08-15-2005 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEE TING
AUGUST 15, 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
Excused
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
JoAnne Sikes, 125 E. Palm Way, made a presentation regarding the
book about Edgewater that she and Sandy Sammons put together that
was published by Arcadia Publishing and is part of the Images of
America collection. She mentioned people in the community that
helped by providing pictures and information for the book.
Ms. Sikes presented City Clerk Wadsworth and Marie Goodrich with
a book for their help.
Ms. Sikes thanked Edgewater's librarian, Ruth McCormack, for her
help scanning all of the photographs for the book. She has
already given Ms. McCormack her copy of the book.
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Mayor Schmidt spoke of some of the history he remembered when he
went through the book. He thanked Ms. Sikes and everyone
involved for gathering all of the information and putting it
together and giving the City a book that every resident can be
proud of.
Councilwoman Rhodes asked Ms. Sikes if there were any plans for
Ms. Sikes and Ms. Sammons to have a book signing. Ms. Sikes
stated when Ms. Sammons comes back in the Fall they are planning
on doing that at the Library. She stated there isn't a lot of
history in the book except what is told by the photographs. She
would have liked to have been able to include more history but
there wasn't enough room. She stated she would not give up
giving history talks as long as she is physically able.
4. CITIZEN COMMENTS
The following citizens spoke:
~ke Visconti, 316 Pine Breeze Drive, stated here in Edgewater
and other communities there are hundreds of volunteers saving the
taxpayers thousands of dollars. He would like to see money
allocated in this year's budget for the appreciation day luncheon
which was taken out of the budget a year or so ago to save money.
He feels this was the wrong place to save money. He commented on
the money saved by the Beautification Committee when they met
with the Department of Transportation in the amount of $100,000
to compensate for all the trees that were taken down on SR 442
when it was widened.
Mr. Visconti further commented on the importance of the Planning
and Zoning Board, Code Enforcement Board and Economic Development
Board.
Mr. Visconti commented on not having any money in the budget to
continue landscaping and beautifying the medians on u.s. #1. He
asked that money also be reallocated for this as well as the
volunteer luncheon.
David Crawford, 3609 Canal Road, expressed concern with Item 6B.
He stated it seems like they want to make Diversified Flooring
larger. He asked Council to make it very clear that when he
leaves here tonight he knows exactly what is going on. He
doesn't want a building stuck in front of his front door.
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Gina Holtz, 1798 Hideaway Lane, commented on the construction
project at U.S. #1 and Alamanda Drive. She commented on this
property being home to many species of animals and the site being
disturbed illegally. The permits were issued to the property
owner after the fact, issued by a regulatory agency that is
either unable or unwilling to protect what it is charged to
protect and condoned by the City. She stated this is all too
common in our State where we have a good old boy system in place
with local governments rubber stamping any and all development
for the sake of their tax base and at the expense of the quality
of life of the residents, both human and animal. Local
government can object to incidental take permitting without fear
of reprisal. It is their legal option to do so.
Ms. Holtz further stated the rate of loss of habitat and the
animals that call that habitat home is growing at alarming rates
in our State. If it continues it threatens everything we hold
dear and everything that makes Florida where we want to live.
There are many policies that could and should be changed. As of
this date the gopher tortoise has been listed a species of
special concern in our State, being protected by wildlife laws
that are not being enforced by the Fish and Wildlife Commission
or the local governments. At the rate their populations are
being destroyed it would not be realistic to see them listed as
threatened in the foreseeable future.
Ms. Holtz stated she is not against development she is against
irresponsible development. She believes in a person's right to
use their land but they are not legally entitled to do anything
they want to with it. There are laws in place to protect natural
resources, to protect neighboring properties, there are zoning
laws and land use laws that were established to protect the
character of existing neighborhoods and to protect the rights of
those who are already living right next door. The ones with the
ability to change zoning and land use are either uninformed about
the real cost of growth or indifferent to the harm it does. She
urged the Council to establish some good local regulations that
control growth responsibly, to follow acceptable methodologies
for determining the existence of species prior to the site being
disturbed, to require environmental surveys of all sites in the
preplanning stages, to do the right thing. She feels it is the
Council's obligation to balance the growth of our City so the
best interests of all are being met and not just the developers
who are here today and gone tomorrow.
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Ms. Holtz feels the gopher tortoises could well be Florida's
answer to the spotted owl of the northwest that brought the
timber industry to its knees and conservation is really not a
dirty word. Can we preserve our future as well as our past.
Councilwoman Rhodes stated they have all the conservation
measures that Ms. Holtz asked for in place.
Councilwoman Lichter stated the State
of moving the turtle they say you can
money or something else and then they
State that has changed the tightness.
development in previous cases.
law is too free. Instead
give a certain amount of
can get covered. It is the
She mentioned holding up
Councilwoman Rhodes stated they hardly ever approve building on a
piece of land without there being a conservation overlay. She
then asked if what Ms. Holtz said about the property at the
corner of Alamanda was true.
City Manager Hooper stated it is true that the property was
developed. The City put a stop work until they got the permits
from the State that they needed to get. That puts them in front
of the Fish and Wildlife. The Fish and Wildlife have a variety
of choices and options. Since there is a small number, less than
five, they issue a take permit, which means they get to cover
them up and they pay money into a fund and that fund is used to
buy other property for those that are eligible or a larger colony
to be relocated. The property is adjacent to CVS. It is a
property that is in-fill development. It had been altered back
when SR 442 was being widened. That was a dump site for most of
the fill. It had been substantially altered and changed. The
City didn't believe there were gopher tortoises there at the
particular time. Once they learned there were, they issued the
stop work order, sent them to the proper State entity, and made
them get whatever permit the State is going to entitle them to.
She is right the City could object to a permit but the City can
not issue a different permit. What comes back from the State is
their permit. We do not have the authority to do anything other
than require they get a Fish & Wildlife for endangered threatened
species.
Councilwoman Rhodes stated once the gopher tortoises are covered,
the damage is done. That is why they do take permits and make
you pay to buy property.
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Councilwoman Lichter stated if they want to do something, they
should write to the state. She feels this is where they should
start. She spoke of having Dorothy Hukill as our State
representative and if they know the information properly and if
they feel that five or ten doesn't matter, they shouldn't be
covered, it can't take that long to relocate them, then they
should ask her to help us as well as our State Senator.
Councilwoman Lichter asked Ms. Holtz if she is the lady that
lived behind. Ms. Holtz confirmed she is not. Councilwoman
Lichter stated the lady who lived behind, with the protest signs,
didn't pick the turtles up and move them elsewhere. Ms. Holtz
stated they aren't allowed to. They can be fined or jailed for
stopping and removing them from the road. Anyone that relocates
them is required to have a permit. As an individual she is not
legally allowed to go on to someone's property to determine that
there are tortoise there or any other species.
Councilwoman Lichter stated if they want to do something about
it, one thing might be to ask the State what they are doing and
if this is really saving animals to get a little more money in a
pot.
Ms. Holtz feels the City should require a Natural Features
Inventory prior to issuing final site plan approval. She asked
if there is any sort of environmentalist that goes to the site
prior to disturbing the site to determine what is on that site.
City Manager Hooper stated we do that when we have any reason to
suspect that it's environmental. The annexation areas to the
south that are open, natural areas, we do and would do at all
times. This is along U.S. #1 and SR 442, an intersection that is
in-fill and very small and would not have required an
environmental assessment be done.
Councilwoman Rhodes asked if they can require it be done on every
piece of property. City Manager Hooper informed her they can
require an environmental assessment but they will then be dealing
with lots, with house lots. At some point, they agree to do them
down a certain acreage. This would be below any other city's or
county's threshold.
Councilwoman Rhodes asked what the impact would be if they
required it on every piece of property. City Manager Hooper
stated these studies are probably in the $500 to $600 range to
determine whether they are there. You are probably talking of
adding 30 days to any permitting process. He spoke of having a
contract with the County when they send somebody out.
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Councilwoman Lichter asked to get a hold of the state statute and
any department rules that cover this kind of thing and take a
better look at them. City Manager Hooper stated they sure can.
Councilman Brown feels anything larger than an acre would be
something they would absolutely want to look at. From an acre
down, if there are already houses in existence around an area, he
doesn't see they should have to hold up on the permit.
Councilwoman Lichter stated they aren't just talking about gopher
tortoises, they are also talking about birds and other things
they have run across over the years.
Dominic Capria, 606 Topside Circle, stated at the last meeting
they asked questions on the grants for the slips to protect the
manatees. He asked if Edgewater Landing will have any of these
slips built through the grants. City Manager Hooper stated there
are not grants. It is called aggregation which permits the
construction of new slips at somebody else's cost and you have a
number the City will have control of.
Mr. Capria asked about of having to pay for them. City Manager
Hooper stated everyone would have to pay for them. Mr. Capria
asked how they would be paid for. City Manager Hooper stated
they haven't completed the discussion on how they are going to
sell them. All we know is we have 418 and the City is going to
determine where they go.
Andv Anderson, Pine Tree Drive, stated why if we have Glencoe
Road as an animal shelter and have been using it for all these
years, do we have to build a half a million dollar facility in
our City. He spoke of other communities using the animal shelter
in New Smyrna Beach since time began.
Mr. Anderson asked why the contract was broken. City Manager
Hooper informed him the City opted out of the contract after the
Humane Society violated the contract and would not renew a
contract. Some bad blood, some old history. After that, it was
put on the ballot for the citizens to decide whether they would
be willing to pay 1/10th of a mill to fund a new animal control
facility and they voted yes. The citizens voted to do this.
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Mr. Anderson stated citizens vote according to how many signs
they see and he noticed when this was placed on the ballot there
were signs allover the place. If you want something done you
are going to spend a lot of money to promote it and the more
money you can spend to promote it, the more successful it is
going to be.
Mr. Anderson feels it is unfortunate that we couldn't get a long
with the Humane Society like other communities. Councilwoman
Rhodes stated they were killing animals. The City asked them to
wait to hold our animals for five days instead of three days and
they wouldn't do it.
Councilwoman Lichter stated the City was paying $40,000 a year
and had a contract and the contract was broken but in the three
years in between, there were negotiations. It is not just New
Smyrna Beach. The intent of the animal shelter in New Smyrna was
Southeast Volusia, three cities. It ended up ten entities. With
ten entities, everybody gets put down every week. It became a
matter of trying to sit down and talk to them. Things could not
be worked out so it was up to the public. This is a City that
was very much involved with the building of that building.
Mr. Anderson asked if there was any other city
along with the animal shelter on Glencoe Road.
Lichter told Mr. Anderson if he had an hour to
and she would talk to him.
that didn't get
Councilwoman
call her at home
Mr. Anderson stated like they say it ain't over until it's over
and this may not be over.
Mr. Anderson spoke of spending $9 million to take out all the
water meters allover town and replace them with new meters
because the old meters are too slow and they weren't registering
the water the way they should. He asked how they know the old
meters were slow and if this has been proven. He asked how they
know the new meters aren't going to be too fast.
Mayor Schmidt stated they have all gone through testing. He
suggested Mr. Anderson contact City Manager Hooper on those two
topics. Mr. Anderson feels if the City isn't careful they may
end up buying something they don't need.
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Anthonv Rivera, Queen Palm Drive, stated the voters thought the
animal facility was going to be a volunteer facility with no tax
dollar money to operate it. That is not going to be the case.
They, as residents, still don't understand why somebody was hired
for $50,000 to oversee building the facility. That is what he
thought planning was for. The City can do that without hiring
someone.
Mr. Rivera stated as an animal lover, he has two dogs, four
birds, 16 finchs, two guinea pigs, a lizard and a few other
animals in his house. Just because they euthanize some animals,
if you served on the board you need to do something about it and
not walk away from it. He feels this was not a good move and we
are spending a lot more than $40,000 and what the contract was.
They have more space right now at that facility so they don't
have to euthanize the animals. He feels this facility is going
to wind up costing a lot more per year to operate.
Mr. Rivera expressed concern about the water. He doesn't know
what was included in that. When it comes to the computers needed
to read it, is all of that going to be covered under the $9
million? City Manager Hooper stated all of that is going to be
included. The clear part is the $9 million comes from increased
revenues or savings out of those new meters. There is a
guarantee that the money that is going to pay the $9 million debt
comes out of the savings of those meters. If that doesn't occur,
this company writes a check to the City to cover what the debt
service would be. It is not costing, you as ratepayers, or the
general fund or anybody else dollars. He spoke of the new meters
being radio read meters.
Mr. Rivera then confirmed that the maintenance fee and all of the
upgrades that are needed being covered in this. City Manager
Hooper informed him they were.
John Cordeiro, 1515 Pine Tree Drive, thanked Jon Williams when he
had trouble with his water bill Councilman Brown sent him over
there and he handled everything. He has respect for that man
because everything he said happened.
Mr. Cordeiro stated the $9 million for water meters could have
built a new Police and Fire Station. If you believe the new
meters will pay themselves you believe in Santa Claus and the
tooth fairy. $500,000 for a dog house. First there were no signs
on the roofs of businesses. Now it's no signs, not even on the
front of businesses. You are taking business owner's rights
away. You keep trying to bring new business into Edgewater.
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Mr. Cordeiro questioned why would a business move to Edgewater
the way the City has treated businesses? You allow a drinking
hole to be built next to a playground. You are paying $50,000
for someone to watch a dog house to be built. He read the
article in the newspaper that said she loves where she is, she
loves what she does and she loves Flagler. What a big mistake
she is making coming to Edgewater. It will be like jumping from
heaven into hell. Let me talk to her and go through all these
newspaper articles for an hour. He thinks she would change her
mind about coming here.
Mr. Cordeiro stated the next thing in Edgewater is to install a
computer chip in each of us so you can take full control of every
move we make. He suggested they get Saddam out of prison to help
them but I guess you don't need any help. You are already there.
When Pat Card told him what he and Dave were trying to do wit~
the bank he told him no way. The Manager will stop it because he
will not want someone else to get any credit. Even after he
failed two times, what better way to start it then to say he
would get rid of two police officers or raise taxes. This is
what he calls real sleeze. stop working for millionaire
developers in Volusia County and start working for the taxpayers
who pay their salaries. If the voters don't get rid of all of
you in November, I'm out of here. I will not let my tax money be
used to hurt the citizens of Edgewater. Edgewater has only one
hope and that is new City government to make it like it was five
years ago. He filed a complaint with Code Enforcement and he
told the City Manager about it and the City Manager told him he
would handle it and for him to drop it. To this day, he has
heard nothing. This is a democracy. He calls it a dictatorship
and a cover up.
5. CITY COUNCIL REPORTS
Councilwoman Rhodes stated she pays taxes here like everybody
else and she isn't covering up anything.
Councilwoman Rhodes informed Ms. Sikes she read the book and she
loved it. It is sitting on a table in her house so everyone that
comes in her house can see it.
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Councilwoman Lichter commented on an article in the News Journal
- District to adopt two-day long sprinkling rules. Volusia
County and Flagler are the only two counties that have had two-
day watering instituted for quite a number of years. She spoke
of six or seven other counties that have not adopted that up
until now. Part of the reason we are ahead is because of the WAY
group. Previous to that was the Water Alliance. This kind of
law went in with the Water Alliance. Some of these things are
County rules and regulations. We have a very good person on a
County level, Steve Gintner, who put this into effect. We have a
job in the City to police the two-day water watering from the
sprinkling systems. Also policing the hours that we water.
Volusia County and especially Edgewater is one of the top cities
in terms of conservation of water. When they go in for the CUP,
st. Johns takes into account the fact of our waterless gardens,
the group that City Clerk Wadsworth hands out from the WAY Group
that are in the Library.
Councilwoman Lichter asked the Council if they wanted the
condensed summary of the WAY meetings. They have started the
last two or three months and she represents Edgewater at the WAY
meetings. She feels it would be a good idea if she gets them for
the Council. It was the consensus of Council to be provided with
these summaries.
Councilman Brown asked to get a full reading sent to the City.
Councilwoman Lichter agreed to provide Council with a copy of the
complete packet she receives.
Councilwoman Lichter stated she received a call from one of her
neighbors that a window man from a different County made windows
for her home and when she went to City Hall she couldn't get a
permit to have them put in. They told her she would have to have
hurricane windows or plywood.
Councilwoman Lichter stated there is a brand new ruling from the
State that if you change 25% of the windows in your home, you now
need to have a plan and show that you are going to have hurricane
shutters or plywood cut. She suggested an article be placed in
the City newsletter.
Mayor Schmidt stated he was talking to the principal of Edgewater
Elementary today and she wanted him to pass on a special thanks
to Police Chief Ignasiak and the patrolmen that have been helping
them during some renovations that did not get done over the
summer.
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Mayor Schmidt stated she is very impressed at the devotion the
Police Department is giving that school to get the parents in and
out of the student drop off points. She even mentioned today
that they got them through so fast that all of the parents had
dropped off their kids before the second bell had rung. He
thanked Chief for getting the officers where they need to be and
helping so there are no accidents.
Mayor Schmidt commented on Edgewater night at the ballpark,
Saturday, August 20th. There are still tickets available. He
has the honor of throwing out the first pitch. If anybody can
make it they can contact the Parks and Recreation office and get
the information on the tickets.
Councilman Brown thanked County Councilman Jack Hayman for being
present at the meeting.
Councilman Brown commented on mentoring. He informed Council
that tomorrow at 8:30 a.m. at the Middle School they are having a
breakfast for mentors returning and for mentors that want to be.
He feels it is very fulfilling to help a kid through school. He
has been working with one for five years and he is in Middle
School and the student keeps telling him he needs him to stay
with him. He commented on the difference he has seen in him in
five years.
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. 1st Reading, Ord. No. 2005-0-46, amending the
Firefighters' Pension Fund to bring pension plan into
compliance with State requirements and authorize
purchase of military and previous employment time
Paralegal Matusick read Ord. 2005-0-46 into the record.
City Manager Hooper made a staff presentation.
Mayor Schmidt asked why there are two charts, one for female and
one for male. City Manager Hooper informed him men don't live as
long.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
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Councilwoman Licbter moved to approve Ord. 2005-0-46, amendina
tbe Firefiabters' Pension Fund to brina pension plan into
compliance witb state reauirements and autborize purcbase of
military and previous employment time, second bv Councilwoman
Rhodes.
Tbe MOTION CARRIED 4-0.
B. 1st Reading, Ord. No. 2005-0-44, Visconti Construction
LLC, agent for Bob Seifert/Diversified Flooring, Inc.
requesting annexation of 2.44~ acres of property
located at 3609 and 3625 S US1 including the vacant
parcels to the north and east
Paralegal Matusick read Ord. 2005-0-44 into the record.
City Manager Hooper made a staff presentation.
Councilwoman Rhodes asked if in the front on u.S. #1 it is going
to be commercial. City Manager Hooper informed her yes.
Councilwoman Rhodes then asked if residential will be behind
that. City Manager Hooper explained he thought his plan was to
do a little of both with commercial in the front and residential
in the rear.
Councilwoman Rhodes questioned if they have approval of the site
plan. City Manager Hooper stated the site plan comes to Council
if it is commercial over 25,000 square feet.
Development Services Director Darren Lear explained they are
proposing 4 - 75' wide residential lots behind the commercial,
which would make that a full blown subdivision plat, so they
would see that if they go with the four lots.
city Manager Hooper asked what they would do on the commercial.
Mr. Lear stated he hasn't seen any real plans but thought there
might be some expansion to the north of Diversified Flooring.
It's about 300 feet depth the whole annexation. One hundred and
fifty from u.S. #1 is commercial and the remaining 150 feet is
the residential.
Councilwoman Rhodes stated so the lots would be 75' X 150', which
would be abutting current residences. Mr. Lear stated that is
what would be abutting Waterway Park. City Manager Hooper asked
if they would have access off of Canal. Mr. Lear stated that is
how the residential would access.
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Councilwoman Lichter stated right now they are only talking
annexation. If this was not annexed into the City, what are they
allowed to do if it stayed in the County. Mr. Lear stated right
now it is all commercial. They could do more commercial if they
stayed in the County. There is going to be a buffer between the
commercial and residential lots.
David Crawford, 3609 Canal Road, questioned how far from u.s. #1
back is the commercial going to be. Councilwoman Rhodes informed
him 150 feet. Mr. Crawford stated he has given up everything to
live here and work here and he doesn't want to see a building in
front of his property.
Councilwoman Lichter stated at the moment they are talking about
annexing the property into the City. Whether the County takes it
in or we take it in, it could be more commercial with the County.
Craia ~tchell, 108 Godfrey Road, stated he knows the City and
County have different building requirements and sizes per lots.
He put a lot of money in a house on the waterfront and he is
concerned with what type of building would be going around him
and how bad he is going to get depreciated. He also questioned
how he would be taxed different through the City of Edgewater
versus the County.
City Manager Hooper informed him unless he applied to annex there
would be no impact on him. All of these are voluntary
annexations where the owner becomes the applicant.
Mr. Mitchell commented on a piece of property he looked at two
years ago directly across from him on Godfrey Road and they could
only get 27 building lots out of it. If this property is annexed
into the City, will there be more building lots allowed on this
piece of property of 16 acres. City Manager Hooper stated not
necessarily. He further commented on what occurs.
Mr. Mitchell stated he has a piece of property behind the Texaco
Station and asked if that could be annexed in also. City Manager
Hooper stated it has to be contiguous with the existing city
limits. He suggested Mr. Mitchell come in and speak to
Development Services Director Darren Lear. He can inform him
what would be consistent with the City's goals and objectives and
whether it would be something he could support.
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Mr. Mitchell then asked if this comes up as a vote with property
owners in Waterfront Park. City Manager Hooper informed him no.
What occurs is strictly voluntary annexation. For Waterway Park
to come in would require a vote of those people and the Council
has made it clear they aren't seeking to have people annex
against their will. They are usually vacant tracts, undeveloped
property and those that want to annex apply for voluntary
annexation. That is the only type we have dealt with.
Councilwoman Rhodes asked Mr. Crawford if he understood this.
Mr. Visconti agreed to help Mr. Crawford by describing what type
of homes they will be building.
Councilwoman Rhodes confirmed it is County Commercial right now.
They are asking to come into the City. When it comes into the
City it will be commercial in front and it will be residential
behind. If it stays in the County, it could stay all commercial.
Lawrence Visconti, Visconti Construction, 316 Pine Breeze Drive,
stated he is the applicant for Mr. Seifert and Diversified
Flooring. They intend to build four really pretty 2,000 square
foot homes that will do nothing but enhance the value of his
property on Canal Drive. The commercial space will be limited to
u.S. #1 about 150 feet in with the residential lots also being
150 feet deep by 75 feet wide. They will be new Florida type
designs, single story, mainly created for the over 50 or over 60
person. He guaranteed they will all love the design.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilman Brown moved to approve Ord. 2005-0-44, Visconti
Construction LLC, aaent for Bob Seifert/Diversified F~oorina,
Inc. reauestina annexation of 2.44+ acres of property ~ocated at
3609 and 3625 S USl inc~udina the vacant parce~s to the north and
east, second bv Counci~woman Lichter.
The MOTION CARRIED 4-0.
C. 2nd Reading, Ord. No. 2005-0-43, Marcia Barnett
requesting an amendment to the Official Zoning Map to
include 1.51~ acres of land located south of 35th
Street and Pine Tree Drive as R-3 (Single Family
Residential)
Paralegal Matusick read Ord. 2005-0-43 into the record.
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City Manager Hooper made a staff presentation.
Councilwoman Lichter questioned where they will go in and out.
City Manager Hooper informed her roads will access off of 35th
street. The plan is to be similar to the assessment in Florida
Shores.
Mayor Schmidt asked about 13th, 14th and 15th Street that didn't
get done in Florida Shores. He spoke of talking about this a
couple of years ago but they came back with huge assessments that
weren't conducive for anybody. He asked if there is a
possibility, when this is ready to see if it is workable for the
people that live over there if it can be assessed at the same
time and become a project. City Manager Hooper informed him yes.
What will happen is the cost will not change. That was truly the
1/3, 1/3 and the City paying a 1/3. Those residents didn't like
it and wanted in at the same rate that the Shores had paid. This
assessment and that one would be on current prices. He agreed to
see if they are interested. That required a vote and this
requires, since it is one ownership, a person.
Councilman Brown questioned by somebody having a conservation
overlay, does somebody go and look to see what is existing there.
City Manager Hooper stated on vacant property that is treed or
has undergrowth, this whole subdivision would be reviewed and is
reviewed so they will be doing an environmental assessment.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Lichter moved to approve Ord. 2005-0-43, Marcia
Barnett reauestina an amendment to the Official Zonina Map to
include 1.51+ acres of land located south of 35~ street and Pine
Tree Drive as R-3 (Sinale Familv Residential), second bv
Councilwoman Rhodes.
The MOTION CARRIED 4-0.
D. 2nd Reading, Ord. No. 2005-0-42, Marcia Barnett
requesting an amendment to the Comprehensive Plan
Future Land Use Map to include 1.51~ acres of land
located south of 35th Street and Pine Tree Drive as Low
Density Residential with Conservation Overlay
Paralegal Matusick read Ord. 2005-0-42 into the record.
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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. 2005-0-42, Marcia
Barnett reauestina an amendment to the Comprehensive Plan FUture
Land Use Map to include 1.51+ acres of land located south of 35~
street and Pine Tree Drive as Low Density Residential with
Conservation OVerlay, second by Councilwoman Lichter.
The MOTION CARRIED 4-0.
E. 1st Reading, Ord. No. 2005-0-45, Visconti Construction
LLC, agent for Bob Seifert/Diversified Flooring, Inc.,
requesting an amendment to the Comprehensive Plan
Future Land use Map to include 2.44~ acres of property
located at 3609 and 3625 S US 1 including the vacant
parcels to the north and east as Commercial and Low
Density Residential
Paralegal Matusick read Ord. 2005-0-45 into the record.
City Manager Hooper made a staff presentation.
Mayor Schmidt opened the public hearing.
The following citizen spoke:
Lawrence Visconti, Visconti Construction, 316 Pine Breeze Drive,
stated he was confused about the description of north and east.
He questioned north of what. He has a lady that is upset because
she thinks it is on the north side of Godfrey. It's actually
south of Godfrey and east of U.S. #1.
Councilwoman Rhodes explained it gives a specific address of 3609
and 3625 and then it says it includes north and east of that
address.
Wilma ~tchell, 108 Godfrey Road, stated she is concerned with
the north and east. There is a vacant lot that runs from U.S. #1
all the way down to the river that is northeast of her house. Is
that what the City is trying to get annexed in as low density
housing and commercial up front.
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Council Regular Meeting
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Councilwoman Rhodes again explained it is north of 3609 and 3625
S u.s. #1 but south of Godfrey Road. Chief Planner Lear pointed
out on the map where the property was.
David Crawford, 3609 Canal Road, stated he understands where this
piece of property is and questioned where this piece differs from
the one they had discussion about earlier. City Manager Hooper
explained there are several steps. The first is they annexed it
into the City. This public hearing changes the land use
designation so part of it can be residential and part of it can
be commercial.
Mr. Crawford asked because the gentleman earlier said it will
enhance his property value, does that mean his property tax will
go up because he has just been refused homestead?
The Council informed Mr. Crawford he is located in the County and
the City wouldn't be raising his taxes.
Mr. Visconti stated by enhancing his property he meant the sales
value of his house would probably go up. It has nothing to do
with the assessed value.
Craia ~tchell, 108 Godfrey Road, stated he has no problem with
the annexation if they are four homes that are compatible with
the other homes. He expressed concern with the property north
that later can be annexed in and it can be a different type of
building on that property north and also he is involved in
because he owns a piece of property that would be part of that if
that other part north of Godfrey Road got annexed in. He owns
some acreage there and questioned if he would be forced to annex
into the City. Councilwoman Lichter stated nobody comes in who
doesn't want to.
Councilwoman Rhodes stated but if his neighbor whose property it
is wants to come into the City, the Council reviews it and
decides whether that will happen or not. Mr. Mitchell stated if
it is getting annexed in does Edgewater take the place of Volusia
County as far as tax assessments. Councilwoman Rhodes stated the
County assesses all property. The City sets a millage rate and
instead of the taxes going to the County a portion will come to
the City of Edgewater.
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Council Regular Meeting
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Mr. Mitchell questioned if he would have a millage on top of what
he already pays if it is annexed into Edgewater. Mayor Schmidt
stated if he annexed in he would have a City tax and the City
would provide City services. But if you don't want to come in
you don't have to.
Councilwoman Rhodes questioned that reducing the County tax.
City Manager Hooper stated he is paying right now an assessed
value of a home. The money goes to the County at this point. If
he were annexed the County's tax portion dropped to the
unincorporated area and the City taxes its place. The overall
dollar difference is very little.
Mayor Schmidt closed the public hearing.
Councilwoman Rhodes moved to approve Ord. 2005-0-45, Visconti
Construction LLC, aaent for Bob Seifert/Diversified Floorina,
Inc., reauestina an amendment to the Comprehensive Plan Future
Land use Map to include 2.44+ acres of property located at 3609
and 3625 S US 1 includina the vacant parcels to the north and
east as Commercial and Low Density Residential, second by
Councilwoman Lichter.
The MOTION CARRIED 4-0.
City Manager Hooper asked that those folks on the north side of
Godfrey wanted to leave their name with City Clerk Wadsworth.
There is an application that is not turned in but he has met with
property owners. There will be some activity on that north side.
If they want to be notified directly, they can do that.
Councilwoman Rhodes asked of notifying people within a certain
area. City Manager Hooper stated they notify the owner within so
many feet.
Ms. Mitchell requested to be notified of anything going on with
that property.
7 . BOARD APPOINTMENTS
There were no Board Appointments at this time.
8 . CONSENT AGENDA
There were no items to be discussed on the Consent Agenda at this
time.
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9. OTHER BUSINESS
A. Purchase of Water and Wastewater Chemicals - staff
recommending approval to award bid for High Calcium
Quicklime at $114.76 per ton to O-N Minerals (Luttrel)
Company and Liquid Carbon Dioxide at $128.00 per ton to
Airgas Carbonic
City Manager Hooper made a staff presentation.
Mayor Schmidt stated ths is something that is yearly and is a
requirement being in the utilities business that we need to do
this anyway. Does it need to come before the Council for any
particular reason?
City Manager Hooper stated what occurs is items that are
purchased over $15,000 have to come before Council. Anything
under $15,000 he can sign off on.
Councilwoman Lichter moved to approve to award bid for Hiah
Calcium Quicklime at $114.76 per ton to O-N ~nerals (LuttrelJ
Company and Liquid Carbon Dioxide at $128.00 per ton to Airaas
Carbonic for purchase of Water and Wastewater Chemicals, second
by Councilman Brown.
The MOTION CARRIED 4-0.
B. ParkTowne Industrial Center Phase I Drainage and
utility Improvements - staff recommending approval of
notice to award bid for drainage and utility
improvements to Prime Construction Group for $1,351,004
and authorize the City Manager to negotiate the
contract and execute the documents
city Manager Hooper made a staff presentation.
Councilwoman Rhodes move to approve notice to award bid for
drainaae and utility improvements to Prime Construction Group for
$1,351,004 and authorize the City Manaaer to neaotiate the
contract and execute the documents for the ParkTowne Industrial
Center Phase I Drainaae and utility Improvements, second by
Councilwoman Lichter.
The MOTION CARRIED 4-0.
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10. OFFICER REPORTS
A. City Clerk Wadsworth stated the newsletter will be
coming out in September included with the water bill.
B. Paralegal Matusick had nothing at this time.
C. City Manager
City Manager Hooper stated he wanted to make sure on the budget
the Council has September 12th and September 26th as the public
hearings for the budget at 7 p.m.
City Manager Hooper asked Council if they wanted to hold any more
work sessions or do anything one on one.
Mayor Schmidt stated he had a conflict that came up on September
12th with his current employer where he has to be in New Orleans
for the 12th, 13th, and 14th.
11. CITIZEN COMMENTS/CORRESPONDENCE
The following Citizen spoke:
Andv Anderson, Pine Tree Drive, suggested they have three areas
on the meetings for citizen comments. If you forget to say
something in the beginning you have to wait until the meeting is
almost over before you have a chance to speak again.
Councilwoman Rhodes informed him they can speak during a
particular agenda item. Mr. Anderson stated but if you aren't
talking about that particular subject you really shouldn't be
saying it. Councilman Brown stated he didn't think anyone of
them would stop him. Mr. Anderson stated he didn't know that.
Mr. Anderson commented on the traffic on SR 442. It's really
getting thick and heavy out there. He mentioned a child being
hurt on SR 442 a few months ago. He feels it would be nice to
have a pedestrian overpass over SR 442. He suggested the City
urge the State to build one.
A. Tentative Agenda Items
There were no Tentative Agenda Items to be discussed at this
time.
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12 . ADJOURNMENT
There being no further business to discuss, Councilwoman Rhodes
moved to adjourn.
The meeting adjourned at 8:35 p.m.
Minutes submitted by:
Lisa Bloomer
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