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09-12-2005 - Regular ,., ...",I CITY COUNCIL OF EDGEWATER REGULAR MEETING SEPTEMBER 12, 2005 IMMEDIATELY FOLLOWING SPECIAL MEETING 8:14 P.M. COMMUNITY CENTER MINUTES 1 . CALL TO ORDER Mayor Schmidt called the Regular Meeting to order at 8:14 p.m. in the Community Center. ROLL CALL Mayor Donald Schmidt Councilman James Brown Councilman Dennis Vincenzi Councilwoman Harriet Rhodes Councilwoman Judith Lichter City Manager Kenneth Hooper City Clerk Susan Wadsworth Paralegal Robin Matusick Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. 2. APPROVAL OF MINUTES A. Regular Meeting of July 18, 2005 Counci~woman Lichter moved to approve the Ju~v 18, 2005 minutes, second bv Counci~woman Rhodes. The MOTION CARRIED 5-0. B. Regular Meeting of August 1, 2005 Counci~n Brown moved to approve the AUCTUst 1, 2005 minutes, second bv Counci~woman Lichter. The MOTION CARRIED 5-0. '-' "WI' C. Regular Meeting of August 15, 2005 Counci~woman Rhodes moved to approve the AUQUst 15, 2005 minutes, second bv Counci~woman Lichter. The MOTION CARRIED 5-0. 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/OONATIONS There were no Presentations at this time. 4. CITIZEN COMMENTS The following citizens spoke: Dominic Capria, 606 Topside Circle, stated back in June Volusia County raised their retention pond fees from $2.50 to $6 per month. He commented on concerns raised at that meeting regarding the raising of the fee $3.50. Mary Ann Connors at that time said that private subdivisions that provide for both water quality and flooding can apply for a credit of up to 68%. He asked if the City has the same rules and if not why not and if not, he would like to see a recommendation to get these rules applied. City Manager Hooper stated you have some rules that allow if onsite retention does water quality and water treatment that you have a reduced rate. Once that water is treated but if it goes through a public body to get to a natural waterway Indian River in our case, they discharge to those ponds, those ponds go through canals that the City maintains or that the homeowners do not maintain, then there is no credit for that. You've got pretty much a very antiquated system that has two tiers to it. They are going to review these and bring to Council some recommended changes to look at how that will be done. At this time, we do not have that system. Mr. Capria commented on Meadowlake Subdivision and Edgewater Landing that purify their own. They spend a lot of money doing their own. He questioned City Manager Hooper's answer regarding as long as they are going in to the Indian River they do not qualify. City Manager Hooper further clarified for Mr. Capria as long as it goes through a public conveyance system to get to the river or some other water body. It leaves Edgewater Landing and goes through a series of canals to get to the river. Once that occurs the City is maintaining those canals or some other agency is maintaining those canals. It can go through the Mosquito Control District. Page -2- Council Regular Meeting September 12, 2005 ..., ..."., Mr. Capri a stated they go through all the canals on private property. City Manager Hooper didn't think they did. Mr. Capria mentioned something coming up now where they are asking the City to clean some of the canals where once before it was refused. City Manager Hooper stated they called, came in and met with him, and showed him a plat. He showed them where they were city dedicated. There is a long discussion and are working towards a resolution on that in Edgewater Landing. At this point, they are into City maintained or City owned easements. Mr. Capria asked about the County going to the Indian River. City Manager Hooper stated he doesn't know what the County tries to do. Councilwoman Lichter spoke about the City owning some of the retention ponds in some of the subdivisions and some being owned by the development itself. Councilwoman Lichter commented on the entities that own them paying the City for owning them. City Manager Hooper stated once it is collected and treated, that water leaves under certain storm events, that particular property. If it is going through a public conveyance system the City has to maintain those. Councilwoman Lichter stated her thought always was that Edgewater Landing owned them but the City helped out with the large equipment. City Manager Hooper stated years ago there was a plat and they dedicated it to the City but Edgewater Landing maintains it. Mike Visconti, 316 Pine Breeze Drive, commented on the retention pond behind his home in Meadowlake. A month ago they had problems about maintaining that retention pond. He questioned if the City owns that retention pond. City Manager Hooper stated he wasn't sure and agreed to check the plat. Mr. Visconti stated right now, they are maintaining it and keeping it clean. They had St. Johns there and they were flabbergasted how clean it was and what a beautiful retention pond they have. The Homeowners Association is maintaining it and they have an aerator in it that they pay for. Page -3- Council Regular Meeting September 12, 2005 ...., """" John Cordeiro, 1515 Pine Tree Drive, stated there is a crisis in Edgewater, Oak Hill and New Smyrna with teen suicide, gangs and drugs. If this City would spend some money for the youth so they would have something to do, maybe it would cut down on that. He feels they should bring Vicki Keeps to a Council Meeting to speak. This is a serious problem with our youth and evidently not too many people know about it. He doesn't think they want to spend the money either. They can either spend it now for the youth to have things to do or they are going to spend it later. Councilman Brown stated she is in the process of getting all the information together and he asked her to present it to him when she is done with it and he will bring it up during Council Reports. Councilwoman Lichter informed Mr. Cordeiro she is a member and officer of the Drug Free Youth Group that cares for and worries only about New Smyrna, Edgewater and Oak Hill. Drug Free Youth gives cash to the YMCA when it is something relate to preventing drinking or drugs. It gives to our Police Department and our Recreation Department. They also provide a person in the middle school to head off problems of names she gets from the fifth grade teachers or potential family problems. They are very aware that Volusia County as a whole being one of the lower income counties have Drug and Alcohol and abuse problems. The Police Officer's dog that just got killed, Cesar, was provided by Drug Free Youth for the cost of $6,000. They just provided a new dog. There is very much a concerned group of volunteers and eight or nine board members with people representing the three cities that are aware of the increased number of problems in our County. 5. CITY COUNCIL REPORTS Councilwoman Lichter thanked Steve Dennis of the Chamber of Commerce for the Chamber Business Fair they had at Ace Hardware. It was a very successful endeavor. Councilwoman Lichter stated City Manager Hooper went to Oak Hill to talk about possibly buying some water from Edgewater because they don't have a CUP with St. John's and don't really have a water supply and are getting into a dire situation over it. Basically 3/4 of the meeting was with a firm that they want to try to get to get grants and free water. That was their main emphasis because they have so many wells that are polluting the river that they may be a good candidate. The more problems you have the more free money you seem to get. Page -4- Council Regular Meeting September 12, 2005 .... """" Councilwoman Lichter stated City Manager Hooper pointed out one important thing. We don't have that much water to sell. We have our own CUP and we have our own expansion and if they really want to sit and talk business, there would probably be a very limited amount. We wouldn't be selling it directly to Oak Hill but to the County who has pipes that go to Oak Hill. Councilwoman Lichter commented on the small businesses on Hibiscus and Guava. For quite a few years, way back there used to be a small businessman's group in the City. She feels this is very necessary. Guava and Hibiscus have some very needed small businesses. She feels the two streets don't look like they should look. She doesn't think it gives an impression of good looking area for small businesses. She suggested the Economic Development Board could encourage them to get together to see what they can do to about cleaning up those two areas. She suggested a nice sign in the front saying the stores that are in there would help. She feels sometimes they concentrate on the new businesses more than the old ones. She thinks they need some motivation to make those places look better. Mayor Schmidt reminded everyone of the annual Fall Festival on Saturday at 10:00 a.m. He encouraged everyone to come out and support the Fall Festival. Councilman Brown reported on the County Charter input meeting. Basically what people were talking about was growth, the environment, and they wanted more County input to the school system from the cities so the schools had a better idea of how and what schools they need to build and where they need to build them. Councilman Brown sat at the mentoring booth at the Business Expo and he signed up four people for mentoring. He encouraged anybody that is interested in mentoring to get in touch with him or any of the schools. They really do need them. Councilman Vincenzi had nothing at this time. Councilwoman Rhodes had nothing at this time. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS Page -5- Council Regular Meeting September 12, 2005 'wf ..." A. Public Hearing, Richard Stonecipher, owner/Earthquake Magoon's, 132 W. Park Avenue, requesting a Special Activity permit for an Annual Biketoberfest Oyster Roast to be held October 21 and 22, 2005 City Manager Hooper made a staff presentation. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve the Special Activitv permit for an Annual Biketoberfest Oyster Roast to be held October 21 and 22, 2005 for Earthquake Maaoon's, second by Councilman Vincenzi. The MOTION CARRIED 5-0. B. Public Hearing, Pat Girvan, owner/No Name Saloon, 2001 S. Ridgewood Avenue, requesting a Special Activity Permit with outdoor music for: 1) Benefit Poker Run for the family of Officer Roy Nelson, Jr. to be held September 18, 2005 City Manager Hooper made a staff presentation. Mayor Schmidt asked about the time of 9:00 p.m. being listed on the Agenda Request under Staff Recommendations under Item 9. City Manager Hooper clarified the time is actually 11:00 p.m. Mayor Schmidt opened the public hearing. The following citizen spoke: Mike Visconti, 316 Pine Breeze Drive, stated he understands the No Name Saloon has changed hands a little bit and he congratulated whoever owns it now because they took the sign off the roof and they installed a new sign. It looks really good. He hopes they do a little landscaping in the future to make it a little more presentable. Councilwoman Lichter stated and the fence is cleaned up and looks better. Page -6- Council Regular Meeting September 12, 2005 '-" ...." Mayor Schmidt closed the public hearing. Councilman Brown moved to approve the Benefit Poker Run for the fami~y of Officer Roy Ne~son Jr. to be he~d September 18, 2005, second by Counci~woman Rhodes. The MOTION CARRIED 5-0. 2) Confederate Flag Poker Run Activities to be held September 25, 2005 City Manager Hooper made a staff presentation. Mayor Schmidt asked about the firing of cannons or tanks. assuming they are staying with the no firing of cannons. Manager Hooper informed him that is correct. He is City Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Counci~woman Rhodes moved to approve the Confederate F~aq Poker Run Activities to be he~d September 25, 2005, second by Councilman Vincenzi. The MOTION CARRIED 5-0. 3) Biketoberfest 2005 Activities to be held October 14 through 23, 2005 City Manager Hooper made a staff presentation. He notified Council of some discussion about Code Enforcement and hours of operation with regard to overtime. Mayor Schmidt opened the public hearing. The following citizens spoke: Debra Roqers, 510 S. Riverside Drive, asked if the bands go inside after 9:00 p.m. City Manager Hooper informed her that lS correct. Page -7- Council Regular Meeting September 12, 2005 'W' ..., Ms. Rogers then asked about no amplified sound after 11:00 p.m. and suggested they make it no amplified past 9:00 p.m. City Manager Hooper stated that had been in the requirements for the last three years. This last year there was a request to be able to announce certain events that go on after 9:00 p.m. but before 11:00 p.m. Council said let's try it for one year and didn't have any complaints. They didn't break any of the noise ordinances. Ms. Rogers expressed concern with the speeding on Riverside Drive due to the traffic and the bikers riding up and down Riverside Drive. She asked if they will be able to have extra police officers patrolling that road. City Manager Hooper informed her they close Boston Road on the larger day events so they discourage the traffic from going down Boston to Riverside. Chief has set up his bike patrol that operates on Riverside Drive and very quickly that word spreads and most of them do use US 1. Ms. Rogers stated last year there was some device to measure the level of sound. They said they would control it within a certain level. She lives across from Menard May Park and can hear the music all the way down there. When she has road her bike down towards where the No Name is located on Riverside, the music is very loud. What will be done to help control that. City Manager Hooper stated what occurs are sound readings that are done on an hourly basis. If they exceed the decibels that have been described in the Land Development Code, they are notified. They turn it down. If there is a repeat offense that occurs, there is a citation issued. Generally they live within that. They have had fewer and fewer complaints. In years past, that was a large complaint with Code Enforcement. It seems to be very well under control. Councilwoman Lichter commented on still hearing the noise depending on the way the winds are blowing. Ms. Rogers stated it doesn't bother her or annoy her. She is concerned with the residents that are in close proximity to the No Name. She just wanted to make sure it is going to be the same for this year. She is certain with new management they will be very careful with the noise level too. Jack Lever, 1625 Victory Palm Drive, stated he helps the No Name out with their benefits and the owners are going to be putting up side curtains on the stage to try to deter the band noise a little bit. Page -8- Council Regular Meeting September 12, 2005 ...." """" Mayor Schmidt closed the public hearing. Counci~woman Lichter moved to approve the Biketoberfest 2005 Activities to be he~d October 14 throuqh 23, 2005, second bv Counci~woman Rhodes. The MOTION CARRIED 5-0. C. 2nd 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. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Counci~n Vincenzi moved to approve Ord. 2005-0-46, amendinq the Firefiqhters' Pension FUnd to brinq pension p~an into comp~iance with State requirements and authorize purchase of mi~itarv and previous emp~ov.ment time, second bv Counci~n Brown. The MOTION CARRIED 5-0. D. 2nd Reading, Ord. No. 2005-0-15, JC & Rosemary Carder requesting annexation of 24.26~ acres of land located east of US1 and north of Godfrey Road - continued from 6/6/05, Item 6C Paralegal Matusick read Ord. 2005-0-15 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. 2005-0-15, JC & Rosemary Carder requestinq annexation of 24.26+ acres of ~and located east or US1 and north or Godfrey Road, second bv Counci~n Vincenzi. The MOTION CARRIED 5-0. Page -9- Council Regular Meeting September 12, 2005 -- ...., E. 2nd 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 South US1 including vacant parcels to the north and east Paralegal Matusick read Ord. 2005-0-44 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 Rhodes moved to approve Ord. 2005-0-44, Visconti Construction, LLC, aqent for Bob Seifert/Diversified F~oorinq, Inc., requesting annexation of 2.44+ acres of propertv ~ocated at 3609 and 3625 South US! inc~udinq vacant parce~s to the north and east, second bv Counci~woman Lichter. The MOTION CARRIED 5-0. F. 2nd 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 South US1 including 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. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Counci~woman Lichter moved to approve Ord. 2005-0-45, Visconti Construction LLC, aqent for Bob Seifert/Diversified F~oorinq, Inc., requestinq an amendment to the Comprehensive P~an Future Land Use Map to inc~ude 2.44+ acres of property ~ocated at 3609 and 3625 South US! inc~udinq vacant parce~s to the north and east as Commercia~ and Low Densitv Residentia~, second by Counci~woman Rhodes. The MOTION CARRIED 5-0. Page -10- Council Regular Meeting September 12, 2005 ~ ..." G. Res. No. 2005-R-12, adopting the National Incident Management System (NIMS) concept of emergency planning and unified command Paralegal Matusick read Res. 2005-R-12 into the record. City Manager Hooper made a staff presentation. Councilwoman Lichter feels the residents need a map of the escape routes in case of an emergency. Councilwoman Rhodes feels that is a good idea. City Manager Hooper agreed to get with Fire Chief Barlow on this. City Manager Hooper commented on a map that is put out by the press, which identifies shelters and other areas. Councilman Brown stated he asked Fire Chief Barlow to start getting together phone numbers of different departments to call during any emergency. Mayor Schmidt opened the public hearing. The following citizen spoke: Anthony Rivera, 3026 queen Palm Drive, stated he is finishing up a Volusia County Citizen Academy and he gets nothing but good marks about Fire Chief Barlow. The Emergency Operations Center Director says Edgewater is the most cooperative city and works with the other cities. Mayor Schmidt closed the public hearing. Counci~woman Rhodes moved to approve Res. 2005-R-12, adoptinq the Nationa~ Incident Manaqement Svstem (NIMSJ concept of emerqency planninq and unified command, second bv Councilman Vincenzi. The MOTION CARRIED 5-0. 7. BOARD APPOINTMENTS A. Planning & Zoning Board - nomination by Councilwoman Rhodes to fill a vacated seat Page -11- Council Regular Meeting September 12, 2005 ...... ...., Councilwoman Rhodes moved to appoint John Weiss to fill the vacated seat on the Planninq and Zoninq Board, second by Councilman Vincenzi. The MOTION CARRIED 5-0. 8 . CONSENT AGENDA There were no items to be discussed on the Consent Agenda at this time. 9. OTHER BUSINESS A. Auditing/Financial Services - staff recommending approval to enter into a three (3) year contract with McDirmit Davis and Company, LLC to perform auditing/financial services in the amount of $36,700 for 2005; $37,400 for 2006 and $38,100 for 2007, and authorize the City Manager to execute the contract City Manager Hooper made a staff presentation. Councilman Vincenzi asked if the last two companies submitted estimates for 2006 or 2007. Finance Director Williams stated the last two firms did submit proposals but he wasn't sure the total dollar amount but McDirmit Davis was the lowest submitted proposal by far in all three years. Councilman Brown asked how long we have had them. Finance Director Williams stated this is the third year. Councilman Brown asked about there being a conflict with them doing this year after year. Finance Director Williams informed him not at all. Councilwoman Rhodes feels it is a good idea to change auditors every few years so there is no conflict and you get a fresh eye on things. She feels saving almost $4,000 is the best way to go right now. Councilwoman Licther moved to enter into a three (3) year contract with McDirmit Davis and Company, LLC to perform auditinq/financial services in the amount of $36,700 for 2005; $37,400 for 2006 and $38,100 for 2007, and authorize the City Manaqer to execute the contract, second bv Councilwoman Rhodes. Page -12- Council Regular Meeting September 12, 2005 '-" ...", The MOTION CARRIED 5-0. B. Professional Engineering Services - staff recommending approval to enter into contract negotiations with Professional Engineering Consultants, Inc; Quentin L. Hampton Associates; B & H Consultants and Gierok Engineering, Inc. to perform engineering services and authorize the City Manager to execute the agreements City Manager Hooper made a staff presentation. Councilwoman Rhodes asked why there are no prices with this. City Manager Hooper informed her because you can't ask for a price on attorneys, engineering, surveyors and planners. City Manager Hooper stated when you go out and say you want a proposal then that priced proposal comes back to Council. It is called quality based selections. It is State Statute that says how you hire certain kinds. You aren't after the lowest bid, but someone that can do the job and then you negotiate the price you want with those individual firms. Councilwoman Lichter moved to approve entering into contract negotiations with Professional Enqineerinq Consultants, Inc; Quentin L. Hampton Associates; B & H Consultants and Gierok Enqineering, Inc. to perform enqineering services and authorize the City Manaqer to execute the aqreements, second by Councilwoman Rhodes. The MOTION CARRIED 5-0. C. Professional Surveying Services - staff recommending approval to enter into contract negotiations with Honeycutt & Associates, Inc.; Sliger & Associates.; Upham, Inc; Allen Campbell & Associates, Inc. and Southeastern Surveying to perform surveying services and authorize the City Manager to execute the agreements City Manager Hooper made a staff presentation. Page -13- Council Regular Meeting September 12, 2005 'W' ~ Councilwoman Rhodes moved to approve entering into contract neqotiations with Honevcutt & Associates, Inc.; Sliqer & Associates.; Upham, Inc; Allen Campbell & Associates, Inc. and Southeastern Survevinq to perform surveying services and authorize the Citv Manaqer to execute the agreements, second by Councilwoman Lichter. The MOTION CARRIED 5-0. D. Purchase and Sale Agreement - staff recommending approval of the purchase of 17.64 acres from the County of Volusia in the amount of $285,800 for the water, reclaimed, sewer and animal facilities and authorize the Mayor/City Manager to execute the documents City Manager Hooper made a staff presentation. Councilwoman Lichter asked if this helps with reclaimed water south of here. City Manager Hooper stated what this does is brings the reclaimed water from the County's facility, pumps it north. It will be recharged or apressurized here and will enter into the Shores from the southern part of the service area. This is part of the long range solution to get more water into the southern part of the Shores and to cover some of the new subdivisions between us and the County. Part of the Land Development Code requirement will be all of the new subdivisions will have to put in dry lines so when this becomes available all they have to do is hook it up and open a valve. Mayor Schmidt asked where the money comes from. City Manager Hooper informed him it comes from the enterprise water and sewer funds. It is split evenly. Quentin Hampton will do the design. Council will see that come to them in a separate contract. They are the firm that had done the preliminary design and the planning. We are going to be contracting with them to do the site plan and the improvements to the water and reclaimed system. Councilman Brown moved to approve the purchase of 17.64 acres from the Countv of Volusia in the amount of $285,800 for the water, reclaimed, sewer and animal facilities and authorize the Mavor/Citv Manager to execute the documents, second bv Councilwoman Lichter. The MOTION CARRIED 5-0. Page -14- Council Regular Meeting September 12, 2005 -- ...., 10. OFFICER REPORTS A. City Clerk Wadsworth informed Council the newsletter will be in with the utility bills starting with the upcoming billing. It will be done monthly now instead of bi-monthly. B. Paralegal Matusick had nothing at this time. C. City Manager Hooper had nothing at this time. 11. CITIZEN COMMENTS/CORRESPONDENCE There were no Citizen Comments/Correspondence at this time. A. Tentative Agenda Items There were no Tentative Agenda Items to be discussed at this time. 12. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 9:15 p.m. Minutes submitted by: Lisa Bloomer Page -15- Council Regular Meeting September 12, 2005