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09-24-2001 - Regular '-' w CITY COUNCIL OF EDGEWATER REGULAR MEETING SEPTEMBER 24, 2001 8:15 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Schmidt called the Regular Meeting to order at 8:15 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 Present Present Present Present Present INVOCATION. PLEDGE OF ALLEGIANCE Mavor Schmidt spoke about the attack on America on September 11 th. The invocation was given by Reverend McCardel. The pledge of allegiance was led by Firefighter Shellie Lewis and Police Officer Mark Stone. Mayor Schmidt spoke about seeing the second plane that hit the World Trade Center. He spoke about not thanking certain people enough in this society the way it is set up. The real important people we don't pay enough money and we take them for granted. He spoke about sports people being paid millions of dollars. Mayor Schmidt encouraged people to walk into a Fire station or Police station if you are on vacation and thank them for what they do. He feels it takes something real big inside to serve and protect us. Councilman Brown feels Americans are united in a way they haven't been in a very long time. He proposed a resolution for the City Council to direct the departments of the city of Edgewater to research any and all ways be it by monetary donations or volunteer service to help the people. He asked to call it the United We Stand program. He would like to put it under the leadership of Fire Chief Barlow, Police Chief Ignasiak and Finance Director Goins. If this resolution passes he would like to start it by donating $100 in memory of his mother. He would also donate 10% of his total sales at Brown's Bookstore for his wife and would donate whatever time the people in charge of this need to assist them. He said God Bless America and God Bless Edgewater. Councilman vincenzi stated these terrorist acts are something that he feels hit every united States citizen pretty hard as well as people around the world. He talks to people in other countries quite a bit and they are all very sympathetic and very shocked. Other countries have experienced this type of thing for a number of years. We just never experienced this type of stuff in the United States. He feels it is a rude awakening. He feels the leadership in this country is going down the proper path trying to determine who is responsible and taking appropriate action. He said God Bless America. ~ ....., Councilwoman Rhodes stated she is married to a Police Officer who is also a reserve and there are only members of his unit that have not been called yet. He is on 24 hour recall and has to be ready to go in 24 hours if he has to. Councilwoman Rhodes stated we have a reserve fund that they just left for $1,000 and she has researched some funds. One is set up by Governor George Patacki that not only goes to the Police, Firemen and EMS workers, but also goes to every victim. She would like to see them take the $1,000 and donate it to that fund. She feels God has blessed America and he will continue to do so. Councilwoman Lichter spoke about being ten years old when the Japanese bombed Pearl Harbor. As a ten year old she really didn't feel the impact of what she does as a seventy year old. This country is the greatest country on earth. She spoke of traveling many places on earth and no one enjoys the freedoms we have here. Terrorists do not have freedom in their expressions. She feels they are not only jealous but fearful of these rights that we have as Americans. She further spoke about younger generations. She feels patriotism is not dead. America is united. She has never been so proud in her life to see what has happened to this country uniting itself. Councilwoman Lichter feels the Mayor of New York City has come forth as a knight in shining armor. She also said God Bless America. There isn't another place like it on earth. Fire Chief Barlow stated on September 12th the Volusia County Fire Chiefs Association coordinated all the Fire stations throughout the County as a drop off point for the September 11th Fund which grew statewide. As of Friday, the Edgewater community has contributed over $13,500 towards this fund. Volusia countywide has contributed over $150,000 and statewide as of last Wednesday was over $1 million. This fund will go to assist all the emergency workers that lost families. They are continuing to collect those funds at the Fire stations. They are depositing the funds at Sun Trust. Councilwoman Rhodes stated she knows through the Police Chiefs Association, different cities have offered volunteers to go to New York. She asked Fire Chief Barlow if they have that same option through the Fire Chiefs Association. Fire Chief Barlow informed her it is coordinated through their Disaster Mutual Aid Agreements which is regionalized and federalized. The only thing they are asking for now is specialized search and rescue teams and cadaver canines. Councilwoman Rhodes asked if we have volunteers from the Fire Department that would be willing to go there. Fire Chief Barlow informed her they have had several that have offered. Councilwoman Rhodes asked if we continue to pay these people when they do something like this. Fire Chief Barlow stated it depends on how they are activated. If they elect as a City to send them through the Florida Fire Chiefs Association and in the Mutual Aid they only take one or two members from each department so they don't tax anyone department, yes under a Mutual Aid Agreement they would go. They have had others that have volunteered to go using their vacation time. At this time they are being very organized there. Councilwoman Rhodes asked Police Chief Ignasiak if that works for his department as well. Police Chief Ignasiak explained they are a little different because the focus on the police side has been security. The FBI has requested each state to begin conducting security and threat surveys. Page -2- Council Regular Meeting September 24, 2001 '-' -.",I Police Chief Ignasiak further explained they have had people that want to go but at this time it would not be in the interest of the City of Edgewater, Volusia County or the state of Florida to send those people out of state. Unless you have a critical skill which they are missing or needing, they are asking the officers to stay in place and look after the threats in their own community. APPROVAL OF MINUTES A. Special Meetinq of September 10. 2001 B. Regular Meetinq of September 10. 2001 Councilwoman Rhodes stated on the Special Meeting minutes, on the second page in the middle of the page it says Councilwoman Rhodes asked if the police officers would be dedicated solely to traffic, those are motorcycle police officers, not regular police officers. Councilwoman Rhodes moved to approve the Special and Regular Meeting minutes of September 10, 2001, second by Councilman Vincenzi. The motion CARRIED 5-0. PRESENTATIONS/PROCLAMATIONS/PLAOUES/CERTIFICATES/DONATIONS A. Bill Kelly. School Board Representative. to discuss sales tax issue Due to Bill Kelly not being able to attend the meeting, Mary Pat Kennedy made a presentation regarding the ~ cent sales tax issue with regard to education. The ~ cent sales tax will be used to alleviate crowding, repair and renovate schools and reduce reliance on portables. She referred to the approved capital projects list and listed the cost for these projects. She encouraged everyone to vote on this issue on October 9th. Dr. Kennedy explained we are below the current tax rates of surrounding counties which are at 7%. They are asking for ours to increase to 6.5%. She further spoke about why they didn't go with a bond issue. Dr. Kennedy explained for the senior citizens that this would not be taxed on drugs, food or housing and it is not on anything over $5,000. Dr. Kennedy further explained this will educate our children, impact our economic development, improve our property values, provide emergency shelters, offer educational opportunities for all citizens and serve as centers of activities for neighborhoods. Paul Jenkins, willow Oak Drive, Member of citizens for Excellent Schools, timing not the areatest. He feels what caused what happened on September lIt was ignorance, lack of education and that is what they are fighting in the education system. Mr. Jenkins further commented on the portables. He spoke about tourism and the growth rate of people moving into this County and State. Under the present system, tourism does not pay for any of that growth except in the impact fees and the impact fees don't address the problem. Mr. Jenkins stated there is a three year hold in the resolution that was passed by the School Board to hold the general millage rate for three years at the 2001 rate if this is passed. Page -3- Council Regular Meeting September 24, 2001 ~ ...., Mr. Jenkins mentioned we can pay this now or we can pay two or three times more later if we don't do this with the sales tax. This isn't an extra tax. This is a more efficient way of accumulating the money and getting the schools built sooner. They will bond 1/4 of that money out, the $100,000,000 the first year. Mr. Jenkins stated they would like a resolution of some sort from the Council encouraging everyone to educate themselves and vote on this issue if possible. Councilwoman Rhodes has no problem with having a resolution for everyone to educate themselves and vote on this issue. city Manager Hooper stated when he talked previously to the School Board members, there is not a draft. What they had originally asked for was a draft resolution supporting this. The answer came back there was a resolution to place it on the ballot but there was not a draft resolution. He informed the Council if they want to support this to make a motion and they can send a letter of support and that is what the School Board members requested. Councilwoman Lichter stated at first she had a few reservations. She feels the main thing here is the seniors have a respect for education. She thinks people erroneously think that seniors are not for education. She supports this wholeheartedly. Councilwoman Lichter made a motion to support the ~ cent sales tax, second by Councilman Brown. Mayor Schmidt stated if this does pass there will be a committee formed that will oversee the construction and how the money is spent. He served on the Committee that originally came up with the two options of sales tax and property tax. He has showed an interest to be on the Committee that oversees the spending and the money can only go to the construction and renovations. Councilwoman Lichter spoke about having great trouble with trailers. She spoke about where money is going from the Lottery. Dr. Kennedy stated this year the lottery supported them. This year they received a little over $4 million and they used it to pay for art, music and physical education teachers. The motion CARRIED 5-0. B. Thomas Buell's Grievance with BellSouth City Manager Hooper made a staff presentation with regard to the Attorney's opinions for the City and BellSouth. He stated he thinks what Mr. Buell is asking the Council to do is direct BellSouth to relocate that box. Councilwoman Rhodes stated they can't do that. City Manager Hooper stated the Attorneys say they can't but he thinks that is what he is aSking the Council to do. Councilwoman Rhodes stated the Attorney said they can't and they pay him a lot of money to give them the expert opinion. City Manager Hooper stated he thinks there have been clear evidence from the Attorneys. Those type of equipment facilities are allowed in the public right-of-way. There are conditions in the public right-of-way that it can't obstruct view and can't be a safety hazard. The Council has heard some indication that BellSouth has tried to do the best they could do mitigate the view. BellSouth gave us a listing of other switch boxes throughout the City. City Clerk Wadsworth has taken pictures of forty boxes and has twelve to show the Council. Page -4- Council Regular Meeting September 24, 2001 'wi' ~ Thomas Buell, 1412 S. Riverside Drive, mentioned City Manager Hooper and some of the Councilmembers being aware that that box was going to be installed before it was installed. City Manager Hooper stated he doesn't think Council would have been but staff members were. There were discussions that that box was small and going to be replaced. He personally knew that. Mr. Buell stated so you were pre-informed and did not inform him. City Manager Hooper stated no he did not inform him. Mr. Buell stated he read both Attorneys opinions. He asked if he is correct in assuming that Ordinance 86-0-19 and state statute has given BellSouth the authority they are exercising now the right to make changes without any additional approval today such as permits or supervision. Are they interpreting that ordinance meaning that after they fulfill the requirements of that agreement in 1986 they no longer had to go back to ask for further agreements, supervision or approval and they now can do whatever they want? Is that his understanding of the Attorneys? If not, he would like to have permission to call Mr. Cookson to clarify this. City Manager Hooper stated Mr. Cookson is not here tonight but he thinks his letter is clear that BellSouth has authority to place facilities in the right-of-way. Not that they can place any kind of facility. They can place a facility that doesn't interfere with the use of the right-of-way or public safety of the right-of-way. Mr. Buell stated that was one of his complaints right off. He stated City Manager Hooper is the one that said that does not apply. Mr. Buell stated he had three complaints: one being they devalued his house when they put the box there, one was a safety issue because when you open the doors and there is a truck in front of there you can not see north on Riverside Drive, and one was obstruction of the beauty of the road. Mr. Buell stated City Manager Hooper went down there and said that there was no visual impairment. He threw out the safety issue. City Manager Hooper stated that is his opinion but at this point he doesn't feel there is a safety issue. Councilman Vincenzi asked Mr. Buell if he is saying it is a safety problem the way it is just standing there or when they work on it. Mr. Buell stated they can see when the doors are closed. He is talking about seeing north on Riverside Drive. When you pull up to the intersection on his side street and look north and the doors are open and a truck is parked out there you can not see up Riverside Drive. There is a good portion of Riverside Drive that is blocked. He hopes he is there someday when there is an accident because BellSouth is supposed to pay for it. Mr. Buell explained they generally park right in front of the box and have different size trucks. When the front cabinet doors are open, that blocks a good portion of the road and the truck in front of it blocks the rest of the road. Mr. Buell stated Mayor Schmidt spoke to his wife one time and he had the same difficulty. Mayor Schmidt stated he doesn't remember a phone call or a conversation with his wife about a box. Mr. Buell stated he spoke to her again tonight about it and she remembers talking to Mayor Schmidt and he said it is difficult to see around that when there is a truck parked there and the doors of the box are open. Mayor Schmidt stated with this case being as long as it is, could there be a possibility that it was Mayor Allman. Mr. Buell stated he didn't know. Page -5- Council Regular Meeting September 24, 2001 "-' ...., Mr. Buell asked Mayor Schmidt how long he has been here. Mayor Schmidt stated he has been Mayor almost two years. Mr. Buell stated it has been since the box was put in so it was him. He didn't say anything until that box was put in. He hasn't done anything verbally or physically as far as to his property until that box was installed. It was after that that he started actions. Councilwoman Rhodes stated the parking problem can be solved simply by not parking in front of the box by BellSouth. Mr. Buell stated he guessed it can. Mr. Buell stated he could talk about something else that City Manager Hooper got involved in and messed everything up. Councilwoman Lichter asked Mr. Buell if he felt the safety factor should be explored by someone with a little more expertise in safety. City Manager Hooper stated no. Clearly you have a box that is at the very extreme edge of the right-of-way. You have numerous boxes like this throughout the city where BellSouth stops and does periodic maintenance. He feels that is not a safety issue and clearly it is a use intended for within the right-of-way. Mayor Schmidt asked BellSouth normally when BellSouth parks wherever, aren't they required to put the two cones out, one in the front and one in the back even though someone should be able to see the big truck sitting there. Joe Petrock, BellSouth, commented on photos he had. Yes they have to follow safety practices and procedures of placing cones. He stated the old box had zero landscaping. The old box was 54" high, this box is 70". This box is three inches wider than the previous box. When you open the doors of this box it is 1 ~ inches wider than the previous box. The street is to the left and extends the whole property line. In the photos, it does not obstruct the right-of-way. He further explained some of his photos. Mr. Buell attested that they do put cones out. Mr. Buell again listed his three issues of concern. He would like to find out the legal part of this, which he asked and try to get an opinion. He read it out as far as the State is concerned and he is not getting an opinion on that. He again asked for permission to speak to Mr. Cookson for him to clarify that particular issue. Mayor Schmidt asked City Manager Hooper to have Attorney Cookson contacted Mr. Buell. City Manager Hooper clarified Attorney Cookson went onsite. Legal Assistant Matusick stated they parked in front of the box on the right-of-way down in the neighbor's driveway so you could see the flow of traffic in both directions and there was no problem. Mr. Buell stated so in other words you are rejecting the safety issue once again. That is up to ya'll unless or until an accident occurs. Legal Assistant Matusick stated they parked in front of the box and in the neighbor's driveway and there was no obstruction. Mr. Buell stated you didn't have the doors open and you didn't have a truck. He feels then she really isn't qualified to make statement like that. Mr. Buell spoke about the grass being killed. He contacted BellSouth and one of their level two managers came out. They looked at it and he didn't agree with Mr. Buell. He didn't see anything wrong. He said it was caused by catalytic converters. Page -6- Council Regular Meeting September 24, 2001 ~ ...", Mr. Buell stated when it rains trucks make ruts in the mud and it destroys the grass. It is doing a pretty good jOb of destroying the right-of-way that he fixed up a little over a year ago. In an effort to try and stop it he called BellSouth and asked to have it resodded, or seeded or fixed and to restrict the drivers from driving the length of the property in front of his house. Mr. Buell stated they were talking about them backing in on the side towards his neighbor's driveway which would give more visibility up the road and cause less destruction. An issue was brought up about watering. Originally he watered everything around there. When he put the fence up he changed his watering system. The gentleman asked him if he was going to water it and he said he would water new grass but he wouldn't water dead grass and there was a discussion about who is going to pay for it too. Mr. Buell stated he just paid $450 to have a tree trimmed that is sitting on a right-of-way on the side of his house that the City should have taken care of. It is a rotten tree and they trimmed quite a bit of it off. He stated there are three ways that could be watered if new sod was put down. He said City Manager Hooper said he doesn't have a problem with the trucks driving back and forth 100 feet in front of his house and he thinks that is fine. He doesn't see anything wrong with the dead grass out there. Councilwoman Rhodes asked to address the grass issue and feels they need to take this one issue at a time. city Manager Hooper stated they looked at the grass and there are spots of dead grass. He spoke to Mr. Buell and spoke to BellSouth. BellSouth indicated they wouldn't mind replacing some of the sod but they want to know where it ends because everything leads to something else. They have $3,000 invested in trees. He has talked to BellSouth about a pad and they aren't happy about putting a pad in. If that is Council's desire they would put a concrete pad to stop the trucks but they want to know where it stops. He doesn't think he can solve Mr. Buell's problem. He has tried countless methods and nothing works. Councilwoman Rhodes asked if the truck can park in the street for the time it was there with cones on it. City Manager Hooper stated they can but it is more dangerous to do that. Councilwoman Rhodes asked if the truck needs to be directly in front of the box. Mr. Petrock stated he doesn't know of any specific reason why it has to be. Councilwoman Rhodes stated there is a driveway right to the other side of this box. Would it not be possible to ask the owner of that house if the truck when it was there could park in the driveway as long as they moved it if the owner needed to get out of the driveway? Mr. Buell stated the manager he spoke to from BellSouth also made that suggestion. He suggested trucks back in instead of driving allover it and on the other side if necessary. The problem arose when he said he was going to have to put some kind of curb to designate for the drivers to go to this specific spot. That is when all of a sudden city Manager Hooper got authority that he didn't know if he could allow that. Before this he couldn't do anything to BellSouth. All of a sudden he has got all of this authority that he is pulling out of his hat. Councilwoman Rhodes informed Mr. Buell she didn't think they needed to make personal comments about City Manager Hooper. Mr. Buell stated he doesn't see it has a personal comment. He informed Councilwoman Rhodes she hasn't been privy to the conversations they have had. Councilwoman Rhodes stated they have a little thing about civility and respect and that is what they expect. Mr. Buell stated he thinks she needs to tell City Manager Hooper the same thing then. Page -7- Council Regular Meeting September 24, 2001 ...... ..., Mayor Schmidt stated he is thinking there are more than a couple servicemen that would service that box at any given time. He doesn't see how telling them to park in a certain spot would work. Mr. Petrock stated the grass is dead to the left of the box. They don't park next to the fence along the side of the box. The vehicles park in front of the box with cones in the front and back. Mr. Petrock further spoke about the box serving 1100 customers and now serving over double that. Mr. Buell asked for clarification of what Mr. Petrock said. Councilwoman Rhodes stated essentially the bare spot is up and to the left of the box. The trucks that are parking directly in front of the box are not parking on that bare sport. Mr. Buell stated yes they are and they are parking farther down. They are using 100 foot in front of his house. Councilwoman Rhodes stated that bare spot is very close to the fence and asked how they can park that close to the fence. Mr. Buell stated the other bare spot is further down and they could have backed in there. Mr. Buell stated you are thinking in terms of one truck at a time and there has been three and four trucks parked there. Councilman Vincenzi asked Mr. Buell if he is saying they have three trucks at a time parked there. Mr. Buell said the other day he quit counting at ten trucks and they were allover the place. Councilwoman Rhodes asked City Clerk Wadsworth to show some of the other boxes and the rights-of-way around them which she did at this time. Mr. Buell stated he does not like the palm trees and he doesn't like the fence he put up and it wouldn't be up except for that box. He further spoke about the trees he has planted in his front yard. Mayor Schmidt stated he doesn't think anything the Council says will help this situation. Mr. Buell read a letter from the CEO of BellSouth dated May 15, 2000 regarding the beautification that would be done around the box by the Beautification Committee and BellSouth. He stated he had no choice in the matter and left it entirely up to them. Nothing was done. They came out to the house and when he called city Manager Hooper's secretary and she researched and found out that BellSouth did promise to do this. He did not ask for these palm trees. He had already installed the fence and had already started planting the palm trees. Then BellSouth came in and saw what he was doing. The second level management person suggested putting more trees in. He informed him that would probably be the better idea or do whatever you want to do. He said he didn't care at this point. He would have continued putting the trees in. If he didn't like what they wanted, he would have dug them up and put these trees in. That was not part of his original plans for landscaping. City Manager Hooper stated that is not correct. There had been many discussions with BellSouth. They went out and he spoke to Mr. Buell about him picking landscape. Whether he picked these trees or not he is not sure. There is a letter in the Council's packet thanking the Council, himself and BellSouth for putting in all of the landscaping. The story changes and it's difficult to try to respond and answer and not take it on a personal level. Page -8- Council Regular Meeting September 24, 2001 "-" ...., Mr. Buell asked City Manager Hooper if he is saying last year he didn't write the letter. Mayor Schmidt stated he is not saying that. Mr. Buell stated everything City Manager Hooper is saying is BellSouth is telling the truth and Mr. Buell is lying for no reason at all. These people keep saying they paid $3,000. He paid $500 for two trees. He arranged for BellSouth to pay $750 for three trees. Somewhere along the line these people paid $2,300 for a couple of trees. They got ripped off bad. If he was them he would be keeping his mouth shut. They are talking about one of their second level management people who okayed this deal. He doesn't want to keep getting blamed for the $3,000 worth of trees and he is sick to death of talking about the whole thing quite frankly. Mr. Petrock stated the last time this was addressed Mr. Buell did not attend the meeting which was about ten months ago. Mr. Fisher did address the trees. Yes they did meet Mr. Buell on the trees. He asked Mr. Fisher to address the placement of the palms and whose request they were which he did at this time. He explained Mr. Buell chose the palm trees that they placed. Mayor Schmidt again asked City Manager Hooper to have City Attorney Cookson contact Mr. Buell. He can't see anything else we can do or BellSouth. Councilwoman Lichter stated obviously legally we can not instruct BellSouth to move the box but she feels they can check into if he has a unique situation and if they are really going 100 feet or not with the truck and if that is customary and can it be curtailed. She said she knows BellSouth is saying it has to be this tall but she thinks somehow with the know how and the power and money, BellSouth could design something that is a little less obvious and a little less obnoxious. She stated she cherishes the front of her property. When the cable people came and dug up on the right-of-way she got very upset because she cultivated that grass and it took a lot to grow and they never put it back the same. Councilwoman Lichter spoke about having the same type thing with the electric company on Indian River Boulevard with regard to the poles that were put in. She understands the legality but perhaps they can do something to help with the trucks driving on the 100 feet in front of his house. Councilwoman Rhodes feels BellSouth can devise a better box. Mayor Schmidt thanked the BellSouth gentleman for their help. Mayor Schmidt called a ten-minute recess at this time. Mayor Schmidt stated Councilman Brown was not feeling well so he excused himself at 9:50 p.m. CITIZEN COMMENTS Councilwoman Rhodes stated she is timing the comments for five minutes. Mike Visconti, 316 pine Breeze Drive, elaborated on the September 11 attack. He spoke about this bringing everyone together and becoming united. He asked the Mayor and Council to proclaim the month of October as September 11th Remembrance Month and send all the donations to Fire Chief Barlow. Page -9- Council Regular Meeting September 24, 2001 ~ ,..., CITY COUNCIL REPORTS Councilwoman Rhodes spoke on the September 11th tragedy. She agreed with not showing appreciation as a society and not appreciating those that are most valuable to us. She spoke to City Manager Hooper and decided maybe there was a few things the City could do for the City of Edgewater to show the appreciation they have for all City employees. They spoke about accommodating this in the budget next year in the personnel handbook. The first thing would be a $100,000 insurance policy for each City employee that is killed on the job. The second thing is that the City employees that are in the military reserves that are called to active duty should receive the difference in their military pay as opposed to their City pay. The last thing is that any City employee that is killed on the job, their family would receive their health benefits paid for by the City for a year or two years to be determined at a later date. Councilwoman Lichter asked if there is any conflict with the Union when they are dealing with the Police. City Manager Hooper stated no, we have personnel policies and procedures that are for City-wide employees. He would like to get those in a format and cost estimate and bring that back to Council to show what that would cost and how soon it could be implemented. Some of what is being described we have portions of. He agreed to work with Personnel Director Sigler. Councilwoman Rhodes feels it is important as a City to show the County, the State and the World that they value the human resources we have and those that are willing to lay their life on the line for them. Councilwoman Lichter stated the draft of the Water Supply Plan is finally finished. She feels it behooves them on october 25th at 9:00 a.m. Building Orange 110 of Daytona Beach Community College to attend the workshop. Councilwoman Lichter spoke about Votran. She has been trying for a long time to get the Votran bus to stop at the YMCA and she thought it was a dead issue. The woman from Votran said she talked to someone in the City and told them that by arrangement that bus would stop at the YMCA. She is going to call her and find out exactly what she means. She would like it arranged for youth as well as seniors. City Manager Hooper stated he believed Planning Director Plaskett had written a letter and it went unresponsive on their side for a while. She called and someone wrote back and said they were going to implement that stop. Councilwoman Lichter asked how it will be implemented and is it a normal general stop or just by request. City Manager Hooper stated he thinks it was going to be a normal general stop. They identified that when they changed their route they would add that to it. Ms. Plaskett stated it should have been in effect about four or five months ago. She informed Councilwoman Lichter she would get her a copy of the letter. Councilwoman Lichter spoke about comments she read in the Observer on the front page in an article by the editor concerning the 4th of July parade. In that article it elaborated a little bit more about the fireworks. No mention was made that Edgewater's Fire Department is the general sponsor of those fireworks. It said New Smyrna was going to pick up the plan and extend it to putting cans in their various shops and stores. She asked if that situation has changed and if they are still Edgewater's fireworks and now they are going to help a little bit. Page -10- Council Regular Meeting September 24, 2001 '-' ,..., Fire Chief Barlow stated it is his understanding that Mr. Powell has elected to have an event on the weekend prior to July 4th which will include a parade along with a laser light show demonstrated on a smoke screen which will be a separate event from Edgewater. They spoke to Mr. Powell last year and they suggested maybe they could join forces for the 2002 July 4th and have the parade terminate in Edgewater and by reading the article it appears he has desired to have an event separate from ours. Councilman Vincenzi feels regarding the fireworks, New Smyrna last year ignored Edgewater's participation and it seems like they are doing the same thing this year. He asked if we are going to do our own separate parade on July 4th. Fire Chief Barlow stated it is Council's direction. If they want them to coordinate a parade they can certainly do that again. Councilman Vincenzi would like to see Edgewater move in that direction. He feels it doesn't seem like we are getting much cooperation or recognition. Mayor Schmidt asked Fire Chief Barlow to contact Mr. Powell to find out what is going on. When they left it this year it was supposed to be a group thing. Fire Chief Barlow agreed to contact Mr. Powell. Councilman Vincenzi feels if they are going to plan it for the weekend before the 4th, he doesn't think that is going to work at all. He feels July 4th if July 4th and that is when it should be separated. Councilman Vincenzi feels Councilwoman Rhodes' comments about increased recognition are fantastic and he would support that wholeheartedly. Mayor Schmidt had nothing at this time. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 2nd Readinq. Ord. No. 2001-0-57. Amendinq Chanter 4 (Alcoholic Beveraqes) by modifvinq section 4-5 (Hours of Sale) City Manager Hooper made a staff presentation. Legal Assistant Matusick read Ord. 2001-0-57 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Rhodes moved to approve Ord. 2001-0-57, second by Councilwoman Lichter. The motion CARRIED 3-1. Councilman Vincenzi voted NO. B. 2nd Readinq. Ord. No. 2001-0-59. Amending Article IV (Resource Protection Standards). Article V (Site Desiqn Criteria) of the Land Development Code City Manager Hooper made a staff presentation regarding changes to Article IV, section 21-42.05 - Flood Plain Development Permit Standards. Mayor Schmidt asked to go back to Item b. City Manager Hooper explained this is regarding a stilt house. City Manager Hooper continued his presentation with changes to Article V, Table V-1 site Dimensions. Mayor Schmidt opened the public hearing. Page -11- Council Regular Meeting September 24, 2001 '-" ....." Mayor Schmidt asked about Article V, section 21-51.02 - General Requirements Item b. He asked if with the use we have of the County's plant should that be worded City's water and or County's sewer. City Manager Hooper explained it is worded correct because they are going to connect to our sewer system and we wholesale to the County. City Manager Hooper went over Article V, Section 21-51.02, Item i and Article V, Section 21-52.02 Access/Driveways. Mayor Schmidt referred to Coastal Tire and asked if it will still fit and conform. City Manager Hooper explained it is non- conforming. He was in front of Council for a variance because our Code was clear and he didn't meet the conditions of the Code. This is really for new development that is coming through. City Manager Hooper then went over Article V, section 21-53.09. A lot of this is taken out because it is a duplication in the stormwater permit application which is referred to elsewhere or in the subdivision regulations or in the requirement for the st. John's River Water Management District. City Manager Hooper then went over Article V, section 21-55.02 - Tree Removal Permit. City Manager Hooper then went over Article V, section 21-57.03 - Handicapped Parking Standards. Legal Assistant Matusick read Ord. 2001-0-59 into the record. Noritta Harris, 2425 Orange Tree Drive, asked if the Council could tell her what the site dimensions are for mobile homes. City Manager Hooper referred to Article V, Table V-l site Dimensions. Ms. Harris stated they are not listed as a non- conforming mobile home park. She went for a text amendment last May to put them under a non-conforming park. She was told at that time she did not have to go for an amendment. She wants to be told specifically what their lot sizes are and wants to be assured if they are a non-conforming park. City Manager Hooper stated he has described her park with Ms. Plaskett and they are not a non-conforming park. Under MH-l, it doesn't have a minimum lot width or depth but it does have a front yard setback of 15 feet, a rear yard setback of 10 feet, and 10 feet between units. Anything else that is required comes out of the State Fire Code that the City can not modify or change. Ms. Harris asked if it is the same restrictions as the non- conforming park which was also changed to MH-l zoning. City Manager Hooper informed her that is correct. He explained MH-l puts all of the parks in the same category. Ms. Harris expressed concern because they still are not listed in the non-conforming parks. Ms. Plaskett explained everyone that was non-conforming is now MH-l. Ms. Harris stated she was MH-1A and they took away that zoning. Ms. Plaskett stated but you are still a conforming park. All of the regulations are the same for all MH-l now whether it is non-conforming or conforming. City Manager Hooper asked if the lot restrictions over front and rear yard setbacks bothers her. Ms. Harris stated surely it does because it would affect all of them. City Manager Hooper stated that didn't change. Ms. Plaskett stated it was always that way. Ms. Harris stated no it wasn't because several years ago she had to come in and draw out where her trailer was going to go in. She feels it should be put back what was already there as long as it does not exceed the length and as long as you have the spaces according to the State Fire Marshall. The City said she could not do that at that time. City Manager Hooper stated that is why it is changed now that she can do that. Page -12- Council Regular Meeting September 24, 2001 '-" "till City Manager Hooper explained you have a front yard, rear yard and what the state Fire Marshall says for separation applies. Ms. Harris stated the state doesn't say you have to stay 15 feet off the front row or ten feet off the back. That is not the state Fire Marshall, that is the City of Edgewater. City Manager Hooper stated we set two criteria, front yard setback and rear yard setback and that you have to comply with what the state says between mobile homes. There was a brief discussion regarding copies of the tapes being available for Ms. Harris so she would have some kind of proof. City Manager Hooper asked Ms. Harris if she objects to the front yard, side yard or rear yard setbacks. Ms. Harris stated yes she does because on the site plan it was taken out. All of this, to her, should have been eliminated. It's not going to do any good to have this ten or fifteen feet because the other parks couldn't do it anyway. Councilwoman Lichter stated but they are non-conforming which means they can't rebuild. Mr. Harris stated they aren't non- conforming they are all MH-1. Councilwoman Lichter asked Ms. Plaskett if that has changed. Ms. Plaskett informed her yes, now they all have to meet the current setbacks. City Manager Hooper stated if a new mobile home is put in place it has to meet it. Ms. Plaskett explained if they can not meet the front and rear setbacks they have the right to apply for a variance. Ms. Harris commented on some of the parks being two feet off the road and she feels there is no way they can meet the requirements. Ms. Plaskett stated there is a mechanism for them to apply for a variance. Ms. Harris feels it is zoning these people out of business. City Manager Hooper explained it is those are too close and too close to the road so it is saying they aren't going to create new ones and where something is torn down, burned or left, we don't want those anymore. Ms. Harris stated but you are putting the people out of business. City Manager Hooper explained it is for safety. Ms. Harris stated the people in these mobile home parks are worried about how much it is costing them. Ms. Plaskett stated but we care about it. Mayor Schmidt stated that is where we come in. Councilwoman Lichter and Councilwoman Rhodes stated we have to. Ms. Harris spoke about someone wanting to put a swimming pool in their yard and applying for a variance and having 90 of their neighbors sign saying it was fine for them to put in the swimming pool and it was only five foot off of what the requirement was. This Council has given them more grief over the five foot but yet they want to put in this great big golf course and all of these town houses. She feels something is definitely wrong. Councilman Vincenzi stated he doesn't remember giving anyone grief about the pool. City Manager Hooper stated the Council didn't. That went to the Planning & Zoning Board and they grant the variances and they are appealable to Council. They haven't seen that. Mayor Schmidt closed the public hearing. Councilman vincenzi moved to approve Ord. 2001-0-59, second by Councilwoman Rhodes. The motion CARRIED 4-0. C. 1st Readinq, Ord. No 2001-0-60, Amendinq Article VI (Siqn Requlations), Article VII (Non-Conforminq Uses) and Article VIII (Administration) of the Land Development Code City Manager Hooper made a staff presentation regarding the changes to Article VI, Article VII and Article VIII of the Land Development Code. Page -13- Council Regular Meeting September 24, 2001 '-' ....", City Manager Hooper referred to Article VI, Section 21-61.03 - Pole Signs. They can not be closer than fifty feet from any existing pole sign. City Manager Hooper then referred to Article VI, section 21-63.03 - Political Campaign Signs. City Manager Hooper went over Article VII, Section 21-71.05 - Non-Conforming Mobile Home Parks. city Manager Hooper stated when they bring back the roles of some of the boards such as the Technical Review Committee, the Planning & Zoning Board, the Code Enforcement Board and the Construction Regulation Board, the Council will see this streamlined. The only thing that is going to be changed is the ability to remove any person on any of those boards. Councilwoman Rhodes mentioned the garage sale sign issue. She thought they were going to address the issue that garage sales signs can be put up temporarily on utility poles. City Manager Hooper asked Ms. Plaskett if she knew anything about garage sale signs. Ms. Plaskett stated they are called snipe signs and they have never allowed them. City Manager Hooper feels what they are doing now works. They put them up down the street and they take them down. He feels there is no enforcement of something that simple. He asked Council if they wanted him to look at this which he agreed to do. Councilwoman Rhodes suggested having one area where they could put their garage sale signs. Legal Assistant Matusick read Ord. 2001-0-60 into the record. Due to there being no further comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Rhodes moved to approve Ord. 2001-0-60, second by Councilwoman Lichter. The motion CARRIED 4-0. CONSENT AGENDA A. Economic Development Board Appointments (2) - Councilwoman Lichter to consider Board's recommendation to reappoint Christopher Balmer for a three year term and Mayor Schmidt to appoint Thomas McKinlev to fill a remaininq term B. Law Enforcement Trust Funds - staff recommending approval to use the Trust Funds ($1,000) for the use in investiqation cases Councilwoman Lichter moved to approve the Consent Agenda, second by Councilwoman Rhodes. The motion CARRIED 4-0. OTHER BUSINESS A. Suqqested Names for the FIND proiect - Council decision Mayor Schmidt suggested each Councilmember list their choices. City Clerk Wadsworth stated she had three more names to add to the list, Edgewater Volusia Industrial Complex, FINE Acres, and Northpark Industrial District of Edgewater. Councilman Vincenzi suggested Edgewater Business Park, Edgewater Industrial Park, and Park Ave Industrial Complex. Page -14- Council Regular Meeting September 24, 2001 '-' ~ Mayor Schmidt suggested Parktowne Center, Hospitality Harbour Industrial Park, Park Avenue Commerce Center of Edgewater, Southeast Volusia Commerce Center, Skyway Industrial Park, Waters Edge Industrial Park and Indian River Industrial Park. His favorite two were Parktowne Center and Hospitality Harbour Industrial Park. Councilwoman Rhodes suggested Parktowne Center but wanted to include Industrial to make it Parktowne Industrial Center and Edgewater Industrial Park. Councilwoman Lichter suggested Hospitality Harbour Industrial Park, Edgewater Enterprise Park, and Waters Edge Industrial Park. Mayor Schmidt stated it looked like they had Parktowne Center or a slight adjustment to or Hospitality Harbour Industrial Park. Councilwoman Rhodes stated or Edgewater Industrial Park. Those three have two votes. Councilman Vincenzi suggested Edgewater Industrial Park. Mayor Schmidt suggested Parktowne Industrial Center. Councilwoman Rhodes suggested Parktowne Industrial Center. Councilwoman Lichter suggested Parktowne Industrial Center. The new name for the FIND project is Parktowne Industrial Center. B. Ratification of Union Contracts - recommendinq adoption of Aqreements with Public Emplovees Association. Supervisor's Public Em~loyees Association and Fraternal Order of Police city Manager Hooper made a staff presentation regarding the modifications to the three union contracts. The FOP has voted and ratified this draft. The other two unions have not voted and are going to vote this Friday. These are subject to ratification of the other two. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Rhodes moved to approve the three union contracts, second by Councilman Vincenzi. The motion CARRIED 4-0. OFFICER REPORTS City Clerk Wadsworth had nothing at this time. Legal Assistant Matusick had nothing at this time. City Manager Hooper updated the Council on where they stand with purchasing the FIND property. City Manager Hooper spoke about a resolution opposing the State Manatee Plan. He asked Council if they wanted him to place this on an agenda. His personal feel right now is there is a lot of flux out there. He is not sure this will get Council anything. It takes a stance that Council is opposed to motor restrictions and closing down boating areas. His only problem with that is none of that has been identified to oppose yet this is just something they would be opposed to when there is no rules to oppose yet. Councilwoman Lichter feels it stirs up anticipated animosity against something that doesn't exist. She feels they should wait. City Manager Hooper suggested putting the resolution with regard to the united We Stand Program mentioned by Councilman Brown on the next agenda. It was the consensus of Council to do that. Page -15- Council Regular Meeting September 24, 2001 '-" ...; Councilwoman Lichter asked if the resolution to support a bottle bill would be on an agenda. city Manager Hooper informed her he would place it on the next agenda. Mayor Schmidt stated he picked up at VCOG copies of five or six other cities legislative issues and he agreed to get copies for everyone's mailbox. Possibly Thursday night at the dinner they may talk about the issues they decided on. CITIZEN COMMENTS/CORRESPONDENCE There were no citizen comments at this time. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 10:55 p.m. Minutes submitted by: Lisa Bloomer Page -16- Council Regular Meeting September 24, 2001