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11-15-2004 - Regular "-' ...., CITY COUNCIL OF EDGEWATER REGULAR MEE TING NOVEMBER 15, 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 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. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A. Recognition of appointed/reappointed Board/Committee members There were no Board/Committee members to be recognized. B. Police Chief Ignasiak presenting a plaque to Officer JoAnne Winston for "Officer of the Quarter" Police Chief Ignasiak presented JoAnne Winston with a plaque for "Officer of the Quarter". Ms. Winston thanked her Sergeant and Police Chief Ignasiak. She stated the real hero in this is the girl who came forward after all those years and pursued charges to save her own children. They need to recognize this is going on every day and they need to be neighbors and look at it so they aren't waiting twelve or eighteen years to bring these cases to justice. 'W' ...., Shellie Lewis, Fire Department Employee, Staff Sargeant with the Florida National Guard, thanked the community, her employer, her family and her friends for the support they gave her. She spoke of the comfort of knowing she had a job when she got home. Ms. Lewis presented Fire Chief Barlow with a medallion for supporting her and the efforts of the Army National Guard. 4. CITIZEN COMMENTS The following citizens spoke: Pat Card, 3019 Willow Oak Drive, thanked Ms. Lewis for her service. ~ke Visconti, 316 Pine Breeze Drive, read a prepared statement expressing his disappointment that the purchase of Regions Bank for a new City Hall did not pass. Mr. Visconti asked City Manager Hooper if they voted to purchase Regions Bank by floating a 30-year bond or to buy Regions Bank out right. City Manager Hooper informed him both. It was a bond issue to purchase the bank it was the referendum described. The question in front of the voters was to borrow money to make the purchase. Dominic Capria, 606 Topside Circle, stated he didn't vote for Bush, he voted for Kerry and the future will tell. Will our children and grandchildren be paying for it? He thinks so. He voted for City Hall and he doesn't think it is fair for Mr. Visconti to get up and criticize the people who did not vote for it. He has known Mr. Visconti for a long time and feels he should stick to beautification. Mr. Capria stated he missed the answer to Mr. Visconti's questions. City Manager Hooper stated he thought it was up to 30 years. Mr. Capria feels something is wrong because only a few people attended the meeting. He has read articles in the newspaper applauding Councilman Vincenzi and criticizing Councilman Vincenzi. Right or wrong, he spoke up. If they had campaigned for the City Hall as hard as they campaigned for the Animal Shelter, we might have won. Page -2- Council Regular Meeting November 15, 2004 "-' ...""" John Cordeiro, 1515 Pine Tree Drive, addressed the Mayor, Council, City Manager and Edgewater residents by stating he is proud of the owners of Edgewater. They have spoken clearly. They have been trying to tell the Council this for over a year and a half but only to deaf ears. He has his doubts that they can change. He had hopes they would but they haven't. He feels their ways of how to run a City are too deeply rooted to change. He has seen too many unethical going ons but what really scares him is what goes on that they don't see. with time they have become bolder to do what they want, not what Edgewater owners want. This is real selfishness. If you can't change and represent the real owners, he feels they should seriously think about resigning. How can you stay there if the people don't support you. If there was an election today, most of you would be history. You have lost the voters trust. The winds in Edgewater are about to change direction. Pat Card, 3019 Willow Oak Drive, feels the reason the city Hall didn't pass, didn't have anything to do with the Council. What it had to do with was what happened six years ago when they turned the City upside down and threw out the old and brought in the new and everybody on this Council except for one came in on that. Maybe that will work again. Somebody is really out there digging at it trying to make sure that nobody has any confidence in the Council. He has confidence in Council and he feels maybe this City isn't ready for prime time finance but they just took $4 million out of his pocket and he doesn't like it a bit and the people that voted against it voted against it in good conscience. Unfortunately, there were a number of people who gave them bad information. He is convinced in a method to attempt to discredit, not just the Council but one of the finest City Managers he has ever met. When he was hired, he was hired to grow this City and to grow it well. He doesn't agree with him on a lot of things, but they will play hell finding one that is any better than he is. At the last meeting, he informed each Councilmember what he respected most about them and he is not alone in that. But unfortunately it is a whole lot easier to say no then it is to say yes. He thanked Council for their service. 5. CITY COUNCIL REPORTS Page -3- Council Regular Meeting November 15, 2004 '-' """'" Councilman Vincenzi addressed Mr. Card. Mr. Card voted for everything and he respects that. He also put his views out and spoke up. That was a tough decision he has taken a lot of flack for it but he is proud he did it. Mr. Visconti says one of the Councilpeople have abused the power of his position. He doesn't agree with that. His job is to represent the people and to inform people, not to just vote yes or no and not do anything else. He did what he thought was right and like it or not, he would do it again. Councilwoman Lichter introduced Dr. Bruce Mowry to explain the resolution that was given to the Council regarding the creation of a Municipal Service Taxing and Benefit Unit for the Water Authority of Volusia. Councilwoman Lichter informed Council that a MSTU is a Municipal Service Taxing Unit. Last year Edgewater paid $30,175 to the W.A.V. group, which was based on our water usage and our citizen population and a few other factors. She explained there are people out there that aren't paying anything to solve the water problem. They live in the County and may have a well but eventually the water problems are going to have to be covered by every citizen in Volusia County. That is what this type of taxing set up accounts for. The resolution is asking if the Council might support this type of thing. Do they support going into a different type of funding in lieu of our paying our money every year? Every city will have a choice. She spoke of big projects that are in the works, such as water from the st. John's and desaltation of water, which will be needed in a cooperative manner but cannot be funded by these residents. This will help have that accomplished. Councilwoman Lichter explained Mr. Mowry is just looking to see if Council would consider this as a good possibility. County Councilman Jack Hayman, who was present in the audience, is going to have to present this to the County Council and he wants to know that the cities and the W.A.V. Group are behind them. City Manager Hooper stated what Council is being asked is the concept. Tonight there is not a question about do you support a tax or a benefit unit, which is an assessment. It is the concept. The County Council had this in front of them and he thinks if it is done county-wide each city will have the choice of opting in or opting out. Page -4- Council Regular Meeting November 15, 2004 ~ ~ City Manager Hooper further explained the County Council is curious and asking all the cities to give some kind of resolution, similar to the one handed out, describing whether they support the concept for coming years, after there is a master plan and a capital list of projects to enhance the water, the availability of the source of water. That is really the question in front of them. City Manager Hooper informed Council if they are comfortable vote to say they support the concept, they could vote on it tonight. If they would rather it be scheduled for an agenda item on December 6th, he could do that. He stressed to Council they aren't doing anything except saying they support the concept of an assessment. That assessment can come in either a taxing form, a benefit unit, or paid out of the utility bills, which is where they have been paying it. Councilwoman Lichter commented on the items that are included in your tax bill. There was an issue a couple years back put out by the County Council and the people in this County voted that they were very interested and wanted to do something about future water problems. It would appear on something like that and would take the burden off the 15 cities involved but would spread it out. They are looking for ways that everyone in the County should be part of what is going to be paid into these projects. Mayor Schmidt asked if this eliminates the payment of the $30,000 and this becomes the way that W.A.V. and the projects are funded. City Manager Hooper stated that is the future middle term financing. He further explained short term was everybody paid a contribution based on your water consumption and population. Middle ground is this assessment, either in a taxing form or benefit unit and then long term is the production of water and that water sold back to each entity and that user fee becomes the method that will be paying for the surface water plant or desaltation plant, whichever way this winds up. Councilwoman Lichter stated this may take two years to go into effect, so they will be paying the same way for another year. Mayor Schmidt asked if they had an idea of what this will cost. Dr. Mowry explained this would be up the W.A.V. Board itself when they look at their budget and what kinds of funds would be necessary. If they start looking at developing water supplies early, taxing may not have to be a major part of the funding. At this point they don't know. Page -5- Council Regular Meeting November 15, 2004 '-" ....., Dr. Mowry stated this year's budget was somewhere around $775,000, which would be less than five hundredths of a mill, which would generate $1.2 million. This would be something that would go before the Board. Councilwoman Lichter stated they are looking at a lot of different funding mechanisms. They are finding it unfair that just the cities that belong and their residents are paying now. They believe that should be spread out to others. Councilwoman Rhodes asked if that happens do those cities get to come to the table with a vote. Dr. Mowry stated there are three cities right now that are not members, Oak Hill, Lake Helen and Pierson. If they went to a county-wide tax and it replaced the assessment there would be no reason to come to the table and have three more members. They would go from 14 Board members to 17 Board members then representing all the cities and the County at the table at one time. That would be a significant benefit. Councilman Vincenzi doesn't have a problem with this but he hasn't seen it before tonight and he doesn't feel comfortable. Councilwoman Lichter suggested they put it on the December 6th agenda. Dr. Mowry informed Council this is not a time sensitive issue. The County Council probably won't be talking about this item until after January 1st. It was the consensus of Council to place this on the next agenda. Councilwoman Rhodes stated there is not one darn thing wrong with her ethics. Mayor Schmidt agreed with that. Yes, there is disappointment when it comes to not getting the City Hall but the bright side of that is the number of people that went out and voted. It's not the end of the City. It is just another challenge that was put in front of them. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearing, Edgewater United Methodist Church, 211 N. Ridgewood Avenue, requesting a Special Activity permit for their annual "Christmas Under the Palms" arts and crafts show on December 11, 2004 from 9:00 a.m. to 4:00 p.m. Page -6- Council Regular Meeting November 15, 2004 'W' ~ 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 the Special Activitv permit for their annual "Christmas Under the Palms" arts and crafts show on December 11, 2004 from 9:00 a.m. to 4:00 p.m. at the Edaewater United Methodist Church, second bv Councilwoman Rhodes. The MOTION CARRIED 4-0. B. 2nd Reading, Ord. No. 2004-0-39, amending Chapter 21 (Land Development Code) by modifying Article XVII (Development/Impact Fees) for consistency and enacting Section 21-323 (Transportation/Road Impact Fees) C. Res. No. 2004-R-13, amending schedule of Development/Impact Fees of the Land Development Code to include Transportation/Road Impact Fees D. 2nd Reading, Ord. No. 2004-0-40, Ernestina D. Kayat requesting annexation of 37.26~ acres of land located west of 4100 S. US1 and west of Relocation Road E. 2nd Reading, Ord. No. 2004-0-41, Trajan Joe Sfera, Persa Sfera, Jon Sfera and Selvie Sfera requesting annexation of 12.01~ acres of land located west of US1 and south of Relocation Road F. 2nd Reading, Ord. No. 2004-0-42, Glenn Storch, authorized agent for John and Patricia Hickey, requesting annexation of 28~ acres of land located west of US1 and south of Relocation Road G. 2nd Reading, Ord. No. 2004-0-43, Glenn Storch, authorized agent for John and Patricia Hickey, requesting annexation of 2.14~ acres of land located at 199 Clinton Cemetery Road H. 2nd Reading, Ord. No. 2004-0-44, Glenn Storch, authorized agent for John and Patricia Hickey, requesting annexation 4.70~ acres of land located west of US1 and north of Clinton Cemetery Road Page -7- Council Regular Meeting November 15, 2004 .'-' ..."", I. 2nd Reading, Ord. No. 2004-0-45, Daniel and Christine Herman requesting annexation 3.65~ acres of land located west of US1 and south of Clinton Cemetery Road J. 2nd Reading, Ord. No. 2004-0-46, Glenn Storch, authorized agent for Belmont Homes, requesting annexation of 74~ acres of land located west of US1 and south of Clinton Cemetery Road Councilwoman Rhodes moved to continue items B - J until December ~, second bv Councilwoman Lichter. The MOTION CARRIED 5-0. 7 . BOARD APPOINTMENTS A. Economic Development Board - nomination by Councilwoman Lichter to fill the remaining term of Nancy Freeman due to her resignation Councilwoman Lichter moved to appoint Chris Balmer to the Economic Development Board, second bv Councilwoman Rhodes. The MOTION CARRIED 4-0. Mayor Schmidt commented on it being nlce to have all the applications in their packet. B. Edgewater Library Board - nomination by Councilman Brown to fill a seat vacated by the resignation of Jeanne Foster for a three year term. Nomination by Councilman Vincenzi to fill the remaining term of Sandy Sammons due to her resignation Councilman Brown's appointment was continued until December 6th due to not being at the meeting Councilman Vincenzi moved to appoint Irene Mackie to the Librarv Board, second bv Councilwoman Rhodes. The MOTION CARRIED 4 -0. 8. CONSENT AGENDA There were no items to be discussed on the Consent Agenda at this time. Page -8- Council Regular Meeting November 15, 2004 '- """" 9. OTHER BUSINESS There were no items to be discussed under Other Business at this time. 10. OFFICER REPORTS A. City Clerk Wadsworth had nothing at this time. B. Paralegal Matusick had nothing at this time. C. City Manager Hooper had nothing at this time. 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 7:43 p.m. Minutes submitted by: Lisa Bloomer Page -9- Council Regular Meeting November 15, 2004