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03-20-2000 - Regular . , '-' ..""", .. \. ~ CITY COUNCIL OF EDGEWATER REGULAR MEETING MARCH 20, 2000 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER vice Mayor Vincenzi called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Donald Schmidt Councilman James Brown Vice Mayor Dennis Vincenzi Councilwoman Harriet Rhodes Councilwoman Judith Lichter City Manager Kenneth Hooper City Attorney Scott Cookson City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Arrived at 7:30 p.m. 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. Reaular Meetina of March 6. 2000 Councilwoman Lichter made a motion to approve the March 6, 2000 minutes, second by Councilwoman Rhodes. The motion CARRIED 4-0. PRESENTATIONS I PROCLAMATIONS IPLAOUES ICERTIFICATES I DONATION S A. Certificate of Recoanition presented to eiaht (8) Edaewater Elementary students for winnina an award at the Volusia County Social Studies Fair vice Mayor Vincenzi presented Sydney o'Steen, Kaila Blohm. MYmpower, Chelsea wildberger, Robert Leach. certificates to Erik Cloutier, The students not present were Kyrie Patrice Domer, Chris Cory, and B. Certificate of Recoanition presented to seven (7) Indian River Elementary students for winnina an award at the Volusia County Social Studies Fair vice Mayor Vincenzi presented certificates to Brendan Cahill, Patricia Cloer, Chas Geiger, and Caleb Brewer. The students not present were Leland Brunson, Travis Gilleland, and Patricia wyatt. C. Certificate of Recoanition presented to Lara Clevenaer for winnina first place as State of Florida Youth Volunteer of the Year vice Mayor Vincenzi presented a certificate to Lara Clevenger and spoke of her volunteer efforts and accomplishments. D. Staff recommendina donation of $50 to be used toward Jerry Reminaton's medical expenses for double lung transplant suraery Councilwoman Rhodes stated ultimately the money does go to help with Jerry Remington's medical expenses but what it is is sponsorship of a golf tee, which the City of Edgewater's name would be on the golf tee. She feels it is a good image for the City to have. . ....." , vice Mayor Vincenzi asked if there was a limitation of $50 or is that what they asked for. City Manager Hooper stated that is what they asked for. Councilwoman Rhodes explained that is what the sponsorship costs. Councilwoman Rhodes asked if they could sponsor two tees. City Manager Hooper stated she could do as she wished. Councilwoman Lichter made a motion to donate $50 to be used toward Jerry Remington's medical expenses and thus buy them sponsorship in the golf tournament, second by Councilman Brown. The motion CARRIED 4-0. CITIZEN COMMENTS Ed Keenan, 1905 Pine Tree Drive, commented on the new Catholic Church as a credit to our community. He also spoke about the Middle School going out at the horse farm. If we had the misfortune because that place is zoned in the County of some large scale manufactured home building going in there and if maybe they weren't too great, it could depreciate the value of homes in Florida Shores and all the homes across the street on the north side too. He feels we do need a school and many of the kids would be within walking distance of the school which would cut down the number of buses they would have to use, which would save the taxpayers money. Mr. Keenan congratulated Councilwoman Rhodes for supervising the puddling wrestling. Freeman Newell, 2450 S. Ridgewood Avenue, stated it has been six weeks since he was here last and he hasn't heard anything. City Manager Hooper explained they have contacted the County. County Mosquito Control owns the ditch they talked about. They are going to come out and clean out and dredge the ditch so it will be able to drain. Mr. Newell stated he doesn't think so. We are going to be in the rainy season soon and that ditch is not down. Last year at this time, and we had rain, it was bone dry. He stated he needs to know something from Council. He gave Council a packet of bills. He needs to know something before he does something else. He is going to have to consult an attorney or something. He has paid $15,000 right now. He is paying $3,852 per year for stormwater drainage runoff. He has been waiting since October of last year for an answer but he can't get an answer. He has been to this City and nobody wants to tell him anything. He asked Council what he should do. Councilwoman Rhodes informed Mr. Newell that on March 27th, at 6:00 p.m., in the Community Center. there is going to be a workshop about drainage and stormwater. She feels he may be able to get some of the answers he needs at that meeting. Councilwoman Lichter stated she has seen his problem and he has a bad problem. She feels Mr. Hooper has been there and he is waiting for something. City Manager Hooper explained he has private property, drainage contained within that area and it goes into a mosquito control ditch that the County owns and maintains. The County Mosquito Control District had quit maintaining that. They called the County and brought it to their attention that it needs to be dredged. They have agreed to do that. They have told him they will schedule it in the next cycle, in southeast Volusia. When that is, he doesn't know for sure. They have described to him it would be coming up very soon. That takes it out to a canal that runs into the Indian River. That canal belongs to us. That canal has been cleaned and dredged. The holdup is the water can't get from the private property, through the County's ditch to the City maintained ditch. We have no authority to go into the County's ditch nor has the County offered to let us to that. The County has agreed to come out and clean their ditch. Page -2- Council Regular Meeting March 20, 2000 'W' ......, ~ Mr. Newell stated they haven't done it in about seven or eight years. They don't do any spraying in there either and he is going to deduct from their bill too. They don't do nothing just like the city. Why should he pay it? Mr. Newell contacted property next door that hooked on to him. He will cut the pipe off and seal it up on the south side of him if he has to and he has been told he can do it. He hasn't talked to an attorney yet but he may have to. City Manager Hooper stated his drainage is on private property. He can do as he wishes, which he has done. Mr. Newell stated he is still paying for the drainage and the City isn't taking care of it. city Manager Hooper stated no sir, your problem comes when it goes onto the County's controlled drainage structure. Mr. Newell stated don't buy that because that is County and not city. City Manager Hooper stated that is what he is telling him. Mr. Newell stated the County is $3 per month and the City is $6 per month. Councilwoman Lichter stated she doesn't know if this dialogue now, without someone else involved, maybe from the county, is going to get resolved. She spoke about a lack of communication. She feels he is paying a lot of money and they are almost under water when it rains. Maybe this can be moved forward with better communications. City Manager Hooper stated at their work session he could go over it and show them on a map what is occurring. Mr. Newell stated he didn't have any problem until this past year and he doesn't know what happened. Councilwoman Lichter informed Mr. Newell they would be meeting next Monday night at 6:00 p.m. regarding drainage problems. Mr. Newell stated he was told they would collect his money but they couldn't do anything on private property. If you aren't going to do anything, then why is he paying for this? That is exactly what he wants to be told. City Manager Hooper explained he has described that to him but he doesn't like his answer. Mr. Newell stated there is a section between him and the City that the County owns. The County hasn't done anything in six or seven years either and they won't do anything. City Manager Hooper stated they are going to do something now. Mr. Newell stated he doesn't think so. City Manager Hooper stated he is telling him but he doesn't like what he is describing. Mr. Newell stated he does like what City Manager Hooper is saying if it happens, but when is it going to happen? city Manager Hooper stated they would check back with the County. Mr. Newell stated he figures if he waits long enough he will go away. Councilwoman Rhodes stated she doesn't think he should go away. If nothing gets done, she urged him to keep coming back. city Manager Hooper also informed Mr. Newell to call him, which he hasn't done. Mr. Newell stated he hasn't in the last six weeks. He hasn't called because he figured Mr. Hooper was working on it. He figured if there was any news, they would contact him. Mr. Keenan suggested inviting the County to come to that meeting. Vice Mayor Vincenzi stated between now and next week, would it be possible to contact someone. City Manager Hooper stated they can do that. Rick Rose, R & R Grove, stated the waterfall, when you come to u.S. #1, looks like 1955. He asked if there is anyway of getting that changed to something more modern. He spoke about the algae growing on the fountain. His mom and dad visit from Ft. Lauderdale and go what is that. Page -3- Council Regular Meeting March 20, 2000 'w' ...., Councilwoman Lichter stated the County is going to change it because SR 442 is going to be extended right down to there. At that time, the fountain will either find another home or there will be a change. She spoke about a car that hit it and this not helping the appearance. Mr. Rose stated someone probably did that on purpose. Councilwoman Lichter explained the Beautification Committee and its Chairman, several years back, were asked what was on top of their list for a project and that is what they picked. One man's pleasant site is not another man's. It has been hit and it is going to be moved. Mr. Rose spoke about the cemetery. Councilwoman Rhodes informed him it is not our cemetery. That is private property. Mr. Rose suggested the City approve within their distance of what they own and put a nice hedge across. It would help clean it up a lot. He even agreed to buy the hedges. Councilwoman Lichter stated she believes at one point beautification had its thoughts. Adelaide Carter stated they wanted to put camellias along the property line, but there was not enough room between the State's right of way the cemetery. Mr. Rose asked what about a fence? Councilwoman Lichter stated the people that own the cemetery and their old residents of this City have relatives buried in the front row and it was getting to be a very touchy situation. Mr. Rose stated down in Ft. Lauderdale 595 project, they went through two cemeteries and he thinks they had the family rights to remove them and move them back further off the roads. He feels it would really clean up the town a lot. If there is anyway to find out about it or even pay for it to be done? Vice Mayor Vincenzi asked if anyone has approached these people. Councilwoman Lichter stated yes. She thinks if you get the whole picture, beautification is on the plate. The four corners at Park Avenue and u.S. #1 will probably get done next year. The south part of the town will probably be done this year. They are waiting to see what happens with S.R. 442. There is going to be matching funds for us to try and hide those poles. Everything is going to look a little different. Elizabeth Donahue, 3326 Umbrella Tree Drive, stated she is all for the school they want to put up but it seems to her several years ago the City purchased property at 12th and Mango for that purpose. What is being done about that property? Vice Mayor Vincenzi stated he would think we own it. Councilwoman Rhodes stated she thought that property was going to be for a high school. Vice Mayor Vincenzi stated the property at 12th and Mango has been for sale for a number of years but he doesn't know why they don't want to use it. Councilwoman Lichter stated she thinks that is going to be brought up at the meeting between the homeowners and the Board of Education, which is going to be held and the Indian River Elementary on April 13th. Mayor Schmidt stated in talking to Mr. Hall, one of the reasons they have abandoned that piece of property, is the road work and the roads leading in and out and the improvements that would have to be made to put a school in there. When they bought the land it was a good deal for them but they figured out it wasn't a good deal because you couldn't put a school there. Ms. Donahue stated what they are proposing to do is put it on the main road now. She doesn't feel this is much better either. You are going to have a four-lane highway running right beside a school. Mayor Schmidt feels one of the advantages with that is you won't have the buses. Ms. Donahue asked what area is this school going to cover at the horse farm. If it is going to be mainly Florida Shores, won't they be walking. Mayor Schmidt stated they will be walking. Councilwoman Lichter stated she thinks they all have concerns about transportation in that area but she thinks the Board of Education is where they will have to bring those questions. Page -4- Council Regular Meeting March 20, 2000 ~ ~ John Murphy stated his Council District man was Mr. Brown. To begin with, he would like to hear what you said. citizens speak citizens come back. Mr. Brown has also told him there is information in the paper about places citizens speak up. He hopes all of our citizens hear that. To begin with, the children here, he came late, he's really sorry. Darn that sounded good. That one girl had a list of credentials better than the President of the united states. He likes to hear that. Anything we hear about our kids good and talk about them this community will just get better as you know. Mr. Murphy stated whoever said thank you to the Sacred Heart community our church here. One thing I want to say. He has talked to the Police Chief a few times and said hello. He understands in this community during Bike Week our incidents of accidents was almost zero. There were places around here, drinking places, nobody in those places were hurt or injured to our knowledge. Any of our visitors are welcome and you say hello to them and that is money in our pocket. That is not why we want them here necessarily but anything we can do for business. Any visitor we smile and say hello to he guesses is just southern hospitality. He likes that idea. One thing he has in mind, he has heard around is if you don't have life you don't have anything. There is nothing to legislate. Anything that can improve our life, our citizen's life, our crime is down here. Any citizen he has spoken to lately they want to do what you have. We work with what we've got. Who's in office. Lawful legal authority. He would like to say and perhaps get it in the record he would like every citizen that wants to to come here and say something. People out there have a lot to say. They talk to me on my street. He has heard two things, too strict, too loose. Everybody seems to have an opinion. If they express it, we are a lot safer off. We know what we've got and where we go. He further stated he hears Council helping people, this man here, you got solutions on a meeting next Monday night. That sounds good to him. He feels they should encourage business. Hopefully if there is anything or anybody he can help, he is Noming Vice President for Florida National Alliance of Mental Illness. Anything he can help with. The addictions, of course the Chief knows, and you all know, we like good medicine here. He has talked to Mr. Perry who is talking about good medicine here. So anything in the addictions or anything that he can help or he can put them in touch with anybody, anything that will help Edgewater. He can see what he is looking at. He is very happy and very proud. He also stated the Family Disaster Plan sounds pretty good here too. There was a five-minute recess at this time. At the return of the meeting vice Mayor Vincenzi returned the gavel back to Mayor Schmidt. CITY COUNCIL REPORTS Councilwoman Rhodes spoke about attending the pudding wrestling. It was interesting to say the least. She went down the street and knocked on doors and talked to the people that live around that area. She had one noise complaint. Personally she thinks the noise could have been turned down a notch or two and it would not have destroyed the ambiance of the pudding wrestling at all. The biggest complaint she heard was traffic. That people are parking on Boston Road. They are legally parking and it is nothing illegal. They are parking on the right of way. But it is in people's front yards and they don't like that. She spoke to the owner about that and he said next year the lot next to him was going to be cleared and available for parking so all of the traffic problems that were there should be cleared up. She did suggest to him he could turn the noise down as well. He is going to consider that. Page -5- Council Regular Meeting March 20, 2000 "w" ..." Councilwoman Rhodes stated she didn't hear any obscenities. They really didn't have a whole lot of people signed up for pudding wrestling, only four or five women signed up for it so it was quick and it was chocolate, her favorite. It was not an event she would take children to. She saw one child there. Other than that, all the ordinances were complied with and she doesn't see a problem with it as long as people three streets over aren't hearing the noise and listening to obscenities and it all moves inside at 8 p.m. Councilwoman Lichter stated Mr. Ray Anderson invited her over to hear the noise around 5 or 5:30 p.m. It was loud. It was terrible. It was not the best of music. He took her in the car close by. From his house, she couldn't hear anything from the other side of Riverside Drive. She guesses the noise could be turned down a little. Councilwoman Lichter stated she went to, in lieu of the Mayor and Dennis who couldn't happen to make it, the Halifax Indian River Task Force first meeting for the City. Volusia County is working on a plan to try to keep our Indian River environmentally safe and that is going to be presented to the County Council March 23rd. Growth management of the marinas on the river are very much part of that plan. Eventually that plan will be in our Comprehensive Plan and enforcement and education were the emphasis. This particular group had representatives concerned with manatees and turtles so various environmental groups basically were there. Councilwoman Lichter spoke about the Ssenior Advisory Committee meeting last Thursday she found out the most important information and it wasn't about seniors but the lady was there from Votran, Yvonne Caraway, and she asked her because the Brannon Center was brought up and transportation to the Brannon Center, which is the Senior Center in New Smyrna. She asked the status of our recreational complex, our YMCA, in terms of bus. She was very fuzzy and very hesitant and she said she believed it is a mile our of their way, that there is no turn around and nothing is definite. Councilwoman Lichter asked her for her card for City Manager Hooper to contact her because for us here in Edgewater it is very important that that become a stop and if possible that we get people into the facility, up to the facility. She really wishes we could call this gal up. She seems to be the one in charge of it now. Councilwoman Lichter spoke about phone calls she has been getting regarding the status of the barrier pertaining to wildfires. Back a year or two ago, we wrote and passed the ordinance to have a certain amount of footage cleared on these empty lots. Most people don't know we have various zones we are working on and she asked for an update on that. City Manager Hooper explained they have identified through Florida Shores specific areas. We have obtained from the Property Appraiser's office the addresses and ready to mail those out. We are in the process of finalizing contracts with a number of lot clearing companies so that when we tell you you have a lot that needs a 20 foot buffer cleaned out, they will give Council a list of pre-qualified city contractors. If they choose to go ahead and do that, that is great. If they don't, we would use one of those contractors to clear the lot and place the lien or charge the homeowner for that amount of money. Have we started and actually cleared lots, the answer is no. We have noticed some and we have the process under way but we really haven't cleared the first lot. There has been some notices to it. Tracey has worked on more of the perimeter of Florida Shores on getting the outside so that the whole area has a twenty foot or better buffer and that is what they have been focusing on first. Page -6- Council Regular Meeting March 20, 2000 ,-",. ...", Councilwoman Lichter asked what zone they are doing first and how this is being set up. She doesn't think people realize it is not going to be done all at one time. city Manager Hooper explained the Fire Chief is going through and identifying those that have the highest burn potential and he is setting that up. Their very next step is to notice those people. There isn't a tremendous number of those. As long as we can clear the buffer entirely around Florida Shores which they are working on, that is the biggest first offense they have. On the internal, you are working between those areas that have houses and the vacant lots next to them. Councilman Brown stated due to the Mayor being out of town, he was invited to participate in the Top Gun Fishing Tournament. They voted to give money to this fishing tournament. Personally he was impressed with what they did. He would guess that probably 80% of the fish that were brought in were returned live to the river. The first place fish was returned live to the river. It was professionally run. There was no drunkenness. He got up Sunday morning and watched the boats leave. They were safe and did not zoom off in any unsafe manner. He talked with the person in charge of it and he thought the City could become more involved on trying to get more people there but not so much on the money end of it. They will do more of the advertising and promotion but he doesn't feel they need to put too much money into this themselves but they need to help them with promoting this. A lot of our citizenry showed up to watch the weigh in. He had no negative feedback from any of the citizens that were there. He also spoke to him about getting involved with youth fishing tournaments for the City. He said he would be more than willing to work with Parks and Recreation to do not only youth fishing tournaments but also older people. Councilman Brown also spoke about city Manager Hooper doing an excellent job taking care of the complaints he has had from the citizenry. Councilman Vincenzi spoke about tours he did with different departments. One of them being the Fire Department. He can't speak highly enough of Fire Chief Tracey Barlow. He is a real sharp individual. He seems to have everything under control. The people he met in the Fire Department seemed to be extremely concerned and dedicated people. The equipment they have seems to be very well maintained and top notch and he can't speak highly enough of them. He wasn't aware they had such good facilities and such concerned people. He also feels Tracey has a good handle on fifteen to twenty years in the future. He was impressed. He doesn't think we could have a better Fire Chief. City Manager Hooper stated he has been asked to Chair the selection committee for finding a new Fire Chief for a sister city in Volusia County. Mayor Schmidt stated he flew up to Tallahassee this morning with the Chamber, Vice Mayor of New Smyrna and a few businessmen. They spent the day going around, shaking hands, and meeting people in Tallahassee. He was there for one main reason, which was S.R. 442. They sat in on seven or eight different meetings. He met a lot of Senators and representatives. He spoke about buttons eleven of them wore with regard to S.R. 442 going west. They spoke about making it an evacuation route and what to do to get it on someone's list. Our final meeting today was a photo op with the Governor. He is familiar with the situation because during his campaigning and during the fires he was down here and he knows a little bit of what we went through and what is going to happen when the next disaster hits. Everybody was real receptive. Page -7- Council Regular Meeting March 20, 2000 '-' ...,., Mayor Schmidt stated there were several people who suggested we send information to several other people. The Governor himself asked for an information packet of what we are trying to do and what we are looking for, the benefits and things like that. They are aware that not only ourselves but the Chamber, New Smyrna, Oak Hill, Deltona, this is a project that would benefit everyone, evacuation wise first but economically and everything else to go along with it. Everything was productive today. They talked about the boats in the river. The Chamber made a contact of a new gentleman that got on board with that group to try and hurry up the process to get it out of there along with the twenty some odd others. We talked about brown fields, which he believes Edgewater possibly has a few. What those are are old contaminated industrial sites and things of that nature. The Chamber is going to get everyone together that has anything to do with that to give us information on what we would need to do, how to handle it and things like that. There are a lot of benefits if you rehabilitate a brown field for grants and different things to work on the property. One of the other hot topics was a one stop permit process after a disaster. He spoke about problems New Smyrna had on the beach trying to replace walkovers and things like that. It was a mess for someone who wanted to get his property back going. There is a bill that is floating around that might accomplish that. It was a great trip for him. He is going back in a couple of weeks. They are going to pursue this. with Governor Bush's money that is making some of the five year project go forward, this may allow us to get on a list and move up on the list real quick. Mr. Murphy asked what the buttons say. He likes to hear good business. Mayor Schmidt stated it says "442 west we must go." PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. Public Hearinq. Community Development Block Grant allocation for FY 2000/2001 and five-year proiection period update city Manager Hooper made a staff presentation. Councilwoman Lichter asked if this is in terms of housing or can they use it for business. City Manager Hooper explained you have uses that you can use it for but it has to be in targeted areas, meaning lower income areas. We are using this as an economic development incentive to help areas better themselves. Mayor Schmidt opened the public hearing. A lady in the audience asked where on Park Avenue. Hooper explained it is in the area of Park Avenue, FIND project, it's road improvements, water lines, but enabling that area to grow and develop. city Manager Mango, the sewer lines John Murphy asked if this is part of the infrastructure they talk about where you are supposed to have problem with our roads and bridges and is this part of it. City Manager Hooper stated yes. Mr. Murphy stated drainage, better health for the people in those areas, sewer would be a lot safer and healthier. city Manager Hooper stated that is the plan and the idea is if you build the infrastructure, the water, sewer roads and so forth, you will enable the area to start to grow that will economically help the area develop. Mr. Murphy stated he hears business looks for those things. Mayor Schmidt closed the public hearing. Councilwoman Lichter made a motion to take staff's recommendation that no changes be made to the current five-year plan which reflects capital improvements for a portion of the FIND project area, second by Councilman Vincenzi. The motion CARRIED 5-0. Page -8- Council Regular Meeting March 20, 2000 '-" ...""" B. 1st Readina. Ord. No. 2000-0-07. annexation for Dr. William W. Schildecker of approximatelY 2.5 acres located at Lot 9 and part of Lot 4. Air Park Road C. 1st Readina. Ord. No. 2000-0-08. annexation for William Perry of aP9roximatelY 2.5 acres located at 545 Air Park Road City Manager Hooper made a staff presentation regarding Ordinances 2000-0-07 and 2000-0-08. Mayor Schmidt read Ordinance 2000-0-08. Councilman Brown moved to approve Ordinance 2000-0-07, second by Councilwoman Lichter. The motion CARRIED 5-0. Mayor Schmidt again read ordinance 2000-0-08. Councilwoman Lichter moved to approve Ordinance 2000-0-08, second by Councilwoman Rhodes. The motion CARRIED 5-0. D. Res. No. 2000-R-04. reauestina the MPO to include the extension of SR #442 as part of their Work proaram as an evacuation route city Manager Hooper made a staff presentation. Rick Rose asked if he could copy this and have a sign made to put on the corner of Old Mission and S.R.442. He would be glad to put it out of pocket. City Manager Hooper informed him that is not a problem as long as it is on his private property. Mayor Schmidt wants to push this effort of theirs as many different ways as we can. Councilwoman Rhodes also encouraged people to write to the Governor. Mr. Rose stated he would take a picture of his sign and let him see we are for real. He is the nearest resident to 1-95 and he definitely wants it there. John Murphy asked for the Governor's address. Let's get it. We'll write to him. If you are here for it, we'll back yeah. If it is good for Edgewater, where is that Governor's address gonna get it to us or in the paper. Councilwoman Lichter informed him it is in front of the phone book and you could really get it there if you wrote Governor Jeb Bush, The Capitol, Tallahasse, FL but the exact address would be in the phone book. Mr. Murphy asked for some ideas for a form letter. He would like them to get some ideas out of what they are thanking them for. Mayor Schmidt closed the public hearing. Councilman Vincenzi made a motion to approve Res. 2000-R-04, second by Councilwoman Rhodes. The motion CARRIED 5-0. E. Res. No. 2000-R-05. authorizina reduction of road and sewer assessments and acceptance of an Aareement for Deed and Warranty Deed for propertv owned bv John and Theresa Sauers located at 1933 India Palm Drive City Manager Hooper made a staff presentation. Staff recommends they accept the offer to have the property given to the City and we reduce the assessments by $3,420. There were no comments at this time. Mayor Schmidt closed the public hearing. Page -9- Council Regular Meeting March 20, 2000 ......... ...., Councilwoman Rhodes made a motion to approve Res. 2000-R-05, second by Councilman Vincenzi. The motion CARRIED 5-0. City Manager Hooper informed Council there is a Warranty Agreement for Deed that goes with that and that includes authorization for the Mayor or himself to sign. CONSENT AGENDA A. Construction Requlation Board Aooointments (3) - Councilwoman Lichter and Mavor Schmidt. resoectivelv. to consider Board's recommendation to aoooint John D. Gaffnev and Andrew Hunt to fill the remaininq term of Greqory Moore and Edward Fahey. both are no lonqer city residents. Councilman Brown's aooointment to fill the remaininq term of Sidney Corhern. citizen at Larqe oosition. who resiqned City Manager Hooper informed Council the two names mentioned first were recommendations from that board. The board was not able to come up with a recommendation and had a split vote for the one for Councilman Brown. That is why you see a slight difference there. Councilman Brown appointed Donald Slaney to the Construction Regulation Board. Councilwoman Lichter and Mayor Schmidt accepted the names they were given. B. Police Pension Board Aooointment - Councilman Brown's aooointment to fill the remaininq term of Ruth Garvey who resiqned Councilman Brown stated he met with most of the people he could get in touch with that were applying for this board. Everybody had good credentials. One person that volunteered for this board just moved to our City. His credentials are exceptionally good. He brought forward David Muth who he recommended to be on this board. C. Purchase Item - Police Deoartment request aooroval to purchase FDLE Router and Comouter System from Emoire Comoutinq & Consultinq. Inc. for $7.137 (utilizinq money from the Law Enforcement Trust Fund) Councilwoman Lichter made a motion to approve the Consent Agenda, second by Councilwoman Rhodes. The motion CARRIED 5-0. OTHER BUSINESS A. citizen Aooeal - Maurice Mathieu apoealinq Buildinq Official's decision concerninq issuance of a fence oermit for Lots 101 and 102 Palm Breeze Drive City Manager Hooper made a staff presentation. Maurice Mathieu presented a history of this property and passed out information to Council. He continued his discussion by going over the packet with council. Councilwoman Lichter asked Mr. Mathieu if Mr. Fischer knew he was tape recording it. Mr. Mathieu stated he doesn't know. Councilwoman Rhodes asked if he told him he was tape recording him. Mr. Mathieu stated no he didn't tell him because of what was going on. The notes are just excerpts. He has the whole conversation for those that are interested. Page -10- Council Regular Meeting March 20, 2000 '-" ...."" Mayor Schmidt stated this is a long fence that seems to be on several properties. He asked if he paid for the whole fence. Mr. Mathieu informed him Mrs. Brooks did. Mr. Mathieu continued to present his case. Councilwoman Lichter stated this property is in her precinct and she has visited it several times. Is the question the crux of this, you think Mrs. Brooks put it up backwards and our Code Enforcement person, Planner and City Manager thinks its put up properly. Mr. Mathieu stated somewhat. Councilwoman Rhodes feels it would be really important if they just heard whatever relates directly to the problem. The information they received was the problem of the fence facing what he considers the wrong way. She asked to just hear the information about the fence. Mr. Mathieu further continued to present his case. He feels the better side should be on the outside. Councilwoman Lichter stated the better side is the side that is out right now. Councilwoman Rhodes stated that is what it looks like to her too. Councilwoman Lichter stated the better side is the finished side where every board is equal. The side that is facing Pyramid Park is where there are joints in it. The Board of Directors thinks this is the correct way. She asked if they are up to a question now of what is the finished side. Mr. Mathieu feels the finished side should be towards the other side. Councilwoman Rhodes asked Mr. Mathieu if he thinks the finished side should face him but with the information they have been presented, the finished side should not be facing him. Mr. Mathieu stated the wording says the finished side should be facing outward. Mayor Schmidt stated it is facing outward from his property. Mr. Mathieu further read away from the enclosed screened area. Councilwoman Rhodes informed him he is the enclosed screened area. Mr. Mathieu stated you could perceive this way both ways. Councilwoman Rhodes asked how can anything outside be enclosed. City Manager Hooper stated Dennis's interpretation and his is there is no commercial use. No use, it is a commercial zone, but no use. The next portion that would take precedent is the right- of-way view. From that you've got the finished face from the right-of-way. Building Official Dennis Fischer explained the two sections he based his interpretation on. City Manager Hooper stated if there had been a use there, maybe a different story. Since there is no use, it is vacant property. The traveling public is going to see it from the right-of-way. They deserve the better of the view so that would be the area you would see with the finished side minus the posts. This is a small part of the issue. The bigger issue is the whole park and a major neighborhood squabble. Mr. Mathieu explained why he feels this is a technicality. He continued to read with the finished side facing outward away from the enclosed screened area. He feels the enclosed screened area is Mrs. Brooks property. Mayor Schmidt stated if they turned the fence around, then that finished side would be facing inside her yard and that is opposite of what the ordinance states. He further explained if there was a building on that property, then it would be okay to turn the fence around but with nothing on that property with it just facing the right-of-way. Mr. Mathieu stated technically, there was a for sale sign there for commercial and the next day she removed it. Page -11- Council Regular Meeting March 20, 2000 '-" ...., Councilman Brown stated if they put a building on this property, are they going to have to turn the fence around. Mr. Mathieu stated if there was a building on the property, it would still be improperly put. Councilman Brown stated he agrees with Dennis the way it is right now but if they put a building on there, would they have to turn the fence around. City Manager Hooper explained what they would do is show a landscaping plan to go along with the building. If it meant minor changes to it, it is possible. He doesn't think staff would recommend such. Mr. Mathieu proceeded to show Council pictures. Councilwoman Rhodes asked for Mr. Cookson to look at this and give an opinion. Mr. Cookson stated he went to his property today and looked at it. He thinks his interpretation is correct in which way the fence faces Mrs. Brooks property, is according to this provision the enclosed or screened area but he thinks the real issue is, is this property being utilized as a non- residential purpose. He thinks staff is saying the property isn't being utilized at all and it falls back to where the finished side faces the right-of-way. He thinks that is the way this section of the code should be interpreted. Mayor Schmidt feels this fence is a great looking fence and a great improvement to that whole strip. He can't see and doesn't hear anything that will change his mind. Mr. Mathieu stated perhaps not, but the Attorney says he is correct as far as the language. For the city to have it look down, the enclosed area to him is very clear. Facing outward away from the enclosed screened area. Hers is enclosed and as far as he is concerned, he is correct in the interpretation. The fine line is this commercial, is it being utilized. There is a sign on it that says commercial. This is closer to being utilized then being offered for sale for residential. Councilwoman Rhodes stated it is not being utilized at the point in time when the fence was built. You can't make laws for what might happen down the road. Councilwoman Lichter stated zoning can always change. Mr. Mathieu stated when you measure it, it is not residential and is being offered as commercial. Councilwoman Lichter feels it is clear from correspondence that the Board of Directors of Pyramid Park Co-op have sent to Mrs. Brooks that they are satisfied with the fence the way it looks. There are a lot of properties a long this fence and she doesn't see them sitting here saying the fence is turned wrong. She feels he is in a co-op where the board speaks for the co-op. Mayor Schmidt read a letter written to Mrs. Betty Brooks by the Board of Directors that is signed by nine people. Mayor Schmidt asked Mrs. Brooks if she would like to say anything. Betty Brooks, 106 pine Breeze Drive, before the fence was put up she had it surveyed by Cory so there would be no question about where the line was. She felt like there was a problem because of comments made by Mr. Mathieu so she decided instead of having any words, she would have the fence put up. She paid $1,200 for the fence and she doesn't think it would be right to satisfy Mr. Mathieu to turn it to his side. She was going by what she was told to do by the Zoning Board. She offered to sell the property to him at one time for $49,000 he refused it. If he wanted all of that property, why didn't he buy it. It was up for sale and has been up for sale for 25 years. Page -12- Council Regular Meeting March 20, 2000 '-" ...., Mrs. Brooks further spoke about rezoning that was done when they were located in the County from residential to commercial. She feels Mr. Mathieu is very upset because she put up this fence to define their property line and he had just put up his addition. Councilwoman Lichter asked Mrs. Brooks if the fence is into her property. Mrs. Brooks stated it is one foot into her property. She further commented on the trees that Mr. Mathieu planted on her property. Her husband has been ill for a year. She has asked Mr. Mathieu not to bother them. She doesn't want any dealings with him because it is this way every time. Councilwoman Rhodes asked if this is the way she was told to erect the fence. Mrs. Brooks stated yes. Mr. Mathieu stated he doesn't blame Mrs. Brooks, he blames the people that told her how to put up the fence. Mrs. Brooks stated her contractor came and picked up the permit and she spoke to Mr. Fischer about this being the correct way to put this up. Councilman Brown suggested Mr. Mathieu look into putting a finished side up against his side of the fence with a finished side on the other side. Mr. Mathieu stated Mrs. Brooks would be a nice neighbor if she would remove three of these portions of fence because he has a pretty nice piece of property. Councilwoman Lichter doesn't think that is a logical solution at all because there are a lot of other homes there. That would really make it look comical. If circumstances changes, then Mrs. Brooks will be receptive to something else. Councilwoman Rhodes asked if this fence was facing so the finished side was facing Mr. Mathieu's property, that isn't going to give you anYmore room. She feels it's not about which side is facing his property, she feels he doesn't want anything there. For $60, he could buy three fence panels and put them up on his side. Mayor Schmidt thanked Mrs. Brooks and Mr. Mathieu. They know what they need to decide on now. This goes further. Unfortunately it is one of those neighbor to neighbor things that we have nothing to do with. There were no further questions of the Council. Councilwoman Lichter made a motion that they leave the fence as is for the present since our Attorney has said that for the present time it meets our requirements, second by Councilman vincenzi. City Manager Hooper stated just for clarification, what you are really saying is you are upholding the decision of the Building Official. Council agreed. Mayor Schmidt stated their interpretation of the code says the fence is the way it should be. The motion CARRIED 5-0. There was a brief discussion regarding when the pink ribbon will be taken down. Mrs. Brooks explained the ribbon is for the fence men to put the fence up. The corner still needs to be done. Mayor Schmidt stated worse case scenario is, when you put that last piece on, the ribbon will be gone. Mrs. Brooks stated yes. If this ever sells as a commercial piece, it will be addressed. Page -13- Council Regular Meeting March 20, 2000 / ~ ~ B. Railroad Aqreement - authorizinq Mavor or city Manaqer to execute the proposed state of Florida Department of Transportation stipulation of Parties for the Openinq of a Hiqhwav Railroad Grade Crossinq Aqreement City Manager Hooper made a staff presentation. Councilwoman Rhodes made a motion to accept the agreement, second by Councilman Brown. The motion CARRIED 5-0. OFFICER REPORTS City Clerk Wadsworth informed Council we are in desperate need for applications. Anybody in the audience that knows anyone that would like to serve on one of our boards, please have them come and see us and we will give them an application. City Manager Hooper stated Susan is going to advertise that in the Observer and it is in the newsletter also. Mayor Schmidt suggested putting it on one side of the marquis at the Fire station and possibly the Recreation office. Councilwoman Lichter feels when they take their show on the road, they will then have the opportunity of seeing other people also. city Attorney Cookson had nothing at this time. City Manager Hooper informed Council he introduced sid Nowell to the Code Enforcement Board. They were pleased. He will be looking over the new Land Development Code that pertains to the Code Enforcement Board and they are going to have a work session to go over their particular part. We are in the final stages of the Land Development Code drafting and he thinks all copies should be out by Friday. CITIZEN COMMENTS/CORRESPONDENCE Mr. Murphy stated he would still like to get Jeb Bush's address out to the public and get those letters done. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 9:14 p.m. Minutes submitted by Lisa Bloomer Page -14- Council Regular Meeting March 20, 2000