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04-21-2003 - Regular 'w' 'WII CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 21, 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 MINUTES There were no minutes to be approved at this time. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A. Recoqnition of appointed/reappointed Board/Committee members There were no Board/Committee members to be recognized. CITIZEN COMMENTS Phillip Clark, 2941 Oak Trail, he asked for Council to look at some improvements in the Little League baseball program. They have two weeks left and have played twelve games. He spoke of the money they have spent on their team. He suggested a Summer and Fall league. He, as well as some of the other parents, would be more than willing to sit on a Committee and give suggestions and give more of their time. He heard the batting machine was going away. He hopes this isn't true. They have a gentleman that took his own time and went out and repaired the batting '- ...., machine this year. He stated they need balls for the machine, which he has asked the City to purchase. Mayor Schmidt asked if they could set something up. He feels with the new ballfields now may be a good time to start planning and looking into different things to see what kind of improvements they can get going. City Manager Hooper asked if the Council wanted to have a work session with regard to recreation. Councilwoman Lichter asked if New Smyrna offers a longer season. City Manager Hooper agreed to find out. Darrell March stated the batting cage was down almost three weeks and it took a toll on trying to teach the kids to bat. He had to sign a waiver with the City in order to fix the machine. He fixed it and it is working alright now. He suggested since he was fixing the machine that the City buy a case of balls. Last year he bought a case of balls for it. He was told the City would not buy any balls because they would be stolen but suggested the coaches get together and buy a case of balls. He also suggested they have a Fall and Summer League for the kids. He spoke about not having batting cages at the new fields. He feels they are a very good learning tool for kids that want to play ball. He suggested they have batting cages at the new fields. CITY COUNCIL REPORTS Councilman Brown complimented the Police Department for keeping an eye on the kids at the YMCA after it had closed. He feels this is great public relations. Councilman Hammond had nothing at this time. Councilwoman Rhodes had nothing at this time. Councilwoman Lichter spoke about homeowners groups and various bodies of water within the domain of the homeowners groups. She spoke about Shangri La and the City owning their retention ponds. She then mentioned a complaint she received from two families in Edgewater Landing recently regarding the wetlands area behind Edgewater Landing. She then spoke about other situations in Meadow Lake. Page -2- Council Regular Meeting April 21, 2003 ~ ~ Councilwoman Lichter spoke about getting more developments that have bodies of water in them. She feels when someone purchases a home the previous homeowner or the realtor should be telling people when they have wetlands behind them. She suggested putting something in the newsletter that the Homeowners Associations can contact Mr. Wadsworth and he can give them a new set of the rules and regulations and that they should pass them on to their members. Councilwoman Lichter asked the status of the turn signal on Park Avenue and u.S. #1. Mayor Schmidt stated the turn signal is there. Mayor Schmidt spoke about two articles that were in the News Journal today. He mentioned the bed tax and the Ocean Center expansion. Steve Dennis was gracious enough to come by and give them a little more insight on this. Steve Dennis, Southeast Volusia Chamber, spoke about the proposal for the half penny resort tax for the expansion of the Ocean Center. What they really said is if they can't figure out another way to put all these other pieces together, for a half penny they are just going to pass a whole penny. He commented on what this means for Southeast Volusia. We will be paying an additional $250,000 annually to go toward funding for the Ocean Center. He spoke of there being no real evidence that shows that anybody other than the Halifax area receives a direct benefit from the Ocean Center. He then spoke about an increase in ad valorem taxes if they built additional hotels for that particular area. Mr. Dennis stated most people think that the only thing that is really affected is a hotel or motel. What is really affected is every rental that is under six months. Their take here will jump from about $550,000 to about $800,000 plus annually just out of Southeast Volusia going to the Ocean Center. It isn't that we don't want them to have the expansion. The problem is we don't feel that it is fair for us to have to pay for the expansion. We have already been paying it since 1985. Mr. Dennis spoke about having a lack of meeting space in West and Southeast Volusia and not being able to use any of the money we are creating to generate our own meeting spaces. All of that money goes to the Ocean Center. Page -3- Council Regular Meeting April 21, 2003 ..... ..."., Mr. Dennis then commented on concerns from a business point of view. Mr. Dennis spoke about generating about $550,000 per year since 1985. They have been trying for three years to get some real definition of where those expenditures went. Mr. Dennis stated they are asking the Council to express their particular feeling toward the resort tax and for Council's support to oppose an increase in the resort tax. If they tack on this additional one penny, we will be the third highest taxing County in the state. They are asking the Council to look at other options to fund this and to be funded out of the area that receives the most benefit from it. Councilwoman Lichter asked if the enlargement of this facility impacts the river. Mayor Schmidt stated the two parking garages that are to the west of the Ocean Center would be the expansion and then there is a two block area to the north that they have already bought all the houses except one, where the new parking garage would go. Councilwoman Lichter made a motion to accept the April 21st letter saying Edgewater opposes the proposed tax increase, second by Councilwoman Rhodes. The motion CARRIED 5-0. Councilwoman Lichter asked where the line will draw itself. Mr. Dennis spoke about there being quite a few accommodations people in the Halifax area that are not necessarily supporting the increase in the tax. There is a group in Southeast Volusia that is forming a defense fund and they are seeking some legal defense. Councilwoman Lichter asked if there are two more Chambers between Oak Hill and Ormond Beach. Mr. Dennis stated in the Halifax area there is the Port Orange/South Daytona Chamber. There is the Halifax Chamber, the Holly Hill Chamber and the Ormond Chamber. On the west side of the County is the West Volusia Chamber and the Greater Deland Area Chamber of Commerce. Page -4- Council Regular Meeting April 21, 2003 ~ ..., Mr. Dennis stated the West Volusia Chamber will probably not support this. The Deland Area Chamber has not taken a position yet but the feeling is they are not in favor of it. Port Orange/South Daytona does not really have a strong accommodations industry. Halifax Chamber has already come out in support of the one penny, which he would expect. The Hospitality Managers Association is opposing it. Councilman Hammond stated they can not account for all the money that has been put into this since 1985. Mr. Dennis commented on when the Ocean Center was originally built and funded with bonds. He spoke of the bonds being refinanced twice. Mayor Schmidt stated they appointed a local resident to the MPO Bike Pedestrian Task Force the middle of last year who is no longer able to serve on it. They are going to appoint Lynne Plaskett. He commented on what the Bike Pedestrian Task Force does. Mayor Schmidt spoke about the other article in the newspaper regarding the closest unit response. They sent a letter off. City Manager Hooper stated there is a meeting on April 23rd at the Airport to go over the comments to date and the County is going to respond. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 1st Readinq, Ord. No. 2003-0-08, amendinq the Future Land Use Map from County Commercial to City Commercial with Conservation Overlay for .37+ acres of property located at 3665 S. Ridqewood Avenue City Manager Hooper made a staff presentation. Staff recommends approval. Paralegal Matusick read Ord. 2003-0-08 into the record. Councilwoman Lichter asked if they are talking about the east or west side of U.S. #1. City Manager Hooper informed her the east side, in front of Waterway Park, south of Godfrey Road. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Page -5- Council Regular Meeting April 21, 2003 "-' ....", Councilman Brown moved to approve Ord. 2003-0-08, second by Councilwoman Rhodes. The motion CARRIED 5-0. B. 1st Readinq, Ord. No. 2003-0-09, amendinq the Future Land Use Map from County Commercial to City Commercial with Conservation Overlay for 7.0+ acres of property located alonq the west side of US 1 and south of the East Wind Subdivision City Manager Hooper made a staff presentation. Staff recommends approval. Paralegal Matusick read Ord. 2003-0-09 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Hammond moved to approve Ord. 2003-0-09, second by Councilman Brown. The motion CARRIED 5-0. C. 1st Readinq, Ord. No. 2003-0-10, amendinq the Future Land Use Map from County Urban Low Intensity to City Low Density Residential for property located at 117 Palm Breeze Drive City Manager Hooper made a staff presentation. Staff recommend approval. Paralegal Matusick read Ord. 2003-0-10 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Brown moved to approve Ord. 2003-0-10, second by Councilman Hammond. The motion CARRIED 5-0. BOARD APPOINTMENTS There were no board appointments at this time. CONSENT AGENDA A. Surplus Items - staff recommendinq approval to declare a list of items as surplus and allow for disposal by auction or trash Page -6- Council Regular Meeting April 21, 2003 ~ ...., Councilwoman Rhodes asked about the cell phones. She asked about a program to give cell phones to domestic abuse victims. Police Chief Ignasiak stated they have so many right now they don't know what to do with them. Councilwoman Rhodes moved to accept the Consent Agenda, second by Councilwoman Lichter. The motion CARRIED 5-0. OTHER BUSINESS A. Enaineerina Services - staff recommendina approval of Work Order 2002-09 for Gierok Enaineerina, Inc. to perform necessary site analysis to assess the Volusia County School Board property at the northeast corner of 12th Street and Manao Tree Drive for off site compensation stormwater storaae for the ParkTowne Industrial Center at a cost not to exceed $20,740.00 and authorize the City Manaaer to execute the work order City Manager Hooper made a staff presentation. Staff recommends approval. Councilwoman Lichter asked where they came up with the price for the Engineering firm. City Manager Hooper stated it was submitted by Gierok Engineering, Inc. Councilman Brown questioned if this is the property he has mentioned before to put bike trails and trails for people to walk on. He questioned if it would be possible that there would be some land left over where they could do something like that. City Manager Hooper stated he thinks the study being done will tell them that. He is guessing 27 acres will work as a pond and the Council can tell him what they want to do with the remainder. Councilwoman Rhodes asked if there is some way that they can get assurance from the School Board that they will sell it. She doesn't want to pay $20,000 and then they don't want to sell. city Manager Hooper elaborated on her concerns. Councilwoman Lichter asked if the School Board has studies of this property. City Manager Hooper stated they have studies determining it is wet above ground. City Manager Hooper stated he is convinced they are going to, if they show them it works, work with the City over it. He agreed to give them a call before he executes the work order to verify that they are willing to sell. Page -7- Council Regular Meeting April 21, 2003 .....,. ..., Councilman Hammond asked if that includes the property across from Public Works. City Manager Hooper informed him no. Councilwoman Lichter moved to expend the $20,740 for engineering services to determine the feasibility of using the property on Mango Tree for water retention to be proceeded by a rather firm commitment that the Board of Education wishes to sell the property, second by Councilman Hammond. The motion CARRIED 5-0. B. Stormwater Manaqement Master Plan Phase I - staff recommendinq approval of the Stormwater Cost-Share Aqreement between the st. Johns River Water Manaqement District and the City of Edqewater: authorize Work Order 2002-0-02 for Professional Enqineerinq Consultants (PEC) to perform analysis and tasks associated with the prolect for a cost not to exceed $164,300: and authorize the Mayor to execute the documents City Manager Hooper disclosed his relationship with PEC and made a staff presentation. Councilwoman Lichter asked how many years this might take. City Manager Hooper elaborated. It's probably a twenty year list of projects. Councilwoman Rhodes asked City Manager Hooper since he is part owner if he could lower the price. City Manager Hooper informed her Mr. Wadsworth negotiates the price. Councilwoman Rhodes questioned Task 5 being a Prioritized Listing of Stormwater Improvement Projects and City Manager Hooper or Mr. Wadsworth prioritizing the list. She questioned if this would save them any money. City Manager Hooper stated not really. He spoke of fixing a problem that could move the problem somewhere else. You have to do the conveyance system all the way to the river and fix each of the steps as you go through it. Councilman Brown moved for approval, second by Councilman Hammond. The motion CARRIED 5-0. C. Environmental Reviews - staff recommendinq authorization to utilize the services of Vol usia County Environmental Manaqement Division for environmental reviews on subdivisions, commercial sites and residential lots with wetlands. The City will be billed at a rate of $73.28 per hour, reimbursable bY the applicant Page -8- Council Regular Meeting April 21, 2003 ....- ...." City Manager Hooper made a staff presentation. Councilwoman Lichter asked if we have maps that show in the present developments where the wetlands are located. She feels these critical wetlands need to be identified. Councilman Brown stated he asked the County what procedures they had gone through, what research, who did the research and he asked them to send it to us. He spoke of studies that have been made with regard to setbacks. He questioned if this has been sent to us. City Manager Hooper stated they sent us the Statutes, the adopting ordinance when they wrote the Charter but there isn't a lot of backup. Twenty-five feet is a standard number in all cities in Volusia County's Comprehensive Plans. The fifty feet from ordinary high is in most of them. If you don't have the twenty-five foot buffer from the wetlands you aren't going to get it approved. At some point, it has become almost a mandate. OFFICER REPORTS City Clerk Wadsworth had nothing at this time. Paralegal Matusick had nothing at this time. City Manager Hooper informed Council they will have a work session on May 5th at 6 p.m. to discuss the Special Master for Code Enforcement and Animal Control. Mayor Schmidt reminded Council of the VLOC Dinner on Thursday. Councilwoman Lichter reminded Council of the yard sale being held by the Pet Society on Friday and Saturday in the Community Center. 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 8:04 p.m. Minutes submitted by: Lisa Bloomer Page -9- Council Regular Meeting April 21, 2003