09-27-2004 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
SEPTEMBER 27, 2004
7:12 P.M.
COMMUNITY CENTER
MINUTES
1. CALL TO ORDER
Mayor Schmidt called the Regular Meeting to order at 7:12 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
Paralegal 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.
2. APPROVAL OF MINUTES
A. Regular Meeting of August 30, 2004
Councilwoman Lichter moved to approve the Auaust 30, 2004
minutes, second by Councilman Brown.
The MOTION CARRIED 5-0.
B. Special Meeting of September 13, 2004
Councilman Brown moved to approve the September 13, 2004 minutes,
second by Councilwoman Rhodes.
The MOTION CARRIED 5-0.
C. Regular Meeting of September 13, 2004
Councilwoman Lichter moved to approve the September 13, 2004
minutes, second by Councilwoman Rhodes.
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The MOTION CARRIED 5-0.
3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS
There were no presentations at this time.
4. CITIZEN COMMENTS
The following citizen spoke:
Pat Card, 3019 Willow Oak Drive, complimented City staff for the
pickup of debris. He was also pleased not to see a boil water
requirement.
5. CITY COUNCIL REPORTS
Councilman Vincenzi commended Police Chief Ignasiak for moving
barricades and sandbags.
Councilwoman Rhodes thanked all of the City employees for a job
well done with the hurricane cleanup.
Councilwoman Lichter spoke of there being a mixup in the
community if regular trash and house materials would be picked
up. She feels the residents need to know what the schedule will
be for the rest of the week.
Councilwoman Lichter spoke about Florida Power & Light and their
rights-of-way and fences needing to be placed five feet off of
the back of the property to leave a ten foot utility easement for
their trucks to access the back of the property. She spoke of
the problem in Florida Shores with the trucks being able to get
to the back of some of the properties. She questioned if the
City is communication with them and what the story is.
City Manager Hooper explained they took them through Florida
Shores and through the city and described current maintenance,
future maintenance and made a lot of recommendations on how to
correct that. He spoke of some people placing fences on the
property line and some only going to the easement.
Councilwoman Rhodes questioned if Florida Power & Light be held
responsible if they are not left an easement. City Manager
Hooper explained Florida Power & Light is entitled to come in,
knock down the fence, do the corrective action and leave.
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city Manager Hooper further explained if your fence is on their
easement, they are not obligated to repair it. If it is on your
private property and outside their easement and they knock it
down, they are obligated to repair it. Florida Power & Light 1S
not out doing preventative maintenance and only respond to a
location if a call are made.
Councilwoman Lichter spoke of the time it took to restore power
because of issues where it took them longer to access the power
lines.
City Manager Hooper spoke of having a fairly old system and the
maintenance that was done between Hurricane Charley and Hurricane
Frances. Councilwoman Lichter wants to be sure the City
continues to communicate with Florida Power & Light and to assure
it is clear where the responsibility lies.
City Manager Hooper explained it is clear you can put the fence
to the property line. If someone takes it down to get to the
easement, the homeowner will be responsible for putting it back
up.
Mayor Schmidt thanked all the Departments. He feels we got lucky
with Hurricane Jeanne.
Councilman Brown also thanked all of the employees in the City
and the residents that helped each other out.
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. 2nd Reading, Ord. No. 2004-0-27, Judson I. Woods, Jr.,
P.A., agent for Larry and Nancy Carson, requesting an
Official Zoning Map amendment from R-1 (Single Family
Residential) to R-2 (Single Family Residential) for
.55+ acres of property located at 2751 Alamanda Drive
Paralegal Matusick read Ord. 2004-0-27 into the record.
City Manager Hooper made a staff presentation.
Mayor Schmidt opened the public hearing.
The following citizens spoke:
James Roaerson, 1618 Victory Palm Drive, representing Michael &
Jodi Mitchell, wanted to make sure the easement is going to go
through before the ordinance is passed.
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City Manager Hooper explained the description of the easement is
contained within the staff report identifying the granting of the
rezoning is contingent upon that easement being created.
Judson Woods, representing Larry & Nancy Carson, assured Mr.
Rogerson they will have that easement. It will be deeded.
M2ke Visconti, 316 Pine Breeze Drive, asked if this is Alamanda
off of 28th street. City Manager Hooper informed him it was.
Mr. Visconti spoke of opening up 28th street to U.S. #1. He
feels if more homes go in, they will be going through Meadow Lake
again.
Councilwoman Lichter explained it is a lot being divided into
two. City Manager Hooper stated there is potential that there
could be the addition of two houses impact through there if it is
used as a cut through.
Councilwoman Lichter stated that isn't generally the way people
go in there.
Mr. Visconti asked again about opening up 28th Street at Bianca
Road. City Manager Hooper stated there is a way and it is just
money to purchase that property. The City has looked at it and
approached the property owner and so far they haven't reached an
agreement but they continue to work on it.
Mayor Schmidt closed the public hearing.
Councilwoman Lichter moved to approve Ord. 2004-0-27, Judson I.
Woods, Jr., P.A., aaent for Larry and Nancy Carson, reauestina an
Official Zonina Map amendment from R-1 (Sinale Family
Residential) to R-2 (Sinale Family Residential) for .55+ acres of
property located at 2751 Alamanda Drive, second by Councilwoman
Rhodes.
The MOTION CARRIED 5-0.
B. 1st Reading, Ord. No. 2004-0-22, Glenn Storch, agent
for Massey Enterprises requesting annexation of
173.471+ acres of property located east of Old Mission
Road, north of the abandoned FEC railroad and south of
Mission Oaks Condo (continued from June 21, 2004, Item
6F)
Paralegal Matusick read Ord. 2004-0-22 into the record.
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City Manager Hooper made a staff presentation.
Councilwoman Lichter expressed concern about wetlands.
Glenn Storch, Storch & Morris, explained what Council will see
when they bring the Zoning and Comp Plan to them is how they have
designed around the wetlands areas. They have taken those into
consideration.
City Manager Hooper informed Council there is an active
negotiation and a development order and a master plan that is
being fine tuned and before the second hearing, they will see all
of that.
Mayor Schmidt opened the public hearing.
The following citizen spoke:
Pat Card, 3019 Willow Oak Drive, asked if this property is
contiguous to existing Edgewater property. City Manager Hooper
informed him yes.
Mayor Schmidt closed the public hearing.
Councilman Vincenzi moved to approve Ord. 2004-0-22, Glenn
Storch, aqent for Massey Enterprises recruestinq annexation of
173.471+ acres of property located east of Old ~ssion Road,
north of the abandoned FEC railroad and south of ~ssion Oaks
Condo, second by Councilwoman Rhodes.
The MOTION CARRIED 5-0.
C. Res. No. 2004-R-12, modifying the Personnel Policy and
Procedures Manual by amending Section VII,
Classification and Compensation, Subsection 7.03 and
Section X, Education/Training, adding Educational
Incentives
City Manager Hooper made a staff presentation.
Councilwoman Lichter was confused with the $25 per month in a
category where they must take two courses versus the maximum the
City would compensate being $100. City Manager Hooper and Fire
Chief Barlow elaborated on her confusion.
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Paralegal Matusick read Res. 2004-R-12 into the record.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Lichter moved to approve Res. 2004-R-12, modifyina
the Personnel Policy and Procedures Manual by amendina Section
VII, Classification and Compensation, Subsection 7.03 and Section
X, Education/Trainina, addina Educational Incentives, second by
Councilman Brown.
The MOTION CARRIED 5-0.
city Manager Hooper complimented the Fire Department.
7 . BOARD APPOINTMENTS
A. Economic Development Board - nomination by Councilman
Vincenzi to fill vacant seat due to an expired term
Councilman Vincenzi made a motion to appoint Robert Lott to the
Economic Development Board, second by Councilwoman Rhodes.
The MOTION CARRIED 3-2. Councilman Brown and Councilwoman
Lichter voted NO.
Councilwoman Rhodes feels it is convoluted the way they do this.
If it is Councilman Vincenzi's turn to nominate somebody, how can
they tell him he can't.
City Manager Hooper explained he nominates, it is Council's
appointment. They have been in this dilemma before and changed
the rules several times. He explained it used to be a
Councilperson made an appointment and that was all it was. Then
it was bring it back and they would vote on it. He agreed this
is convoluted and not comfortable.
Councilwoman Rhodes stated she didn't understand it to be
Council's appointment. She understood it to be whoever's
appointment it was that is why she would not go against somebody
he wanted to appoint. However, if it is a whole Council thing
she certainly would have an opinion other than the way she just
voted.
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city Manager Hooper again explained it is the Council's
appointment but they rotate each of the Council on a board have a
separate set of appointments. It takes confirmation. As a group
they are confirming that is their appointment. He suggested they
revert to the old system that says it is a certain Council
person's turn and they appoint who they want and they rotate
that.
Councilwoman Lichter stated but they are here tonight and just
voted on something that Councilwoman Rhodes didn't fully
understand. She proposed they re-vote on it.
Councilwoman Rhodes stated the rest of them in their packets
don't get all of the information the person making the
appointment gets. Assistant City Manager Liz McBride confirmed
all of the applications are only given to the Councilperson
making the appointment.
City Manager Hooper further commented on ways this has been done
in the past.
Councilwoman Rhodes stated now they are in the position that it
is a Councilperson's nomination and Council's appointment then
she doesn't want to vote until she has all the information in her
packet.
Councilwoman Lichter suggested they rescind the vote.
City Manager Hooper stated if they do that, they should revisit
the entire process.
Councilman Vincenzi stated if they want to rescind this vote,
they should go back for the past five years and rescind every
vote they have ever looked at.
Councilwoman Rhodes agreed they voted on it and that vote should
stand. In voting on it, she was under misapprehension and they
have got another one coming up right after this one that she
doesn't want to vote on. She wants it to either be Councilman
Vincenzi's appointment or not.
City Manager Hooper further commented on the way the current
system operates.
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Councilwoman Lichter feels the fact that it was stated here
tonight that it wasn't clear supersedes the other times they
voted. This question has never come up before tonight. When a
question is brought up about an appointment where a most valuable
person has been on there, it needs to be in the packet and what
has been accomplished with this particular board uniquely within
the last year working in sync it's almost criminal to change. To
change for what reasons and not discuss it and understand it is
criminal and she thinks the motion should be rescinded and this
does not reflect the last six years she has been on there.
Councilman Vincenzi stated he remembers sitting here a few years
ago when they discussed how they were going to do this and it was
Councilwoman Lichter that said she wanted to be able to nominate
somebody and he said you should not be able to replace someone
unless you have a good reason and Councilwoman Lichter stated no
you do not have to have a reason to do it. Councilwoman Lichter
stated she didn't remember that. She feels the point is is the
recommendation the same as paramount of having it happen or why
are they voting. The reason they are voting means they don't
have to accept the recommendation. That is the particular issue
right now.
Councilwoman Lichter stated Councilwoman Rhodes voted without
understanding that. Councilwoman Rhodes stated that doesn't mean
she wouldn't have voted that way anyway.
City Manager Hooper spoke of other boards nominating individuals.
If Council would like to change the format, they should change it
from here on. If you change the rules midstream you have a
different problem.
Councilwoman Rhodes stated she is not saying she thinks that vote
shouldn't stand. She isn't sure she wouldn't have voted that way
anyway. She doesn't have the information on all the other
applicants. So in essence she made an uninformed vote because
what she goes on for these types of things is that whoever makes
the appointment it is their appointment to make and it is just a
matter of form that they approve that. City Manager Hooper
stated and that is why that individual has been given in the past
all the names.
Councilman Vincenzi stated he doesn't have a problem in the
future with everybody getting everybody's application or calling
the applicants. Whoever's turn it is to nominate makes the
nomination and if you like it great.
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Councilwoman Rhodes stated if somebody else wants to nominate,
they can nominate themselves. City Manager Hooper explained that
causes chaos. He spoke of this process working fine until
tonight. If you go to the other system, it is not a rotation.
Anyone can make a nomination. This will make it uncomfortable.
City Manager Hooper explained Council is looking at changing the
current process. If Council wants to change it, then they should
get away from anyone having a nomination and Council leaves it
open and there needs to be a Council appointment of a specific
board on a specific date. The person that makes the motion gets
it on the floor first. He feels this will turn into chaos.
Councilman Brown has spoken to Board members who are not
comfortable with making recommendations for a certain individual.
He feels this puts the Board on the spot. He doesn't feel it is
fair for the Boards to have to make a recommendation.
Councilman Vincenzi feels this is part of life. Whether Mr.
Balmer was recommended by his Board or not maybe has a little
influence on whether he picked him or not to be replaced. He
looked at all the applicants and he called a number of them and
some weren't interested and some were. Looking at the applicants
and their background he decided who he thought would be best for
the job. It is not that Chris didn't do a good job, he did a
great job.
Councilwoman Rhodes stated she respects that. The point is she
didn't get that information. She voted based on Councilman
Vincenzi's research of the facts.
Councilman Vincenzi stated he called everyone he thought was
worthwhile in his packet, except for Chris. He didn't call
Chris. He feels some of the people on the Council have a problem
with confrontation. If you have to make a decision that is
controversial that doesn't go with the flow, that is the way it
is and if you don't like it you shouldn't be up here.
Chris Balmer, 148 William Street, stated Robert Lott is an
excellent candidate for the Economic Development Board. He sat
with him on the Citizens for Decade of Excellence. He has
committed hundreds of hours to the Economic Development Board and
feels he has done a great job to date. Robert Lott is a great
pick and he will serve this City well.
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Mr. Balmer expressed his disappointment that Councilman Vincenzi
never contacted him. He doesn't have a resume nor has he asked
for a list of accomplishments of what he has accomplished on the
Board and/or the entire Board for the last five years. He thinks
it is a shame that he did not get a two minute phone call to
himself to ask for what his resume looks like or what he can do
for this City. He feels the fact that the Council didn't have
all of that information in front of them is also very
disappointing.
Councilman Vincenzi apologized to Mr. Balmer for not calling him
but he is aware of his accomplishments and what he has done on
the Board.
Mayor Schmidt feels the process they have been doing has worked.
He would like to see the information on the other applicants
included in his packet. He feels the rotating/nominating method
is what they need to do.
Mayor Schmidt suggested they bring this up as a discussion item
at their second meeting in October.
City Manager Hooper suggested they start providing coples to
everybody. Councilwoman Rhodes feels it is easier if it is an
appointment and whoever makes it makes it instead of opening this
up. City Manager Hooper stated the rest of the Council has to
confirm it.
City Manager Hooper asked the Council to provide him direction if
they just wanted to be provided with copies or if they want to
review the whole appointment process.
Councilwoman Lichter would like to review the process. Mayor
Schmidt stated he was happy with the process and just wanted the
information. Councilman Vincenzi feels there will be problems in
the future. He feels if everyone is going to get the information
he thinks there will be problems because if you don't allow
someone to nominate and then get that nomination, it brings up
the question does anyone else have a right to nominate that night
and if not there is a vacancy on the Board. The next time the
nomination rolls around would it still be his nomination or would
it go to someone else. City Manager Hooper explained you rotate
turns and that person gets to appoint until it's over.
Councilman Vincenzi questioned if it is his appointment tonight
and people shoot it down, will it be his appointment next time.
City Manager Hooper informed him it would.
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Councilman Vincenzi stated if he feels strongly about someone he
is going to nominate the same person every time. He feels they
either need to nominate and let that nomination go or they have
to open it up for discussion and they have to agree on somebody
somehow.
Councilwoman Rhodes feels that seems the simplest and easiest way
and until tonight it was.
There was a brief discussion regarding how the rotating process
started.
Councilwoman Lichter stated she wanted to see the chart of who is
coming up with what appointment and if it is totally Councilman
Vincenzi's then it is totally Councilman Vincenzi's but if she
has a vote she has a right to say no. She knows both individuals
very well but she doesn't know who else was given.
Councilwoman Rhodes stated she knows Mr. Balmer but she doesn't
know Mr. Lott so she trusted Councilman Vincenzi, who did the
research. Mr. Balmer stated obviously he didn't, he didn't call
him. How could you trust that? Councilwoman Rhodes stated if it
was her decision, she wouldn't have contacted Mr. Balmer because
she is aware of him and knows his record.
Councilwoman Lichter feels this subject needs to be looked at
again. Councilwoman Rhodes agreed. She feels if you have an
appointment, you back up whoever made the appointment.
Councilwoman Lichter feels that is ridiculous. Councilwoman
Rhodes stated you get in spitting contests because you didn't
back up my appointment so I am not going to back up yours. City
Manager Hooper stated kind of like we are now. Councilwoman
Lichter stated if he has an appointment, then he should have an
appointment period and don't ask me to vote on it. Councilwoman
Rhodes agreed.
Councilwoman Lichter wants to see the chart and how it is
rotated. Mayor Schmidt feels when it comes to the chart, the
chart has nothing to do with anything.
City Manager Hooper stated you can't act as a Council
independent. There is no one of them that can appoint anybody or
do any function or any vote by themselves. It takes the majority
to make a decision.
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Councilwoman Rhodes asked to have all the information included in
her packet. City Manager Hooper agreed to make sure they all get
the information.
B. Planning and Zoning Board - nomination by Councilman
Vincenzi to fill vacant seat due to an expired term
Councilman Vincenzi moved to appoint Harold P. Card to the
Plannina and Zonina Board, second by Councilwoman Rhodes.
The MOTION CARRIED 5-0.
8 . CONSENT AGENDA
There were no items to be discussed on the Consent Agenda.
9. OTHER BUSINESS
A. Salary Ranges - staff recommending approval of
revisions to the City's Position Classification Salary
Ranges
City Manager Hooper made a staff presentation and answered
questions presented by Councilwoman Rhodes.
Councilwoman Rhodes moved to approve the revisions to the City's
Position Classification Salary Ranaes, second by Councilman
Vincenzi.
The MOTION CARRIED 5-0.
There was a ten-minute recess at this time. The meeting recessed
at 8:10 p.m. and reconvened at 8:20 p.m.
B. storm Related Issues - confirm emergency expenses
authorized by City Manager and review City expenses and
reimbursements
City Manager Hooper explained items under purchase orders of
$15,000 or better the way the purchasing policy reads is in an
emergency situation the City Manager is authorized to make those
and he brings them back to Council to confirm that those have
been made and that is what we bought. Most of that is an audit
trail. He would also like Council to confirm FEMA positions,
which are being paid for by the feds.
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Mayor Schmidt questioned some of the generators being fully
reimbursed. City Manager Hooper stated we have a talented
Finance Director that is picking the right 72 hours, so yes.
Councilwoman Lichter asked if the out of town crews are here.
She hasn't seen anyone in the Landings. City Manager Hooper
confirmed they are here.
Councilwoman Rhodes moved to confirm authority to purchase items
$15,000 and more that are listed in Paqe 1 and the FEMA employees
as described durinq the presentation, second by Councilwoman
Lichter.
Dominic Capria, 606 Topside Circle, asked for permission to
speak. He stated reading the report on FEMA, he sees on the
bottom they talked about going back to the rolled back rate if
FEMA paid for everything and we didn't have to pay for anything,
and he sees on the bottom pending federal approval. He feels
pending federal approval is going to be approved, which they are
saying FEMA will reimburse 90% and the State will reimburse 10%
so now they are back to 100%. Does that mean that this Council
will consider in later months to go back to the rolled back rate.
City Manager Hooper stated no, it means Council has until the end
of the month to decide what the millage will be. Once that is
decided, it is in the next year. This Council, if that number
comes back in, will have the opportunity next year to review that
and decide how much they are going to go back.
Mr. Capria stated during Frances and Charley they had big
equipment in Edgewater Landing.
The MOTION CARRIED 5-0.
10. OFFICER REPORTS
A. City Clerk Wadsworth had nothing at this time.
B. Paralegal Matusick had nothing at this time.
C. City Manager
City Manager Hooper presented an update on the two union contract
negotiations. We have a Police union contract negotiation that
has stalled and we have Public Employee Association contract
negotiations that are slow. He will meet with the PEA tomorrow
trying to reach a solution.
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City Manager Hooper stated the Council has been provided with a
copy of the proposed contract and a summary of article by article
of what the recommended changes are. The Police contract has
reached a point when the Police employees have asked for a vote
to decide whether they stay with the FOP or go with the
Teamsters. That has put on hold any union negotiations until
that vote is done. That vote is October 7th. After the 7th they
will resume negotiations that could take into easily the
following year, 2005. Pay raises would be held for the Police
and anyone in the PEA that has not reached an agreement that can
be in front of Council before October 1st. The pay raises will
occur at the time once the union contracts are completed. The
bargaining members get to vote on it and it comes back to Council
for ratification.
City Manager Hooper spoke of for the past six years negotiating
union contracts in three year increments. There are about 200
employees. About 150 are represented by bargaining units. If
those bargaining units aren't in place and contracts done, the
City will continue with the benefits identified but there is no
pay increase.
City Manager Hooper made it clear he doesn't want to talk about
retro pay. They have had plenty of opportunity. Most of this 1S
something that all have decided to negotiate. If someone is
looking for retro pay, his position with Council will be very
strong that they don't give that and they encourage them to
finish negotiations.
11. CITIZEN COMMENTS/CORRESPONDENCE
There were no Citizen Comments/Correspondence at this time.
A. Tentative Agenda Items
city Manager Hooper briefly commented on the large number of
agenda items that they will be discussing in the very near
future.
12 . ADJOURNMENT
There being no further business to discuss, Councilwoman Rhodes
moved to adjourn. The meeting adjourned at 8:39 p.m.
Minutes submitted by:
Lisa Bloomer
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