12-15-2003 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
DECEMBER 15, 2003
7:00 P.M.
COMMUNITY CENTER
MINUTES
1 . 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 Dennis Vincenzi
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.
2. APPROVAL OF MINUTES
A. Regular Meeting of September 22, 2003
Counci~woman Lichter moved to approve the September 22, 2003
minutes, second by Counci~an Brown.
The MOTION CARRIED 5-0.
B. Regular Meeting of October 20, 2003
Counci~an Brown moved to approve the October 20, 2003 minutes,
second by Counci~woman Rhodes.
The MOTION CARRIED 5-0.
C. Regular Meeting of November 3, 2003
Counci~woman Rhodes moved to approve the November 3, 2003
minutes, second by Councilwoman Lichter.
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The MOTION CARRIED 5-0.
D. Special Meeting of November 10, 2003
Councilwoman Lichter moved to approve the November 10, 2003
minutes, second by Councilman Brown.
The MOTION CARRIED 5-0.
E. Regular Meeting of November 17, 2003
Councilwoman Rhodes moved to approve the November 17, 2003
minutes, second by Councilwoman Lichter.
The MOTION CARRIED 5-0.
3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFlCATES/DONATIONS
A. Recognition of appointed/reappointed Board/Committee
members
Mayor Schmidt recognized Robert Polizzi, Jim Jollie, Ron Hayward,
Robert Garthwaite, Harold "Pat" Card, Ferd Heeb, Bill Miller, and
Robert Lott for being appointed/reappointed to several City
Boards/Committees.
4. CITIZEN COMMENTS
The following citizens spoke during Citizen Comments:
John Cordeiro, 1515 Pine Tree Drive
Mildred Nichols, 2114 Orange Tree Drive
Councilwoman Lichter suggested Acting Finance Director Jon
Williams look up and see specifically what happened with this
home and the water situation. She believes they need this law
interpreted in writing by City Attorney Cookson.
City Manager Hooper informed Council this would be on their
agenda for the second meeting in January. They will notice the
lady to come in and address Council at that time.
Rav Anderson, 1905 S. Riverside Drive
Herb Nichols, 2114 Orange Tree Drive
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Council Regular Meeting
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5. CITY COUNCIL REPORTS
Councilwoman Rhodes wished everyone a Happy Holiday and a
wonderful New Year.
Councilwoman Lichter spoke of George Ann Keller moving to
Hacienda del Rio. She thanked Ms. Keller for the efforts she has
given to the City.
Councilwoman Lichter commented on the Water Authority of Volusia
(WAV) meetings held on Monday and Tuesday to hold interviews for
the Director. They will know at the next meeting if they will
hire Dr. Bruce Allen Mowry, who was the first choice.
Councilwoman Lichter commented on the Bert Fish Tree Lighting
Ceremony.
Mayor Schmidt informed Council of a Mentoring Symposium being
held by the Florida League of Cities on January 12th in case
anyone was interested in attending. He gave a copy of the notice
to Council.
Mayor Schmidt spoke of a VCOG meeting he came from tonight. They
were trying to do an organizational combine of the MPO and VCOG.
They weren't successful in doing that at this time. They decided
their Secretary would become the Interim Director. He explained
what they will do on a three-month basis and see if there still
is a way to combine both organizations without hurting either
one. There will be updates each month on that.
Mayor Schmidt spoke of participating in the Edgewater, New Smy~na
and Oak Hill parades this year.
Mayor Schmidt informed City Manager Hooper and staff he would
like to try and set up a joint meeting between the Boards and the
City Council. He spoke of some Sunshine Law tutoring that he
feels would do everybody good. He would like to see this done
yearly. He would like to hold the meeting on January 14th from 5
p.m. to 6 p.m. with discussion between the Council and Boards
from 6 p.m. to 6:20 p.m. with the Planning and Zoning Board
Meeting to follow.
City Manager Hooper informed Mayor Schmidt that Foley & Lardner
called and volunteered free to do an education session on the
Sunshine Law.
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Council Regular Meeting
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City Manager Hooper commented on the session held between the
Attorneys and the Code Enforcement Board.
Fire Chief Barlow stated the Code Enforcement Board is holding a
workshop with the City of New Smyrna Beach sponsored for all of
Volusia County on January 13th or 14th.
Councilman Brown spoke of the Mentoring Program and the Mentors
and Mentees getting together last week. He encouraged anyone
with time to participate in this program.
Councilman Vincenzi stated a friend of his, who is an
Environmental Insurance Agent, mentioned that a developer
contacted him regarding the Pre-Stressed Concrete Plant. He said
it would be very foolish of the City to take possession of it due
to possible environmental hazards.
City Manager Hooper spoke of the City never taking ownership.
Councilwoman Lichter asked what ever happened with Royal Oaks and
the paint drums found on that property. City Manager Hooper
stated they dug and never really found anything. The EPA is
trying to give a clean bill of health. Mr. Wadsworth has been
working with the DEP and EPA. Mr. Wadsworth stated that report
is still months away from being finalized by the EPA.
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. 2nd Reading, Ord. No. 2003-0-31, Alan Weaver,
authorized agent for HNWW, Inc., owner, requesting
annexation of 27+ acres of property located south of
22nd Street and west of Silver Palm Drive off of
Airpark Road
Paralegal Matusick read Ord. 2003-0-31 into the record.
City Manager Hooper made a staff presentation.
City Manager Hooper answered questions presented by Councilman
Vincenzi, Mayor Schmidt and Councilwoman Lichter.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
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Councilwoman Rhodes moved to approve Ord. 2003-0-31, Alan Weaver,
authorized aqent for HNWW, Inc., owner, requestinq annexation of
27+ acres of property located south of 22nd street and west of
Silver Palm Drive off of Airpark Road, second by Councilwoman
Lichter.
The MOTION CARRIED 5-0.
B. 2nd Reading, Ord. No. 2003-0-32, modifying Chapter 19
(Utilities and Services) Section 19-5 (Unpaid fees to
Constitute Lien) enabling the City to place liens on
property due to unpaid/uncollected utility bills
Paralegal Matusick read Ord. 2003-0-32 into the record.
City Manager Hooper made a staff presentation.
City Manager Hooper answered questions presented by Councilwoman
Lichter, Councilman Vincenzi.
There was a brief discussion regarding the City only contracting
with a property owner and not with a tenant and the property
owner having a lien placed against his property because of an
outstanding bill of a tenant.
Councilman Vincenzi feels this is not written well, it is not
specific enough and he feels it needs interpretation. He would
like to see this item tabled. He feels it is prudent to wait two
weeks or a month to see what the City Attorney has to say.
Councilwoman Rhodes stated she will never believe that the
taxpayers of this City should foot the bill for anybody but she
has no problem waiting.
A majority of Council chose not to table this item.
Councilman Vincenzi made a motion to table this item to qive the
City Attorney time to review it. City Manager Hooper stated City
Attorney Cookson wrote this.
The MOTION DIED due to lack of a second.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
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Councilwoman Lichter moved to approve Ord. 2003-0-32, modifyinq
Chapter 19 (utilities and Services) Section 19-5 (Unpaid fees to
Constitute Lien) enablinq the City to place liens on property due
to unpaid/uncollected utility bills, second by Councilwoman
Rhodes.
The MOTION CARRIED 4-1. Councilman Vincenzi voted NO.
C. 1st Reading, Ord. No. 2003-0-15, amending Chapter 21
(Land Development Code) Article XVII
(Development/Impact Fees) to update and codify all
existing impact fees (law enforcement, fire, water,
sewer, parks/recreation) and add a new impact fee
(local roadway) and add development fees (pedestrian
and sidewalk, tree preservation/relocation)
Paralegal Matusick read Ord. 2003-0-15 into the record.
City Manager Hooper made a staff presentation.
City Manager Hooper answered questions presented by Councilman
Vincenzi.
Mayor Schmidt opened the public hearing.
The following citizens spoke regarding Ord. 2003-0-15:
Rav Anderson, 1905 S. Riverside Drive
Ferd Heeb, 115 N. Riverside Drive
Dominic Capria, 606 Topside Circle
Mayor Schmidt closed the public hearing.
Councilman Vincenzi moved to approve Ord. 2003-0-15, amendinq
Chapter 21 (Land Development Code) Article XVII
(Development/Impact Fees) to update and codify all existinq
impact fees (la w enforcemen t, fire, wa ter , sewer,
parks/recreation) and add a new impact fee (local roadway) and
add development fees (pedestrian and sidewalk, tree
preservation/relocation), second by Councilman Brown.
The MOTION CARRIED 5-0.
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D. 1st Reading, Ord. No. 2003-0-33, amending Chapter 21
(Land Development Code) Article XVI (Fire and Hazard
Prevention), by repealing Section 21-251 (Fire Impact
Fees)
Paralegal Matusick read Ord. 2003-0-33 into the record.
City Manager Hooper made a staff presentation.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Rhodes moved to approve Ord. 2003-0-33, amendinq
Chapter 21 (Land Development Code) Article XVI (Fire and Hazard
Prevention), bv repealinq Section 21-251 (Fire Impact Fees),
second bv Councilwoman Lichter.
The MOTION CARRIED 5-0.
There was a ten-minute recess at this time. The meeting recessed
at 8:00 and reconvened at 8:13 p.m.
7. BOARD APPOINTMENTS
A. MPO Citizen Advisory Committee - Mayor's appointment to
replace Nora Jane Gillespie (pulled from agenda
November 3, 2003)
Mayor Schmidt recommended appointing Elizabeth Donahue to replace
Nora Jane Gillespie on the MPO Citizen Advisory Committee.
Councilwoman Rhodes moved to appoint Elizabeth Donahue to the MFO
Citizen Advisorv Committee, second bv Councilman Brown.
The MOTION CARRIED 5-0.
B. MPO Pedestrian Task Force - Mayor's appointment to
replace Bob McGovern (pulled from agenda November 3,
2003)
Mayor Schmidt passed on this item due to not having an
appointment yet.
C. Citizen Code Enforcement Board - Councilwoman Rhodes to
nominate applicant to fill the remaining term of Tony
Fowler who resigned (tabled from agenda November 3,
2003)
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Councilwoman Rhodes stated she received three recommendations
from the Board as well as other applicants that wanted to be on
the Board.
Councilwoman Rhodes stated she was going to appoint Gene
Mirabella.
Councilwoman Lichter moved to appoint Gene Mirabella to the Code
Enforcement Board, second by Councilman Vincenzi.
The MOTION CARRIED 5-0.
D. Police Pension Board - affirming Pension Board's
election results to reappoint Rene Green for another
three (3) year term
Councilwoman Rhodes moved to reappoint Rene Green to the Police
Pension Board for another three-year term, second by Councilwoman
Lichter.
The MOTION CARRIED 5-0.
E. Economic Development Board (2) - Councilwomen Rhodes
and Lichter to nominate applicants to fill the
remaining term of Tom McKinley and Adelaide Carter who
have resigned
Councilwoman Lichter nominated Fred Fathi to serve on the
Economic Development Board.
Councilwoman Rhodes nominated Kathy Leonard to serve on the
Economic Development Board.
Councilman Brown moved to accept the recommendations, second by
Councilman Vincenzi.
The MOTION CARRIED 5-0.
F. Animal Control Board (3) - Councilmen Brown and
Vincenzi and Councilwoman Rhodes to consider
applicants' request for reappointment for another three
(3) year term
Councilman Brown recommended reappointing Donna Wagner to the
Animal Control Board.
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Councilwoman Rhodes recommended reappointing Debrah Brazzell to
the Animal Control Board.
Councilman Vincenzi recommended reappointing Karen Mason to the
Animal Control Board.
Counci~woman Lichter moved to accept the recommendations, second
by Counci~an Brown.
The MOTION CARRIED 5-0.
8. CONSENT AGENDA
There were no items to be discussed on the Consent Agenda at this
time.
9. OTHER BUSINESS
A. MPO Reappointment Plan - staff recommending authorizing
the Mayor to sign a new Interlocal Agreement due to the
addition of two new members from Flagler County
City Manager Hooper made a staff presentation.
Mayor Schmidt presented an explanation of why the reapportionment
is being done.
Counci~woman Lichter moved to authorize Mavor Schmidt to be
present at the MFO sianinq ceremony on January 27, 2004 and to
execute the Inter~oca~ Aqreement for the creation of the
Metropo~itan P~anninq Orqanization, second by Counci~woman
Rhodes.
The MOTION CARRIED 5-0.
B. New Positions - staff recommending approval of creating
the position of Code Compliance Supervisor and
replacing the title of Community Services Fire Captain
with the title Fire Marshal
City Manager Hooper made a staff presentation.
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Councilman Brown moved to approve the creation of the position of
Code Compliance Supervisor and replacinq the title of Community
Services Fire Captain with the title Fire Marshal, second by
Councilwoman Rhodes.
The MOTION CARRIED 5-0.
C. Hawks Park Ballfield Restrooms - staff recommending
rejection of all bids for Hawks Park ballfield
restrooms, authorize the City Manager/Mayor to enter
into an Agreement with Antinori Group, Inc. for
construction management for the sum of $15,000, and
authorize staff to proceed with construction of the
facility within budgeted amount
City Manager Hooper made a staff presentation.
Leisure Services Director Jack Corder spoke on the project.
City Manager Hooper answered questions presented by Council.
Councilwoman Rhodes moved to reiect all bids for the Hawks Park
ballfield restrooms, authorize the City Manaqer/Mayor to enter
into an Aqreement with Antinori Group, Inc. for construction
manaqement for the sum of $15,000, and authorize staff to proceed
with construction of the facility within budqeted amount, second
by Councilwoman Lichter.
The MOTION CARRIED 5-0.
D. Hawks Park Ballfield Lights - staff recommending
rejection of all bids for Hawks Park ballfield lights,
piggybacking off a City of Jacksonville bid and
authorize City Manager/Mayor to enter into an agreement
with M. Gay Constructors, Inc. to construct lighting
system for the sum of $312,223.90
City Manager Hooper made a staff presentation.
Mr. Corder answered questions presented by Councilwoman Rhodes.
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Councilwoman Rhodes moved to reiect all bids for Hawks Park
ballfield liqhts, piqavbackinq off a City of Jacksonville bid and
authorize City Manaqer/Mavor to enter into an aqreement with M.
Gav Constructors, Inc. to construct liqhtinq system for the sum
of $312,223.90, second bv Councilman Brown.
The MOTION CARRIED 5-0.
E. Legal Services - staff recommending rejection of
proposal from Michelle Kane and authorize the City
Manager to negotiate a contract with Glenn Storch for
legal services for the Citizen Code Enforcement Board
City Manager Hooper made a staff presentation.
City Manager Hooper answered questions presented by Council.
Mayor Schmidt asked to see the contract before it is signed.
Councilwoman Lichter moved to accept staff's recommendation and
to authorize the City Manaqer to neqotiate a contract with Glenn
Storch for leqal services for the Citizen Code Enforcement Board,
second bv Councilwoman Rhodes.
The MOTION CARRIED 5-0.
F. Solid Waste Services - discuss privatizing refuse
collection in new subdivisions
City Manager Hooper made a staff presentation.
Councilwoman Lichter spoke of the citizen petition presented with
2,000 signatures against privatization. They just voted very
recently on keeping it the way it is.
Councilman Brown expressed concern with the new subdivisions
having to pay more due to the extra work involved with the
billing that would have to be done.
City Manager Hooper spoke of price quotes he has received from
the County. The rates are not really the issue.
Councilman Vincenzi feels this is something that needs to be
considered. He suggested they try privatizing the new
subdivisions for a year or two.
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Mayor Schmidt feels this may be something to try in a year for a
year or two.
Councilwoman Lichter feels this can wait.
City Manager Hooper commented on commercial pickup. He spoke of
offering this as a franchise. This will be on the Council's
agenda in January.
Mayor Schmidt asked for Council's thoughts.
Councilwoman Lichter stated she would vote against going outside.
Councilwoman Rhodes stated it is not her intent to make this
city-wide at any point and would vote against this. Mayor
Schmidt feels this is something for the future but right now he
would vote against this. Councilman Vincenzi stated he would
consider it. Councilman Brown stated he would also consider this
for the future but not right now.
City Manager Hooper stated with the direction Council has given
him they are buying a replacement truck and a new truck.
G. City Hall Purchase - discuss and direct staff
concerning the purchase of Regions Bank building and
other possible capital improvement projects
City Manager Hooper made a staff presentation regarding Regions
Bank.
Councilwoman Lichter feels all of the projects are necessary and
important and should be put on the ballot separately and they
should wait until November.
Councilwoman Rhodes asked if they will wait until November.
City manager Hooper stated he doesn't have an indication if they
are. They described they would wait until March. Dale Williams
has expressed an interest in buying it. He has offered to fix
it, repair it and lease it.
Councilwoman Rhodes asked about working out a lease purchase
where we didn't technically borrow the money. He explained what
is defined in the Charter.
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Councilman Vincenzi doesn't see anything really super attractive
about the bank except it's a good location and relatively ready
to move into and can be modified pretty quickly. He feels they
should consider purchasing property. He suggested a new proposal
be presented to the people on the ballot in November.
There was a brief discussion regarding the City purchasing
property and the City building a building.
Mayor Schmidt spoke about not doing a lot of research on a
building on the existing City Hall site. He spoke of having the
shell of this building looked at to see if it is capable of being
modified and updated.
There was a discussion regarding the plans that were done
maximizing this space. City Manager Hooper spoke of this site
being made to work but it not being an ideal situation.
Mayor Schmidt feels it is time to ask the bank if they would wait
until November and start doing some more exploring again.
City Manager Hooper explained what would have to be done if the
Council is serious about this site.
Councilwoman Lichter spoke of giving thought, if it is a
possibility, of putting the other items on the ballot in November
because there are some real needs there.
Mayor Schmidt opened the public hearing.
The following citizens spoke:
Mike Visconti, 316 Pine Breeze Drive
Ferd Heeb, 115 N. Riverside Drive
Chris Balmer, 148 William Street
Dominic Capria, 606 Topside Circle
Mike Visconti, 316 Pine Breeze Drive
John Cordeiro, 1515 Pine Tree Drive
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After discussion regarding options for Regions Bank, City Manager
Hooper agreed to negotiate with the bank, ask for an extension
until November and a purchase sale contract subject to being able
to get a referendum approved.
Dick Jones, 1530 Sabal Palm Drive
10. OFFICER REPORTS
A. City Clerk
1) Comparison of legal ad costs
City Clerk Wadsworth made a presentation regarding the comparison
of legal ad costs between the News Journal and the Observer.
City Clerk Wadsworth wished everyone a Happy Holiday.
B. City Attorney
Paralegal Matusick had nothing at this time.
C. City Manager
City Manager Hooper commented on a letter sent to Oak Hill from
City Attorney Cookson in response to their advertising of some
annexations. He informed Council he needed direction about
challenging. He further commented on the process. He asked for
authority to have City Attorney Cookson file the Notice of Intent
to file the suit. He also informed the Council that we may be
joining the County at a later date.
Councilwoman Rhodes made a motion to authorize City Attorney
Cookson to file the Notice of Intent to file the suit aqainst the
City of Oak Hill for infrinqement of some of our property bv Oak
Hill, second bv Councilman Vincenzi.
The MOTION CARRIED 5-0.
City Manager Hooper commented on letters the Council received
from at least three individuals on Coco Palm Drive regarding the
driveway cuts. He is meeting with his attorney next week and
they are trying to get this resolved in an equitable manner.
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11. CITIZEN COMMENTS/CORRESPONDENCE
The following citizens spoke:
Mike Visconti, 316 Pine Breeze Drive
Chris Balmer, 148 William street
Mayor Schmidt wished everyone a Happy Holiday.
12 . ADJOURNMENT
There being no further business to discuss, Councilwoman Rhodes
moved to adjourn. The meeting adjourned at 9:15 p.m.
Minutes submitted by:
Lisa Bloomer
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