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10-04-2004 - Regular '-" ..." CITY COUNCIL OF EDGEWATER REGULAR MEETING OCTOBER 4, 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 Deputy City Clerk Lisa Bloomer Paralegal Robin Matusick Present Present Present Present Present Present Excused 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. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS There were no presentations at this time. 4. CITIZEN COMMENTS Tanya Girvan, No Name Saloon, stated back in August she came to Council for a permit for the Confederate Flag Run to be held this past Saturday. They had to cancel because some of the members that run it are from down south and they had a lot of damage. Between Saturday and now, the New Smyrna Beach Board of Realtors has a Christmas run for local kids and they have it in November 14th and they asked for that permit in the past and she hasn't been able to give it to them because it has been taken up by someone else. She asked if she could have special permission to take that permit and use it for their run in November. ....... ~ City Manager Hooper informed Council it is within their jurisdiction. He spoke of being asked for rain dates in the past. As long as they have the same terms and same conditions to the permit, they can exchange dates if they wish. Mayor Schmidt asked if this requires re-notification. City Manager Hooper informed him no. Council woman Rhodes moved to aran t Ms. Girvan a chanae of da te for the Confederate Run, second bv Councilman Brown. The MOTION CARRIED 5-0. 5. CITY COUNCIL REPORTS Councilwoman Rhodes stated when she was coming to the meeting she couldn't get out of her driveway because they were picking up the debris from the road. Councilwoman Lichter stated the only comment she has in terms of what happened last Monday would be that they usually don't change things if they aren't totally broke. Things had been going pretty well up until then. She feels it needs a little tweeking. She would like to see everybody's application who is interested like they used to get. She also feels the person not being reappointed should be notified. She feels this is a courtesy thing to do, especially when they have been such loyal, devoted, hardworking members. She thinks there are a few other things that could be added to that so it isn't a total shock or surprise for someone sitting in the audience. It is not a rubber stamp thing. She feels they all have an opportunity to put someone on a Board or Commission the way they are doing it now but that there has to be valid good reasons when you do that especially if it becomes a little controversial. City Manager Hooper informed Council they are putting that information in each of their packets. Mayor Schmidt commented on being nice to have a weekend where it wasn't windy or raining. Mayor Schmidt asked Deputy City Clerk Bloomer to put a copy of an invitation from John Masiarczyk in all of the Council's box as well as the newspapers regarding a new Veterans Museum. Page -2- Council Regular Meeting October 4, 2004 '-" ....., Councilman Brown stated before they forget what the employees have done, everyone of the Council has complimented all of the employees. He would like to see them come up with a City Employee Day or an Employee Luncheon to show their appreciation for what they have done with the cleanup of the hurricanes. Mayor Schmidt questioned if there was money in the budget for employees. City Manager Hooper and Personnel Director Debby Sigler were not sure. City Manager Hooper stated a couple of years ago they took public funding at staff's request. Department heads and Council made a contribution and they had cook-offs. They had a little bit of discussion in the budget when they did the increase in tax of cutting those. For the most part those dollars have not been added. He suggested looking at other alternatives and bringing this back to Council. Councilwoman Rhodes feels they would probably appreciate some money. City Manager Hooper stated they would really appreciate a nice letter from Council. He agreed to draft a letter with Mayor Schmidt from all of the Council. Councilman Brown again suggested having a City Employee Day and doing a proclamation. Councilwoman Rhodes suggested getting gift certificates from Winn Dixie or Publix. Mayor Schmidt volunteered Councilwoman Rhodes and Ms. Sigler to get together and come up with some ideas. Councilwoman Lichter commented on Dustin's being nice. Ms. Sigler commented on Shell's coming and providing lunch for the City employees. Councilman Vincenzi had nothing at this time. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 1st Reading, Ord. No. 2004-0-31, Dan Robison, Highway 442 Partners, LLC., agent for property owners Vincent and Pamela Snowden, requesting annexation of 5,601~ acres of property located north of SR 442 and east and west of 1-95 Page -3- Council Regular Meeting October 4, 2004 '-' ..,. Paralegal Matusick read Ord. 2004-0-31 into the record. City Manager Hooper made a staff presentation. This is a voluntary annexation. He further commented on the Annexation Report and the Urban Growth Boundary. City Manager Hooper informed Council on Thursday the County Council will be looking at the Urban Growth Boundary. He will be at the meeting on Thursday to help answer any questions. City Manager Hooper stated the applicant had another meeting tonight and was unable to attend and he described he would need to be here for the second reading. Councilwoman Lichter asked about extending Williamson Boulevard and how far west on SR 442 the County was planning on putting it. City Manager Hooper showed her on a map, which he estimated to be about 2,000 feet from where SR 442 ends now. Councilwoman Lichter asked who would be putting in SR 442 going west. City Manager Hooper explained it is not decided. SR 442 is a state Road so the state would be involved. The City has applied for grants to extend SR 442. It is unknown who would pay for it. The objective of the Williamson alignment was to set the alignment and have the developers of the property donate the right-of-way and construction would come at somebody's cost being a combination of City, state, County, and developer. City Manager Hooper spoke of the west portion of SR 442 not being paved until somebody has a project that will be brought forward. Councilwoman Rhodes questioned if this would derail the extension of Williamson. City Manager Hooper informed her no. This will add trips to that area and that encourages the Williamson alignment. If anything this annexation encourages and promotes that alignment and the construction of Williamson by someone else. Mayor Schmidt questioned a piece of property on the map which Chief Planner Darren Lear informed him was the New Smyrna Gun Club. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter asked where the railroad track is that is closed down. Mr. Lear informed her that is east of 1-95. City Manager Hooper showed her on the map. Page -4- Council Regular Meeting October 4, 2004 '-' ...., Councilwoman Lichter moved to approve Ord. 2004-0-31, Dan Robison, Hiahway 442 Partners, LLC., aaent for property owners Vincent and Pamela Snowden, reauestina annexation of 5,601+ acres of property located north of SR 442 and east and west of I-95, second by Councilman Brown. The MOTION CARRIED 5-0. 7 . BOARD APPOINTMENTS There were no Board Appointments at this time. 8 . CONSENT AGENDA There were no items to be discussed on the Consent Agenda at this time. 9. OTHER BUSINESS A. Ratification of PEA Union Contract - staff recommending adoption of the Coastal Florida Public Employees Association Agreement as negotiated City Manager Hooper made a staff presentation regarding some minor changes that have been made. They were intending to vote this afternoon at 4 p.m. but because of putting this together and their time to send out notices where to vote, they aren't able to do that until tomorrow. He asked Council to approve this subject to the union's ratification. If they don't approve it tomorrow, nothing happens. He went over the most significant changes from the current contract. Ms. Sigler went over the unlimited cash in of the employees vacation time. City Manager Hooper commented on reducing the number of holidays from thirteen to twelve. There are nine specific holidays and three floating holidays. Councilman Vincenzi asked what employees this will cover. City Manager Hooper informed him the P.E.A., which consists of about 80 employees, who have thirty to forty members paying dues. This does not include Fire, Police or Supervisors. Page -5- Council Regular Meeting October 4, 2004 '-" ..., Mayor Schmidt questioned Article 30. City Manager Hooper explained that is if an employee leaves early. There is a staggered range for payment back if you leave early. Councilman Vincenzi asked what a floating paid holiday 1S. City Manager Hooper informed him it could be your birthday. Instead of a designated holiday, it is a holiday the employee gets to choose. Councilman Vincenzi clarified the health insurance will not change for current employees but will for new hires. City Manager Hooper informed him that is correct. There was a brief discussion regarding if the contract is not ratified tomorrow they start over. Councilwoman Rhodes suggested they hold off on this until the next meeting. City Manager Hooper stated normally you would. The reason he is pushing is Thursday is their pay increases and the Council doesn't meet Thursday so if they approve it tomorrow the pay increases go in effect and that was the race they were under. CounciLman Vincenzi moved to adopt the P.E.A. union contract pendina ratification of the members, Councilwoman Lichter. The MOTION CARRIED 5-0. 10. OFFICER REPORTS A. Deputy City Clerk Bloomer had nothing at this time. B. Paralegal Matusick had nothing at this time. C. City Manager Chief Planner Lear informed Council of the survey that will be going in the newsletter next month as well as online to get feedback from the citizens regarding the Land Development Code. Survey forms can also be obtained at City Hall. Mayor Schmidt asked if it was possible to put a notice in the newspaper. City Manager Hooper informed him they can do the Shorelines and the newspaper also. The City has been doing an ad once a week or so regarding Hurricane information and agreed to add that to it. Page -6- Council Regular Meeting October 4, 2004 '-' ~ City Manager Hooper commented on the erosion done to the beach during the hurricanes. He spoke of the City having a ton of sand that is beach quality. D.E.P. has been onsite and tested it and determined it is compatible with beach sand. He has received some requests from New Smyrna and private contractors that would take the sand to use it on the beach to shore up underneath foundations and other areas. The sand was gotten out of the construction when the containment site was built and belongs to the City. We have been reluctant to sell it and have been using it for fill. There is a pretty strong public need here and the idea is to offer it at $8 per yard. There are two or three people interested in purchasing that sand. They will load it up and haul it. He needs authorization from Council to make sure they are okay with selling the sand. There is about $500,000 worth of sand. Councilwoman Rhodes questioned what happens when we need sand. City Manager Hooper spoke of more ponds being dug. It will be replaced. Councilwoman Lichter asked about the rocks. City Manager Hooper informed her we are using the rocks for our own beach. If there is any excess, they will do the same kind of thing. The rock isn't quite the quality of the demand. The beach quality sand is a high demand item now. Councilman Brown asked if it is available to anybody that pulls up with a dump truck. City Manager Hooper informed him there will be a contract. Someone will probably make an offer to buy all of it. They are going to seek quotes but wanted to make sure Council was okay with selling it. It was the consensus of Council to go ahead and sell the sand. 11. CITIZEN COMMENTS/CORRESPONDENCE There were no Citizen Comments/Correspondence at this time. 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 7:33 p.m. Page -7- Minutes submitted by: Lisa Bloomer Council Regular Meeting October 4, 2004