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11-07-2001 - Special ...., ...", CITY COUNCIL OF EDGEWATER SPECIAL MEETING NOVEMBER 7, 2001 6:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Schmidt called the Special Meeting to order at 6:00 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 Legal Assistant Robin Matusick Present Present Present Excused Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE TO THE FLAG There was a silent invocation and pledge of allegiance to the Flag. MEETING PURPOSE The purpose of the Special Meeting is to declare the election results from the General Election held November 6, 2001. RESOLUTION 2001-R-23 Mayor Schmidt read Res. 2001-R-23 into the record. City Manager Hooper informed the Council they needed a vote to approve the resolution and that has the results tabulated into it. Councilman Brown moved to approve Res. 2001-R-23, second by Councilwoman Lichter. The motion CARRIED 4-0. SWEARING IN MAYOR AND CITY COUNCIL City Clerk Wadsworth swore in Mayor Schmidt, Councilman Brown, Councilman Vincenzi and Councilwoman Lichter. City Manager Hooper asked when Councilwoman Rhodes would be sworn in since she couldn't be at the meeting. City Clerk Wadsworth stated she would be sworn in at the next Regular Council Meeting she will be attending. COUNCIL COMMENTS Councilman Brown thanked everyone that helped on his election and the citizens that elected him for the next four years. In the last two years they have really shown a lot of progress in our City and he hopes the next four year he will be able to help to do the same thing. For the very first time an entire Council and Mayor was re-elected. It has never happened in our City before. He feels this is something to be proud of. Councilman Vincenzi stated he didn't actually run but he did run for election unopposed which he hopes is an indication of confidence that people have in him. He thanked the people of Edgewater and hopefully they can do their jobs to the best of their abilities. '-" ....., Mayor Schmidt stated he was in the same boat as Councilman Vincenzi that he was lucky and fortunate and he feels showing that all five of them got back in, they aren't going to please everybody all the time but hopefully this shows they are on the right path and doing what the people want for the most part to be done and they can just keep moving forward. He feels the City has a great team. Councilwoman Lichter stated she is very pleased that she was back with this particular group. She has enjoyed working with them for two years. They bring diversified ideas. They may differ but in the end they can reach a consensus to move forward. The stability of the new staggered term will bring our City will be very helpful. She thanked the citizens that had confidence in her to put her in for her third second two-year term. She stated there are problems out there and they have not addressed them all and they must direct their attention to them. Some are short term goals and some are long term goals. She ran into a gentleman at the grocery store that she had never seen in her life pulled her handout out of his pocket and said I have a problem and he would like her to address it. Councilwoman Lichter stated her workers worked the polls yesterday and they were so happy with the cordialness of Edgewater. She stated the fellows from the State that were US #1 when she went by, started waving and she pulled over. was the head of the project that was local here repaving the roads and he said that he thought Edgewater was such a nice community that when he needed the Police or needed some assistance they were there in no time at all. doing He Councilwoman Lichter stated thank you for giving me two relaxed good years with good companions and good government. She thanked the citizens of the City that have faith in her. CITIZEN COMMENTS Doris Hill, 112 Lincoln Road, stated Hurrah! Dominic Capria, 606 Topside Circle, congratulated all the winners. The only thing that disturbs him is the percentage of the vote. He would hope that there would be more people that would come out and represent this City. Councilwoman Lichter stated some people thought only two polls were open because there were only two districts having an election. She feels they need to do a better job of explaining this kind of thing. The Chamber did not have the customary debate this year which usually stirs up some interest. Paul Jenkins, willow Oak Drive, stated he thinks that until the national election laws are changed where voting is allowed until 8 p.m. or 9 p.m., you aren't going to get the working class people to the polls. A lot of them aren't home by 7 p.m. and a lot of them leave before 7 a.m. Mr. Jenkins asked how many absentees we got. City Clerk Wadsworth informed him 117. Mr. Jenkins asked how that compares with normal. City Clerk Wadsworth stated for the last city election there was 147. Mr. Jenkins asked how they did on the primary with the tax bill. city Clerk Wadsworth informed him the City was not involved. Mr. Jenkins stated over the tax issue, there was a lot more absentees pushed. There did come in a higher percentage of absentees than normal. He compared New Smyrna's turnout and Edgewater's turnout. He believes we have more working age people than New Smyrna does. Page -2- Council Special Meeting November 7, 2001 ..... .."", Councilwoman Lichter stated the New Journal makes picks from Ormond Beach to New Smyrna and west to Deland and Deltona and they stop short again of stirring up that extra type of thing. She feels they have a harder job and a few debates in some of the clubhouses wouldn't have hurt. OFFICER REPORTS city Clerk Wadsworth stated she is glad everyone is back an she looks forward to working with them all again. Legal Assistant Matusick congratulated everyone. City Manager Hooper also congratulated everyone. City Manager Hooper informed the Council of the work session coming up. They have spent the past few days going over and gathering noise ordinances from other cities in Volusia. He is going to package them and let the Council digest some of those early. He asked Council if they are interested in them trying to create some type of ordinance or do they want to talk about it first and give direction at that meeting. He is going to walk through them with Council and tell them how others are controlling some of them either through noise, zoning rules or land development requirements, have public input if they are going to be there and at that time Council will direct which way they want staff to develop a response to that. At this point he wasn't planning on putting something together because he doesn't know where Council is headed. Councilwoman Lichter asked if other participants than them going to be involved. City Manager Hooper explained the workshops are usually for the Council to talk among themselves. If public is here, it is usually limited. Those become the public hearings. Councilwoman Lichter stated when they met with Oak Hill anyone that wanted to speak had that opportunity and it made it feel more like a workshop. City Manager Hooper feels if they are interested in public input, they should hold a public hearing. If it is a work session, that is Council's work session. Councilman Vincenzi would like some input from staff as far as what they see if feasible and enforceable. City Manager Hooper informed Council they would have City Attorney Scott Cookson here for that meeting. At this point he feels they should limit the first round of discussion among themselves. If there is a lot of audience here, maybe they should hold a separate public meeting. Councilwoman Lichter stated she needs two parts to that. The Special Permit aspect but also what they have as zoning now. City Manager Hooper informed her they would get three parts, Special Activity Permit, Zoning Requirements and Noise Ordinances and abatement. Mr. Capria asked if there will be limited or no public comments at the workshop. Mayor Schmidt stated in the workshop there will be some time for public but the workshop first and foremost will be for them to get together and work out a plan on what they want to do. Mr. Capria asked if there will be any public comment. Mayor Schmidt stated there will be limited. He isn't going to get the whole workshop turned into a public meeting because then they get nothing done. There will be separate public hearings and different things like that but they have to get their eggs in a basket first. There will be some that can be directed strictly to the issue and not naming names and doing all that stuff. Page -3- Council Special Meeting November 7, 2001 ~ ~ Councilwoman Lichter stated the issue in general and not specifically for one place. Councilman Vincenzi stated it is going to apply to a number of different businesses in town. City Manager Hooper stated they are also going to talk about a grant application coming up for an ampitheater that has outdoor entertainment so it will apply across all of it and that is what they need to talk about. Doris Hill, 112 Lincoln Road, asked if she can come in and get the Code Book to read the new codes. She would like to look at 6A, 39 and 39A as it applies to B-3. She would like to see what the difference is between B-3 and B-2 and what it actually says they are entitled to do. City Manager Hooper told Ms. Hill to come in and meet with Robin. Ms. Hill stated right now she is of the opinion that it doesn't address noise at all and it doesn't address whether the music can be inside or outside. City Manager Hooper informed her she was correct, it addresses nuisance. Ms. Hill stated under the licensing, if it doesn't specify outside dining, almost every city that she knows of when you go to outside dining, anything outside, your license covers everything inside. The rules are different for eating outside. She would like to look at what the codes say. Councilman Brown stated we are lucky we have enough cities that we can draw information from that have the same problem as we do and we can maybe use a little bit from each one and make our code the best for our city. City Manager Hooper stated he has read through each one and there is no one answer. That is what Council is going to struggle with. He is going to make a recommendation to Council that he thinks would be workable once they get to that point. Paul Jenkins, willow Oak Drive, stated with respect to the public participation workshop, it might be good to use the terminology limit to constructive suggestions only. ADJOURNMENT There being no further business to discuss, councilwoman Lichter moved to adjourn. The meeting adjourned at 6:28 p.m. Minutes submitted by Lisa Bloomer Page -4- Council Special Meeting November 7, 2001