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08-21-2000 - Regular '-' .." CITY COUNCIL OF EDGEWATER REGULAR KEETING AUGUST 21, 2000 7:00 P.K. COHMUNITY 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 Present Present Present Present Present Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. APPROVAL OF MINUTES A. Regular Meetinq of Auqust 7. 2000 Councilwoman Lichter moved for approval, second by Councilwoman Rhodes. The motion CARRIED 5-0. PRESENTATIONS I PROCLAMATIONS IPLAQUES/CERTIFICATES I DONATION S A. 8th qrade student Anthonv Lewis to present iournal of his travels through Britain and Ireland Mr. Lewis made a presentation of what he saw while he was in Britain and Ireland and what he did. CITIZEN COHMENTS Dominic Capria, 606 Topside Circle, spoke about the water rates being charged to the County as well as the City. He is embarrassed that we can sell water to the County and the County sell our water for less than we in Edgewater are paying for it. He asked Council to look into this and see what can be done about it. It's not a lot of money but it is the principle involved. city Manager Hooper spoke about having to maintaining the water lines, the water meters, they have to read the meters, buy the computers that do the bills and the clerks that take the money in in the city. When they sell to the County, they meet at a spot and the water past that is up to them. He further commented on how the County does it. Mr. Capria stated when they made the agreement for the sewer system, the lines were run down there for this, which they gave us $300,00 which we have to pay $100,000 plus 1 ~% interest every year to pay back to the County. City Manager Hooper informed him he is not correct. He agreed to go over the agreement with him regarding the details. There is no rebate or paYment back to the County or interest on any of that. The County bought water capacity and they pay a per gallon fee. The more they use, that is a steady amount. The city has a conservation rate, the more you use the more you pay. There is no return to buy. They are buying some sewer capacity from the County. '-" ..., Mr. capria would be very interested in this and would like to meet with City Manager Hooper. Mike Visconti, 316 pine Breeze Drive, went this morning and picked up their magazine. article in there regarding the Park Avenue Councilwoman Lichter informed her they get agreed to take it. to Halifax Hospital There is a beautiful corridor. it. Mayor Schmidt Mr. Visconti spoke about World War II Memorial Month and the drive they are having. He read the list of sponsors he has collected. He spent four days in front of publix and met a lot of people. They raised almost $600. Every time somebody gave a donation they had a comment. He read some of the comments. He asked what he does with the money he has collected. City Manager Hooper informed him he should take it to the bank and deposit it and then he make a check out or the bank to make a cashier's check. Mr. Visconti would like to the City of Edgewater to take the credit for doing this. Mayor Schmidt suggested he put on the check to the World War II Memorial on behalf of the citizens of Edgewater. Mr. Visconti is happy to see the south medians being worked on. He feels the past committee's would be proud to see it is finally coming to be. He feels someone deserves credit for moving the trucks on the way in from 1-95. It looks much better. He also feels someone deserves credit for removing the tank on u.S. #1. City Manager Hooper explained that is the work of Code Enforcement as it has been relocated. Lt. Britain, on those items that Mr. Visconti has just talked about, has gone over them with him and that is his work and his efforts. Charlie, from Charlie's Designated Driver's, 304 W. Ocean Avenue, spoke of this being a one way zone from 7:15 a.m. to 8:15 a.m. and from 1:45 p.m. to 2:45 p.m. The same vehicles repeatedly every day are coming down the wrong way. The officers seem to turn them around and send them back but it doesn't seem to be doing any good. He doesn't blame the officers because they do have citizens patrol now. He and his neighbors fail to see why they can't take over some of the responsibilities of the officers so the officers can do their job and start tagging some of these people so they don't keep doing it. He spoke about a lack of bicycle helmets. These children are going to get hurt if they don't get some helmets. City Manager Hooper stated they will look at that. Councilman Vincenzi asked what happens if a child is not wearing a helmet. Chief Schumaker stated they have given out upwards to probably 300 or 400 of them to the citizens of the city. Any family that can't afford them can contact the community policing officers and they will make arrangements to get a bike helmet. Councilman Vincenzi asked if there is any way to enforce it. Chief Schumaker explained he feels that is a parental responsibility to make sure the children have helmets. Councilwoman Lichter suggested putting an article in the newsletter to remind the parents that their children should be wearing them. Councilwoman Rhodes asked about keeping track of the children that are habitually not wearing their helmets. After three warnings, they get a letter home so their parents are aware there is a problem. If the problem persists, then you site them. Mayor Schmidt stated the citizen patrol can help keep track of that. Charlie stated they hardly ever see the citizen patrol out there. Page -2- Council Regular Meeting August 21, 2000 ~ ~ Mr. visconti stated Chap's restaurant made a nice donation and would like to hold a dance in October for the World War II Memorial Fund. CITY COUNCIL REPORTS Councilwoman Rhodes spoke about the Florida League of cities Annual Conference in Ft. Lauderdale. She feels about half of it was worthwhile. She got a lot of information there that was available, especially grant information. She learned a lot of things more intricacies of running the City and things that need to be done to get things done that she was aware of. She enjoyed it. Councilwoman Lichter enjoyed the council-Manager Form of Government forum at the League Conference. She also enjoyed the Meet the Press portion of the Conference. She spoke about the purchase of items on the Internet not being taxed. Councilwoman Lichter informed the Council of the City of Edgewater Litter Prevention Committee. Their next meeting will be August 30th from 12:00 to 1:00 p.m. They have to have a reassessment of the date of October 28th. That is no longer feasible for the second phase which is Clean Scene day. Our Clean Scene day is going to be February 17th. They will start the Adopt-a-Street Program as soon as they get their literature out. It will formally start in January but there are people out there already doing it. In March, Keep It Clean will take place. That is where the City kicks in. Councilwoman Lichter spoke about Deputy City Clerk Bloomer and her husband giving up cleaning up the trash on Guava Drive. She spoke about the trash allover Guava. She would like to start looking into putting up some anti-litter signs on Hibiscus and Guava and really enforce it. Councilwoman Lichter asked the Council to note streets when they are driving around that need to be cleaned up the most. Councilwoman Lichter stated they want to enlarge the Litter Prevention Committee. Temporarily she is going to be the Chairman until she can find a Co-chair so she can pass it on. Mayor Schmidt spoke about the Florida League of cities Annual Conference. Mayor Schmidt spoke about the ribbon cutting of the Skateboard Park. The kids really seem to enjoy using it and seem to be well behaved. Mayor Schmidt spoke about water quality and the color and clarity of the water. He feels it is a little darker than normal. City Manager Hooper spoke about the drought conditions and the water table being at its lowest in some time. He agreed to speak to Mr. Wadsworth. City Manager Hooper explained they are doing some things on water quality. They have some analysis under way and some treatment processes to be added over the next year or so. Councilwoman Rhodes spoke about touring the Water Plant with Mr. Wadsworth. He explained to her about the yellow color. It has nothing to do with the quality of the water. It would be very expensive to make the water a better color when it is not needed because it doesn't effect the water quality in any way. Councilwoman Lichter spoke about the water levels. Because of the drought over the last two or three years, they are all down below average. Page -3- Council Regular Meeting August 21, 2000 '-" ....." Mayor Schmidt stated now that we have a Grant Writer, he would like him to look into fluoride in the water. City Manager Hooper stated he would need Council direction to do that. That is one of the easiest grants you can obtain. One of the first steps they need to do is hold a public hearing. We are one of the few cities around that do not have it. Most of Central Florida has fluoride in their water. City Manager Hooper stated if Council would like him to that for a discussion and public input he would be more happy to do that. Mayor Schmidt would like to see some input. He feels it is worth it to open it up and talk. Manager Hooper agreed to put it on the agenda after the sessions and do it the first week in October. agenda than public City budget Councilman Brown spoke about the Florida League of cities Conference. The longer Council people and City Manager are in the better they seem to be able to do for their cities. If you don't have four to six years on the Council, you don't have time to learn how to go about what being on the Council is all about and you don't have time to do any projects. Councilman Brown lost the addresses and phone numbers of two people that called him about damage from the railroads. He would like them to get back in touch with him. Councilman Vincenzi spoke about the continuity in office and feels they took care of that problem at the last election with four year staggered terms starting with the next election. Councilman Vincenzi spoke about the opening of the skateboard park and the kids having a good time. He thinks this is something good for the community. Councilwoman Lichter stated Gene Sheldon, who applied for the southeast Volusia Advertising Authority, did get on that Commission. He is also a member of the Litter Prevention Committee and represents the Historical Society, who would like to do the kickoff breakfast the day of the Clean Scene Day. PUBLIC BEARINGS. ORDINANCES AND RESOLUTIONS A. 2nd Readinq. Ord. No. 2000-0-17. Amending ChaDter 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. Legal Assistant Matusick read Ord. 2000-0-17. City Manager Hooper stated there are no outstanding claims against that fund. Mayor Schmidt opened and closed the public hearing, due to there being no comments. Councilwoman Rhodes made a motion to approve Ord. 2000-0-17, second by Councilman Vincenzi. The motion CARRIED 5-0. B. 1st Readinq. Ord. No. 2000-0-18. Amending Ord. No. 99-0-04. section 10 (Disabilitv Retirement) Subparaqraph (1) of the Firefighters' Pension Fund City Manager Hooper made a staff presentation. Legal Assistant Matusick read Ord. 2000-0-18. Mayor Schmidt opened and closed the public hearings, due to there being no comments. Page -4- Council Regular Meeting August 21, 2000 '-" ....." councilwoman Lichter mentioned a firefighter being here two weeks but if they get totally disabled they get the total retirement pension. City Manager Hooper clarified total disabled in the line of duty. Councilwoman Lichter stated if a firefighter is there ten years and wants to retire, he gets the same thing after ten years of service. City Manager Hooper explained there is a twenty year requirement. What she is talking of is the disability retirement. They have an age 55 or twenty years of service, whichever comes first. They are eligible for retirement. The disability is a different factor. Councilwoman Lichter was confused with the language that already exists with regard to ten years of service. Ms. Klem explained that is addressing a disability that occurs off the job. City Manager Hooper spoke about the benefit the Council has offered regarding a disability insurance policy that is for all City employees. Councilman Brown made a motion to approve Ord. 2000-0-18, second by Councilwoman Lichter. The motion CARRIED 5-0. C. 1st Readinq. Ord. No. 2000-0-14. establishinq compliance with statutory requirements to Chapter 185 of the Florida statutes. and amendinq Ord. No. 99-0-08 which restated the Police Pension Plan City Manager Hooper made a staff presentation and presented clarification of several sections in the restatement of the Police Pension Plan. He spoke of why this may be brought back to Council. staff recommends approval. There was a brief discussion regarding Principal being responsible for putting this together and there not being a separate charge for that because they get their money from investments. Councilman Vincenzi asked Mr. Westfall's status. City Manager Hooper explained he made an appearance two months ago and asked that the Board grant him his back pay, what he calls his retroactive pay. The Board took a vote and decided that in their opinion he was authorized to that. City Manager Hooper has taken the opinion that the previous Council in the ordinance doesn't say that. Our Attorney has also taken that opinion and Principal has taken that opinion. As a joint and collective, they have said no. When he brought that back to Council, their answer was if he wishes to file suit let the attorneys describe among each other what that answer would be. To date, he has not heard from him. Legal Assistant Matusick read Ord. 2000-0-14. Mayor Schmidt opened and closed the public hearing, due to there being no comments. Councilwoman Rhodes made a motion to approve Ord. 2000-0-14, second by Councilman Vincenzi. The motion CARRIED 5-0. CONSENT AGENDA A. Economic Development Board Ap~ointments (3) - Councilwoman Rhodes. Councilwoman Lichter and Mayor Schmidt. respectivelY. to consider Board's recommendation to reappoint Thomas Alcorn. Nora AIy and C. Michael Wilson for another three year term. all requested reappointment Page -5- Council Regular Meeting August 21, 2000 ~ ~ B. Police Pension Board Aopointments (2) - Councilman vincenzi's appointment to fill the remainina term of David Muth who resianed and Councilwoman Rhodes' aopointment to fill a full term left bv Larrv Loeffler who had not souaht reaooointment. (These are both Council aooointments and not subiect to recommendations from the Board.) Councilman Vincenzi recommended Ferd Heeb and Councilwoman Rhodes recommended Jon Williams for the Police Pension Board. Councilwoman Lichter recommended Tom Alcorn be reappointed. Mayor Schmidt and Councilwoman Rhodes were okay with all three to be reappointed. Councilwoman Rhodes made a motion to approve the Consent Agenda, second by Councilman Vincenzi. The motion CARRIED 5-0. OTHER BUSINESS A. Health Insurance - staff recommending renewal of Florida Health Care medical and vision arouo insurance olans city Manager Hooper made a staff presentation. year is about a 13% increase in renewal rates. recommending that the City pick up that as part negotiations, if he is successful. The request this He is of the union Councilwoman Rhodes asked City Manager Hooper if he is asking that the City pay the 13% that the employees don't pay. City Manager Hooper stated our price with this HMO is going up 13%. He is saying let's buy that insurance. Our current rule says the employees pay 50% for dependent coverage. He is offering the employees, through contract negotiations, that he recommend to Council that they pick up the increase for the dependent coverage. This will come back before Council. The intent is if they have a union agreement, there will be a portion of the dependent coverage that the city will pay. Councilwoman Rhodes asked if they gave any reasons for the increase. City Manager Hooper explained what their explanation was. Councilwoman Lichter made a motion to accept the recommendation of staff, second by Councilwoman Rhodes. The motion CARRIED 5-0. OFFICER REPORTS City Clerk Wadsworth had nothing at this time. Legal Assistant Matusick stated a couple of months ago the Council was appalled in regards to a possible ordinance on nudity and adult entertainment facilities. They have done additional research and asked Council how far they want them to go. She asked if they wanted them to put something together in a draft ordinance regulating any facilities that might try to come into the City of Edgewater and bring it back to Council. Councilwoman Rhodes feels they need to do this now rather than after they are in here and then try to get rid of it. Councilwoman Lichter suggested they see what is available and go forward. city Manager Hooper spoke of what is occurring and why this is being looked into. councilwoman Rhodes feels like some criteria should be established. City Manager Hooper spoke about there being re-stringent requirements and criteria as to where they would be allowed. Page -6- Council Regular Meeting August 21, 2000 ~ ....." Mayor Schmidt spoke about what New Smyrna went through regarding this. It was the direction of Council to prepare this ordinance. City Manager Hooper presented a report about the Humane society. There is no contract. He feels there needs to be a contract. The City of Edgewater pays a flat fee of about $17,000 a year for whatever animals come in. Some of the confusion has been that our animal control officers deliver about 250 animals to the shelter per year. The confusion comes back when you look at the residents of the City as well as the animal control, when you sum up those too it is about 750 animals per year. He knows they have to have a clear cut method of payment. Edgewater and New Smryna are the only cities that have a flat rate. He commented on how New Smyrna does it. The other entities are all paying $37 per animal for any animal brought in by their animal control officer or any citizen from one of those cities. The reason they can't supply an audit is because they don't do an audit. They are a non-profit organization. They do have to keep bookkeeping records and keep enough to do an internal accounting and then turn in an IRS form. They have given him that information. They want us as a client and would enter into an agreement. They offered to have a member of council appointed to the Humane Society or a designee. He went through the shelter and looked at some of the things they had concerns about. City Manager Hooper stated the President and the Director have offered to come and address any questions the Council may have. They have offered to send him financial and banking account statements monthly. He commented on the two funds they have that are sizeable for emergencies and a building fund used for expanding and replacing existing kennels. He found them to be eager to work with us. He proposed they do their contract effective October 1st and they define how it will be operated and the number of animals and how they are going to pay. They are switching to a price per animal. He assumed they do that so it becomes clear and we will be considered the same as all the other cities. He feels New Smyrna is a different situation. Councilwoman Rhodes asked how many kennels they have. City Manager Hooper informed her around 48 dog kennels and 100 small cats. Councilwoman Lichter asked him about if they have a veterinarian on staff. No they don't but they contract with several veterinarians. City Manager Hooper was impressed with their attitude. He met most of the staff that was there. It is a tough job that is low paying and an emotional nightmare to have to deal with some of what they have to deal with. He also informed Council the service they discontinued of picking up animals, they started back up again. city Manager Hooper stated he gave Robin Feger, our animal control officer, all of this information. He is going to write a report for Council. On the upcoming agenda, they will be talking about money allocated for the Humane Society. He asked Council if they want them to appear in front of them at a later date. Councilwoman Lichter didn't understand why so many cities are involved when we are so short of cages at the Southeast Volusia Humane Society. They have recently picked up the rest of Deltona, some of Deland and some of the west when it seems like they could well service just southeast. Page -7- Council Regular Meeting August 21, 2000 ..... """'" City Manager Hooper spoke of the Humane Society taking on other cities because the other cities don't have anywhere else to go. He has received correspondence from the County regarding a large multi-jurisdictional shelter. He responded and said they are interested and how much would it cost and where would it be built. Councilwoman Lichter spoke about five organizations that are interested in pets. She feels it would be helpful if they all got together once in a while. It was the consensus of Council to have the Shelter Director come and talk to them. Councilwoman Rhodes suggested nominating Councilwoman Lichter to be on the Board and she could find out the answers for them without making everyone jump through hoops. City Manager Hooper spoke about a meeting he had with D.O.T. regarding S.R. 442 and where they are with the right-of-way acquisition. He spoke about them working with us regarding the Library. George Lovett met with them today and was very eager to help solve everything. He is working on the sidewalks out to 1- 95 and he has come to an agreement with the School Board over the piping of the drainage on that one particular site. He was also of assistance where the trucks were parked out by 1-95. Councilman Vincenzi asked if they talked about the beautification of S.R. 442. City Manager Hooper stated they came through with the grant money, identified the minimum amount they were going to do and he is also looking at additional options. They have agreed to enhance the landscaping of the big pond off of Evergreen if the City would maintain it after it was enhanced. They are going to show us a landscaping plan. He was trying to find a way to waive the permit application and fees they have gone through on U.S. #1 for any further medians there and any further along SR 442 to expedite that program. CITIZEN COMMENTS/CORRESPONDENCE There were no citizen comments at this time. ADJOUlUDlENT There being no further business to discuss, Councilman Vincenzi moved to adjourn. The meeting adjourned at 8:35 p.m. Minutes submitted by: Lisa Bloomer Page -8- Council Regular Meeting August 21, 2000