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09-10-2001 - Regular '-' ..."", ~ CITY COUNCIL OF EDGEWATER REGULAR MEETING SEPTEMBER 10, 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 Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. APPROVAL OF MINUTES A. Reqular Meetinq of Auqust 6, 2001 Councilwoman Lichter moved to approve the August 6, 2001 minutes, second by Councilwoman Rhodes. The motion CARRIED 5-0. APPROVAL OF AGENDA IN ITS FORMAT city Manager Hooper stated this would be the Council's opportunity to move things around on the agenda. Mayor Schmidt spoke about the last meeting where he moved an item up on the agenda and asked if this originated from that. city Manager Hooper explained this originated from the Attorney looking at our agenda format and presenting a more modern way to do this. Council agreed to eliminate this item. PRESENTATIONS I PROCLAMATIONS IPLAOUES ICERTIFICATES I DONATIO NS A. Report on Manatee issues in Mosquito Laqoon bv Steve Kentner Steve Kentner, Director of Environmental Management for Volusia County, presented a history regarding getting the Manatee Protection Plan adopted. He went over the concepts they are working with. Once this plan is approved, it is turned over to the State for implementation. They do not anticipate the County being involved in the implementation of this plan. Five of the thirteen counties in the State have already adopted plans. He further commented on marine facilities not being approved in the Counties that do not have approved plans. Mr. Kentner went on to speak about issues being looked at to determine where new facilities should be located. Councilwoman Lichter stated this plan was presented by Mr. Kentner at the last meeting she attended of the Halifax Indian River Task Force. There were three large marina owners present. She spoke about if you displace something what can you do to take care of it. ~ """ Mr. Kentner stated he spoke to David Arnold who is head of the Protected Species section for Fish and wildlife Conservation commission and his staff should be providing them a letter of their comments in a week or so and they will share that information back with the cities. Mr. Kentner stated they believe Volusia County has one of the most aggressive marine units as far as enforcement of the speed zones. This year they have had a significant increase in the number of manatees that have died in this County which is posing a lot of attention on us. This is an issue as mortalities continue to increase and have been increasing over the past four or five years. Councilwoman Lichter asked what zone we are in. Mr. Kentner informed her the yellow zone which is in Zone 7. There has only been one manatee mortality in the ten years of record in this zone. Councilwoman Lichter stated speed zones are not set by the County. The State has pulled that out of a plan the County submitted to them and is determining the speed zones. Mr. Kentner explained when they talk about the location of manatee mortality that is where the carcass is recovered, not necessarily where the manatee was actually killed. Mayor Schmidt thanked Mr. Kentner for coming and for the information he provided. Councilwoman Lichter asked Mr. Kentner when the hearing is. Mr. Kentner informed her they haven't set a date but it will probably be in November or December. They want to see what type of comments they are getting. The only real comment they are getting is on the fee as far as the cities and boating community. B. Commendation and Plaque presented to -Employee of the Quarter' Paulette Tubbs Lieutenant McEver read a letter submitted by Chief Ignasiak regarding Ms. Tubbs and presented her with a plaque. CITIZEN COMMENTS Mike Visconti, 316 pine Breeze Drive, presented Council with a petition with regard to keeping the Fazzone Memorial Fountain where it is currently located. He read a prepared statement and referred to an article in the News Journal entitled -DeBary plan kills -suicide' lane.' He wants the city to stop DOT from crossing US 1 and going east to Riverside Drive. He listed executives he would like the Council to contact from DOT. Andy Anderson, pine Tree Drive, agreed with Mr. visconti on landscaping the center of SR 442. He feels it can be done. He would like to see a little more thought put into the widening and landscaping the center of SR 442. city Manager Hooper presented background information with regard to SR 442. He feels if they go back and say they don't like this design he thinks the whole road will be off and the money would go somewhere else to widen is probably what would occur. Mayor Schmidt asked how many medians there would be between the railroad tracks and Willow Oak Drive. City Manager Hooper stated he knows of three that go through that area. They are fairly small. Once it is in place, they have identified the traffic movements particularly around US 1 and some of the commercial, we can come back and get them to come back. They have offered a matching grant fund. He would like to see the city come back with some aesthetic standards. Page -2- Council Regular Meeting September 10, 2001 '-'" """'" Councilwoman Lichter doesn't feel where the fountain is that it gets the proper respect. She feels it needs more proper landscaping. If it has to get moved, it was going to be moved to Menard Park. The Water Alliance has a landscape architect that they are going to let the City use to find a suitable, beautiful place in Menard Park for the fountain. That will all depend on what will happen with SR 442. She feels it would be better enhanced at Menard Park and get more emphasis. city Manager Hooper stated the Parks and Recreation Board made that recommendation two times to the Council. Mr. visconti disagreed with Councilwoman Lichter. It has been there since 1997 and has never been landscaped. For some reason they didn't do their job landscaping it right and now it has been hit and is leaking water but that can be repaired. He feels more people see it coming from SR 442 and US 1 than anyone would ever see it at Menard Park. He stated the Parks and Recreation Board voted to move it to Menard Park if it had to be moved. He spoke to Mr. Barnhouse who feels the turn lane is not suitable and should not be there and who assured him this is something that came after the fact and it could be eliminated. He feels it would be an injustice to move the fountain. city Manager Hooper stated from the 30% plans he has seen have had turn lanes on the east side. They are to facilitate turning left and right turning into Indian River Blvd. and leaving Indian River Blvd. turning north and south on US 1. This has been designed by a private firm called GAl and DOT reviews it. Their objective is to make sure it is designed to DOT standards. Councilwoman Rhodes feels the fountain has been hit once and odds are it is going to be hit again. Anything on the road, odds are it is going to get hit at some point and the next time it gets hit it may be totally destroyed. Paul Jenkins, Willow Oak Drive, spoke about the ~ cent sales tax. He feels this referendum which can greatly affect the education of the children is certainly the most important issue before the voters in recent years. He asked Council to pass a resolution encouraging the citizens of Edgewater to find out the facts and get out and vote on October 9th. There is a lot of misinformation, falsehoods, and a lot of assumptions out there right now. This County has gotten more awards than any other County in the State for being more efficient in more areas and departments in the school system. city Manager Hooper informed Council there is a speaker lined up to approach them at the next Council meeting and there will be a resolution on there for the Council's consideration. Dominic Capria, 606 Topside Circle, stated he is here to back up Mr. visconti on his statements and asked if they are going to check and see if the turn circle Mr. visconti talked about is necessary and if not are they going to check and see if they can do something about it starting with the Mayor, Council and City Manager. Mayor Schmidt stated yes they will look into it and he thinks a lot of people see it where it is now but he thinks for the fountain to be appreciated more it should be sitting in the park with benches around it. He stated people sitting at a traffic light worrying about who is going north and south might see the fountain but most people have no idea why it is there and don't appreciate it. He thinks to be appreciated it would be a lot better served in the park but they will look into the turn lane issue and see what really has to happen with that. Page -3- Council Regular Meeting september 10, 2001 'wf """" Mr. Jenkins told the citizens he left a handout on the table in the back with regard to the ~ cent sales tax that has the list of projects that money will go to. There will be a citizens Watchdog Committee appointed by law for this effort. Mayor Schmidt noted that the new Edgewater Middle School is on that list. Mr. Anderson suggested moving the fountain to an entrance of the City which he feels would be more appropriate. Charles Cecil, 3560 Omni Circle, expressed concern with cars parked with one wheel, sometimes two wheels, sometimes partly on the road in Florida Shores. He saw a young child almost get hit. He would like a courtesy call to the individual to be aware they should try and get their cars off the road and not have it parked on the road in Florida Shores. He asked if there is a law in Florida Shores that you can park your car on the road. Councilwoman Rhodes stated no, you can't have your wheels on the road and suggested using the CAPS officers if they come across that to go to the door and ask that the car be moved. Mr. Cecil stated there are a lot of cars in Florida Shores that he has passed that is on the road. city Manager Hooper asked Mr. Cecil to let Fire Chief Barlow who is in charge of Code Enforcement know and they can send somebody nice to go and do a courtesy call. Mr. Cecil stated that is not his job. He came here concerned and it is the City's job to tell this man what to do. Mayor Schmidt stated he is glad Mr. Cecil is letting them know and he knows he doesn't want to give any names or situation because he doesn't want any heat. He informed Mr. Cecil if he goes to the Police Department and gives them a general area they have something to go by. Mr. Cecil informed Mayor Schmidt he is right but stated he has followed the Police Department down the road and they run by the cars. Why didn't they stop if it is against the law? Mr. Cecil stated he stood up here in front of Council and he was asked not to get aggravated or upset last month. He had an individual that asked him if he had insurance. What rights does an individual have to ask him if he has insurance on his livelihood? He feels he is okay right now and shouldn't have to buy insurance for somebody else's problem. Dick Jones, 1530 Sabal Palm Drive, stated he admires Mr. visconti's perseverance in hanging in there about his objections to SR 442 and the way it is headed. He stated at the time of the meetings and the public discussions were held that was the only issue that was really brought out by the people that came to the meetings and that doesn't represent the whole City. He feels Mr. Capria brings out some good points about the budget. Mr. Jones further spoke about Mr. visconti's advocacy for the beautification of this city. He has been working at it for the number of years he has known him and he has been absolutely dedicated to this city in trying to approve the appearance and he has to give him 100% support in all of that. He feels being an advocate is something the Council should be really concerned about due to being headed to the next turning point in their career as a politician and he doesn't hear very much advocacy coming out of the Council. They just went through three readings of ordinances for the budget and he didn't hear anybody object to anything. He comes to Council meetings and it is always a 5-0 vote. They have elected the Council to be their advocates and their representatives to take care of the residents. They can't. accept that every issue that comes up is totally agreed to by the whole Council. He would like to see a little more advocacy on the council's part. Page -4- Council Regular Meeting September 10, 2001 ~ ~ ~ Ron Tucker, Omni Circle, stated he has been to two meetings and he has observed what has been going on. He feels perception is reality. It is his perception that this is all done before anybody gets here. He came here about an issue he has. He is not a member of this City but if he ever does become a member of this City he is going to be sitting up there. councilwoman Rhodes stated this was not the first meeting on the budget and they had prior meetings on the budget that were open to everybody and they asked a lot of questions. When they ask questions, it goes back, they work it out and it comes back to Council. By the time it has gone through the public and gone through the Council they do agree because they have already discussed it. Mr. Tucker feels he has no right to come here and challenge the Council since he is not a member of the City. He hears opposition in the brand and file out here. He sees an air of arrogance on the Council. He hears opposition and he watches and it doesn't appear anyone is listening. councilwoman Rhodes stated that is why they have citizen Comments. They are listening. They do everything they can to make right whatever the issue is. They can't do everything and please everybody. They all try very hard to address every issue as best they can but when you have two difficult perceptions of truth you have to pick one. If that seems arrogant then they are arrogant but that is the job they are here to do. Mr. Tucker stated if he is wrong he apologizes. Councilwoman Rhodes informed him he is wrong. Mr. Tucker commended Councilwoman Lichter because it seems of the entire panel up there she is the only one that questions what is going on. Mayor Schmidt feels the people sitting up there are the farthest from arrogant you will ever find. There are probably some more out here that he could use the arrogant word even better. He stated he would much rather live in a City where they have a city council that doesn't bicker, doesn't fight and does their homework. The budget hearings have gone on for a long time. They do their homework and are in agreement 99% of the time. Mayor Schmidt stated yes Mr. Tucker doesn't live in the city and yes they are giving him the privilege to talk during their citizen Comments times and if he happens to come into the City and wanted to sit in the City he has all the right to be able to do that and good luck. He would hope if that attitude appeared he wasn't living in this City when he was sitting up there. CITY COUNCIL REPORTS Councilwoman Rhodes spoke about the Florida League of cities conference. Last year she didn't seem to get very much out of it but this year she found it very beneficial. She attended a workshop on consensus building that she found very interesting. councilwoman Rhodes stated the other thing that interested her greatly and she will be pursuing in the next couple of years if the International Academy, which is a two day affair that she and the mayor are going to attend in Tampa this year. The purpose is to establish an international connection for Edgewater with the businesses that have international customers or an international base and use that to bring economic and cultural development into your city. Page -5- Council Regular Meeting September 10, 2001 'w' ...." Councilwoman Lichter stated she got a call the other day from a gentleman in the Landings that was a member of the Combat Medic Badge he had in the second World War. This is convertible to a Bronze star Medal. She contacted Congressman Mica's office for him and he responded and sent the right credentials and this guy is waiting to have this Medic Badge changed to a Bronze star. Councilwoman Lichter spoke about monofilament fishing line killing birds and turtles. The County has started a recycling project with this kind of fishing line and they have pilot containers at Monroe Park and Ed stone Park. The members of the Halifax Indian River Task Force have been asked to see if the marinas and boating clubs in Edgewater might want to take on the project of this recycling by emptying the container the County will provide. Councilwoman Lichter spoke about Savy Safe Seniors. On Friday November 9th at the Library in New Smyrna there is gong to be a Safe Seminar for Seniors from 10 a.m. to 4 p.m. Our Police Chief and New Smyrna's Police Chief are going to be participants in this. Councilwoman Lichter spoke about the Rose Bay project. It is finally going to come to fulfillment in April 2002. This is a very big project which includes changing the bridges as well as stormwater management. councilwoman Lichter spoke about information she received from the Fire Department regarding the brush clearing and not being able to locate the property owners on some of the lots in Florida Shores. She asked if there is any way to check that such as the Tax Assessor's office. Fire Chief Barlow explained those listed are the ones that are difficult to locate the owners and they still are continuing to locate. the owners through old tax parcel numbers. They are making an active effort to locate them. Mayor Schmidt spoke about the traffic light at Riverside Drive and US 1 not working the way it should. They had a problem when they were digging up the street. We are currently going through DOT which has to fix the loop that is in the ground in order for it to work right. They probably won't fix it until they do the final paving. Councilman Brown spoke about comments he receives on city Services. He has been getting a tremendous amount of comments on how well the Police Department is reacting with the citizenry. Everybody seems to be very satisfied with the visibility of the police. Crime seems to be dropping in our City. Councilman Vincenzi feels the ~ penny sales tax for education is a good idea. He would like to spread the word, possibly through the newspapers, that people should be contacting the School Board and their State Representatives. His only concern is if this sales tax does pass, what will stop the State from taking money out of their budget because they have additional money. He feels it is important that people contact the superintendent of Schools for the School Board and their State Representatives. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. 2nd Readinq. Ord. No. 2001-0-42. Rezoninq approximatelY 487.60 acres of property known as Edqewater Lakes from County A- 2. A-3. B-4. R-3 and RC to city RPUD City Manager Hooper made a staff presentation. There are no changes to the proposal and staff recommends approval of the rezoning subject to the Comprehensive Plan amendment which will be back to Council in approximately 70 days. Page -6- Council Regular Meeting September 10, 2001 '-" ...., . t Legal Assistant Matusick read Ord. 2001-0-42 into the record. Mayor Schmidt opened the public hearing. william cuthbert, 3536 Omni Circle, asked how much the Golf Course will cost to build. city Manager Hooper stated he didn't have an estimate on that but probably in the 1 1/4 to 1 ~ million dollars. Tim Howard, the developer, was present. Mr. Howard stated it would be 2 ~ to 3 million dollars. Mr. Cuthbert stated just to put the sprinkler system in costs $800,000. There is also a $1.5 million bond. He stated golf courses go belly up about one out of eight in Florida. He asked Mr. Howard what he will do if he is left holding the bag for a $3 million golf course that has gone belly up and you have $1.5 to finish it. Mr. Cuthbert spoke about water reserve and using a lot of sprinklers on the golf course but only in dry times. When it is dry and they go into the aquifer it is going to have a more profound effect. with the houses also having yards, they will get the water from the same place. He questioned the aquifer going down because of everyone using the water and everyone having to drop another pipe and asked Mr. Howard if that is going to happen. City Manager Hooper informed him that is the st. John's River Water Management District. Mr. Cuthbert asked who is responsible for the construction type on the houses that are going to be built. Is the builder responsible or is the City of Edgewater responsible? Is there going to be some sort of code limit on how big they are, what shape they are, that sort of thing? City Manager Hooper stated there are minimize size requirements to that. As far as aesthetics and how the house will look and the overall structure will look, the City does not regulate permit of that. Mr. Cuthbert asked Council to reconsider this and think deeply of what the environmental effect will be and the effect on the community when this goes in. He feels this is an environmentally sensitive situation and this is going to have a profound effect. Charles Cecil, 3560 Omni Circle, stated he did called st. John's River Water Management District to check into this. He asked how many acres of golf course they will have. Mr. Howard stated with the wetlands they will probably have 200 to 225 acres. Mr. Cecil stated they told him that the average golf course uses 1,000 gallons per acre per day of water. He stated he is on a well. He feels Mr. Howard should have to pull the permit and present it to the City before this goes any further. He asked what the Council is willing to do for him if his well goes dry. How fast are they going to be able to act and give him city water if his families, his friends and neighbors run out of water. Mr. Cecil stated he would like a response. Mayor Schmidt stated there is no response to be given. He feels like he is being baited and he doesn't like that feeling. He believes when Mr. Cecil stood up last time he had some questions about the golf course, the water, the wells and the quality. They also discussed monitoring wells and he is sure st. John's will not just write out a permit and give it to them. As water problems exist they get stricter and stricter, their rules get stricter and stricter too. This is a Council that will not do something that is just off the wall. They are going to protect the people around it, whether they are citizens of the City or not. There will be precautions and there will be things in place. Mr. Cecil asked the Council how long he would have to pull water in from a tanker truck. Mayor Schmidt asked if any of the Council would like to respond to that. Page -7- Council Regular Meeting September 10, 2001 '-' ...." . . Councilwoman Lichter stated she doesn't have the technology in her head to answer that question. She would hopefully submit that that never comes about. She spoke to the developer the first week and asked him about the grass on the golf course and he explained to her a typical kind of grass that takes the minimum of water that doesn't seep down. She sits on the Water Alliance and will not put this City or Mr. Cecil in a position where his well is going to go dry. st. John's has the tightest of restrictions on this thing. They aren't going to give him a permit if it is not going to be alright. She expressed concern about the environment. Mr. Cecil asked if he will have to pull the permit for the water before the adopting into the city. Mayor Schmidt stated he has to have all his permits in place before the building will take place. Mr. Cecil stated he isn't trying to downgrade anybody or the golf course but he thinks the council should consider a lot more about it on different parts than just adopting into the city. councilwoman Rhodes stated they have already annexed him into the city. This is to address the zoning issues on that annexation. Every step that he goes will have to be monitored by st. John's and the city of Edgewater. If st. John's is going to allow him to destroy Mr. Cecil's water then he needs to speak to st. John's. As far as the other environmental issues go, the ones the City can control, we will control. Mr. Cecil stated he is concerned about 50 foot lots and asked if the city has any control over that. councilwoman Rhodes stated yes. Mr. Cecil stated he goes through Florida Shores and it looks pretty nice and he believes they are 80 foot lots. He thinks they should consider 50 foot lots is a little bit short. He thinks everybody would like to have a little bit more room. Councilwoman Rhodes stated but what about the ones that just want a house and don't want to take care of a yard because they are retired. Mr. Cecil feels 50 feet is a little bit shy. Councilwoman Lichter spoke about the overall area of land. If the man isn't going to build a structure in a size that sells, he is a terrible businessman. She imagines that with surveys and information he has checked. This kind of thing goes. It will have rules and regulations that are stricter than the city of Edgewater Code Enforcement within itself. There are some developments in the city that have stricter codes than the city. Mr. Cecil stated he has a little more than one acre and feels they should look at what would look good up against what they have. He thinks that moving 50 foot lots up against 1 or 1 ~ acre lots is not good common sense. Councilman Brown stated there is only a certain percentage of 50 foot lots. Mr. Cecil stated but they are right behind his house. Mike visconti, 136 pine Breeze Drive, asked if there are going to be retention ponds holding water on the golf course. Mayor Schmidt informed him yes. Andy Anderson, pine Tree Drive, would like assurance from the Council that we are never going to end up in the golf course business. councilwoman Rhodes stated not as long as they are on the Council. Mayor Schmidt stated it was said many times that the City doesn't want to be in the golf course business. Councilwoman Lichter stated a survey was conducted that asked the citizens six or eight years ago and they did not want to own a golf course. Page -8- council Regular Meeting September 10, 2001 --., ....., . . Ron Tucker, 3564 Omni Circle, apologized to the Council and feels Mr. Howard's intentions are honorable and his concern is the density from one acre lots to what he is proposing there. He would like to see a little bit better transition such as larger lots that bank up to theirs. Mr. Tucker congratulated Ms. Tubbs for her award. He commended the Police Department for looking after the people. Mayor Schmidt closed the public hearing. Councilman Vincenzi asked Mr. Howard if he is open to some negotiation or to work with the people who have expressed a concern or if this is a closed issue. Mr. Howard stated this is not a closed issue. This is a plan in transition and they still have to come back through Planning and Zoning and then back through Council. Councilman Brown moved to approve Ord. 2001-0-42, second by Councilman Vincenzi. The motion CARRIED 5-0. B. 2nd Readinq. Ord. No. 2001-0-50. Small Scale Comprehensive Plan Amendment reflectinq a chanqe to the Future Land Use Map from Low Densitv Residential to Commercial for 2.42 + acres of property located east of US 1 and north of Ranken Drive city Manager Hooper made a staff presentation. Legal Assistant Matusick read Ord. 2001-0-50 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Rhodes moved to approve Ord. 2001-0-50, second by Councilwoman Lichter. The motion CARRIED 5-0. C. 2nd Readinq. Ord. No. 2001-0-51. Rezoning of property located east of US 1 and north of Ranken Drive known as 'Tract D' (2.43+ acres) from R-1 (Sinqle Familv Residential) to B-3 (Hiqhwav Commercial) Legal Assistant Matusick read Ord. 2001-0-51 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2001-0-51, second by Councilman Vincenzi. The motion CARRIED 5-0. There was a ten-minute recess at this time. D. 2nd Readinq. Ord. No. 2001-0-52. Amendinq Article I (General Provisions). Article II (Definitions) and Article III (Permitted. Conditional. Accessorv. and Prohibited Uses) of the Land Development Code City Manager Hooper made a staff presentation and highlighted some of the changes made with regard to the above mentioned Articles. He suggested if the Council is looking to do something different with canopies it needs to go back to the Committee to have them take a look and make a recommendation to Council. Councilwoman Rhodes asked city Manager Hooper to again comment on grandfathering in canopies. City Manager Hooper stated when it was first presented to Council he informed them he was going to try to work out a scenario that grandfathered existing and made new ones after tonight be permitted to wind load. Page -9- Council Regular Meeting September 10, 2001 '-" ...." ~ . City Manager Hooper stated he couldn't come up with anything that made sense without eliminating all of the canopies. This language is what came out of the Committee with no changes. This does not prohibit future canopies. Councilman Vincenzi asked City Manager Hooper if he is looking for guidance from Council. City Manager Hooper informed him on that issue. If the desire is to do something different than they have on the books today, then the recommendation is to send it back to the Committee. The way it is today, they can be in the front yard, side yard, back yard or parallel to the driveway. Councilman Vincenzi stated if the Committee is willing to reconvene and look at that issue again, he would be in favor of that. City Manager Hooper stated he thinks they would be. Legal Assistant Matusick read Ord. 2001-0-52 into the record. Mayor Schmidt opened the public hearing. Pat Card, 3019 willow Oak Drive, informed the Council that no one on the Committee agreed with canopies when they came in and one disagreed with it when they went out. If the Council believes they can take this back and put it through a Committee again and come up with better and more like what they would like to hear, terrific. What the Council heard was what the Committee felt was the best thing for this City after a very specific and very intensive study of the problem. This is the best they could come up with. If the Council wants a Committee to come up with something better, they better tell the Committee what they want. Councilwoman Rhodes and Mayor Schmidt feel they did an excellent job and worked very hard on it. Mr. Card stated nobody has a simple solution to this. Councilwoman Lichter stated anything that is written has the potential of being changed at a different time and place in the future because circumstances changes. State rules and County rules change which reflect back into Edgewater. She sees no reason in not accepting it and if things come down to them different, they will hear about it and it can be looked into again. She is sure that applies to a lot of things in the Code, not just one item. Councilman Brown stated he looked at this because he has a canopy at his house. He tried to figure out if there was anything to do to change it and he can not see anyway to change this to make it any better or any more fair at this point. He feels this is probably the best that could be put forward. Councilwoman Rhodes stated she also has a canopy in her back yard over her deck. She feels the majority of comments she hears are from people that are looking at other people that have the canopies in their front yard that are frayed and junky looking. She asked how this is addressing that. Mr. Card explained what the Committee looked at were health and safety issues. They wanted to make sure you could see them and that items being stored under them were not trash. They limited the class of items that could go under it and limited the fact that they didn't want side panels on it to eliminate people being able to see by them and thereby cause a hazardous situation in moving around. They did not address what condition because he thinks you would have a hard time defining tattered. Councilman Vincenzi feels the Committee did a great job but he disagreed with this one section. Page -10- Council Regular Meeting September 10, 2001 '-' ""'" , . Mr. Card stated this was as close as they could get to a good piece of enforceable legislation Dick Jones, 1530 Sabal Palm Drive, stated there were many issues that came up and he was totally frustrated but in the end he voted for what Council has because he believes that was the best solution they could work out. Mr. Jones asked City Manager Hooper if he was saying if someone has an item right now that is against the new regulations that they would be grandfathered in and they could keep that item forever or it would die when the item dies. City Manager Hooper stated they left out total the grandfathering. It is just as this ordinance is written right here. You have to comply with this. Ferd Heeb, 115 N. Riverside Drive, asked Councilman Vincenzi what area he is concerned about. Councilman Vincenzi stated safety for one being they are not permanent structures and also aesthetics. He knows a lot of people that have them and he knows a lot of people that don't have them and don't like them. Mr. Heeb asked if it is a location problem. Councilman Vincenzi stated part of it. He stated Building Official Dennis Fischer got up one time and gave a talk and he described a corridor that he wanted to make presentable when people came into the City and drove through the City. Part of the corridor included front yards, things that were visible from the street. Andy Anderson, pine Tree Drive, feels Mr. Fischer was right on the money when he said he would like to drive down any street in this town and see things nice. He was the dissenting vote overall. Some of the things he was in agreement with but overall he feels the whole thing was too liberal. There were a couple of people that voted the way he did and mistakenly voted and he has since talked to them after the vote and they told him that they voted the wrong way. They would have voted the same way he did. He feels the canopies that are in the front of houses, some of them don't look very good and they are flimsy. He feels if you don't have rules and regulations that things get out of hand. He doesn't feel there are enough people to go around and enforce the way things ought to be. He doesn't feel they should be allowed in the front of houses. He doesn't think they should be allowed and doesn't think they should be grandfathered in. He feels they are dangerous and he doesn't think they are for the good or betterment of the community. He spoke about the canopies having mold on them. Paul Jenkins, willow Oak Drive, stated he was also on the Committee and did the initial draft on this issue. Unless someone has changed from the original tarps that come with the canopies, they don't get mold on them. He has two canopies in his back yard, one that is visible and one that hidden under trees and it is not mildewing and it has been there for over a year. Mr. Jenkins went on to speak about canopies in the front driveway. He spoke about having a problem in Edgewater with boats, even with an ordinance that prohibited them in the front yard, there has to be a variance to that ordinance for people that couldn't get their boats in the side yard and back yard. He feels if they are going to allow a boat and a camper in the front driveway, there are going to be a lot of people that will want to put a canopy over it or already have. He further spoke about people that don't have a garage or have a garage that they use for storage putting a up a canopy to protect their car from sap and tree limbs. They can be tied down properly and they don't go anywhere in a storm. His has been there 4 ~ years and went through some bad storms. Page -11- Council Regular Meeting September 10, 2001 ,..., ....", ( . Mr. Jenkins stated they did address maintenance and this is something that Code Enforcement will be able to deal with and take to the Code Board. Mr. Jenkins spoke about the aesthetics issue. He feels it is all perception. Mr. Jenkins doesn't feel they have a safety issue because they have been around for eight to ten years. He feels you never see on television after a storm where they have damaged someone else's property. He stated the canopies usually collapse right on the property if they collapse or rollover. The only danger issue was people that tie them to a concrete block and they eliminated that so that will need to be enforced. He feels that canopies, as far as safety goes, have proven their test in time. The new white tarps is helping the aesthetics. Mr. Jenkins stated the Constitution says promote health, safety and welfare, it doesn't say mandate it and he feels they need to promote good neighbors. Mayor Schmidt closed the public hearing. Councilman Vincenzi asked if someone makes a motion for approval and he still would like this section looked at is this possible? City Manager Hooper informed him yes and that he would have to get two other votes that direct that that be done. He moved to approve Ord. 2001-0-52, except section 21-35.03 - canopies, Temporary Carports, Tents and Gazebos, and that that section be temporarily deleted and looked at for possible revision. The motion DIED due to the lack of a second. Councilwoman Rhodes moved to approve Ord. 2001-0-52. Her personal opinion is she doesn't think canopies should be in the front of the house but the citizens Committee worked hard on this and this is what they came up with and this is what the citizens want. Councilman Brown seconded the motion. The motion CARRIED 4-1. Councilman Vincenzi voted NO. E. 2nd Readinq, Ord. No. 2001-0-53, Annexinq approximately 3.18 miles of US 1 riqht-of-way from the southern corporate limits of the city of Edqewater to the northern line of Aerial Road City Manager Hooper made a staff presentation. Legal Assistant Matusick read Ord. 2001-0-53 into the record. Mayor Schmidt opened the public hearing. Councilwoman Lichter stated the 60 people that showed up from the unincorporated area were number one in favor of staying within the County if possible but if they had to go between Edgewater and Oak Hill, nicely expressed their desire to come in the future into the city of Edgewater. Mayor Schmidt closed the public hearing. Councilwoman Lichter moved to approve Ord. 2001-0-53, second by Councilwoman Rhodes. The motion CARRIED 5-0. F. 2nd Readinq, Ord. No. 2001-0-54, Annexinq that portion of SR 442 between Riverside Drive and the western edqe of 1-95 not already within the corporate limits of the city City Manager Hooper made a staff presentation. Legal Assistant Matusick read Ord. 2001-0-54 into the record. Page -12- Council Regular Meeting September 10, 2001 ~ ~ ~ . Due to there being no comments, Mayor Schmidt opened and closed the public hearing. councilman Brown asked if Police are going to be required to patrol all the way down to Aerial Road now. City Manager Hooper stated that is correct, they will be. We will be working with the Sheriff over jurisdiction and when we would be doing that but long term that is what is going to occur. Councilwoman Lichter moved to approve Ord. 2001-0-54, second by Councilman Vincenzi. The motion CARRIED 5-0. G. 1st Readinq. Ord. No. 2001-0-57. Amendinq Chapter 4 (Alcoholic Beveraqes) bv 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. Mayor Schmidt opened the public hearing. Andy Anderson, pine Tree Drive, informed Council he is not for extending the hours to 3 a.m. He stated he has literature from the State that talks about alcohol related accidents in this city and it is higher than Miami percent wise. Mayor Schmidt closed the public hearing. Councilwoman Rhodes moved to approve Ord. 2001-0-57, second by Councilman Brown. The motion CARRIED 4-1. Councilman Vincenzi voted NO. H. 1st Readinq. Ord. No. 2001-0-59. Amendinq Article IV (Resource Protection Standards). Article V (Site Desiqn criteria) of the Land Development Code City Manager Hooper made a staff presentation with regard to Article V. He informed Council of the ten foot separation between mobile homes now being changed to allow ten feet between mobile homes throughout. There was an issue between conforming and non-conforming. city Manager Hooper further spoke about Tree Permits. Legal Assistant Matusick read Ord. 2001-0-59 into the record. Jane Glover, Realtor, Shores Realty Group in Daytona, representing Brothers and sisters Inc which are the owners of Sea Horse Mobile Home Park, stated they appreciate the changes that were made regarding the zoning in the site dimensions. In the chart sent to Ms. Harris by Ms. Plaskett, the minimum lot width and depth were also crossed out. She asked if this is correct. City Manager Hooper informed her it is. Ms. Glover stated her understanding is that by doing this, they have eliminated the whole concept of non-conforming. City Manager Hooper informed that is correct. Narita Harris, 2425 Orange Tree Drive, asked about not needing a permit to remove palm trees. city Manager Hooper informed her that is correct. Mayor Schmidt closed the public hearing. Councilman Brown moved to approve Ord. 2001-0-59, second by Councilwoman Rhodes. The motion CARRIED 5-0. Page -13- Council Regular Meeting September 10, 2001 ,.., ..."" ,. II .. I. Res. No. 2001-R-18. Contract renewal with the Florida Department of Transportation for the maintenance of state Road riqht-of-ways within the city City Manager Hooper made a staff presentation. Legal Assistant Matusick read Res. 2001-R-18 into the record. Mayor Schmidt opened the public hearing. Mayor Schmidt stated he thought he read this is the same price we have been paying for however many years. He questioned if this covers our cost. Parks and Recreation Director Jack Corder Corder stated last year it was raised to this amount. Previously it was a lot less. No it does not cover our cost. Mayor Schmidt stated but on the other hand at least our people are doing it so we aren't waiting twice as long to mow if DOT was doing it. Mr. Corder informed him that is correct. Mayor Schmidt asked if this will be renegotiated after SR 442 is done. City Manager Hooper informed him yes. What DOT does is get a price quote from a private contractor and then offers the City if you wish to do something more than that. He explained Mr. Corder looks at what other local cities negotiate and tries to keep it the same on a unit cost, cost per mile per foot. Mayor Schmidt asked if they will negotiate all the way out to I- 95. City Manager Hooper informed him yes. Mayor Schmidt closed the public hearing. Councilwoman Rhodes moved to approve Res. 2001-R-18, second by Councilwoman Lichter. The motion CARRIED 5-0. J. Res. No. 2001-R-19. FDOT proposal for property acquisition/cure related to ROW requirements at Edqewater Public Library city Manager Hooper made a staff presentation regarding what the city will give and what the city will get. Councilwoman Rhodes asked if this will also include landscaping the parking lot. City Manager Hooper informed her there is funds in there and when they designed it, they have landscaping included in the design. City Manager Hooper stated it has payment from DOT to relocate the fountain. He wanted to make the Council clear that is part of what they are voting on. Mayor Schmidt asked if there is the possibility of putting the fountain on that property. City Manager Hooper stated no, the property is too small. Councilwoman Rhodes asked if the fountain can be part of the landscaping. City Manager Hooper stated he doesn't think it fits but he would look into it. Councilwoman Lichter asked if it would be a more desirable place. She doesn't think so. She feels it would be a much better spot in a park landscaped properly. City Manager Hooper stated it will be a while before it gets moved so he could look into if it would fit and what it would look like. Councilwoman Rhodes feels she thinks they need to look at other places for it to be moved to that are more prominent and more visible. City Manager Hooper agreed to look into this and bring it back. Page -14- council Regular Meeting September 10, 2001 '-' ...", .,. . '. Councilman Brown asked if it could be put near the oak tree. City Manager Hooper stated there is parking all around that. Legal Assistant Matusick read Res. 2001-R-19 into the record. Mayor Schmidt opened the public hearing. Paul Jenkins, Willow Oak Drive, asked city Clerk Wadsworth to go back to the picture that was taken from the east side. He asked about putting the fountain in the grass area right in front on this side of the Library. He stated that is just a suggestion. City Manager Hooper stated he isn't sure we own that. Mayor Schmidt closed the public hearing. Councilwoman Lichter moved to approve Res. 2001-R-19, second by councilwoman Rhodes. The motion CARRIED 5-0. K. Res. No. 2001-R-20. Declarinq candidates for the Primary Election. approvinq election workers appointed by the Volusia County Department of Elections. approvinq an aqreement for services and materials for municipal elections from the Volusia County Department of Elections and approvinq the County Canvassinq Board to canvas OUR absentee ballots. Since the School Board of Volusia County has a question on the ballot. the County will be responsible for the aspect of the Primary Election This item was withdrawn due to the City not having a Primary Election. CONSENT AGENDA A. Planninq and Zoninq Board Appointment - Councilwoman Rhodes to consider Board's recommendation to reappoint Donald Masso for another three year term B. Recreation/Cultural Services Board Appointment - councilman Vincenzi to consider Board's recommendation to appoint Kat Bearsley to fill a vacated seat C. Interlocal Aqreement - for Municipalities of Volusia County and the County of Volusia to develop a National Pollutant Discharqe Elimination Svstems (NPDES) permit application pertaininq to stormwater manaqement proqrams D. continuinq Contracts - Professional Services Aqreement with Weldon Land Development. Inc. for Enqineerinq Services relatinq to: Water Distribution System. Stormwater. General civil. Parks and Recreation and Sewer Collection System councilwoman Lichter moved to approve the Consent Agenda, second by councilwoman Rhodes. The motion CARRIED 5-0. OTHER BUSINESS A. citizen Grievance - Letter from Thomas Buell concerninq activity by BellSouth since the installation of an upqraded switch box located in the riqht-of-way at 1412 S. Riverside Drive City Manager Hooper made a staff presentation. He showed Council pictures of the switch box in front of 1412 S. Riverside Drive. There are also members from BellSouth present. Mayor Schmidt stated he would like to hear from BellSouth first. Joe Petrock, Regional Manager for BellSouth for Volusia and Flagler County was present as well as Managing Engineer Bill Fisher for Volusia and Flagler County. Page -15- Council Regular Meeting September 10, 2001 ~ ..,., ,. . . .. Mr. Petrock explained the switch box provides TeleCom. The original box was placed in 1983, upgraded a little over a year ago. He commented on people having computers, fax lines, additional lines, wireless pagers, and cell phones. He commented on Volusia County Schools and the ratio of computers to students ranking near the top of the State. The switch box complies with the State. They obtained permission from the cities to place those boxes in the area. As they upgraded, they met with the City and with the neighbor. They spent over $3,000 on palm trees that were requested by the neighbor compared to the normal shrubs they would put in the area. They visit the box about twice a month, depending on how many offers they have to take. It is in the right-of-way and the landscaping is completely behind it with the palms. Councilwoman Lichter asked if they have a picture looks like from his residence when he looks out. many palms they put back there. Mr. Buell stated six palms in and one died. He put two. of what it She asked how BellSouth put Mayor Schmidt asked how many lines that box holds. Mr. Petrock stated it is difficult to say the number of lines as they keep putting additional technology inside the box. It serves a grid in the area. Mayor Schmidt asked how far apart are the boxes currently. Mr. Petrock stated this handles numerous blocks. Mr. Fisher commented on what they do in all of their areas. They develop a grid and they try to set up natural boundaries. They look at providing the most efficient and economical means of serving that area. You may have a box such as this that would serve eight to twelve blocks or another one that may serve only six blocks depending on the density in the area. Mayor Schmidt asked for questions from Council. Councilwoman Lichter asked how paid for the trees. Mr. Petrock informed her BellSouth and they changed those at the request of the customer, one time. If you are looking from his house to the street, you can't see it. Councilwoman Lichter asked if there is any possibility of putting anything around the box or is it prohibited. Mr. Petrock stated it is in the right-of-way so they wouldn't be able to put anything around it. Councilwoman Lichter stated when a resident buys a piece of property like this, do they know in the deed that that is deeded so the phone company or whatever utility has a right to do something like that when they buy the property. City Manager Hooper stated probably not. What you are seeing there is the ability of any power company, phone company to be able to come in and utilize the right-of-way. When they pay a franchise fee, that is what they are paying for. Mr. Petrock pointed out the picture of the view from the house looking towards the road. Councilwoman Rhodes asked Mr. Petrock what type of shrubs they typically put in. Mr. Petrock explained there are a variety of types of shrubs that they put around them. Councilwoman Rhodes stated what she is trying to get at is the difference in cost. Mr. Petrock stated that was probably three or more times the cost. Mr. Fisher stated if they did put shrubs in you would probably looking at $200 to $300 at a maximum. In this case they spent in upwards of $3,000. Page -16- Council Regular Meeting September 10, 2001 --., ..""", ('. .. Mr. Petrock stated they have hundreds of other phone companies that utilize their facilities and resell those facilities. Not only that, cable television companies provide Telecom so they are in a very competitive basis. They have about 60 of these boxes throughout the City of Edgewater in various types and sizes. Councilwoman Rhodes asked about their average of twice a month. Mr. Petrock stated it is about twice based on the logs that they have. Mr. Buell stated that is twice a week. Mr. petrock corrected himself it is twice a week. Councilwoman Rhodes stated that is a little different. Councilwoman Lichter questioned if that amount is necessary. Mr. Petrock stated it depends on order activity based on additional lines that they put in that grid. Councilwoman Lichter feels it is very hard just to hear from these gentlemen without hearing the complaint of who owns there. Mayor Schmidt stated we are going to. Councilwoman Rhodes asked when they are there, how long they are there. Mr. Fisher stated it could be as little as ten minutes and as long as 45 minutes. Thomas Buell, 1412 S. Riverside Drive, stated it was agreed on that the Beautification Committee would pick out whatever they thought was nice and they would put it in and around this box. That thing is over six feet tall and over four feet in width and about 2 ~ to 3 feet wide. No one acted on it and no one did anything so he called. They came out and said what do you want to do. He had already planted two Washintonian palms and it didn't do anything. He requested trees be put in there. They said they would put three Washintonians in there and guaranteed them for one year. One of them started dying immediately. They came out and looked at the tree and said it was dead which left him with two. All they had to do was pull that palm out and put another one in. Instead they couldn't find the people who guaranteed it so they asked him again what he wanted to do. He told them to get it out of there and put another one in but they told him they couldn't find anybody. He informed them he knew somebody that sells good trees so they agreed to do that so they did. That is how he got that many palm trees and that is how come they spent so much money. It is not his fault. Mr. Buell stated as far as the trucks there. Somebody is out of their mind when they are talking about two trucks in that amount of time. You are talking about a couple of trucks a day and staying there a long time. They are destroying the entire right- of-way. They have grooves from the trucks, catalytic converters burning the ground as well as cigarette burns on the ground. The grass is all dead. Beer cans and bottles have been thrown on the right-of-way. When he bought that house , he resurfaced from Riverside Drive all the way back, brought dirt in and replanted all the way back a few years ago. He showed Council how high the box was that was there when he bought that house that serviced everybody. All of a sudden one day a huge truck pulled up with a crane on it. Previous to that they had already dug and buried cable. The old box was taken out and this monster was put in. They put new concrete down and they just sat it there. He said what's that and where did you get approval for that. He has asked Councilman Vincenzi and tried calling Mayor Schmidt who is giving them permission to do this. He is being told they don't need permission and they can do anything they want. He feels something is wrong here. Page -17- Council Regular Meeting September 10, 2001 ~ ....,; ., .. It Councilwoman Rhodes asked if that is a correct statement. city Manager Hooper informed her no. Where they have had a box they can upgrade and modify that box. Councilwoman Rhodes asked if there is any size limit on the box. City Manager Hooper stated there is no defined written issue in our franchise agreement or the state statutes that say that. Councilwoman Rhodes asked where the criteria starts that they would have to get a permit. What is the biggest box they can put there? City Manager Hooper stated there isn't a defined size ln our franchise agreement. They come in specific sizes and they are called facilities that deal with the cross over and switch over of what they have for electrical. They check with the City to let them know they are taking out a smaller one and putting in a larger one. If it is a facility that is like that that is unmanned, just switch over cross over facility, those have been permitted and allowed to occur in the right-of-way. If those are placed out of the right-of-way they would be requiring a special exception for a house or unmanned large facility. Councilwoman Lichter asked if they came to us and asked that and we said yes. City Manager Hooper informed her yes. Councilwoman Lichter asked if we have that size other places in the City that tall. City Manager Hooper informed her yes. Mr. Buell stated there was no approval on this box. He said City Manager Hooper stated yes there was and he said there was not. City Manager Hooper stated there isn't a permit issued. They asked if they could put it in and yes they were allowed to put it in. BellSouth has given the City a list of boxes throughout the City similar in size and locations. He has seen numerous boxes, some taller and some wider. Councilwoman Lichter asked if they are landscaped. city Manager Hooper stated generally not. He spoke about the boxes on Roberts Road and in Edgewater Landing. Mr. Buell stated there are none whatsoever close to him. He has been driving allover. In fact they are digging one up on Riverside Drive. At least it appears that way. He said he hasn't found another box that is the size of his box. He feels it is a safety issue when they open the doors and there is a truck in there. Councilwoman Rhodes asked Mr. Buell if his problem is what he can see from his house or what he can see from Riverside Drive. Mr. Buell stated he is talking about a scenic route. He has a problem with that box being out there plus it is illegal. He referred to a letter from City Manager Hooper dated April 26th. He said he keeps calling it a franchise agreement and it is not, it is an ordinance. In addition to it being an ordinance, it is a contract and according to a contract you go word by word. Mr. Buell wanted to read Ord. 86-0-19 because of two very important words. Councilwoman Rhodes informed Mr. Buell they have the ordinance and asked him to tell them the two words. Mr. Buell stated the word construct in Section 1 and Section 2. If you look in the direction, it is to build, form, or devise by fitting parts, elements together systematically. Something built or put together systematically. They also talk about laying fiberoptics and underground cable but it is all subject to the supervision of the City. They did not go to the City and ask permission. He has been telling him for so long he gets sick every time he tells him. He knows you have to go to the city. He contacted Councilman vincenzi who told him they could do it. Mr. Buell stated they can not do it. By contract, they have to ask permission. Page -18- Council Regular Meeting September 10, 2001 ~ ~ ~. . Councilman Vincenzi asked if they went to the City and ask for permission. City Manager Hooper stated they did not get a permit. They described to the City, Building Official Dennis Fischer, that they are in the right-of-way and are going to replace a little box with a big box. Councilman Vincenzi stated when Mr. Buell says he wants the city to supervise, what does he want them to do, go out there and watch them. Mr. Buell stated according to the contract it is supervision. He asked if they wanted him to get the dictionary out and tell them what supervision means. Mr. Buell stated they didn't send anybody out. city Manager Hooper stated of course not. councilwoman Rhodes asked why they have to need to send someone out. Councilwoman Lichter suggested the City Attorney look at this. Mr. Buell stated if you use the word install then you get into Florida statutes. That truck came and installed that thing. He read from the Florida statutes that no utility shall be installed, located or relocated unless authorized by a written permit issued by the authority and that is the city. Councilwoman Rhodes also agreed the City Attorney should look at this and they will let him look at it and decide if BellSouth is in violation. If they are, the City will do something about it. If they are not, they have to live up to the agreement that we signed with them. Legal Assistant Matusick stated it has been addressed with the city Attorney and yes everything is as it should be with BellSouth. Councilwoman Rhodes asked Mr. Buell if he would like his attorney to look it over. Mr. Buell stated he isn't going to hire an attorney for this. He feels Florida statutes covers this, that the City is supposed to sue BellSouth not him. There is room in there for him to sue however, and in that provision if he wins, then BellSouth pays the City back. He has to sue the City, he can't sue BellSouth. Councilwoman Rhodes stated they have to listen to our Attorney and our Attorney is the legal expertise that they have. Councilwoman Lichter stated when she deals with an Attorney and hires an Attorney, she wants it in writing and wants a copy to go to the parties involved. That way it is permanent and not heresay. Legal Assistant Matusick asked Mr. Buell the state statute he is referring to. Mr. Buell informed her XXVI - Chapter 337 under section 2. Legal Assistant Matusick asked him section 2 or 3D. Mr. Buell asked her if she wanted him to show it to her. Legal Assistant Matusick stated she had it. Mayor Schmidt asked Mr. Petrock to speak. Mr. Buell stated he is having a hard time because he has a lot more to show the Council and he keeps breaking his train of thought letting these guys keep jumping up back and forth. How is he supposed to make a presentation? Councilwoman Rhodes stated they have received all of his information. Mr. Buell stated no they haven't. Councilwoman Lichter feels this is an important matter and 11:20 p.m. is an unreasonable hour to give it due consideration. She wouldn't mind coming back at a different time to address this issue. She feels when they have an agenda this long, it is very hard to give due justice to the man's problem and complaint. Councilwoman Rhodes feels before this comes back, she would like a written opinion from City Attorney Cookson. Page -19- Council Regular Meeting September 10, 2001 '-' ~ " i". "" Councilman Brown asked if the phone company would think about putting two smaller boxes side by side. Mr. Petrock stated that isn't an option they actually have. The other box was 4 foot and this one is 62 inches tall. Mr. Buell stated it is over six feet tall. Mr. Petrock asked to talk about the statute. state statute 362 is a franchise with the state of Florida. You receive permission from the cities. The Legislature just passed a new law this year under simplified tax which changes all the guidelines. He also agreed to have their Attorney write a letter about the actual use of the Telecom equipment they have in the right-of-ways. At a previous meeting, City Manager Hooper brought this to the Council's attention where Mr. Buell didn't show. This is not the first time this has been brought to the meeting and they have already discussed this issue. It was an agenda item way back when they were putting the box there. They appreciate the staff's time and the customer's time. The state talks to them about how they actually Telecom provide services and says it can't be restricted. councilwoman Rhodes stated she appreciates all they have done. Councilwoman Lichter stated there are differences in interpretation at this moment regarding how often trucks are there, what kind of litter they are leaving there. Mr. petrock stated they don't drink beer on the job. Mayor Schmidt stated they keep a log of when they are there and that is easy enough to check. councilwoman Lichter spoke about Riverside Drive being named a scenic highway. She feels if smaller could be made, wider could be made or if .two could be made or something to camouflage it could be made from the pedestrians that walk Riverside Drive, it might be worth them looking into. The legality has to be checked out for them in writing for what happened in the past. She feels it is an eyesore. Councilwoman Rhodes stated since it is on the City right-of-way can they plant something on either side of it. City Manager Hooper stated you can plant small plants. You can't plant anything that is going to obstruct the view or a traffic problem. When Mr. Buell first brought this to his attention, he was worried about the person backing out of the piece of driveway. You can do landscaping around but very limited. councilwoman Rhodes stated she passes it every day and doesn't really notice it due to usually looking at the river. Mr. Buell stated according to Mr. petrock he is saying there are two contracts now. He has been down to the city Clerk's office and this is it. They don't have anything else. He keeps talking about franchise. There is no franchise. It is an ordinance. Now he is saying he has two agreements. He would like a copy of the other one. Mayor Schmidt asked if we sign franchise agreements every year to update them. city Manager Hooper stated you do some. The BellSouth Franchise agreement is the ordinance Mr. Buell is talking about and the last version was in 1986. He further commented on simplified communication tax. Mr. Buell commented on constantly going out and picking up beer bottles in the front and the side. Immediately they defend their drivers. If anybody is caught with a beer bottle in their truck they are fired. They are all in bags. He doesn't know who is throwing the beer bottles but as quick as he spoke to Mr. Fischer it stopped. Page -20- Council Regular Meeting September 10, 2001 ~ ~ ~ ... Mayor Schmidt stated it wouldn't it make no sense at all to drop the beer bottles if they were dropping them right where they are working. Mr. Buell stated if somebody drives by unannounced and they look in their truck and they see a beer bottle in their truck their dead. If it is on the ground right next to them, they still have a job. Councilman Brown stated he would think they would be able to smell beer on their breath. Mr. Buell stated he is not saying it is them. Once he mentioned it to Mr. Fischer it discontinued. Mr. Buell mentioned the destruction of the road. He doesn't own it but he rebuilt it. He re-sodded and re-seeded. He didn't have a fence there and put it up because of a speeder who killed a dog down the road from him. How can you have a law that says that is the highest he can go with a fence and then a couple of inches away from him put something like that up? He feels it doesn't make sense. The telephone company has the audacity, it smells like extortion to him, to tell him if he wants it moved they do it sometimes but it would cost him about $25,000. City Manager Hooper stated they have said that to the City and to Mr. Buell. Mayor Schmidt asked Mr. Buell what he wants BellSouth to do. Mr. Buell stated he wants them to take it out for all of the citizens and for Riverside Drive. Mayor Schmidt asked to get the legal in writing for the Council and for Mr. Buell. Councilwoman Rhodes asked Mr. Buell to make his presentation shorter and to get to the high points of it. Mr. Buell stated shorter, they are dealing with a couple of people here. He is trying to talk and then they are pulling these people up to talk and he can't finished. This item was tabled until September 24th as one of the first items. B. Construction proiect - staff recommendinq Council reiect all bids on Bid #01-WW-01 Advanced Wastewater Treatment Facilitv Reclaimed Water System Improvements and authorize the Purchasinq Aqent to re-advertise the proiect City Manager Hooper made a staff presentation regarding the problems they had with the bid. Staff is recommending they reject all the bids and re-advertise and bring it back to Council at a later date. Councilwoman Rhodes moved to reject the bids and re-advertise, second by Councilwoman Lichter. The motion CARRIED 5-0. C. possible site for Hiqh School - Reserve riqht for School Board to purchase portion of the FIND parcel for the new hiqh school City Manager Hooper made a staff presentation regarding a possible site for a High School at the FIND site. Staff recommended they reserve that particular site for a period not to exceed six months and allow the School Board on site to do boreings and wetland determinations and decide if that is a suitable site for their High School. Councilwoman Rhodes stated she only has one problem which is naming it the New Smyrna Beach High School. Councilwoman Lichter also didn't agree with this. Councilwoman Rhodes suggested the Southeast Volusia High School or New SmyrnajEdgewater District High School. Page -21- Council Regular Meeting September 10, 2001 ...., ." ., ,.-- Councilwoman Lichter made a motion to hold a portion of the FIND property for six months for the new neutrally named high school, second by Councilwoman Rhodes. The motion CARRIED 5-0. D. status of Animal Control Board Chairman Robin Hendricks - Council to consider the Chairman's leave of absence. removal or any other type of consideration Council may choose pendinq the outcome of her court case City Manager Hooper stated he spoke to Robin Hendricks today who voluntarily suspended herself from this Board pending her court case. At this point there is not an action for Council to take. OFFICER REPORTS City Clerk Wadsworth informed Council she has received 27 names for the FIND project asked the Council how long they wanted her to collect names. Mayor Schmidt suggested September 24th. Councilwoman Rhodes suggested they hold a workshop for a half hour before the meeting on September 24th. Mayor Schmidt stated the time wasn't good for him. Councilman Vincenzi stated he won't be here September 24th. Mayor Schmidt asked for Councilman Vincenzi to get them beforehand. City Manager Hooper agreed to make a list and send them out right away. Legal Assistant Matusick had nothing at this time. City Manager Hooper had nothing at this time. CITIZEN COMMENTS/CORRESPONDENCE Pat Card, 3019 Willow Oak Drive, thanked the Council and Councilman Vincenzi and Councilwoman Rhodes for their honesty. Many of them agree with what they said and many of them disagree and he appreciates the fact that they are all honest about and come forward with what they think. Paul Jenkins, willow Oak Drive, stated what Mr. Anderson said about the drunk driving tickets, maybe that is because we have a few real aggressive officers that do their job and Miami just ignores the problem. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 11:40 p.m. Minutes submitted by: Lisa Bloomer Page -22- Council Regular Meeting september 10, 2001