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08-02-2004 - Regular ... '-' ,...., CITY COUNCIL OF EDGEWATER REGULAR MEE TING AUGUST 2, 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 There were no minutes to be approved at this time. 3. PRESENTATION/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A. Recognition of appointed/reappointed Board/Committee members Mayor Schmidt recognized Martin Tse for being reappointed to the Firefighters Pension Fund Board. Mayor Schmidt also recognized County Councilman Jack Hayman and Jim Ward, who is running for State Representative for District 28. 4. CITIZEN COMMENTS The following citizens spoke: ~ke Visconti, 316 Pine Breeze Drive ~ ~ Pat Card, 3019 Willow Oak Drive Rav Anderson, 1905 S. Riverside Drive Jack Lever, 102 Boston Road 5. CITY COUNCIL REPORTS Councilman Vincenzi had nothing at this time. Councilwoman Rhodes stated she had a call today about how long it takes the City to pick up yard clippings. She suggested discussing having one day a month pick up. City Manager Hooper commented on a shortage of manpower and a shortage of equipment. They are looking at why it has occurred and what they have to do to avoid it. Councilwoman Lichter invited the Council to join her on the third Wednesday of every month to attend the WAV meetings at Votran. She spoke of the WAV group knowing that something has to be done but you have to do it wisely. She spoke of conservation not solving the problem but it will help. The new ordinance from the County is working with the builders saying only a portion of your property can be grassed. Mayor Schmidt informed Council they had their third meeting with Oak Hill and the County over the annexations that Oak Hill wants to do. Councilman Brown had nothing at this time. 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 a: 1) Confederate Flag Poker Run and Re-enactment, with outdoor music, to be held October 2, 2004 2) Biketoberfest, with outdoor music, to be held October 15-24, 2004 3) Children's Advocacy Christmas Poker Run, with outdoor music, to be held November 7, 2004 Page -2- Council Regular Meeting August 2, 2004 ...... .."", City Manager Hooper made a staff presentation. City Manager Hooper answered questions presented by Councilwoman Lichter. Mayor Schmidt opened the public hearing. The following citizens spoke: Mark Watson, Cobb & Cole, 150 Magnolia Avenue, Daytona Beach Rav Anderson, 1905 S. Riverside Drive Pat Card, 3019 Willow Oak Drive Bob Labiak, Riverside Drive, Riverview Landings Mayor Schmidt closed the public hearing. There was a discussion regarding the closing of Boston Road. Councilwoman Rhodes commented on having to keep going back to the No Name to tell them to turn the noise down. She also commented on the work that was put into the ordinance. She feels some fine tuning may need to be done. She is not seeing the cooperation that she would like to see from the No Name. Councilman Vincenzi feels the noise ordinance is adequate if it is enforced properly. He feels a business in town has a right to run their business but they don't have a right to disturb other people's lifestyles. If the noise continues to go over the decibel limits he won't vote for it. Councilman Vincenzi expressed concern with the PA system being on after 9 p.m., enforcement of parking on the right-of-way being done on a complaint basis, and sound requirements not being enforced. City Manager Hooper elaborated on Councilman Vincenzi's concerns. Councilman Brown commented on the special events getting a little bit better every year and being more controlled. He suggested checking on things every half hour instead of every hour. Councilman Vincenzi feels if Code Enforcement does it right it takes 45 minutes to an hour to make measurements. City Manager Hooper stated once an hour is about all you will get. They split shifts and cover all of that. Page -3- Council Regular Meeting August 2, 2004 ..... """"" City Manager Hooper further commented on the parking on the right-of-way being in somebody's front yard. The enforcement of the right-of-way is and will continue to occur. Councilwoman Lichter asked if the band area has been insulated. City Manager Hooper commented on what the No Name did to decrease the noise. Mayor Schmidt commented on the local businesses that have drive- thru's that have an outdoor PA system that are almost as loud as the PA system at the No Name. Councilwoman Lichter commented on a list of businesses that said thank you for recognizing Bike Week due to the business it brings in to the local businesses. Fire Chief Barlow answered questions presented by Councilman Brown regarding the sound baffling that was done at the No Name. Councilman Vincenzi feels the PA system outside is a big problem and needs to be taken care of. Fire Chief Barlow answered questions presented by Mayor Schmidt regarding how the meter readings on the PA system come out. Councilman Vincenzi questioned what happens if they keep receiving violations for noise. City Manager Hooper explained the fine increases. Councilwoman Rhodes made a motion to qrant the special activity permits for activities with outdoor music October 2nd, 15th - 24th and November 7th with no outside PA after 9 p.m., second by Councilman Vincenzi. Councilwoman Rhodes amended her motion to include keepinq Boston Road open, second by Councilman Vincenzi. The MOTION CARRIED 3-2. Mayor Schmidt and Councilwoman Lichter voted NO. B. 2nd Reading, Ord. No. 2004-0-24, City of Edgewater exempting itself from early voting Paralegal Matusick read Ord. 2004-0-24 into the record. City Manager Hooper made a staff presentation. Page -4- Council Regular Meeting August 2, 2004 ...... ." city Clerk Wadsworth asked for Council consensus to ask the Volusia County Elections Supervisor to possibly open a satellite office on this side of the County. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2004-0-24, City of Edaewater exemptina itself from early votina, second by Councilman Brown. The MOTION CARRIED 5-0. It was the consensus of Council to request a satellite office be opened on this side of the County. There was a ten-minute recess at this time. The meeting recessed at 8:00 p.m. and reconvened at 8:10 p.m. C. 2nd Reading, Ord. No. 2004-0-25, adopting ballot language for the November 2004 referendum concerning City Charter Amendments Paralegal Matusick read Ord. 2004-0-25 into the record. City Manager Hooper made a staff presentation. He proceeded to go over the three alternative language proposals with regard to Section 4.04. He suggested they leave it the way it is in the current City Charter. Mayor Schmidt opened the public hearing. The following citizen spoke: Pat Card, 3019 Willow Oak Drive Mayor Schmidt closed the public hearing. Councilwoman Lichter liked what the Charter Review Committee did and stated she is not adverse to the creation of departments as presented by the Charter Review Committee. Mayor Schmidt feels the Vice Mayor position should be chosen amongst the Council. Page -5- Council Regular Meeting August 2, 2004 .." ..""" Councilwoman Rhodes moved to approve Ord. 2004-0-25, adoptina ballot lanauaae for the November 2004 referendum concernina City Charter Amendments with the oriainal wordina for the Creation of Departments, Section 4.04 as proposed by the Charter Review Committee, second by Councilwoman Lichter. The MOTION CARRIED 5-0. D. 2nd Reading, Ord. No. 2004-0-26, adopting ballot language for the November 2004 referendum concerning Capital Improvement Projects Paralegal Matusick read Ord. 2004-0-26 into the record. City Manager Hooper made a staff presentation. Mayor Schmidt opened the public hearing. City Manager Hooper answered questions presented by Councilwoman Rhodes, Councilman Brown and Mayor Schmidt. The following citizens spoke: Pat Card, 3019 Willow Oak Drive Dominic Capria, 606 Topside Circle ~ke Visconti, 316 Pine Breeze Drive Mayor Schmidt closed the public hearing. Councilwoman Rhodes moved to approve Ord. 2004-0-26, adoptina ballot lanauaae for the November 2004 referendum concernina Capital Improvement Pro1ects, second by Councilman Brown. The MOTION CARRIED 5-0. 7 . BOARD APPOINTMENTS A. Construction Regulation Board (7) nominations by Councilman Vincenzi to fill seats due to expired terms and to replace a member who has moved outside of City limits (tabled July 19, 2004, Item 7B) Page -6- Council Regular Meeting August 2, 2004 '-" ..",., Councilman Vincenzi moved to reappoint ~ke Bosse, Scott Waldroff, Andrew Hunt, Charles Cobb, James Tindall, and Donald Slaney to the Construction Reaulation Board and to appoint ~chael Stull, second bv Councilwoman Rhodes. The MOTION CARRIED 5-0. 8 . CONSENT AGENDA There were no items to be discussed on the Consent Agenda at this time. 9. OTHER BUSINESS There was no Other Business to be discussed at this time. 10. OFFICER REPORTS A. City Clerk City Clerk Wadsworth had nothing at this time. B. City Attorney Paralegal Matusick had nothing at this time. C. City Manager Hooper City Manager Hooper commented on the court mandated mediation hearing with Oak Hill attended by Mayor Schmidt and Councilman Brown. He passed out information regarding what Oak Hill has annexed. Volusia County and the City of Edgewater have challenged those. They have gone through two State directed mediation hearings. After today's mediation, they haven't gotten anywhere. This will now be going to Circuit Court. There was a brief discussion regarding Mary Hansen representing Oak Hill. 11. CITIZEN COMMENTS/CORRESPONDENCE The following citizen spoke: ~ke Visconti, 316 Pine Breeze Drive Page -7- Council Regular Meeting August 2, 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 8:50 p.m. Minutes submitted by: Lisa Bloomer Page -8- Council Regular Meeting August 2, 2004