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05-17-2004 - Regular 'w' ....., CITY COUNCIL OF EDGEWATER REGULAR MEETING MAY 17, 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 Excused Present Excused 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 March 15, 2004 Councilwoman Lichter moved to approve the March 15, 2004 minutes, second bv Councilman Vincenzi. The MOTION CARRIED 3-0. B. Regular Meeting of April 19, 2004 Councilman Vincenzi moved to approve the April 19, 2004 minutes, second bv Councilwoman Lichter. The MOTION CARRIED 3-0. 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A. Recognition of appointed/reappointed Board/Committee members '-' .."., There were no Board/Committee members to be recognized. B. Elden McDirmit/Kelly Leary, McDirmit Davis Puckett, presenting the Comprehensive Annual Financial Report for fiscal year ended September 30, 2003 Elden McDirmit, McDirmit Davis Puckett, presented the Comprehensive Annual Financial Report for the City of Edgewater for FYE 2003. He briefly commented on there being a significant change from last year's report to this year's report due to GASB 34. C. Proclamation - Emergency Medical Services Week Vice Mayor Lichter read the proclamation declaring May 16th - May 22nd as Emergency Medical Services Week. Mayor Schmidt presented Councilwoman Lichter with a birthday card and wished her a Happy Birthday. Mayor Schmidt presented Jennifer Smith of the Observer with a stuffed raccoon because of an editorial she wrote regarding an encounter she had with a raccoon. 4. CITIZEN COMMENTS The following citizens spoke: Pat Card, 3019 Willow Oak Drive Dominic Capria, 606 Topside Circle ~ke Visconti, 316 Pine Breeze Drive John Cordeiro, 1515 Pine Tree Drive Councilwoman Lichter and Mayor Schmidt responded to Mr. Cordeiro's concerns. 5. CITY COUNCIL REPORTS Councilwoman Lichter stated Edgewater has been added to the DBCC sign on 10th Street. Page -2- Council Regular Meeting May 17, 2004 ~ ~ Councilwoman Lichter asked about the County putting a sabbatical on the 5% sales tax for gasoline and taking it off for a couple of months. City Manager Hooper explained why he didn't believe it was possible. He agreed to ask if there is an interim or moratorium they could put for a period of time but he thinks legally once they adopt it, it is for a period of time and they enter into agreements with several cities to adopt it. Councilwoman Lichter showed a picture of the City Halls in Pampalona, Spain and San Sebastian, Spain. Mayor Schmidt had nothing at this time. Councilman Vincenzi stated to Jennifer Smith of the Observer that in case she hadn't noticed, the Mayor likes her. He will probably ask her out after the meeting. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearing, Tanya Girvan, owner of No Name Saloon, 2001 S. Ridgewood Avenue, requesting a Special Activity Permit for an "Edgewater MetalfestU with outdoor music to be held on June 26, 2004, and the closing of Boston Road from 12:00 p.m. - 10:00 p.m. City Manager Hooper made a staff presentation. Councilman Vincenzi stated he had a problem with outside music. He spoke of the problems during Bike Week and Biketoberfest with the noise levels always fluctuating. He doesn't feel there will be a problem with this event. Tanya Girvan, No Name Saloon, commented on the bands that will be playing. They will be donating a part of the profits to Drug Free Youth. She further commented on Bike Week and Biketoberfest and noise complaints that are received being anonymous. She feels this should be changed and people should have to provide their name. Mayor Schmidt opened the public hearing. The following citizens spoke: Pat Card, 3019 Willow Oak Drive Page -3- Council Regular Meeting May 17, 2004 ..... ,.,., James Fairhurst, 2006 S. Riverside Drive Ferd Heeb, 115 N. Riverside Drive There was a discussion regarding the No Name Saloon having to hire an independent certified noise level reader to monitor noise levels for this event and if they hire one, people may complain that they bought someone special. Pat Card, 3019 Willow Oak Drive Mayor Schmidt closed the public hearing. Mayor Schmidt asked if this could be approved with number seven being a condition that you folks need to work on. City Manager Hooper informed the Council they could delete number seven. Councilman Vincenzi stated he wasn't sure if he was going to vote because there were only three Councilpeople present. He also had a problem with the outdoor music. Councilwoman Lichter spoke of consistent complaints she receives from elderly people on Pelican Lane. City Manager Hooper spoke of having an ordinance that allows outdoor music. If they change the ordinance, and not allow outdoor entertainment they would be back to square one where they were years ago. Ms. Girvan answered questions presented by Councilwoman Lichter. Councilwoman Lichter moved to approve the Special Activity Permit for an "EdG'ewater Metalfest" with outdoor music to be held on June 26, 2004, eliminatinG' Staff Recommendation number seven. Due to there beinG' no second, Mayor Schmidt passed the G'avel to Vice Mayor Lichter and seconded the motion. The MOTION CARRIED 3-0. Mayor Schmidt asked to have a game plan presented to the Council to replace number seven at the next meeting. Page -4- Council Regular Meeting May 17, 2004 '-" ....." Councilwoman Lichter would like the staff to look into a property that is now being used as a parking lot by the No Name, mentioned by Mr. Fairhurst. Mayor Schmidt stated he thought that is a piece of property that Ms. Girvan bought that is an empty piece of property. B. 2nd Reading, Ord. No. 2004-0-20, Bruce Moss requesting a change in zoning classification to City 1-2 (Heavy Industrial) for 3.29+ acres of property located at 117 N. Flagler Avenue Paralegal Matusick read Ord. 2004-0-20 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. 2004-0-20, Bruce Moss reauestinq a chanqe in zoninq classification to City I-2 (Heavv Industrial) for 3.29+ acres of property located at 117 N. Flaqler Avenue, second bv Councilman Vincenzi. The MOTION CARRIED 3-0. 7 . BOARD APPOINTMENTS A. Economic Development Board - Mayor Schmidt and Councilman Brown's nominations to fill two (2) vacated seats due to expired terms B. Planning & Zoning Board - Councilman Brown's nomination to fill a vacated seat due to an expired term The Board Appointments were tabled due to Councilman Brown not being present at the meeting. 8. CONSENT AGENDA A. Rotary Park Playground Equipment Purchase - staff recommending approval to purchase playground equipment through the provisions of a Florida State Contract from Gametime in the amount of $25,864.75 and authorize the Ci ty Manager to execute the agreement. (This was approved in 2004 budget) Page -5- Council Regular Meeting May 17, 2004 '-" ....., B. Annual street Resurfacing Program - staff recommending approval to piggyback on a Volusia County Bid for the resurfacing of various roads with Halifax Paving for the amount of $511,290. (This was approved in 2004 budget) Councilman Vincenzi moved to approve the Consent Aqenda, second bv Councilwoman Lichter. The MOTION CARRIED 3-0. City Manager Hooper agreed to provide a list of the streets to be paved to Mayor Schmidt. Mayor Schmidt further spoke of side streets that have sustained a lot of damage from the finishing of Indian River Boulevard. 9. OTHER BUSINESS A. Pension Plans - staff requesting approval to seek an independent Performance Monitor and independent investment services for all of the City's Defined Benefit Pension Plans City Manager Hooper made a staff presentation. This is asking Council for authority to strictly advertise. There is a selection process. It comes back to Council for final contract and approval. City Manager Hooper answered questions presented by Councilwoman Lichter. Mayor Schmidt asked for some information from cities roughly our size with our employee size that may use one. City Manager Hooper explained they will when they go through the process. Councilwoman Lichter moved to approve advertisinq to seek an independent Performance Monitor and independent investment services for all of the City's Defined Benefit Pension Plans, second bv Councilman Vincenzi. The MOTION CARRIED 3-0. 10. OFFICER REPORTS A. City Clerk Wadsworth had nothing at this time. Page -6- Council Regular Meeting May 17, 2004 '-' ....., B. Paralegal Matusick had nothing at this time. C. City Manager Hooper City Manager Hooper updated the Council on the Florida Recycling situation. They have responded by having two personnel on each of the recycling vehicles but they also want to appear June 7th to describe to Council some technical equipment to be placed in the truck so they can go back to one with that equipment. City Manager Hooper stated they are in compliance now and will be on the June 7th agenda under Presentations. City Manager Hooper answered questions presented by Councilwoman Lichter. 11. CITIZEN COMMENTS/CORRESPONDENCE The following citizens spoke: Pat Card, 3019 Willow Oak Drive Ferd Heeb, 115 N. Riverside Drive John Cordeiro, 1515 Pine Tree Drive Councilwoman Lichter asked if options are being explored for the Elks. City Manager Hooper stated Council directed him to get back with the owners and bring them an answer as to whether they were amenable to sign off and modify the other agreement. He is working on some choices of property that look very favorable. There was a discussion regarding the paving of Riverside Drive. 12. ADJOURNMENT There being no further business to discuss, Councilwoman Lichter moved to adjourn. The meeting adjourned at 8:30 p.m. Minutes submitted by: Lisa Bloomer Page -7- Council Regular Meeting May 17, 2004