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01-26-2004 - Regular "-' ....., CITY COUNCIL OF EDGEWATER REGULAR MEETING JANUARY 26, 2004 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 City Attorney Scott Cookson 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 December 15, 2003 Councilwoman Lichter moved to approve the December 15, 2003 minutes, second by Councilwoman Rhodes. The MOTION CARRIED 5-0. B. Regular Meeting of January 5, 2004 Councilwoman Rhodes moved to approve the January 5, 2004 minutes, second by Councilwoman Lichter. The MOTION CARRIED 5-0. 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A. Recognition of appointed/reappointed Board/Committee members ........ ..."" Mayor Schmidt recognized Russell Mullen, Daniel Young, Christine Pluscec, Jo Hagan, Joe Martin, Kim Long, Linda Johnson, Donna Wagner, and Ben Wagner. Councilwoman Lichter mentioned Karen Mason was also present from Animal Control. B. Governor's Points of Light Award presented to Tia McDonald for her dedication and service to our citizens Mayor Schmidt read a letter from Governor Jeb Bush congratulating Ms. McDonald for being named a Points of Light Award recipient. Mayor Schmidt presented Ms. McDonald with a bouquet of flowers and an award. Ms. McDonald read a prepared statement and presented an award to Patrick Girvan from the No Name Saloon, and Miss Still, her teacher. Lauren Chapin spoke about Ms. McDonald and her accomplishments. She also complimented Tia's mother, Dawn. Ms. Chapin expressed how proud she is of Tia. C. Paul Dawson, Risk Management Associates, presenting the "Golden 30" award which recognizes charter members of the Preferred Governmental Insurance Trust who have achieved a 40% or lower historical cumulative loss ratio. (Debby Sigler, Personnel Director) Paul Dawson, Risk Management Associates, presented Mayor Schmidt with the "Golden 30" award. 4. CITIZEN COMMENTS The following citizens spoke: Mike Visconti, 316 Pine Breeze Drive Andv Anderson, Pine Tree Drive Joe Tavares, 3405 Woodland Drive 5. CITY COUNCIL REPORTS Councilwoman Lichter spoke about an article in the Observer about Eustachy Michalow. She spoke about his paintings being displayed at the Peabody Auditorium. Page -2- Council Regular Meeting January 26, 2004 "-" ...., Councilwoman Lichter then spoke about a call she received regarding whether or not the City was going to have a pickup in the City of hazardous waste, paint cans and other materials that can not be put with the regular garbage. Volusia County recently had an amnesty day and did not notify Edgewater but did notify New Smyrna. In the Spring months they will be back and she wants to make sure Edgewater is involved. Councilwoman Lichter spoke of money the Water Alliance had left over which they used to have packets of information printed. They will be given to new residents in the community. Councilwoman Lichter stated on Saturday, February 7th at 8:00 a.m. the Pet Society will be having a yard sale in the Community Center trying to raise money for the animal shelter. Councilwoman Rhodes had nothing at this time. Councilman Vincenzi had nothing at this time. Councilman Brown had nothing at this time. Mayor Schmidt spoke on the widening of SR 442. newspapers to encourage people to be careful. nothing but compliments. He would like the He has heard Mayor Schmidt spoke of being approached about the No U-Turn at Roberts Road. He asked for a bigger sign to replace the sign that is currently there or for DOT to put a flasher on top of the sign. Mayor Schmidt asked to send the annual letter to DOT regarding the speed limit between SR 442 and Volco Road. City Manager Hooper spoke of a letter Mr. Wadsworth is working on that congratulates them on the way SR 442 is done and included in that will be a request to revisit the speed limit. Mayor Schmidt stated he had two requests for street lights to be looked at. One at the curve by the YMCA and one at Ocean Avenue by the Majik Market. Mayor Schmidt stated he was asked at VCOG if the Universal Tag was coming up. City Manager Hooper informed him it is coming up. Seven cities and Volusia County tentatively have signed on to it. Page -3- Council Regular Meeting January 26, 2004 ..... ..., Mayor Schmidt stated Volusia Days is coming up March 23rd, 24th and 25th. Over the next few days they need to wrap up who is interested in going. He spoke of the one-on-one contacts they had last year with legislators and the Governor's office. Mayor Schmidt spoke of Evelyn Lynn coming down a couple of weeks ago to take a tour of the City. She seemed very willing to help in whatever way she could. Councilwoman Lichter spoke of the enclaves within the City that are County. She feels this is a potential problem with fire services and police services and who should be covering. Mayor Schmidt spoke of enclaves being an issue for several years. He feels this is something the legislators will eventually take action on. Mayor Schmidt spoke of a game going around through the MPO called Strings and Ribbons which will be held on April 1st from 5:00 p.m. to 7:00 p.m. This is open to the public. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 2nd Reading, Ord. No. 2004-0-01, Jeff Gove, authorized agent for Andre Berard, requesting annexation of 1.01~ acres of property located at 118 Poinciana Road City Attorney Cookson read Ord. 2004-0-01 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 Lichter moved to approve Ord. 2004-0-01, annexina 1.01+ acres of property located at 118 poinciana Road, second bv Councilman Brown. The MOTION CARRIED 5-0. B. 2nd Reading, Ord. No. 2004-0-02, amending the Comprehensive Plan Future Land Use Map to include 1.01+ acres of property located at 118 Poinciana Road as Low Density Residential with Conservation Overlay City Attorney Cookson read Ord. 2004-0-02 into the record. Page -4- Council Regular Meeting January 26, 2004 '-" """'" city Manager Hooper made a brief staff presentation. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Rhodes moved to approve Ord. 2004-0-02, amendinq the Comprehensive Plan Future Land Use Map to include 1.01+ acres of property located at 118 Poinciana Road as Low Densitv Residential with Conservation Overlay, second by Councilwoman Lichter. The MOTION CARRIED 5-0. C. 2nd Reading, Ord. No. 2004-0-03, amending the Official Zoning Map to include 1.01+ acres of property located at 118 Poinciana Road as R-1 (Single Family Residential) city Attorney Cookson read Ord. 2004-0-03 into the record. city Manager Hooper made a staff presentation. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Brown moved to approve Ord. 2004-0-03, amendinq the Official Zoninq Map to include 1.01+ acres of property located at 118 Poinciana Road as R-l (Sinqle Family Residential), second by Councilwoman Rhodes. The MOTION CARRIED 5-0. D. 2nd Reading, Ord. No. 2004-0-04, repealing Article III (Parks & Open Space Impact Fees) of Chapter 12.5 (Parks & Recreation) of the Code of Ordinances since it will be added to Article XVII (Development/Impact Fees) of Chapter 21 (Land Development Code) City Attorney Cookson read Ord. 2004-0-04 into the record. City Manager Hooper made a staff presentation. Due to being no comments, Mayor Schmidt opened and closed the public hearing. Page -5- Council Regular Meeting January 26, 2004 ......... "WJtf Councilwoman Lichter moved to approve Ord. 2004-0-04, repealinq Article III (Parks & Open Space Impact Fees) of Chapter 12.5 (Parks & Recreation) of the Code of Ordinances since it will be added to Article XVII (Development/Impact Fees) of Chapter 21 (Land Development Code), second by Councilman Brown. The MOTION CARRIED 5-0. E. 2nd Reading, Ord. No. 2004-0-05, amending Chapter 19 (utilities and Services) by repealing Article IV (Impact Fees for Municipal Water Supply and Wastewater Treatment Facilities Extension) of the Code of Ordinances City Attorney Cookson read Ord. 2004-0-05 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. 2004-0-05, amendinq Chapter 19 (utilities and Services) by repealinq Article IV (Impact Fees for Municipal Water Supply and Wastewater Treatment Facilities Extension) of the Code of Ordinances, second by Councilwoman Lichter. The MOTION CARRIED 5-0. F. Res. No. 2004-R-03, authorize the submission of a Ponce de Leon & Port District grant application to improve public access and safety at Kennedy Park recreation facility City Attorney Cookson read Res. 2004-R-03 into the record. Leisure Services Director Jack Corder answered questions presented by Councilwoman Lichter and Councilman Vincenzi. City Manager Hooper spoke of putting more law enforcement on the water. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Page -6- Council Regular Meeting January 26, 2004 ~ .., Councilman Vincenzi moved to approve Res. 2004-R-03, authorizina the submission of a Ponce de Leon & Port District arant application to improve public access and safety at Kennedv Park recreation facility, second bv Councilwoman Lichter. The MOTION CARRIED 5-0. G. Res. No. 2004-R-04, amending Section 11.17 (Use of E- Mail, Computers and Photocopier) of the Personnel Policy and Procedure Manual City Attorney Cookson read Res. 2004-R-04 into the record. City Manager Hooper made a staff presentation and answered questions presented by Councilman Vincenzi. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Res. 2004-R-04, amendina Section 11.17 (Use of E-Mail, Computers and Photocopier) of the Personnel Policy and Procedure Manual, second bv Councilman Vincenzi. The MOTION CARRIED 5-0. 7. BOARD APPOINTMENTS A. General Employees Pension Board - City Manager appointing Tiana Dewees to fill the remaining term of Kathy Cornelius who has resigned B. Edgewater Library Board - Mayor Schmidt's nomination to fill a vacated seat for a three-year term Mayor Schmidt went along with the Board's recommendation and nominated Laverna McGinnis. Councilwoman Rhodes moved to approve the appointment of Tiana Dewees to the General Emplovees Pension Board and the appointment of Laverna McGinnis to the Librarv Board, second bv Councilwoman Lichter. The MOTION CARRIED 5-0. Page -7- Council Regular Meeting January 26, 2004 '-' ...., 8. CONSENT AGENDA There were no items on the Consent Agenda at this time. 9. OTHER BUSINESS A. Tree Permit - Cindy Tavares requesting a Tree Permit for the removal of one (1) 42 ~ inch Historic Live Oak tree from her property at 2524 Mango Tree Drive to build a single family residence Building Official Dennis Fischer made a staff presentation. Joseph Tavares, the applicant's father, was present. Mr. Tavares answered questions presented by Councilman Vincenzi. Mr. Fischer answered questions presented by Mr. Tavares. City Manager Hooper clarified some can be planted on their property or public property or they can make a contribution to the tree fund or a combination of both. Councilwoman Lichter moved to approve the Tree Permit for removal of one (1) 42 ~ inch Historic Live Oak tree from property at 2524 ~nqo Tree Drive to build a sinqle family residence as lonq as the applicant complies with the City's requlations in terms of replacement or cash, second by Councilman Vincenzi. The MOTION CARRIED 5-0. B. Law Enforcement Trust Funds - staff recommending approval to use Trust Funds in the amount of $3,548 to purchase four (4) helmet mounted push-to-talk motorcycle radio systems City Manager Hooper made a staff presentation. Police Chief Ignasiak commented on the liability of not having these radio systems. Councilwoman Rhodes moved to approve the use of Trust Funds in the amount of $3,548 to purchase four (4) helmet mounted push-to- talk motorcycle radio systems, second by Councilman Vincenzi. The MOTION CARRIED 5-0. Page -8- Council Regular Meeting January 26, 2004 '-' .."", C. Discussion Item - Chapter 19 amendments which include deposits, meter testing, turn-off, turn-ons and utility services with tenants City Manager Hooper made a staff presentation. City Manager Hooper answered questions presented by Councilman Brown. City Manager Hooper continued his presentation by discussing the current billing cycle and the changes he is proposing. City Manager Hooper answered questions presented by Councilwoman Rhodes. Councilwoman Lichter feels the landlord is in business and it is not the City's responsibility to be the policeman to the tenant. She feels the landlords should be screening their potential tenants and they should be getting a deposit up front. Councilwoman Rhodes and Mayor Schmidt agreed. Councilman Brown feels it is their responsibility to watch for the people's money. It is not up to us to use taxpayers money to pay for someone else's bill. Councilman Vincenzi stated the City requires the land owner to leave deposits to be responsible for the bill. The only reason the City wants to do that is to get their hooks into them because they own the property. If the City runs their policies right and changes their policies properly they can deal with a tenant just as effectively as they can with a land owner. He spoke of the telephone company, cable company and the electric company all working the same way and not losing a whole lot of money. If they do lose money, they don't give that person service next time. Councilwoman Rhodes questioned why Councilman Vincenzi's feels that is the City's obligation. Councilman Vincenzi feels it is the City's obligation to treat everybody fairly. Councilwoman Lichter questioned who wasn't being treated fairly. Councilman Vincenzi stated the land owner. He feels you are not selling service to the land owner for people that are renting a house but the land owner is being penalized because of a renter. Page -9- Council Regular Meeting January 26, 2004 '-' "W' Councilwoman Lichter feels it is the responsibility of the owner to screen their tenant and to be very careful who they rent to. Councilman Vincenzi feels the City needs to deal with people equally and fairly and they aren't doing that with land owners. Councilman Brown feels the City is. If you own property and you are renting it out then you should get enough money to pay the bill. If they don't pay it you already have the money. That is what you are supposed to do, you are in business. Councilwoman Rhodes feels you bear the ultimate responsibility for your property. She spoke of all the other properties that someone may own being a business to make money. Why should the City pay for that? Councilman Vincenzi feels if you do it right there doesn't have to be any lost revenue. Councilwoman Rhodes feels if the landlord runs the business right it will never be a problem. City Manager Hooper spoke about equal treatment. He spoke of the City being exposed more than they would be if they just contract with owners. Councilman Vincenzi feels the City needs to tighten up its requirements and policies anyway. Mayor Schmidt opened this discussion up to the public. The following citizens spoke: Mildred Nichols, 2114 Orange Tree Drive There was a brief discussion regarding Florida Statute 180.135 not pertaining to the City because the City does not contract with tenants. City Manager Hooper spoke of cable, telephone and electric being Public Service Commission regulated utilities. It is a State agency that regulates them. He then spoke of the water and sewer rates not being raised since 1983. Herbert Nichols, 2114 Orange Tree Drive Mayor Schmidt feels they all agree that they are being fair with the way they are applying this. Page -10- Council Regular Meeting January 26, 2004 ..... ....", Councilman Vincenzi informed the Mayor he felt he was being rude to Mr. Nichols. He asked Mr. Nichols if he had more, at which time Mr. Nichols called some of the Council crooks and Mayor Schmidt stated the discussion on this item is over at this meeting. Councilman Vincenzi stated he would like to register a complaint. He felt Mayor Schmidt was wrong. He feels Mayor Schmidt should let the gentleman say what he has to say. He feels he hasn't insulted anybody. Mayor Schmidt felt he had given enough time to this right now. Councilman Vincenzi didn't agree and felt he had the right to speak. Mr. Nichols stated he deserves the right to say what he wants to say as long as it is legal. City Manager Hooper asked Mayor Schmidt if he wanted the Police Chief to intervene. Mayor Schmidt stated he understands what the people are saying but he feels what they are doing is what they need to be doing when it comes to this case. He feels bad they have had bad tenants but it is the Council's job to have control and be in control of what the taxpayers and the voters put them up there to do. City Manager Hooper informed the Council this item will be brought back to Council in the form of an ordinance. At this portion of the tape, tape is inaudible. 10. OFFICER REPORTS A. City Clerk Wadsworth had nothing at this time. B. City Attorney Cookson presented a report on settling a Code Enforcement lien. C. City Manager Hooper 1) SR 442 Update City Manager Hooper presented an update on the widening of SR 442 with a letter to be sent to D.O.T. Page -11- Council Regular Meeting January 26, 2004 ..... ....., City Manager Hooper informed Council there Assessment meeting held February 2nd at the Library. City Attorney Cookson, Paralegal Manager Hooper will attend. will be a Conflict New Smyrna Beach Matusick and City 11. CITIZEN COMMENTS/CORRESPONDENCE A. Tentative Agenda Items City Manager Hooper informed Council the Tentative Agenda Items will be listed in future Council packets. Councilwoman Lichter would like to see a Memorial Day parade held in Edgewater. There will be future discussion at a later date. The following citizens spoke: Andv Anderson, Pine Tree Drive Karen Mason, 1847 Coco Palm Drive 12 . ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 8:43 p.m. Minutes submitted by: Lisa Bloomer Page -12- Council Regular Meeting January 26, 2004