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04-02-2001 - Regular ...,-.."", CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 2, 2001 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER vice Mayor Vincenzi called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Donald Schmidt Councilman James Brown Vice Mayor Dennis Vincenzi Councilwoman Harriet Rhodes Councilwoman Judith Lichter City Manager Kenneth Hooper City Clerk Susan Wadsworth Legal Assistant Robin Matusick Excused 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 Meeting of March 5. 2001 Councilwoman Lichter made a motion to approve the March 5, 2001 minutes, second by Councilwoman Rhodes. The motion CARRIED 4-0. B. Reqular Meetinq of March 19. 2001 Councilwoman Rhodes made a motion to approve the March 19, 2001 minutes, second by Councilman Brown. The motion CARRIED 3-0. Councilwoman Lichter was excused. PRESENTATIONS/PROCLAMATIONS/PLAOUES/CERTIFICATES/DONATIONS A. Proclamation desiqnatinq April as Water Conservation Month. Councilwoman Lichter read the proclamation. B. certificate of Recoqnition awarded to Rose Lindell for desiqninq the loqo for the Volusia Water Alliance door hanger C. certificate of Recoqnition awarded to Tina Curry's New Smyrna Beach High School Graphics Design class for participation in desiqninq the winninq loqo for the Volusia Water Alliance Door hanger desiqned by Rose Lindell D. Proclamation desiqnatinq April 7. 2001 as Rose Lindell Day vice Mayor Vincenzi recognized Miss Lindell and read a proclamation honoring her for designing the logo for the Volusia Water Alliance door hanger. vice Mayor Vincenzi presented Tina Curry with a certificate of Recognition for her Graphics Design Class. CITIZEN COMMENTS City Manager Hooper commented on a meeting that was held in the Community Center on March 21st to discuss serving Waterway Park with water and sewer and annexation. 'W ~ Councilwoman Rhodes stated so they are not in any way at any point to annex. City Manager Hooper stated we have no plans at this point. He further commented on voluntary annexation and it probably having to go to referendum. Councilwoman Lichter asked if the water and sewer can be accomplished without annexation. City Manager Hooper stated they can be. It will come back to Council. We serve outside the City with a 25% surcharge. We are interested in serving outside the City and we would pursue helping them get water. Their water is bad. He thinks it is the consensus of most of the residents that they would like central water. Councilwoman Lichter stated they never forced any area to become annexed but in some cases they have to take some of an area that say yes and leave those that say no. City Manager Hooper feels in an area with this number of lots that would not work. Walter Lewandowski, Hibiscus Road, Outlaw Point is no more Outlaw Point. It is individually owned by Dick Joyce. City Manager Hooper commented on a piece of land that has been used for not so good activities. Barbara Penz, 142 Godfrey Road, spoke about her water being tested a couple of years ago and she was the only person that failed. She feels it is time they get some water. City Manager Hooper commented on a letter that is going out to the residents of Godfrey to do the same discussion they just had with waterway Park. Ms. Penz urged the people that were present that do want water to call Tallahassee and tell them what they want. There is grant money out there. Tammy Rudd, 179 Flamingo Road, read a prepared statement. She expressed concern that she will lose some of her rights if the City takes over. vice Mayor Vincenzi asked Ms. Rudd to give City Clerk Wadsworth a copy of her letter. City Manager Hooper reiterated nobody is trying to force anyone to annex. You can get water while you are in the County. Our agreement with the County allows that and the same with the sewer. Ed Nelson, 145 Azalea Road, spoke about a couple of incidents where he had to call 911 and Oak Hill was there in no time. He has no problem with Oak Hill's emergency response. city Manager Hooper stated we are going to meet Monday with the County and talk of water. The first week in May we will know something about the grant and we will keep the citizens informed. The price to connect to water is approximately $4,000. Ms. Rudd asked if the meeting is an open meeting. City Manager Hooper stated no, it is with County staff and himself to go over what they are defining as to how much it costs. Ms. Rudd asked what County representatives they could contact. City Manager Hooper informed her Jim Ward is the County representative. Lee Meyers, 190 Godfrey Road, asked about the grant being for sewer. He said nobody asked for sewer. People only want water. City Manager Hooper explained there is no grant for water. Page -2- Council Regular Meeting April 2, 2001 ...., ..I Kenny Clides, President, Cory Estates Homeowners Association, stated this is the second agreement in the past five years assigning water and/or sewer services to a large area of the County, taxpayers south of the City limits to that city. County taxpayers in the affected area have had no input and 75% present knowledge of all the content. Things are being discussed with a lot of people not knowing what is going on. There is hope the undesirable lack of information does not continue with the City of Edgewater. He presented some questions to Council. city Manager Hooper stated a few have water, not all. There are letters going to Cory Estates, Waterway Park and a third community in the County. Those are all in the County and we have no say. We are inviting those to come in and meet about a petition they signed with the County to get water. Andy Anderson, pine Tree Drive, asked if there is something in the City Charter that limits the amount of land that can be annexed into the City of Edgewater per year. City Manager Hooper stated no, not in the Charter. There is a statutory limit that has a requirement and its like 10% of the city's gross acreage. If you exceed that amount you have to have a referendum. Tonya Eissler, No Name Saloon, questioned why they are allowed to stay open until 3:00 a.m. during Bike Week but not during Biketoberfest. She stated their permitting fees were $150 per day and they had to pay $1,200 for ten days. She contacted some other cities. New Smyrna Beach charges the vendors that go to these events $150 but the establishment itself doesn't pay anything. Port Orange charges $500 for the week for 10 days. If it is less than seven days it is $300. They do not charge the vendors anything. She could raise their rates and pay her fees out of that but she doesn't get paid by them. This year they were told that their establishment had a 300% increase in business during Bike Week. All of the local businesses showed an increase so it doesn't just help their establishment, it helps the whole city. Ms. Eissler spoke about having charity poker runs and getting charged $150 for those permits also. She asked for a response back. Vice Mayor Vincenzi informed Ms. Eissler City Manager Hooper would get back to her. Mike Visconti, 316 pine Breeze Drive, spoke about ways to conserve water. He read an excerpt from Ask Fred. He further spoke about putting a container under your rain spout to collect water. He feels the City of Edgewater could be one of the first cities in Florida to give out these containers. Vice Mayor Vincenzi suggested putting something in the newsletter. Councilwoman Lichter spoke about a message she received regarding restaurants serving water and automatically putting glasses on the table that she brought to the Water Alliance. She agreed to bring up what Mr. Visconti said at the next meeting. Councilwoman Rhodes suggested putting a Water Tip in the newsletter every time the newsletter comes out. City Manager Hooper agreed to do that. Paul Jenkins, willow Oak Drive, spoke about taking down the water tower. He questioned using it to store water. City Manager Hooper stated it is in terrible shape and way too small for storage. Page -3- Council Regular Meeting April 2, 2001 ~ ....., Barbara Valentino, 2830 Orange Tree Drive, feels it is great about putting blurbs in the newsletter but she doesn't think they will pay any more attention to the water restrictions as they are. She spoke about people using their sprinklers all day long and people that water when they want to. She feels if they are going to start pushing water conservation they are going to have to start enforcing the water restrictions. Vice Mayor Vincenzi stated they are getting ready to start doing that. Councilwoman Rhodes stated their first line of defense is education, then enforcement and stiff fines will come if people continue to water when they are not supposed to. Vice Mayor Vincenzi closed citizen Comments. CITY COUNCIL REPORTS Councilwoman Lichter commented on the Anti-Litter Committee meeting on March 7th. They are going to work on a project where Middle School students will paint large cans with flowers and they will be delivering them to businesses for customers to put their cigarette butts in. They want to get behind a can and bottle bill. They hope they can get that on the League of cities to bring up to Tallahassee. They also came up with four signs, anti-litter signs and anti-dumping signs. They feel there should be a warning and then there should be a fine. They want to continue the Adopt-A-Street program. Councilwoman Lichter spoke about Malta and their water problem and being surrounded by salt water. Councilwoman Rhodes spoke about attending Volusia Day with Mayor Schmidt. She agreed to report back at the next meeting since Mayor Schmidt was not present. Councilwoman Rhodes stated she doesn't think any of them are interested in annexing anybody that does not want to be annexed. It is not an issue. City Manager Hooper stated the same thing goes for water. We aren't wanting to supply anyone water or sewer that doesn't want it. Priscilla Berg, 138 Hibiscus Road, stated she thinks the issue was they were very upset that in the paper it said they wanted to be annexed into the City. They didn't say that. She commented on only two people voting to be annexed. Councilwoman Rhodes stated she has been quoted in the newspapers as saying things that she never said. Ms. Berg stated until they have more information no one is interested in annexing. City Manager Hooper stated he doesn't think the newspaper misquoted. The general consensus of the meeting was they wanted water and sewer conditional with a grant and the vote was they were really interested in annexation subject to two issues. Not that they were going to do it. They said they were interested in pursuing more information about it. Councilman Brown commented on the way Edgewater has been growing. He spoke about the small business people. He and Mr. Alcorn were discussing what they could do to help the small business person to understand which direction the City is going, what they have planned and what they want. He thought maybe they could have an Edgewater small business workshop to see if the small business people would like to give the Council some input. He also thought maybe the City could come up with a small presentation of what they think the impact of FIND will be and how they project we will grow. Page -4- Council Regular Meeting April 2, 2001 ... ""-" vice Mayor Vincenzi felt that was a good idea and questioned if they could set something like that up. City Manager Hooper stated they are working with the City's Economic Development Board in conjunction with the Chamber. Councilwoman Lichter spoke about annexation and city verses country living. vice Mayor Vincenzi congratulated Chief Ignasiak for not being afraid to make moves and changes and he is doing a good job. City Manager Hooper stated later under his report Chief Ignasiak will address the Council and talk of some of the changes. Councilwoman Rhodes asked if they were supposed to get something in writing. City Manager Hooper stated it is coming. He is just going to brief Council on what he is doing to date. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. 2nd Readinq. Ord. No. 2001-0-02. Edgewater Lakes Partners. LLC annexation of approximate Iv 449+ acres located west of US 1 and north and south of Volco Road City Manager Hooper made a staff presentation. staff recommends approval. Legal Assistant Matusick read Ord. 2001-0-02 into the record. vice Mayor Vincenzi opened the public hearing. DoraLee Dawson, 268 Adams Road, expressed concern with schools with this new big development. She heard a rumor that the golf course they are planning on putting in is only going to be for Edgewater Lakes, not anyone else. She asked about the swimming pools they will be putting in and if that will drain more water out of the system. She expressed concern with elderly people coming up with the $4,000 to get water. City Manager Hooper stated part of what Ms. Dawson is asking occurs later on as Council reviews it for site plan, land use and zoning. The first step is to annex the property into the city. He is looking to develop and schools and other concurrency types of uses will be addressed at that time. He further commented on schools such as the Middle School on SR 442, the two Elementary Schools that are already in existence in Edgewater being expanded in their five year plan as well as the new High School. Mike Visconti, 316 pine Breeze Drive, stated after reading the newspaper about Edgewater Lakes, the rendering and concept was very impressive. He feels it would be an asset for Edgewater. Doris Hill, 112 Lincoln Road, feels this City needs a golf course. She further expressed her happiness. She read in the newspaper a couple of days ago that New Smyrna Beach is expecting to double their size. They are going to start developing west of 1-95. They anticipate New Smyrna will have twice as many people as they have today. J. R. Ridgely, 155 Casa Grande, asked if there is a site plan he can get a copy of or have access to that is more descriptive as to where this land lies. He has no idea what the impact would be to u.S. #1 and Hacienda residents. City Manager Hooper stated there is a site plan in the Planning Department that he could come in and review. Page -5- Council Regular Meeting April 2, 2001 ~ ~ Mr. Ridgely asked how far down u.s. #1 does this property go. Tim Howard, representing Edgewater Lakes, stated the southern boundary is the dirt road that leads to the new communication tower that is being built. Their main entry will be right across from Hacienda and they are going to propose to DOT that there be a stop light there. He also stated it is going to be a public course, it is not just for the residents. Andy Anderson, Pine Tree Drive, feels it is a good concept to have a gold course. He expressed concern that as long as the taxpayers don't have to get involved to bail it out in any way if they run into trouble, he thinks it is great. vice Mayor Vincenzi closed the public comment and asked if council had any comments. councilwoman Lichter would rather see a wildlife preserve personally. People have a right to come here and live but you have to have growth that is orderly and planned and all these considerations have to be brought up. She feels fire has been addressed. She feels traffic has to be addressed. councilwoman Lichter stated she has been asked by residents if it is a possibility the facility might be available for use by Edgewater residents due to there not being anywhere to hold a formal occasion such as a wedding. councilman Brown moved to approve Ord. 2001-0-02, second by Councilwoman Rhodes. The motion CARRIED 4-0. B. 1st Readinq, Ord. No. 2001-0-03, Amending city Charter Article III (City Council) (Compensation), section 3.05 of the city Charter City Manager Hooper made a staff presentation. Legal Assistant Matusick read Ord. 2001-0-03 into the record. vice Mayor Vincenzi opened this ordinance up for public comment. Mike Visconti, 316 pine Breeze Drive, congratulated the Council. He spoke about people that left Edgewater that are sorry they did. He also congratulated City Manager Hooper. Councilwoman Rhodes stated she can't believe there is any person that has done this job that has done it for the money. She didn't even know what the salary was when she decided to run for Council. A focus of hers is to see that there is a policy in place that accommodates the City Council raises. She feels it should be a matter of policy that it is taken care of so Councils are not voting raises. Andy Anderson, pine Tree Drive, stated at the last meeting they talked about wages in this area and raises for the Councilmembers. It was mentioned that the per capita income was $30,000. He went to the Library and came up with figures from the Department of Commerce. In 1990 the per capita income was $11,025. The State per capita in 1997 is $20,389. In 1998, the per capita income of this City is $19,787. This area out of 20 areas in the State is the second lowest paid. city Manager Hooper stated when they were talking of per capita last time it was per household. The household figures were correct and have gone up slightly with the census. Page -6- Council Regular Meeting April 2, 2001 '-' ..."., Doris Hill, 112 Lincoln Road, stated as the City grows and we build more homes and add to our tax base that is going to bring in more money. She spoke about getting our share of taxes from the State being much less ten years ago than they are today and they are going up all the time. That is another good reason to get on with good building and good growth. There was no further public input. vice Mayor Vincenzi opened this up for Council input. Councilwoman Lichter stated she is aware of what Mr. Anderson was saying. This is not a rich community. When you are dealing with a family of four and are talking $20,000 you are not talking particularly a lot extra. She spoke about people on boards that came down from the north that did a similar type of service and were not paid. When she ran for office she thought $4,800 was a lot of money. Councilwoman Lichter feels the raise being suggested is too rich for Edgewater. She recommended $1,500 less than what is being suggested. She spoke about the position of Mayor and it being a full-time position. She feels the figures need to come down. She doesn't want someone running for the job for the money. She wants them running for the job to serve the city. You get a special thank you and a little bonus by the money. Councilwoman Rhodes also feels the numbers could be lower. City Manager Hooper suggested this is the first reading and they have had minimal adverse comments. He hasn't had anyone call in his office. He researched these numbers every way he knows how to do it. He is confident these numbers will not break the bank and will not have an impact to say someone will run or not run. He thinks the dollars are just compensation. He suggested tonight's vote be just to continue until the second public hearing where they will have a full Council. They can always at the second public hearing back off of the numbers. He feels it is premature to change the numbers to any lower and commit themselves at the second public hearing to that. vice Mayor Vincenzi would like to vote on it, get the second reading scheduled and get Mayor Schmidt's input on it. Councilwoman Rhodes stated she has actively sought input. Councilman Brown stated he has asked quite a few people that have come in his store and nobody has had anything to say except is that all you get. Councilwoman Rhodes stated she has had that reaction as well. Councilman Brown moved to approve Ord. 2001-0-03, second by Councilwoman Rhodes. The motion CARRIED 4-0. There was a ten-minute recess at this time. C. 1st Readinq, Ord. No. 2001-0-05, Amendinq the city Budqet for the Fiscal Year Ended September 30. 2001 City Manager Hooper made a staff presentation. He commented on items he would like to add to the budget. Staff recommends approval as presented. Legal Assistant Matusick read Ord. 2001-0-05 into the record. vice Mayor Vincenzi opened this ordinance up for public comment. There were none at this time. vice Mayor Vincenzi opened this ordinance up for Council comment. Page -7- Council Regular Meeting April 2, 2001 '-' ...., Councilwoman Rhodes asked if the job. city Manager Hooper stated what that person would be doing. He commented on using a contract MIS Technician is a full-time yes. Councilwoman Rhodes asked City Manager Hooper elaborated. person in the past. Councilwoman Lichter asked about Shangri-La needing sidewalks and roads repaired going into next year's consideration. City Manager Hooper informed her yes. Councilwoman Lichter asked if another truck is to pick up after storms. Department of Environmental Services Director Terry Wadsworth informed her yes. Councilwoman Rhodes spoke about the grant applied for for the youth affairs personnel. City Manager Hooper stated Chief Ignasiak did that. Councilwoman Rhodes stated her hope and her suggestion is that whether that grant comes through or not that be in the budget for next year. City Manager Hooper stated he has also applied for additional funding for motorcycles. Councilwoman Rhodes feels the youth affairs personnel is priority. She likes the idea of prevention of gangs and crime before it gets started. Councilwoman Lichter suggested putting some reference to our average income in Edgewater the grant people would see we are not Boca Raton financially and it might give it more meaning. Councilwoman Lichter spoke about being on People Against Drugs and they have some money and they want to prevent kids from being on drugs as well as help those that get on them. She feels this is a good place to apply. City Manager Hooper asked her to get an application. There were no further Council comments. Councilwoman Lichter moved to approve Ord. 2001-0-05, second by Councilwoman Rhodes. The motion CARRIED 4-0. D. Public Hearing. Community Development Block Grant (CDBG) allocation for FY 2001/2002 and five-year proiection period update City Manager Hooper made a staff presentation. Staff recommends approval. vice Mayor Vincenzi opened this up for public comment. There were no comments. vice Mayor Vincenzi opened this up for Council comment. There were no comments. Councilman Brown moved for approval, second by Councilwoman Rhodes. The motion CARRIED 4-0. CONSENT AGENDA A. Joint Auction of Surplus Goods - staff requestinq approval for City Manaqer to enter into a contract with Fisher's Auctioneers for a ioint auction with the city of New Smyrna Beach and possibly Daytona Beach Shores B. Sanitary Sewer Lininq - staff requesting a~proval for city Manaqer to enter into a contract with Griner's Pipeline Services for sanitary sewer lininq by 'pigqy-backinq' the city of Orlando bid at a cost not to exceed $115.816.34 C. Planninq & Zoning Board Appointment - Councilwoman Lichter to consider the Board's recommendation to reappoint Charlene Zeese for another 3-year term Page -8- Council Regular Meeting April 2, 2001 ~ ...", Councilwoman Lichter asked to remove Item C. Councilwoman Rhodes made a motion to approve Items A & B of the Consent Agenda, second by Councilman Brown. The motion CARRIED 4-0. Councilwoman Lichter stated she pulled Item C because she wanted to comment on her recommendation of Charlene Zeese. Councilwoman Rhodes made a motion to put Item C back on the Consent Agenda and accept the Consent Agenda, second by Councilman Brown. The motion CARRIED 4-0. There was a brief discussion regarding having discussion on Consent Agenda items. OTHER BUSINESS A. Selection of Enqineerinq Consultant - staff recommendinq approval for City Manaqer to neqotiate a contract for enqineerinq services with Commander, Gierok and Associates for Construction Enqineerinq Inspection (CEI) and Phase II desiqn of the FIND Industrial Park City Manager Hooper made a staff presentation. The Engineering firm would provide inspection services and certifies completion, takes care of the paperwork and is our agent and representative for the City and FIND during the construction phase. The other component is the same firm to take the master plan and move on to do the design for Phase II. They interviewed two firms. There was a five-member selection committee that unanimously concluded to recommend award to Commander, Gierok and Associates. They are requesting that Council authorized city Manager Hooper and Mr. Wadsworth to negotiate a contract and bring back two work orders, one for construction phase services and the second one for the design services. FIND is paying for 100% of the construction and the grant pays for the design. This is not City money or taxpayer money. Staff recommends approval of that firm to negotiate a contract. vice Mayor Vincenzi asked for public comment. There was none at this time. vice Mayor vincenzi asked for Council comment. There was none at this time. Councilwoman Rhodes made a motion that the City Manager negotiate the contract for engineering services with Commander, Gierok and Associates for construction phase services of the FIND project and design services for Phase II of the FIND project, second by Councilwoman Lichter. The motion CARRIED 4-0. B. YMCA Siqnage - staff recommendinq approval of sign and placement of on an interior wall next to the front counter City Manager Hooper made a staff presentation. City Manager Hooper would like the YMCA to attend the next meeting to discuss programs for next year and update Council on the pool. They appear to be headed towards borrowing the money to do the pool. He would like to get them before Council so they can describe the pool and the Council can describe if they are happy or unhappy with that. vice Mayor Vincenzi asked for public comment. There was none at this time. Page -9- Council Regular Meeting April 2, 2001 ..... .."" vice Mayor Vincenzi asked for Council comment. There was none at this time. councilwoman Lichter moved to approve the sign, second by Councilwoman Rhodes. 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 informed Council of the Work Session on April 16th at 5:30 p.m. to discuss the Comprehensive Plan update. Police Chief Ignasiak presented a report on the reorganization order and changes to the Police Department. City Manager Hooper explained why this was not included in the Council packages tonight. City Manager Hooper stated they met with the Attorney for the City that was appointed on the insurance. He thinks it was a very good meeting. Councilman Brown asked if there was anything more on the cemetery. city Manager Hooper presented a report. CITIZEN COMMENTS/CORRESPONDENCE Mike Visconti, 316 pine Breeze Drive, told a story about Chief Ignasiak. He thanked Chief Ignasiak for being here. Councilwoman Lichter left at 9:19 p.m. Andy Anderson, pine Tree Drive, commented on why he likes the concept of the bikes within the Police Department. Doris Hill, 112 Lincoln Road, asked if the revision of the Comprehensive Plan has to go to the Department of Community Affairs. City Manager Hooper informed her yes. Ms. Hill questioned if there is still such a department. City Manager Hooper elaborated. They are looking to place the decision making down from the State more into the counties and cities level. That has to go through the legislature to be approved. George Ann Keller, Unity Tree Drive, stated over at Whistle stop Park they have cleaned out the area where the parking area is and now you can see where the vegetation has been removed and you can see the ditch. She asked if a fence is going to be put up to protect the children that will be using the ballfields and playground area. City Manager Hooper informed her that is private property. The City went in on a one shot basis to clean out that area. The Homeowners Association is looking to maintain. He didn't know if that included fencing. Ms. Keller feels something needs to be looked into. City Manager Hooper agreed to get with Mr. Corder and the Meadow Lake Homeowners Association. Paul Jenkins, willow Oak Drive, stated he made a phone call to Robin last week about a problem on Roberts Road. After he made the phone call the problem was taken care of. He is ashamed it was there for three weeks. He spoke about three holes Bell South dug on Roberts Road to work on their equipment. One of the holes covered the bike path right over to one of their boxes. It was forcing the kids into the street to go around it. Page -10- Council Regular Meeting April 2, 2001 '-" ...., Mr. Jenkins stated he would like to see some encouragement to the City workers to report those kinds of things as well as the rest of the citizens. Legal Assistant Matusick stated they are going to send letters out to all of the utilities where things have to be coordinated with the city and more strict guidelines for them to adhere to to prevent it in the future. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn at 9:25 p.m. Minutes submitted by: Lisa Bloomer Page -11- Council Regular Meeting April 2, 2001