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03-15-2004 - Regular '-' -- 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 '-'" ...., 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. Page -2- Council Regular Meeting March 15, 2004 '-' """"" 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. Page -3- Council Regular Meeting March 15, 2004 '-" ...., 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. Page -4- Council Regular Meeting March 15, 2004 '-'" ..., 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 Page -5- Council Regular Meeting March 15, 2004 '-" ..."", 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. Page -6- Council Regular Meeting March 15, 2004 ~ .." 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. Page -7- Council Regular Meeting March 15, 2004 ....... ,..." 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 Page -8- Council Regular Meeting March 15, 2004 "-" ....., 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. Page -9- Council Regular Meeting March 15, 2004 '-' ...." 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. Page -10- Council Regular Meeting March 15, 2004 ...... ......, 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. Page -11- Council Regular Meeting March 15, 2004 'W' ....", 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 Page -12- Council Regular Meeting March 15, 2004