08-07-2000 - Regular
y ~
CITY COUNCIL OF EDGEWATER
REGULAR MEETING
AUGUST 7, 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
Police Chief Lawrence Schumaker
Legal Assistant Robin Matusick
Lieutenant Bill Britain
Present
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. Reqular Meeting of July 10. 2000
B. Reqular Meetinq of Julv 24. 2000
Councilwoman Lichter moved to approve the July 10th and July 24th
minutes, second by Councilwoman Rhodes. The motion CARRIED 5-0.
PRESENTATIONS/PROCLAMATIONS/PLAOUES/CERTIFICATES/DONATIONS
Mayor Schmidt read a proclamation regarding World War II Memorial
Month.
CITIZEN COMMENTS
Mike Visconti, 316 Pine Breeze Drive, thanked the Mayor and
Council for the proclamation. He informed Council what people
will get for their donations. He asked Council for a donation.
He asked for permission from the Council to erect their sign on
u.S. #1 and S.R. 442 for the month of August. He commented on
some local businesses that are supporting the World War II
Memorial Fund.
Councilwoman Lichter stated she contributed before it became an
active campaign. She would be for a reasonable donation. She
thinks it is a neglected Veterans group. She feels Council
should consider a sum that City Manager Hooper thinks they can
afford at this time.
City Manager Hooper informed Council they also have to address
the sign going on public property. Traditionally, the city does
not allow any type of signs to go up in public right-of-way.
Councilwoman Lichter feels if that would be prohibited and if it
would open a can of worms, they could talk about bumper stickers.
Councilwoman Rhodes mentioned asking the businesses in that area.
He is sure if he asked them they would allow them to put it on
their property.
"""
'W/I
councilman Brown suggested putting the sign in front of city
Hall. He was informed City Hall is public property. City
Manager Hooper suggested putting it on private property.
Councilwoman Lichter would like to give it some thought.
City Manager Hooper agreed to place this on the next agenda.
Councilwoman Rhodes spoke about contributing to other private,
good causes that they deem to be deserving. She doesn't see why
this isn't one of those issues. City Manager Hooper explained
right now they have an allocation of money for public
contributions that is now down to zero.
CITY COUNCIL REPORTS
Councilman Brown had nothing at this time.
Councilman Vincenzi commented on the temporary streets signs. He
doesn't care for them. He feels the fact that they are
illuminated looks nice at night. He thinks there is too much
advertising already around town. He isn't looking at them
favorably right now. He asked about their probationary period.
City Manager Hooper stated he believes it was a six month period.
They were going to look at them and see if they are used. After
that time period, Council will come back and make a decision if
they like them or not.
Councilwoman Lichter agreed and feels elderly people can not read
them.
Councilman Vincenzi feels if they decide they like that kind of
sign in the future, they could look at putting them in ourselves.
Councilwoman Rhodes would like to hear more from the public on
what they think.
Mayor Schmidt had nothing at this time.
Councilwoman Rhodes had nothing at this time.
Councilwoman Lichter spoke about the kick-off for the Adopt-A-
Street tentatively being set for October 28th. She spoke to Jill
Geddy from the chamber she suggested they have as part of the
Chamber an Edgewater Little Prevention group. She has put
together a list of people that are very interested in the litter
problem. If anybody else is interested in litter prevention on a
yearly basis, they are going to be having their organization
meeting in city Hall on August 16th from 12:00 to 1:00 p.m.
Councilwoman Lichter spoke about the Southeast Volusia Humane
Society. She spoke to City Manager Hooper way back before the
budget was finished about some concerns that constituents were
calling her about the Humane Society. They were Edgewater
members of the Humane Society. Their complaints were not all
relevant to City Council business. She spoke to City Manager
Hooper about the money aspect of this. She briefly spoke about
some of the complaints. No cruelty was involved. city Manager
Hooper sent them a letter requesting an audit. We have not
gotten an answer as of today. The City received a letter on July
31st from the Humane Society. They are saying they are having
money problems and can no longer come and pick up animals in
Edgewater and New Smyrna that have been hit by cars and are lying
in the street and that our officers, or whoever would take on
that responsibility would have to bring them to the Humane
Society. The present set up has been such for a good many years.
She feels they should be written another letter saying they are
quite concerned and are asking clearly for an audit. A bit
firmer and not so polite as the first step.
Page -2-
Council Regular Meeting
August 7, 2000
'-w'
..."",
Mayor Schmidt asked if the Humane Society comes under the County.
City Manager Hooper explained they are private. He commented on
the two letters he sent. He commented on conversations he has
had with the County with regard to whether the City is interested
in a shared animal control facility that is run by the County.
City Manager Hooper stated step one was to ask how many are
Edgewater animals and the cost per animal. The last contract
they could find was a renewal about seven years ago. There
hasn't been a contract in a number of years but there has been an
escalator in price up until the last year. They are waiting to
hear back on that.
Mayor Schmidt asked how they pick their board. City Manager
Hooper explained how their board members are selected. He spoke
of the staff at the Humane Society.
Councilwoman Lichter informed Council she has spoken to Edgewater
members as well as New Smyrna Beach members. She expressed
concern with the Humane Society not having a veterinarian to
check animals. Friends of hers have taken home sick animals.
She feels they need to find out about the money.
Mayor Schmidt asked how much is given to the Humane Society.
City Manager Hooper stated $32,000. Lt. Britain stated he
believes it is $27,000. Mayor Schmidt asked if it would be not
worth it for them to request to them that they come here so they
can talk.
City Manager Hooper suggested that could be a step two. Let them
send that information. He will look over the numbers and give
Council the facts and figures. If they are unhappy with what
they see, then have them come in. Finance Director Michele Goins
stated she believes the budgeted amount is $1,500 per month.
Councilwoman Lichter feels they should demand the financial
information. She asked City Manager Hooper to write another
letter with stronger language.
Councilman Vincenzi asked when the contract comes up for renewal.
City Manager Hooper stated they can't find a contract. The last
one was eight years ago.
City Manager Hooper stated the County pays on the number of
animals they deliver. Ours appears to be a flat rate. He is
finding differences with other cities. He would like to make
them consistent or find out why if they aren't consistent.
Mayor Schmidt asked to get a copy of what New Smyrna does. City
Manager Hooper stated they are the same as us.
Councilwoman Lichter spoke about giving to the Humane Society
herself as well as other people she knows that give. Where is
this money?
Councilwoman Lichter stated they should have a financial report.
City Manager Hooper explained they are required to have an audit.
Councilwoman Lichter feels they should have a monthly financial
report that is available to all of the members. Councilwoman
Rhodes questioned if they had that. City Manager Hooper stated
they haven't supplied it. He is not sure what authority Council
has to request it.
It was the consensus of Council to write a letter based on
Council's request to find out more information. He agreed to get
a copy of New Smyrna's letter from Frank Roberts. They have
asked for all other cities that contract with them a copy from
the Humane Society.
Page -3-
Council Regular Meeting
August 7, 2000
'-'
..""
PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. 2nd Reading. Ord. No. 2000-0-15. Amending and restatina a
portion of Chapter 10 (Health and Sanitation) Article V (Weeds.
Grass and Brush: Standards for Property Maintenance)
City Manager Hooper made a staff presentation.
Legal Assistant Matusick read Ord. 2000-0-15.
Mayor Schmidt opened the public hearing.
Mrs. Westcott, representing Delbert & Robert Westcott, Unity Tree
Drive, objected to the ordinance. She feels it is ridiculous
that 20 feet on each side of the property plus the back has to be
taken down. If they do that, it is going to look like a mohawk.
They can not afford to do this, due to being retired. She asked
for Council to think about this.
Councilwoman Lichter feels Fire Chief Barlow should explain,
after all comments are made, where this came from and the
necessity in terms of brush fires.
Andy Anderson, Pine Tree Drive, stated the property adjacent to
his has never been cut. He feels this needs to be addressed. He
would like to see this property trimmed back twenty feet.
Mr. Anderson stated there is a lot at 1802 pine Tree Drive that
has not been cut. The grass is three feet high. He understands
the ordinance to be one foot. Anything over a foot is supposed
to be cut by the City and billed to the property owner. That has
not been done.
Linda stevens, 3214 Silver Palm Drive, has a lot adjacent to them
that is untrimmed. She spoke about most of the people being
cited living out of state. She would not buy a lot that has a
mohawk look to it. She feels that devaluates your property and
the upkeep is tremendous. They don't have the money to clear
their lot so they have been trying to do it themselves. She has
already had to go over it two times. They have a lot of wildlife
such as gopher tortoises as well as the endangered scrub jays and
she doesn't know that it is legal to take their habitat down.
She feels the main problem isn't so much the empty lots but from
the woods behind them. She stated it was in the newspaper after
the fires that they were going to come by and do a controlled
burn and that has not happened. There is one fire break that
comes in on 32nd and goes back up toward 30th Street. There is
nothing from 32nd down. She wondered why on 34th Street they took
the overpass over the canal completely out. The fire trucks
could not even get in down there. She feels there should be more
paved cross streets on Silver Palm Drive in case there is a fire,
so people could evacuate or trucks could get in easier. She
feels that needs to be addressed more than these lots.
Ms. Stevens asked what exactly, or who, or where is this Volusia
County Wildland Urban Interface Wildfire Hazard Assessment Guide.
City Manager Hooper explained it is a book. Fire Chief Barlow
had one available. City Manager Hooper explained it is a matrix
in how you go out and evaluate property. He further explained
the process they have used. They are in the process of
evaluating the second section of Florida Shores and those notices
will be going out in the next week or two.
Ms. Stevens stated a house comes up within ten feet of your lot
line. If she had a house on that property she wouldn't have to
clear more than ten feet from the house to the lot line, why
would she have to clear 20 feet on an empty lot.
Page -4-
Council Regular Meeting
August 7, 2000
......
"""""
City Manager Hooper spoke about there being approximately 2,000-
3,000 vacant lots in Florida Shores with some being grouped
together and this creating a hazard.
Ms. Stevens again stated the real fire danger is the woods behind
them and she would like to see more access and more firebreaks
back there as well as a controlled burn. Mayor Schmidt asked if
that was County. City Manager Hooper informed him yes, that is
not our property.
Fire Chief Barlow commented on the assessment they are doing on
all of the vacant properties. He also expressed concern
re&arding the property west of Silver Palm Drive and south of
35t Street. He spoke about this property being out of our
jurisdiction.
Councilwoman Lichter suggested writing a letter to County
Councilman Jim Ward to let him know there is a problem on Silver
Palm Drive. He may be able to do something.
Councilwoman Lichter spoke about this issue when she served on
the prior City Council.
Councilwoman Rhodes stated Fire Chief Barlow and City Manager
Hooper and everyone else who has looked into this has devised
this as the best plan to protect the property of the citizens.
Councilwoman Lichter asked if that is to be kept in that
condition twelve months of the year or when there is potential
high risk of fire. Fire Chief Barlow explained once it is
cleared or has vegetation removed it can not grow over three
feet. On an improved lot it is twelve inches, on an unimproved
lot it is three feet.
Ms. Stevens feels that is a big problem. She feels bad for the
people that live out of state. They have been trying to clear
their lot and already twice she has had to go back.
Councilwoman Lichter spoke about this also affecting the
insurance rates in the city.
Mayor Schmidt suggested if she would like more information, she
and Mr. Barlow could get together and for the City to also
contact the County to see where they want to stand on it. City
Manager Hooper informed Ms. Stevens if she is in the process of
clearing a lot she could speak to Lt. Britain who can work out a
schedule with her. Lt. Britain informed her to get in touch with
Mike McGrath.
Andy Anderson, pine Tree Drive, stated the nearest hydrant to his
house is over on the next street. He asked how the hydrants are
in this town and when are we going to get some more. Chief
Barlow stated Mr. Wadsworth on an annual basis is adding several
new hydrants. There are individuals that maintain them and flush
them once a year.
utilities Director Terry Wadsworth explained they do 24 - 30 new
hydrants per year. When other projects, contractors have to come
in and add new hydrants throughout the city. There are probably
30 - 40 per year added to the system. Because of the way the
water grid is set up in Florida Shores, it is impossible to have
a hydrant at every intersection unless you added a tremendous
amount of additional pipe. It is set up so every other
intersection will have a hydrant going north and south. It would
cost millions of dollars to go ahead and put additional
infrastructure in to have a hydrant at every intersection.
Page -5-
Council Regular Meeting
August 7, 2000
'-'
....,
Mayor Schmidt closed the public hearing.
Councilman Vincenzi made a motion to approve Ord. 2000-0-15,
second by Councilwoman Lichter. The motion CARRIED 5-0.
B. 2nd Reading. Ord. No. 2000-0-16. Amending section 11-34 (Bodv
Art Code) and Interlocal Aqreement with the Volusia County Health
Department
city Manager Hooper made a staff presentation.
Legal Assistant Matusick read Ord. 2000-0-16.
Mayor Schmidt opened the public hearing. Due to there being no
further comment, Mayor Schmidt closed the public hearing.
Councilman Brown made a motion to approve Ord. 2000-0-16, second
by Councilwoman Rhodes. The motion CARRIED 5-0.
C. 1st Readinq. Ord. No. 2000-0-17. Amendinq Chapter 2
(Administration) bv Repealinq Article IV (Self-Insurance Fund).
sections 2-61 throuqh 2-75 in their entirety.
City Manager Hooper made a staff presentation. This is not cost
effective for a city of our size.
Councilwoman Lichter stated she understands what they are
eliminating but what are they going to get, a private insurance
company. city Manager Hooper explained the City has had private
insurance since 1996.
Legal Assistant Matusick read Ord. 2000-0-17.
Councilwoman Lichter made a motion to approve Ord. 2000-0-17,
second by Councilwoman Rhodes. The motion CARRIED 5-0.
CONSENT AGENDA
There were no items to be discussed on the Consent Agenda.
OTHER BUSINESS
A. Recvclinq Aqreement - staff recommendinq approval to extend
the current aqreement for a second two-year term with Southard
Enterprises. Inc. ($1.62 per residential unit per month)
City Manager Hooper stated the cost has changed to $1.55 since
the agenda was put together. He feels the service has been
excellent. The recommendation is to renew the contract for the
second term.
Duke Southard, 1604 Sabal Palm Drive, was available to answer any
questions. This is their tenth year with the City. The City is
very high on participation. Our tonnage is about 32% of the
garbage.
Councilwoman Lichter mentioned in the past concerns of Southard's
making money on the materials they get from us as well as having
to pay for the service. They were informed the money is for
operation. Mr. Southard explained what the City pays him is what
it costs to pick up the recycling. He further commented on the
expenses involved with recycling.
Page -6-
Council Regular Meeting
August 7, 2000
~
~
...",
Mr. Southard explained they matched the price of $1.55 that New
Smyrna is paying. He explained why Edgewater takes more to
recycle than New Smyrna. He spoke about no longer wanting to
recycle green glass due to the expense of getting rid of it. He
also spoke about recycling phone books.
Councilman Vincenzi moved for approval, second by Councilwoman
Lichter. The motion CARRIED 5-0.
There was a five-minute recess at this time.
B. Form a Committee - appoint members and set time frame to
study and brinq back to Council recommendations for a future site
for city Hall
city Manager Hooper made a staff presentation regarding
establishing a Committee to chose a future site for City Hall.
He recommended Council take off the City employees with the
exception of Susan Wadsworth. He also suggested Council keep the
Committee between five and seven members, an odd number would be
helpful.
Once the City employees were removed, there were nine people
left.
Councilwoman Lichter appointed Christopher Balmer. Councilman
Vincenzi appointed Michael visconti. Councilman Brown appointed
JoAnne Sikes. Mayor Schmidt appointed Susan Wadsworth.
Councilwoman Rhodes appointed Matthew Negedly. Councilwoman
Lichter appointed Mike Tanksley. Councilman vincenzi appointed
Ferd Heeb.
City Manager Hooper explained the Committee will pick general
areas in the City for a location.
Councilman Vincenzi stated this Committee will not be spending
any money, they will be investigating.
Mayor Schmidt asked it is a good idea to talk to the cities that
have recently built a City Hall. City Manager Hooper stated they
can do that but you can also go a step further and acquire the
plans. By doing this, you save 60% to 70% of the architectural
engineering fees. They will look at some of that once a site is
picked out.
Councilwoman Rhodes moved to approve the seven member committee,
second by Councilwoman Lichter.
Councilwoman Lichter stated in Mr. Hooper's original plan, there
was thought of an engineer or a realtor. She feels there may be
a time they need an engineer, possibly in the form of Mr. Hooper,
that might be able to fill in that void. City Manager Hooper
agreed to do that.
The motion CARRIED 5-0.
C. settinq Fees for Copies of Chapter 21 of the Land Development
Code - recommendinq a $25 fee for purchase of a hard COpy or CD.
City Manager Hooper made a staff presentation. Councilman
Vincenzi suggested putting it on the web to download. City
Manager Hooper stated he thinks they are headed there.
Councilwoman Lichter moved for approval, second by Councilman
Brown. The motion CARRIED 5-0.
Page -7-
Council Regular Meeting
August 7, 2000
~
"<ttttlI
OFFICER REPORTS
City Clerk Wadsworth had nothing at this time.
Legal Assistant Matusick had nothing at this time.
City Manager Hooper informed Council they have a grant for
$202,000 from the Water Management District to place money into
the reclaimed system. They need authorization for the Mayor or
himself to sign and execute this agreement.
Councilwoman Lichter asked if Mr. Wadsworth got this or the new
person on board. City Manager Hooper explained Mr. Wadsworth
made the application through PEC Engineering.
Councilwoman Rhodes moved for approval, second by Councilman
Vincenzi. The motion CARRIED 5-0.
City Manager Hooper asked for Council direction. They currently
have in our recreation concession stands two part-time people.
He and Mr. Corder are proposing they go out and have volunteers
run those so it is not a City function. He asked if Council is
acceptable with this idea.
Councilwoman Rhodes commented on the way this is done at the
Speedway. City Manager Hooper further commented on the way this
would work. This would be cost effective.
Councilwoman Rhodes suggested that it always be a local volunteer
group.
It was the consensus of Council to bring this back.
CITIZEN COMMENTS/CORRESPONDENCE
Andy Anderson, pine Tree Drive, spoke on recycling. He feels it
seems strange they are paying to have their recyclables picked
up. He commented on how he feels things have changed over the
years.
ADJOURNMENT
There being no further business to discuss, Councilwoman Rhodes
moved to adjourn. The meeting adjourned at 8:46 p.m.
Minutes submitted by:
Lisa Bloomer
Page -8-
Council Regular Meeting
August 7, 2000