08-21-2000 - Regular
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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.
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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.
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Council Regular Meeting
August 21, 2000
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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.
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Council Regular Meeting
August 21, 2000
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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.
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Council Regular Meeting
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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
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Council Regular Meeting
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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.
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Council Regular Meeting
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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.
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Council Regular Meeting
August 21, 2000
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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
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