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12-04-2000 - Regular 'WI 'W CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 4, 2000 7:00 P.M. COMMUNITY CENTER MINUTES 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 Deputy City Clerk Lisa Bloomer Legal Assistant Robin Matusick Present Present Present Present Present Present Excused Present Present INVOCATION. PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. APPROVAL OF MINUTES A. Reaular Meetina of November 6. 2000 Councilwoman Rhodes stated on the 1st report under City Council Reports on the 2nd line it says frugal and she thinks it is supposed to say feudal. She had no other comments. Councilman Vincenzi made a motion to approve the November 6, 2000 minutes, second by Councilman Brown. The motion CARRIED 5-0. B. Reaular Meetina of November 20. 2000 Councilwoman Rhodes made a motion to approve the November 20, 2000 minutes, second by Councilwoman Lichter. The motion CARRIED 5-0. PRESENTATIONS I PROCLAMATIONS IPLAOUES ICERTIFICATES I DONATION S A. UDdate on the YMCA bv Randv Brown Randy Brown presented an update on the YMCA. He commented on the number of new members. He further spoke about there being seventeen teams that have signed up for youth basketball. He informed Council the YMCA open house will be all day on December 12th. The grand opening celebration will be from 5 p.m. to 7 p.m. He commented on the fund raising program for the swimming pool. They are just a little shy of $200,000. He commented on Jack Corder being a tremendous asset to them over this process. Councilwoman Lichter stated a resident that owns a business in New Smyrna got a phone solicitation and mention was made of a $5,000 donation. He wasn't clear why the $5,000 figure was asked of him. He also had concerns if something ever happened what would happen to his money if he made the donation. Mr. Brown stated it won't happen but if it did, they have a list of every person that has given them money and it would be given back to them. He explained when they do the fund raising they only solicit business people in the communities. They are aSking anywhere from $5,000 to $200,000. It would have been someone who was soliciting someone that was given to them as a prospect and it should have been identified as a donation to the capital campaign. ...... ....." councilwoman Lichter asked if there was something about how many employees a business has. Mr. Brown explained that is a Charter membership and elaborated on what this is. Councilwoman Lichter asked if they could give $2,500, they didn't have to give $5,000. Mr. Brown stated it is $2,500 if they want to be a Corporate Charter member. They have not called anyone on Charter memberships. That was sent out in the mail and in the newspapers. The only calls they are making are personal gifts to the pool campaign. Mayor Schmidt asked how the road is. Mr. Brown stated it is awesome. City Manager Hooper informed the Council the agreement with the YMCA is about two years old and things have changed. Staff is looking to bring it back. They are going to update a few small things. He will bring back this back at the first meeting in January. B. citv Hall Siting Committee's recommendations for new City Hall como lex oresented by Chairman Christooher Balmer Chairman Chris Balmer thanked the Council for letting him work on a Committee with such dedicated citizens. He recognized the members that were present. He read the memo from the City Hall siting Committee regarding their recommendations. Councilwoman Rhodes stated in the last minutes she read someone recommended that this Committee be retained to see this process all the way through. She thinks that is an excellent idea and would like to see this occur. Councilwoman Lichter asked for the parameters for Target Area #1. She asked if Silver Ridge is the southern tip of that. Chairman Balmer stated they went out and looked at actual pieces of property. They stepped out of the actual site and said in the city what area would they like city Hall to be in. That is where they came up with the target areas. The southern most part would be the Silver Ridge Subdivision up to and including the Turgot Avenue area. She asked for the parameters for Target Area #2. Chairman Balmer informed her from Willow west and past Mission Road for number two. He informed Council of area number three that was a possibility for thirty years down the road. Councilwoman Rhodes feels they need to look to the future and have all their ducks in a row. Councilwoman Lichter doesn't see the center of the City leaving the river or going out that far. She sees other things going out there. She feels choice one is most pertinent. Councilwoman Lichter stated conclusions about the use of this property she mayor may not totally agree with. A park is on the right track but she also sees it could be expanded to something related to boating or marine industry, something of a nature that is recreation/leisure/park. She thinks they still need to take into consideration what they will do about parking. Councilwoman Lichter asked if the Committee gave any further consideration of using the present site and the properties around it for the actual City Hall. Chairman Balmer stated they didn't feel that would be financially feasible and they didn't know how the logistics of that would work. It wasn't a top selection. Councilwoman Lichter stated when she mentioned the alternate uses of this site connected with recreation, she felt it could be a type of business such as a restaurant or lounge that would tie in with that. Page -2- Council Regular Meeting December 4, 2000 ,..,. ..." Chairman Balmer stated the Committee was pretty adamant about a park or using the property if it was sold to benefit from it financially. He further commented on the public hearing they had. Councilwoman Lichter asked what the input was at the public hearing. Chairman Balmer stated from Riverside Drive residents that wanted to see it a park. Councilwoman Lichter stated not condominiums. Chairman Balmer informed her that is correct. City Manager Hooper stated when they had the public hearing, there wasn't a lot of input about Zone 1, 2 or 3. That did not seem to draw a lot of interest. What drew the most interest was this site and what would happen at this time. The strong opinion was that this could stay natural, stay as a park, stay as something semi-passive with water activity across the street. Nobody wants to take what he considers $10 per square foot property and make a parking lot out of it. Councilwoman Rhodes asked if they can afford to that. She thinks they all would like to see a park and see the City retain it but can they afford it. City Manager Hooper stated there are ways to finance and come up with something and work it out. This is a two step process. This is the first step that comes to Council. sites two areas and talks in general of what happens at this site. They have sent on to the Recreation/Cultural Services Board part two. Them looking at this site and saying from a parks point what that could be turned into and developed. The Council will get that report back and then he thinks it is time to agenda it and talk of telling him what Council wants to do. Right now it's vague. The first step will be do they want to move it and if so in zone one or zone two. He thinks they are looking at a three to five year plan before anything happens. He would like to target an area and negotiate a piece of dirt. He spoke about putting money aside every year. Chairman Balmer stated they didn't meet anyone that felt the current facilities were appropriate or would last much longer. Councilwoman Rhodes stated the biggest problem she has heard from people is no one wants a condominium here although financially that is a sound proposition. Councilman Brown commented on having a grant writer. There has to be something out there that if they converted this to a park they would be able to apply for a grant which may cover part of the loss of selling the property outright. Chairman Balmer commented on the ECHO money. Councilwoman Lichter feels if they can tie in ecology and history and culture you are on the road to an eco-tourism grant. This area is historic. She commented on the stretch from City Hall to U.S. #1. Some of the people may be willing to sell. She sees it tying into a little Canal Street with quaint stores or restaurants. Let's not just think of the quick buck a condo might bring. This is a unique piece of property. She thinks people want to be uplifted by cultural/historical things. Chairman Balmer explained they were definitely targeting an idea of a complete complex. They definitely wanted to see it low impact on the community and involve other things beside City Hall. Councilwoman Rhodes felt the Committee did a great job. Mayor Schmidt thanked the Committee. CITIZEN COMMENTS JoAnne Sikes, 125 E. Palm Way, City Historian, stated her one comment at the public hearing was no condo here. There are certain areas in these districts that she hopes they don't waste the money on because it is cheaper and have to pay three times as much to fill it in. She stated that Area #2, during the last rain, was standing with water. Page -3- Council Regular Meeting December 4, 2000 '-' """" Jeanne DelNigro, 3130 Tamarind Drive, stated two years ago when this all started with the YMCA coming in, they were supposed to come up with $1 million. She hasn't seen the money and it is going on three years. She asked why their name is on the building when they haven't come forward with the $1 million. Edgewater has already put their $1 million in. City Manager Hooper stated Phase I is the City which is the construction of the building and the outside for expansion. The YMCA money is for the pool and the expansion of the building to add additional space. They are gathering money but haven't raised their amount yet and haven't started their pool. At this point and the way the agreement and the understanding to date is, the City was building the building and they are managing it for the City and that is the only arrangement we have now. If they bring money, the pool is expanded and the building is expanded. Ms. DelNigro stated that wasn't the original agreement. City Manager Hooper stated sure it is. Ms. DelNigro stated the original agreement was the YMCA was supposed to come up with $1 million because the City already had their $1 million. City Manager Hooper stated Edgewater had the money to build the Y and decided to build the structure. Then came the choice of either letting the Y manage it for us and that is the only thing they are doing. They run the programs in conjunction with what the City Council wants. There was never a discussion of really their million. Their million has always been to expand. At one time there was some preliminary negotiations of the City put a million, the Y put a million and the Community College put a million to try and relocate it someplace else but that never got anywhere. It has always been the City to put the building up, the Y to manage it and then as it is expanded the Y is paying for any expansion. Ms. DelNigro stated our million is spent into that building right now. City Manager Hooper stated it built the building. Ms. DelNigro asked if the Y will maintain it or the City. city Manager Hooper stated the Y is maintaining it. Ms. DelNigro stated the Edgewater taxpayers will not have to put a dime out of their pocket. City Manager Hooper stated that is correct. The agreement is the Y will maintain it and pay the power bills, maintenance on the building and the painting and all the typical normal maintenance. They hold the insurance on the building but we own it. Ms. DelNigro asked about city Hall. What is wrong with ripping this down and rebuilding this instead of spending all the money they want to spend to put up a new City Hall some place else? This City Hall has been here for a long time. Why all of a sudden do we need a new City Hall built some place in Edgewater? City Manager Hooper stated he thinks the Council's suggestion and request wasn't that we relocate it, but to study it. They haven't spent anything. They formed a Committee that said if it were to be relocated where would you want it. There hasn't been any decision that it had to be moved? Ms. DelNigro stated she understands if you put a new City Hall up it is going to cost money and the taxpayers are going to take the brunt of that money. Why do you want to keep putting taxes onto the taxpayers? Councilwoman Rhodes stated the taxpayers are going to take the brunt of it if you tear this down and build it bigger. Ms. DelNigro stated how do you figure that? You have already got the land. Councilwoman Rhodes stated but this is prime property sitting here. Ms. DelNigro stated if it is so prime, put a new City Hall up. Councilwoman Rhodes stated they get no taxes out of a new City Hall. Councilwoman Lichter stated in her mind the matter is not decided. She feels this is a very unique piece of property. She is not adverse to having this area from u.S. 1 to Riverside Drive be a city Hall complex. They have not made a decision. The Committee has come to them with generalized factors. Their first recommendation is that it be closer to the u.S. 1 corridor. Page -4- Council Regular Meeting December 4, 2000 ~ ..., Councilwoman Lichter stated this Council may not even be the ones that make that decision. This is long range planning. At some point you have to plan the ifs in case you have to have a piece of land five or eight years from now which will be three times what it is now. This is in the planning stages. They had a very diversified committee who came up with the opinion that it might be better located closer to u.s. 1 which will become the future hub of this City. That doesn't mean that is exactly what is going to happen. Ms. DelNigro asked when they will know. Councilwoman Lichter stated there was a hearing and most of the people that showed up lived on Riverside Drive. It was a public meeting and there was room at that point allover the city to come forth and express their opinion. City Manager Hooper stated there will be several steps. The Parks Board will come back and talk of this site and he will be back in front of them several times with choices. Nothing has been decided, this is just the early stages of planning. Ms. DelNigro asked when the next meeting will be. City Manager Hooper stated the next meeting will probably be when the Parks Board comes back and talks of how they envision improving the park across the street and what could go here. He is guessing January, February at the latest. Derrick Payne, 621 N. Riverside Drive, stated he attended the other meeting and expressed a lot of opinions at that time. He commented on the comment can we afford not to sell this. When people talk about getting money out of this they are talking about trying to obtain the maximum dollar. He feels it is interesting people are saying they need to build City Hall on a 15 acre lot so they can have green space. They are talking about sacrificing green space here and build it out west of town or on the u.s. 1 corridor as though having walkways through the City Hall off of u.s. 1 has more appeal to the community than a park along the river. He questioned can they afford to sell it. He feels there is no way this City will be able to recoup this kind of property in the future. Once we sell this, we are going to be priced out of the market for this kind of land. We will never be able to walk on Riverside Drive on waterfront as a City and be able to purchase a park. He feels in order to get $1 million out of this lot, they are going to have to maximize the value, such as putting up a condo. He spoke about selling out the community for money. He feels they would never be able to recoup what they would lose here. He spoke of it not being the role of the City to collect taxes. He feels the City should be providing something for the community and it would be a real shame to do anything less than provide something for the community out of this property. He feels this is a great piece of property that has all the potential in the world to be a marvelous park. He doesn't care that is a $10 per square foot parking lot. If it is done nicely, it allows access to the park across the street and it provides something for the citizens. He spoke about the City approaching him to put a sidewalk across his property. Mike Visconti, 316 pine Breeze Drive, spoke about a new city Hall and the changes, growth and progress. He feels it is the same argument as do they need SR 442 widened. It will be widened because of the growth in the City. He feels this City Hall is a good location but it is antiquated. He spoke about City Hall being a maze. Whether City Hall is built here or some place else it has to be done. Mayor Schmidt stated he was at the public hearing and the comments that were brought up were good. He brought this up months ago on the idea of forming a Committee and looking into it. There are some people in their minds that have this place torn down and a condo built here. There are other people that have a nice park with no shuffleboard courts across the street but maybe more boat ramps. He feels people need to keep their mind open. He spoke about how antiquated this building is. He thinks this would make a great park. They don't make riverside property anYmore. He wouldn't want to see a condo. He feels everyone needs to sit back and let the committees do their work. This won't happen tomorrow. Page -5- Council Regular Meeting December 4, 2000 ~ ..", Councilwoman Lichter would like to see a cracker type building. Mayor Schmidt stated they want to maximize all of their possibilities. He spoke about having to spend a little money to build a City Hall. If it comes to a point where this property doesn't get sold, he thinks the people will realize they will have to spend a little money to build a City Hall. They will have a great park depending on how much money they have and can get to put into this. This is just the beginning of the process. CITY COUNCIL REPORTS Councilman Vincenzi had nothing at this time. Councilwoman Rhodes stated since-the electricity has been eliminated along SR 442, the Christmas trees will not be put up this year. She asked if they could have a Christmas tree or make use of the lights around the fountain. Jack Corder stated tomorrow they will be putting up three or four in that general area. Councilwoman Rhodes would like to look towards next year having a big Christmas tree with a tree light ceremony. Mr. Corder stated that is a possibility. city Manager Hooper stated Council would decide that. He would like Council to tell them to look at that and put it in the budget. Councilwoman Rhodes would like to know how much it costs before they put it in the budget. He likes the idea of some decorations. Some other types of decorations get us into court situations worried about various religions. Councilwoman Rhodes feels a Christmas tree is not religious. City Manager Hooper stated he is trying to describe what they need to look at and bring a cost back. If that is the desire of council, that is what they will do. Councilwoman Rhodes feels a lighted tree is nothing more than a lighted tree. She would like some sense of community, village, town gathering. She spoke about the tree decorating at Rotary Park but she is looking at something that everyone will see when they come into Edgewater. There were a lot of favorable comments about the lights on SR 442. City Manager Hooper agreed to look at this and talk more about it. Councilwoman Rhodes stated she doesn't want to religiously exclude anybody. She is willing to put up every sYmbol of every holiday. City Manager Hooper spoke about natural lighted vegetation. City Manager Hooper again agreed to look at this and talk of how to place it in the budget. He commented on trees that will be relocated by the fountain. Mr. Corder explained they will do the lights around the fountain like the teepees that were on SR 442. Councilwoman Rhodes doesn't want to be the Council that took away the Christmas lights. Councilwoman Lichter explained all types of religions have some type of lights in their religious ceremonies. She feels to decorate with lights and make the City brighter is different. Mayor Schmidt commented on the decorations that Port Orange and South Daytona put out. Mr. Corder agreed to put together a packet with different options such as banners. Page -6- Council Regular Meeting December 4, 2000 ~ .., Mayor Schmidt feels when SR 442 is done, this discussion will come to how can they decorate SR 442. Councilwoman Rhodes stated she realizes it has to be temporary but that is no reason not to have a little something. Councilwoman Lichter spoke about Cliff Clark, the gentleman that disposed of his house because of the retention pond going in on SR 442 who relocated to Meadow Lake Subdivision. He has called her about the retention pond next to his property. Since he has moved in it has been loaded with trees that have fallen down. When he asked City Manager Hooper about it, it is a determination of who now owns the property. City Manager Hooper stated the lawsuit is over and the City has been declared the winner. The property is in the hands of the Homeowners Association. They have asked in the past some items from the city and they have told them as soon as somebody declares the ownership we would work with them and that has just occurred. Our next step is to sit down and talk of retention as well as a sidewalk. Councilwoman Lichter asked if the Homeowners Association is now responsible for that pond. Legal Assistant Matusick explained in the final judgement they own the portion described as Parcel A which also includes the surface water retainage ponds and utility and drainage easements. It all reverts to the Homeowners Association. City Manager Hooper explained in years past it has been the practice of previous City Councils and staff if someone had a pond and they wanted it cleaned, the City sent people in to clean it once and then turned it over to the Homeowners Association. Councilwoman Lichter commented on the Adopt a Street program. Their committee is going to organizations, such as the Boy Scouts, Girl Scouts, churches, and other groups and these groups are slowly getting the message that they may adopt a street in the city. So far six persons or organizations have signed the contract. They are going to list these people and organizations in the City newsletter. She stated Ms. Keller has the forms. The Browns, Burger King and herself have signed up. Councilwoman Lichter stated February 17th, Clean Scene Day, is different. This is a one shot deal where they will be getting lots of people that will clean up areas that really need it. Councilman Brown commented on the rules and regulations and feels there is a conflict between those laws and our City laws on what is trash and what is litter. He asked how they are going to resolve that. Councilwoman Lichter stated she asked for the State Statutes which Legal Assistant Matusick gave her so her members could take a look at that. She was thinking of a warning being given to people that throw litter out of their car. The State is specific and mention a $50 fine period. They are just looking at that to see if there is more things the City can actively get involved in like putting up signs and how the City can help. When there is a difference between State laws and city laws, State statutes supercede in all cases. Councilman Brown spoke about the last year on the Council being a wonderful year for him. He thanked all the citizenry for the support they have given to the City Council. He feels they are doing an excellent job for this City. Councilman Brown asked for a bicycle rack at the YMCA. Page -7- Council Regular Meeting December 4, 2000 .... .", Mayor Schmidt stated one of the teachers at Indian River Elementary called him because they had their water shut off. The Postal Service had found some of the mail from Juniper, Lime Tree, Kumquat, India Palm and Hibiscus in someone's house in Daytona. Some of it happened to be around water bill times. They got charged the shut off fee and he asked them to bring them a letter from the Postal Service to make sure about it. He stated City Manager Hooper said if anyone had their water shut off to contact City Hall. He doesn't think it is right to charge the reconnect fee. City Manager Hooper stated they have the streets and certain blocks that were affected. It totals 46 accounts that were shut off for non-paYment. They can contact Finance Director Michele Goins and they are going to waive the reconnect fee. Mayor Schmidt presented an update on the MPO. They updated their 2020 list, their long range forecast for what can be built and worked on. There was a little bit of time when SR 442 was going to be taken off. He made a plea at the last meeting and it will stay on the unfunded list. There could be some engineering, some planning money coming up but more importantly keeping it on the list keeps it available and keeps it in the pUblic's eye when they try to find grants. Mayor Schmidt commented on a subgroup of the MPO, the citizens Advisory Committee. Our representative, Mr. Gillespie, made the first meeting but went through some severe health problems. He has missed the last seven meetings and they are trying to find a replacement. He feels it is important to have someone on these groups that is going to be vocal for us. He sent a letter to the MPO asking to stay on but to his knowledge his health isn't any better. He would like to keep him on if he was able to. He is looking for support from Council. When he finds someone else, he wants to get them appointed to it and get them going in January just to keep our voice heard. Councilwoman Lichter stated he is also on the Economic Development Board. She is having great trouble with what Mayor Schmidt said. She knows the gentleman and his wife personally and he is very sick at this moment and his hope and one of the things helping him stay equal keel is his positions on these boards. She wondered if there couldn't be some kind of compromise made of getting somebody in there interim so we are heard and then if Mr. Gillespie regains his health then he could step back on. Mayor Schmidt stated he didn't see a problem with that but commented on the attendance criteria and they need to get someone on it. When his health improves he has no problem seeing when it is back up to be reappointed he doesn't have a problem with reappointing him. He picked him to begin with but on the other hand he doesn't want to short change us. city Manager Hooper asked if Mayor Schmidt if he wanted staff to contact him to see how he is feeling. Mayor Schmidt would like to know how he is doing and let him know he is still behind him but he needs someone there that can attend. He needs someone there that looks for our interest and when his health is better he doesn't have a problem with him going back but he thinks they need to appoint someone. Councilwoman Rhodes stated interim. Councilwoman Lichter asked if they could say interim. She feels that would help him mentally. Mayor Schmidt spoke about the tentative January 11th joint meeting. He asked if there is a way that they could spend a little time on a few things they might want to talk about so they have some idea of what they want to approach them with. City Manager Hooper agreed to agenda it for December 18th and he would send it to the Chamber. Page -8- Council Regular Meeting December 4, 2000 ~ """ City Manager Hoper stated Oak Hill is going on a tour with the County looking at a sewer plant and looking at the sewer plant being built. He has been asked to attend that as well as the Council. It is the same day as the parade. He is going to go with them because there are three new Oak Hill commission members that he would like to meet. He feels it would be good for them to have a representative there. Mayor Schmidt commented on the speed limit on U.S. 1. He stated people are not slowing down and they don't see a lot of the police. City Manager Hooper stated the number of tickets have gone up because they are enforcing more. One of their grant applications is one of those Smart Signs which tells you how fast you are going. They are going to purchase that in the next 60 days. He asked if they have heard from DOT. City Manager Hooper informed him they have not heard from DOT. He calls them once a week and they are working on it. Councilwoman Rhodes suggested parking a police car. Mayor Schmidt stated there was another accident the other day at Roberts Road and U.S. #1. Councilwoman Lichter feels they don't know it isn't County. She stated in Oak Hill you crawl and there is nothing around compared to what is here. She spoke about having a 55 mph speed limit sign right next to where it says slow down school zone at the corner of Roberts Road and U.S. #1. She feels they have to come and see it. There was a ten-minute recess at this time. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. 1st Readinq. Ord. No. 2000-0-34. John S. Massey. authorized aqent for Massey Enterorises. Inc.. seekinq rezoning of aooroximatelY 7.17 acres of orooerty located at 635 Airoark Road. from County A-2. Rural Aqricultural to City I-I. Light Industrial Planning Director Lynne Plaskett made a staff presentation. The Planning-& Zoning Board voted unanimously to forward a favorable recommendation to the City Council. Mr. Massey couldn't attend this evening. City Manager Hooper stated it has been annexed and has a developer agreement. This is more paperwork to bring it in the City and change the zoning. Mayor Schmidt asked about when the County does their work on the road. City Manager Hooper showed Council on the map where the road will be realigned and the area that will be increased. It will change the zoning at a later date. The County is agreeing to realign the road and they are paying that road within the next two months to the south of us. There was a discussion where the A-2 Rural Agricultural area is and what is there. Councilwoman Lichter stated there is no water or anything in there that it shouldn't become more dense. Ms. Plaskett explained once the utilities are put in place, Mr. Massey will not expand the fixed based operation until those become available to him and that is part of the State's requirements for concurrency. City Manager Hooper stated that is underway. The water and sewer lines, the Council has agreed and contracted and awarded that so it is happening. Councilwoman Lichter asked about him asking for light industry. Ms. Plaskett explained under the County's future land use map they have it designated as public semi-public and airports and accessory uses to airports are a permitted use. Page -9- Council Regular Meeting December 4, 2000 ~ ...", Legal Assistant Matusick read Ord. 2000-0-34. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Rhodes made a motion to approve Ord. 2000-0-34, second by Councilman Brown. The motion CARRIED 5-0. B. Res. No. 2000-R-16. establishina Rules and Reaulations alona with the Code of Conduct for athletic proarams sponsored bv the citv Parks and Recreation Director Jack Corder made a staff presentation. They already enforce the rules and regulations and the Code of Conduct but this is more of a matter of Council supporting this. Mayor Schmidt asked if when parents and kids sign up if they get a copy of the rules and regulations. Mr. Corder informed him yes. Councilwoman Rhodes asked if they have to sign that they have read and understand these rules. Mr. Corder informed her no, they give them a list of the rules and regulations and Code of Conduct. Councilwoman Rhodes asked if it would reduce our liability if they have them sign that they read and understand the rules. City Manager Hooper stated they can incorporate that. Mr. Corder explained the coaches actually have to fill out an application for coaching which they screen to make sure they are legal. The umpires do also. The parents have to sign a waiver form for their children to playa sport. Mayor Schmidt asked if this applies to indoor and outdoor sports. Mr. Corder informed him yes. Legal Assistant Matusick read Res. 2000-R-16. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter made a motion to approve Res. 2000-R-16, second by Councilwoman Rhodes. The motion CARRIED 5-0. C. Res. No. 2000-R-18. amendina sections of the Personnel Policy and Procedures Manual City Manager Hooper made a staff presentation due to Personnel Director Debby Sigler being out sick regarding three areas that needed to be modified including the Personnel Advisory Board, probation and use of City property. City Manager Hooper and Ms. Sigler recommend approval. Legal Assistant Matusick read Res. 2000-R-18. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Brown made a motion to approve Res. 2000-R-18, second by Councilwoman Lichter. D. Res. No. 2000-R-19. authorizina the citv to enter into a stipulations of Parties for the Openina of a Hiahwav Railroad Grade Crossina for Manao Tree Drive Page -10- Council Regular Meeting December 4, 2000 .., ..." E. Res. No. 2000-R-20. authorizina the city to enter into a StiDulation of Parties for the ODenina of a Hiahway Railroad Crossing for Dale street city Manager Hooper made a staff presentation regarding Res. 2000-R-19 and 2000-R-20. Legal Assistant Matusick read Res. 2000-R-19 and 2000-R-20. Mayor Schmidt opened the pUblic hearing. Derrick Payne asked what railroad is this. City manager Hooper explained it is short of being abandoned, it's not in use. It is railroad owned right-of-way parallel to Park Avenue. Mayor Schmidt closed the public hearing. Councilwoman Lichter made a motion to approve 2000-R-19 and 2000- R-20, second by Councilwoman Rhodes. The motion CARRIED 5-0. CONSENT AGENDA There were no items to be discussed on the Consent Agenda at this time. OTHER BUSINESS There were no items to be discussed under other Business at this time. OFFICER REPORTS Deputy City Clerk Bloomer had nothing at this time. Legal Assistant Matusick informed Council they already had the final judgement regarding Meadow Lake. city Manaaer HOODer A. Harold GalloD requestina city Council reconsider termination of contract for the placement of convenience benches City Manager Hooper informed Council the company was notified to remove the benches. Mr. Gallop came in and asked to be able to reapproach the Council. He is Offering to care for our 20 benches and he wants some level of advertising. He wants to come before Council and describe where they would be and a reduced number of benches and an increased aesthetic. City Manager Hooper doesn't have a problem with what he is describing but he would like him to come back and tell Council if they are interested in hearing it, otherwise the benches have been noticed to leave. Councilwoman Rhodes stated he is also going to give twenty benches with no advertising. City Manager Hooper stated they have purchased those benches already. He will put them up for us and care for them. If the Council wants him to give them 20 more he will do that too. Councilman Vincenzi asked if they will be the same type of benches. City Manager Hooper stated he is agreeing to do about anything the Council wants. Council agreed to have Mr. Gallop come and speak to them. city Manager Hooper agreed to agenda this and bring it back. He will tell Mr. Gallop to bring an aesthetic Showing of what they will be like at the December 18th meeting. Page -11- council Regular Meeting December 4, 2000 '-' ...., B. Southeast Volusia Humane Society Update City Manager Hooper presented a brief history of the Humane society agreement. He went over the changes made by the Humane society to the agreement done by the City. There was a brief discussion regarding the Humane Society selling animals and their service fees. City Manager Hooper feels the City of Edgewater should be paying the same fees as other cities. He sent a letter to the Humane society letting them know he is disappointed because he thought they had consensus on a number of items and now it is pretty much back to where it started. They are going to meet on Friday to see if they can have some resolution. City Manager Hooper informed Council of some other choices they have if this does not work. Councilwoman Lichter spoke about attending four meetings for the Humane Society and working on their fund raisers. She would like to have internal changes happen with the Humane Society so they can continue in the same vein. She spoke about having a responsibility to the taxpayers in this community and the animals. Councilwoman Rhodes agreed. Councilman Vincenzi stated his impression of Mr. Schlemmer when he was here a few months ago is that he is a very arrogant individual. He would like to start researching alternatives. City Manager Hooper stated he placed this on the agenda so Council would know where we are headed. He is continuing to negotiate but exploring other options. Councilwoman Lichter stated the Board of Directors that she is on do not see a contract like this. It doesn't come back to them. She spoke about making an internal change with by-laws changes. You work on something and try to fix it but when you get to the point where you can not fix it, then they have to switch their options. C. Chanae Council meetinas of Januarv 1. 2001 (New Year's Day) and Januarv 15. 2001 (Martin Luther Kina Jr. Day) to the ath and 22nd City Manager Hooper suggested Council change the January 1st and January 15th meeting dates due to holidays to January at)) and January 22nd. City Manager Hooper spoke about Mr. Bruelly who owns a house and next to it is a rental piece of property and the account, water meter was in his name and his tenants wound up going around the meter and taking a lot of water, approximately $1,400 worth. City Manager Hooper has described to him it is not the City's problem at this point. He is trying to get his water turned back on and has threatened lawsuits. He feels the real issue is the State Attorney's involvement because he has pressed charges against the tenant and the City has pressed charges against the tenant. He still has to pay his water bill to get his service turned back on. If they recover money, that will give credit back to him. Mayor Schmidt asked City Manager Hooper to elaborate on the cable negotiations going on. City Manager Hooper explained at this point we are six months behind Port Orange and New Smyrna Beach. City Manager Frank Roberts of New Smyrna has kept him informed on what is going on. We are getting the legislation and they have hired a consultant to review. It has come down to they want a television network so they can broadcast their Council meetings. Page -12- Council Regular Meeting December 4, 2000 W' ,..", City Manager Hooper further explained they are after a shorter contract so they can come back as technology changes and agree to do something different three to five years and Time Warner is wanting fifteen years. They have come to see us and at this point he has told them to draft an agreement and send him what they would propose. We are at that point. When he gets that draft he will be coming back to Council. The technology they have offered is old technology. CITIZEN COMMENTS/CORRESPONDENCE Mike Visconti, 316 pine Breeze Drive, commented on Meadow Lake having the deed for Parcel A. They would like Council to consider building a road from 28th to 30th street to cut down on traffic. They would like to present to Council whatever piece of land they need along Whistle stop Park to build this road. Mr. Visconti spoke about the two retention ponds in Meadow Lake. Parcel A is mostly wooded area and swamp lands. He feels it would be good for the City and Whistle stop park and the Meadow Lake Homeowners Association for the Council to consider this. They would be more than happy to work with the City. Councilwoman Lichter asked Mr. Visconti if he is on the Homeowners Board. Mr. Visconti stated he is talking for Dan stoup who is on the Board. Councilwoman Lichter asked if he is the President. She feels they need some kind of formal request to make that more official. Mr. Visconti stated they have a meeting December 28th at 6:30 p.m. at the Library. city Manager Hooper agreed to attend the meeting on December 28th and maybe have a plat to see what he is talking of so they can have a better understanding. Councilwoman Lichter spoke about them also wanting a sidewalk on Roberts Road. She would also like to find out where they are talking about for the sidewalk. Mayor Schmidt asked if they were waiting on the deed for the sidewalk part of it. City Manager Hooper informed him yes. Donna Wagner, 2922 Unity Tree Drive, Animal Control Board member and Humane Society Board member. Until last Tuesday night, she knew nothing about the agreement. She has some real problems with what Mr. Schlemmer has eradicated. She feels some of the things he is taking out are the welfare for the animals. Most every other humane society in this County provide minimum vaccinations. They asked City Manager Hooper at the last meeting if he would like to attend the Humane society Board meeting. They are going to try and get it on the agenda and try and have the board know. Councilwoman Lichter stated Ms. Wagner also works for a veterinarian. Ms. Wagner stated she has been doing it for over twenty years. Mayor Schmidt asked Ms. Wagner if she has ever thought about opening her own shelter. Ms. Wagner stated yes. She has managed 150 dog boarding kennel as well as 75 cats. She stated they have a problem and they know they need to work it out. Some of them are trying. Karen Mason, 1847 Coco Palm Drive, Humane society Board member, stated she was unaware of the contract. She was there when the proposals were discussed and she agreed with everything they asked for. There are Board members that do agree and fully want more care for these animals. As it stands right now, they have not seen or discussed a contract. Page -13- Council Regular Meeting December 4, 2000 .." ., Councilwoman Rhodes asked why they have never seen a contract. Ms. Mason stated because it was never brought up for discussion or put on any agenda at Board meetings. City Manager Hooper stated because the by-laws don't require their President to bring it back to the Board. Joan Logan, 1960 Fern Palm Drive, stated their by-laws are very broad. The reason the Board would never see a contract is because it has never been done that way. Mr. Schlemmer controls everything that goes on out there and most of the Board goes along with him, unfortunately. In the new contract that was worked out she was very glad to see the increase of hours and increase in vaccinations. If they are open more hours they have more chance of adopting out animals. Their adoption ratio is horrendous. Ms. Logan stated if you adopt out an animal for a donation, it is not a set fee. If you set a fee, you are selling an animal. State law requires if you sell an animal in the State of Florida that you have a health certificate. Legal Assistant Matusick stated State Statutes stipulate that Humane Societies are exempt from that requirement. Councilwoman Lichter stated the National Humane society by-laws are more humane and have as one of the first requirements that animals get placed, not killed. She feels that is vital. She believes 'they may also have something about the health of the animal. The National by-laws are more with the 21st century. Ms. Mason feels there needs to be an accountability where these animals are going and what foster programs and rescue groups are being used. Robin Hendricks, 113 Carol Ann Drive, Chairman, Animal Control Board, stated Friday evening she spoke to Mr. Schlemmer regarding getting this new contract on the agenda for the next Humane Society Board meeting. He was not at all amenable to that and didn't want anything to do with it. He was very irate that they were even brought into it. He was extremely rude on the phone and wants no interaction at all. He said he is going to run his Humane Society the way he sees fit. She feels these things need to be addressed and they need to work together to get it together. She stated they can always find alternatives to any situation. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes made a motion to adjourn. The meeting adjourned at 9:22 p.m. Minutes submitted by: Lisa Bloomer Page -14- Council Regular Meeting December 4, 2000