02-05-2001 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
FEBRUARY 5, 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.
City Manager Hooper introduced Police Chief Michael Ignasiak.
APPROVAL OF MINUTES
A. Reqular Meetinq of Januarv 8. 2001
Councilwoman Rhodes made a motion to approve the January 8, 2001
minutes, second by Councilwoman Lichter. The motion CARRIED 5-0.
PRESENTATIONS/PROCLAMATIONS/PLAOUES/CERTIFICATES/DONATIONS
A. Harold Gallup requesting modifications. not cancellation. of
Convenience Bench Aqreement
City Manager Hooper informed Council this would be scheduled for
March 5th. He and Jack Corder met with Mr. Gallup today and he
has proposed some changes.
CITIZEN COMMENTS
Frank Gonzalez, 202 Schooner Avenue, expressed confusion
regarding the retention pond west of Schooner Avenue. He spoke
about the Homeowners Association maintaining the retention pond
and st. John's not having a waiver for the permit.
City Manager Hooper explained he was describing if there was a
meeting he would attend such. In conversations with Edgewater
Landing, they don't plan on having such a meeting.
Councilwoman Lichter stated she called the Chairman of the Board
to see if she could arrange a meeting. The expression to her was
they thought it was not an Edgewater Landing problem and that it
was a problem between Mr. Gonzalez and Radnor and Mr. Gonzalez
and st. John's. She tried to get them to participate and she
relayed that message to City Manager Hooper.
Mr. Gonzalez then questioned if st. John's can violate City
Codes. city Manager Hooper explained they supersede City Codes.
We approve drainage in accordance to their permits.
Mr. Gonzalez referred to and read City Code, Section 7, Page 760
Article V regarding excessive growth being prohibited.
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Councilwoman Lichter asked Mr.
violation right now with grass
City should look into the Code
Gonzalez stated yes.
Gonzalez if there is a Code
and standing water and that the
violation that exists. Mr.
Mayor Schmidt stated he thinks in the end, we aren't going to be
able to do anything right now. He asked City Manager Hooper if
he has been in contact with st. John's. city Manager Hooper
stated he has been. They described they have issued the permit
which he has copies of. There is a major difference. What Mr.
Gonzalez is talking about is inside the pond. Our Codes do not
cover wetlands inside this pond. He would be glad to walk the
site with Mr. Gonzalez and a Code Enforcement Officer and they
can talk about what he feels is a Code violation. The district
is clear they don't think there is a violation and they think it
was installed properly. They think there are no permit condition
violations.
Mr. Gonzalez gave City Manager Hooper a copy of a letter he
received two days after the January 22, 2001 meeting. City
Manager Hooper read it and said this is not what they described
to him and he would be glad to meet with st. John's. city
Manager Hooper read the letter for Council.
Mayor Schmidt asked why the letter was written to Mr. Youkon.
Mr. Gonzalez explained he didn't receive any reply to a letter he
had written and had a meeting with them and nothing was done so
he hired an attorney.
city Manager Hooper commented on a second letter that basically
describes the same thing as the first that was written to a Mr.
Mulholand in Pennsylvania, who is Radnor's attorney.
City Manager Hooper agreed to speak to William Carlie from st.
John's about this issue.
Fawn Wallace, 2611 Victory Palm Drive, spoke about being the
reason why the oaklynn cemetery became a public awareness article
in the newspaper. She spoke about pictures her daughter took of
various cemeteries for her photography class. She spoke of it
being in bad ruins and in desperate need of attention. She
thanked the Council for what they are doing to resolve this
problem. She is willing to volunteer her time as well as other
people she knows. She feels it doesn't matter what skin covered
the bones. What matters is when we all die we are allowed to be
put to rest and be left alone. She hopes as a community, that
through the awareness, maybe they could set up a group of people
that wouldn't mind volunteering their time to make sure this gets
rectified. She asked what can be done.
Mayor Schmidt asked City Manager Hooper to present an update of
what he knows so far. Councilwoman Lichter stated on the newly
annexed property which contains a cemetery they didn't know
anything about. Ms. Wallace explained she went out there with
her daughter and there is a War Veteran buried out there. The
oldest grave out there is dated 1825 and the newest grave is
dated 1968. She spoke of trees growing through the caskets. She
further commented on the condition of the cemetery.
City Manager Hooper presented an update of what has happened up
to this point. Our Attorney is talking to the State and City
Clerk Wadsworth is working on two or three options of other State
and Regulatory agencies regarding what options the City has. The
options include what they can do to fix up what is out there
right now and potential to relocate. They are trying to bring
all the information together so they can make better choices.
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Council Regular Meeting
February 5, 2001
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Councilwoman Rhodes questioned if this is an issue where a group
of people could get together and take care of it. City Manager
Hooper feels the best we can do right now is to keep people off
until they come up with the best answer and then work toward that
solution.
Ms. Wallace asked if Mr. Massey has the option to donate it to
the City so it can become a place where people can go and fix it
up. Through reading the paper and talking to the Historical
society, from what she has seen out there, they are talking about
310 plots being out there. She has seen roughly 50. She
questioned if there is anybody they could go to that would have
records to find out how big the cemetery was and who is there.
City Manager Hooper stated those answers have yet to be
developed. There are ways that it could be purchased by
different entities such as the State, County or city. Whether
Mr. Massey would be willing to donate, he has no clue. That has
not been a discussion with him. He spoke of them being plotted
gravesites but he hasn't been able to find anything that gives
him a record to how many are out there. City Clerk Wadsworth is
also trying to find records.
Ms. Wallace asked how they found out it was called Oaklynn.
City Manager Hooper stated he found out from the Press.
Councilwoman Lichter spoke about being here nine years and not
knowing about the cemetery due to it being in the County. She
spoke about associations running cemeteries but apparently that
is not there. She feels maybe they need to look at New Smyrna's
background and families as well as Edgewater.
Ms. Wallace spoke about another cemetery this had happened to on
Glencoe off of Sugar Mill.
Yvonne Jefferson, 2307 Umbrella Tree Drive, has family in the
oaklynn Cemetery. She commended Ms. Wallace and her daughter for
bringing this out. She stated her peoples have paid their time,
why can't they rest in peace. She is upset because the graves
have been broken into. She has a great grandmother and uncle
that have been buried out there. Her husband has a father and a
great grandmother buried out there. Mr. Alderman has a whole
family out there.
Ms. Jefferson stated Mr. Massey, his father used to come out to
the black section in New Smyrna. He knew them. There is no
excuse. He could have gotten in touch with them to let them know
about the cemetery being like that. They have families that
wanted to go out there and clean up their family graves. When
they went there there was a no trespass sign with a fence around
it. They take care of their own. She asked if Mr. Massey wants
to donate it. Their peoples have paid for that land. She asked
for the opportunity to go out there and clean it up. She asked
for help keeping young peoples from going out there and using
their peoples as a symbol for witchcraft. She asked to let their
peoples rest in peace. She asked to please tell Mr. Massey to
take the sign down and give them the opportunity to clean up
their families. She asked the Council to do whatever they can.
Mayor Schmidt asked City Manager Hooper if it would be a good
idea for the residents that know they have family out there to
draw up whatever information they can and give it to the City
Clerk so we can develop a record of knowing who is out there.
City Manager Hooper feels a list of next of kin families would go
a long way towards whatever steps occur next.
Mayor Schmidt made the suggestion to anyone that has family
buried out there, to get the information to the City Clerk.
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Council Regular Meeting
February 5, 2001
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Mayor Schmidt spoke about the children and adults and worshipers.
He feels that now that it is in the city the Police can have a
little better control on it.
Earl Jefferson, 2307 Umbrella Tree Drive, spoke about his great
grandmother's headstone being in the newspaper around Halloween.
He took it out there and tried to put it back and he was told it
was private property.
councilwoman Lichter spoke of vandalism in other cemeteries. She
feels a fence is appropriate but the group that is in charge have
access to get in there.
Ms. Wallace spoke about knowing a cemetery is a cemetery when you
ride by. She feels a cemetery needs to be marked. City Manager
Hooper explained it is on total private property. He spoke about
active cemeteries and maintenance. When he spoke to Mr. Massey
on Friday he described there had been vandalism and incidence in
the past that lead them to fence it. He has described to him
that anybody that has family there can still get in and out. He
agreed to speak further with him. He was trying to eliminate
vandalism and break ins. This is a very complicated issue and it
is going to take time to come up with solutions. He spoke about
solutions taking money and help from other agencies beyond the
City's control.
Ms. Wallace further spoke about the condition of the cemetery and
not being able to see it from the road and it not being marked.
Councilman Vincenzi feels city Manager Hooper should speak to Mr.
Massey who should be able to help out. City Manager Hooper
stated he has acknowledged that. He is interested in finding a
solution and he can be part of making a contribution for the
solution.
Mayor Schmidt stated in the near future Air Park is going to be
realigned. City Manager Hooper stated the other side.
Mr. Jefferson asked how a cemetery becomes private property. How
do you buy a cemetery?
Councilwoman Rhodes asked if there is such a thing as official
and unofficial cemeteries. City Manager Hooper spoke about State
requirements that you have a certified license to operate one.
This never has had a license. He spoke of a map that shows a
number of gravesites that he can't find which has never been
filed with the State. It appears the burials have taken place on
private property.
Councilwoman Rhodes asked when the bodies where buried there was
that private property. City Manager Hooper stated it is his
understanding yes. Ms. Jefferson stated it was donated to the
black race. Councilwoman Rhodes asked who donated it. Ms.
Jefferson agreed to find out.
Councilwoman Rhodes would like to find out who owned the property
when the cemetery was put in then maybe they could work back from
there and come to a resolution as to how to solve it. City
Manager Hooper stated that is where they are headed.
Councilwoman Rhodes stated you can't just go to Mr. Massey and
say you have a cemetery on your property and we are going to take
this property from you. They have to find out how it came to be
there and when they find that out, then they can make the
decision as to if it can stay there or if it needs to be moved.
They are going to do everything they can to see that these graves
are respected.
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Council Regular Meeting
February 5, 2001
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Jeanne DelNigro, 3130 Tamarind Drive, stated she read something
in the paper this morning regarding reclaimed water that they
want to put a meter charge, put it up to $7.50 per hour and $.50
per 1,000 gallons that are being used.
Mayor Schmidt stated he believed that was only one option talked
about. There has not been any decisions. They are just
pondering what other cities do to control the water.
Councilwoman Rhodes spoke about abuse of the reclaimed water and
looking at different options to stop that abuse.
Ms. DelNigro stated when the reclaimed water first came into
Edgewater it was to hook it up and $5 a month for all the water
you wanted. She stated people can't even get the water and they
are still being charged $5 per month. Mayor Schmidt stated that
is one of the reasons they are looking at different options.
Ms. DelNigro stated if you are looking into different options,
why in the paper did they put going up to the $7.50 and putting a
meter. Why didn't they list a couple of the other options?
Mayor Schmidt informed her she would have to contact the paper.
Ms. DelNigro stated so in other words we don't have enough
reclaimed water for everyone to use in the City of Edgewater that
purchased it. Mayor Schmidt stated if everyone used reclaimed
water the way it should be used and needs to be used, they do
have pressure problems. He thinks overall we have enough water
if everybody watered the way their lawns needed it and not
watered it seven days a week. City Manager Hooper commented on
the tremendous demand. He spoke about when the system was
originally built and the high demand now. Tonight the Council is
going to be asked to look at expanding the reclaimed system. The
option in the paper were saying if they can't do something in the
future to control the amount of water they would look to future
finds followed by meters and irrigation rates. If they can't
control it any other way that is a last resort.
Ms. DelNigro feels then they tricked the people into getting the
reclaimed water. city Manager Hooper stated he doesn't think
tricked. Ms. DelNigro stated when it came in it was $5 a month
for all the water you could use every day of the week. Now they
want to limit the people but still charge the $5 per month. Do
you have the water? City Manager Hooper stated we would have the
water if people would use a responsible amount. There is an
education about conservation of that water that needs to be done.
Ms. DelNigro was very upset about the officer that got arrested
for molesting a child. Mayor Schmidt stated allegedly at this
point. Ms. DelNigro stated he resigned so she finds him guilty.
That is her opinion. She feels he made a mockery out of the
Edgewater police Department. Councilman Vincenzi stated they
agreed that he was an embarrassment. He didn't embarrass the
Police Department.
Ms. DelNigro asked why it took so long to come out in the papers.
city Manager Hooper stated because the State Attorney did the
investigation. The first week it came to our attention it was
turned over to them. It hit the papers at the time the State
Attorney issued the warrant for his arrest.
Ms. DelNigro asked about in-house investigations. City Manager
Hoper stated this was not done in-house. It was done by the
State Attorney. Ms. DelNigro stated in the past everything that
has come up in Edgewater has always been an in-house
investigation. When Chief Schumaker was here and she is one that
had two problems that called him and two in-house investigations
were done and two phone calls from him that said he wasn't going
to do anything. She wished every Councilmember would make a
decision with the new Chief of Police.
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council Regular Meeting
February 5, 2001
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City Manager Hooper commented on the way they do internal
investigations. He spoke about going outside for criminal
investigations of our own employees.
Freeman Newell, 2450 S Ridgewood Avenue, stated about a year ago
they told him they were going to clean out the ditch and when he
told them they cleaned about 50 to 70 feet and left on a
Saturday, it has been a year later and they haven't been back.
Mr. Newell stated in the 22 years he has been there he never had
kids on dirt bikes. If he ever catches them riding between
mobile homes in his park he is going to knock them off of them.
They come from Silver Ridge. There were two of them that came
through yesterday morning. He followed them to Silver Ridge. He
didn't call the Police because you can't do nothing if you can't
catch them. He wanted to make the Council aware of it.
Mayor Schmidt suggested before Mr. Newell say again what he would
do, try and see who they were. Get it on record with the police
so they can watch. Mr. Newell feels that is private property and
if they are on private property they shouldn't be there. Mayor
Schmidt stated that is why they have the police.
Councilwoman Rhodes asked Mr. Newell if he saw them. Mr. Newell
informed her he followed their tracks. Councilwoman Rhodes
advised him to call the police. You would be surprised how the
police officers do know who the kids are.
Mr. Newell stated whether he knocks them off or not at least he
stops them because you can knock them off and hold them on the
ground until they get there.
Mr. Newell spoke about putting a fence up. City Manager Hooper
stated he would need to look at a permit as to whether he can.
Mr. Newell stated he's got $20,000 on that drainage ditch and if
they want to get into that they can get back into that. He is
hot over that still but he is letting it go.
City Manager Hooper informed Mr. Newell before he takes action on
his own property he needs to call the Police Department. Mr.
Newell stated you do in most cases if he isn't mistaken. City
Manager Hooper informed him he could be very mistaken. Mr.
Newell stated he didn't think so. If someone comes in your house
what can you do then? Do you have to call the police before you
can stop them from doing anything? city Manager Hooper stated
there is a difference between your yard and in your house.
Councilwoman Rhodes stated if you feel your life is in jeopardy
then you can do something. She doesn't think motor bikes going
through the mobile home park is putting your life in jeopardy.
The only time you can do something is if you fear for your life.
Mayor Schmidt stated the Chief is aware of it.
Mr. Gonzalez stated he has been hearing about the low pressure on
the reclaimed water system. He feels there are some other
solutions. If he can be of any help, he can do it.
There was a ten-minute recess at this time.
CITY COUNCIL REPORTS
Councilman Brown stated last week he was in City Hall at the
water department paying his water bill and a gentleman walked in
with a bunch of plans and they directed him to the area where he
needed to go. Right after that he happened to be involved with
the meeting that City Manager Hooper was having with the
Department Heads and sometimes it looks so simple when we get
stuff in front of us here and when you all get the word about how
things happen in this City and when you listen to what they go
through to get this to simple to where they can deal with it it
amazes him. He has great admiration for them.
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Council Regular Meeting
February 5, 2001
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Councilman Brown referred back to the person that was looking for
plans. He was coming out and he was coming back with a big smile
on his face. He feels our city has become user friendly. He
said he had never worked with a Code Enforcement and Land
Development Department that has been congenial, easy to get along
with and friendly.
Councilman Vincenzi stated his wife works for someone that has a
business on Canal street and when someone comes to him and wants
to know about opening a new business, he sends them to Edgewater
because they are easy to get along with.
Councilman Vincenzi asked if anyone has noticed the street signs.
They are disappearing, the ones with the advertisement, due to
Mr. Hooper's efforts. City Manager Hooper stated it is really
due to Mr. Corder's efforts. Councilman vincenzi feels this is a
fine example of responsive government. City Manager Hooper
stated there are three left. We are waiting on Florida Power &
Light.
Councilwoman Rhodes welcomed the new Chief of Police. She
informed him this is a pretty normal night.
Councilwoman Lichter stated the Chief assured her he would be
back tomorrow.
Councilwoman Lichter stated Deborah Green works for the Water
Alliance and she is in charge of educating the public in
restrictive use of water, especially with wells. She will be
having workshop meetings on landscaping and how to turn off
sprinklers, how people can regulate their sprinklers. There will
be a landscaping save water workshop at the agricultural center
out on SR 44 from 9 to 12 on February 24th for the first 100
people.
Councilwoman Lichter spoke about a couple of complaints she
received in terms of the fluoride vote from residents in the
community that got the letter from the Health Department. The
letter implied the City asked her to write it. That really isn't
so. This City put out literature regarding the pros and cons of
fluoridation. She resented this personally. She was hoping
people would have enough sense to look up their own stuff but
also the fact that she is tying us in with them and we didn't
make that judgement.
Councilman Vincenzi stated there was another one and he felt that
one was also not right due to it being pro-fluoridation. He got
the impression it was paid for with County tax money.
Councilwoman Lichter stated she was hoping that the citizens of
this community, that by turning it back to them and not making
the judgement ourselves, that they would do their homework. She
thinks a lot of them did. Some absolutely chose not to vote.
She feels this letter is making them look like they came on one
side of the issue which she resents because they didn't. Mr.
Wadsworth presented both sides.
city Manager Hooper spoke of there being two cycles for the water
bills. They have just finished cycle one which is about 50% of
the total customer base. Right now it is running about 26% for,
26% against and the balance no response. He feels that letter
doesn't seen to have an impact. The vote count has been swinging
back and forth. Cycle two is about this same number so they have
almost 4,000 votes with another 4,000 to come in.
City Manager Hooper mentioned it being irritating when public
money is spent when over half the vote is gone.
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Council Regular Meeting
February 5, 2001
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Councilwoman Lichter spoke about an article in the News Journal
on February 4th talking about Esther Hawks. She is proud we have
Hawks Park name.
Councilwoman Lichter mentioned Clean Scene Day on February 17th.
Mayor Schmidt spoke about flyers that appear on your car in
shopping centers. He asked if they have something on the books
against this. He doesn't mind them but they do annoy him. His
first instinct is to pitch it. He asked if there is a nice
letter to send to them saying don't do it. Legal Assistant
Matusick said there is no ordinance in regards to this.
Councilwoman Lichter stated she thinks there is a permit. city
Manager Hooper stated there really isn't. What is occurring is
they are on private property at that point. They are able to
just walk in and put those on various cars. We can gather some
of that information and look at ways. They can permit depending
on the activity. Councilwoman Lichter stated no you really have
to get permission. Mayor Schmidt asked city Manager Hooper to
look into this.
Mayor Schmidt stated on March 27th the Volusia League of cities
is making plans to have Volusia Day 2001. Last year they did
this for the first time. What it is is you take over the Capitol
for a day, the atrium in the Capitol and you show off what
Volusia County has. He would like to see Edgewater get involved.
In order to make this work the Volusia League of cities is asking
some assistance from every city in the amount of $300. They
serve lunch to the politicians and show them what you have to
offer. He would like Council's blessing to get involved with
this. He plans on being up there. They have the SR 442 issue
among other things that he wants to talk about. He feels it is a
cheap investment for what they could get out of it.
It was the consensus of Council to get involved.
Mayor Schmidt stated on April 22nd is going to be their first
actual Southeast Volusia fund raiser for the fireworks display.
Preliminary plans have it in the YMCA/city gYm. It is going to
involve approximately six basketball games between teams from Oak
Hill, Edgewater, New Smyrna and the local news. They are also
going to have things for the kids to do. The final game will not
be basketball but it will be indoors. They are going to work on
having concessions by the Edgewater Volunteer Fire Department.
PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS
A. Res. No. 2001-R-01. establishinq a reqional oartnershio
between the cities of Edqewater. New Smvrna Beach. Oak Hill and
Port Oranqe relatinq to a Reqional Public Safety Disoatch Svstem
City Manager Hooper made a staff presentation.
Legal Assistant Matusick read Res. 2001-R-01.
Councilwoman Rhodes asked Police Chief Ignasiak if he had an
opinion on this. Chief Ignasiak commented on his experience with
working with a Regional Communication Center. He is delighted
the City is looking at this. He feels they will see significant
savings and increase in the quality of services over time.
City Manager Hooper commented on. the next step being the
technical staff meeting.
Councilman Brown asked the cost they are looking at for initial
setup. City Manager Hooper stated at this point there isn't one.
That is what this authorizes staff to do.
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Council Regular Meeting
February 5, 2001
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Councilwoman Rhodes asked if they have spoken to the City of
Daytona Beach because they did this at one point and had to undo
it because it didn't work for them.
city Manager Hooper commented on conversations he has had with
their City Manager. He further commented on the County
discussing this with cities on the west side.
Councilwoman Lichter commented on the existence of the County
being there. City Manager Hooper commented on developing a first
response, the closest unit would respond which mayor may not be
the County but it would be among the cities and that would force
the County to work better and closer with us.
Councilman Vincenzi made a motion to approve Res. 2001-R-01,
second by Councilwoman Rhodes. The motion CARRIED 5-0.
B. Res. No. 2001-R-02. approval of reclaimed water system
improvements. commencement of enqineerinq for same. and
Reimbursement Resolution for reimbursinq funds used for temporary
fundinq of the reclaimed water system improvements
City Manager Hooper made a staff presentation.
Councilwoman Rhodes hates this but feels it is a necessary evil
that they are going to have to do it.
Councilwoman Lichter expressed concern for the people that will
never have reclaimed water that will be paying for this. City
Manager Hooper stated it is total user fee that will come out of
the Enterprise Fund. Councilwoman Lichter stated user fee is the
whole City. city Manager Hooper stated it is the utility
customers that it will come out of. He expects they will be
talking of some level of rate increase for reclaimed customers in
the fairly near future.
Councilwoman Lichter feels the people that use it should pay more
than those that don't use it. Mayor Schmidt also expressed
concern with the people that will never see it or use it. City
Manager Hooper asked them to keep in mind this is the effluent
disposal for the entire City. Everybody benefits from that
environmental enhancement and that becomes a component of
everybody's discharge.
Councilman Brown asked if there is a way when they pump water out
of the lake, can you pump the water back into the lake when the
water isn't being used. City Manager Hooper explained it is a
one way. They look at one time to use the lake for storage but
the State didn't say they couldn't but they made it to expensive
and difficult to study that the choice was just to use it for
augmentation to take out to put in the system instead of trying
to store in the lake.
Councilman Vincenzi asked what the lake is fed by. City Manager
Hooper stated it is probably ground water. When they look at the
lake it's not down which tells him it is probably a pretty good
charge out of the aquifer currently.
Councilman Vincenzi asked if the pulling water out of it will be
continual. City Manager Hooper commented on it being when
needed, probably three or four months they won't have any. It
will be used more during the spring and fall.
Councilwoman Rhodes stated but you have a level below which you
can't go. City manager Hooper stated they have a quantity, you
can't draw more than a certain amount. They will be monitoring
it because if salt water starts to appear, they've got a problem.
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Council Regular Meeting
February 5, 2001
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Councilwoman Rhodes questioned salt water intrusion in wells.
City Manager Hooper stated the solution is they would quit
pumping. That is part of what they would monitor. If they have
problems in the surrounding area, DEP would probably say no more
withdrawals out of that.
Councilwoman Rhodes stated but this has been looked into and it
is unlikely. city Manager Hooper stated it is unlikely.
Councilwoman Rhodes would hate to go through this and pay all
this money and then not be able to use it.
Councilwoman Lichter asked if such a problem occurs, can it be
solved. City Manager Hooper stated from an engineering
standpoint you can solve it but it is expensive. He commented on
the preliminary investigation that has been done.
Councilwoman Lichter asked if we have a lot of private wells.
Mr. Wadsworth explained there are quite a few private wells in
the City as a whole. They are an alternative in areas that don't
have reclaimed for irrigation. We have a very specific
monitoring plan and withdrawal criteria that exists for the lake.
He spoke about the lake being modified to accommodate stormwater
flow so it does get replenished during storms.
Councilman Brown asked if when this is done they will no longer
be dumping anything into the river. Mr. Wadsworth stated for the
most part you can say that unless we have a major storm period.
Councilman Vincenzi asked how much we are dumping into the river
today. Mr. Wadsworth stated average day for the past year
probably right around 200,000 probably a little under. We are
allowed by permit up to 833,000. He further commented on the
limited storage for reclaimed water.
Legal Assistant Matusick read Res. 2001-R-02.
Mayor Schmidt opened the public hearing.
Mike visconti, 316 pine Breeze Drive, spoke about not doing
anything about conserving the water. He spoke about using a
container like the recycling bins to catch water from your leader
which holds approximately 20 gallons of water. He suggested to
the Council that Edgewater be the first city to do this.
Cliff Clark, 342 pine Breeze Drive, spoke about being around when
they first started the reclaimed water. They didn't know what
they were going to do with it. He thinks they got in trouble
with st. John's for dumping into the river too much. He further
spoke about the pressure. He agreed to monitoring the water. If
they weren't using that water and it had to back into the river
as effluent they would be in trouble. He spoke about using it
and it going into the ground and back into the aquifer. He
doesn't know the benefit to catching the water. He spoke about
the money spent to start the reclaimed water program. He spoke
about the $2 million improvements. He feels it is good they are
using it because it prevents the water going back into the river.
He is for it without going through a $2 million expense. He
doesn't know where that would come from.
Myron Hammond, 1821 Royal Palm Drive, spoke about rejetting and
running more lines under SR 442 when they pave it. He asked if
this is going to happen and if it will be part of this project.
City Manager Hooper stated that is part of it, expanding the
distribution system under SR 442 with bigger and better pipes.
They will not do that until the road improvement goes in. That
will move more water to the south.
Mr. Hammond spoke about the lack of water. He sees people
constantly watering all the time. He is in favor of this.
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Council Regular Meeting
February 5, 2001
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City Manager Hooper spoke about the issue of fines and
enforcement being on the February 12th work session with regard
to water.
Mayor Schmidt closed the public hearing.
City Manager Hooper informed Council approval of this requires
three votes. The first one being approving the concept, the
second being the authorization of the contract to do the
engineering at a cost of $96,726 paid for out of the money we are
going to get from the Water Management District of $202,000,
third being the reimbursement resolution.
Councilman Vincenzi made a motion to approve implementation of
reclaimed water system improvements subject to approval of the
reimbursement resolution, second by Councilwoman Lichter. The
motion CARRIED 5-0.
Councilman Brown made a motion to enter into an agreement with
Honeycutt/PEC to perform engineering services to provide final
design and preparation of construction plans, specifications,
related bidding documents and associated bidding and construction
administrative assistants for the City of Edgewater's reclaimed
water system improvements at the city's Wastewater Treatment
Plant, second by Councilman Vincenzi. The motion CARRIED 5-0.
Councilwoman Lichter made a motion to approve the Reimbursement
Resolution 2001-R-02, second by Councilman Brown. The motion
CARRIED 5-0.
CONSENT AGENDA
A. Road Resurfacina - staff reauestina approval to piaavback on
the Volusia County resurfacina bid with Halifax Paving at a cost
not to exceed $300.000
B. Surplus Eauipment - staff reauestina approval to declare
retired City eauipment surplus and to offer items for public bid
C. Appointments to the Veterans Park Advisory Committee - Mayor
to consider recommendations of the Board to reappoint Ravmond
Saunders and Walter Heck for another two year term. and to
appoint an At Larae member
Mayor Schmidt submitted the name Connie Whitlock.
D. Pelican Place Road pavina - staff reauestina authorization to
execute and record easements to facilitate the road pavina and
stormwater improvements
Councilwoman Lichter made a motion to approve the Consent Agenda,
second by Councilwoman Rhodes. The motion CARRIED 5-0.
Councilwoman Lichter asked city Manager Hooper when Pelican Place
will be repaved. City Manager Hooper informed Council what they
just approved is the authorization to record the easements. They
have bids in hand that are within the threshold of his allowance
to sign off. He will sign off on those. Mr. Wadsworth said
hopefully within the next two weeks they will start construction.
City Manager Hooper informed Council they will have coming back
to them establishment of the assessment district. The price is
slightly under $15,000 to get the road paved.
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Council Regular Meeting
February 5, 2001
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OTHER BUSINESS
A. Meadow Lake Homeowners Association - reauestina the city do
the initial cleanina of a water retention area. construct a
sidewalk on Roberts Road and consider completina a roadway
connectina 28th street to Roberts Road
City Manager Hooper made a staff presentation. staff
recommendation is to complete item 1, add item 2 (sidewalk) to
the FY 2001/2002 budget. He can't recommend a connection of a
road that would go from 28th street to Roberts Road. He would
like to look at 28th street being connected to u.s. #1. They
have contacted the property owner who has indicated they do want
to talk to them. They will be looking at that.
City Manager Hooper informed Council what they are being asked to
do is approve staff to go on to the site and clean the existing
pond on Track A and direction to place in the budget next year
the sidewalk along Roberts Road south to Whistle stop Park and
continue their efforts on 28th to make that a connection to u.s.
#1.
Councilwoman Lichter spoke about monitoring how many cars go
through the development and speed.
City Manager Hooper informed Council we have the new Smart Kart
and they will place that in the neighborhood coming up. In the
next round of traffic studies they are putting traffic counters
to locate the number which will be in about three months.
Mayor Schmidt asked about having the light on Roberts Road from
the shopping center to the railroad tracks looked at. Mr. Corder
stated he is working on a plan from the school to the shopping
center. City Manager Hooper agreed to look at it. He informed
Council they have on the agenda for February 12th the master plan
for street lights.
Mayor Schmidt stated this sidewalk has been talked about for a
while. How hard would it be to do it this year? City manager
Hooper stated it can be done. They could appropriate $5,900
during the mid-year budget. He agreed to bring it back to
Council. Mayor Schmidt thinks for safety concerns and with the
kids and the adults, if they can make it where they don't have to
cross that road and put the sidewalk behind the guard rail to be
able to go to the park, he thinks that is something they should
do now.
City Manager Hooper asked for a vote to authorize staff to clean
out the pond, that they place on the mid-year budget the $5,900
for looking at the sidewalk and installation of the sidewalk, and
continue what they are doing with the cost analysis to extend
28th Street to U.S. #1. Councilwoman Rhodes so moved, second by
Councilwoman Lichter. The motion CARRIED 5-0.
OFFICER REPORTS
City Clerk Wadsworth had nothing at this time.
Legal Assistant Matusick informed council the residents of
Pelican Place were extremely appreciative of what the Council has
done to get the road paving project done.
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Council Regular Meeting
February 5, 2001
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city Manaqer
1) Results of questionnaire on addinq fluoride to city's drinkinq
water
City Manager Hooper stated they have already talked about the
results. It is running, if you round numbers, 25% for, 25%
against on the fluoride and about 50% non-responsive. They will
have the final numbers on the March 19th agenda.
2) Consider creatinq a community Redevelopment Aqencv (CRA)
City Clerk Wadsworth put up a map.
City Manager Hooper referred to a written description in the
Council package of what a Community Redevelopment Agency does.
It is basically a geographic area that is deemed by Council and
also needs concurrence from the County to be a blighted area.
The proposed thought is to adopt that area as a CRA. When a CRA
is put in place, there is tax increment financing that goes with
that, which allows any increase in the property's assessed value
to stay within that particular geographic area and to be spent on
a very specific list of improvements. They would go through and
develop a blight study and then they would come back and say here
is a list of improved projects that it would take to bring that
up to full development potential. That list would be how the
money is spent. You are actually capturing money that comes
within the City'S increase of assessed value but most important
you are also catching County money. It covers City and County
property tax. It does not cover School Board tax. There is a
CRA Board that is anywhere from five to seven members which will
be established by Council. He recommended that it be the council
serving on the Board as well as somebody from the FIND project
and a major property owner. The CRA sets up a budget and
determines how the money will be appropriated per year. CRA's
exist in nearly all other major cities in Volusia County. This
would be our first. They will be looking at a second of a
redevelopment area of a long downtown maybe Park Avenue toward
the river or along u.S. #1 which will come later in conjunction
to a relocation of city Hall and defining a downtown area and
more of a plan. This is more of an economic incentive program.
City Manager Hooper commented on the list of resolutions and
ordinances that have to take place. They have sought proposals
from consultants. This whole package costs $80,000 to $100,000
if they went out for consultants. They are going to propose that
they don't do that. They are going to do it in-house with
current staff. He spoke of this being a major work effort for
the Planning Department. He would like to see this implemented
during the month of May. He would like direction from Council
that this is what they want to do and authorization to start to
develop these resolutions. The first one has to go to Volusia
County and get approval from them that that would be the boundary
and they would start with that point.
Councilwoman Lichter asked where the cemetery is on this map.
City Manager Hooper pointed it out to her. Councilwoman Lichter
asked if that would require a detour in this plan. City Manager
Hooper stated this does not require any approval from property
owners or anything to do with property acquisition. This is
really a financing mechanism.
Councilwoman Lichter asked if the Planning Department needs
additional help on a temporary basis. City Manager Hooper stated
he wished he could tell them the answer would be temporary help
but it is such a complex process if you go through and bring
temporary help it couldn't help. They have a number of staff
besides those in the Planning Department that will be involved.
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Council Regular Meeting
February 5, 2001
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Mayor Schmidt asked if our legal department is comfortable and
have some experience in all this. City Manager Hooper stated
yes. We have been through it with Foley & Lardner. He has
worked recently on two of these and implemented two of these.
They have gotten copies of what Port Orange has just completed.
Councilwoman Rhodes is excited to see that this is finally going
to happen. Councilwoman Lichter is excited but scared.
City Manager Hooper commented on the number of building permits
being issued now and major changes in the future.
Councilman Brown made a motion to head in that direction, second
by Councilwoman Rhodes. The motion CARRIED 5-0.
CITIZEN COMMENTS/CORRESPONDENCE
Richard Jones, 1530 Sabal Palm Drive, feels what Council just did
makes him excited too. They proposed that to the City six years
ago when he was Chairman of the Economic Development Board.
Barbara Valentino, 2830 Orange Tree Drive, spoke about lights on
Roberts Road. She asked if they are going to get higher wattages
on the lights in Florida Shores. City Manager Hooper stated that
is part of what they are looking at. He informed her on the work
session they will have a master plan describing location of
lights throughout the city and to either do new lights as far as
sites as well as upgrading the wattage we have. Ms. Valentino'
stated she would appreciate that. She feels the wattage is very
low.
ADJOURNMENT
There being no further business to discuss, Councilwoman Rhodes
moved to adjourn. The meeting adjourned at 9:25 p.m.
Minutes submitted by:
Lisa Bloomer
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Council Regular Meeting
February 5, 2001