06-21-2004 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
JUNE 21, 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
City Attorney Scott Cookson
Present
Present
Present
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. PRESENTATION/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS
A. Recognition of appointed/reappointed Board/Committee
members
Mayor Schmidt recognized Douglas McGinnis and Fred Fathi for
their reappointment to the Economic Development Board.
B. police Chief Ignasiak presenting a plaque to Officer
Robert Hazelwood for "Officer of the Quarter".
Police Chief Ignasiak presented a plaque to Officer Robert
Hazelwood for being named the "Officer of the Quarter".
C. Healthy Start Coalition of Flagler and Volusia Counties
Executive Director Lize Kalashian reporting on their
services and requesting funding
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Lize Kalashian, Healthy start Coalition, 412 Shorewood Lane, New
Smyrna Beach, presented a report of the services and programs
they provide. Ms. Kalashian asked the Council to consider in
their budget for next year contributing an amount of $4,715.00 to
the Healthy Start Coalition.
Ms. Kalashian answered questions presented by Councilwoman
Lichter.
Ms. Kalashian presented packet of information for the Council to
City Clerk Wadsworth.
4. CITIZEN COMMENTS
The following citizens spoke:
Andv Anderson, Pine Tree Drive
Dianne GiLbar, 103 Shangri La Circle
Dominic Capria, 606 Topside Circle
Jeanne De~Niaro, 3130 Tamarind Drive
RoV Henniaan, 2726 Mango Tree Drive
Pat Card, 3019 Willow Oak Drive
Rav Anderson, 1905 S. Riverside Drive
Dave Ross, 2803 Needle Palm Drive
5. CITY COUNCIL REPORTS
Councilwoman Lichter commented on the water less garden at Menard
May Park that was a cooperation between our Recreation Department
and the Water Authority. She encouraged people to look at how
nice it is. She stated in City Hall there are booklets on how to
design a water wise landscape for your property.
Councilwoman Lichter stated Steve Kintner has come up with an
ordinance starting July 1, 2004 regarding a different way to do
new lots. Builders are going to have ex-many feet for grass. In
the rest of the lot what takes the most water will be together,
the middle amount together and the end. The City has notified
local builders they would be wise to attend the workshop that is
being held.
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Councilwoman Lichter commented on the workshop four of them
attended regarding the extending of Williamson Boulevard.
Councilwoman Rhodes had nothing at this time.
Councilman Vincenzi had nothing at this time.
Councilman Brown asked if they can do anything about the arrows
on SR 442. City Manager Hooper stated they have spoken to DOT
and they are looking at it. They haven't commented back or
responded yet. Their statement to date is the spacing between
the streets, there was the choice of five-lanes or medians.
Councilwoman Lichter commented on DOT putting up a sign where the
speed limit went from 55 to 35 without any warning. They did put
a sign up in between before the horsefarm.
City Manager Hooper informed Council they are also changing the
speed limit from 55 to 45 to 35 coming into Florida Shores from
1-95.
Mayor Schmidt thanked Mr. Visconti for his video of the
dedication ceremony of the World War II Memorial in Washington,
D.C.
Mayor Schmidt commented on the conference he attended in Reno.
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Cost Sharing Agreement - City of Edgewater, Boston
Whaler and Edgewater Harbor
B. 2nd Reading, Ord. No. 2004-0-11, Edgewater Harbor LLC,
requesting an amendment to the Comprehensive Plan
Future Land Use Map from Volusia County Industrial to
City Mixed Use with Conservation Overlay for
approximately 60 acres of property located at 4015 US 1
(continued from 6/7/04, Item 6A)
C. 2nd Reading, Ord. No. 2004-0-21, Edgewater Harbor, LLC,
requesting an amendment to the Official Zoning Map from
Volusia County 1-3W (Waterfront Industrial) to City
RPUD (Residential Planned Unit Development), approval
and authorization for execution of the associated PUD
Agreement for 60~ acres of property located at 4015 US1
(continued from 6/7/04, Item 8B)
City Manager Hooper made a staff presentation regarding Items A,
B, and C.
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Mike Myers, President, Boston Whaler, made a presentation on
behalf of Boston Whaler.
city Manager Hooper commented on the letter regarding the
annexation of Boston Whaler, which outlines certain conditions
that need to be addressed in a pre-annexation agreement.
city Attorney Cookson described the changes to the final
agreement and outlined the cost sharing.
city Attorney Cookson and City Manager Hooper addressed concerns
expressed by Councilwoman Lichter, Councilman Brown, and
Councilman Vincenzi.
Mayor Schmidt opened the public hearing for the cost sharing
agreement.
The following citizen spoke:
~ke Visconti, 316 Pine Breeze Drive
Jeanne DelNiaro, 3130 Tamarind Drive
Gene Filer, 3434 Yule Tree Drive
John Zino, 718 Navigators Way
Dominic Capria, 606 Topside Circle
Mayor Schmidt closed the public hearing.
Councilwoman Rhodes moved to authorize the Mavor execute the cost
Sharina Aareement, second bv Councilwoman Lichter.
The MOTION CARRIED 4-1. Councilman Vincenzi voted NO.
City Manager Hooper made a brief staff presentation with regard
to Ord. 2004-0-11.
Due to Ord. 2004-0-11 being read at the June 7, 2004 meeting, no
reading was required for this meeting.
Mayor Schmidt opened the public hearing.
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The following citizens spoke:
John Cordeiro, 1515 Pine Tree Drive
Ed Keenan, 1905 Pine Tree Drive
Mayor Schmidt closed the public hearing.
Councilwoman Rhodes moved to approve Ord. 2004-0-11, Edaewater
Harbor LLC, reauestina an amendment to the Comprehensive Plan
Future Land Use Map from Volusia County Industrial to City Mixed
Use with Conservation Overlay for approximately 60 acres of
property located at 4015 US 1, second by Councilwoman Lichter.
The MOTION CARRIED 5-0.
Due to Ord. 2004-0-21 being read at the June 7, 2004 meeting, no
reading was required for this meeting.
city Manager Hooper made a brief staff presentation regarding
Ord. 2004-0-21.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Lichter moved to approve Ord. 2004-0-21, Edaewater
Harbor, LLC, reauestina an amendment to the Official Zonina Map
from Volusia County 1-3W (Waterfront Industrial) to City RPUD
(Residential Planned Unit Development), approval and
authorization for execution of the associated PUD Aareement for
60+ acres of property located at 4015 USl, second by Councilman
Brown.
The MOTION CARRIED 5-0.
There was a fifteen-minute recess at this time. The meeting
recessed at 8:55 p.m. and reconvened at 9:10 p.m.
D. Public Hearing, Waste Services of Florida dba Florida
Recycling Services, Inc. requesting the use of video
equipment and one (1) person per vehicle
city Manager Hooper made a staff presentation.
Mayor Schmidt opened the public hearing.
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The following citizens spoke:
Andy Anderson, 1730 Pine Tree Drive
~ke Visconti, 316 Pine Breeze Drive
Dominic Capria, 606 Topside Circle
Joe Briarton, Waste Services of Florida dba Florida Recycling
Services, Inc., spoke on behalf of Florida Recycling Services.
Ferd Heeb, 115 N. Riverside Drive
Dave Ross, 2803 Needle Palm Drive
John Cordeiro, 1515 Pine Tree Drive
Wayne Southard, 3027 Queen Palm Drive
Mayor Schmidt closed the public hearing.
Councilwoman Lichter, Councilman Brown, Councilwoman Rhodes and
Councilman Vincenzi presented their feelings on this matter.
Councilwoman Lichter moved to ask the present recyclinq firm to
put two people on each and every truck, second by Councilwoman
Rhodes.
The MOTION CARRIED 5-0.
E. Public Hearing, Charter Review Committee recommending
approval of revisions to the City Charter, and for
placement on the November 2004 Referendum
Pat Card, 3019 Willow Oak Drive, Chairman, Charter Review
Committee, made a presentation on behalf of the Committee with
regard to their recommendations.
Mayor Schmidt thanked the Committee.
There were no comments from the Committee members.
Mayor Schmidt opened the public hearing.
The following citizen spoke:
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Dominic Capria, 606 Topside Circle
Mayor Schmidt closed the public hearing.
City Manager Hooper described the process the Council will need
to follow.
There was a discussion pertaining to Section 4.04 with regard to
adding the Police and Fire Departments to this section of the
Charter.
City Attorney Cookson elaborated on his comments made with regard
to Section 4.04.
Mayor Schmidt mentioned the Closest Unit Response Agreement and
the Eastern Cities Agreement. City Manager Hooper elaborated.
Mayor Schmidt opened the public hearing.
The following citizens spoke:
David Newell, 3116 Lime Tree Drive, employee, Edgewater
Fire/Rescue Department
steve Cousins, 2504 Mango Tree Drive, employee, Edgewater
Fire/Rescue Department
John Zino, 718 Navigators Way
Chris Balmer, 148 William Street
Mayor Schmidt closed the public hearing.
Councilwoman Rhodes would like to see something added regarding
rotating the Vice Mayor position by district every year instead
of electing between themselves.
Councilwoman Lichter, Councilwoman Rhodes, Mayor Schmidt,
Councilman Vincenzi and Councilman Brown presented comments on a
per item basis regarding the proposed changes to the Charter.
With regard to excluding term limits from Section 3.04,
Councilwoman Lichter, Councilwoman Rhodes, Mayor Schmidt and
Councilman Brown all wanted the term limits excluded. Councilman
Vincenzi did not.
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With regard to including "special" elections under Section 3.08,
Councilwoman Lichter, Councilwoman Rhodes, Mayor Schmidt and
Councilman Brown all wanted this included. Councilman Vincenzi
did not.
With regard to adding Public Safety Services (Police and Fire) to
Section 4.04, Councilwoman Lichter, Councilwoman Rhodes, Mayor
Schmidt, Councilman Vincenzi and Councilman Brown all wanted this
added to Section 4.04.
With regard to Section 4.11 requiring the City Manager, City
Attorney, City Clerk and department heads in charge of public
safety to reside within the City, Councilwoman Lichter,
Councilwoman Rhodes, Mayor Schmidt, Councilman Vincenzi and
Councilman Brown all wanted this included in Section 4.11.
With regard to rotating the Vice Mayor position according to
district, Councilwoman Lichter, Councilwoman Rhodes, Mayor
Schmidt, Councilman Vincenzi and Councilman Brown all would like
to see this placed on the ballot.
Councilwoman Rhodes moved to include all five items on the
November ballot, second bv Councilman Brown.
The MOTION CARRIED 4-1. Councilman Vincenzi voted NO.
City Manager Hooper informed Council City Attorney Cookson would
do the ballot language and the ordinance language which will be
reviewed by the Charter Review committee and will come back to
Council for two readings by August 31st.
F. 1st Reading, Ord. No. 2004-0-22, Glenn Storch, agent
for Massey Enterprises, requesting annexation of 131~
acres of property located east of Old Mission Road,
north of the abandoned FEC railroad, and south of
Mission Oaks Condo
This item was pulled and continued until August 2nd. City
Manager Hooper informed Council it was pulled so the land use and
zoning could be brought in at the same time.
Councilwoman Rhodes moved to continue this item until AUGUst 2~,
second bv Councilwoman Lichter.
The MOTION CARRIED 5-0.
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There was a five-minute recess at this time. The meeting
recessed at 10:25 and reconvened at 10:30 p.m.
G. 1st Reading, Ord. No. 2004-0-23, amend Chapter 11
(Occupation 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
(continued from 6/7/04, Item 6F)
City Attorney Cookson 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 (Occupation Licenses, Taxes and Requlations) of
Article I (General) by amendinq Sections 11-7 (Administrative
Fees, Application Fees and Inspection Fees) and 11-8 (License Tax
Schedule) of the Code of Ordinances, second by Councilman Brown.
The MOTION CARRIED 5-0.
H. Res. No. 2004-R-09, Richard Beckwith, owner, requesting
abandonment of a six-foot (6') planting buffer located
at 2753 Alamanda Drive for a proposed minor lot split
to create a separate building lot
City Attorney Cookson read Res. 2004-R-09 into the record.
City Manager Hooper made a staff presentation.
Due to there being no further comments, Mayor Schmidt opened and
closed the public hearing.
Chief Planner Darren Lear addressed concerns expressed by
Councilwoman Lichter.
Councilwoman Rhodes moved to approve Res. 2004-R-09, Richard
Beckwith, owner, requestinq abandonment of a six-foot (6')
plantinq buffer located at 2753 Alamanda Drive for a proposed
minor lot split to create a separate buildinq lot, second by
Councilman Brown.
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The MOTION CARRIED 5-0.
I. 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
City Attorney Cookson read Res. 2004-R-10 into the record.
City Manager Hooper made a staff presentation, answered questions
and address concerns expressed by Councilman Vincenzi,
Councilwoman Lichter and Councilwoman Rhodes. They are looking
for an amount between 4,000 and 6,000 dollars.
Mayor Schmidt opened the public hearing.
The following citizen spoke:
Jack Hayman, 3003 Travelers Palm Drive, Volusia County
Councilman, commented on when this would be implemented.
Mayor Schmidt closed the public hearing.
Councilman Vincenzi and Councilwoman Lichter expressed their
concerns with this item.
Councilwoman Rhodes and Councilwoman Lichter would like to see
how other cities feel about this.
Councilman Vincenzi requested a more detailed copy of the
information.
Councilwoman Lichter moved to table this item, second bv
Councilman Vincenzi.
The MOTION CARRIED 4-1. Mavor Schmidt voted NO.
7 . BOARD APPOINTMENTS
A. Citizen Code Enforcement Board (3) - nominations by
Council members Brown, Vincenzi and Rhodes to fill
seats due to expired terms
Councilman Brown suggested Ed Corn be reappointed.
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Councilman Vincenzi nominated Jean Kayat.
Councilwoman Rhodes suggested Gene Mirabella be reappointed.
Councilman Brown moved to reappoint Ed Corn and Gene Mirabella
and appoint Jean Kavat, second bv Councilwoman Lichter.
The MOTION CARRIED 5-0.
8 . CONSENT AGENDA
There were no items on the Consent Agenda to be discussed at this
time.
9. OTHER BUSINESS
There was no Other Business to be discussed at this time.
10. OFFICER REPORTS
A. City Clerk Wadsworth had nothing at this time.
B. City Attorney Cookson informed Council this would be
his last meeting. He is resigning from his law firm on
July 2nd and he has taken a position with a local home
builder. He further commended the staff. He also
complimented City Manager Hooper for the work he does.
C. City Manager Hooper explained Paul Rosenthal will be
available whenever the City needs someone.
1) Capital Improvement Projects
City Manager Hooper went over the Capital Improvement Projects to
be placed on the ballot for the November 2, 2004 General
Election. He asked for Council input regarding which projects
they would like to present to the voters.
City Manager Hooper answered questions presented by Councilwoman
Rhodes, Councilwoman Lichter, and Councilman Brown.
Mayor Schmidt asked the public if they had any comments.
The following citizens spoke:
Ferd Heeb, 115 N. Riverside Drive
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Dominic Capria, 606 Topside Circle
John Cordeiro, 1515 Pine Tree Drive
City Manager Hooper answered questions presented by Councilman
Brown and Councilwoman Rhodes.
It was the consensus of Council to draft an ordinance that has
the five projects listed to be brought back for Council approval.
Councilman Vincenzi stated he is for the City Hall and the Fire
Station and Police/Fire Administration Building but nothing else.
City Manager Hooper went over a list of business establishments
that do not have handicap accessible parking.
City Manager Hooper answered questions presented by Councilwoman
Rhodes.
city Manager Hooper informed Council if the city tells these
businesses that they are not in compliance and are in violation
they will have to enforce it.
Councilwoman Rhodes feels they could ask them to provide a
handicap space but they shouldn't require it if the law doesn't.
Mayor Schmidt suggested they do a courtesy letter first without
stating they are in violation to make some businesses aware.
City Manager Hooper suggested instead of issuing violations
through Code Enforcement that a courtesy letter be issued through
the City Clerk's Office.
The following citizen asked to speak:
Ferd Heeb, 115 N. Riverside Drive
It was the consensus of Council to send a courtesy letter.
11. CITIZEN COMMENTS/CORRESPONDENCE
There were no Citizen Comments/Correspondence at this time.
A. Tentative Agenda Items
There were no Tentative Agenda Items to be discussed at this
time.
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Councilman Brown so moved, second by Councilwoman Lichter.
The MOTION CARRIED 4-0.
Councilman Brown moved to reappointina Fred Fathi to the Economic
Development Board, second by Councilwoman Rhodes.
The MOTION CARRIED 4-0.
B. Planning & Zoning Board - Councilman Brown's nomination
to fill a vacated seat due to an expired term (tabled
from June 7, 2004)
Councilman Brown thanked Anton Heeb for his time on the Board.
Councilman Brown moved to appoint Todd Fuhrmann to the Plannina &
Zonina Board, second by Councilwoman Rhodes.
The MOTION CARRIED 4 -0.
8. CONSENT AGENDA
A. Event Lease Agreement - staff recommending approval for
Mayor to execute Agreements for the use of vacant
property located at the corner of Lamont and N.
Ridgewood Avenue and the corner of E. Palm Way and S.
Ridgewood Avenue for parking during the fireworks
display occurring on July 2nd.
B. state Highway Lighting, Maintenance and Compensation
Agreement Work Order (FY04/05) - staff recommending
authorizing Mayor/City Manager to execute a Work Order
and Agreement Certification with FDOT for a lump sum
payment to the City of $16,184.54.
Councilwoman Rhodes moved to approve the Consent Aaenda, second
by Councilman Brown.
The MOTION CARRIED 4-0.
9. OTHER BUSINESS
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Council Regular Meeting
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A. Elevated Water Tank Improvement Program - staff
recommending approval of Notice to Award Bid to Utility
Service Co. Inc. for refurbishing the tank in Florida
Shores and demolition of the Park Avenue tank for the
budgeted amount of $175,000 and authorize the Mayor or
City Manager to execute the contract
This item was discussed earlier on the agenda.
10. OFFICER REPORTS
A. City Clerk Wadsworth had nothing at this time.
B. City Attorney Scott Cookson and Paralegal Matusick had
nothing at this time.
C. City Manager Hooper
1) Elks Lodge
City Manager Hooper stated the Elks Club has found a new home.
Councilwoman Rhodes commended City Manager Hooper for the job he
did working with the Elks.
11. CITIZEN COMMENTS/CORRESPONDENCE
There were no Citizen Comments/Correspondence at this time.
A. Tentative Agenda Items
There were no Tentative Agenda Items to be discussed at this
time.
12. ADJOURN
There being no further business to discuss, Councilwoman Rhodes
moved to adjourn. The meeting adjourned at 10:58 p.m.
Minutes submitted by:
Lisa Bloomer
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