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05-16-2005 - Regular ~ ...., CITY COUNCIL OF EDGEWATER REGULAR MEE TING MAY 16, 2005 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. PRE SENTAT ION/PROCLAMAT IONS/PLAQUE S/CERTI FICATE S/DONATIONS A. Elden McDirmit/Kelly Leary, McDirmit Davis Puckett, presenting the Comprehensive Annual Financial Report (CAFR) for fiscal year ended September 30, 2004 Elden McDirmit, McDirmit Davis Pucket, highlighted the financial statements as a result of their audit for September 30, 2004. He encouraged the Council to review Pages 3 through 13 in the Report which is the Management Discussion and Analysis. Mr. McDirmit spoke on the hurricanes last year and the effect it has had on the budget. ~ 'WI Mr. McDirmit stated the City of our size should have a reserve of about 20 to 40 percent, which would be about a $2 million reserve. The City of Edgewater has something in the Charter that says you have to have 15 percent of the expenditures, which is about $1.8 or $1.9 million. He feels the reserves should be built into the budget over a period of time to work toward building the reserve up. Councilman Vincenzi asked the current amount in the reserves. Mr. McDirmit informed him $504,000, as of September 30, 2004. Mr. McDirmit then commented on the Enterprise Funds, including water, sewer, sanitation and stormwater funds. Mr. McDirmit informed Council Page 27 through 59 are footnotes that give more explanation and more detail related to the finances. Mr. McDirmit stated Page 93 through 99 are their reports on internal control and compliance with laws and regulations. These reports state that the City of Edgewater is in compliance with all the laws and regulations related to finances and that there is no material weakness in internal control. Mr. McDirmit then went over the Management Letter Comment with regard to Status of Prior Year's Comments and Current Year Comments. There was a brief discussion regarding other cities being affected by the hurricanes with their reserve funds. Councilwoman Lichter asked if FEMA money will be going into the reserve fund. City Manager Hooper explained the City will be reimbursed with FEMA money for all funds. The biggest majority of expense was debris pickup so that is solid waste. We have totaled about $4.5 million for FEMA. We will spend 10 to 20 percent of whatever the total bill is coming out of our dollars. He commented on everything being put on hold pending how much we will get back and the rate it comes back. Councilwoman Rhodes questioned receiving half of the FEMA money so far. City Manager Hooper informed her that is correct and all that we have received has gone right out the door to pay the people that picked up the debris. Page -2- Council Regular Meeting May 16, 2005 '-' ....", Councilwoman Rhodes questioned how revenue of the storms are included explained anything that related to 30th is in here for solid waste. much of the expenses and in this budget. Mr. McDirmit a storm prior to September Councilwoman Rhodes expressed concern that ever since she has been on this Council they have not accrued enough money to meet our Charter obligations. She wants to know how they are going to get there by September 30, 2005. City Manager Hooper informed her they would either keep the tax the same or increase revenues. The City has brought on new customers by annexations and that value goes on. Councilwoman Rhodes feels they need to stop spending because they have an obligation to the Charter. In her opinion, there is no option when it comes to the Charter. City Manager Hooper agreed to address this at budget time. There was a discussion regarding moving money from other things that are making a profit into the reserves. City Manager Hooper stated last year they budgeted dollars into that account to raise the revenues so they would have increased reserves and they had three storms that took out almost $1 million. Councilwoman Rhodes feels they need to uphold the Charter and she doesn't think they can sit there and keep making excuses why they don't have the money. Every year we get the same remark from the auditors about the City's reserves. Councilman Vincenzi questioned the amount of the reserves in the other cities that are in good shape. Mr. McDirmit informed him they are in the 20 to 30 percent range. Mayor Schmidt stated this will be a budget time topic and thanked Mr. McDirmit. B. Rick Fernandez, President, Quentin Hampton Associates, Inc., to discuss facility planning for the southern service area (water, wastewater, reclaim) Mayor Schmidt informed Council this would be moved to a Workshop. City Manager Hooper stated this is a Powerpoint presentation that will talk about water, sewer and reclaimed water and the service area from the City limits south to Ariel Road. He would like to put this on an hour before one of the Council meetings. The Workshop was set up for June 6th from 5:30 p.m. Page -3- Council Regular Meeting May 16, 2005 '-" ....,; 4. CITIZEN COMMENTS The following citizen spoke: John Cordeiro, 1515 Pine Tree Drive, read a prepared statement. 5. CITY COUNCIL REPORTS Councilman Vincenzi had nothing at this time. Councilwoman Rhodes had nothing at this time. Councilwoman Lichter stated Drug Free Youth has a thrift shop by the movie theater in New Smyrna and what they have given to this City. They only serve Edgewater, New Smyrna and Oak Hill. She commented on working at the Middle School where Drug Free Youth provided pizza to 5th Graders that will be going to the Middle School. She encouraged the Council to look at the Second Time Around Gift Shop and bring their belongings that can be written off as a tax deduction. Mayor Schmidt commented on the Bicycle Pedestrian Advisory Committee with the County. He spoke of having trouble keeping someone on that Committee. They have been trying to find someone due to Russell Mullen not being able to serve anymore that has some knowledge of this and asked Council for their help to find someone that might be interested in doing this in the next couple of weeks. Mayor Schmidt commented on an appointment he has on the Vol usia Growth Management Commission. He opened the floor to Karen Hall, who currently serves on the Volusia Growth Management Commission. Karen Hall, introduced herself to the Council and read a prepared statement regarding the good she has done for the community and how she came to serve on the Vol usia Growth Management Commission. She feels she has been an outstanding representative for the City of Edgewater. She has served on the Commission for nine years and has only missed one meeting. She takes her commitment seriously and if they reappointment her as the City of Edgewater representative she will work to create the quality of life our residents in Edgewater and Volusia County deserve. Councilwoman Lichter spoke of being on the Planning and Zoning Board when Wildwood had the problem with the gas pumps at the Outpost Majestic. Page -4- Council Regular Meeting May 16, 2005 '-" ....., City Manager Hooper elaborated on changes that are occurring with the Volusia Growth Management Commission. He spoke of it becoming members of staff from other cities being appointed. At the Manager's meeting they have talked of putting more of the planning professional staff. The last discussion they had they appointed Chief Planner Darren Lear as the individual to be on the Committee. He does not reside in Edgewater and it was brought to their attention that it could not be our Planning Director. Ms. Hall stated there are three City Planners and no City Managers on the Commission. Mayor Schmidt stated this is a unique situation because we have a citizen that is really involved. He spoke of growth issues and what will happen in the future over the next twenty and thirty years. He is at a spot where he feels they need to appoint City Manager Hooper to this position, which is what his recommendation is going to be. He doesn't want to lose a strong support of growth and the knowledge she has built up over the last nine years. He would like Ms. Hall to be the alternate for this but also he would think that somewhere, within what we have, her talents and skills could be useful on another board. Councilwoman Lichter feels Planning and Zoning would be ideal. Mayor Schmidt wants to get Ms. Hall involved and would like to meet with Ms. Hall and City Manager Hooper to look at some opportunities. Ms. Hall stated she is not interested in being a threesome because she feels they would just get in each other's way. She would be glad to bring back any information they would want from the VGMC. She knows the City Planner receives that information from the VGMC but didn't know whether the Mayor or City Manager receives that information. She feels the only person qualified on staff would be the Planner and since he doesn't not reside in Edgewater, she doesn't think City Manager Hooper would have added much more to the Commission than she would have. Councilman Brown commented on the Public Information Meeting he attended last Thursday on Old Mission Road Safety Improvements. The road will only be widened from Park Avenue to Eslinger Road. He feels they need to look into this and make some recommendations that he doesn't feel this is really a safety improvement. He feels it will cause more problems and would like City Manager Hooper to look into getting more information. He also mentioned the new housing developments going in out there. Page -5- Council Regular Meeting May 16, 2005 ,..,. ..., There was a ten-minute recess at this time. Mayor Schmidt wished Councilwoman Lichter a Happy Birthday. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 2nd Reading, Ord. No. 2005-0-12, Edgegate LLC requesting an amendment to the Comprehensive Plan Future Land Use Map to include .32~ acres of land located north of 3725 US1 as Commercial Paralegal Matusick read Ord. 2005-0-12 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. 2005-0-12, Edaeaate LLC reauestina an amendment to the Comprehensive Plan Future Land Use MaP to include .32+ acres of land located north of 3725 US1 as Commercial, second by Councilman Vincenzi. The MOTION CARRIED 5-0. B. 2nd Reading, Ord. No. 2005-0-13, Edgegate LLC requesting an amendment to the Official Zoning Map to include .32~ acres of land located north of 3725 US1 as B-3 (Highway Commercial) Paralegal Matusick read Ord. 2005-0-13 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. 2005-0-13, Edaeaate LLC reauestina an amendment to the Official Zonina Map to include .32+ acres of land located north of 3725 US1 as B-3 (Hiahway Commercial), second by Councilwoman Rhodes. The MOTION CARRIED 5-0. Page -6- Council Regular Meeting May 16, 2005 "-" .....,I C. 1st Reading, Ord. No. 2005-0-14, Glenn Storch requesting annexation of 80.97~ acres of land located east of US1 and northwest of William street Paralegal Matusick read Ord. 2005-0-14 into the record. City Manager Hooper made a staff presentation. Councilwoman Lichter made a comment regarding first readings. She feels people have a right to come into the City and to use their land if we can accommodate and have the infrastructure in. She feels what they are doing is at such a rapid pace. She feels they need time to look at and study each one. She feels they need to slow down the process a little. City Manager Hooper spoke of no longer taking applications for annexations, land use, and zonings until the September time frame. He spoke of one more Comprehensive Plan Amendment that will occur in July. They will batch together large scales. He further spoke of annexing along the US1 corridor to Ariel Road. Our objective is everything on the east side coming in at medium and high density so the condominium and use of the waterfront property will be there. Councilwoman Lichter spoke about also considering trash pickup, the post office and traffic going onto USl. Mayor Schmidt opened the public hearing. The following citizen spoke: Chris Balmer, 148 William Street, just wanted agenda it was printed wrong. It says east of of William Street, which is not that parcel. the other side of the road. He questioned if wrong or the reading was wrong. to confirm on the US1 and northeast It is the parcel on the agenda was City Manager Hooper informed him the ordinance is correct. It says northwest. Mayor Schmidt closed the public hearing. Councilman Vincenzi stated growth is happening very fast. He is glad everybody is realizing it is happening. He feels this is a real good opportunity over the next couple of months for everybody to sit back and reflect and try and think of what could be better development instead of what has been going in. He feels they need to do something that will benefit the City. Page -7- Council Regular Meeting May 16, 2005 ~ ....., Councilman Brown expressed concern for the environment and all this growth is an impact on all of the environment around here. He feels they need to slow down, take a look at where they are headed, and how to get there and do the very best they can for Edgewater. Councilwoman Rhodes feels it doesn't make sense not to have this under our control if the property could still be developed in the County with the City not realizing any tax benefit from it. She feels growth needs to be slowed down but she also thinks this is our best way to control what happens on this property. Councilman Vincenzi feels annexing is great. It is what happens after you annex it when the problems pop up. Councilwoman Lichter feels Port Orange and New Smyrna have gone through this and we are late bloomers. Every inch is being grabbed up fast. She feels they need to put the breaks on a little and take their time reading them. Counci2man Vincenzi moved to approve Ord. 2005-0-14, Glenn Storch reauestina annexation of 80.97+ acres of land located east of USl and northeast of William Street, second bv Councilwoman Lichter. The MOTION CARRIED 5-0. D. 1st Reading, Ord. No. 2005-0-15, J. C. & Rosemary Carder requesting annexation of 24.26~ acres of land located east of US1 and north of Godfrey Road Paralegal Matusick read Ord. 2005-0-15 into the record. City Manager Hooper made a staff presentation. Councilwoman Lichter asked if this is a combination of commercial and residential. City Manager Hooper stated this is simply annexation. When this comes into the City, their plan is to look at it as all residential. Mayor Schmidt opened the public hearing. The following citizen spoke: Page -8- Council Regular Meeting May 16, 2005 '-'" .." MaryAnn Morrissette, 510 N. Riverside Drive, questioned as this property is annexed, they are talking about picking up solid waste. She questioned Fire and Police services. Does the city go ahead and service those isolated pockets? City Manager Hooper elaborated on her concerns. Ms. Morrissette further commented on emergency services becoming a real problem in Orlando with the City and the County. Mayor Schmidt closed the public hearing. Councilwoman Rhodes moved to approve Ord. 2005-0-15, J. C. & Rosemary Carder reauestina annexation of 24.26+ acres of land located east of US1 and north of Godfrey Road, second by Councilwoman Lichter. The MOTION CARRIED 5-0. E. 1st Reading, Ord. No. 2005-0-16, River Colony, Inc. requesting annexation of 4.2~ acres of land located north of Jones Fish Camp Road and west of the Indian River Paralegal Matusick read Ord. 2005-0-16 into the record. City Manager Hooper made a staff presentation. Councilman Vincenzi asked if there has been any problems with Boston Whaler. City Manager Hooper informed him no. They have been noticed and he thought when they worked with Edgewater Harbor and the tri-party agreement to assist making the improvements, he met with the President of that facility last week and gave him a map showing what is occurring in the surrounding area. They were pleased to understand we were doing everything feasible to help with their air quality issues. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2005-0-16, River Colony, Inc. reauestina annexation of 4.2+ acres of land located north of Jones Fish Camp Road and west of the Indian River, second by Councilman Vincenzi. The MOTION CARRIED 5-0. Page -9- Council Regular Meeting May 16, 2005 "-' ." F. 1st Reading, Ord. No. 2005-0-17, River Colony, Inc. requesting an amendment to the Comprehensive Plan Future Land Use Map to include 4.2~ acres of land located north of Jones Fish Camp Road and west of the Indian River as Low Density Residential Paralegal Matusick read Ord. 2005-0-17 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 Vincenzi moved to approve Ord. 2005-0-17, River Colony, Inc. reauestina an amendment to the Comprehensive Plan FUture Land Use ~p to include 4.2+ acres of land located north of Jones Fish Camp Road and west of the Indian River as Low Density Residential, second by Councilwoman Rhodes. The MOTION CARRIED 5-0. G. 1st Reading, Ord. No. 2005-0-19, Riverclub - SeaGate Investments, LLC requesting annexation of 41.89~ acres of land located east of US1 and south of River Park Boulevard Paralegal Matusick read Ord. 2005-0-19 into the record. City Manager Hooper made a staff presentation. Councilwoman Lichter asked about doing something with the water plant at Terra Mar Village. City Manager Hooper informed her we took it off line. They purchased the water and sewer and took the water off line and now we provide water. We took their sewer plant and cleaned it up and took it out of the river and now it goes to the County sewer plant. Councilwoman Lichter asked if Terra Mar Village wanted to come into the City. City Manager Hooper spoke of there being 300 lots with approximately 200 of them being owned and leased, the others are fee simple. It is hard to get 300 people to agree to do any one thing. The majority would like to but at this point it is easier to go around them. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Page -10- Council Regular Meeting May 16, 2005 '-"' ....., Councilwoman Lichter moved to approve Ord. 2005-0-19, Riverclub - SeaGate Investments, LLC reauestina annexation of 41.89+ acres of land located east of US1 and south of River Park Boulevard, second bv Councilwoman Rhodes. The MOTION CARRIED 5-0. H. 1st Reading, Ord. No. 2005-0-20, Daniel and Christine Herman requesting an amendment to the Comprehensive Plan Future Land Use Map to include 3.65i acres of land located west of US1 and south of Jones Fish Camp Road as Commercial with Conservation Overlay Paralegal Matusick read Ord. 2005-0-20 into the record. City Manager Hooper made a staff presentation. Mayor Schmidt opened the public hearing. The following citizen spoke: MarvAnn Morrissette, 510 N. Riverside Drive, stated she thought the hospital had the land opposite that on Clinton Cemetery Road. City Manager Hooper informed her the hospital is much further north. It is almost directly across from Edgewater Harbor and Boston Whaler. Mayor Schmidt closed the public hearing. Councilman Brown moved to approve Ord. 2005-0-20, Daniel and Christine Herman reauestina an amendment to the Comprehensive Plan FUture Land Use Map to include 3.65+ acres of land located west of US1 and south of Jones Fish Camp Road as Commercial with Conservation Overlav, second bv Councilwoman Rhodes. The MOTION CARRIED 5-0. I. 1st Reading, Ord. No. 2005-0-21, the City of Edgewater requesting a text amendment to Article III of the City of Edgewater Land Development Code Paralegal Matusick read Ord. 2005-0-21 into the record. Page -11- Council Regular Meeting May 16, 2005 '-' 'wi City Manager Hooper made a staff presentation regarding changes made to Article III as a result of questions in the Land Development Code they have made note of to be modified at a future date. He briefly went over some of the changes that have been made. Councilwoman Lichter thanked City Manager Hooper for the dumpsters on property and new homes that are being built. She got numerous calls on this and it was a terrible problem that they weren't required when they got the building permit and that has been added in. She further commented on Bed and Breakfast establishments. Councilman Brown asked about Page 21, Item F. He questioned not being able to have a real estate office on SR 442 because it's not designed to do the immediate neighborhood. City Manager Hooper commented on their intent. He agreed to look at this and maybe do a little cleanup on the wording. Mayor Schmidt opened the public hearing. The following citizen spoke: Pat Card, 3019 Willow Oak Drive, stated he has watched this section of the Code carefully over the years and he supports this. He commented on a significant portion of this dealing with pools and defines sites for pools very well. The discussion was not a quick discussion at the Planning and Zoning Board. He is looking forward to seeing this clean up some of the language. City Manager Hooper further elaborated on the issues with swimming pools and setbacks. Councilwoman Lichter questioned a maximum size being put in. City Manager Hooper commented on there being coverage and setback requirements. Mayor Schmidt closed the public hearing. Councilwoman Rhodes moved to approve Ord. 2005-0-21, the City of Edaewater reauestina a text amendment to Article III of the City of Edaewater Land Development Code, second by Councilwoman Lichter. The MOTION CARRIED 5-0. Page -12- Council Regular Meeting May 16, 2005 "-'" .."" 7. BOARD APPOINTMENTS A. Economic Development Board - nominations by: Mayor Schmidt to fill seat vacated by the resignation of Kathy Leonardi Councilman Brown to fill remaining term of Nora Aly due to her resignation and Councilman Vincenzi to fill seat due to the expired term of Eric Caplan, who has requested reappointment Mayor Schmidt nominated Daniel Young. Councilman Brown nominated Hugh Sheean. Councilman Vincenzi nominated Eric Caplan. Councilwoman Rhodes moved to accept the nominations of Daniel Youna, Huah Sheean and Eric Caplan to the Economic Development Board, second bv Councilwoman Lichter. The MOTION CARRIED 5-0. 8 . CONSENT AGENDA A. Surplus Items - staff recommending approval of declaration of the attached list as surplus and therefore allowing for disposal by auction or trash Councilwoman Rhodes moved to approve the Consent Aaenda, second bv Councilman Brown. The MOTION CARRIED 5-0. 9. OTHER BUSINESS A. Performance Bond - staff recommending approval of a performance bond for Dr. David Chess for a time period not to exceed (6) months for conversion of a residential home to commercial use, and contingent on completion of the conditions of any required variance and site plan requirements City Manager Hooper made a staff presentation. Dr. Chess has agreed to put up a bond in the amount of $32,780. Councilwoman Rhodes asked if he is already in the city at another location. City Manager Hooper informed her he is in New Smyrna and is relocating to Edgewater. Page -13- Council Regular Meeting May 16, 2005 ....... .."", Councilwoman Lichter moved to approve the performance bond for Dr. David Chess for a time period not to exceed (6) months for conversion of a residential home to commercial use, and continaent on completion of the conditions of any reauired variance and site plan reauirements, second by Councilwoman Rhodes. The MOTION CARRIED 5-0. Mayor Schmidt congratulated staff on the removal of the big, ugly gray building on u.S. #1. 10. OFFICER REPORTS A. city Clerk Wadsworth had nothing at this time. B. Paralegal Matusick had nothing at this time. C. City Manager Hooper City Manager Hooper commented on a letter from City Attorney Rosenthal to Mary Hansen and a letter from City Attorney Rosenthal to Council. The last discussion with Oak Hill was their Mayor was going to make a request to our Mayor to have a joint meeting and talk of water and sewer and forgivement of the payment of attorney fees and that was to occur at sometime in the fairly near future. They are going to ask Council to drop that case. City Manager Hooper stated they want to meet and talk about Ariel Road and come to an agreement that that is a place we have declared. They want to talk about how they can get water and sewer and how they can grow from where they are now. He mentioned a majority of the Council in Oak Hill being different. City Manager Hooper informed Council of the radio read meters being done. He spoke of purchasing a new machine to send out utility bills. Finance Director Jon Williams informed Council they will start physically replacing meters on May 19th. He further commented on and showed Council the new bill format. The new bills will be mailed out May 30th. Page -14- Council Regular Meeting May 16, 2005 '-" """'" Councilwoman Lichter questioned yard. Mr. Williams stated they than what is in the meter box. they are taking out an existing radio controlled meter. what they are digging up in her shouldn't disturb anything other City Manager Hooper explained meter and replacing it with a Councilwoman Lichter asked where they are starting. Mr. Williams informed her they are starting at the north end of town. City Manager Hooper asked Mr. Williams to pass the new bill around to the Council. City Manager Hooper informed Council the newsletter will be mailed with the new bills. City Manager Hooper spoke of the landscaping going in on SR 442 and 1-95 being paid for mostly by DOT. The underground, irrigation and pipes are our money and have been put in. It is time to put in the nautical theme with the sails. They have to choose the color of the sails. He agreed to have Jack Corder start with a CAD drawing to send to everybody and they will contact each Councilmember and put it on the agenda for next time. Mayor Schmidt asked for a confirmed date by the next meeting when they will meet with the School Board. Mayor Schmidt asked to think about getting with New Smyrna, the County Road people and us and talk about Mission Road and 10th Street to give us a one on one with the concerned parties to talk about US1 and the whole thing. It is going to be drastic changes. City Manager Hooper stated he would work on scheduling that and get back with Council with a date. 11. CITIZEN COMMENTS/CORRESPONDENCE There were no Citizen Comments/Correspondence at this time. A. Tentative Agenda Items There were no Tentative Agenda Items to discuss at this time. Page -15- Council Regular Meeting May 16, 2005 ~ ...".t 12 . ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 8:53 p.m. Minutes submitted by: Lisa Bloomer Page -16- Council Regular Meeting May 16, 2005