10-04-2004 - Regular
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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.
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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.
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Council Regular Meeting
October 4, 2004
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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
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Council Regular Meeting
October 4, 2004
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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.
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Council Regular Meeting
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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.
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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.
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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.
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Minutes submitted by:
Lisa Bloomer
Council Regular Meeting
October 4, 2004