07-19-2004 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
JULY 19, 2004
7:00 P.M.
COMMUNITY CENTER
MINUTES
1 . 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
Paralegal Robin Matusick
Present
Present
Excused
Present
Present
Present
Present
Present
INVOCATION, PLEDGE OF ALLEGIANCE
There was a silent invocation and pledge of allegiance to the
Flag.
2. APPROVAL OF MINUTES
There were no minutes to be approved at this time.
3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS
A. Recognition of appointed/reappointed Board/Committee
members
Mayor Schmidt recognized Jean Kayat, Ed Corn and Gene Mirabella
for their appointments to the Code Enforcement Board.
4. CITIZEN COMMENTS
The following citizens spoke:
Ferd Heeb, 115 N Riverside Drive
Kim Lonq, 3312 Mango Tree Drive
John Cordeiro, 1515 Pine Tree Drive
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Pat Card, 3019 Willow Oak Drive
Garv Matola, 2722 Mango Tree Drive
Kim Lonq, 3312 Mango Tree Drive
5. CITY COUNCIL REPORTS
Councilman Brown commented on the July 4th celebration being
excellent.
Councilwoman Rhodes had nothing at this time.
Councilwoman Lichter spoke of the July 4th celebrations she
attended. She stated the vote of the continental convention was
on July 2nd to have independence from England.
Mayor Schmidt had nothing at this time.
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. 2nd Reading, Ord. No. 2004-0-23, amend Chapter 11
(Occupational Licenses, Taxes and Regulations) of
Article I (General) by amending Sections 11-7
(Administrative Fees, Application Fees and Inspection
Fees) and 11-8 (License Tax Schedule) of the Code of
Ordinances
Paralegal Matusick read Ord. 2004-0-23 into the record.
City Manager Hooper made a staff presentation.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Lichter moved to approve Ord. 2004-0-23, amendinq
Chapter 11 (Occupational Licenses, Taxes and Requlations) of
Article I (General) bv amendinq Sections 11-7 (Administrative
Fees, Application Fees and Inspection Fees) and 11-8 (License Tax
Schedule) of the Code of Ordinances, second bv Councilwoman
Rhodes.
The MOTION CARRIED 4-0.
B. 1st Reading, Ord. No. 2004-0-24, City of Edgewater
exempting itself from early voting
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Council Regular Meeting
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Paralegal Matusick read Ord. 2004-0-24 into the record.
city Manager Hooper made a staff presentation.
city Clerk Wadsworth answered questions presented by Councilwoman
Lichter.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Rhodes moved to approve Ord. 2004-0-24, City of
Edaewater exemptina itself from early votina, second by
Councilman Brown.
The MOTION CARRIED 4-0.
C. 1st Reading, Ord. No. 2004-0-25, adopting ballot
language for the November 2004 referendum concerning
City Charter Amendments
Paralegal Matusick read Ord. 2004-0-25 into the record.
City Manager Hooper made a staff presentation.
City Manager Hooper and Pat Card, Charter Review Committee
Chairman, answered questions presented by Councilwoman Lichter
with regard to the rotation of Vice Mayor.
Councilwoman Rhodes addressed the reasons presented by Mr. Card
that the Committee had for not agreeing with the rotation of Vice
Mayor.
City Manager Hooper highlighted the other proposed Charter
amendments.
Mayor Schmidt opened the public hearing.
Ferd Heeb, 115 N. Riverside Drive
David Newell, 3116 Lime Tree Drive, employee, Edgewater
Fire/Rescue Department
Mr. Newell answered questions presented by Councilwoman Lichter
and Councilwoman Rhodes.
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Council Regular Meeting
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Mayor Schmidt asked city Manager Hooper to explain this wording
or other wording that could be used. city Manager Hooper stated
if the idea is to provide total installation that the Fire
Department could not be contracted, the current wording does not
do that.
There was further discussion regarding the possibility of there
being a guarantee the city will always have a Fire Department.
Jeff Lariscv, 1523 Sabal Palm Drive, employee, Edgewater
Fire/Rescue Department
Mayor Schmidt closed the public hearing.
city Manager Hooper informed the Council they could pick all of
the proposed amendments, some of them or none of them. All they
are doing tonight is passing it on to a second reading.
Mr. Card answered questions presented by Councilwoman Rhodes.
Mr. Heeb feels the Charter doesn't need to be so cluttered with
details and the responsibility to develop departments rests with
the Council.
Councilwoman Lichter expressed confusion with regard to Section
4.04.
City Manager Hooper suggested they go over each item one at a
time and tell him what they want to do and a wrap up vote in the
end.
It was the consensus of Council that term limits should go before
the voters.
It was the consensus of Council that the rotation of Vice Mayor
should go before the voters.
It was the consensus of Council that the limitation on borrowing
should go before the voters.
It was the consensus of Council to use the wording of the Charter
Review Committee and for City Manager Hooper to clarify some
language with regard to the Police Department/Fire-Rescue
Services Department.
It was the consensus of Council that the residency requirement
should go before the voters.
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Councilwoman Rhodes moved to approve Ord. 2004-0-25 as presented
and modified by the Charter Review Committee and look at auestion
four to see if they can clarify some lanauaqe, second by
Councilman Brown.
The MOTION CARRIED 4-0.
There was a ten-minute recess at this time. The meeting recessed
at 8:30 p.m. and reconvened at 8:40 p.m.
D. 1st Reading, Ord. No. 2004-0-26, adopting ballot
language for the November 2004 referendum concerning
Capital Improvement Projects
Paralegal Matusick read Ord. 2004-0-26 into the record.
City Manager Hooper made a staff presentation.
Mayor Schmidt opened the public hearing.
The following citizen spoke:
Pat Card, 3019 Willow Oak Drive
City Manager Hooper answered questions presented by Mr. Card.
Mayor Schmidt closed the public hearing.
Councilman Brown moved to approve Ord. 2004-0-26, adoptinq ballot
lanauaqe for the November 2004 referendum concerninq Capital
Improvement Proiects, second by Councilwoman Lichter.
The MOTION CARRIED 4 -0.
E. Res. No. 2004-R-10, supporting community effort to
initiate Phase II, Implementation Strategies, for Smart
Growth Initiatives in Volusia County, and authorize
financial support to assist in the Program (tabled June
21 , 2 0 0 4 , I tern 6 I )
City Manager Hooper made a staff presentation.
Paralegal Matusick read Res. 2004-R-10 into the record.
Mayor Schmidt opened the public hearing.
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The following citizen spoke:
Ferd Heeb, 115 N. Riverside Drive
Dave Ross, 2803 Needle Palm Drive
Mayor Schmidt closed the public hearing.
Councilwoman Rhodes moved to approve Res. 2004-R-I0, supportinq
community effort to initiate Phase II, Implementation strateqies,
for Smart Growth Initiatives in Volusia County, and authorize
financial support to assist in the Proqram, second by
Councilwoman Lichter.
The MOTION CARRIED 4-0.
F. Res. No. 2004-R-11, supporting Volusia County
Transportation Bond Program
Paralegal Matusick read Res. 2004-R-11 into the record.
City Manager Hooper made a staff presentation.
Mayor Schmidt presented his feelings on this.
are going to do 10th Street and feed them on to
which he feels is a road that can't handle it,
address something.
He feels if they
Mission Road,
they need to
City Manager Hooper explained Mission Road is in the County's
long range plans.
Councilman Brown moved to approve Res. 2004-R-ll, supportinq
Volusia County Transportation Bond Proqram with a letter beinq
sent to the County with stronq lanauaqe that they need to look at
~ssion Road, second by Councilwoman Lichter.
The MOTION CARRIED 4-0.
7. BOARD APPOINTMENTS
A. Firefighters' Pension Fund Board - nomination by
Councilman Brown to fill seat due to an expired term
Councilman Brown moved to reappoint Martin Tse to the
Firefiqhters' Pension Fund Board, second by Councilwoman Rhodes.
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The MOTION CARRIED 4-0.
B. Construction Regulation Board (7) - nominations by
Councilman Vincenzi to fill seats due to expired terms
and to replace a member who has moved outside of City
limits
This item was tabled due to Councilman Vicenzi not being present.
8 . CONSENT AGENDA
A. Property Disposition Services Agreement - staff
recommending approval of a one (1) year renewal with
Property Bureau, Inc.
B. Terra Mar Sewer System Rehabilitation Project - staff
recommending approval of Change Order #1, a $72,646.00
reduction from the original amount, authorize project
closeout and issue final payment of $19,588.50 to
S.O.S. Construction Corporation
C. Curbside Residential Recycling Services Agreement -
staff recommending approval to award Agreement to
Southard's Enterprises, Inc. Due to an emergency
situation caused by Florida Recycling Services, Inc.
termination their contract with the City
Councilwoman Rhodes commented on Item B and there being a
reduction from the original amount. She feels it is nice to be
under.
Councilwoman Rhodes asked if Southard's contract is for two
years. City Manager Hooper confirmed the term of the contract is
from July 20, 2004 to September 30, 2007 with the option to renew
for two additional two-year terms.
Mayor Schmidt pulled Item C from the Consent Agenda.
Councilwoman Rhodes moved to approve Items A & B on the Consent
Aaenda, second bv Councilman Brown.
The MOTION CARRIED 4-0.
City Manager Hooper commented on the recycling contract with
Southard's being the duration of the contract the city had with
Florida Recycling. Nothing has been changed except the start
date of July 20, 2004.
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There was a brief discussion regarding the City being fair and
equitable. City Manager Hooper spoke of this being an emergency
due to Florida Recycling saying they will not continue. He
confirmed it is acceptable because it is an emergency. Under
normal conditions, the City would not do this.
Councilwoman Lichter moved to accept the award of the recvclincr
services to Southard's Enterprises, Inc., second bv Councilman
Brown.
The MOTION CARRIED 4-0.
9. OTHER BUSINESS
A. Setting of Millage Rate - staff recommending approval
to advertise the millage for fiscal year 2005 at 6.45
mills
City Manager Hooper made a staff presentation.
Finance Director Jon Williams identified the roll back rate as
being 6.2869.
Councilwoman Lichter moved to advertise the millacre rate for
fiscal year 2005 at 6.45 mills, second bv Councilwoman Rhodes.
The MOTION CARRIED 4-0.
B. First Amendment to Interlocal Agreement - staff
recommending approval of Amendment for modification to
the East Volusia Local Governmental Fire-Rescue and
Emergency Medical Services Automatic Aid and Closest
Unit Response System to include the City of Daytona
Beach Shores
City Manager Hooper made a staff presentation.
Councilwoman Lichter moved to approve the Amendment for
modification to the East Volusia Local Governmental Fire-Rescue
and Emercrencv Medical Services Automatic Aid and Closest Unit
Response System to include the City of Davtona Beach Shores,
second bv Councilwoman Rhodes.
The MOTION CARRIED 4-0.
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10. OFFICER REPORTS
A. City Clerk Wadsworth had nothing at this time.
B. Paralegal Matusick had nothing at this time.
C. City Manager Hooper
City Manager Hooper went over a map regarding the Williamson
Boulevard Extension. The County is asking that the Council
notify them that Alternate B1 is an acceptable alignment.
City Manager Hooper further commented on if the alignment is set
the property owner is obligated to dedicate the right-of-way and
then the roads to be constructed become a combination of
public/private. That is the only way he will recommend to
Council that they get into this. It was the consensus of Council
to send a letter to the County.
Councilman Brown didn't like Alternate B1. He preferred the one
closer to the interstate due to there being less impact on the
environment and the animals.
City Manager Hooper further explained if they build Williamson on
the most easterly, if you go to develop there will be another
road to the west. The idea is to find a central one road.
It was the consensus of Council to send a letter to the County
recommending Alternate B1.
11. CITIZEN COMMENTS/CORRESPONDENCE
The following citizen spoke:
Pat Card, 3019 Willow Oak Drive
A. Tentative Agenda Items
There were no Tentative Agenda Items to be discussed at this
time.
12. ADJOURNMENT
There being no further business to discuss, Councilwoman Rhodes
moved to adjourn. The meeting adjourned at 9:17 p.m.
Minutes submitted by:
Lisa Bloomer
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