01-22-2001 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
JANUARY 22, 2001
7:00 P.M.
COMMUNITY. CENTER
MINUTES
CALL TO ORDER
Mayor Schmidt called the Regular Meeting to order at 7:05 p.m. in
the Community Center.
ROLL CALL
Mayor Donald Schmidt
Councilman James Brown
Councilman Dennis Vincenzi
Councilwoman Harriet Rhodes
Councilwoman Judith Lichter
City Manager Kenneth Hooper
city Clerk Susan Wadsworth
Legal Assistant Robin Matusick
Present
Present
Present
Present
Present
Present
Present
Present
INVOCATION. PLEDGE OF ALLEGIANCE
There was a silent invocation and pledge of allegiance to the
Flag.
APPROVAL OF MINUTES
A. Reqular Meeting of December 18. 2000
Councilwoman Rhodes made a motion to approve the December 18,
2000 minutes, second by Councilwoman Lichter. The motion CARRIED
5-0.
PRESENTATIONS I PROCLAMATIONS IPLAQUES/CERTIFICATES I DONATIO NS
There were no presentations at this time.
CITIZEN COMMENTS
Mike Thompson, Volco Road, opposed the land development. He
reviewed it tonight and feels it is worse than he expected. He
spoke about taking the sawgrass ponds and making regular ponds
out of them. He spoke about filling in some low areas. He feels
as far as their development goes, he feels a 60 X 120 foot lot
turns into a little ghetto where the crime rate is high. He
feels the land developer isn't doing Council any favors. He
further spoke about eight people that have seen panthers and he
can come up with another eight people.
Mr. Thompson spoke about having a County wildlife Officer, Mike
Thomas and stated if anybody can tell them what is in the
hammock, he can.
Mr. Thompson stated he feels this is an ill-conceived idea.
Mayor Schmidt stated the wildlife people will be involved in all
this.
City Manager Hooper spoke about the picture on the panther. It
went to Mr. Thomas's supervisor, it has gone to Fish and Game.
He took it to the UCF Dean of Zoology. Preliminary reviews have
been done and if it is habitat that is suspected to hold a
panther, they will have to do transex where they set someone up
day and night and they look for tracks. Those things are all
covered and those will be the people that will review and issue
permits.
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Francisco Gonzalez, 202 Schooner Ave, passed out and read a
letter with regard to the dry type detention pond in Edgewater
Landing west of Schooner Ave.
Councilwoman Lichter asked Mr. Gonzalez if the Board of Directors
and City Engineer came up with the setup that is there now. Mr.
Gonzalez stated the Board of Directors of Edgewater Landing do
not accept any of his recommendations. He commented on his
experience with water. He stated he knows what he is doing and
they don't accept his recommendations.
Mayor Schmidt asked what they need to do. City Manager Hooper
explained they are in compliance with the permit. They have a
permit from the st. John's River Water Management District.
There are two permits that have been issued. The first permit
was for the construction that went on. They did not complete all
of the construction and certify completion back to the Water
Management District. Somebody came and talked to Kyle Fegley who
got with Mark Dowst and they submitted a permit modification and
they submitted to the Water Management District here is the cure.
The Water Management District said they did not need a permit and
concurred with them that that was the cure. That was put in
place by the contractor. Since then there has not been any
further changes to the stormwater. If there are changes that
would need to be in place, that is not City owned structures.
The Water Management District would need a permit that would come
from either the Homeowners Association or the City could on
behalf of the homeowners work with them. He has been on site and
he can't tell the Council that there is any cure. There is an
area that is wet that was wet before the permits. There is a
drainage issue that is there. There is a slope and an invert
that is a little higher that holds water during certain times
when that soil is wet and it soaks into that and piles up some.
That is a normal condition. It was originally intended that it
would not hold water and it doesn't. It holds wet soils.
Mr. Gonzalez stated it is holding water because it was not
designed correctly. He commented on the modifications not being
finished. If these problems are not corrected, his house is
going to be affected.
Councilwoman Lichter asked whose responsibility is it to maintain
it. city Manager Hooper stated as far as he knows it is up to
the Water Management District when they issued the permit to
identify who that is. In the permit, it is the Edgewater Landing
Homeowners Association. Mr. Gonzalez stated this is a commercial
area and in the commercial area the responsibility to maintain
this pond is Radnor corporation.
Councilwoman Lichter asked if there is any way to ask the Board
of Directors to look at this again or st. John's to take another
look at it. She feels Mr. Gonzalez has a legitimate problem that
may not have been solved in the best manner. City Manager Hooper
stated certainly the Board can do that or they can request the
Water Management to come back out and look at it. When we had
major flooding two years ago, this area did not have a problem.
Mr. Gonzalez commented on the effluent pipe is supposed to be
empty but it is not. This is the property of Radnor corporation
not the Homeowners Association and they are responsible for this.
He asked Council to send a letter to these people. He would like
to see this area mowed.
City Manager Hooper stated he would like to meet with
representatives from the Homeowners Association, Radnor and the
City and learn more about this. Everything he can find in the
records and permits all put it back in the hands of either Radnor
who is the owner of the property and the permits that went in
went in in conjunction with Edgewater Landing. At this point,
the City has nothing there. Page -2-
Council Regular Meeting
January 22, 2001
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Mayor Schmidt stated if there is an upkeep issue, is there a way
the City steps in to enforce the upkeep of it. city Manager
Hooper stated the only way that works is if it is dedicated,
built or platted and something is dedicated. The city structures
that we maintain for drainage are given to the City when it is
platted. If it is on private property and put in to relieve
drainage coming out of Edgewater Landing, it goes through nothing
but private property we aren't into it until Radnor builds that
and does something with it and dedicates it. That is what
Edgewater Landing, Radnor and st. John's have described to date.
Mr. Gonzalez spoke about a complaint he filed with the Board of
Professional Engineers of Tallahassee regarding false information
given by Radnor. He also complained about not being invited to
the Board of Directors Meetings for Edgewater Landing.
City Manager Hooper spoke about part
the Board of Directors meets they do
when he meets he doesn't bring them.
handle around the whole issue.
of the problem being when
not invite Mr. Gonzalez and
He stated he can't get a
city Manager Hooper agreed to look into this.
Mike Visconti, 316 pine Breeze Drive, spoke about fluoride in the
water. He read some of the comments he got off of the Internet.
He wanted to make the public aware there are dangers and side
effects with fluoride. He. further commented on what causes tooth
decay. He is going to vote against fluoride in the water on his
water bill.
Tammy BaIley, expressed concern with the Golf Course surrounding
her house and she has a well. She feels checking the water two
times a year isn't enough considering she has a well. She feels
when they start bringing in the heavy equipment it will disturb
the eagles. She expressed concern with the pesticides people
will be putting on their lawns and where it will runoff when it
rains. She spoke about how dry the Volco hammock is. She showed
Council a picture of a panther. She is glad to see the Council
is concerned and that they are asking a lot of questions.
Dominic Capria, 606 Topside circle, asked if the City at any time
give st. John's the authority to waive the City codes. City
Manager Hooper stated the City can't do that. There are Water
Management District requirements that overlay anything the City
is going to do.
Mr. Capria spoke about no permit applied for or granted when they
put the line in Edgewater Landing. City Manager Hooper stated
there is a permit because the City has a copy of it.
CITY COUNCIL REPORTS
Mayor Schmidt had nothing at this time.
Councilman Brown had nothing at this time.
Councilman Vincenzi asked the status of the street signs that
were supposed to be taken out. City Manager Hooper stated he has
talked to our Attorney and he has told us he is going to appeal
that decision and maybe file legal suit. He is trying to
determine whether he has any legal grounds. Our attorney has
described that there are none. He doesn't have any valid DOT
permits so at this point he is being told to take them out.
Mayor Schmidt stated we have a contract that says we could get
out of it at any time. Councilman Vincenzi asked our recourse.
He would like to see them out of there even if the City workers
take them out. City Manager Hooper agreed to speak to the City
Attorney about such and report back at the next Council meeting.
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Council Regular Meeting
January 22, 2001
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Councilman Vincenzi asked about the benches. City Manager Hooper
stated they had a request where the individual would like to meet
and talk of putting in benches for free, non-advertised and in
exchange wants to keep a few locations. He has asked to meet
with city Manager Hooper and Mr. Corder but he has had a hernia
operation and hasn't done that. He is scheduled to meet next
week.
Councilman Vincenzi spoke about the concerns being expressed with
regard to Edgewater Lakes. There are a lot more studies and work
that needs to be done before anything is done. No need to get
excited right now.
Councilman Vincenzi stated the pile of bricks is disappearing but
it isn't gone yet. City Manager Hooper stated it is going to be.
They have signed an agreement that they will have it out. Legal
Assistant Matusick stated either February 5th or 18th.
Councilwoman Rhodes had nothing at this time.
Councilwoman Lichter stated st. John's came down heavy on all the
Counties running along the st. John's in terms of water
restrictions. Volusia County already had those in place. They
came down so heavy in the beginning that they even suggested the
possibility that cities like Edgewater cut another 15% of usage.
Mr. Wadsworth and the engineering part of the Water Alliance got
out letters and they rescinded on that.
Councilwoman Lichter stated she thought the County said there was
a need for a light at SR 442 and Mission Road. She believes
there is an important need for that light. She also feels in
front of the Post Office is a terrible situation.
Councilwoman Lichter spoke about Roberts Road and u.s. #1 and it
becoming a littered dump. She feels they need some signs. She
asked to look into this. She spoke of the state statute of a $50
minimum fine for littering.
Councilwoman Lichter spoke about a sidewalk on West Turgot. She
spoke of there being three different speed limits on that road.
Mayor Schmidt asked if there was a right-of-way issue on the
sidewalk. city Manager Hooper stated there is a right-of-way
issue and he and Mr. Corder can talk more of that but that is a
restriction.
city Manager Hooper stated there have been no fines or citations
issued for littering. He asked Council if they want them to
start looking hard and start enforcing and fining. Those are
city citations and City fines.
Councilman Brown asked if they can do warnings first. City
Manager Hooper stated you can but as a practicality it is really
tough. It is hard to keep track because warnings would not go
into the computer. He agreed to put it on the agenda next time.
He further commented on this being the same problem for water.
Right now if they catch people watering, they go out and issue
them a citation. There are places that get serious about it and
they tell you they are going to fine you and they include it in
the water bill. If you don't pay it the water gets turned off.
Councilwoman Rhodes feels there is no point having these
ordinances if you aren't going to enforce them.
Councilwoman Lichter feels there is a two different things with
the litter and the water. The litter could have a pilot program
and when the new Chief comes in she is going to talk to him about
it. The Anti-Litter Committee has suggested they put a little
more teeth into it and start with signs.
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council Regular Meeting
January 22, 2001
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Councilwoman Lichter stated Mr. Alcorn, Chairman, Economic
Development Board, takes people through cities to look at a
location for a business and when they see something like that
they go to the next city.
Councilwoman Lichter stated in terms of water, the County has
come down with a definite ordinance and all the cities are in
compliance as far as their ordinance goes however we have never
done much about it. We are kind of in a crucial water situation
now. She further spoke about enforcement by neighbors and it
being costly for enforcement. She spoke about a workshop coming
up regarding enforcement through st. John's.
Councilman Vincenzi stated everyone knows littering is illegal
and feels they should crack down on it right away. Councilman
Brown suggested community service and having people clean up an
area. Councilwoman Lichter stated the fine is a State Statute.
She feels the first ten that are fined should be listed in the
newspaper and that that would be the greatest deterrent.
City Manager Hooper asked if they want them to put some energy
and effort into following through with that. Those cases if they
are appealed and someone goes to court, every judge is going to
throw it out. He feels local citations are the way to do it and
with local citations you have enforcement authority. It won't be
State requirements. He feels it would make a difference.
Mayor Schmidt asked to place it on the next agenda or the one
after that.
Councilwoman Lichter spoke about Clean Scene Day on February 17th
and groups of people going around picking up trash.
Councilman Vincenzi asked to also include water when litter is
placed on the agenda.
PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS
There were none at this time.
CONSENT AGENDA
A. Concession Stand Aqreement - staff recommendinq city enter
into an Aqreement with the Edqewater Fire/Rescue Association for
the operation of the concession stand at Whistle stop Park'
B. Aqreement for Police Chief - staff recommendinq approval of
the Agreement for Police Chief with Mike Iqnasiak and authorize
the City Manaqer to execute the Aqreement
Councilwoman Rhodes commended City Manager Hooper for the
agreement with the Police Chief.
City Manager Hooper stated this is the beginning of change in the
future over hiring department directors. They will now be
contract positions so they will be at-will employees.
Councilman Brown made a motion to approve the Consent Agenda,
second by Councilwoman Rhodes. The motion CARRIED 5-0.
OTHER BUSINESS
A. Indian River Elementarv - requestinq permission to use
Whistle stop Park and the YMCA as emerqency evacuation locations
for their students
City Manager Hooper made a staff presentation.
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Council Regular Meeting
January 22, 2001
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Councilwoman Rhodes moved for approval, second by Councilwoman
Lichter.
Mayor Schmidt asked if they have talked to the YMCA. City
Manager Hooper informed him they have.
The motion CARRIED 5-0.
OFFICER REPORTS
City Clerk Wadsworth had nothing at this time.
Legal Assistant Matusick had nothing at this time.
City Manager Hooper informed Council he would be meeting with two
subdivisions he will be meeting with over the next month,
Waterway Park and Cory Estates. He spoke about petitions that
have been passed around about how they get water sewer and
potential annexations. He is going to request Mayor Schmidt
attend with him. They will be brou~ht back and they will have
discussion regarding voluntary or involuntary annexations.
City Manager Hooper commented on a street light program. Mr.
Corder met with FP&L and they have indicated the $1,000 would be
what it would cost on one side but if they went to the other side
of the lot it is free. They have notified the property owner
that it is his intent that they go to the free side. He thinks
the property owner probably has a different request in front of
Council. Mr. Corder has put a map together that describes the
property that is available, where the current street lights are
located and where there are cleared and uncleared lots.
Mr. Corder went over the map. He further informed Council of the
situation with Florida Power & Light. There would be no cost to
move the pole 80 feet to the north on the property.
Councilwoman Lichter stated the light on the right isn't even
working. She feels when that light gets lit it should be with a
brighter light. Mr. Corder commented on increasing the wattage.
Councilwoman Rhodes stated that is a one block stretch and has
three street lights on it already. Mr. Corder commented on the
layout of the street lights in Florida Shores.
Councilwoman Lichter spoke about the lights being so dull. Mr.
Corder stated street lights in residential are usually 70 watts.
He is looking at upgrading that light to 100 watts. He feels he
will get complaints that the light is too bright.
Councilwoman Lichter asked if the homes that were burglarized
were on the side where the street lights are. Councilwoman
Rhodes asked Ms. Keller. Ms. Keller stated there were problems
on the opposite side. She pointed out where the car burning
occurred. If the proposed street light were moved, as long as
the wattage was increased to more than 70 watts they would be
agreeable to that.
Mayor Schmidt asked Ms. Keller if her neighbors would object if
they could upgrade those three lights. Ms. Keller stated she has
talked to the neighbor at 3044 and he said even if the street
light could be put between his house and the house next door he
would be agreeable to it being on his property.
Mayor Schmidt asked how long it would take Florida Power & Light
to do it. Mr. Corder stated he would contact him tomorrow but he
couldn't give him a time frame on it.
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Council Regular Meeting
January 22, 2001
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Mayor Schmidt asked to push him to get that one light working.
Mr. Corder stated he talked to him Friday and talked to him again
today. When he leaves tonight he is going to see if it is on or
not. The gentleman he has been talking to has no control over
the Florida Power & Light trouble crews that work this area. He
is trying to get to the bottom of that because he has other
street lights he has had problems with.
It was consensus of Council to go with the street light on the
other side of the property and go for an upgrade on those three
to a 100 watt light.
Mr. Corder stated at the last meeting they said they would bring
them in on an individual basis if they had other similar
situations. He has one that has occurred on Needle Palm and he
has given Council a copy of that. There is no light on the block
at all. There is no pole there and they would have to have a
pole put in place and pay for additional wiring. The cost is
roughly $600.
Councilwoman Lichter asked i( there is crime there. Mr. Corder
stated no, an elderly couple lives there. Councilwoman Lichter
asked if there are school children there in the morning. Mr.
Corder stated no. Councilman Vincenzi stated this is a lady that
contacted him. There is an elderly couple there and her husband
has been in and out of the hospital quite a bit and she comes
home late at night by herself and she requested something be
done. Mr. Corder stated they would have to trim a few trees to
put the light in on the south side.
Mayor Schmidt asked how many a year they look to put in. Mr.
Corder stated approximately ten, they are put in on an as needed
basis.
Councilwoman Rhodes asked if they could have a plan for this.
City Manager Hooper stated the way it has been put in, there is
no uniformity.
Mayor Schmidt asked to expand the map a couple blocks for the
next meeting and show Council what this four or six block area
has for lights. Mr. Corder"asked Council for a little time. His
staff is doing a physical inventory out there of street lighting
compared to Florida Power & Light's inventory list.
Councilwoman Rhodes stated it's not that she doesn't want this
lady to have her street light but if this lady is entitled to a
street light there are probably 100 other people that are
entitled to a street light. Councilwoman Lichter spoke of
corners where children are picked up in the morning that are very
dark. Mr. Corder stated they have requested from the School
Board a list of where the pickups are.
1) Cancel February 19. 2001 (observation of Washington's
Birthday)
City Manager Hooper stated there is a meeting canceled in
February because of President's Day. If Council is interested he
would like to hold a work session on February 12th to discuss
street lights and the proposed changes to the Land Development
Code.
Councilwoman Rhodes would like to decide on this street light so
the lady doesn't have to wait. councilman Vincenzi stated there
is no street light there at all. City Manager Hooper agreed to
look at it one more time and if it is needed they will get it
done.
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Council Regular Meeting
January 22, 2001
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It was the consensus of Council to hold a work session on
February 12 th .
CITIZEN COMMENTS/CORRESPONDENCE
There were no citizen comments at this time.
ADJOURNMENT
There being no further business to discuss, Councilwoman Rhodes
moved to adjourn. The meeting adjourned at 8:26 p.m.
Due to a citizen wanting to speak after the meeting adjourned,
the Council allowed him to comment.
Albert Bayus, 318 pine Breeze Drive, spoke about fluoride. He
thanked Mayor Schmidt and the Council for letting him speak. He
feels it if doesn't cost anything, people don't care. He
commented on fluoride being in everything you eat. He spoke
about absorbing fluoride through your skin. He stated most
countries are trying to remove fluoride. He referred to a book
called Preventative for Alternative Medicine.
Councilwoman Rhodes feels there is some misconception about the
fluoride issue. Nobody sitting here wants to put fluoride in the
water but they want to know what the citizens want.
Councilwoman Lichter feels a Letter to the Editor would have more
effect on this vote than talking to the Council.
Mr. Bayus stated he wants what is best for the community. He
commented on it boiling down to what kind of fluoride is being
put in the water. He feels this is becoming a controversy
everywhere. He feels this is something that should be thought
about very carefully.
City Manager Hooper stated the Health Department has asked for
labels so they can send out their literature and information. 'He
received a call this afternoon from the American Dental
Association asking for the same thing.
The meeting adjourned at 8:38 p.m.
Minutes submitted by:
Lisa Bloomer
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Council Regular Meeting
January 22, 2001