Loading...
10-01-2001 - Regular -- ...""" CITY COUNCIL OF EDGEWATER REGULAR MEETING OCTOBER 1, 2001 7:00 P.M. COMMUNITY CENTER MINUTES 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 Legal Assistant Robin Matusick Present Present Present Excused Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. APPROVAL OF MINUTES There were no minutes to be approved at this time. PRESENTATIONS/PROCLAMATIONS/PLAOUES/CERTIFICATES/DONATIONS James Giambra, Woodmen of the World Life Insurance society, stated he brought associate Kyle McMahan and that he has been a resident in Edgewater for 26 years and he can't think of a better place to live. He turned his presentation over to Kyle McMahan. Kyle McMahan commented on the flying of the American Flag and what it symbolizes. He further commented on the Woodmen of the World Life Insurance Society. He spoke about the history of the American Flag. Mr. Giambra presented Mayor Schmidt with an American Flag. Mr. McMahan informed the Council if they work at a church or a school and have a flag pole to contact Mr. Giambra for a flag. Mr. Giambra presented small flags to the Council for their podiums. CITIZEN COMMENTS .pat Card, 3019 willow Oak Drive, expressed concern with the seeming arrogance of the utilities that are operating within the city. He wondered when and how the Council intends to get them as concerned about aesthetics as they are. He spoke about the concrete poles on Indian River Boulevard. He then spoke about the BellSouth junction boxes on U.S. #1. He went on to speak about pipes in the corner of a parking lot on Roberts Road within ten feet of Roberts Road and within five feet of the driveway to the shopping center and the telephone boxes that stand four feet high on corner lots. He asked Council what their plans are. He feels it is arrogant to put these boxes in people's yards when they can put them flat instead of standing them up. These are corporations who operate in near monopoly organizational structures that the City licensed to operate this way. He asked Council when they will be ready to put some limitations on these near monopolies that operate under the City's licensure. '-' ...." Mr. Card feels they should consider that some of them know that to enjoy their modern conveniences they must be willing to compromise their right to complete free use of their property. He feels the residents should be considered when these monopolies do this. He asked Council what they will do when it is time to renew their agreements with these monopolies. Councilwoman Lichter informed Mr. Card each one of them spoke at the last meeting and she said that it does appear at that moment legally they can not move this but she believes the utilities can come up with a less obtrusive structure. She feels what they stopped short of was a plan. The two gentlemen from BellSouth got the message very clear. Mr. Card feels if they are going to consider this, they have to be tough on this one because these people operate at the Council's pleasure. Mayor Schmidt suggested they pass this on as a topic to Steve Dennis from the chamber at the next meeting of the three cities so they can address some ideas and thoughts for the future. He suggested having a representative from each utility at a workshop to hear some of the concerns they have for the future. city Manager Hooper stated Legal Assistant Matusick is researching and looking at other cities that have put in some kind of restrictions. This new telecommunication simplified tax law that went into effect has a provision that you can control the right-of-way when they pass a new ordinance somewhat more control than they have now. That doesn't mean they don't have the right to put similar size boxes but you can control some negotiations on where they actually go. He feels there are ways to improve what is there. Bob Sammons, 203 Parkwood Lane, expressed concern with the water drainage problem along Riverside Drive. They have made several calls to the Stormwater Department about this and they have had no feedback. On Thursday night he attended a meeting at the Library with the Corp of Engineers and st. John's River Water Management. They mentioned flood control programs available to this area. When he mentioned this to Troy Rice of st. John's he said it is obviously a very poor drainage design. He feels it could be corrected and there may be some help available from st. John's or federal funds. Councilwoman Lichter stated she asked Mr. Sammons to come and speak tonight but during Council reports she would tell Council about flood control and it is one of the things that the operating engineers is working on and there is money available for it because they don't want pollutants in the river caused by flood control. City Manager Hooper stated tomorrow morning at 11:00 they are having a meeting to go over what they had recently as flooding. This is one of the areas they will be looking at. Mr. Card stated he promised some of the volunteers at Seminole Rest that he would mention they have had problems with nude swimmers at Seminole Rest. Apparently they are having problems in a number of places around this area. He wants to make sure the Police Chief has whatever tools are necessary for him to be able to deal with this because they didn't have a nudity law of any sort in Oak Hill and flat refused to do anything about it. Police Chief Ignasiak stated there are State Statutes which cover this about indecent exposure. He agreed to contact Police Chief Beckstrom tomorrow. He is sure he is aware of the State laws that prohibit this. There are law enforcement devices already on the books for them to take action about inappropriate conduct. Page -2- Council Regular Meeting October 1, 2001 -- ..""", Dominic Capria, 606 Topside Circle, asked what the $3 million was for in the budget for the FIND project. He asked if it is for infrastructure and roads. City Manager Hooper informed him yes. Mr. Capria stated he thought it was $450,000 that they wanted for those projects and now they are up to $3 million. City Manager Hooper stated the $400,000 was for the engineering design of those projects. The construction bid was about $3.1 million to build the containment site, the road that goes back there, the drainage, the water, the sewer, and underground utilities. Mr. Capria asked if we are spending the $3 million for the developer. City Manager Hooper explained the $3 million is the money given to the City by FIND to do the work for FIND. Jim Slaughter, 206 Parkwood Lane, stated he doesn't understand the high water and high tide business. He feels when the tide goes down the water should be low enough to go out the drainage ditches. CITY COUNCIL REPORTS Mayor Schmidt stated a gentleman approached him today about signs on SR 442 about kids and school buses. His concern was when the buses stop and let the kids out, the cars on the other side keep going. He asked if that is one of the roads when a school bus stops they should be stopping on the other side. City Manager Hooper explained they are free to continue on the other side of the divided median part. Mayor Schmidt asked if there is a way to ask or get some cautionary signs just as reminders. City Manager Hooper suggested they could talk to the School Board and DOT regarding signage for that road. Mayor Schmidt spoke about rubbish pickup and there not being enough coverage. He drove to the meeting down SR 442 and down Riverside and noticed the piles. City Manager Hooper stated they are shifting to overtime to get that picked up. They have two vehicles that can pick it up and one was in the shop. It got back last Thursday. He spoke about the tremendous amount that has already been picked up. They are going to give this another week and if they still can't get it picked up they are going to contract to bring somebody else in like they did before after the last big storm. Mr. Wadsworth is very much aware that there are frustrations growing to get that picked up. Mayor Schmidt spoke about a sheet that was handed out for the Volusia League of cities and asked the Council to look at it and give any thoughts or ideas they have to City Clerk Wadsworth in the next couple of days. Mayor Schmidt spoke about the new bar that is being worked on in New Smyrna. There is a lot of talk going on about that bar and what the plans are for it that aren't legal right now but thoughts are they are going to try and do it and push it all the way up to the Supreme Court. citizens in Edgewater don't want to have the possibility that something like that can cross over to us. If we don't have the strongest language in place that we need that they can address it. He feels it is clear that the citizens of Southeast Volusia don't want that element anywhere near it. City Manager Hooper strong as it gets. Cookson and updated new. Mayor Schmidt Chamber issues. explained the City's ordinance is about as He agreed to get back with City Attorney and review it to make sure there is nothing suggested this also be another one of the Page -3- Council Regular Meeting October 1, 2001 ~ ~ Councilman Brown stated they have been waiting for the YMCA to start on the pool and according to the last report they got from them they should be starting at the end of this month. They need more help. He urged anyone that has not joined the YMCA to do so. He feels we really need to be behind them. Councilman Brown feels the flags that were presented this evening are really spectacular. He would like to salute the citizens of Edgewater because everywhere you go you see something patriotic. Councilman Vincenzi stated he was walking his dog at 9:00 last night on Sabal Palm Drive and he heard the music from the No Name Saloon. He took a ride by and it was loud last night. He knows they were having a benefit and raising money for a good cause but he feels something needs to be done about that. Elizabeth DiMascio, 1918 S Riverside Drive, stated this issue has come up many times before. It wasn't that bad for her because the band was playing towards u.S. #1. She stated they just widened that whole property. She doesn't understand how that property could have gotten extended. Mayor Schmidt stated they bought the property next door. Ms. DiMascio asked if anyone went back there to look how close they are to the lots on Riverside Terrace. Councilman Vincenzi stated he did. Ms. DiMascio stated the Council wrote up an ordinance on nudity and they do that there now. Mayor Schmidt stated this Council has talked at different times regarding a noise meter and that we don't have one. It doesn't seem like the business at No Name or any of the other bars is dropping down. He feels the benefit they had was great and so was the cause but maybe it is to that point. He feels maybe it is time to invest in a meter and the process where we have more of a concrete control on this. Councilman Vincenzi stated he would like to know what the noise level standards are. City Manager Hooper stated that is when it gets difficult. There are numbers and units of measurement. What they have tried to do in the past when it is a nuisance and somebody complains, they have had very good success when they have shown up and said it was loud and asked them to turn it down. He feels last night was an exception. They had a day long event. He lives right down the street too and he heard it the same time everybody else did. He hasn't heard it in months. He agreed last night was too much. There are numbers they can look at for meters and get a sound meter. Those things are difficult to enforce. There are rulings throughout the State. You have to have certified meters and certified meter operators. He agreed to look at a meter if Council wants him to but he would prefer to continue to work with the owners and try to get that under control. Mayor Schmidt stated he knows with them buying the property next door and clearing it, that opens up more space for the noise to flow. Councilwoman Lichter suggested sound barriers. City Manager Hooper asked Council to keep in mind that during their events, they shut down at a reasonable time and go inside. He agreed to speak to them and see what they can do to help buffer some of that. Doris Hill, 112 Lincoln Road, stated yesterday wasn't the exception. Every time they have come before any Council and asked to extend their hours and have that music move outside, they have gone through torture. It is terrible. The first time they were given permission, they were given permission on one vote that was split. If one person on that Council voted the other way, we wouldn't be talking about it tonight. Page -4- Council Regular Meeting October 1, 2001 'lW' ...." Ms. Hill feels the problem is that they have the band outside. They need to have it inside if they are going to have a band and they need to close the doors because the rest of them shouldn't be subjected to that. Every time they come up with an excuse to do it, they do it. They come before this Council and council says yes so just say no. Councilman Vincenzi stated they do not do that anymore. It is all staff decision. He questioned how they rectify that. City Manager Hooper explained there zoning category they are in does not have a special event permit so they do not come back to Council on those events like they did years ago. The way to change that is to describe that Council wants staff to look into and doing something or more restrictive to that such as sound controls. He agreed to get Council a copy of the sound standards and they can go through those. He feels their best effort is to first approach them and describe to them the severity of the problem and work with them over trying to solve it. Councilman Brown asked if there is any City that has the meter and qualified people that is close by us that we could possibly pay them when they know someone is going to have an event. city Manager Hooper stated there are cities or there are laboratory firms that can do that. city Manager Hooper stated he would meet with them and describe to them that there is a problem. Dominic Capria, 606 Topside Circle, agreed with Ms. DiMascio. Approximately six months ago they talked about the same thing. He feels they should stop talking about it and do it. Councilwoman Lichter feels the meter could apply to other things than that. We have had a couple of complaints over the years about people working in their garages late at night using machinery that is noisy. She feels everyone reacts differently to noise. City Manager Hooper spoke about in the past a stereo company that was working out of a garage. They were able to get compliance by talking to them and they have had success doing that and they have had success with this particular bar. He feels they are doing a reasonable job to try and comply with what they are agreeing is minimal impact on our neighbors. Bob Sammons, 203 Parkwood Lane, stated if you come out of Boston Road to go north or south on u.S. #1 they very often allow cars to park at their front door and it is a very shallow lot at that point but the vehicles do park there on a very narrow shoulder and you can not see down u.S. #1 at all. He feels that is another situation they need to keep an eye on. Mike Visconti, 316 pine Breeze Drive, spoke about bus stops on divided highways. He asked if the City has an ordinance that both ways you have to stop. Mayor Schmidt stated that is a State road with a State ordinance. He was behind a school bus the other day and there was an incident crossing u.S. #1 and it was pretty dangerous. Councilwoman Lichter stated September 26th she attended the joint workshop of the united States Army Corp of Engineers and st. John's River Water Management District at the Library about a seven year study to look into the river for definite purposes such as improving fish and wildlife habitat, water quality and recreational potential, flood protection and many ideas were mentioned. This particular aspect of it is called Indian River Lagoon north and it involves, Volusia, Brevard and Indian River Counties. They did mention the Edgewater project with regard to reclaimed water. Page -5- Council Regular Meeting October 1, 2001 ~ ~ Councilwoman Lichter stated most important was this concept that they don't want the river polluted and pollutants come from flood waters. These projects are seven year projects and involve millions of dollars but there is some fast cash that can be done in three and four years. It was her opinion that those two groups put in the initial money and she asked that they check this through. Councilwoman Lichter spoke about VOTRAN and the bus going to the YMCA. She received a letter from Ms. Plaskett regarding VOTRAN stopping on request and go down the street to the YMCA, otherwise that is not a normal stop. Also by a phone call they will pick people up at the YMCA. It is on a request type basis. She asked that this be mentioned in the newsletter. Councilwoman Lichter spoke about a Council on Aging luncheon she went to. The key speaker was Bentley Lipscomb and he is the head of the AARP in Florida. He feels on the whole Volusia County is doing a great job. She further spoke about Edgewater being a growing elderly community. She spoke about the greatest problem being prescription drugs and transportation. She asked to put that on the list for the Chamber. Councilwoman Lichter spoke about the church service they attended last night at the Baptist Church in New Smyrna. The Police Chief and Fire Chief were honored and it really was a marvelous service. Mayor Schmidt asked Mr. Corder to make sure the YMCA is aware of VOTRAN. Mr. Corder stated they are and they were supposed to post that letter out there. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 2nd Reading. Ord. No. 2001-0-60. Amendinq Article VI (Sign Regulations). Article VII (Non-Conforming Uses) and Article VII (Administration) of the Land Development Code city Manager Hooper asked that this be continued for two weeks until October 15th. B. Res. No. 2001-R-21. Supportinq the Countv of Volusia and surroundinq municipalities toward the adoption of a countv-wide container law (~Bottle Law') City Manager Hooper made a staff presentation. Legal Assistant Matusick read Res. 2001-R-21 into the record. Laura Wooley, Southeast Volusia Chamber of Commerce, thanked the Council for adding the resolution to the agenda. It is something the Litter Committee has had on their agenda for three years. They have spoken to the State Representative about it. All they are asking is that Council supports and encourages the County Council to consider creating a vehicle for this to be done in the County so that other counties will see that it works. She spoke about the Bottle Law in Michigan where she is from. She further spoke about bottles being returned clean and there being a handling fee involved for the grocers. The County has the right to make whatever rules they want. There will be a lot of containers that aren't returned and redeemed. People will have paid a deposit and won't get it back. The moneys that are collected that don't end up being returned could be split up among the grocers and a portion could go to the recycling company that is going to see a reduced revenue. Recycling as a whole, in all of the states that have done a bottle law has increased by 50%. Page -6- Council Regular Meeting October 1, 2001 '-' ...., Mayor Schmidt opened the public hearing. Pat Card, 3019 willow Oak Drive, asked if this is bottles only, no cans. Ms. Wooley stated it is cans as well. Mr. Card asked if everything will be 10 cents. Councilwoman Lichter stated they are just suggesting a resolution. How it ends up in the County Council level may be different. Mr. Card stated at this time last year, they would have spent the money on Budweiser that you had in Nortel and just turned the bottles in you would be better off. There is money in these bottles. Paul Jenkins, Willow Oak Drive, asked if it also counts the plastic bottles. Ms. Wooley stated most of the states are in the process of updating their bill to include the plastic bottles. Mr. Jenkins feels this is something that is necessary that needs to be done but it also needs to be carried further. It needs to be carried to hazardous waste. That is the only way to get hazardous waste returned to the proper place, is to have a deposit on it so somebody gets paid to take it back. Mayor Schmidt closed the public hearing. Councilman Brown stated when he was growing up all your bottles that your soda pop came in were glass and part of your existence was taking the bottles back. He thinks if this is passed and the people get used to it again and return the bottles, they will have a lot less litter. Mr. Jenkins feels it makes perfect fund raisers for the schools and other organizations. Councilwoman Lichter stated the Litter Committee in Edgewater who works in conjunction with the Litter Committee in New Smyrna and the Chamber, is in favor of presenting this to the County Council. After cleaning up this City on Clean Scene Day they had a pile, not only of junk but of bottles. Certainly this is between the seller and the buyer and that is where the burden should be, not on volunteers picking it up. She doesn't know how much longer all of them will be enthusiastic about doing that. Councilwoman Lichter spoke about someone contacting her against this that said that a can is just like a rock. She feels a can sticks out like a sore thumb. A can is a can and a rock is natural. Councilwoman Lichter spoke about a bottle bill in Connecticut that went through all kinds of rebirthings. It ended up that the big stores had machines in there that you put your can in and you got a nickel back. They also see it as providing job opportunities for people. She sees no harm in presenting this to the County Council who seem to be rather environmentally concerned and letting them take a look to see what they can do. Councilman Vincenzi feels the bottle bill is a good idea but he has a few problems with it such as kids picking up bottles and cans to make money and it being a fee that is on beverages that are sold and everyone assumes that the people that are doing the littering are the ones that are going to care about bringing the bottles back and he doesn't agree with that. He feels it is a good idea in concept but he thinks it needs to be worked out better. Councilwoman Lichter stated the statistics do prove in the states where they put them in that they are actually getting a lot more bottles back. Councilman Vincenzi feels the people that are conscious of litter and conscious of their community are recycling and are returning the stuff without a fee. He feels it should be worked out better with maybe more restrictive litter laws. Page -7- Council Regular Meeting October 1, 2001 '-' ~ Doris Hill, 112 Lincoln Road, asked what this means with our recycling bins. We won't need them anymore right. She puts all of her cans, bottles and newspapers in the recycling bin. Ms. Wooley explained this would only be beverage cans such as beer cans, soda cans, water bottles and things like that. Ms. Hill stated she can't imagine every time she goes to the grocery store not only having to take a bag out but a bag back. She feels it would be a big pain in the neck. Mike Visconti, 316 pine Breeze Drive, feels this is the same as littering. He spoke about what he feels is involved with having to take the things back to the store. He doesn't feel this is going to work. Mayor Schmidt stated they are sending a letter to the County to say we support it and let's start working on it. He feels they need to start the process and see if a bottle bill can be developed that everyone agrees on. This won't be a cure all. He supports the idea and feels it needs to get started somewhere. Councilman Brown moved to approve Res. 2001-R-21, second by Councilwoman Lichter. The motion CARRIED 3-1. Councilman Vincenzi voted NO. CONSENT AGENDA A. Recreation/Cultural Services Board Appointment - Counciwoman Rhodes to consider reappointinq Michael Visconti for another three year term. This item was continued due to Councilwoman Rhodes not being present. OTHER BUSINESS A. Land Clearinq and Grubbing of Hawks Park Ballfield Complex - staff recommendinq acceptance of bid from Yancey's Land Clearinq. Inc. and authorization for City Manaqer to execute contract ($38.642.50) City Manager Hooper made a staff presentation. Staff recommends approval. Councilwoman Lichter moved for approval, second by Councilman Brown. The motion CARRIED 4-0. B. Purchase and Sale Aqreement - requestinq authorization for Mayor to execute Aqreement on to close property located at 110 Rhode Island for $68.000 City Manager Hooper made a staff presentation. The building will be used as an administrative building to house Animal Control and Code Enforcement. Councilwoman Lichter asked where they have this money. city Manager Hooper state this money is in the General Fund. Councilman Vincenzi asked if it was budgeted. city Manager Hooper stated no it was not and it will come to Council as an amendment to the budget. Staff recommends they look at buying it. Mayor Schmidt asked Fire Chief Barlow if they are causing a problem on that corner with parking. Fire Chief Barlow explained what they are planning to do is utilize the adjacent field behind this property which the City currently owns and use some of that for the parking of Animal Control along with Code Enforcement which is already using that for parking. Page -8- Council Regular Meeting October 1, 2001 .... ..., Mayor Schmidt asked City Manager Hooper if he had any idea how much they would have to put into the house. City Manager Hooper commented on very little changes that will have to be made Councilman Vincenzi moved for approval, second by Councilman Brown. The motion CARRIED 4-0. OFFICER REPORTS City Clerk Wadsworth reminded Council of the Election on next Tuesday. Legal Assistant Matusick had nothing at this time. City Manager Hooper spoke about redistricting. They have the census numbers formally back to us. Looking at the City Charter and the schedule they are looking at about January to have redistricting back in front of Council. This is for the City only. These are usually done at our level. The bands for the four districts would be slightly adjusted. They are looking at our population at about 19,000. They would have four districts of about 4,750 or so people in each of those districts. He commented on the process they could follow to do this. He suggested they bring this back to Council and show it to them on a regular agenda. If the Council agrees to what the districts look like they would have an ordinance to be placed on the agenda in the following two weeks. That would be occurring at the first meeting in January. Council agreed with this process. Councilwoman Lichter asked if City Manager Hooper is going to factor in unknown numbers of persons. city Manager Hooper stated they are going to factor where there are known individuals and then they look at the area. A lot of the area they have annexed is vacant. Councilwoman Lichter asked how many years this lasts for. City Manager Hooper informed her ten years. City Manager Hoper asked Council to take a look at the revised list of donations that he believed Council approved and authorized. They reserved $1,852 for Council to decide in the future. They want to send this to all of the individuals who have requested money so they would know at this point how much they have allocated. City Manager Hooper informed Council of the full agenda they have coming up through the end of the calendar year. They have scheduled a large hearing on December 3rd for the Comp Plan amendments. They have gotten the comments back from the State and are working with the State over some slight and very small modifications. city Manager Hooper asked if they can advertise this as the Council's schedule for the balance of this calendar year. Council had no problem with this. city Manager Hooper informed the Council all of the Union Contracts have been approved. CITIZEN COMMENTS/CORRESPONDENCE There were no citizen comments at this time. ADJOURNMENT There being no further business to discuss, Councilman Vincenzi moved to adjourn. The meeting adjourned at 8:33 p.m. Minutes submitted by: Lisa Bloomer Page -9- Council Regular Meeting October I, 2001