Loading...
02-02-2009 - Regular CITY COUNCIL OF EDGEWATER REGULAR MEETING FEBRUARY 2, 2009 7:00 P.M. COMMUNITY CENTER MINUTES THE MINUTES FOR THE MEETING WERE DONE FROM NOTES TAKEN BY THE CITY CLERK AT THE MEETING DUE TO PROBLEMS THAT OCCURRED WITH THE CD. CALL TO ORDER 1. Mayor Thomas called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Michael Thomas Present Councilwoman Debra Rogers Present Councilwoman Gigi Bennington Excused Councilwoman Harriet Rhodes Present Councilman Ted Cooper Present Acting City Manager Tracey Barlow Present City Clerk Bonnie Wenzel Present City Attorney Carolyn Ansay Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. 2. APPROVAL OF MINUTES There were no minutes to be approved at this time. 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DON ATIONS A. Presentation by the New Smyrna Beach Middle School FFA John Hughes , New Smyrna Beach Middle School, presented the Middle School FFA for their opening and closing ceremony. Page 1 of 11 Council Regular Meeting February 2, 2009 4. CITIZEN COMMENTS The following citizens spoke: Dominic Capria , 606 Topside Circle, asked what the City’s debt was. Finance Director John McKinney informed him $33 million and change. Mr. Capria commented on one person serving on more than one committee and he felt this should change. Other people have applied and he felt Council should put them on committees too. Barbara Herrin , ECARD, resubmitted the same letter as she did on 1/26/09 for the record, as she could not stay for the public hearings. 5. CITY COUNCIL REPORTS Mayor Thomas had nothing at this time. Councilwoman Rogers had nothing at this time. Councilwoman Bennington had nothing at this time. Councilwoman Rhodes felt the presentation by the FFA was great. Councilman Cooper read his report into the record. (Attached) 6. CONSENT AGENDA There were no items on the Consent Agenda to be discussed at this time. 7. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Richard Stonecipher requesting a Special Activity Permit for an Annual Bike Week Oyster Roast to be held on March 6, 2009 at Earthquake Magoons, 132 W. Park Avenue Acting City Manager Barlow made a staff presentation. He stated this event takes place once a year and there have been no issues in the past. Page 2 of 11 Council Regular Meeting February 2, 2009 Mayor Thomas asked if they opened at 7:00 a.m. Allison Shawn Marie , Manager, stated they did open at 7:00 a.m. Councilman Cooper moved to approve the Special Activity Permit for the Annual Bike Week Oyster Roast to be held on March 6, 2009 at Earthquake Magoons, second by Councilwoman Rogers . The MOTION CARRIED 4-0 . nd B. 2 Reading, Ordinance No. 2008-O-10 – Hammock Creek Green, LLC requesting amendments to the Comprehensive Plan to include text creating a new Sustainable Community Development Future Land Use category, amendments to the Future Land Use Map and map series of the Future Land Use Element and other applicable map series contained in the Comprehensive Plan City Attorney Ansay read Ordinance 2008-O-10 into the record. Development Services Director Darren Lear made a staff presentation. Ted Brown , stated that the Comprehensive Plan Amendment goes with the Development Order. Adjustments were made at the recommendation of the Department of Community Affairs (DCA). He further explained the Comprehensive Plan Amendment and went over what would be required. The Open Space policies are 12 pages of the 21-page document. The document before Council is pretty much exactly what was approved and transmitted in August. Councilwoman Rogers asked if the City of Edgewater has ever adopted without the Department of Community Affairs notice of intent. Acting City Manager Barlow stated not in Darren Lear’s history. Development Services Director Lear explained the notice of intent. Councilwoman Rogers stated this has not been approved by the Department of Community Affairs and that questions were brought up. Acting City Manager Barlow stated the Page 3 of 11 Council Regular Meeting February 2, 2009 Objections, Recommendations and Comments (ORC) Report was issued in October. Staff has had many meetings with DCA including one on January 25, 2009. Acting City Manager Barlow stated that Charles Gauthier, Division of Community Planning Director for DCA instructed the City to send the adopted Comprehensive Plan to them and a full review would be conducted. Mr. Brown stated the Comprehensive Plan was done at the same time the DRI was processed. This is different than a typical Comprehensive Plan Amendment review. He stated that with DCA you are not required to respond to the ORC. Councilwoman Rogers asked if they would continue on once they approve this and that that’s the process and it is different. Acting City Manager Barlow informed her that was correct. Due to there being no public comment, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilwoman Rhodes moved to approve Ordinance No. 2008-O- 10, second by Councilman Cooper. The MOTION CARRIED 4-0 . nd C. 2 Reading, Ordinance No. 2008-O-15 – Hammock Creek Green, LLC requesting approval of a Development Order pursuant to Section 380.06, Florida Statutes, for the Restoration Development or Regional Impact for real property generally located northwest of the intersection of I-95 and SR 442 City Attorney Ansay read Ordinance 2008-O-15 into the record. Development Services Director Lear made a staff presentation. Councilwoman Rhodes stated there has been much to do about this development. Not to grow is like putting your head in sand. They need to deal with it in the best way. This is a 20-year project. It is a long process and it has been picked apart and put back together. It’s the best of the best. She thinks people should be welcomed into the community. Page 4 of 11 Council Regular Meeting February 2, 2009 Councilwoman Rogers stated it is hard to put out an approval for a Development Order (D.O.). on land that has many issues. She has heard this before with other developments. A lot of development will be coming in to the south. She was concerned that other developments did not follow through. She then proposed to hold this approval until the Comprehensive Plan Amendment (CPA) is complete. Councilman Cooper stated they have worked hard, all departments have. If the citizens could really look at all the agencies that have looked at this, it has been re-done, probably 15 times. It is an excellent plan that they can be very proud of. Edgewater should not do anything to stop it. Mr. Brown commented on Paragraph 14c Requirements. There is an Agreement with FDOT dealing with Phase I infrastructure. The Agreement has been signed and this paragraph has been satisfied. Mayor Thomas stated they have bent over backwards to work with our sister city. New Smyrna Beach had an emergency Commission meeting today at 3:30 p.m. They are trying to work with all agencies. John Thompson , Volusia County, Growth & Resource Management, stated a letter was submitted to the City last week. The County did meet with staff and has worked out the issues they raised. Carol Ann Stoughton , 2740 Evergreen Drive, stated she agrees with Councilwoman Rogers. She feels DCA should make the decision first, not Council. Ms. Stoughton added that certain people on City Council should not vote on this. There were a lot of issues to be considered, including water. Dominic Capria , 606 Topside Circle, agreed with Councilwoman Rogers. He stated that DCA came out with a lot of objections, including #5 Public Facilities. Some of the issues have been taken care of. He asked if everything in #5 had been agreed on with the DCA. Mr. Brown stated that Florida Statutes does not require a decision by DCA first. He added that Paragraph 5 pertains Page 5 of 11 Council Regular Meeting February 2, 2009 to storm water management by the developer. This is development paid by the developer. He did not feel DCA would be concerned with that issue. Agnes Witter , 223 Flagler Avenue, stated that State migration has crashed, the economy is in bad position and it doesn’t seem like things will get better for 10-15 years. She asked how this would affect Edgewater if a certain number of houses were built but no businesses. Mr. Brown stated that’s why the Development Order is in phases, to assure the businesses will be built. Councilwoman Rhodes stated it would provide short term jobs. Charles Lee , Advocacy of Audubon of Florida, stated he was not here to promote development, that decision is the Council’s. Their business is promoting conservation. This project has evolved to where it is becoming exemplary. A lot is to be said for this development in terms of conservation. Mayor Thomas stated the Audubon considers all wildlife, not just birds. He asked Mr. Lee how many species would be left out there? Mr. Lee stated hundreds and that the key was long-term management. Councilwoman Rogers stated regarding Mrs. Witter’s comment she believed this development, with their experts, probably has a Plan B. She was concerned that DCA’s question has not been answered. She hoped to postpone adoption until it was answered. Councilwoman Rhodes stated the Development of Regional Impact (DRI) process was different. Council adopts the amendment then forwards it to DCA for review and approval. If it is not adopted, it does not go back to DCA. City Attorney Ansay stated that Florida Statutes outline the process. The Comprehensive Plan and Development Order go simultaneously. Councilwoman Rogers asked why they were changing how the City responds to DCA. City Attorney Ansay stated they were not changing the process; they were following Florida Statutes. They have just not done a DRI before and the process is slightly different. Page 6 of 11 Council Regular Meeting February 2, 2009 Councilwoman Rhodes moved to approve Ordinance No. 2008-O- 15, second by Councilman Cooper . The MOTION CARRIED 3-1. Councilwoman Rogers voted NO . Mayor Thomas called a ten-minute recess at this time. The meeting recessed at 8:08 p.m. and reconvened at 8:18 p.m. 8. BOARD APPOINTMENTS A. Animal Control Board – Councilman Cooper’s appointment due to the expired term of Karen Mason, who seeks reappointment Councilman Cooper nominated Karen Mason to be reappointed. Councilwoman Rhodes moved to accept Councilman Cooper’s nomination to reappoint Karen Mason, second by Councilwoman Rogers . The MOTION CARRIED 4-0 . B. Animal Control Board – Mayor Thomas’ appointment due to the expired term of Donna Wagner, who seeks reappointment Mayor Thomas nominated Donna Wagner to be reappointed. Councilwoman Rhodes moved to accept Mayor Thomas’ nomination to reappoint Donna Wagner, second by Councilman Cooper . The MOTION CARRIED 4-0 . C. Animal Control Board – Councilwoman Rogers’ appointment due to the expired term of Mary Wenderoth, who seeks reappointment Councilwoman Rogers nominated Mary Wenderoth to be reappointed. Councilman Cooper moved to accept Councilwoman Rogers’ nomination to reappoint Mary Wenderoth, second by Councilwoman Rhodes . The MOTION CARRIED 4-0 . Page 7 of 11 Council Regular Meeting February 2, 2009 D. Planning and Zoning Board – Councilwoman Bennington’s appointment due to the expired term of Edwin Vopelak, who seeks reappointment This appointment was continued until the next meeting due to Councilwoman Bennington being excused from this meeting. E. Planning and Zoning Board – Councilwoman Rhodes’ appointment due to the expired term of Justin Kennedy, who seeks reappointment Councilwoman Rhodes nominated Justin Kennedy to be reappointed. Councilman Cooper moved to accept Councilwoman Rhodes’ nomination to reappoint Justin Kennedy, second by Councilwoman Rogers . The MOTION CARRIED 4-0 . 9. OTHER BUSINESS A. Engineering Services for the replacement of the Aerator and stairways at the Alan R. Thomas Water Treatment Plant Acting City Manager Barlow made a staff presentation. Councilman Cooper asked if Quentin Hampton would do the job. Interim Environmental Services Director Brenda Dewees stated no, they would prepare the engineering documents. Councilman Cooper asked what the estimate was for the installation. Interim Environmental Services Director Dewees stated there was an engineering estimate that would go out for bids. Acting City Manager Barlow asked what that estimate was. Interim Environmental Services Director Dewees stated $80,000±. Councilman Cooper moved to authorize the City Manager to execute a work order to Quentin Hampton Associates in the amount of $43,500 for engineering services related to the replacement of the aerator and stairways and to execute the necessary budget amendment, second by Councilwoman Rhodes . Page 8 of 11 Council Regular Meeting February 2, 2009 The MOTION CARRIED 4-0 . B. Engineering Services for the replacement of Lift Station #2, located at South Riverside Drive and Merrimac Street Acting City Manager Barlow made a staff presentation. Councilman Cooper stated the existing lift station has been in service since 1963 and this is budgeted. Dominic Capria , 606 Topside Circle, asked if they are going to put in larger pumps. Interim Environmental Services Director stated that was part of the engineering services. Mr. Capria asked if this is to service Restoration. Acting City Manager Barlow stated this lift station was three blocks south of City Hall. Mr. Capria asked if it was to help Restoration. Interim Environmental Services Director Dewees informed him no. Councilwoman Rogers moved to authorize the City Manager to execute a work order to Quentin L. Hampton Associates in the amount of $17,680 for engineering services related to the replacement of lift station number two and to execute the necessary budget amendment, second by Councilwoman Rhodes . The MOTION CARRIED 4-0 . C. Settlement Agreement and General Mutual Release for relocation of the Western Reserve Force Main Pipe Acting City Manager Barlow made a staff presentation. Councilman Cooper felt the last line in the release was important. The surveyors insurance paid and there was no cost to the City. City Attorney Ansay stated the City does have the last two pages and will be the last to sign the release. Councilman Cooper moved to approve the Settlement Agreement and General Mutual Release for the Western Reserve Force Page 9 of 11 Council Regular Meeting February 2, 2009 Main Pipe Relocation and authorize the Mayor to execute the document, second by Councilwoman Rogers . The MOTION CARRIED 4-0 . 10. OFFICER REPORTS A. City Clerk City Clerk Wenzel had nothing at this time. B. City Attorney City Attorney Ansay had nothing at this time. C. City Manager Acting City Manager Barlow stated that we are now live in City Hall. Maybe in March they would do an open house during a Council meeting. Councilman Cooper asked when the animal shelter would be open? Acting City Manager Barlow stated they are currently transitioning and hoped to be in by the end of next week. Mayor Thomas asked if there would be a grand opening. Acting City Manager Barlow stated yes, probably on a Saturday. Mayor Thomas suggested they invite Judy Lichter as she was a very big part of getting the shelter going. Mayor Thomas stated that Mr. Capria made a comment about boards and that Council just reappoints members. He stated that every organization works with only a handful of passionate workers to volunteer. They try to pick quality candidates for the appointments. 11. CITIZEN COMMENTS The following citizen spoke: Dominic Capria , 606 Topside Circle, stated he agreed to an extent. There are people who serve on more than one committee. Page 10 of 11 Council Regular Meeting February 2, 2009 12. ADJOURNMENT There being no further business to discuss, Council moved to adjourn. The meeting adjourned at 8:37 p.m. Minutes submitted by: Bonnie Wenzel Page 11 of 11 Council Regular Meeting February 2, 2009