03-15-2004 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
MARCH 15, 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
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 February 9, 2004
Councilwoman Lichter moved to approve the February 9, 2004
minutes, second by Councilwoman Rhodes.
The MOTION CARRIED 5-0.
B. Regular Meeting of February 23, 2004
Councilwoman Rhodes moved to approve the February 23, 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
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There were no Board/Committee members to be recognized.
B. Discussion concerning reduction in hours at Edgewater
Public Library (possible Library Board member present)
Chairwoman Jean Haughwout of the Library Board asked for
Council's support that there will be no reduction in hours,
services or staffing at the Edgewater Library. The Volusia
County Council is considering a change to the way the Volusia
County Library System operates. They are exploring ways to
increase operating hours at each regional library in Volusia
County at no additional cost to the County. She further
commented on the proposal.
Anne McDevitt, President, Friends of the Edgewater Library, as
well as a member of the Library Board, presented results of a
survey that was recently taken by the Friends regarding what the
people want.
At this time, the Council presented their individual comments.
Mayor Schmidt suggested either sending a letter or passing a
resolution to send to the County Council. City Manager Hooper
informed him they could do both. He asked for a motion to
authorize Mayor Schmidt to send a letter to the County Chairman
and a copy to the County Manager's office and on the agenda next
time a resolution from the Council.
Councilwoman Rhodes made a motion to send a letter and pass a
resolution to not decrease Edqewater Library's hours, second by
Councilman Brown.
The MOTION CARRIED 5-0.
Councilwoman Lichter asked when the next meeting will be held in
Port Orange because maybe some of the Council might be able to
attend.
Chairwoman Haughwout asked if they could add no reduction in
hours, service or staffing. City Manager Hooper informed her it
would be.
Eva Williams, Chairwoman of the County Library Advisory Board,
presented her comments regarding how this all came about. Ms.
Williams stated they will be holding a Special Meeting on March
26th, which she thinks will be at the Library Service Center in
Daytona Beach on 1-92.
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City Manager Hooper asked if there are other local libraries that
are impacted. Ms. Williams stated there are 16 libraries
throughout the County and to some extent everyone of them will be
affected by this.
JoAnne Sikes, 130 W. Palm Way, stated we have one of the busiest
libraries in Volusia County and one of the best children's
programs in Volusia County. She asked Head Librarian Ruth
McCormack how many children went through the children's program
in the summer in our library. Ms. McCormack informed her a
couple thousand.
Carol Ann Stelton, 2503 Pine Tree Drive, commented on the staff
at the Edgewater Library. She feels the hours should be
increased, not decreased.
4. CITIZEN COMMENTS
Fire Chief Barlow presented a report on Bike Week.
Mayor Schmidt thanked Fire Chief Barlow and his staff.
Police Chief Ignasiak commented on anonymous noise complaints
that were received.
Police Chief Ignasiak presented a report on Bike Week.
Councilwoman Rhodes spoke of receiving more complaints on the
traffic than the noise.
Councilman Vincenzi commented on calls he received but people
noticed the police officers out on the street. He feels they did
a great job. Mayor Schmidt agreed.
The following citizens spoke:
Tanva Girvan, No Name Saloon, presented a check for $1,000 to
Fire Chief Barlow toward the fireworks display this year.
Kio Anderson, 1904B S. Riverside Drive, spoke of taking decibel
readings and them being significantly higher than the ones taken
by the City.
Councilwoman Rhodes feels if there is a discrepancy of the
magnitude that Mr. Anderson is saying, they need to find out why
and correct it.
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Andv Anderson, Pine Tree Drive
Carol Ann Stelton, 2503 Pine Tree Drive
Rav Anderson, 1905 S. Riverside Drive
Sharon Bover, 2119 Royal Palm Drive
Don Shaw, 10 Pines Edge Court
Ruben Hartman, 1727 Sabal Palm Drive
5. CITY COUNCIL REPORTS
Councilwoman Lichter spoke of four goal statements drafted by the
Water Authority of Volusia.
Councilwoman Lichter spoke of the Savvy Seniors Workshop on March
17th at the YMCA.
Councilwoman Lichter spoke of a Workshop held on Saturday with
Port Orange, New Smyrna and Edgewater. She spoke of Joe Martin,
Chairman of the Economic Development Board, being a speaker. He
spoke of industries that the City should be looking for first in
our ParkTowne Industrial Park that could bring big bucks to the
City.
Councilwoman Lichter spoke of the groundbreaking for the new High
School.
Mayor Schmidt spoke of the MPO as well as the City hosting a
Strings and Ribbons Session on April 1st at 5:00 p.m. He further
commented on what the Strings and Ribbons session is.
Mayor Schmidt wished Councilman Brown a Happy Birthday and
presented him with a Birthday Card.
Councilman Brown thanked everyone for the card.
Councilman Brown thanked the Police and Fire Departments for the
job they did during Bike Week.
Councilman Vincenzi spoke of getting complaints from businesses
about the sign regulations. He feels the Council needs to think
about the sign rules that are coming into place and maybe revisit
them.
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Mayor Schmidt feels there may be changes they need to do but he
feels the ultimate goal of getting everything cleaned up is
something where there will have to be leeway and things they have
to do.
Councilman Vincenzi feels the main problem with the sign
ordinance is it is aesthetic in nature and it is hard to regulate
aesthetics.
Councilwoman Lichter spoke of roof signs being a safety issue.
Councilwoman Rhodes spoke about complaints she received regarding
traffic during Bike Week.
Councilwoman Rhodes spoke of it bothering her regarding the
discrepancy between the City's meter and Mr. Anderson's meter.
She suggested next Bike Week they have an independent meter as
well as the City's meter. City Manager Hooper agreed to look
into this.
There was a ten-minute recess at this time. The meeting recessed
at 8:20 p.m. and reconvened at 8:30 p.m.
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. 2nd Reading, Ord. No. 2004-0-07, amending Chapter 19
(utilities and Services) of the Code of Ordinances
(first reading 2/23/04, Item 6E)
B. Res. No. 2004-R-06, modifying the schedule of rates
related to Chapter 19
At City Manager Hooper's request, Paralegal Matusick read Ord.
2004-0-07 and Res. 2004-R-06 into the record.
City Manager Hooper made a staff presentation regarding Water,
Sewer, Reuse Rates and Policies.
City Manager Hooper answered questions presented by Council.
Mayor Schmidt opened the public hearing.
The following citizens spoke:
Carol Ann Stelton, 2503 Pine Tree Drive
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Acting Finance Director Jon Williams commented on a utility
account being transferred by an existing utility customer. City
Manager Hooper explained that the increase for deposits will
affect new customers.
Ferd Heeb, 115 N. Riverside Drive
Maureen Lvnaqhan, 1926 S. Riverside Drive
Dominic Capria, 606 Topside Circle
Pat Card, 3019 Willow Oak Drive
Paul Jenkins, Willow Oak Drive
Mayor Schmidt closed the public hearing.
Councilwoman Lichter spoke about incentives for business and
industry.
Councilwoman Rhodes feels if businesses are charged more
their water they will pass the cost on to the consumer.
feels if this stays the way it is written, she will have
against it.
for
She
to vote
Councilman Vincenzi stated the way it stands now, he isn't going
to vote for it. He feels this needs to be thrown back to the
drawing board and redone. The only fee he can justify is the
doubling of the reuse water. He feels there are other things
that could be done before looking at raising rates. City Manager
Hooper spoke of being very limited in what the Council can
change. Councilman Vincenzi again expressed there are things
that can be done before they determine how much to raise the
rates.
Councilman Brown feels they need to re-evaluate some of the
figures such as the 18%, the meter test fee, the restoration of
service at $50 and deposits at $100. He feels they need to look
at this a little bit closer.
City Manager Hooper asked Councilman Vincenzi and Councilman
Brown to describe what they want to do instead of what they don't
like.
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Councilwoman Lichter spoke of tabling this item and having a
workshop where they can talk about this.
Councilwoman Rhodes
same as residences.
little bit, possibly
delinquency fee stay
stated she wants to see businesses paying the
She would like to see the 10,000 raised a
11,000. She would like to see the
at 10%.
Mayor Schmidt agreed with Councilwoman Rhodes to raise the 10,000
to 11,000 or 12,000. He spoke of the items that don't affect
people that are current. He feels there needs to be a charge in
place for the bench test. He feels the delinquency fee can
probably stay at 10%. He doesn't have a problem with the sewer
rate.
City Manager Hooper stated it sounds like they have a consensus
over several of the items. If they approve the resolution with
the increase for commercial, if they made 12,000 gallons being
when the higher rate kicks in. If they would like to leave the
penalty at 10%, let him know and he can bring back that
resolution next time when it has been advertised properly.
Councilman Vincenzi stated he would not like to make a lot of
changes tonight. He would like to see it in writing. City
Manager Hooper stated he is fine with that. He is just trying to
find out what it is they are changing so when he brings it back
that is what they can do.
Councilman Vincenzi spoke of raising rates but he hasn't heard
anybody looking at their operation. City Manager Hooper
explained that is looked at every year and this is a constant
effort.
City Manager Hooper spoke of the expenses exceeding any sort of
revenue coming in.
Councilwoman Rhodes feels this is needed and has to happen.
Councilwoman Lichter stated she would like to see something built
in that this is looked at more frequently. City Manager Hooper
stated it has an annual review.
City Manager Hooper stated they are going to continue the
ordinance and the resolution will be withdrawn and brought back
to Council at the next meeting. The Council will be taking no
action tonight except continuing the second reading of the
ordinance.
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Councilwoman Rhodes asked for Acting Finance Director Williams to
run the numbers to make sure that the changes they are asking for
will accomplish the income expense deficit.
Councilwoman Rhodes made a motion to continue Ordinance 2004-0-07
and Resolution 2004-R-06 until the April 5u meetina, second bv
Councilwoman Lichter.
The MOTION CARRIED 5-0.
There was a ten-minute recess at this time. The meeting was
recessed at 9:57 p.m. and reconvened at 10:07 p.m.
C. 1st Reading, Ord. No. 2004-0-15, amending the City
Budget for Fiscal Year ended September 30, 2003
Paralegal Matusick read Ord. 2004-0-15 into the record.
Acting Finance Director Williams made a staff presentation.
Acting Finance Director Williams and City Manager Hooper answered
questions presented by Councilwoman Rhodes, Councilman Vincenzi
and Councilwoman Lichter.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Lichter moved to approve Ord. 2004-0-15, amendina
the City Budaet for Fiscal Year ended September 30, 2003 second
bv Councilwoman Rhodes.
The MOTION CARRIED 5-0.
D. Res. No. 2004-R-07, supporting beach driving on the
beaches of Volusia County
Paralegal Matusick read Res. 2004-R-07 into the record.
City Manager Hooper made a staff presentation.
Mayor Schmidt opened the public hearing.
The following citizens spoke:
Walter Haves, Edgewater Landing
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Paul Jenkins, Willow Oak Drive
Mayor Schmidt closed the public hearing.
Councilwoman Lichter stated although yes, she will support this,
it is a historical unique situation. She feels things are not
the same as they were twenty-five years ago.
Councilman Vincenzi moved to approve Res. 2004-R-07, supportinq
beach drivinq on the beaches of Volusia County, second by
Councilwoman Rhodes.
The MOTION CARRIED 5-0.
7 . BOARD APPOINTMENTS
A. Police Pension Board - affirming Board's election
results to appoint Officer Kim Rash for a three (3)
year term
Councilwoman Rhodes moved to approve the appointment of Officer
Kim Rash for the Police Pension Board for a three-year term,
second by Councilman Brown.
The MOTION CARRIED 5-0.
8 . CONSENT AGENDA
There were no items to be approved on the Consent Agenda at this
time.
9. OTHER BUSINESS
A. Generator Purchase - staff requesting to Piggyback st.
Augustine Airport Authority bid for the purchase of a
200KW Olympian Diesel Generator for $21,754 from Ring
Power of Orlando to replace an unserviceable unit
City Manager Hooper made a brief staff presentation and answered
questions presented by Councilwoman Lichter and Councilwoman
Rhodes.
Councilwoman Rhodes moved for approval to Piqqyback st. Auaustine
Airport Authority bid for the purchase of a 200KW Olympian Diesel
Generator for $21,754 from Rinq Power of Orlando to replace an
unserviceable unit, second by Councilwoman Lichter.
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The MOTION CARRIED 5-0.
B. Donation Request - New Smyrna Beach High School
~Project Graduation" Class of 2004 is requesting a
financial contribution toward this event
Chuck Jessup, 1529 Victory Palm Drive, made a presentation. He
informed Council the City of New Smyrna Beach gave them $500.
City Manager Hooper made a brief staff presentation.
Councilwoman Rhodes moved to approve donatinq $600 to Proiect
Graduation, second bv Councilman Vincenzi.
The MOTION CARRIED 5-0.
10. OFFICER REPORTS
A. City Clerk Wadsworth had nothing at this time.
B. Paralegal Matusick had nothing at this time.
C. City Manager Hooper
City Manager Hooper commented on the Elks Club expressing an
interest to come into ParkTowne, which does not fit within the
current developer agreement so it will take a modification. He
asked for Council consensus that they are interested in having a
Lodge there.
Councilwoman Lichter spoke of the frustrations of the Elks trying
to find a location.
City Manager Hooper explained they would go on the entrance road.
He informed Council if they are interested in allowing this, he
would like to bring the developer agreement and the site plan to
Council so they can see what they are approving to come back. He
further commented on the developer agreement.
City Manager Hooper spoke of there being a mixture of feelings
regarding the Elks Lodge moving into ParkTowne.
Councilman Vincenzi feels it is intended for industrial to bring
businesses and jobs. He has mixed feelings on this.
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City Manager Hooper informed the Council they could invite the
Elks to a meeting to talk as well as some of the people that are
opposed.
Mayor Schmidt feels what you will get for the public use is a
strong thing in his mind.
Councilwoman Lichter commented on the objection from the
recycling company and their pulling out. She feels it is a very
unique and good use.
Joe Martin spoke as Chairman of the Economic Development Board as
well as personally due to having a financial interest in NIT
Holdings. He presented reasons why he feels the Elks should not
be able to go into ParkTowne. He feels the Council needs to keep
it oriented to what is in the agreement now. He then spoke of
explicitly excluding these kind of activities. They didn't feel
that was a good use for the land.
City Manager Hooper asked for Council direction.
Councilman Vincenzi feels it is a noble endeavor but not a good
use for that land.
Councilwoman Lichter presented her feelings on this.
Councilwoman Rhodes also feels it is not a good use for that land
but she feels they need to be fair. She doesn't think she would
vote for it but she feels they should hear it.
Mayor Schmidt stated he would like to hear from them. He feels
there is some very valid public part of this that the City could
benefit from.
Councilwoman Lichter suggested helping them find another
location.
Councilman Brown would also like to hear what they have to say.
City Manager Hooper agreed to bring this back and they will have
the agreement so it will be advertised and they can adopt it if
that is what they choose to do.
11. CITIZEN COMMENTS/CORRESPONDENCE
There were no citizen comments at this time.
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A. Tentative Agenda Items
There were no Tentative Agenda Items to be discussed at this
time.
12. ADJOURNMENT
There being no further business to discuss, Councilwoman Rhodes
moved to adjourn. The meeting adjourned at 10:37 p.m.
Minutes submitted by:
Lisa Bloomer
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