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02-05-2001 - Regular '-If ..... 'I 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. -.r ~ 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. Page -2- Council Regular Meeting February 5, 2001 --- -."""I 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. Page -3- Council Regular Meeting February 5, 2001 '-" ,.."", 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. Page -4- Council Regular Meeting February 5, 2001 ,... ..." 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. Page -5- council Regular Meeting February 5, 2001 '-" ....." 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. Page -6- Council Regular Meeting February 5, 2001 ...... ""wJf 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. Page -7- Council Regular Meeting February 5, 2001 ...... ~ 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. Page -8- Council Regular Meeting February 5, 2001 .... ..."" 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. Page -9- Council Regular Meeting February 5, 2001 ~ ~ 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. Page -10- Council Regular Meeting February 5, 2001 ...... ....., 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. Page -11- Council Regular Meeting February 5, 2001 ...... .."." 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. Page -12- Council Regular Meeting February 5, 2001 ...... ..., 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. Page -13- Council Regular Meeting February 5, 2001 ~ ..., 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 Page -14- Council Regular Meeting February 5, 2001