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07-18-2005 - Regular ,/ '-' """"" ~ CITY COUNCIL OF EDGEWATER REGULAR MEETING JULY 18, 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 Attorney Paul Rosenthal City Clerk Susan Wadsworth Paralegal Robin Matusick Present Excused 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 A. Regular Meeting of May 16, 2005 Councilwoman Lichter moved to approve the May 16, 2005 minutes, second by Councilman Vincenzi. The MOTION CARRIED 4-0. B. Regular Meeting of June 6, 2005 Councilman Vincenzi moved to approve the June 6, 2005 minutes, second by Councilwoman Rhodes. The MOTION CARRIED 4 -0. '-' ..", C. Regular Meeting of June 20, 2005 Councilwoman Rhodes moved to approve the June 20, 2005 minutes, second bY Councilwoman Lichter. The MOTION CARRIED 4-0. 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFlCATES/DONATIONS A. Representative Dorothy Hukill reporting on the 2005 Legislative Session and presenting a ceremonial check for a FRDAP Grant in the amount of $141,617 Mayor Schmidt moved this item up on the Agenda before the Approval of Minutes. Mayor Schmidt introduced Dorothy Hukill. Dorothy Hukill presented a report on the 2005 Legislative Session. She commented on several bills and funding initiatives she sponsored during the Legislative Session. Ms. Hukill introduced Legislative Aid Gonzalo Frias, District Secretary Susan Whitehead, Intern Adam Zurbriggen and Intern Lyndsey Webb. Ms. Hukill left for City Clerk Wadsworth three documents, Session Highlights, Budget, and E-Letter. Ms. Hukill presented a check to Mayor Schmidt in the amount of $141,617 for Hawks Park Phase III and congratulated the City. 9C. FRDAP Grant - staff recommending approval for the City to enter into a Project Agreement with the State of Florida Department of Environmental Protection for grant funding in the amount of $141,617 for Hawks Park Phase III and authorize Mayor/City Manager to execute the agreement Councilwoman Rhodes moved to enter into a Proiect Aareement with the state of Florida Department of Environmental Protection for arant fundina in the amount of $141,617 for Hawks Park Phase III and authorize Mayor/City Manaaer to execute the aareement, second by Councilwoman Lichter. The MOTION CARRIED 4-0. Page -2- Council Regular Meeting July 18, 2005 .'-'" ..""" 4. CITIZEN COMMENTS The following citizens spoke: Ken ~llard, 238 N. Riverside Drive, stated he lives on the corner of Riverside Drive and Evergreen Avenue. He feels the City has got to get control of the cars and trucks that use this as a shortcut. They come very often and very fast. He feels it is not in good repair because of the trucks that come through there. He feels there must be a way to control the speed limit or to stop this kind of heavy duty traffic on a residential street where there are small kids. City Manager Hooper agreed to look into this and get some traffic numbers. Councilwoman Rhodes suggested putting up a guard rail. Mayor Schmidt asked for an update at the next meeting. He asked that pictures be taken so they can get a better feel for it. Garv Dudash, 2941 Mango Tree Drive, asked about the new meters that are being put on the water systems and how this will affect their bill. He has some friends that have said their meter has been changed and they said their bill has almost doubled. He asked how the meter will affect the community as paying for this meter for the next twenty years at a double payment on their water bill. City Manager Hooper stated the new meters are going in. They have had several cases of old meters not working or working slowly. At this point he wasn't sure how much of a differential there has been. The company that was hired to put in the new radio control meters went out and surveyed the City and found that there was about 11% of the water not being charged. With that assumption he feels there will be an 11% increase that will occur over the whole City. There are about 40% of the new meters in place. Mr. Dudash spoke of living in a smaller home and his water bill going from $50 per month to almost $100 per month and that was just changing from one house to the next. He doesn't know if the City estimates how much water they are using or if they actually come out and read the meter. He can say from experience that very rarely do they check his meter because he went out the other day and had to clean the dirt away from the top of the meter where the lid was never opened. Page -3- Council Regular Meeting July 18, 2005 ..... ...., City Manager Hooper commented on some of the meters being touch read where the meter readers can touch the cap on the top and get a reading. The new ones are radio control so they drive by in a truck and it transmits a signal that identifies the consumption. He agreed to look at Mr. Dudash's consumption and get him an answer as to how it pertains to him. David Chess, 209 Oak Branch Drive, spoke of the lease purchase of the bank. He feels the bank is not big enough for the future growth of the City and that they should be looking at some available land so they can build a municipal complex in the future that would allow growth for the next twenty or thirty years and build it on as phases. He feels the voters already spoke with the bond referendum regarding the purchase of the bank. Jeanne DelNiaro, 3130 Tamarind Drive, stated she has a problem with the railroad tracks. The signals are not working properly. Last week she was in line heading east and the lights started to flash and the arms didn't come down. She asked an officer who pulled up next to her if he could do anything about it since the traffic was backing up and he drove across the tracks so everybody else did the same thing. city Manager Hooper agreed to work with the railroad. The City doesn't maintain those. Those are maintained by the railroad. He agreed to report a problem. Ms. DelNigro feels this is dangerous. Mayor Schmidt asked which railroad crossing it was. Ms. DelNigro informed him the one on SR 442. Ms. DelNigro felt the officer should have gotten out and directed traffic to go across the tracks. Cyrus Masters, 2403 Victory Palm Drive, stated he is one of the few that got caught up in the water billing cycle this month. He spoke of his water being shut off due to non-payment. He had a recent invoice that stated if he paid his bill by the 25th of this month he would avoid penalties. He stated in the newspaper it says there is a sign in the office stating the City is going through a conversion and asks people to be patient. He spoke of Jon Williams, who asked for courtesy to be extended offering none whatsoever. He spoke of the fine print on the back of the bill and feels this is a poor way to do business. Page -4- Council Regular Meeting July 18, 2005 -- ....., Mr. Master further stated he found it odd to be asked for courtesy to be extended and felt he should be extended the courtesy as well. He stated Mr. Williams told him if he didn't let it go, he could file harassment charges and hung up the phone. He didn't feel this is a good way to handle City business. Chris Jones, 511 Old County Road, stated he was also caught up in the whole water bill. He questioned why their bills are tripling instead of just doubling. It's not just a few. A lot of his friends have spoke to him and said their bills have also tripled. He finds it hard to believe that all of these peoples' bills have tripled instead of possibly doubling. He spoke of people being on fixed incomes and it being hard for them to pay three times the amount they are used to paying for water. Councilwoman Rhodes asked if water bills are tripling. Director of Environmental Services Terry Wadsworth explained we have had instances where they have gone out and waived all the meter testing fees and they go out and check and make sure everything is alright. There are some they have had problems with on conversion. There aren't many meters in the City that should triple. He spoke of installing new meters and there being some confusion with the old reading to the new reading. He spoke of glitches in the system that are being worked out. Bills tripling will not be the rule. Councilwoman Rhodes asked Mr. Jones if he had contacted the City about his bill to find out why that occurred. Mr. Jones stated he called but he never seems to get anywhere with that. He came to City Hall and the line was out the door. A friend of his went in to take care of his bill while Mr. Jones sat with his children and when the guy came out he was talking about how City staff was rude to anyone that had questions. He stated he is not an isolated case. This is very widespread. He spoke of a lady across the street from him that has terminal cancer whose bill went from $35 to $100. His went from $60 to $155. Councilwoman Rhodes asked Mr. Williams to check to verify this. Mr. Williams spoke of sending staff out there to check for leaks. In a lot of cases they are finding there are no issues with the reading of the meters and it boils down to consumption. He has asked some of the customers that don't have any explanation for it to let them look at it and evaluate it. He agreed to direct staff to go out there and perform the necessary tests. Page -5- Council Regular Meeting July 18, 2005 ~ ~ Councilwoman Rhodes expressed concern with the gentleman not having a lot of income. She feels it is creating a hardship for him to pay a triple water bill every month until the City gets this figured out. She suggested they come up with another solution. City Manager Hooper stated what they do is check the meter. The consumption on the new meters are showing that the old meters were very old, not working very well and reading low. They aren't seeing that throughout the City. They sent out 5,000 bills and had 300 people that had issues. When they are going out and doing the testing, they are finding very few numbers are actually turning out with an error with the meter. There were some software issues when they did the conversion but all of those issues are working themselves through. You have very few numbers that are going up that drastic. You have had a few where the meters either didn't work or couldn't be located. They would be happy to look at anyone's account. City Manager Hooper informed Mr. Jones he should be using between 6,000 and 7,000 gallons per month as an average number. Mr. Jones mentioned 15,000 and 20,000 gallons being a bit extreme. City Manager Hooper agreed that is high. Mr. Jones asked what the bill should be for 6,000 gallons. City Manager Hooper informed him around $55 or $60. Mr. Jones spoke very excessive. Mr. Jones asked Hooper informed of not abusing the water and feels his bill is City Manager Hooper agreed to test the meter. if they would be charged for that. City Manager him no. Mayor Schmidt requested contact be made with Mr. Jones' neighbor. City Manager Hooper informed Mr. Jones the City would contact him and they would have somebody out in the next couple of days to check his meter. Mr. Masters asked City Manager Hooper if his estimate on usage included refuse and sewer also. City Manager Hooper elaborated on how he came up with the $60 figure. Councilman Vincenzi stated he used 6,500 gallons and his bill was $93 and he has three people in the house. Councilwoman Rhodes stated there are six people in her home and her bill was $75. Page -6- Council Regular Meeting July 18, 2005 'lW' ., Mr. Jones wanted to confirm that he would not be charged to have his meter checked. City Manager Hooper informed him he would not be charged. Mr. Jones again expressed concern with his meter being covered up with dirt. He feels somebody is not doing their job and becoming very lazy. He also expressed concern about trash that they put out to the street that turned into a big mess because the City doesn't want to pick it up unless it's bagged. Mr. Jones commented on how long yard waste sits on Mango Tree Drive. Mr. Jones stated he came to a meeting two years ago and the City was supposed to get back to him about the drainage problem over by Coronado Paint. He is only asking because he has friends that still live on West Palm Way. Coronado Paint gave the City $20,000 to help with the drainage problem and still when it rains 134 W. Palm Way would flood and he would get almost two feet of water in the back yard. He further spoke of his shed being flooded and having to rebuild his lawn mower. Coronado Paint has designed their parking lot to absorb most of the water from their parking lot. Their parking lot actually floods because that is the way it was designed. That neighborhood hasn't gotten the proper drainage to come out of there and with the money that was donated it would have at least helped. 5. CITY COUNCIL REPORTS Mayor Schmidt had nothing at this time. Councilman Vincenzi had nothing at this time. Councilwoman Rhodes had nothing at this time. Councilwoman Lichter commented on middle funding for the Water Authority of Volusia and the things they are considering. By the year 2010 there will be a shortage of cheap, potable water. They are looking at obtaining money from all the water users in the total County, not just the cities that will be fair and equitable. She passed out packets to the Council of different ways of raising money that were put together by Dr. Mowry. Page -7- Council Regular Meeting July 18, 2005 ....... ...." Councilwoman Lichter stated the WAV group was the child of the Water Alliance. The Water Alliance could only look into projects, they could not execute them. It took six months meeting twice a month for the representatives of this transition group to come up with an interlocal agreement. It has been working very successfully. Three smaller cities did not join but the rest of the cities did. As of recently Daytona Beach has a new manager and Mr. Chisholm came from a different type of county. Daytona Beach has many questions about the funding of the one vote by a formula that many of the managers worked out. Daytona Beach had a court stenographer at the meeting on May 18th where they brought up issues they are having. Tomorrow night they are holding a workshop and they have invited Dr. Mowry. In the past they were very active. One of the bills that passed in Tallahassee was that Tallahassee will be giving a third of the money to water projects, st. John's will be giving a third and the communities in the county will be giving a third. Councilwoman Lichter spoke of a call she received from the court stenographer asking her if she wanted the court report on the meeting. She asked how much it was and was informed it was $900. Councilwoman Lichter commented on the CAP group looking for new members. She feels they serve many good projects. She is also hoping to get a youth group going. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearing, Regions Bank Lease/Purchase Agreement City Manager Hooper went over the Financial Impact of the Lease/Purchase for Regions Bank. He spoke of the bank having a penalty if the City decided to get out of the lease early in the amount of $648,000, which is a three year penalty payment. They are now at a three year notice provision. He spoke of there being only two ways to lease the bank, increase revenues or cut expenses. The increase in millage of .45 would take the millage number from the current number 6.45 to 6.90. That is option one to be able to accommodate this. The other option is to cut expenses. They can reduce what they have in road resurfacing from the $500,000 to $300,000, eliminate two positions in the Police Department and eliminate one position in parks and recreation. Page -8- Council Regular Meeting July 18, 2005 ... ..." Councilwoman Rhodes stated if they took taxes back to the rolled back rate that is more than .45 mills. City Manager Hooper stated that is correct. Councilwoman Rhodes questioned how they could do that. City Manager Hooper informed her they can't. If they took it back to roll back he would have to cut even more. City Manager Hooper stated you can't get to having a reserve the way it should be and do roll back, it is out of the picture for a one year time period. Mayor Schmidt opened the public hearing. The following citizens spoke: Ken ~llard, 238 N. Riverside Drive, stated all of you have worked hard and it must be frustrating. He encouraged the Council not to be rushed. He stated when you first hear the words, Edgewater, Florida Shores, Edgewater Landing, boats and beaches, young people, great stores and shopping, space to grow, that is what he feels encourages new residents and new business. Not the site of a white plaster bank. He feels that is the most obnoxious design. He feels the bank building is in the wrong place. Our City Hall needs to be near the center of the population away from u.S. #1 traffic and it should look friendly, not anti-people. He suggested we play to our strengths. A beautiful City Hall, tailored to our exact needs and built properly in a park like setting. Sometimes what seems like a bargain is someone else's headache. ~ke Visconti, 316 Pine Breeze Drive, feels the Regions Bank is a good location and a nice building that will perform for the City of Edgewater. Council has to make the decision and he hopes it is the right one. Debra Roaers, 510 S. Riverside Drive, stated her first concern is the millage rate, 6.45 to 6.9. She also expressed concern with eliminating two police positions and one parks and recreation position. She feels with the population increase the cutting of these positions is not a good option. Ms. Rogers spoke about the Pet Society and the land that was donated and this not working. The total amount was $500,000. Everyone voted for that and agreed for that to happen because the land was going to be donated. Now the story has changed and continues to change. Page -9- Council Regular Meeting July 18, 2005 .. .., Ms. Rogers made mention of an editorial in the newspaper recently about this. She feels they need to go backwards. The City voted for that to pass. Now what was presented is not what is happening. Perhaps they take the $500,000 from that and help it here, if Regions Bank is the solution. She asked the total square footage of City Hall. City Manager Hooper stated about 12,000 square feet. Ms. Rogers spoke of the City taking over the second floor of the bank building when they move. She asked the square footage of that. City Manager Hooper stated the whole building is 15,000 square feet. Ms. Rogers then asked the age of the building. City Manager Hooper informed her about ten years old. Councilman Vincenzi feels it is older than that. Ms. Rogers expressed concern with the bank building only being 3,000 square feet more than City Hall. She stated the City is busting now with the population we have. She feels 3,000 additional square feet is not going to be enough to handle us down the road. Ms. Rogers further spoke of voting no for the bond money for City Hall. She liked the idea about Regions Bank and questioned the Council making a decision tonight on Regions Bank. She feels this is serious. She feels the elimination of the three positions will not work, especially with the way the City is growing. The $500,000 for the Pet Society is not working due to the City having to look for land. Ms. Rogers feels a new building is the right decision. She commented on SR 442 being widened and extending to SR 415. She commented on all the land available on SR 442. She feels it would be wonderful to see a beautiful facility with a park around it. She told the Council not to make a decision tonight or if they were going to make a decision, to really think about what she is saying. She again stated she feels 3,000 square feet is not enough. Chris Jones, 511 Old County Road, stated with the amount of money that will be spent here, don't you think you could get a hell of a building for that amount of money and put that money back into the community by the people working on the building and it would right back to the City to all of the people that live here that would work on that. Page -10- Council Regular Meeting July 18, 2005 ......, v Councilwoman Rhodes stated they have looked into this for over four years. They have explored every option from renovating this building to buying land and putting a new building. This is the cheapest option. She agreed Regions Bank is not that nice looking of a building. She asked if the citizens would want to pay $5 million more for something that looks better. She stated she knows what her decision is going to be tonight. We can't afford this building or any other building at this point in time. This has been exhaustively studied. We had a citizens group that went to every vacant piece of land in this City and checked it out and made recommendations to the Council. Cyrus Masters, 2403 Victory Palm Drive, commented on City growth. He feels twelve years is not going to work for the City. If the City does commit to 12 years they will have property on u.s. #1 that they will have to get rid of that they have invested a substantial amount of money into. The citizenry voted down excess millage in the last election as far as increase in taxes. It would be awful to lose police officers in spite of the growth in the City. ~ke Visconti, 316 Pine Breeze Drive, stated four years ago he was on the siting committee for a new City Hall. They had three beautiful sites. The cost was so extreme we couldn't afford it. They spoke of building a new City Hall at a cost of between $8 million and $10 million. He feels Regions Bank is the best option we have right now for the cost. Dave Ross, 2803 Needle Palm Drive, stated over the past several months he has listened to what the Council has said. It seems that the real primary concern comes down to two things, raising taxes or cutting services. It goes without saying the Council will not raise taxes. He suggested they talk about services. We have had about a 5% growth rate in the past year. Our revenue is supposed to go up somewhere between fifteen and twenty percent. He finds it difficult to reconcile that a 5% growth requires a 15% to 20% increase in cost. He mentioned the cost of doing business today is about 4% to 7% more than it was a year ago. He questioned why the City's cost goes up two to three times that. If this Council this evening is unsure of our financial ability to do this deal, he would like to suggest a good practice. He suggested they ask staff to come up with an alternate budget balanced based on existing current millage rates, including the bank deal. At the next budget workshop they could do a comparison. Page -11- Council Regular Meeting July 18, 2005 .... .., Pat Card, 3019 Willow Oak Drive, spoke on democracy. He commented on the Council being faced with a decision tonight. He stated for every complex problem there is one solution that is simple and readily apparent to everyone in the room. He feels the simple solution for Council tonight is to wait. He spoke of the need for a new City Hall. He commented on waiting for six years. All of the recommended sites of the City Hall Siting Committee are gone because the City waited. He feels the bank building is the most sensible solution today. He feels it is time to say yea or nay. It's time to set the priority for this City and the vision for its immediate future. It's Council's decision and it only takes three Councilmembers to favor the bank to continue. Tough decision but he respects every Councilmember for making it. Mr. Card stated he and Mr. Ross brought this up again to hear the decision made by this Council and to give the City one more chance to do what they believe is the right thing to do. Councilwoman Rhodes feels the smartest thing for the City to do is buy the bank building. On the other hand, the two options to buy it are not acceptable to her. Councilwoman Rhodes made a motion to decline to lease Recrions Bank, second bv Councilwoman Lichter. The MOTION CARRIED 4-0. Councilwoman Lichter spoke on having City Hall on its current location. It will probably not end here. She believes that with the new areas in the City we will have a place and something else will develop. She commented on the vote in the City twice against that facility. She believes the citizens have a brain and they knew what they were voting for and they voted against it. B. Public Hearing, staff recommending approval for City to enter into a "Sign AgreementU with Hall's Holiday Square property owners City Manager Hooper made a staff presentation. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Page -12- Council Regular Meeting July 18, 2005 .... ...." Councilman Vincenzi questioned this sign being with the owner of the shopping center. City Manager Hooper confirmed all of the owners and tenants have signed it. There was a brief discussion regarding wall signs. Councilwoman Lichter moved to approve the City enterina into a "Sian Aareement" with Hall's Holiday Sauare property owners, second by Councilman Vincenzi. The MOTION CARRIED 4-0. There was a ten-minute recess at this time. City Manager Hooper stated a few weeks ago Council had mentioned they wanted staff to look at ordinances that other cities have adopted for sexual predators. He mentioned a memo that defines four different cities. City Attorney Rosenthal is working with other cities that have or are in the process of going through. They asked City Attorney Rosenthal to talk in general of what they mean and what can be done. Councilwoman Rhodes stated she wanted staff to take the meanest part out of each one of the ordinances and make us an ordinance. There is no equivocating about someone that hurts children. City Manager Hooper explained the difficulty you run into enforcement. You will have an ordinance on the book that cover people moving to the City, not existing residents. someone is in violation, they are in the violation of an ordinance, the worse thing that can happen is if somehow gets back and it is on their probation, if they run into with that. is will If that trouble Councilwoman Rhodes asked why enforcement is such a problem if they are registered. She feels by them registering it is like an honor system. City Manager Hooper spoke of only registering those in Florida. If they come from another state it is extremely difficult to enforce. Councilwoman Rhodes spoke of keeping an eye on the ones that are registered. Page -13- Council Regular Meeting July 18, 2005 ~ ~ Councilwoman Lichter stated she has a problem with some of the ideas unless it can be refined. She feels all of these people can not be called on the same level. She feels they have to think of the exceptions. She feels they aren't all the same category. They can not put to damnation people that might live three miles from a school whose crime was not the same quality or same type of problem of others. Councilwoman Lichter spoke of an interesting letter from a gentleman in Florida Shores that applied to serve on one of the City boards that at one point in his life made this kind of mistake that has been a good husband and a father and has not had trouble with the law and she feels this is a very touchy matter that takes a silk touch to figure out how tight they want to make it. Councilwoman Rhodes questioned a jury deciding that when they convict someone. If they are convicted and have to register as a sexual predator, they have already been convicted of a crime. Councilwoman Lichter stated this is not a cut and dry thing and they have to be careful. People have rights and people pay for their crimes. They can't say when they all come out they are going to repeat the crime. City Attorney Rosenthal stated he thinks they want to keep a certain perspective. There is already a State Statute which deals with if you have been convicted of having an act with someone under the age of 18, there is an existing 1,000 foot requirement. That is there today. He also commented on recent legislation that deals with the monitoring issue. From a municipal ordinance standpoint, the real focus is do you want to increase the distance requirement beyond the 1,000 feet which the legislature has adopted. He spoke of lots of other cities around the state that are considering this. There are lots of different programs. There isn't much case law on this but the limited case law there is essentially says that there isn't a right to live somewhere that that isn't a protected right and that the legislators can legislate in this area. None of these cases in Florida have been litigated at this point. There may be a home rule power question. Has the legislature pre-empted that? He thinks based on the legislation as it is now, the legislature hasn't pre-empted it and he feels they can act. It won't shock him if in the next legislative session the legislature does pre- empt it and they increase it from 1,000 feet to 2,000 feet because everybody in the State is doing it just to have some uniform standards. Page -14- Council Regular Meeting July 18, 2005 .. ....", City Attorney Rosenthal feels they need to look at the local situation and decide how many feet they need. He feels they need to be careful when they draw the circles. If their determination is that there is a legislative need, his observation is nobody is worrying about too much of an in-depth legal research on this that the elected officials if they are seeing the need, they are voting and adopting ordinances and a wide variety of those are happening throughout the state. There is an enforcement problem because it is a misdemeanor violation and under the whole structure right now in the state, it's not easy for municipalities to enforce the misdemeanor violations of local ordinances, at least not on a cost effective basis. He feels the most likely result is going to be a violation of probation issue as a result of violation of a municipal ordinance as opposed to municipalities going into court. Councilwoman Lichter feels the recent hideous crimes that have been committed have not been necessarily committed by persons that live within a school area or next to a church. When they really are mentally sick or devious or hideous, they stake out, they pick for their own reasons, they can live five miles away. They move in with a relative someplace. The recent crimes aren't necessarily the ones that register and let you know where they are. She stated in a sense you maybe feel better by doing it. She feels law enforcement keeping track of where they are is much more important and a lot of have fell through the cracks. Councilwoman Rhodes stated when her daughters were in Middle School there was a pedophile that was on the FDLE Sexual Predator listing that lived across the street from their bus stop. Right now less than two blocks from her a sexual predator lives. Maybe that sexual predator won't hurt small children but you don't know that he won't hurt her twenty-year old daughter. She wants somebody keeping track of them. She wants this law so it enables them that if they are in violation, it gives us a vehicle to do something about it. It wouldn't bother her one bit to have one police officer with that being his job. She would raise taxes for that and that is the only thing she would raise it for. Mayor Schmidt asked City Manager Hooper what he needed from the Council. City Manager Hooper informed him he needs for the Council to direct staff to draft an ordinance if that is what they want them to do. Councilman Vincenzi would like for them to work on it but he would like for it to make sense and to be more than just a feel good type of thing. Page -15- Council Regular Meeting July 18, 2005 '-' ."""" Mayor Schmidt stated it needs to be enforceable however that can fit in. Councilman Vincenzi feels the dumbest thing a City could do is pass an ordinance that can't be enforced. This needs to be designed better and worded properly. He further commented on penalties for those that fail to register. Councilwoman Lichter would like to speak to the Police Chief also to get some of his ideas on the subject. Mayor Schmidt feels the legislature has to take care of the cloudiness of the wordings of your sexual predator, sexual offender. He feels it needs to be crystal clear because this does affect many lives. Councilwoman Rhodes again spoke about policing sex offenders. They can't leave it up to his parole officer or his sister who is going to let him move in with her. Our police officers should keep track of where they are. If they aren't where they say they are supposed to be then you find him and you report it to his parole officer. As a community we need to take that responsibility. City Manager Hooper commented on the Police Chief getting a list, locating them, find them, talk to them, see where they are living, make sure they understand what is going on but you do that on a fairly routine basis but that doesn't mean the day after you show up something else happens. City Manager Hooper further explained all they are doing is increasing. You aren't defining somebody that is on a list that they are not already. They are put on that list by a judicial system. All the Council is saying by way of ordinance is they have to be so many feet from churches, schools, and public places where children will be. Mayor Schmidt stated that is where they really need to push the higher ups to get the tracking better. City Manager Hooper agreed to draft such and have it before Council as soon as possible. C. 2nd Reading, Ord. No. 2005-0-10, Scott Tobin requesting annexation of 30.01~ acres of land located east of US1 and north of Jones Fish Camp Road (1st Reading 4/18/05, Item 6C) Page -16- Council Regular Meeting July 18, 2005 '-' ....., Paralegal Matusick read Ord. 2005-0-10 into the record. City Manager Hooper made a staff presentation. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Counci~woman Lichter moved to approve Ord. 2005-0-10, Scott Tobin reauestina annexation of 30.01+ acres of ~and ~ocated east of US1 and north of Jones Fish Camp Road, second by Counci~an Vincenzi. The MOTION CARRIED 3-1. Councilwoman Rhodes voted NO. D. 2nd Reading, Ord. No. 2005-0-11, Rodney Jones requesting annexation of 100.66~ acres of land located east of Old Mission Road and north of Mission Oaks (1st Reading 4/18/05, Item 6D) Paralegal Matusick read Ord. 2005-0-11 into the record. City Manager Hooper made a staff presentation. Mayor Schmidt asked Chief Planner Darren Lear if the people that expressed concern were concerned about this piece of property. Chief Planner Lear informed him they were concerned with the Oak Leaf Preserve project that is just south of that. They were in Mission Oaks and were concerned with the drainage proposed for the Oak Leaf Subdivision. Councilwoman Lichter asked how it works with a canal behind your property. If you would own half and your neighbor behind you own half. Chief Planner Lear stated in Florida Shores, you will actually see some platted into the canals and some it's actually almost right-of-way that the City still owns that isn't platted out there. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2005-0-11, Rodney Jones reauestina annexation of 100.66+ acres of ~and ~ocated east of Old ~ssion Road and north of Mission Oaks, second by Counci~woman Rhodes. The MOTION CARRIED 4-0. Page -17- Council Regular Meeting July 18, 2005 '-' ....., E. 2nd Reading, Ord. No. 2005-0-16, River Colony Inc. requesting annexation of 4.22~ acres of land located north of Jones Fish Camp Road and west of the Indian River (1st Reading 5/16/05, Item 6E) Paralegal Matusick read Ord. 2005-0-16 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. 2005-0-16, River Colony Inc. reauestinq annexation of 4.22+ acres of land located north of Jones Fish Camp Road and west of the Indian River, second by Councilwoman Rhodes. The MOTION CARRIED 4-0. F. 2nd Reading, Ord. No. 2005-0-18, Rodney Jones requesting annexation of .68~ acres of property located at 1155 Old Mission Road (1st Reading 6/6/05, Item 6E) Paralegal Matusick read Ord. 2005-0-18 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 Rhodes moved to approve Ord. 2005-0-18, Rodney Jones reauestinq annexation of .68+ acres of property located at 1155 Old ~ssion Road, second by Councilwoman Lichter. The MOTION CARRIED 4-0. G. 2nd Reading, Ord. No. 2005-0-29, David Lind requesting annexation of 4.1~ acres of land located at the northeast corner of USl and Jones Fish Camp Road (1st Reading 6/6/05, Item 6F) Paralegal Matusick read Ord. 2005-0-29 into the record. City Manager Hooper made a staff presentation. Page -18- Council Regular Meeting July 18, 2005 '-' ...", Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2005-0-29, David Lind reauestina annexation of 4.1+ acres of land located at the northeast corner of US1 and Jones Fish Camp Road, second by Councilman Vincenzi. The MOTION CARRIED 4-0. H. 2nd Reading, Ord. No. 2005-0-33, Marcia Barnett, requesting annexation of 9.91~ acres of land located south of 35th Street, east of Travelers Palm Drive and west of Needle Palm Drive Paralegal Matusick read Ord. 2005-0-33 into the record. City Manager Hooper made a staff presentation. Councilwoman Lichter questioned these coming in lot by lot and not as a whole project. City Manager Hooper stated they are coming in in groups of lots. What Council is seeing is this is an old plat done twenty or thirty years ago and the parcels have been sold. This property owner has bought several lots, grouped them together and is not bringing them in in groups of lots. Councilwoman Lichter asked if the small dash line is the County boundary. City Manager Hooper stated that is the current City limits. Councilwoman Lichter asked which road it was. City Manager Hooper stated the first one is 35th Street. Councilwoman Lichter asked how they will get out of the middle lots. City Manager Hooper stated they will be adding and paving roads. Councilwoman Lichter asked what the property was to the south. City Manager Hooper stated you are into the County and as you go further south, you come into Volco Road and Edgewater Lakes but there is a gap between them. Councilwoman Lichter asked about wetlands or a canal behind 35th Street or 36th Street that we meet with the County. City Manager Hooper explained there are wetlands as you go south of this project down to Volco Road. Councilwoman Lichter was concerned with them being wet. City Manager Hooper stated these are buildable lots. Page -19- Council Regular Meeting July 18, 2005 '-" ...." Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Rhodes moved to approve Ord. 2005-0-33, Marcia Barnett, requestina annexation of 9.91+ acres of land located south of 35~ street, east of Travelers Palm Drive and west of Needle Palm Drive, second bv Councilman Vincenzi. The MOTION CARRIED 4-0. I. 1st Reading, Ord. No. 2005-0-41, Marcia Barnett requesting annexation of 1.67~ acres of land located south of 35th Street Paralegal Matusick read Ord. 2005-0-41 into the record. City Manager Hooper made a staff presentation. Councilwoman Lichter asked if this is one lot. Paralegal Matusick informed her it is ten lots. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Rhodes moved to approve Ord. 2005-0-41, Marcia Barnett requestina annexation of 1.67+ acres of land located south of 35~ street, second bv Councilwoman Lichter. The MOTION CARRIED 4-0. There was a brief discussion regarding there not being any annexations for a while. Mayor Schmidt asked how many lots are in the Washington Park Subdivision. Chief Planner Lear stated he thought they were looking at about 30. Mayor Schmidt then questioned the size being similar to those in Florida Shores. City Manager Hooper informed him they told him if they are going to make the assessments and it's just a continuation of the Shores then that would be fine. Councilman Vincenzi asked about getting the tail end of 35th Street paved. City Manager Hooper informed him it was already being done. Director of Environmental Services Director Terry Wadsworth stated they are working on it right now. Page -20- Council Regular Meeting July 18, 2005 ~ ., J. 2nd Reading, Ord. No. 2005-0-32, Daniel and Christine Herman requesting an amendment to the Official Zoning Map to include 3.65~ acres of land located west of USl and south of Clinton Cemetery Road as B-3 (Highway Commercial) Paralegal Matusick read Ord. 2005-0-32 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. 2005-0-32, Daniel and Christine Herman reauestina an amendment to the Official Zonina Map to include 3.65+ acres of land located west of USl and south of Clinton Cemetery Road as B-3 (Hiahway Commercial), second by Councilman Vincenzi. The MOTION CARRIED 4-0. K. 2nd Reading, Ord. No. 2005-0-35, Marcia Barnett requesting an amendment to the Official Zoning Map to include 9.91~ acres of land located south of 35th Street, east of Travelers Palm Drive and west of Needle Palm Drive as R-3 (Single Family Residential) This item has been continued until 8/1/05. L. 2nd Reading, Ord. No. 2005-0-37, David Lind requesting an amendment to the Official Zoning Map to include 4.1~ acres of land located at the northeast corner of USl and Jones Fish Camp Road as B-3 (Highway Commercial) This item has been continued until 8/1/05. M. 2nd Reading, Ord. No. 2005-0-39, John and Patricia Hickey requesting an amendment to the Official Zoning Map to include 4.7~ acres of land located at the northwest corner of USl and Clinton Cemetery Road as B3 (Highway Commercial) This item has been continued until 8/1/05. Page -21- Council Regular Meeting July 18, 2005 ~ ....., N. 1st reading, Ord. No. 2005-0-43, Marcia Barnett requesting an amendment to the Official Zoning Map to include 1.67~ acres of land located south of 35th Street as R-3 (Single Family Residential) This item has been continued until 8/1/05. O. 2nd Reading, Ord. No. 2005-0-17, River Colony Inc. requesting an amendment to the Comprehensive Plan Future Land Use Map to include 4.22~ acres of land located north of Jones Fish Camp Road and west of the Indian River This item has been continued until 8/1/05. P. 2nd Reading, Ord. No. 2005-0-34, Marcia Barnett requesting an amendment to the Comprehensive Plan Future Land Use Map to include 9.91~ acres of land located south of 35th Street, east of Travelers Palm Drive and west of Needle Palm Drive as Low Density Residential with Conservation Overlay This item has been continued until 8/1/05. Q. 2nd Reading, Ord. No. 2005-0-36, David Lind requesting an amendment to the Comprehensive Plan Future Land Use Map to include 4.1~ acres of land located at the northeast corner of USl and Jones Fish Camp Road as Commercial Paralegal Matusick read Ord. 2005-0-36 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 Rhodes moved to approve Ord. 2005-0-36, David Lind reauestinq an amendment to the Comprehensive Plan Future Land Use MaP to include 4.1+ acres of land located at the northeast corner of US1 and Jones Fish Camp Road as Commercial, second bv Councilman Vincenzi. The MOTION CARRIED 4 -0. Page -22- Council Regular Meeting July 18, 2005 '-" ..""" R. 2nd Reading, Ord. No. 2005-0-40, Rodney Jones requesting an amendment to the Comprehensive Plan Future Land use Map to include .68~ acres of property located at 1155 Old Mission Road as Medium Density Residential Paralegal Matusick read Ord. 2005-0-40 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. 2005-0-40, Rodney Jones reauestina an amendment to the Comprehensive Plan Future Land use Map to include .68+ acres of property located at 1155 Old M2ssion Road as Medium Density Residential, second by Councilwoman Rhodes. The MOTION CARRIED 4-0. S. 1st Reading, Ord. No. 2005-0-42, Marcia Barnett requesting an amendment of the Comprehensive Plan Future Land Use Map to include 1.67~ acres of land located south of 35th Street as Low Density Residential This item has been continued until 8/1/05. T. Res. No. 2005-R-09, Proclaiming a Primary Election October 11, 2005 and General Election November 8, 2005; declaring September 12, 2005 as the closing of voters registration books for the Primary Election and October 10, 2005 as the closing of the voters registration books for the General Election; and declaring August 29, 2005, 9:00 a.m. the beginning of qualifying for the Mayor four (4) year term, District 1 four (4) year term and District 3 four (4) year term, with qualifying ending September 8, 2005 at 12:00 noon Paralegal Matusick read Res. 2005-R-09 into the record. City Manager Hooper made a staff presentation. Councilwoman Lichter asked if they should provide by early voting like during the last election. Page -23- Council Regular Meeting July 18, 2005 ~ ." City Clerk Wadsworth stated that will be taken care of by the Elections Department. They will be having early voting just like they did last year at the New Smyrna Regional Library. City Manager Hooper asked City Clerk Wadsworth if there is anything new about the elections with the disabilities for the machines. City Clerk Wadsworth stated they were holding the final hearing on that this afternoon and as of 4:30 she hasn't heard anything. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Res. 2005-R-09, Proclaimina a Primary Election October 11, 2005 and General Election November 8, 2005: declarina September 12, 2005 as the closina of voters reaistration books for the Primary Election and October 10, 2005 as the closina of the voters reaistration books for the General Election: and declarina Auaust 29, 2005, 9:00 a.m. the beainnina of aualifyina for the Mayor four (4) year term, District 1 four (4) year term and District 3 four (4) year term, with aualifyina endina September 8, 2005 at 12:00 noon, second by Councilman Vincenzi. The MOTION CARRIED 4-0. u. Res. No. 2005-R-10, provides that election workers for the October 11, 2005 Primary Election and November 8, 2005 General Election be appointed by the Supervisor of Elections for Volusia County; authorizes Mayor/City Manager to execute the Memorandum of Agreement for Polling Places (Precinct #901 - Community Center; and designates the City Clerk and Legal Assistant/Paralegal or their designee to canvass the absentee ballots for the October 11, 2005 Primary Election and November 8, 2005 General Election Paralegal Matusick read Res. 2005-R-10 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Page -24- Council Regular Meeting July 18, 2005 '-" ..."", Councilman Vincenzi moved to approve Res. 2005-R-I0, provides that e~ection workers for the October 11, 2005 Primary Election and November 8, 2005 General Election be appointed by the Supervisor of Elections for Vo~usia County; authorizes Mayor/City Manaaer to execute the Memorandum of Aareement for Pol~ina P~aces (Precinct #901 - Community Center; and desianates the City C~erk and Leaa~ Assistant/Paraleaal or their desianee to canvass the absentee ballots for the October 11, 2005 Primary Election and November 8, 2005 General Election, second by Councilwoman Lichter. The MOTION CARRIED 4-0. 7 . BOARD APPOINTMENTS A. Volusia County MPO Bicycle and Pedestrian Advisory Committee - Mayor Schmidt's appointment to fill a vacated seat Mayor Schmidt nominated George Kennedy to serve on the Volusia County MPO Bicycle and Pedestrian Advisory Committee. Counci~woman Rhodes moved to approve the appointment of Georae Kennedy to serve on the Volusia County MFO Bicycle and Pedestrian Advisory Committee, second by Councilwoman Lichter. The MOTION CARRIED 4-0. 8. CONSENT AGENDA There were no items to be discussed on the Consent Agenda at this time. 9. OTHER BUSINESS A. Engineering Services - staff recommending approval of Work Order No. 2002-26 authorizing Quentin L. Hampton Associates, Inc. to provide engineering services for the design of two (2) new potable water production wells at the Alan R. Thomas Wellfield for an estimated cost of $78,980, and authorize the Mayor or City Manager to execute the documents City Manager Hooper made a staff presentation. Page -25- Council Regular Meeting July 18, 2005 ~ .."" Councilman Vincenzi moved to approve Work Order No. 2002-26 authorizinq Quentin L. Hampton Associates, Inc. to provide enqineerinq services for the desian of two (2) new potable water production wells at the Alan R. Thomas Wellfield for an estimated cost of $78,980, and authorize the Mayor or City Manaqer to execute the documents, second by Councilwoman Rhodes. The MOTION CARRIED 4-0. B. Setting of Millage Rate - staff recommends approval to advertise the millage for fiscal year 2006 at 6.45 mills City Manager Hooper informed Council 6.45 mills is the maximum number. You can't go up but it can come down. The Council will hold public hearings, more work sessions with more information which allows them to advertise. Councilwoman Rhodes moved to approve advertisinq the millaqe for fiscal year 2006 at 6.45 mills, second by Councilwoman Lichter. The MOTION CARRIED 4-0. C. FRDAP Grant - staff recommending approval for the City to enter into a Project Agreement with the State of Florida Department of Environmental Protection for grant funding in the amount of $141,617 for Hawks Park Phase III and authorize Mayor/City Manager to execute the agreement This item was discussed earlier on the agenda. 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 memo he handed out talking about the addition of a firefighter. This will save in overtime and puts a float on each shift. Page -26- Council Regular Meeting July 18, 2005 ~ ""'" Councilwoman Lichter moved to add one firefiqhter position to the two already approved, second bv Councilwoman Rhodes. The MOTION CARRIED 4-0. 11. CITIZEN COMMENTS/CORRESPONDENCE There were no Citizen Comments/Correspondence at this time. 12. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 9:19 p.m. Minutes submitted by: Lisa Bloomer Page -27- Council Regular Meeting July 18, 2005