be inside. What City Manager Williams has done is he has broken down that it costs us per unit per animal. They currently take in about 900 animals a year. They started with 1,000 because she knows they are on track to do about 1,500 this year. Mayor Thomas asked what the cost per unit was. City Manager Williams thought it was right around $60 dollars. When they did the spreadsheet they were more interested in finding the variable cost within the operations and assigning a unit cost with that that way they could move that bar and change the number of units to come forward and determine that actual break even point. He was more interested in trying to assign costs for equipment and the variable side of it. Right now it looks like it is around $60 per animal. It is dependent upon them going out and soliciting customers, other cities, as revenue sources. Ms. Saunders commented on why the dogs would be outside. She stated she took the $500,000 they had and they tried to get as many animal spaces as she could. She spoke of being able to stack the cats on top of each other inside of the existing building with cages. The dogs going to the bathroom inside an enclosed building would probably be too much for their one kennel worker. With the outdoor building they have the proper ventilation they need to house the animals. She commented on the revenue increasing by being able to house more animals. Ms. Saunders further commented on the cost to do Animal Control. With this as an Enterprise Fund, not only would the Shelter being paying for itself eventually but they would be chipping away at what it costs the City to do Animal Control. Councilman Vincenzi stated even if they get the minimum that is probably a good figure, the $67,975.00, which is what the City would have to pay. If that were turned into an Enterprise Fund just for that, he didn't know what it would be but it would be minimal for everybody. City Manager Williams stated right now if they were to look in the General Fund, net cost to the General Fund is projected to be $230,000. He thinks by taking this approach, they end up addressing a problem in terms of reductions they have talked about by moving this into an Enterprise approach. Right now they are projecting a loss Page 9 of9 Council Regular Meeting June 4, 2007 o o of $69,000. Under the revenue, he has a contribution coming into the Enterprise Fund from the General Fund to pay for the Animal Control Officers. Even under this approach, they addressed the pending property tax reform, the current financial situation and they end up providing a savings to the City of about $100,000 by taking this approach. He thinks in terms of addressing methodologies for contingencies if they start operating in the red, he would ask Council's consideration tonight for a five-year objective. They want five years to be able to go out and aggressively market this and put the necessary actions and steps in place to generate the revenues and allow them to have that five year time period to get this building up and running. Councilman Vincenzi felt that during that five years there should be an Enterprise Fund fee associated with it so they don't have to take much as far as tax dollars and put it into that. City Manager Williams disclosed that he and City Attorney Ansay had a discussion this afternoon about methodologies for establishing a rate and what would be an appropriate rate and how they would go about doing that. They are going to research that and bring back a proposal that will bill each property owner a set fee. Councilman Vincenzi felt this needed to be done. Councilman Vincenzi stated as they get more animals in that means they will hopefully adopt more but that means they would probably have to euthanize more. Ms. Saunders commented on increasing the shelter figures a lot but she doubted it would ever be that high. Councilman Vincenzi wanted to point out that even though this is the best plan they have seen so far and he supports it, it still has problems. Ms. Saunders stated she was basing the numbers on a lot of variables. They can't guarantee how many adoptions they will do. That is why they tried to be very conservative with those numbers. Councilman Vincenzi commented on hiring more people. Ms. Saunders stated right now they have two Animal Control Officers and they are using day labor as shelter kennel workers. Thankfully they have a ton of volunteers that are making up the shortfalls. Her proposal is they would scale it back to one Animal Control Officer, Monday through Friday and a part time person that could work Saturday and Page 10 of 10 Council Regular Meeting June 4, 2007 o o Sunday and fill in for the Animal Control Officer when they are out sick. She further commented on personnel and not having the cost for benefits due to some of the positions being part-time. City Manager Williams pointed out with the vet tech, they are planning on sharing the cost with the veterinarian care provider right now. They will not have an employee carried on our books and they will enter into a professional services agreement or something of that nature. There will be a dual benefit achieved by having that vet tech. Councilman Vincenzi asked about setting ground rules and policies and procedures. Ms. Saunders informed him she had already done that and that it was included with their agenda packet. She stated City Manager Williams allowed her to have a meeting with the Pet Society, the Shelter vet, Animal Control, the Police Chief and the City Manager. They went over organizational charts and talked about who would be responsible for what. They are going to rely on all of the volunteers that are included in the handbook. Councilman Vincenzi felt this was very important because operations like this can get out of hand very easily. He stated he would support it. Councilwoman Rhodes felt Ms. Saunders did a lot of work and it shows. She felt her presentation was excellent. She turned around Councilman Vincenzi and Councilwoman Rogers so she should know she did a good job. She stated she liked the handbook. She was very impressed. Councilwoman Rhodes stated she has always supported the Animal Shelter. She asked if they had a plan for hurricanes and fire evaluations. Ms. Saunders informed her there is a FEMA course they can give everybody who has a position in the volunteer handbook that talks about what you are supposed to do if that happens. She has contacted Volusia County Emergency Management and talked about this with the City Manager. We have an eighteen-wheeler type truck they can load the animals on. They will have an emergency callout system of volunteers. There was recently a fire down there between the roadway and the shelter and it was good practice for them. They discovered they needed a means of egress, which they have since taken care of. The volunteers already had resources in place to bring other vehicles down there if they didn't have enough room to load the animals on the eighteen-wheeler. Because Page 11 of 11 Council Regular Meeting June 4, 2007 o o the vet comes once a week and makes sure the animals there are adoptable and have all of their shots, they can load them all in the same place. There are only a few animals they keep isolated that are sick. Councilwoman Rhodes suggested people being able to bring their pets to the Shelter when they go on vacation and this possibly being a revenue source if there was room. Ms. Saunders stated vets sometimes supplement their income with boarding their patient's animals. That is definitely an option. Councilwoman Rhodes again informed Ms. Saunders she felt it was an excellent proposal and that she did a great job. She was very impressed. She will vote for it. Mayor Thomas stated thank God they finally got here. This was voted on before he took office. They have been through so many proposals and so many meetings. This one looks like it is going to work. He applauded Ms. Saunders on her presentation. He felt it was excellent. Ms. Saunders stated she had a ton of help. The Pet Society has done an incredible job. Ginger Bryant, the City Manager, the Police Chief and the Fire Chief. They all pulled together so it was a team effort. Mayor Thomas stated they have to start somewhere. The last VCOG meeting he went to Halifax Humane Society was there proposing for $80 a unit. Those other cities are looking to us as a model. They keeping asking him if Edgewater has done anything. They don't have anywhere else to shop. It can be an Enterprise Fund. They can do and they can make money on it. They could charge the cities a little bit more and our citizens a little bit less. He appreciated all the volunteers' efforts. He appreciated Councilwoman Lichter's efforts. That is one of her passions and one of his goals was to see something done before she left office because she has worked so hard at it. The citizens of Edgewater voted this in 2004. Let's get it done. Mayor Thomas called a ten-minute recess. The meeting recessed at 8:20 p.m. and reconvened at 8:30 p.m. Mayor Thomas opened the public hearing. The following Citizens spoke: Page 12 of 12 Council Regular Meeting June 4, 2007 o o Ethel Melder, 302 S. Ridgewood Avenue, Lot 2, stated she knows Animal Control is trying their best to take care of situations such as feral cats but situations come up where these cats, these people that are not following the rules and the law get cited and they say the next time they are going to court. That is the end of it and they never see them again. This is creating a major problem for all of them if they have people that are doing that. Why are not the laws that are on the books now enforced? If these people actually end up in court, maybe they will stop so they don't have those problems. She also wanted to know if she had a cage of her own if she could trap feral cats and call animal Control. They can't get anybody to do it. The City only has so many cages and maybe once a year they get to use that cage. She asked how they solve this problem. Councilwoman Lichter thought it was against the law. Ms. Saunders stated in Edgewater you have to be a licensed trapper. The Edgewater Animal Control Officers have their license through the State in order to trap. The problem they are running in to is the demand is so high for the traps and they have such a problem with feral cats they run out of room at the shelter. They can't keep up with the demands. They try to euthanize the animal that have been there the longest or that are sick so they can make room for the animals they bring in on a daily basis. They won't leave animals on the road. They have to have a place to put them. They are hoping this comes to fruition and it so pleases the Council and they elect to do the shelter it would give them additional space and additional revenue because they can adopt that animal out if it is not feral. Councilwoman Lichter stated they have thirty cats and kittens at the moment at the shelter. Ms. Melder stated a woman has not been taken care of according to the laws, she ended up with six kittens in her yard. She took care of them and got them all adopted out but she can't keep doing that. Unfortunately there are still a lot of cats running around allover. Mayor Thomas agreed with Ms. Melder and felt that could be used in the Enterprise Fund as more stringent regulations. The City is pretty lenient. Page 13 of 13 Council Regular Meeting June 4, 2007 o Q Ms. Melder stated a lot of people have been cited so many times that they don't follow through. Mayor Thomas stated hopefully they can enforce this more regularly. , Geraldine Bohn, 2923 Royal Palm Drive, stated she adopted a cat in California and the Humane Society there required an ID chip to be inserted into the animal so if the animal was a stray the animal control people could pick it up and scan it at their facility and call the pet owner. She didn't know how much the equipment cost or how much training was needed to insert the chip. She knows all the people won't follow this if the City adopts it, but she thinks this might bring in some revenue. She didn't know if the City would consider researching that and letting the public know and possibly considering this as part of the animal code the City already has in place. Ms. Bohn asked about the $500,000 that was raised two years ago. She wanted to know how the Council managed that money and how much interest was made off of that money in the two years. City Manager Williams informed her the $500,000 is kept in a separate fund, which is outlined in the bond covenants. As far as the interest, he would get Finance Director Brett Tanner to go over and get that information so he could tell them what the interest calculations have been since they have had the money. Ms. Bohn asked if the money has been kept in a CD and if they have invested that money. She asked if they have not co-mingled that money. City Manager Williams informed her the bond covenants prevent them from doing that. That is why it is in a separate bank account held at Wachovia. Ms. Bohn asked about the interest rate. City Manager Williams stated the last check they has was about $8,000 but he agreed to get Ms. Bohn that information before the close of business tonight. Ms. Bohn asked City Manager Williams what he thought of her proposal for the animal chip. She feels it would eliminate the amount of time that the animal was at the animal shelter and if the pet owner decides not to come and rescue their pet that they consider a reasonable amount of time to put that animal up for adoption. Councilwoman Lichter informed her there is five-days if no one claims them. Page 14 of 14 Council Regular Meeting June 4, 2007 o o Mayor Thomas felt it was a good idea and something they could look at down the line. They would have to look at the cost. Councilwoman Rhodes felt Ms. Saunders could research it and see if it is cost effective. Mayor Thomas mentioned some of the hunters putting them in their hunting dogs because of the hunting dogs being stolen. He didn't know what the cost was and informed her they would have to do some research. Ms. Bohn stated initially it might be a cost to the City but in the long run if people were responsible pet owners it might be a viable option. Ben Wagner, 2922 Unity Tree Drive, stated a few weeks ago they might have had the opportunity to see a picture of him in the paper holding an orange cat named Tangles that was rescued by one of the Animal Control Officers. Thanks to Lisa Saunders who rescued him and Donna Wagner, who has been taking care of him and Dr. McCartney who has been doing some checking up on him. He was so tangled up in a bunch of wires that he looked like a bug in a spider web. Ms. Saunders crawled under the trailer and got him out and cut most of the stuff off of him and brought him to Donna and she took the rest of the wires off of him and thanks to their work and the doctor's visits he ended up only losing part of one foot and he has done very well. That is an example of the type of work these people are doing down there. He felt if he would have brought Tangles and he could talk he would tell them how much he appreciates what they have done tonight and hopes that they will make a valiant effort to move on this right away and make a place down there that the citizens and the City will be proud of and the animals can survive in. Donna Wagner, 2922 Unity Tree Drive, stated if it hadn't been for Ms. Saunders crawling under that trailer, the kitten would have been dead. She has stood out on a corner in a Felix the Cat suit with a bunch of other people in the audience, one being Scooby Doo. They tried to get this bond issue done. They got it done. She knows there has been some mismanagement of other things. She wanted to know when they were going to put the shovel in the ground. Shirley Chambers, 112 W. Pine Bluff Street, agreed and stated she voted for it, a long with a lot of other people. They want this done. They have different contractors who recycle bottles and newspapers and asked if there was any Page 15 of 15 Council Regular Meeting June 4, 2007 o o way to even start, getting the construction companies that throw wood away to use it. She has seen whole sheets of plywood and bundles of shingles that are thrown out because the people paid for them and they aren't using it over. She asked if there is any way they could ask them. Mayor Thomas stated he hasn't known Ms. Saunders very long but what he has seen she is very innovative. Ms. Chambers feels there are ways to get it done. Mary Ann Henderson, 189 Costa Rica, stated they have Habitat for Humanity and asked why they can't have Habitat for the Animals. If they can build a whole block of houses get their name in the paper and in the news for doing that, why can't Edgewater. They said they want to be a model for the county and all the other places that are asking Mayor Thomas question about it. Why can't the builders in the area that are currently not real busy because there is such a lull in the building business, why can't they donate some of their time and supplies. The volunteers, she can pound nails and she can paint. She knows there are a lot of other people that can to. She has seen churches being built in a week's time around here. She doesn't know why they can't do it that way. It wouldn't cost all the money they are talking about and it wouldn't' create the delay and they wouldn't even have to have the animals outside to freeze in the winter and swelter in the summer. There are enough builders that have profited in this community that could give back to the community in some small way and utilize the people also in this area and all the volunteers and all the materials that are left over from the job sites. Mayor Thomas and Councilwoman Rhodes felt it was a good idea. City Manager Williams informed Mayor Thomas he had the interest calculations for the $500,000. Since they have deposited that money into their limited general obligation note construction fund, they have earned $21,950 in interest. Linda Small, 1629 Willow Oak Drive, stated she is an animal lover. She has rescued many animals in her life. She feels the community needs an animal shelter and is totally in support of this project. The Elected Representatives in Tallahassee are working diligently on property tax reform. They expect after the special session to see property tax Page 16 of 16 Council Regular Meeting June 4, 2007 o o reform including the form of government spending cap. They don't have any idea what those caps will be and how it will impact our local budget. The City has been very passionate about protecting City of Edgewater employee jobs. Rather than approving an almost quarter of a million dollar project, and in addition to that kind of money putting more headcount on the payroll that they have lived with the situation for this long. She suggested they delay it until the August meeting where they have had an opportunity to see what comes out of Tallahassee and see if $225,000 makes a difference to our public safety officers and other higher priorities and hopefully it won't. Hopefully they will be able to fund this project. She feels they all have a fiduciary responsibility to step back and say yes we all want it, we would like to fund it, but really we need to wait until the end of summer to see what is coming down the pike at them before they approve this type of spending. Councilwoman Rhodes stated the money to start this is already in the bank. Ms. Small stated she understood that but it is going to cost more than that. Councilwoman Rhodes stated they have $500,000 in the bank and it can't cost more than that. We don't have it to cost more than that. It is going to have to stay under that and they are going to have to see that it does. Ms. Small stated while Ms. Saunders did a wonderful job she has not costed this project out over a five-year project. She has costed the start up project. But they don't know what this is going to cost over the next five years. Councilman Vincenzi stated they talked about it. She has put a proposal forward. It is a good proposal. If they do it as an Enterprise Fund, they have the money there and they charge the people every month for the shelter. Every six months you review it. If you are making money as predicted, you lower the fee. If you aren't making money you keep it the same or you raise it. Gigi Bennington, 121 Virginia Street, stated she had occasion to go to the animal shelter this past Friday and she adopted a kitten she saw at PetSmart. She was appalled at the conditions out there. They are absolutely deplorable. People have been arrested for keeping their animals in the condition we are keeping our animals in out there. That is not a reflection on the volunteers. It is the condition of the shelter and the grounds. Page 17 of 17 Council Regular Meeting June 4, 2007 o o Ms. Bennington asked for clarification of Councilwoman Lichter saying we are a no kill shelter. Councilwoman Lichter confirmed she said low kill. There are occasions when they have to. Ms. Bennington commented on the line item on the presentation regarding revenue from the bond. She asked how that is determined. She wasn't sure of the amount because it was hard for her to see from where she was sitting. It was shown in the budget on the presentation. City Manager Williams thought the revenue line item she may be referencing was money that they are generating from the taxes, it is from the debt service. Ms. Bennington stated she called it Referendum Revenue. City Manager Williams stated that pays the debt service, the .06 mills. Councilwoman Rhodes informed her it was $33,111. Ms. Bennington asked Councilwoman Vincenzi if he was suggesting they make each taxpayer, each household, pay a $3 fee to keep this a float. Councilman Vincenzi informed her yes. Ms. Bennington stated instead of doing something like that because everyone that had animals or not would be paying this fee annually. She suggested they put an impact fee on animal control for any new buildings. Councilman Vincenzi stated they charge a fee now for animals they take in or animals that are brought in. Ms. Bennington informed him she was talking about permitting. When you take a permit out to build, you pay a recreation impact fee, you pay an impact fee for stormwater, why couldn't they create an animal control impact fee and let the new people coming in pay for the new costs that are going to be added on. Councilman Vincenzi asked the new people coming in where. Ms. Bennington informed him into the City. Councilman Vincenzi stated on new housing. Ms. Bennington informed him any building that is built pays. Councilman Vincenzi asked how they are going to pay for the operation in the mean time. Councilwoman Rhodes stated she understood where Ms. Bennington was going. We already have a police impact fee and this is under the Police Department. Why doesn't that impact fee be increased by a small amount or part of that money go to the shelter. Councilman Vincenzi stated impact fees are a special case. You can't arbitrarily assign impact fees. Ms. Bennington Page 18 of 18 Council Regular Meeting June 4, 2007 o o informed him she understood that. You have to go through due process. Councilman Vincenzi stated and you have to use the impact fee money for approved purposes. Ms. Bennington stated she understood that. That is how we got the parks that we have now. Councilman Vincenzi stated let's say you do that and let's say it takes five months to go through the discussion process, new houses come in, you start collecting the fee, you probably aren't going to see any significant revenue for a year and a half or two years. Ms. Bennington informed him she understood that. They are going to have to float it for a while. She has no problem with that. Councilman Vincenzi asked her who was going to pay for it in the meantime. Ms. Bennington informed him the users. A person that does not have an animal should not have to pay. Councilwoman Lichter stated why, she pays for schools. Ms. Bennington stated but you benefit from schools. Ms. Bennington stated she is just looking at alternatives rather than across the board tax raises, which is what everybody is concerned about. It is just a suggestion as a way to increase revenue. Councilman vincenzi stated he is concerned about paying for the operation without using tax dollars so you either charge a fee or you use tax dollars. Ms. Bennington stated the impact fee could replace. Councilman vincenzi stated eventually, possibly but not initially. City Manager Williams stated typically impact fees are assessed and generated as a result of growth and are restricted for capital items, not necessarily operational items. They have looked at a proposal to establish a general government impact fee but that would address the building and future expansions of the building but not necessarily the operation. Ms. Bennington stated they can't wait too long to start this. They are way over due. She applauded the Council if they take action on this tonight. It needs to be done. Councilwoman Lichter stated she was ready to make a motion. It can't wait. Mike Visconti, 316 pine Breeze Drive, stated being a builder in Edgewater, he will use his expertise to work with the City and make sure that the budget meets the budget they have to build their building. This way they Page 19 of 19 Council Regular Meeting June 4, 2007 o o could get started right seat. The quicker they get the building. away. The City is in the driver's get the permit, the quicker they Ginger Bryant, 423 N. Glencoe Road, New Smyrna Beach, stated she is the Veterinarian that has been currently helping take care of the animals since March 9th. They have done an excellent job down there. It's not the safest facility and some of the Animal Control Officers have had to bring some of the bigger animals to her facility so she can examine them. It has certainly been a challenge. It isn't one she thinks she was completely ready for. She learns every day because she is not a shelter medicine veterinarian. On March 9th she went to the facility and there were about 35 cats with about 15 new kittens that had been fostered in a lot of people's homes for nothing. They came in healthy. She examined them. She commented on a sick kitten that was brought in on May 17th because it was exposed to other adult animals because the facility is over crowded. That is sad. But it is fixable under Ms. Saunders plan but she has to run it. She is strong. She has worked with her since March 9u. She has taken a facility that was on the brink of destruction and given the City some amazing information that they shouldn't throw away. She stated it is hard going down there every Wednesday and personally she has euthanized about ten animals and they all needed it due to not being placeable or had illnesses that couldn't be fixed. She commented on the cats that Donna Wagner is taking care of because there is no room at the shelter. She has three animals in her facility, one having been in her facility since March 17th. If she were to charge somebody boarding for the one cat she has it would be about $900. That is her part. The City of Edgewater is not getting charged for that. She is going to get spayed next week and then they will adopt her out. That is her way of helping the City. She stated Lisa Saunders is the driving force behind this and if they don't have someone like her it will fail because she is strong. Karen Mason, 1847 Coco Palm Drive, thanked everybody who came tonight for the animals. She thanked everybody who has supported and donated anything they could to help keep this running. She prayed the Council would do the right thing and get them moving and get them to where they will be proud of what they have in this City. Page 20 of 20 Council Regular Meeting June 4, 2007 o o Councilwoman Lichter stated she cannot personally, and she goes in seven days a week unless she has a meeting, she cannot last much longer in what they are dealing with until August. She can barely walk on the territory. She is 76 years old and they should not wait. She is proposing to make a motion on this subject this evening. In the end of this, every time they do a load of clothes the toilet won't fill up with water. Mayor Thomas entertained a motion. Councilwoman Lichter made a motion to accept Lisa Saunder's Edgewater in-house solution for having our own shelter with a five year review in place to make sure the money balances starting immediately, second by Councilwoman Rhodes. Councilwoman Rogers stated she wanted to see this with a one-year review. City Manager Williams informed her it would be part of their annual audit. The MOTION CARRIED 5 - 0 . Councilman Vincenzi asked if they could give anyone in the room an estimate as to when this will start or what the process is. City Manager Williams stated they would meet tomorrow and start the discussions in moving forward with the construction plans. He didn't want to speculate but estimated about six months. Councilwoman Rhodes suggested they make it happen by the end of the year. City Manager Williams stated with the approval tonight they are going to move forward with advertising for a shelter manager. 5. CITY COUNCIL REPORTS Councilwoman Lichter commented speaking on behalf of the Council at the Memorial Day ceremony. Mr. Visconti stood behind the wreath during the service. It really was a beautiful occasion. She was happy to see the Nam guys and ladies that are starting to join the Veterans group. Councilwoman Lichter stated she has been thinking of ways for the City to make money. About three years ago they had an Anti-Litter Committee and she worked with the Chamber on it. She showed the bumper stickers they had printed to put on the back of cars so if they see people throwing stuff Page 21 of21 Council Regular Meeting June 4, 2007 o o out they could contact the Police Department. They have never gotten the signs on SR 442 or the signs on u.s. #1 that say littering has a fine. She believes the Police could raise money by ticketing people for littering. It may raise something and keep our City cleaner. Mayor Thomas asked for a show of hands of the City employees that were at the meeting. He thanked them and applauded them for being there. He has seen a lot of improvement. He commented on the appearance of the Public Works Department. It really looks good out there. Mayor Thomas stated he heard a rumor that the only reason the City employees are coming to the meetings is because they are scared for their jobs. He didn't believe that. He thinks they are becoming more informed and aren't hearing stuff through the rumor mill. He thinks after the tax crisis hopefully we will come out pretty good. He expressed his appreciation for the City employees' support. Councilwoman Rogers had nothing at this time. Councilman Vincenzi stated City employees and rumors. The only way to find out what is really going on is to call people that know what is going on, not listening to rumors that circulate around. If they don't call the Councilor City Manager or department head all they are going to hear is non-factual stuff. Councilwoman Rhodes stated she thinks too many rumors have gone around and too many employees have been too scared for too long. She thinks the challenge before the Council should be not what Tallahassee is going to do but whatever Tallahassee does they find a way to make revenue to support their employees. She doesn't think they should be blaming this on Tallahassee. She feels they need to be innovative and creative and find a way to keep their services the way they are. 6. CONSENT AGENDA A. Memorandum of Agreement with Florida Department of Health, Volusia County Health Department and the City for Rabies Control Activities Lead Animal Control Officer Saunders made a staff presentation. Page 22 of 22 Council Regular Meeting June 4, 2007 o o Councilwoman Rhodes moved to approve the Consent Agenda, second by Councilwoman Lichter. The MOTION CARRIED 5 - 0 . 7. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Res. No. 2007-R-06, adopting VCOG's Smart Growth Committee recommendation to consider lands contained in Map "A" as Environmentally Sensitive Lands to be conserved for future generations City Attorney Ansay read Res. 2007-R-06 into the record. City Manager Williams made a staff presentation. Mayor Thomas commented on how this affects the City. He feels this is a fantastic idea. Due to there being no comments, Mayor Thomas opened and closed the public hearing and entertained the motion. Councilwoman Lichter moved to approve Res. 2007-R-06, adopting VCOG's Smart Growth Committee recommendation to consider lands contained in Map UA" as Environmentally Sensitive Lands to be conserved for future generations, second by Councilwoman Rhodes. The MOTOIN CARRIED 5-0. B. Public Hearing, Laura Berg and James Locke on behalf of the Edgewater United Methodist Church, 211 N. Ridgewood Avenue requesting a Special Activity Permit for a July 4th Celebration and Barbeque with outdoor music Development Services Director Darren Lear made a staff presentation. Due to there being no comments, Mayor Thomas opened and closed the public hearing. Councilwoman Rhodes disclosed she worked for this church for fifteen years and she is a member of this church. Mayor Thomas entertained a motion. Page 23 of 23 Council Regular Meeting June 4, 2007 o o Councilwoman Lichter moved to approve the Special Activity Permit to allow Edgewater United Methodist Church to hold a celebration with outdoor music on July 4th, 2007 based on staff's recommendations, second by Councilwoman Rogers. The MOTION CARRIED 5 - 0 . C. 1st Reading, Ord. No. 2007-0-12, Trey Harshaw requesting an amendment to the Official Zoning Map to include 0.459t acres located at 1830 Orange Tree Drive as RP (Residential Professional) (rezoning) City Attorney Ansay read Ord. 2007-0-12 into the record. Development Services Director Lear made a staff presentation. Mayor Thomas opened the public hearing. Councilwoman Lichter asked if she was correct that someone from Planning & Zoning brought up the subject that on these corners there is going to be many of these type of situations and that there always won't be two driveways or there might be some problems. She asked if they needed to make some more rules or regulations in terms of these conversions. Mr. Lear informed her they are currently looking into that. They have downloaded the latest aerial photos to look at all those properties along SR 442. Each property is different and each applicant is going to have a different proposal. He doubts they could get every property where they wouldn't have to ask for a variance. Councilwoman Lichter spoke of a phone call she got three or four months ago that people that live next door to corner properties are worried about where the driveway is on the corner property. There might be a lot of traffic going in and out near their house, which is still residential. Those things are going to have to be considered. She asked if they are setting a precedent too soon without first putting into effect some rules and restrictions. Mr. Lear explained the residential professional district is pretty restrictive. It doesn't allow high, intense uses. Mayor Thomas closed the public hearing and entertained a motion. Page 24 of 24 Council Regular Meeting June 4, 2007 Councilwoman Rhodes move to approve Ord. 2007-0-12, Trey Harshaw requesting an amendment to the Official Zoning Map to include 0.459f acres located at 1830 Orange Tree Drive as RP (Residential Professional), second by Councilman Vincenzi. The MOTION CARRIED 5 - 0 . D. Public Hearing, Tom Valley requesting Preliminary Plat approval for a 130-unit townhouse community to be known as Edgewater Oaks, located east of Old County Road, north of Pearl Street (13.6! acres) Development Services Director Lear made a staff presentation. Glenn Storch, Law Firm of Storch, Morris & Harris, representing the applicant, stated as advertised this is exactly what they promised them before. This is the plat based on the zoning and the community they came up with before that is an infill development that they hope will help revitalize the U.S. #1 district. Councilwoman Lichter asked what price housing they are talking about. Attorney Storch stated it looked like they were looking from the very high l's to the medium 2's. Councilwoman Lichter hopes someday someone comes up with affordable housing. Attorney Storch stated at this point anything under 2 is workforce housing. This is something that will work with the community. Due to there being no comments, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilwoman Rogers moved to approve the Preliminary Plat for a 130-unit townhouse community to be known as Edgewater Oaks, second by Councilwoman Lichter. The MOTION CARRIED 5 - 0 . E. 2nd Reading, Ord. No. 2007-0-11, Halstead Resources, Inc. requesting an amendment to the Comprehensive Plan Future Land Use Map to include .63! acres of land located west of 121 W. Marion Avenue as Commercial) (small scale comprehensive plan amendment) - continue until June 18th Page 25 of 29 Council Regular Meeting June 4, 2007 o o Councilwoman Rhodes moved to continue Ord. 2007-0-11 until June 18tb, second by Councilwoman Lichter. The MOTION CARRIED 5 - 0 . 8. BOARD APPOINTMENTS There were no Board Appointments at this time. 9. OTHER BUSINESS A. Engineering Services Work Order #7 - staff recommending approval of proposal from Quentin L. Hampton Associates, Inc. for bidding oversight relating to ParkTowne Industrial Center Roadway Projects for Rowan Way and Base Leg Drive for an estimated cost of $19,800.00 and authorize the City Manager to execute the work order Director of Environmental Services Terry Wadsworth made a staff presentation. Due to there being no comments, Mayor Thomas entertained a motion. Councilwoman Lichter made a motion to approve Work Order #7 and authorize execution by the City Manager, second by Councilman Vincenzi. The MOTION CARRIED 5 - 0 . B. Animal Shelter - discussion item with City Council consensus to move forward with a specific option for the Animal Shelter This item was previously discussed on the agenda. C. New position - approval for creating a new position which will combine CRA/Grant Administrator and the Assistant City Manager's positions to create one position titled: Assistant to the City Manager/Special Project Coordinator City Manager Williams stated he originally put this item before Council after looking at the staffing associated Page 26 of 26 Council Regular Meeting June 4, 2007 o o with the Assistant Manager leaving and the elimination of the Grant Writer position. After further consideration his recommendation is to postpone it. They would like to implement and use flex time to try to accommodate the loss of this position. This was an after thought that was discussed last Thursday at their director's meeting and he evaluated it over the weekend and decided it would be a great place for them to try the flex time approach with this staff and himself participating. They are proposing that the City Manager and Paralegal will absorb the responsibilities of the Assistant Manager. It will translate into some less efficient operations in terms of administrative support. As a result of such, they want to implement and use flex time where appropriate. This reduction of this position represents a 33% reduction in the City Manager's department. As they go through and quantify the effects of the proposed property tax reform, they will have an opportunity to reevaluate this at some later date should they find out flex time does not work out. Councilwoman Lichter commented on using volunteers at the shelter. She thought maybe there were people that were good that were retired that could answer phones. She mentioned bringing this up at the meeting with the public. City Manager Williams responded by saying one of the largest areas they struggle is the time frame with receiving questions from citizens and then responding back to them. Councilwoman Rhodes commented on having a volunteer to answer the phone. Most people are very nice about the time it takes to solve a problem. What they aren't nice about is when they call and want someone to call back and they never do. That makes people mad and it makes her mad. City Manager Williams commented on being faced with certain scenarios. They also rely on other departments where they can. They will certainly explore those opportunities. 10. OFFICER REPORTS A. City Clerk City Clerk Wadsworth had nothing at this time. B. City Attorney Page 27 of 27 Council Regular Meeting June 4, 2007 o o City Attorney Ansay had nothing at this time. C. City Manager City Manager Williams reported that the City has received notice from the Public Employees Relation commission that the Edgewater Police Officers via the Fraternal Order of Police has filed a charge, which alleges unfair labor practices as a result of the City's decision to terminate the janitorial services contract in an effort to save money. In the complaint, the FOP alleges that the City has changed the conditions of employment by requiring the officers to assume responsibility of cleaning the Police Department. Furthermore the FOP claims that the City's actions are a result of heated collective bargaining issues and is an attempt on behalf of the City to intimate bargaining unit members. At this point, they are going to have to turn this over to our labor attorney to respond on the City's behalf to the complaint. City Manager Williams stated they have to have a discussion regarding the rescheduling of the meeting in September due to it falling on Labor Day. He thought the last time this happened they moved it and had two meetings back to back. He asked if that was something Council wanted to entertain. They will work out those dates and bring back some suggestions for Council. 1) Tentative Agenda Items 11. CITIZEN COMMENTS The following citizens spoke: Linda Small, 1629 Willow Oak Drive, asked if the Council ever decided on a budget workshop date. Councilwoman Rogers informed her the meetings would be held on July 27th from 9 a.m. to 5 p.m. and August 15th from 5 p.m. to 10 p.m. if they need it. Dave Ross, 2803 Needle Palm Drive, stated he was glad to see the animals are going to get taken care of. Regarding the survey it is his understanding that one of the questions was prefaced with a statement that there are currently 12,000 residential units approved for construction. He comes up with about 1/3 of that number, Page 28 of28 Council Regular Meeting June 4, 2007 o o about 4,000 plus or minus. He would like to know where the 12,000 new homes are going to be built that have already been approved by Council, because that is what the statement by the survey people indicated, already approved. City Manager Williams thought that question incorporated the 9,000 proposed units for Restorations. Mr. Ross informed him he didn't believe the survey people told the people they were questioning that. When the results are available on the survey, the people need to realize the answers were based on inaccurate information because that is not accurate. 12 . ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 9:36 p.m. Minutes submitted by: Lisa Bloomer Page 29 of 29 Council Regular Meeting June 4, 2007