01-06-2003 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEE TING
JANUARY 6, 2003
7:00 P.M.
COMMUNITY CENTER
MINUTES
CALL TO ORDER
Mayor Schmidt called the Regular Meeting to order at 7:00 p.m. in
the Community Center.
ROLL CALL
Mayor Donald Schmidt
Councilman James Brown
Councilman Myron Hammond
Councilwoman Harriet Rhodes
Councilwoman Judith Lichter
City Manager Kenneth Hooper
City Clerk Susan Wadsworth
Paralegal Robin Matusick
Present
Present
Present
Present
Present
Present
Present
Present
INVOCATION, PLEDGE OF ALLEGIANCE
There was a silent invocation and pledge of allegiance to the
Flag.
APPROVAL OF MINUTE S
A. Reqular Meetinq of November 18, 2002
Councilwoman Lichter moved to approve the November 18, 2002
minutes, second by Councilwoman Rhodes. The motion CARRIED 5-0.
PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS
A. Recoqnition of appointed/reappointed Board/Committee members
There were no Board or Committee members to be recognized.
B. Meet and welcome newly elected County Councilman Jack Havman
Mayor Schmidt introduced former Mayor of Edgewater Jack Hayman
who is the newly elected County Councilman.
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County Councilman Jack Hayman spoke of what the Edgewater City
Council has been doing at the County and state level. He
commented on the Consolidated Dispatch between Port Orange, New
Smyrna and Edgewater. He congratulated the City for what they
have done. He went on to speak about the County Firefighter
initiative and the challenge out there that has to do with the
level of service. He feels communications will effect what the
County and cities in Volusia County will deal with in the future.
He also commented on challenges that face us in the future. The
City of Edgewater is already working out an agreement with the
County to define the general parameters of what we are going to
look like and how we are going to get from here to there. He
further spoke about the Comprehensive Planning process.
County Councilman Hayman went on to speak about water issues and
the capital investments in Edgewater. He feels the bottom line
is we have to solve the water problem within the next six months.
He then spoke about needing managed growth, not controlled
growth.
County Councilman Hayman then spoke about our economy and the
ParkTowne Industrial Center.
County Councilman Hayman stated it is an honor to represent
Edgewater and he offered his services. He considers himself an
integral part of the staff Edgewater has.
Mayor Schmidt stated he would like to draft a letter and pass on
an invitation to the County Council at Large members to come to a
Council meeting to introduce themselves. City Manager Hooper
agreed to do that.
C. Mayor to present plaques to C.A.P. members Bob McGovern, Jim
Slemp, Don Crawford, Beverly McGovern, Emilio Iezzi, Ruth
Wahlers, Albert Keller, Louis Schatzel, Connie Filer, Wynona Gaye
Slemp, Anthony Marco, Ronald Lucas, Dale Younq, Clare Gebelein,
Charles Pentz and Reqina Needham for their dedication to the
citizens of Edqewater
Police Chief Ignasiak thanked the C.A.P.'s members. He
introduced Tim Ball, coordinator of the C.A.P's unit as well as
the Crime Watch Unit.
Police Chief Ignasiak further spoke of how valuable this service
has been.
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Council Regular Meeting
January 6, 2003
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Tim Ball presented plaques to the above mentioned C.A.P.'s
members.
Mayor Schmidt thanked the C.A.P's members.
CITIZEN COMMENTS
Dominic Capria, 606 Topside Circle, stated at the last minute the
Council approved the refuse collection. He agrees with keeping
the workers. He asked how many homes there were and Councilwoman
Rhodes briefed him that 700 businesses are also paying for this.
He asked how much the businesses are paying and how many homes
there are. City Manager Hooper stated there are about 9,400
homes and the commercial are paying $2 more per month than
residential.
Councilwoman Lichter asked if they have gone up
start at a $2 higher base and are going up $4.
Hooper stated when they went up they went up $2
residential.
$6 or did they
City Manager
more than the
Mr. Capria asked about the pickup on the 4' X 4'. Nobody has
told them what will be charged if it is over 4' X 4'. Mr.
Wadsworth stated in the ordinance it reads if it is approximately
a truck full then the charge would be $40. They are trying to
work out some of the mechanics and some of the margin loads. The
base charge on large loads is about $40. Every additional yard
is $10.
Mr. Capria then spoke about Item SA & 9B. He asked if street
lighting, retention ponds, etc. will be paid by the residents of
these associations or will the City be picking up the tab.
City Manager Hooper stated Item SA has nothing to do with
property. That is Articles of Incorporation to make the C.A.P.'s
Neighborhood Watch an incorporated entity so they can raise money
similar to the volunteer Fire Department.
City Manager Hooper explained Item 9B is the Parktowne Industrial
Park and that is essentially the same. That is a Homeowner's
Association set of covenants and restrictions and how it will be
governed. They will still pay the same utility charge. The
individuals will be paying, the City will not be paying. They
will be paying their street lighting and the utility service to
it. There may be some stormwater that goes through the park that
currently the City takes care of because it is a canal. That
will continue. The actual stormwater maintenance will be a
different issue and there will be stormwater utility fee for
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Council Regular Meeting
January 6, 2003
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Councilwoman Lichter explained many of the new homeowner's
associations will be having similar things to Edgewater Landings.
In the case of Item 9B they are talking about an industrial park.
Mike Visconti, 316 Pine Breeze Drive, congratulated the Council
and Mayor and City Manager Hooper for the wonderful job they have
done in the past years. He also congratulated County Councilman
Jack Hayman. He asked if there has been any progress made on
stop signs on Roberts Road coming out of Meadow Lake Subdivision.
City Manager Hooper stated traffic counts need to be done before
they can do anything with that. They will be looking into that
but haven't completed it.
Mr. Visconti stated County Councilman Hayman just brought up a
good point about where we are going to be in the next ten years.
He spoke of there being no money in the budget for
beautification. At the last meeting of the Recreation/Cultural
Services Board they discussed this and he asked if it is possible
to place on the water bill to ask for donations for the
Beautification Committee.
CITY COUNCIL REPORTS
Councilman Brown thanked Leisure Services for an exceptionally
fine parade. He also thanked the Police for their traffic
control over the holidays.
Councilman Hammond had nothing at this time.
Councilwoman Rhodes congratulated County Councilman Jack Hayman.
She also thanked the C.A.P.'s officers and expressed her
appreciation for them.
Councilwoman Lichter commented on changing our ordinances, rules
and regulations in 2001. She stated some of these rules are a
hardship on some of the industrial parks that are ancient. She
has been getting some of those complaints. She feels they have
to look at grandfathering some of the problems with these older
places or a little special consideration.
Councilwoman Lichter further spoke of the industrial park behind
Regions Bank. We have a rule that says if an establishment is
enlarged or changed substantially or if its use is changed, that
they must be brought up to Code. It is hard to get people with
the changeover to get into these little buildings to have these
small industrial parks. She feels they really need to look at
some of these older places.
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Councilwoman Lichter then spoke about very deep potholes on u.s.
#1 and Palm Breeze Drive. She feels when the state came through
they missed these potholes or created them. She explained it is
going to be hard to get someone to come back but that they would
try. She asked if someone could look at these.
Councilwoman Lichter went on to speak about receiving a second
recycling bin. She spoke of the handouts the City gives out with
the recycling bins.
Councilwoman Lichter then spoke about the Pet Society Inc. She
spoke of severing ties with the Humane Society. At the moment,
we have a band-aid type of animal shelter. She commented on the
next fundraiser for the Pet Society Inc. being a Have A Heart Hoe
Down. There will be dancing and a bar-b-que. They have to raise
$350,000. The City has cooperated in that Lynne Plaskett is
writing grants, they have leased them three acres of land on SR
442 and City Manager Hooper is going to sit down with them, an
architect, two veterinarians and a couple of people on the board
and draw out a building and what their needs are in terms of
animal shelter for the cats and dogs in our City. Those of them
that can will go forth to people and ask for pledges. Tickets
can be obtained at Brown's Book Store. The Fire Department has
also placed two phone numbers you can call on the marquee.
Mayor Schmidt stated recently DOT has installed cameras at SR 442
and u.S. #1. He asked if we know the purpose of them and the
reason they put them in there. City Manager Hooper stated
typically they do that when they are going to have some of those
advance signs, such as congestion ahead but that doesn't make any
sense there. He agreed to find out.
There was a ten-minute recess at this time due to the power going
out.
PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. 2nd Readinq, Ord. No. 2002-0-22, Mary D. Hansen, Esquire,
aqent for owners Rick and Sheila Rosen, is requestinq annexation
of approximately 23.5 acres of property located at 3149 W. Indian
River Boulevard into the City of Edqewater
Paralegal Matusick read Ord. 2002-0-22 into the record.
City Manager Hooper made a staff presentation.
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Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Rhodes moved to approve Ord. 2002-0-22, second by
Councilwoman Lichter. The motion CARRIED 5-0.
BOARD APPOINTMENTS
There were no board appointments at this time.
CONSENT AGENDA
A. Edqewater Citizen Watch Association, Inc. - staff
recommendinq adoption of Articles of incorporation and proposed
By-Laws of the ~Association"
Councilwoman Lichter moved to approve the Consent Agenda, second
by Councilwoman Rhodes. The motion CARRIED 5-0.
Mayor Schmidt commended the article that was in the newspaper the
other day that described the C.A.P.'s and the process Officer
Ball is working on with this to raise funds. He feels it is a
great idea. It is nice to see the Florida Shores Watch included
in this and he wished them good luck.
OTHER BUSINESS
A. Reclaimed Water Auqmentation Prolect Chanqe Order #1 - staff
recommendinq authorization for the City Manaqer to execute Chanqe
Order #1 for an amount of $14,151.26 to close out and accept the
~Prolect" with Wharton Smith, Inc. for a total contract amount of
$2,106,151.26
City Manager Hooper made a staff presentation. Staff recommends
approval.
Councilwoman Lichter asked if every item of our original contract
has been met and Mr. Wadsworth or staff has checked to make sure
everything was what we required. Mr. Wadsworth assured her they
have had the final walk through inspection with the engineers.
with the Council's acceptance of the project tonight, tomorrow he
will send a letter off to St. John's requesting payment of our
$202,000 grant we have on the project for funding.
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Mayor Schmidt stated included in this entire project were some
new lines or redone lines across SR 442 as the road is built
which hopefully will effect the southern part of Florida Shores
where we have had pressure problems. Mr. Wadsworth explained
there were some new lines installed but they are part of the SR
442 project. They were done as part of the utilities relocation
and the widening of SR 442. They aren't directly related to
this. They put in additional high service pumping and did some
improvements at the plant as far as storage capacity and ability
to deliver but the lines themselves under SR 442 are part of the
SR 442 widening project.
Mayor Schmidt also stated we aren't backing down from the
enforcement of this. In order to make the whole system work,
they have to have the enforcement for people that don't want to
obey.
Councilman Brown moved to accept the Reclaimed Water Augmentation
Project Change Order #1, second by Councilwoman Lichter. The
motion CARRIED 5-0.
B. ParkTowne Industrial Center - staff recommendinq approval of
the Zoninq Aqreement and Declaration of Covenants, Conditions and
Restrictions of ParkTowne Industrial Center
City Manager Hooper made a staff presentation. He then went over
a map with regard to ParkTowne Industrial Center. He then went
over the interest that has been expressed to purchase property.
He pointed out some of these areas. The improvements are due to
be completed and dedicated to the City by January 20th. They are
now working on Phase II.
Councilwoman Lichter asked if there are different types of
industry going in different areas. City Manager Hooper
elaborated.
Councilman Brown asked if there is any plan to ever pave Flagler
Avenue. City Manager Hooper explained Flagler Avenue is not City
street or public right-of-way. That was vacated back in the
70's.
Councilwoman Lichter pointed out that 10th Street and Park Avenue
both going to Mission Road and Mission Road is going to be very
important in widening, fixing, getting rid of the curves and
bumps in the success of this project.
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Road
Manager Hooper stated the County has added Park Avenue on
five year road plan. It is due to be paved year three from
He also spoke about the plan to widen 10th street. Mission
is now going on the fifth year of the five-year road plan.
Mayor Schmidt hopes the County considers a guardrail along the
canal on Mission Road.
Mayor Schmidt asked if there are any big concerns that the other
owners have. City Manager Hooper commented on concerns that have
been expressed.
Councilwoman Lichter made a motion to recommend approval of the
Zoning Agreement and Declaration of Covenants, Conditions and
Restrictions of ParkTowne industrial Center to be brought back in
final form, second by Councilwoman Rhodes. The motion CARRIED 5-
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OFFICER REPORTS
City Clerk Wadsworth had nothing at this time
Paralegal Matusick had nothing at this time.
City Manager
1) Reschedule/cancel meetinq of Februarv 17, 2003 (Presidents'
l&Yl
It was the consensus of Council to have only one meeting in
February.
2) Draft Purchase and Sale Aqreement for property in the
ParkTowne Industrial Center
City Manager Hooper commented on the draft purchase and sale
agreement for property in the ParkTowne Industrial Center.
People that are coming in are being requested to place a 10%
earnest money deposit and there is a period of time for due
diligence for their planning and permitting to go through and
then a closing to occur. He will put it on the next agenda for
the balance of the zoning. His idea would be to set a floor
limit that we have a price and if somebody is interested in a
purchase sale agreement, these wouldn't come back individually.
The Council would authorize the Mayor to sign the purchase sale
agreement subject to the price being what has been set as a base
price.
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City Manager Hooper stated this will be on the next agenda for
those buying property but even beyond that for this upcoming
calendar year they are going to request the Council authorize the
Mayor to enter into the purchase sale agreement subject to those
conditions and that there are minor changes associated with each
one.
CITIZEN COMMENTS/CORRESPONDENCE
There were no citizen comments at this time.
ADJOURNMENT
There being no further business to discuss, Councilwoman Rhodes
moved to adjourn. The meeting adjourned at 8:15 p.m.
Minutes submitted by:
Lisa Bloomer
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