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06-07-2004 - Regular '-" ....., CITY COUNCIL OF EDGEWATER REGULAR MEE TING JUNE 7, 2004 7:00 P.M. COMMUNITY CENTER MINUTES 1 . CALL TO ORDER Mayor Schmidt called the Regular Meting 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 City Attorney Scott Cookson Present Present Excused 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 AprilS, 2004 Councilwoman Lichter moved to approve the April 5, 2004 minutes, second by Councilman Brown. The MOTION CARRIED 4-0. B. Regular Meeting of May 3, 2004 Councilman Brown moved to approve the May 3, 2004 minutes, second by Councilwoman Rhodes. The MOTION CARRIED 4 -0. '-' ,..", C. Regular Meeting of May 17, 2004 Councilwoman Rhodes moved to approve the Mav 17, 2004 minutes, second bv Councilwoman Lichter. The MOTION CARRIED 4-0. 3. PRESENTATION/PROCLAMATIONS/PLAQUES/CERTIFlCATES/DONATIONS A. Recognition of appointed/reappointed Board/Committee members There were no Board/Committee members to be recognized. B. Officer Tim Ball, representing the Edgewater Police Department, presenting a plaque to Clare Gebelein in recognition of meritorious service performed for the Citizens Assisting Police (CAPs) Program Police Chief Ignasiak and Tim Ball recognized Clare Gebelein and presented her with a plaque. C. Joe Briarton, Florida Recycling Services, Inc., discussing their operational procedures City Manager Hooper made a staff presentation. Joe Briarton, Waste Services of Florida Inc., made a presentation. Jack Hulligan, General Manager, was also present. They don't feel that two people on a truck will reduce the risk substantially. He further commented on installing cameras on their trucks. He presented an option of having a non-mandatory drop off program where recyclables are brought to different locations to completely eliminate the risk. Councilwoman Lichter asked if they have used the cameras successfully in other places. Mr. Briarton commented on having the cameras on their front load trucks, some of their rear load as well as some of their recycling trucks. Currently they are on the back of the trucks. He spoke of having to place cameras on the sides of the trucks. Mayor Schmidt spoke on the truck still rolling while the driver is jumping off the truck. He expressed concern with the driver forgetting the camera is there after a period of time. Mr. Briarton stated action is taken against those employees who aren't following policy. Page -2- Council Regular Meeting June 7, 2004 '-" ,..., Councilwoman Lichter spoke of organizing the routes so Florida Shores and other areas where there are a lot of kids there might be two on the truck and no type of surveillance where there are adult communities. Mr. Briarton stated it would be difficult for them to employ people just for a certain section of the route. He feels the cameras are the answer. Mayor Schmidt asked City Manager Hooper if they have talked price wise what it would cost to keep two people on a truck. City Manager Hooper explained they have submitted a price what two costs to them and adds $.30 to each bill. The City would not be obligated to pay that due to a contract being signed that gives the Council the authority to say what is safety and can demand the two and there would be no change. He thinks they are going to ask for the $.30. They may get into a situation where there is discussion about whether they would choose to continue to operate and pick up recycling if there wasn't a rate increase. Councilwoman Rhodes doesn't feel cost should be a factor in making this decision. She spoke of Florida Recycling coming in one cent lower than Southard's when the City renewed the contract. She doesn't feel it is safe to have a huge truck running with nobody in it sitting on a residential street. Mr. Briarton further spoke of all the current bids being bid with one man. Even solid waste is going to automated trucks with one man due to rising insurance costs and worker's compensation costs. Councilwoman Lichter asked how long the contract is for. City Manager Hooper informed her they have another three years. Mayor Schmidt spoke of holding a public hearing to get citizen input. There was further discussion regarding the contract. City Manager Hooper stated the Council is being asked if they are willing to take the alternative or do they want to stay with two people on a truck. Councilwoman Lichter moved to put this subiect on the next aaenda for a public hearina and let it stay status auo for two weeks, second bv Councilwoman Rhodes. The MOTION CARRIED 4 -0. Page -3- Council Regular Meeting June 7, 2004 .... ...", 4. CITIZEN COMMENTS The following citizens spoke: Mike Visconti, 316 Pine Breeze Drive Andv Anderson, Pine Tree Drive There was a discussion regarding the watering hours and days for reclaimed water being different than potable and well water. city Manager Hooper further commented on there being over 800 citations that have been issued to people watering when they aren't supposed to be. There was a discussion regarding children playing basketball in the streets with the portable basketball hoops. City Manager Hooper spoke of this being a constant and chronic problem and Code Enforcement issuing citations. Fire Chief Barlow further commented on notice of violations being issued. He spoke of a new tactic they will be implementing soon to have them confiscated. Alan Flassiq, 3311 Kumquat Drive There was a discussion regarding the reclaimed water pressure and what is being done at the wastewater treatment plant and people watering when they aren't supposed to. Councilwoman Rhodes expressed concern with the reclaimed water rate being doubled and people on the south end still not getting the water. She feels it isn't right that they are paying for water they aren't getting. Sheila Bernard, 3109 Orange Tree Drive There was a discussion regarding the water patrolling that is being done. Councilwoman Rhodes feels people south of 30th Street shouldn't have to pay for reclaimed water for the month of May. Councilman Brown agreed. Charles Ruddv, 3113 Orange Tree Drive John Cordeiro, 1515 Pine Tree Drive Page -4- Council Regular Meeting June 7, 2004 ~ ....., city Manager Hooper stated it would be very difficult from a section south. He has great difficulty saying they should give a credit to the abusers to the north. He feels if they could have some latitude and tell them they want them to look at a dividing line and work with Finance Director Jon Williams of saying where they could come up with a street or a route. There is a way to look at that. The computer spits out numbers but it is not by addresses. Mayor Schmidt suggested they give a credit for June and July or July and August, whichever is in the billing cycle. He has a feeling there will be many people on the north end that are going to wish they used the water the way they supposed to. As long as we keep patrolling, they are going to learn the hard way. He suggested giving the $5 increase back for a couple of months. Councilman Brown suggested they increase the amount of people that are patrolling. City Manager Hooper stated they could do that. Councilwoman Rhodes questioned not be able to sort by address. Finance Director Jon Williams explained they bill by sections. Within each section they have various books that are set up. It is co-mingled. Because of the way it is set up they may incorporate some of the folks in the north end by giving a particular section a credit or turning off the billing for that cycle. Councilwoman Lichter would like them to come back with some figures. She feels that the one month there was totally no water should be sufficient for those that weren't getting any water, if they can figure that out. City Manager Hooper suggested they put in abeyance the increase for two months for all reclaimed users. Councilwoman Lichter asked if there are wells in Florida Shores. City Manager Hooper informed her irrigation wells. Councilwoman Lichter asked if people can still have wells put in. City Manager Hooper informed her if you live in Florida Shores where reclaimed water is available you can't get a new well. Councilwoman Rhodes made a motion that the increase in reclaimed water does not CTO into effect until Julv 15th. Page -5- Council Regular Meeting June 7, 2004 ...., ....IIl Councilwoman Rhodes asked Finance Director Williams if that will work. Finance Director Williams explained there are bills they have already sent out that have been prorated based off of a May 15th date. There have been bills that have gone out that have had the rates adjusted but they are being prorated based on the number of days in which the months they fall. They are not going to go back and credit the customers at this point but they can roll back the rate to $5 and take that from that point forward. That would be a tremendous amount of work. All that is hand calculated and manually input into the system when they do credits on customer accounts. Councilwoman Rhodes then suggested they give a $10 credit to each account. Councilman Brown seconded the motion. The MOTION CARRIED 4 -0. Councilman Brown again asked if they can put people on temporary water policing. City Manager Hooper informed him they can do that. Councilwoman Rhodes suggested having a volunteer group like the CAPS group to do it. City Manager Hooper stated they could look into it but it is awkward hours for volunteers. 5. CITY COUNCIL REPORTS Councilwoman Lichter presented Mayor Schmidt with a birthday card. Councilwoman Lichter spoke about the Memorial Day Ceremony. Councilwoman Lichter informed the Council the Water Authority of Volusia came up with a budget for this year after a three hour debate. There is about a $2,500 increase for the City to belong to WAV. Mayor Schmidt also commented on the Memorial Day Ceremony. Mayor Schmidt informed the Council tomorrow through Friday he is going to Nevada to speak at a Best Practice City/County Government that is going on for our communications center that the three cities have done. He agreed to report back at the next meeting. Page -6- Council Regular Meeting June 7, 2004 "-" ",,-,' Councilman Brown stated he has had some comments on the center lane of SR 442. A couple of people have expressed concern with almost having head-on collisions. Mayor Schmidt spoke about there not being enough space between the streets won't allow the painting of a cut through. That is why you have the runway with all the arrows. People have to re-teach themselves how to drive that road. Councilwoman Lichter suggested they bring it up to D.O.T. She spoke about pulling out of Eckerd's driveway now being better. Mayor Schmidt agreed to bring it up at the M.P.O. meeting. Councilwoman Rhodes had nothing at this time. There was a ten-minute recess at this time. The meeting recessed at 8:10 p.m. and reconvened at 8:20 p.m. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 2nd Reading, Ord. No. 2004-0-11, Edgewater Harbor, LLC, requesting an amendment to the Comprehensive Plan Future Land Use Map from Volusia County Industrial to City Mixed Use with Conservation Overlay for approximately 60 acres of property located at 4015 US1 (lst Reading 2/23/04, Item 6D) Paralegal Matusick read Ord. 2004-0-11 into the record. City Manager Hooper made a staff presentation. He stated Chief Planner Darren Lear would be entering into the record an RFP as an advertisement. The purpose to do this is going through competent and substantial findings of fact which will lead them to where they currently are today. This RFP package is advertised on September 2003 and he is going to enter that into the record that City Clerk Wadsworth is going to take care of. City Attorney Cookson stated they have a sign in sheet at the back that is required by Statute for anyone wishing to receive notice of the decision of the State Planning Agency with respect to this. City Manager Hooper stated Council's action tonight gets transmitted back to the State. They then advertise that action and it becomes final after a twenty-one day period in which somebody can voice an objection. Tonight they are being asked to make the land use decision based on these findings of fact that have been presented to Council. Page -7- Council Regular Meeting June 7, 2004 ........ ...., City Manager Hooper further explained the final ordinance is forwarded back to the Department of Community Affairs and they advertise that action of Council. Once they receive the DCA report there is a requirement that within 60-days this either be adopted or denied. By July 5th, there needs to be a final action. City Manager Hooper spoke of working with Boston Whaler to come to an agreement over the zoning and the use of the property. There have been four requests from Boston Whaler of which three have been complied with, which he listed at this time. They have not been able to come to grips with a fund to set aside money to make improvements in case there were environmental issues or complaints. He suggested this can be solved at a later date. This is an issue that is dealing with compatibility, densities and intensities. City Manager Hooper answered questions presented by Councilwoman Rhodes, Councilwoman Lichter and Councilman Brown. City Manager Hooper informed Council Edgewater Harbor was present as well as Boston Whaler. Chief Planner Lear presented exhibits to City Clerk Wadsworth. Rob Merrill, Cobb & Cole, 150 Magnolia Avenue, presented handouts to Council and made a presentation on behalf of Boston Whaler. Mr. Merrill answered questions presented by Councilwoman Lichter and Councilwoman Rhodes. Danny Michelbrink, Edgewater Harbor, explained from day one, they have gotten the concerns from Boston Whaler and have incorporated them into their development agreement. He elaborated on other concerns that have been mentioned by Boston Whaler that have also been incorporated into the agreement. He would like to see them get approval tonight so they can stay on track and keep their commitments. Mr. Michelbrink answered questions presented by Councilwoman Lichter. Councilman Brown spoke about the people purchasing the condominiums contributing toward the improvements to be made at Boston Whaler to make sure they don't have a problem with the smell. Page -8- Council Regular Meeting June 7, 2004 ~ ..,., Mr. Michelbrink stated he thinks they are still committed to working with the City in partnership to find a solution to that problem. Councilwoman Rhodes presented her feelings regarding the three parties working this out together. City Manager Hooper further commented on where they are hung up. Staff is asking Council to start the clock, approve the land use and force them to sit down and get very serious very fast with coming up with a solution to economically fund this between the three parties. Mayor Schmidt opened the public hearing. The following citizens spoke: Pat Card, 3019 Willow Oak Drive Ferd Heeb, 115 N. Riverside Drive Melissa Green, 2317 Orange Tree Drive Butch Krishnamurti, 1645 Dunlawton Avenue, Director of Human Resources, Boston Whaler John Weiss, 3611 Dagon Street, Director of Manufacturing, Boston Whaler Hal Reed, 2526 Royal Palm Drive, Boston Whaler employee Ken Beaureqard, Boston Whaler employee James Kuti, 2945 Travelers Palm Drive, Boston Whaler employee Rich M2ller, 2104 Kumquat Drive, Boston Whaler employee Mike Visconti, 316 Pine Breeze Drive Georqe Hetzel, 105 Via Benevento, New Smyrna Beach, Boston Whaler employee Rhonda Harvill, 4730 Beacon Light Road, Boston Whaler employee There was a fifteen-minute recess at this time. The meeting recessed at 9:50 p.m. and reconvened at 10:05 p.m. Page -9- Council Regular Meeting June 7, 2004 'w' ., Jason Foster, 572 Cloudcroft Avenue, Deltona, Boston Whaler employee Bob Kuehl, 998 Windham Court, Port Orange, Boston Whaler employee Roqer Haves, 1812 Umbrella Tree Drive, Boston Whaler employee John Cordeiro, 1515 Pine Tree Drive David Blair, 1703 Bradford Road Mayor Schmidt closed the public hearing. Councilwoman Lichter, Councilwoman Rhodes, Councilman Brown and Mayor Schmidt presented their comments at this time. City Manager Hooper answered questions presented by Councilwoman Rhodes. City Manager Hooper stated he is going to recommend the Council approve this and direct staff to bring this back before their appeal time runs out. Approve the land use and direct him to meet with them and bring something back. He further commented on if they don't come to a solution that Rob Merrill and his client agree to, they are going to appeal it. Then there is a long drawn out process that no one wants to go through. That puts the burden and pressure on everyone to work together and solve this. Mr. Merrill feels they would be put in an adversarial role with the Council giving them 21 days to file an appeal to the Council's action tonight. He feels this is an unfair position they are being put in. He asked that this be held off for two weeks. There was further discussion regarding this being discussed for two years. Mr. Michelbrink commented on a meeting held with Boston Whaler several weeks ago. Howard Marks, Attorney, Edgewater Harbor LLC, spoke on behalf of Edgewater Harbor. They have already purchased the property and spent a lot of money. This project is either going to move forward now or it is going to die very quickly. He feels it is unfair for everybody if they continue to delay it. Page -10- Council Regular Meeting June 7, 2004 ~ ""-ttI Councilwoman Lichter moved to approve Ord. 2004-0-11 and direction to City staff to continue to work towards a resolution on outstandina issues in a hurry. Mavor Schmidt passed the aavel and seconded the motion. The MOTION DIED 2-2. Councilwoman Rhodes moved to allow Boston Whaler two weeks and at the end of two weeks this comes back to Council and is voted on one way or the other, second bv Councilman Brown. The MOTION CARRIED 3-1. Mavor Schmidt voted NO. B. 2nd Reading, Ord. No. 2004-0-21, Edgewater Harbor, LLC, requesting an amendment to the Official Zoning Map from Volusia County I-3W (Waterfront Industrial) to City RPUD (Residential Planned Unit Development), approval and authorization for execution of the associated PUD Agreement for 60+ acres of property located at 4015 US1 (lst Reading 4/19/04, Item 6F) Paralegal Matusick read Ord. 2004-0-21 into the record. Councilman Brown moved to continue this for two weeks, second bv Councilwoman Rhodes. The MOTION CARRIED 4-0. Due to time constraints, Mayor Schmidt moved to Item 9. 9. OTHER BUSINESS A. Elevated Water Tank Improvement Program - staff recommending approval of Notice to Award Bid to Utility Service Co. Inc. for refurbishing the tank in Florida Shores and demolition of the Park Avenue tank for the budgeted amount of $175,000 and authorize the Mayor or City Manager to execute the contract Councilwoman Rhodes moved to approve the Notice to Award Bid to utility Service Co. Inc. for refurbishina the tank in Florida Shores and demolition of the Park Avenue tank for the budaeted amount of $175,000 and authorize the Mavor or City Manaaer to execute the contract, second bv Councilwoman Lichter. Page -11- Council Regular Meeting June 7, 2004 .... ....., The MOTION CARRIED 4-0. After a brief discussion, Council decided they would continue until 11:00 p.m. C. 2nd Reading, Ord. No. 2004-0-12, Rick Rosen, owner, requesting an amendment to the Comprehensive Plan Future Land Use Map to include 23.5~ acres of land located at 3149 SR 442 as Mixed Use with Conservation Overlay (1st Reading 2/23/04, Item 6I) City Manager Hooper made a staff presentation. Paralegal Matusick read Ord. 2004-0-12 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Brown moved to approve Ord. 2004-0-12, Rick Rosen, owner, reauestinq an amendment to the Comprehensive Plan Future Land Use Map to include 23.5+ acres of land located at 3149 SR 442 as Mixed Use with Conservation Overlay, second by Councilwoman Rhodes. The MOTION CARRIED 4-0. D. 2nd Reading, Ord. No. 2004-0-13, HNWW, Inc., requesting an amendment to the Comprehensive Plan Future Land Use Map to include 27~ acres of property located south of 22nd Street and west of Silver Palm Drive as Low Density Residential with Conservation Overlay (1st Reading 2/23/04, Item 6J) Paralegal Matusick read Ord. 2004-0-13 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2004-0-13, HNWW, Inc., reauestinq an amendment to the Comprehensive Plan Future Land Use Map to include 27+ acres of property located south of 22nd street and west of Silver Palm Drive as Low Density Residential with Conservation Overlay, second by Councilwoman Rhodes. The MOTION CARRIED 4-0. Page -12- Council Regular Meeting June 7, 2004 '-" ...." E. 2nd Reading, Ord. No. 2004-0-14, City of Edgewater requesting an amendment to the Comprehensive Plan Future Land Use Element and Intergovernmental Coordination Element to include language pertaining to the Interlocal Agreement between the City and Volusia County School Board regarding Public School Facility Planning (1st Reading 2/23/04, Item 6K) City Manager Hooper made a staff presentation. Paralegal Matusick read Ord. 2004-0-14 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Rhodes moved to approve Ord. 2004-0-14, Citv of Edcrewater requestincr an amendment to the Comprehensive Plan Future Land Use Element and Intercrovernmental Coordination Element to include lanquacre pertainincr to the Interlocal Acrreement between the Citv and Volusia Countv School Board recrardincr Public School Facilitv Plannincr, second bv Councilwoman Lichter. The MOTION CARRIED 4-0. F. 1st Reading, Ord. No. 2004-0-23, amend Chapter 11 (Occupational Licenses, Taxes and Regulations) of Article I (General) by amending Sections 11-7 (Administrative Fees, Application Fees and Inspection Fees) and 11-8 (License Tax Schedule) of the Code of Ordinances Councilwoman Lichter moved to continue Item 6F to June 21st, second bv Councilwoman Rhodes. The MOTION CARRIED 4-0. 7 . BOARD APPOINTMENTS A. Economic Development Board - Mayor Schmidt and Councilman Brown's nominations to fill two (2) vacated seats due to expired terms (tabled from June 7, 2004) Mayor Schmidt suggested reappointing Douglas McGinnis for another three year term. Page -13- Council Regular Meeting June 7, 2004