01-05-2004 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEE TING
JANUARY 5, 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. PRE SENTATIONS/PROCLAMATIONS/PLAQUE S/CERTIFICATES/DONATIONS
A. Recognition of appointed/reappointed Board/Committee
members
Mayor Schmidt recognized the following Board/Committee members:
Elizabeth Donahue, Elizabeth DiMascio, Debrah Brazzell, Karen
Mason, Gene Mirabella and Rene Green.
4. CITIZEN COMMENTS
There were no citizen comments at this time.
5. CITY COUNCIL REPORTS
Councilwoman Lichter met Linda Moore at Ocean View Nursing Home.
She is a City employee who is a very special person. She wanted
to inform the Council she is over there and to send a card.
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Councilwoman Lichter spoke about the Achievement of Excellence in
Financial Reporting. She feels this is an honor the City has
received from the Government Finance Officers Association.
Councilwoman Lichter stated in the past they have been under the
impression if they want to ask a question of the City Attorney
they would go through Robin. She spoke of there being matters
where they could contact the City Attorney directly.
Councilman Brown stated Governor Bush is having a Mentoring
Symposium on January 12th in St. Petersburg. He encouraged the
public to become mentors.
Councilman Brown stated he was invited to a significant birthday
party. Tom Alcorn's twin aunts turned 101 years old.
Councilman Vincenzi stated he was at the same party and he can
attest to the fact that you don't want to hire Councilman Brown
as entertainment.
Councilwoman Rhodes had nothing at this time.
Mayor Schmidt wished everyone a Happy New Year. He thanked staff
and everyone involved for a great 2003. He feels Edgewater
continues to make great strides. He is looking forward to an
even better 2004.
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. 2nd Reading, Ord. No. 2003-0-15, amending Chapter 21
(Land Development Code) Article XVII
(Development/Impact Fees) to update and codify all
existing impact fees (law enforcement, fire, water,
sewer, parks/recreation) and add a new impact fee
(local roadway) and add development fees (pedestrian
and sidewalk, tree preservation/relocation)
Mayor Schmidt read Ord. 2003-0-15 into the record.
City Manager Hooper asked to take the agenda out of order. They
will go over Item A first and then they will jump to Item H, Item
B, Item F and Item G.
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Council Regular Meeting
January 5, 2004
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City Manager Hooper made a staff presentation regarding what they
have done with impact fees to date. He then went over the
package given to Council tonight, including the Staff Report
Concerning Transportation Impact Fees and the letter to the
Volusia Home Builders Association from Fowler White Boggs &
Banker, their attorneys, addressing their concerns with the
transportation impact fee ordinance.
City Manager Hooper recommended they do the study. It will take
about two to three months to get the a number back in front of
Council and adopt it by an ordinance similar to what was being
proposed tonight. City Manager Hooper also made mention of an
extension of the time period until February 1st. They have also
asked that there are several contracts that are underway but not
submitted as building permits that those be extended until March
15th. That is probably an accurate situation. This would be
about a $2,000 increase in impact fees per household.
City Manager Hooper answered concerns of Councilwoman Lichter
regarding this including new reclaimed water customers, not
existing. With the money the Council has already authorized and
the City has fronted to build, fix, repair and expand the
reclaimed system and all the expansion they went through last
year, this is one of the means to take it off of the current
customers and put it on the new customers as it is expanded.
City Manager Hooper explained they are looking to adopt the
ordinance with the deletion of Section 21-323 regarding road
impact fees and a modification to the effective date of March
15th.
Mayor Schmidt opened the public hearing.
The following citizen spoke:
Cheryl Balombini, 1705 S. Riverside Drive
Mayor Schmidt closed the public hearing.
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Council Regular Meeting
January 5, 2004
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Councilwoman Lichter moved to approve Ord. 2003-0-15, amendina
Chapter 21 (Land Development Code) Article XVII
(Development/Impact Fees) to update and codify all existina
impact fees (law enforcement, fire, water, sewer,
parks/recreation) and add a new impact fee (local roadway) and
add development fees (pedestrian and sidewalk, tree
preservation/relocation) with the deletion of Section 21-323
reaardina road impact fees and a modification to the effective
da te of March 15tb, second by Councilman Brown.
The MOTION CARRIED 5-0.
City Manager Hooper informed the Council they will probably have
on the next agenda the proposal to do the Traffic Master Plan
study. He thinks it will cost in the $25,000 to $30,000 range.
H. Res. No. 2004-R-Ol, establishing a schedule of
Development/Impact Fees to Chapter 21 (Land Development
Code) Article XVII (Development/Impact Fees)
Mayor Schmidt read Res. 2004-R-Ol into the record.
City Manager Hooper made a staff presentation. The only thing in
this resolution is the deletion of Section 21-323.03 as well as
an effective date of March 15, 2004.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Lichter moved to approve Res. 2004-R-Ol,
establishina a schedule of Development/Impact Fees to Chapter 21
(Land Development Code) Article XVII (Development/Impact Fees)
with the deletion of Section 21-323.03 as well as an effective
date of March 15, 2004, second by Councilwoman Rhodes.
The MOTION CARRIED 5-0.
B. 2nd Reading, Ord. No. 2003-0-33, amending Chapter 21
(Land Development Code) Article XVI (Fire and Hazard
Prevention), by repealing Section 21-251 (Fire Impact
Fees)
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Council Regular Meeting
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F. 1st Reading, Ord. No. 2004-0-04, repealing Article III
(Parks & Open Space Impact Fees) of Chapter 12.5 (Parks
& Recreation) of the Code of Ordinances since it will
be added to Article XVII (Development/Impact Fees) of
Chapter 21 (Land Development Code)
G. 1st Reading, Ord. No. 2004-0-05, amending Chapter 19
(Utilities and Services) by repealing Article IV
(Impact Fees for Municipal Water Supply and Wastewater
Treatment Facilities Extension) of the Code of
Ordinances
Mayor Schmidt read Ords. 2003-0-33, 2004-0-04 and 2004-0-05 into
the record.
City Manager Hooper made a staff presentation regarding Item 6B,
Item 6F and Item 6G. The effective dates on these is March 15,
2004.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilman Brown moved to approve Ord. 2003-0-33, amendina
Chapter 21 (Land Development Code) Article XVI (Fire and Hazard
Prevention), by repealina Section 21-251 (Fire Impact Fees) with
an effective date of March 15, 2004, second by Councilwoman
Rhodes.
The MOTION CARRIED 5-0.
Councilwoman Rhodes moved to approve Ord. 2004-0-04, repealina
Article III (Parks & Open Space Impact Fees) of Chapter 12.5
(Parks & Recreation) of the Code of Ordinances since it will be
added to Article XVII (Development/Impact Fees) of Chapter 21
(Land Development Code) with an effective date of March 15, 2004,
second by Councilwoman Lichter.
The MOTION CARRIED 5-0.
Councilwoman Rhodes moved to approve Ord. 2004-0-05, amendina
Chapter 19 (utilities and Services) by repealina Article IV
(Impact Fees for Municipal Water Supply and Wastewater Treatment
Facilities Extension) of the Code of Ordinances with an effective
da te of March 15, 2004, second by Councilman Brown.
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Council Regular Meeting
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The MOTION CARRIED 5-0.
C. 1st Reading, Ord. No. 2004-0-01, Jeff Gove, authorized
agent for Andre Berard, requesting annexation of 1.01~
acres of property located at 118 Poinciana Road
Mayor Schmidt read 2004-0-01 into the record.
City Manager Hooper made a staff presentation.
City Manager Hooper answered questions presented by Mayor Schmidt
and Councilwoman Lichter.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Lichter moved to approve Ord. 2004-0-01, Jeff Gove,
authorized aqent for Andre Berard, requestinq annexation of 1.01+
acres of property located at 118 Poinciana Road, second by
Councilman Brown.
The MOTION CARRIED 5-0.
D. 1st Reading, Ord. No. 2004-0-02, amending the
Comprehensive Plan Future Land Use Map to include 1.01+
acres of property located at 118 Poinciana Road as Low
Density Residential with Conservation Overlay
Mayor Schmidt read Ord. 2004-0-02 into the record.
City Manager Hooper made a staff presentation.
City Manager Hooper answered questions presented by Mayor Schmidt
and Councilman Brown.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilman Brown moved to approve Ord. 2004-0-02, amendinq the
Comprehensive Plan Future Land Use Map to include 1.01+ acres of
property located at 118 Poinciana Road as Low Densitv Residential
with Conservation Overlay, second by Councilwoman Lichter.
The MOTION CARRIED 5-0.
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Council Regular Meeting
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E. 1st Reading, Ord. No. 2004-0-03, amending the Official
Zoning Map to include 1.01~ acres of property located
at 118 Poinciana Road as R-1 (Single Family
Residential)
Mayor Schmidt read Ord. 2004-0-03 into the record.
City Manager Hooper made a staff presentation.
City Manager Hooper and Chief Planner Darren Lear answered
questions presented by Councilwoman Lichter and Mayor Schmidt.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Rhodes moved to approve Ord. 2004-0-03, amendinq the
Official Zoninq Map to include 1.01+ acres of property located at
118 Poinciana Road as R-1 (Sinqle Family Residential), second by
Councilwoman Lichter.
The MOTION CARRIED 5-0.
F. 1st Reading, Ord. No. 2004-0-04, repealing Article III
(Parks & Open Space Impact Fees) of Chapter 12.5 (Parks
& Recreation) of the Code of Ordinances since it will
be added to Article XVII (Development/Impact Fees) of
Chapter 21 (Land Development Code)
This item was discussed earlier on the agenda.
G. 1st Reading, Ord. No. 2004-0-05, amending Chapter 19
(Utilities and Services) by repealing Article IV
(Impact Fees for Municipal Water Supply and Wastewater
Treatment Facilities Extension) of the Code of
Ordinances
This item was discussed earlier on the agenda.
H. Res. No. 2004-R-01, establishing a schedule of
Development/Impact Fees to Chapter 21 (Land Development
Code) Article XVII (Development/Impact Fees)
This item was discussed earlier on the agenda.
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Council Regular Meeting
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I. Res. No. 2004-R-02, authorizing the City to initiate
conflict resolution procedures under the Florida
Governmental Conflict Resolution Act against the City
of Oak Hill
City Manager Hooper made a staff presentation.
City Attorney Cookson explained he would prefer our position over
Oak Hill's position. The statute clearly says to annex property
it has to be contiguous to the City and there are certain
statutory requirements for an annexation of many of the parcels
they have attempted to annex that don't fit those requirements.
City Manager Hooper and City Attorney Cookson answered questions
and concerns presented by Councilwoman Lichter, Councilman
Vincenzi and Councilwoman Rhodes.
Mayor Schmidt read Res. 2004-R-02 into the record.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilman Vincenzi moved to approve Res. 2004-R-02, authorizina
the City to initiate conflict resolution procedures under the
Florida Governmental Conflict Resolution Act aaainst the City of
Oak Hill, second by Councilman Brown.
The MOTION CARRIED 5-0.
7. BOARD APPOINTMENTS
A. Citizen Code Enforcement Board (2) - Councilwoman
Lichter and Mayor Schmidt to nominate applicants to
fill two 3-year terms
Councilwoman Lichter nominated Ben Wagner.
Mayor Schmidt nominated reappointing Linda Johnson.
Councilwoman Lichter moved to appoint Ben Waaner and reappoint
Linda Johnson, second by Councilwoman Rhodes.
The MOTION CARRIED 5-0.
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8. CONSENT AGENDA
There were no items to be discussed on the Consent Agenda at this
time.
9. OTHER BUSINESS
A. MPO Pedestrian Task Force - Mayor's appointment to
replace Bob McGovern (pulled from agenda December 15,
2003)
Mayor Schmidt appointed Russell Mullen to the MPO Pedestrian Task
Force.
B. Creating a Tree Protection Requirements Review
Committee - staff recommending appointing five (5)
members to review Article V, Section 21-55 (Tree
Protection Requirements) of the Land Development Code
for possible changes
City Manager Hooper made a staff presentation. The names that
have been recommended are Kim Long, Daniel Young, Kristine
Pluscec, Joe Martin and Jo Hagan.
Councilwoman Lichter moved to accept the recommended names that
will make UP the new Tree Protection Requirements Review
Committee, second by Councilwoman Rhodes.
The MOTION CARRIED 5-0.
C. License Agreement - staff recommending approval of a
License Agreement between the City and FIND for use of
a 20' X 800' parcel and authorize the Mayor to sign the
Agreement
City Manager Hooper made a staff presentation.
City Manager Hooper answered questions presented by Councilwoman
Lichter, Councilwoman Rhodes and Mayor Schmidt.
Councilwoman Rhodes moved to approve the License Acrreement
between the Ci ty and FIND for use of a 20' X 800' parcel and
authorize the Mayor to sian the Acrreement, second bY Councilman
Brown.
The MOTION CARRIED 5-0.
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D. Legal Services - staff recommending approval to
contract and authorize the City Manager to finalize the
agreement with Glenn Storch to provide legal services
to the Citizen Code Enforcement Board
City Manager Hooper made a staff presentation.
City Manager Hooper answered questions presented by Councilwoman
Lichter.
Glenn Storch answered the concerns of Councilman Vincenzi.
Councilman Vincenzi moved to approve a contract and authorize the
City ManaO'er to finalize the aO'reement with Glenn Storch to
provide leO'al services to the Citizen Code Enforcement Board,
second by Councilwoman Lichter.
The MOTION CARRIED 5-0.
E. Interlocal Agreement - staff recommending approval of
an Interlocal Agreement providing for the establishment
of East Volusia Local Government Fire-Rescue and
Emergency Medical Services Automatic Aid and Closest
Unit Response System
City Manager Hooper made a staff presentation.
Councilwoman Lichter presented her feelings on this matter.
City Manager Hooper addressed concerns presented by Councilman
Vincenzi.
Councilman Vincenzi moved to approve the Interlocal AO'reement
providinO' for the establishment of East Volusia Local Government
Fire-Rescue and EmerO'ency Medical Services Automatic Aid and
Closest Unit Response System, second by Councilwoman Rhodes.
The MOTION CARRIED 5-0.
10. OFFICER REPORTS
A. City Clerk Wadsworth had nothing at this time.
B. Paralegal Matusick had nothing at this time.
C. City Manager Hooper had nothing at this time.
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11. CITIZEN COMMENTS/CORRESPONDENCE
There were no Citizen Comments at this time.
12. ADJOURNMENT
There being no further business to discuss, Councilwoman Rhodes
moved to adjourn. The meeting adjourned at 8:05 p.m.
Minutes submitted by:
Lisa Bloomer
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