Loading...
11-01-2004 - Regular 'w" ...., CITY COUNCIL OF EDGEWATER REGULAR MEE TING NOVEMBER 1, 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. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A. Recognition of appointed/reappointed Board/Committee members There were no Board/Committee members to be recognized. B. Mayor Schmidt proclaiming November the "Month of the Family" to recognize the family as the fundamental unit of society Mayor Schmidt read the proclamation proclaiming November as "Month of the Family". Eric Hill, representing the Church of Jesus Christ of Latter Day Saints, along with his wife Susan, presented Council with a plaque. Mr. Hill presented the plaques to City Clerk Wadsworth. ....... 'wtI 4. CITIZEN COMMENTS The following citizens spoke: Pat Card, 3019 Willow Oak Drive, stated he is the Chairman of the Board of the Chiles Academy. He informed Council of a resource he felt they may not be aware of. The Chiles Academy was formed to meet the needs of a special risk population in eastern Volusia County. The population is the parent and pregnant teen mothers and their children of this area. The students and their babies comes from Daytona, Holly Hill, Ormond Beach, New Smyrna Beach, Oak Hill, Port Orange and Edgewater. Currently Edgewater ranks second to Daytona in the total number of students and babies in the program. This is a conversion Charter School that serves grades 6 through 12. The school is on the grounds of Atlantic High School. The year before it became a Charter School there were five graduates receiving high school diplomas. In the Chiles first year of operation, the school had 23 graduates. Last year they had 26 graduates. He further commented on the assets over liabilities and unencumbered unassigned surplus and the purchase of a new portable, which is the size of four regular size portables. He then commented on the staff at Chiles Academy and the Board of Directors. The school currently has over 100 students, moms and babies. He presented the Mayor with a copy of the school's yearbook for 2002/2003. Edward Clinton, Clinton's Auto Body, spoke of the Police Department sitting in front of his business for a total of eight hours in two days running radar. He feels that is not good for his business. He has asked the officers to leave and they refused. The following day he spoke to Chief Ignasiak. Three hours later his wife gets a ticket. He did not think this was coincidental. He feels it is not common courtesy for the officers to pullover his customers during the daylight hours. He feels no new business would want to come into this town with that. He feels this needs to be addressed before it gets out of hand. He spoke of officers that are no longer with the City that would try to solve the problem before arresting someone. He asked for the Mayor and Council to check into this. He spoke of his business getting broken into several times. He spoke of mis- communication in the Police Department. Page -2- Council Regular Meeting November 1, 2004 '-' ~ Mayor Schmidt asked Chief Ignasiak how they determine where an officer is going to be placed to run radar. Chief Ignasiak stated law enforcement actions are based on two things, primarily citizens complaints. They have advertised through the Shorelines how to call a complaint in. They also have people walk into the front office and have anonymous complainers call on the telephone. They also set a program up where they go back to locations where they have repeat occurrences of speeding and they monitor those locations. The location Mr. Clinton is describing is one of those recurring situations. It is Hibiscus Drive. It starts at Indian River Boulevard and runs one mile in a straight line. At the intersection of 23rd and Hibiscus there is a school and a playground. They routinely do radar there and have been doing radar in front of his business for the last three years. They go there when the problem reoccurs. They leave when it is over. They were not on Mr. Clinton's property and will not go on Mr. Clinton's property. They are on City right-of-way conducting official business. Speeding right now continues to be the number one problem and number one complaint the Police Department receives in Edgewater. They have an obligation to go out and address those issues and he will continue to send his officers back to that location particularly in front of schools areas where children play for their safety. Public safety first. Mr. Clinton's wife did get a citation miles away from there in a school zone. They probably issue three to four warnings for every citation they write. This is not personal, this is about speeding and they want to make the community safe. Mayor Schmidt hopes the officers will continue to do what is safest for the people. Mr. Clinton stated he isn't against the Police Department pulling people over. They do sit on his property because the oak tree they sit under is on his property. He is against sitting in front of someone's business when there are several vacant lots down the street that they could park on. That is all he is asking. It seems like it doesn't matter. Councilwoman Rhodes asked Chief Ignasiak if it is possible. She feels this is reasonable. Chief Ignasiak explained 23rd street is half way. They sit right on the corner because that is where the school playground is. They also sit on 26th street. The closer they get to the stop sign the more advance warning the speeders have. Page -3- Council Regular Meeting November 1, 2004 ~ ...., Dominic Capria, 606 Topside Circle, spoke of the capital projects on the ballot and people vigorously campaigning for it. He feels it is too bad they didn't have that vigorously campaigning when it was on the ballot before. He feels it was an Election for Councilmembers and it was just a whispering campaign. Mr. Capria then listed the cost and millage rate for Proposition 1, 2, & 3. He questioned there being a $400,000 difference between .41 millage rates for two propositions and the .41 millage rate for one. City Manager Hooper agreed to go back and look at the calculations. Rav Anderson, 1905 S. Riverside Drive, felt they had a rather good Biketoberfest. The first half of the ten day event went rather smoothly. Overall a whole lot better than last year. However, they also didn't have the crowds they had during Bike Week. As the crowds picked up and the intensity increased, it did get louder. He felt it was not at an acceptable level. The second half was marginal. Fire Chief Barlow informed him he was correct when he said there were no citations issued. He felt it got close to violation levels but that depends on who is monitoring it. He feels it is still a matter of opinion and timing and needs constant monitoring. He complimented the Code people for doing a very good job. Mr. Anderson stated clearly marked on the corner of Boston Road and U.S.#l there is a sign that says do not park in right-of-way. Most of the week it was dually observed. After the music stopped, bikes were parked on both sides of the street, in the right-of-way. He questioned if they are going to do anything about right-of-way parking. He feels it clearly needs to be defined and enforced fairly. Mr. Anderson stated he didn't observe hardly any motorcycles coming down Boston Road and entering onto Riverside Drive. Mr. Anderson stated for those who voted early, they weren't privy to the sample ballot being distributed this week. He spoke of the ballot being confusing but after reading it several times it began to make sense. He feels it was written in a double negative. He spoke of using the word shall and this being a strong word which demands a definite action rather than may. He spoke of voting for it and getting the same millage tax if you vote against it. It was very simple. At that point he just voted no for everything. He then commented on the instructions to voters. Page -4- Council Regular Meeting November 1, 2004 ~ ~ Mr. Anderson commented on the Proposition regarding approval of debt by definition referendum. He feels if the city doesn't get the approval by voting they can get it by question three. Mr. Anderson proposed this Council consider voting this ballot null and void on the grounds that it was biased and unfairly written. Tanva Girvan, No Name Saloon, stated they didn't have any citations as far as noise this year. The noise people were there on a regular basis. As soon as they came they went with them, and if it was loud they turned it down. They did have one complaint of the right-of-way parking that Councilman Vincenzi called in himself. She stated the parking that was complained about was across the street at McAllister's property. If you look at other businesses along that area that do it all year long, why Councilman Vincenzi's complaint was called in on her business and not the rest of the City all year long. She doesn't need an answer tonight. The right-of-way signs in front of her business were bought and paid for by her. They do the best they can. One night she had to remove the taping and cones to let a truck that had pulled in her driveway across that right-of-way so there was no one parking in the right-of-way in front of her business. Councilman Vincenzi stated the reason he called it in was because there were 30 cars right up to the pavement. Ms. Girvan stated they are the other businesses also. Councilman Vincenzi agreed that other businesses do that too. Ms. Girvan asked if he has called in a complaint on them the rest of the year. Councilman Vincenzi stated he would be happy to if he sees them. s. A. Nelson, 800 S. Riverside Drive, stated in terms of the flap in the paper, he is supporting Councilman Vincenzi's position and he wanted someone to tell him what is he lying about. Councilwoman Lichter informed him she would get to that during her Council reports. Jeanne DelNiaro, 3130 Tamarind Drive, stated she has a problem with the letter that went in the News Journal and she is one of the people that when the Decade of Excellence tried to get City Hall and shelter, she told the people to vote no. She wants to know where Councilman Vincenzi turned around and lied. Page -5- Council Regular Meeting November 1, 2004 -- ~ Ms. DelNigro informed Mayor Schmidt she did not appreciate flip flop. He didn't flip flop. He said no before and said no again this time in a letter that everybody got. She was not here she was up north and when she got home she read the letter. She just received her sample ballot on Saturday and had already gone to early vote. She had called Assistant City Manager Liz McBride because she got quite a few calls on Proposition 2. People were confused because they figured if they voted for City Hall we would get the City Hall but when they read Proposition 2 the way it was worded, they figured they could renovate it for the $1.2 million. Ms. McBride explained to her that it was improperly worded. She questioned if the taxpayers paid an Attorney to write this up. City Manager Hooper informed her yes. Ms. DelNigro asked City Manager Hooper if he felt we should get our money back. He informed her no. Ms. DelNigro stated she believes what Councilman Vincenzi said. She feels all of the Council owes him an apology. She told the voters to vote no for the whole thing. Debra Roaers, 510 S. Riverside Drive, stated her comments have to do partly with Councilman Vincenzi's comments and the article in the newspaper. She agreed with Councilman Vincenzi. She voted no to everything. She stated in 2002 the millage rate went from 5.95 to 6.95 mills. It was supposed to help out in the General Fund because of the Employee Pension Fund losing money. City Manager Hooper explained that was a portion of it. It went up to cover lost revenues that were really from investments. She questioned it only going up for one year. It is still in there. When their rate went back half of a millage point, it really wasn't like it went back half of a millage point. If it would have then it should have went to 5.45 because that 1 millage was supposed to be only for one year. It has never been mentioned again why it is still sitting there. She believes we have a need for City Hall but she voted against what was in the voting. She believes that increase is still sitting there and would like to know what is being done with that money and has the Employee Pension Fund gained and what is being done with those investments. Anyone that moves into the City of Edgewater is going to have a huge surprise on property taxes. She feels for people that are now moving into the area that are going to be buying houses because they are going to be killed in property taxes. She is a family of four. Her property taxes this year are $5,300. The people that live directly behind her with a family of four their property taxes are $300. She commented on homesteading a property and your taxable value not being able to go up more than 3% a year. Page -6- Council Regular Meeting November 1, 2004 '-" ..." Ms. Rogers spoke of an article in the paper not too long ago about abolishing Oak Hill. She suggested abolishing Edgewater and let Volusia County do what they are doing and why don't we just deal with their own garbage. She just assumes deal with her own garbage and not pay for these salaries and health insurance and everything else. Ms. Rogers again questioned the millage point that went up in 2002 and never went back and was only supposed to be up for a year. Councilwoman Rhodes stated that was never for one year. The millage rate that this Council votes, we all pay it. We don't raise taxes and are absolved from every having to bear the brunt of that themselves. She doesn't want to pay anymore taxes than she has to. Ms. Rogers asked Councilwoman Rhodes how long she has lived here. Councilwoman Rhodes informed her thirty years. Ms. Rogers stated she isn't dealing with what she is dealing with and questioned how many people are selling. That will constantly go on. The people that are coming in are going to be paying for the brunt of any capital improvements the City will have in the future. Eventually people are going to get smart and it is going to effect the real estate around here. Councilwoman Rhodes informed her that they hope growth will pay for itself. Ms. Rogers suggested we wait for growth before we tax those of us that are here to pay for the capital improvements. ~ke Visconti, 316 Pine Breeze Drive, stated tomorrow is the day. Tomorrow the people go out and vote. He was disappointed not to see any signs out that say to vote yes for City Hall. He spoke of seeing signs allover to vote yes for the Animal Shelter. He encouraged people to vote yes for City Hall. Mayor Schmidt informed Mr. Capria they are all giving each other respect so they can hear each other and they just want to be able to hear everybody. Nick Vincenzi, 1604 Queen Palm Drive, read an article in the newspaper on October 28th about "Councilwoman Lichter said that the Edgewater pet owners requesting the City to not use the Humane Society shelter because it was closed on the weekends". On the very next page, they list their hours. The shelter is open from 10 a.m. to 4 p.m. The shelter has not been closed on Saturday since the 1950's. Page -7- Council Regular Meeting November 1, 2004 ~ ~ Councilwoman Lichter stated she would address it at the proper time. Every word is not translated unless you have it in writing. When you talk to the press, 3/4ths of it gets across but not all of it. Her comment was that is what her constituents called her and told her. They could not find their animals over a weekend. If they lost it on Friday, it was dead by Monday. David Ross, 2803 Needle Palm Drive, reminded the Council eleven months ago, one month after it was defeated last year, he came before this Council and suggested and begged that they find and investigate alternate ways to pay for these without raising taxes. He has not seen one response to that request. John Cordeiro, 1515 Pine Tree Drive, stated last month he made a trip to this hometown in Massachusetts for his class reunion. The City is 100 years old and are still using the same City Hall and the same two fire stations. He feels maintenance needs to be done when it needs to be done. He was in Councilman Brown's bookstore last week and the man that ran the animal shelter for fifteen years, was in there and he said this animal shelter is going to cost a minimum of $200,000 a year to operate and asked the Council if they have thought of that. Councilwoman Lichter stated he called her and they all know Norman. Mr. Cordeiro questioned how they are going to get the $200,000 per year to run it. Councilwoman Lichter stated that is for a different entity than ours. Mr. Cordeiro encouraged the Council to think ahead of time before they do things which he feels they never do. He feels Councilman Vincenzi is the only one that represents the people that voted for him. Mr. Cordeiro spoke about the trees that were cut down at Burger King. Six beautiful oak trees were taken down between Burger King and U.S.#l so visibility would be not blocked off one bit. Those trees could have been trimmed and people still would have been able to see. He checked with the Building Department and found out there is a forty foot easement from the road to Burger King. He went down and measure today and those trees were 31 feet from the road. Those trees weren't even on Burger King's property. He asked Mayor Schmidt if he requested those trees be cut down. Page -8- Council Regular Meeting November 1, 2004 '-' ...." Mayor Schmidt stated he is going to keep this professional. There were five trees not six. There were three hurricanes that came in and those trees took a beating. He spoke of the pavement and curbing that was torn up where the tree was leaning. He had two more in the front, one that fell and another one that was leaning to the point they had to be cut down for safety. At no time were those trees ever cut down for the sake of visibility. Mayor Schmidt asked City Manager Hooper to read the section of the Code that gave them the right for public safety to take those trees down. It hurt him as much as it hurt anyone else to watch those trees get cut down. Those trees will be replanted in the Spring. City Manager Hooper read the Section of the Land Development Code under Exemptions for Permitting for Cutting Down Trees. City Manager Hooper stated he and Chief Planner Darren Lear looked at the trees and they were damaged by the storm. There wasn't any issue about that. Mr. Cordeiro stated that wasn't what he told him the last time he was here. He said he said they could have been damaged but didn't say he looked at them two weeks ago. He looked at forty trees around Burger King and not one tree is damaged. How did six trees in front of Burger King get damaged? Pat Card, 3019 Willow Oak Drive, stated not everyone feels that way. He feels Councilman Vincenzi does a good job. When Mayor Schmidt was elected, he was concerned but he isn't anymore. He feels he does a good job too. He complimented Councilwoman Rhodes for listening to people. He appreciated the fact that Councilwoman Lichter is willing to put up with the crap that people throw at her. He spoke of Councilman Brown being the most easily accessible of the Councilpeople who catches more as a result. If people really want to stand up and be as unprofessional, as they have seen some people be tonight, let them run the next time and expose themselves to this kind of criticism. He thanked the Council for their service. 5. CITY COUNCIL REPORTS Mayor Schmidt stated it is time for him to appoint someone to the WAV Board. With Council's permission, he asked to reappoint Councilwoman Lichter to a full two-year term. It was the consensus of Council to reappoint Councilwoman Lichter to the WAV Board. Page -9- Council Regular Meeting November 1, 2004 "-' ...." Mayor Schmidt stated when he was voted in office five years ago he knew he was opening himself up to one interesting little flight in life. He knew he'd be attacked, he knew he'd be talked about and lied about, but he cared about the City a whole lot more than he cared about anyone that felt the need to attack his family and his character. In five years, he is not ashamed of one vote, one item, or one time he has represented this City. For the next year and hopefully for the next four years after that, he plans on doing the same thing. The comment was made if you can do better, then you pick up papers and get ready to open yourself up to every attack from people you thought were friends and from people that don't know you from Adam but they know you better than you. If you have the courage, the ability and the time, by all means do it. Councilman Brown thanked Mr. Card for his comments. By being as accessible as he is to people, people know how to find him. He constantly has people in there every day to talk to him about City business. If he didn't think he was getting a fair idea of what the general population was wanting, he would be upset. He appreciates people coming in. He tries to vote by what people tell him they want in our City. He enjoys it and he plans on running again. Our City just turned 139 years old. It was founded November 17th, 139 years ago. Councilman Vincenzi asked Councilwoman Lichter if she would be talking about her letter. Councilwoman Lichter stated probably with a history lesson of some of the facts in it. Councilwoman Rhodes stated in the Edgewater Shorelines is the phone numbers of all the various City Departments and she feels Council's phone numbers should also be included. Councilwoman Rhodes feels Councilman Vincenzi is entitled to his opinion. All of the Council has one vote just like everybody else. The majority is going to rule. Councilman Vincenzi's opinion is every bit as valid as anyone else. She disagrees with his opinion but he is entitled to it. Councilwoman Rhodes commented on a quote in the paper that she said Councilman Vincenzi is using scare tactics. She never said those words or implied it in every way. Just because the words are there, doesn't mean it is the gospel. She makes mistakes like everyone else does. Page -10- Council Regular Meeting November 1, 2004 ~ ~ Councilwoman Rhodes stated Mayor Schmidt had charged her and Debby Sigler with coming up with a way to thank the City employees for the great job they did during the hurricanes. They would like to give every City employee a turkey for Thanksgiving but they need money from the Council. She estimated the cost to be approximately $3,000. It was the consensus of Council to do this. Councilwoman Rhodes stated the reason Mr. Cordeiro's city in Massachusetts hasn't had a new City Hall is because of the "Big Dig". Councilman Vincenzi defended himself regarding the letter he wrote. Instead of reaching 3,000 people it probably reached 12,000 or 15,000 people. He put the letter out because that is how he feels about the things that are going on in this City. These are his views. For people to be upset with him for putting this letter out and paid for it out of his own pocket, he has nothing to say to those people. He spoke of the mention being made that there are lies or untruths in his letter. He will defend any statement he has in there. There is one statement that is speculation regarding homeowner's insurance going up. Everything else he can back it up. Councilwoman Lichter stated the truth of the matter is that in general people have the right to say anything. Freedom of speech. She spoke of as a Councilperson, they have different situation then an ordinary situation. You have a fiduciary responsibility when you are taking care of people's money to seek out the truth. You can find the facts and then you can come to a conclusion. Your facts must be true and accurate. Councilwoman Lichter commented on how she got involved with the Animal Shelter. She spoke of the City putting her on the Board of the Humane Society. There are six women in this room today who served as Board members. They are the ones who raised the money. The City broke with the Humane Society. She spoke of an instance in the City where some animals that were not being cared for properly that the City put in the Humane Society should be freed up and go back to the Humane Society for replacement. Meanwhile everyone in the City had found homes for these forty animals and they were put down that day. This is one reason it was decided by the City to break communications as well as the City contract which we had negotiated with them to hold animals for five days, not three was not honored. Page -11- Council Regular Meeting November 1, 2004 'w ...., Councilwoman Lichter commented on the money the City paid to the Humane Society. She spoke of wanting an audit and not being able to get it. She spoke of a non-profit group being formed to help Edgewater before any thought of an animal shelter, in the temporary facility they have on Park Avenue. She further commented on what the money raised by the Pet Society was used for as well as helping with the placement of animals. She then spoke of the land donated by the City for an animal shelter. She further commented on the fund raisers done by the Pet Society. City Manager Hooper figured out the animal facility would cost approximately $500,000. It was decided this would be put on the ballot. Councilwoman Lichter spoke of a letter that went out in Florida Shores that went unsigned, unqualified, and without all of the rules and regulations to it. Councilwoman Lichter commented on it may not be the Pet Society that runs the animal facility. She commented on a falsehood in Councilman Vincenzi's letter and clarified that three contacts were made with the Humane Society. Councilwoman Lichter spoke about too many animals being taken to the Humane Society and this being the reason so many are put down. Six entities are being taken there. Councilwoman Lichter commented on how they came up with a price of $6 per year to build the shelter. Councilwoman Lichter spoke of PAW PAC being created and the animal control officers being able to be housed in the shelter building. She spoke of ways to raise money to run the facility. Councilwoman Lichter informed Councilman Vincenzi there are a few misconceptions in his letter and he has a responsibility to get to the truth and then make his decision. There was a ten-minute recess at this time. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 2nd Reading, Ord. No. 2004-0-34, Miranda Fitzgerald, agent for Oak Hill Land, LLC; Edgewater Partners, LLC; the Southeast Volusia Hospital District and Dixie Highway, LLC; requesting annexation of 68.79~ acres of property located west of USl and north of 4115 S. USl Page -12- Council Regular Meeting November 1, 2004 '-" """" The applicant requested this item be continued until December 6, 2004. Councilwoman Rhodes moved to continue this item until December 6, 2004, second by Councilwoman Lichter. The MOTION CARRIED 5-0. B. 2nd Reading, Ord. No. 2004-0-37, Halstead Resources, Inc., agent for Nohra Hohn and Thomas and Patricia Sokol, requesting annexation of 2.3~ acres of property located at 2203 S. Ridgewood Avenue Paralegal Matusick read Ord. 2004-0-37 into the record. 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 Ord. 2004-0-37, Halstead Resources, Inc., acren t for Nohra Hohn and Thomas and Pa tricia Sokol, reauestincr annexation of 2.3+ acres of property located at 2203 S. Ridcrewood Avenue, second by Councilman Brown. The MOTION CARRIED 5-0. C. 1st 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) Paralegal Matusick read Ord. 2004-0-39 into the record. City Manager Hooper made a staff presentation. A letter has been distributed from the Volusia Home Builders Association. The letter has been turned over to our City Attorney and to the consultant. They will have further information at the second reading of this ordinance. Councilwoman Lichter questioned impact fees being directed to new development. City Manager Hooper informed her new construction. She thought a previous speaker may have thought that all new buyers were going to have certain impact fees and that isn't so. Mayor Schmidt opened the public hearing. Page -13- Council Regular Meeting November 1, 2004 ...... ....", Susan Darden, Vol usia Home Builders Association, stated they had concerns and appreciated the fact that they got noticed. They turned it over to their attorney because they believed it was rather high. She stated federal and state highways should not be included in the fee calculations. They also feel the County roads should be removed from the fee calculations as well as Riverside Drive because you can't expand it as a constraint road. She further spoke of City roads not being built to Federal, State or County standards. She asked that the City come up with a better and closer to reality figure on what it costs to put a road in to City standards and you calculate and come up with that fee. She is guessing it to be between $500 and $650. When their attorney saw $1,300 his eyebrows went up. This is double taxation. She asked the Council consider turning it over the consultant asking them to redo this using real numbers. City Manager Hooper explained the discussion is where the money is spent and how the fee is calculated. You have County impact fees that are administered by the County and used for County Roads. We have used those same costs when we widen Roberts Road to a four-lane road it is going to cost the same as a County Road. Those are valid kinds of costs. Sue has the list that was in our previous Comp Plan of road improvements and those do not have the impact fee list of roads to them because they haven't been created yet. At this point they are describing an impact fee and what it is going to be used for. He feels the cost for widening roads is appropriate. Our standards are the same as County standards. City Manager Hooper agreed to look at this. If the Council would like to meet and go over some of that with the City Attorney, staff would be interested in doing that before the second reading. Councilwoman Lichter asked if they are advising they vote yea on this first reading and hold off on the second until he has a meeting where they may make some adjustments. City Manager Hooper stated they are going to meet with them as soon as they can meet with us, before the second reading. Ms. Darden stated the road improvements that were sent to her by Chief Planner Darren Lear that came out of the Comp Plan there are two State roads and three County roads along with local roads. Both the County roads are accounted for in the County impact fee. City Manager Hooper agreed. Page -14- Council Regular Meeting November 1, 2004 '-' ...., Councilman Vincenzi felt Ms. Darden had some good points. If it is going to cause problems, he has no problem holding off on the first reading until they get any questions satisfied. City Manager Hooper informed Council they aren't voting on a number, they are just setting the process. Pat Card, 3019 Willow Oak Drive, wondered what kind of limitations there are on this. He thought they had the opportunity to set within reasonable bounds impact fees as they saw fit. City Manager Hooper stated there is a math formula you have to go through. There are two or three different scenarios. Mayor Schmidt closed the public hearing. Councilwoman Lichter moved to approve Ord. 2004-0-39 on first readina, amendina Chapter 21 (Land Development Code) by modifyina Article XVII (Development/Impact Fees) for consistency and enactina Section 21-323 (Transportation/Road Impact Fees), second by Councilwoman Rhodes. The MOTION CARRIED 5-0. D. 1st 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 Paralegal Matusick read Ord. 2004-0-40 into the record. City Manager Hooper and Chief Planner Lear made a staff presentation. City Manager Hooper further explained there are several first readings tonight, D through J and they are all first reading of a series of annexations that are all coming into the City. At a later date, they will see a Comp Plan amendment, a zoning, and a development agreement. Chief Planner described what is occurring with each property. City Manager Hooper further commented on their goal to annex property down to Ariel Road. There have been several joint discussions with Oak Hill, some good, some not so good. He met with the County a couple of weeks ago and went through this layout to make sure it did not create an enclave. The County had no objections to this annexation and this pattern. They must be done in the right order because they are all connected. That contiguity from the north to the south has got to occur. Page -15- Council Regular Meeting November 1, 2004 '-' ..., City Manager Hooper further explained if one stops, then the whole process slows down until all of these come in at one time. These are all voluntary annexations and are all looking at a different development pattern. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Rhodes moved to approve Ord. 2004-0-40, Ernestina D. Kayat reauestina annexation of 37.26+ acres of land located west of 4100 S. USl and west of Relocation Road, second by Councilwoman Lichter. The MOTION CARRIED 5-0. E. 1st 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 US 1 and south of Relocation Road Paralegal Matusick read Ord. 2004-0-41 into the record. City Manager Hooper made a staff presentation. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Brown moved to approve Ord. 2004-0-41, Traian Joe Sfera, Persa Sfera, Jon Sfera and Selvie Sfera reauestina annexation of 12.01+ acres of land located west of US 1 and south of Relocation Road, second by Councilwoman Lichter. The MOTION CARRIED 5-0. F. pt 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 north of Clinton Cemetery Road G. pt 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 Page -16- Council Regular Meeting November 1, 2004 '-" ...." H. 1st Reading, Ord. No. 2004-0-44, Glenn Storch, authorized agent for John and Patricia Hickey, requesting annexation of 4.70~ acres of land located west of US1 and north of Clinton Cemetery Road Paralegal Matusick read Ord. 2004-0-42, 2004-0-43 and 2004-0-44 into the record. City Manager Hooper made a staff presentation. Glenn Storch, Storch & Morris, made a brief presentation on behalf of John and Patricia Hickey. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2004-0-42, Glenn Storch, authorized aaent for John and Patricia Hickey, reauestina annexation of 28+ acres of land located west of US1 and north of Clinton Cemetery Road, second by Councilwoman Rhodes. The MOTION CARRIED 5-0. Councilman Brown moved to approve Ord. 2004-0-43, Glenn Storch, authorized aaent for John and Patricia Hickey, reauestina annexation of 2.14+ acres of land located at 199 Clinton Cemetery Road, second by Councilwoman Rhodes. The MOTION CARRIED 5-0. Councilwoman Lichter moved to approve Ord. 2004-0-44, Glenn Storch, authorized aaent for John and Patricia Hickey, reauestina annexation of 4.70+ acres of land located west of US1 and north of Clinton Cemetery Road, second by Councilman Brown. The MOTION CARRIED 5-0. I. 1st Reading, Ord. No. 2004-0-45, Daniel and Christine Herman requesting annexation of 3.65~ acres of land located west of US1 and south of Clinton Cemetery Road Paralegal Matusick read Ord. 2004-0-45 into the record. City Manager Hooper made a staff presentation. Page -17- Council Regular Meeting November 1, 2004 ~ .."", Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Brown moved to approve Ord. 2004-0-45, Daniel and Christine Herman recroestincr annexa tion of 3. 65+ acres of land located west of US! and south of Clinton Cemetery Road, second bv Councilwoman Lichter. The MOTION CARRIED 5-0. J. 1st Reading, Ord. No. 2004-0-46, Glenn Storch, authorized agent for Belmont Homes, requesting annexation of 74~ acres of land located west of USl and south of Clinton Cemetery Road Paralegal Matusick read Ord. 2004-0-46 into the record. 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 Ord. 2004-0-46, Glenn Storch, authorized acrent for Belmont Homes, recroestincr annexation of 74+ acres of land located west of US! and south of Clinton Cemetery Road, second bv Councilwoman Rhodes. The MOTION CARRIED 5-0. 7 . BOARD APPOINTMENTS There were no Board Appointments at this time. 8. CONSENT AGENDA A. Law Enforcement Block Grant - staff recommending to accept a $6,847 Local Law Enforcement Block Grant and authorize a match of $1,153 from the Local Law Enforcement Trust Fund to purchase various items Councilwoman Rhodes moved to approve the Consent Acrenad, second bv Councilman Brown. The MOTION CARRIED 5-0. Page -18- Council Regular Meeting November 1, 2004 ....... ....., 9. OTHER BUSINESS A. Engineering Services - staff recommending approval of the engineering proposal from Quentin L. Hampton Associates, Inc. for engineering and construction phases for the Alan R. Thomas WTP Sludge Handling Facilities and Sodium Hyprochlorite Disinfection Conversion for the sum of $72,600, and authorize City Manager to execute the work order City Manager Hooper made a staff presentation. Councilwoman Lichter moved to approve the enaineerina proposal from Quentin L. Hampton Associates, Inc. For enaineerina and construction phases for the Alan R. Thomas WTP Sludae Handlina Facilities and Sodium Hyprochlorite Disinfection Conversion for the sum of $72,600, and authorize City Manaaer to execute the work order, second by Councilwoman Rhodes. The MOTION CARRIED 5-0. B. Terra Mar Village utility System Improvements - staff recommending approval of Change Order No.2 for $9,460.00 to McMahan Construction, and authorize the City Manager to execute the closeout documents City Manager Hooper made a staff presentation. Councilwoman Lichter moved to approve Chanae Order No. 2 for $9,460.00 to McMahan Construction, and authorize the City Manaaer to execute the closeout documents, second by Councilman Brown. The MOTION CARRIED 5-0. 10. OFFICER REPORTS A. City Clerk Wadsworth City Clerk Wadsworth reminded everyone to vote. City Clerk Wadsworth also encouraged people to fill out the survey form for the Land Development Code survey. B. Paralegal Matusick had nothing at this time. C. City Manager Hooper had nothing at this time. Page -19- Council Regular Meeting November 1, 2004 ...... ...", 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 9:02 p.m. Minutes submitted by: Lisa Bloomer Page -20- Council Regular Meeting November 1, 2004