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02-13-2006 - Regular CITY COUNCIL OF EDGEWATER REGULAR MEETING FEBRUARY 13, 2006 7:00 P.M. COMMUNITY CENTER MINUTES 1. CALL TO ORDER Mayor Thomas called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Michael Thomas Present Councilwoman Debra Rogers Present Councilman Dennis Vincenzi Present Councilwoman Harriet Rhodes Present Councilwoman Judith Lichter Present City Manager Kenneth Hooper Present City Clerk Susan Wadsworth Present Paralegal Robin Matusick 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 November 7, 2005 Councilwoman Rhodes pointed out a correction on Page 7. It should read, “Councilwoman Rhodes asked Ms. Card if her “contractor” has put a value on how much it will cost to repair her house”. Councilwoman Rhodes moved to approve the November 7, 2005 minutes as corrected, second by Councilwoman Lichter . The MOTION CARRIED 5-0 . 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DON ATIONS Page 1 of 24 Council Regular Meeting February 13, 2006 A. Chief Ignasiak presenting Barbara Holstein a plaque for her activities as Edgewater’s volunteer Victim Advocate Police Chief Ignasiak presented Barbara Holstein with a plaque for serving as the City’s volunteer Victim Advocate. He also spoke of being approved for a VOCA grant, that was lobbied by Ms. Holstein, for a full-time position. Ms. Holstein decided she didn’t want the position. He commented on the time she has committed to doing this and the help she has given to the citizens in Edgewater. He also reported she will be starting the same program in Oak Hill. He further expressed the appreciation of the Police Department. Ms. Holstein encouraged the Council to not let this program go because it is really needed and she worked very hard to get it for Edgewater. 4. CITY COUNCIL REPORTS Councilwoman Lichter commented on a phone call she received from a gentleman on Roberts Road that was concerned about the road becoming a four-lane road because he has seen work being done. That rumor has been spreading around there for quite awhile. She commented on contacting Darren Lear and found out we haven’t even had a preliminary survey of that thought. There was a preliminary subject brought up of how much it might cost to have the survey. It started because the parents from the school were complaining how long it takes to drop off and pick up their children. She commented on the new development going in between the school and San Remo and the developer was doing some survey work. She commented on the possibility that there is a problem of traffic but it doesn’t necessarily mean there needs to be a four or three lane highway. Councilwoman Lichter stated she got a call about the property south of Majestic Oaks that is for sale being in the County and there being an archaeology Indian Shell that has archaeological meaning being on this property. It was reported two young people were digging. She contacted the County and they felt it sounded like an unorthodoxed dig and they were going to look into it. She feels when they do any development along the river or near the river they have to be aware that there are archaeology finds. Page 2 of 24 Council Regular Meeting February 13, 2006 Councilwoman Lichter mentioned it being one of her goals to try to get what’s in the City at least in the City. She commented on several parcels still being in the County. Councilwoman Rogers stated she has received a few e-mails and several phone calls from residents of Edgewater thanking them for turning down the River Oaks Condominiums. Concerned citizens are very pleased that they turned it down. Councilman Vincenzi had nothing at this time. Councilwoman Rhodes had nothing at this time. Mayor Thomas reported he has been to a bunch of meetings. He spoke of meeting with each City employee and being about fifty percent complete. He commented on the employees he has met with so far. He is finding he is learning a bunch so he can make a cognizant decision if something comes up. Councilwoman Lichter felt Councilwoman Rogers comments were interesting. She spoke of the report they had from the question that was on the Internet and they didn’t bring to light that there were only three hundred people that voted on that but it came out pretty positive that they liked the project. Mayor Thomas stated he has received a bunch of e-mails and a bunch of phone calls from people thanking them for the way they voted on the River Oaks project. 5. CITIZEN COMMENTS The following citizens spoke: Dominic Capria , 606 Topside Circle, requested the Public Hearing on Item 9A be moved up and discussed after Citizen Comments. Mayor Thomas stated he spoke to City Attorney Rosenthal and he advised him they needed to go in order of sequence and he was going to follow his advice. Ferd Heeb , 115 N. Riverside Drive, read an article that appeared in the News Journal entitled “Placating the Locals”. He commented on the Snowden Property and the developer that is going to invest a billion and a half Page 3 of 24 Council Regular Meeting February 13, 2006 dollars with the hopes of making three hundred million in profits. If it were up to him, he wouldn’t only get the dirt but he would get them to build a City Hall complex and a Regional Library. If the Council wants these kinds of voluntary amenities, he feels the Council needs to restore the City Manager’s ability to negotiate. Dave Ross , 2803 Needle Palm Drive, commented on growth issues. He feels the City needs to address the issues that are going to determine the quality of their life in the next few years. If they were to minimize the impact of growth and maximize the quality of their life they must concentrate on quality not quantity. He agreed with the statement that there is a market for fifty-foot lots. He also agreed with many of the claims put forth that were components of Smart Growth. He feels they also need to look at what is not being said. He spoke of Smart Growth components speaking of very high-density development with lots of open space. He spoke of the high density being on buildable ground and the open spaces being on non-buildable pieces of ground. He questioned if the logic behind this thinking is motivated by concern of our welfare or is it maximizing profit of an investment. He is most concerned with them speaking in the most politically correct format of protecting our environment so that to challenge their concept becomes politically incorrect. He asked if the human condition has been properly factored into their equations. He didn’t come to slam Smart Growth. It has been his intent to address the issues that growth, smart or not, impose upon this community. It seems to him the bottom line is density allowed on buildable ground. The real key to minimizing the impact of growth and maximizing the continued quality of life in Edgewater is reducing density per acre. He commented on our lowest density under current residential zoning, other than Rural Transitional, allowing five units per acre. He suggested they create classifications with very limited density and apply them to appropriate newly annexed land. Our County leaders are telling the City that they must also agree to the City’s use of newly annexed land. Should such an agreement not also stipulate the County must have our agreement on any use of land adjacent to Edgewater. The key to preserving our quality of life lies in minimizing the rate of growth which demands zoning densities be reduced perhaps drastically and he doesn’t believe the City needs to apologize to the folks buying large tracts of land nor the Page 4 of 24 Council Regular Meeting February 13, 2006 big developers or the folks in County government wishing for a consolidated government. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearing, Jim Girvan, No Name Saloon, 2001 S. Ridgewood Avenue, requesting a Special Activity Permit with outdoor music for Bike Week 2006 events to be held March 3-12, 2006 City Manager Hooper made a staff presentation. Councilwoman Lichter asked if arrangements have been made for parking now that the Dollar General is there. City Manager Hooper stated they are going to park on the west side of U.S. #1 and there’s a letter giving them permission from the owner of the property and they have places they have purchased and expanded on their own facility and they have met with staff for the parking. Jim Girvan, 2001 S. Ridgewood Avenue, stated they’ve got a lot more parking available now. They also have permission from the owners of the Dollar General to use their whole lot as well as the property adjacent to the No name across the street and they also have permission to use the car lot next to Dollar General. He stated the issues they had were noise complaints. They have put soundproof boards on the stage. They are only going to have one band outside where it will affect the noise. The other band they moved under a tent outside the bar. The last Octoberfest they were cited once for noise. They stayed with the noise people the whole time. He feels you can talk loud and go over 65 decibels so it’s very difficult to curb the noise. He further commented on people thinking they make millions at the No Name when in reality they lost close to $30,000 during Octoberfest. He stated they are working with everybody they can. He feels they shouldn’t have a problem with noise this year at all. Mayor Thomas asked what have been the problems with Bike Week in the past and what was done to rectify those. City Manager Hooper explained noise has been the number one complaint. Each year it has progressively gotten more under control. He commented on the noise when a new band comes out on the stage. He spoke of a Code Enforcement Officer that makes a tour on an hourly basis. There has Page 5 of 24 Council Regular Meeting February 13, 2006 been a little bit on parking as it encroached on U.S. #1 but noise is the primary focus. Mr. Girvan suggested Council address the concrete median now going down Boston Road. He feels this is going to be a problem in the future and a liability because he feels someone is going to get killed there. He felt a yellow line going down the middle of the road would have been sufficient. City Manager Hooper commented on the safety improvements that have been done. Mr. Girvan stated he was just bringing it to their attention because it is a liability issue. Councilman Vincenzi asked about the special event they typically have on Thursdays during Bike Week. Mr. Girvan explained they don’t have a big time band coming on Thursday because they cannot afford another citation. Councilman Vincenzi commented on the huge crowds. Mr. Girvan stated they are going to get the big crowds anyway. Friday will be the biggest day with the pudding wrestling. They have cut back because they don’t want any citations this year. Councilman Vincenzi stated the only other issue he had was parking but they seem to have done quite a bit with the parking. He saw a letter today that they will be enforcing parking in the right-of-way. Last year he noticed a lot of people parking along U.S. #1 and he went up to one of the motorcycle officers and told him about he and he just shrugged his shoulders and said they do it all the time. He asked what would happen this year. City Manager Hooper explained this year their permit has a condition that cones are going to be placed instead of flags that were used last year. He commented on an accident that occurred in front of Rich’s last year. He further explained enforcement is going to start with warnings. Nobody is trying to come down hard but they will be warned not to park in the DOT right-of-way or the U.S. 1 right-of-way. Councilman Vincenzi commented on the staff at No Name last year doing everything they could to control the noise and the parking. He spoke of there being so many people and the people not listening. He again questioned how strong the enforcement would be for vehicles that don’t leave. City Manager Hooper stated Chief Ignasiak would be authorizing his people to start writing citations. Page 6 of 24 Council Regular Meeting February 13, 2006 Councilman Vincenzi asked about getting them out of there. Councilwoman Rhodes asked about towing people. City Manager Hooper explained you can tow them and if it continues after a day or two that’s the next event. Mr. Girvan didn’t feel it would come to that point because they have hired extra security and parking is going to be their main goal. They will be parking the people in different parking lots. Mr. Girvan stated the biggest thing with them right now is the median because they can’t get trucks in there anymore and emergency vehicles can’t get in there without running over the median. He again mentioned this is going to be an issue. Councilwoman Lichter commented on the differences at the No Name since the beginning with regard to noise. With the volume of letters that went out notifying people, she thought the room would be packed if people were really against it. She feels they are doing their very best. She also commented on instances where she responded to the No Name because of phone calls she was receiving. She feels they are coming along with trying to control it. Mayor Thomas asked Mr. Girvan if he could get some of his staff to direct them not to park on the right-of-way or right next to the right-of-way. He has asked Chief Ignasiak if he can ride with the police officers and he will be there at the prime times and he will know the problems that happen this year for the future years. There was further discussion regarding the No Name Staff directing traffic to the designated parking areas and keeping them off of the right-of-way. If Mayor Thomas starts to see it getting out of control he is going to ask for more patrol officers. Mayor Thomas opened the public hearing. The following citizen spoke: Ray Anderson , 1906 S. Riverside Drive, stated he agreed with some the e-mails and telephone calls the Council has been getting about the tough decisions they have made. He can imagine it must have been tough but he feels the Council did the right thing. Page 7 of 24 Council Regular Meeting February 13, 2006 Mr. Anderson asked if the P.A. system has been rescinded after 9:00 p.m. City Manager Hooper informed him it was being proposed tonight as part of the permit. Mr. Anderson read a prepared statement into the record. He asked Council to rescind that special permit of the PA system and include it in the normal working hours. He further commented on setting noise limits and this being a problem over the years but it has been getting better. He thanked the Code Enforcement people for their hard work. He spoke of sometimes the noise getting a little out of hand. Mayor Thomas asked Mr. Anderson if he was planning on vacating his home during that week again. Mr. Anderson stated he usually leaves town and he is a lot closer to it now. Mr. Anderson went over the handout he presented to Council, which was the official report from the Code Enforcement people, which was a readout and the actual report of each of the noise monitorings through the entire week. He commented on the average lows and the average highs. He th further commented on the 20 and there being a pretty large decibel spread. He further commented on the occurrences of that day. He feels the Code Enforcement people have shown fairness and respect in trying to control the volume problem. It appears their attitude is to pay the fine for the excess noise and do what they please without any consideration of the law. Repeat offenders seem to have been treated lightly. They’ve had citations on the last three events that he knows of. He hopes this can change. He feels the City should enforce the rules that are on the books and put law enforcement back in the hands of the law enforcement agency. Mr. Girvan commented on Code Enforcement doing their job. He questioned how many noise complaints have been called in. He didn’t think there was one during Octoberfest. When they are getting cited it is because the City people are there on the meter the whole time. He again mentioned it being hard to keep on that decibel. The only reason they are getting cited is because the City is there with the decibel meter. He feels they are doing a good job and they are just trying to get along. Page 8 of 24 Council Regular Meeting February 13, 2006 Ferd Heeb , 115 N. Riverside Drive, stated as he understood Mr. Girvan the bulk of the parking is going to be on the west side of a four-lane, forty mile an hour highway and asked how the people are going to be shepherded back and forth. He commented on slowing the traffic so they have a pathway and this being an accommodation. Mr. Heeb stated when he’s driving his car it is his responsibility to obey the laws. If I break the law and I get caught I get punished. For years they have heard about Code Enforcement being out there. He feels it is Mr. Girvan’s responsibility to make sure that his operation is in compliance at all times. If it’s not, the simple solution is to shut them down for the night for no outside entertainment. He guaranteed if they did that a couple of times they would be in compliance forever. Mr. Anderson stated one of the reasons you don’t get any feedback with phone calls is that you now have to use the Port Orange dispatch and it’s a 911 call. He stated he doesn’t care who you are you are going to live with the noise rather than call 911. He has spoken to people who don’t want to be intimated and don’t want to be involved with the police on a 911 call. Mr. Anderson stated the people that would call in don’t because nothing has been done for three years. Pat Card , 3019 Willow Oak Drive, stated people give up after a while. They’ve been doing this year after year. The reason people don’t call in is because nothing has happened. He feels they have a problem here and suggested the City buy their place and put City Hall there. Mayor Thomas closed the public hearing and entertained a motion. Councilwoman Lichter made a motion to approve the Special Activity Permit with outdoor music for Bike Week 2006 events to be held March 3-12, 2006 for the No Name Saloon, second by Councilwoman Rhodes . The MOTION CARRIED 5-0 . There was a ten-minute recess at this time. The meeting recessed at 7:50 and reconvened at 8:00 p.m. Page 9 of 24 Council Regular Meeting February 13, 2006 B. Public Hearing, Richard Stonecipher, Earthquake Magoons, 132 W. Park Avenue, requesting a Special Activity Permit for an Annual Bike Week Oyster Roast to be held March 10, 2006 City Manager Hooper made a staff presentation. Due to there being no comments, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilwoman Rhodes moved to approve the Special Activity Permit for an Annual Bike Week Oyster Roast to be held March 10, 2006 for Earthquake Magoons, second by Councilman Vincenzi. The MOTION CARRIED 5-0 . C. Public Hearing, Leslie Peterson, Dog House Saloon, 307 N. Ridgewood Avenue, requesting a Special Activity permit for a “Customer Appreciation Day” event to be held March 10, 2006, with a rain date of March 11, 2006 City Manager Hooper made a staff presentation. Mayor Thomas asked where they would be parking their cars and bikes. City Manager Hooper stated they have some area to the rear, open space, where they can park. Mayor Thomas mentioned an e-mail he received from Florida Health Care. City Manager Hooper further commented on their concerns of trips on Evergreen. Mayor Thomas stated he would be riding with the police officers so he would help monitor that to see if there would be a problem in the future. Councilwoman Rhodes asked if the parking is still the same as when it was Sugar and Spice Bakery. City Manager Hooper informed him it is a large area that has been cleaned out. Councilman Vincenzi asked what day March 10th was. City Clerk Wadsworth informed him Friday. Councilman Vincenzi asked how the concerns of Florida Health Care are going to be addressed. City Manager Hooper informed him there would be additional officers on patrol. Page 10 of 24 Council Regular Meeting February 13, 2006 Due to there being no comments, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilwoman Rhodes moved to approve the Special Activity Permit for a “Customer Appreciation Day” event to be held March 10, 2006, with a rain date of March 11, 2006 at the DogHouse Saloon, second by Councilwoman Lichter. The MOTION CARRIED 5-0 . nd D.2 Reading, Ord. No. 2006-O-02, the City of Edgewater requesting annexation of 17.63+ acres of property located at 3930 South US 1 Paralegal Matusick read Ord. 2006-O-02 into the record. City Manager Hooper made a staff presentation. Due to there being no comments, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilwoman Rhodes moved to approve Ord. 2006-O-02, the City of Edgewater requesting annexation of 17.63+ acres of property located at 3930 South US 1, second by Councilwoman Rhodes . The MOTION CARRIED 5-0 . nd E.2 Reading, Ord. No. 2005-O-51, Trajan Joe Sfera requesting an amendment to the Official Zoning Map to include 12.01+ acres of land west of US1 and south of Relocation Road and 4100 S US 1 as B-3 (Highway Commercial) Paralegal Matusick read Ord. 2005-O-51 into the record. City Manager Hooper made a staff presentation. Councilwoman Lichter commented on owning property on U.S. #1 a certain amount of feet. She asked if that is on the east or west side of U.S. #1. She asked if it runs in front of this property. She was curious if the City had annexed that land in front of it for the water. City Manager Hooper commented on properties that have been annexed to the north and south. Page 11 of 24 Council Regular Meeting February 13, 2006 Due to there being no comments, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilwoman Lichter moved to approve Ord. 2005-O-51, Trajan Joe Sfera requesting an amendment to the Official Zoning Map to include 12.01+ acres of land west of US1 and south of Relocation Road and 4100 S US 1 as B-3 (Highway Commercial), second by Councilwoman Rhodes . The MOTION CARRIED 5-0 . st Reading, Ord. No. 2005-O-56, Paul and Tomoko F.1 Newsom and Robert Jalbert, Jr. requesting an amendment to the Official Zoning Map to include 12+ acres of property located at 2203 and 2295 Cow Creek Road as AG (Agriculture) and RT (Rural Transitional) (cont. from 12/5/05, Item 6F) Paralegal Matusick read Ord. 2005-O-56 into the record. City Manager Hooper made a staff presentation. Mayor Thomas asked what they were planning on doing on doing with it. City Manager Hooper informed him there are no plans submitted as to what this will turn out to be at this point. City Manager Hooper asked Development Services Director Lear what was currently on the property. Mayor Thomas informed him it was an old chicken farm and the borrow pit was below that to the left. Mayor Thomas asked what the chicken farm was being used for now. Mr. Lear informed him they were doing some surfboard manufacturing. Once it comes into the City it is considered a non-conforming use and they can keep that use until such time that they want to change the development of the property. Then they have to remove that surfboard manufacturing. City Manager Hooper asked Mr. Lear if the applicant was there. Mr. Lear informed him he didn’t think so. Mayor Thomas stated so what they want to do is have one acre lots. City Manager Hooper informed him that is the zoning category that enables them to do that. He suspected in the future time period as Cow Creek Road and the rest of the area develops that they will see this come back and ask to be something different. At this point it is just coming Page 12 of 24 Council Regular Meeting February 13, 2006 into the City and maintaining a very low density/intensity type-zoning category. They aren’t asking to do anything in the way of development activity right now. Mayor Thomas opened the public hearing. The following citizen spoke: Pat Card , 3019 Willow Oak Drive, stated he thought any commercial operation on that site would have to be agricultural related. City Manager Hooper explained as part of the non-conforming use they are looking just to continue to use that. They can’t expand it and they can’t change it but they would be entitled to continue to use that as you see it today. Mr. Card wondered since it was agriculture in the County, doesn’t that County also have that restriction. City Manager Hooper stated they have some special activities and they have some grandfather clauses. It’s one of those kind of conditions that live and let live. Mayor Thomas closed the public hearing and entertained a motion. Councilwoman Lichter moved to approve Ord. 2005-O-56, Paul and Tomoko Newsom and Robert Jalbert, Jr. requesting an amendment to the Official Zoning Map to include 12+ acres of property located at 2203 and 2295 Cow Creek Road as AG (Agriculture) and RT (Rural Transitional), second by Councilwoman Rhodes . The MOTION CARRIED 5-0 . st G.1 Reading, Ord. No. 2006-O-03, Visconti requesting an amendment to the Official Zoning Map to include 2.44+ acres of property located at 3609 and 3625 S US 1 Paralegal Matusick read Ord. 2006-O-03 into the record. City Manager Hooper made a staff presentation. Councilman Vincenzi asked what is on the front property. City Manager Hooper stated he believed Diversified Flooring was there. Page 13 of 24 Council Regular Meeting February 13, 2006 Mayor Thomas stated he appreciated the aerials where they don’t have to go out there and look at it. It helps him make his decision. Due to there being no comments, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilwoman Rhodes moved to approve Ord. 2006-O-03, Visconti requesting an amendment to the Official Zoning Map to include 2.44+ acres of property located at 3609 and 3625 S US 1, second by Councilwoman Lichter . The MOTION CARRIED 5-0 . 7. BOARD APPOINTMENTS A. Police Pension Board – Council affirming the Police Officers’ election of Lawrence Leaf to serve a two (2) year term City Manager Hooper made a staff presentation. Mayor Thomas commented on Lawrence Leaf being a retired law enforcement officer and serving on the Volusia Prepares Steering Committee. He feels he is a very good pick. Mayor Thomas entertained a motion. Councilwoman Lichter moved to affirm the appointment of Lawrence Leaf to the Police Pension Board, second by Councilwoman Rhodes . The MOTION CARRIED 5-0 . 8. CONSENT AGENDA Fleet Vehicle Lease Agreement – staff A. recommending final approval of the Ford Motor Credit Company Lease in the amount of $836,190 and authorizing the City Manager to execute the Lease Agreement and associated documents (approved budgeted item) B.Harley-Davidson Motorcycle Lease Agreement – staff recommending approval of the Lease for four (4) new Harley-Davidsons in the amount of $15,200 Page 14 of 24 Council Regular Meeting February 13, 2006 and authorizing the City Manager to execute the Lease Agreement (approved budgeted item) C.East Volusia Mosquito Control District – staff recommending approval of an annual request to perform low level flights over the City of Edgewater and authorize the Mayor or City Manager to execute the document City Manager Hooper made a staff presentation regarding the Consent Agenda items. Mayor Thomas questioned Ford coming in cheaper than Dodge. City Manager Hooper explained this has been picked off of State Contract. Mayor Thomas asked Chief Ignasiak if the motorcycles are acceptable to him. Chief Ignasiak informed him yes they are. He commented on Harley Davidson raising the price of the lease throughout the State. There hasn’t been a price increase in seven years. Mayor Thomas asked about Bruce Rossmeyer on SR 44 servicing the motorcycles. Chief Ignasiak informed him all police motorcycles come out of Ft. Lauderdale and all servicing would be provided by New Smyrna Harley unless they couldn’t do it. Then Bruce Rossmeyer’s facility would. That is covered under Harley’s contract and they are responsible for that. Councilman Vincenzi asked about having three garbage trucks and needing three new ones. Director of Environmental Services Terry Wadsworth explained two of them are replacements and one is for new route we’re adding because the additional new customers we have. That was budgeted as well as the new positions to man them. They will take the best of what they retire and put it in reserve. Mayor Thomas asked how low the Mosquito Control is going to fly. City Manager Hooper informed him that is the County. They contract with them and bring them in. All Council is doing is authorizing them to make aerial sprays throughout the City. Mayor Thomas asked whose idea that was. City Manager Hooper informed him this has been done for many years. Page 15 of 24 Council Regular Meeting February 13, 2006 Councilwoman Lichter asked about the trucks also going by. City Manager Hooper informed her that is a different deal. This is aerial mosquito control where they come in and they fly. It is paid for and done by the County. Councilwoman Rhodes moved to approve the Consent Agenda, second by Councilwoman Lichter . The MOTION CARRIED 5-0 . 9. OTHER BUSINESS A.Continuance of Public Hearing – request to st continue 1 Reading of Ord. 2006-O-01 (River Oaks) by re-advertising the Public Hearing and to continue consideration of the proposed Residential Planned Unit Development (RPUD) Agreement to the March 6, 2006 City Council meeting City Manager Hooper informed Council what they have in their package that has been reviewed by City Attorney Rosenthal. There has been several faxes from Mr. Storch talking about whether this is an on or off item. City Attorney Rosenthal has reviewed the agenda item exactly as worded, which is a continuation of Ordinance 2006-O-01, for re-advertisement and they will have the first reading back th in front of Council. They originally thought March 6. They have the transcripts that were handed out tonight of all previous action and this has also gone to City Attorney Rosenthal. In lieu of looking at that they are looking at th March 20 as a continuation date. Councilman Vincenzi moved to approve the Continuance of st Public Hearing – request to continue 1 Reading of Ord. th 2006-O-01 (River Oaks) until March 20, second by Councilwoman Rogers. The MOTION CARRIED 5-0 . B.Public Safety Services – staff recommending proposed “draft” ordinance establishing a program to charge user fees to non-residents for public safety services for motor vehicle accidents (postponed 1/23/06, Item 9A) Page 16 of 24 Council Regular Meeting February 13, 2006 City Manager Hooper made a staff presentation and informed Council this is a discussion item. They haven’t put it on as anything for formal action. City Manager Hooper informed Council this would enable the cost recovery from non-residents for the deployment of public safety services for motor vehicle accidents. He further commented on there being four different levels. He suggested they discuss it tonight and if they are interested in the program they will create an ordinance, advertise it and then get public input. Police Chief Ignasiak and Fire Chief Barlow have been working on this. Mayor Thomas stated he loved creativity and innovation and asked Chief Ignasiak to give them some comments. Chief Ignasiak commented on this program going on in several other states for the past two years. He further spoke of constantly being called out to assist the Florida Highway Patrol on I-95 and the Volusia County Sheriff’s Department to assist them in other areas. We are providing services under mutual aid, which our taxpayers have paid for. He spoke of providing any assistance at any time but the City is taking a loss under those situations. This cost recovery will affect many of those things they are dealing with. He commented on accidents they have responded to on I-95. He feels this is a legitimate request to go back and try and recoup some of those costs and bring it back to the City. This is for people that do not live in the City and are at fault in accidents. Mayor Thomas asked how they are going to get that money from someone that lives out of state. Chief Ignasiak informed him they would be entering into a contract with a company that does this professionally. The company will solicit the insurance company to get back the charges and the fees. If they can’t collect it they will send it back to the City and ask if we still want to proceed forward or not. Councilwoman Lichter asked how they get paid. Chief Ignasiak informed her they get a percentage of what the cost would be. Fire Chief Barlow stated it is about ten percent. Councilwoman Rhodes asked if that would be included in the bill sent to the insurance company. Chief Ignasiak informed her they would bill the insurance company and take Page 17 of 24 Council Regular Meeting February 13, 2006 out ten percent of what they get back and mail us the ninety percent. Councilwoman Rhodes asked if when they bill the insurance company they are going to bill ten percent over what we should recover. Chief Ignasiak informed her no. We are going to pay a ten percent user charge to have them be our agent and go forward and get it. Councilwoman Lichter stated we can’t lose on this one. Councilwoman Rhodes stated she didn’t think we could lose as long as no other cities or county around us have this but once everybody has it then it’s a wash. At some point in time if she causes an accident in Edgewater then she is not charged but if she causes an accident in New Smyrna and New Smyrna has that then New Smyrna is going to charge her insurance company. At some point the insurance is coming back to you and they are going to accommodate that cost. They are going to pass that cost on to the consumer. Chief Ignasiak stated today if you get involved in an accident and you’re at fault, your insurance company is going to raise your rate even without this ordinance. Councilwoman Rhodes stated she has never been in an accident and has never had a ticket and they raise her rate all the time. Until that meeting occurs where everybody has it we can’t lose on it. She feels it is something they need to keep an eye on because they are either going to take it out of your tax dollars or they are going to take it out of your pocket through insurance premiums. Chief Ignasiak agreed if it got to that point where it was across the board they should do that. Councilwoman Rhodes feels they shouldn’t do both. Councilman Vincenzi stated this isn’t an ordinance. We are talking about drafting an ordinance right. City Manager Hooper informed him there is a draft in their packet. They are talking of the concept tonight only. Councilman Vincenzi asked who they will be contracting with if this passes and where they are located. Chief Ignasiak didn’t have the paperwork with him on that but would be happy to provide that information. Councilman Vincenzi stated if it passes and comes back as an ordinance he would like to see information on the Page 18 of 24 Council Regular Meeting February 13, 2006 company itself. He would like to know where they are located and their track record. Councilwoman Rhodes confirmed the company doesn’t get paid unless they collect. Councilman Vincenzi then questioned the money being placed into a proprietary fund and the money going back to the Police and Fire Departments for specific purposes. Chief Ignasiak informed him yes. Councilman Vincenzi commented on when the lottery went into effect and the money was supposed to help education but the State pulled money away from education and the lottery money replaced that money. He questioned if that will happen here. City Manager Hooper commented on the budget coming back every year and this being identified. It shouldn’t happen here but they are controlling where all those dollars go as a Council. Councilman Vincenzi stated when the ordinance comes back he would like something in it that would stipulate that this money does go back to them and that it’s over and above their budget that they need to operate. He then questioned what it costs for the Police Department to operate per year. Chief Ignasiak informed him $2.9 to $3.2 million. Councilman Vincenzi stated if they recoup a million dollars a year out of these fees, he wants to make sure their budget doesn’t get cut by a million and supplemented with this money. Mayor Thomas suggested they also include in the ordinance that they do this on a year trial basis, evaluate the data after a year and then see if it is worthwhile to put it into effect forever. City Manager Hooper informed him they could do that. They could put a sunset condition on it. Mayor Thomas asked if a year is enough. City Manager Hooper informed him it should be longer so it covers a full budget cycle. Mayor Thomas then suggested eighteen months. Councilwoman Rhodes had a problem with Councilman Vincenzi’s suggestion and it not helping the taxpayers of this City. In other words they are going to pay the same amount of tax dollars to run the Police Department as they were before. Councilman Vincenzi presented a scenario if when the Police Department doesn’t need the money it can go somewhere else. Page 19 of 24 Council Regular Meeting February 13, 2006 Chief Ignasiak commented on issues that will come up not only in law enforcement but also in fire/rescue. He spoke of looking for grants and revenues and other alternative sources where they might be able to find something to help with replacement costs without passing it on to the taxpayers. Mayor Thomas asked about the average life of the Police Department vehicles and how many miles they are putting on them. Chief Ignasiak further commented on the condition of his department’s vehicles and what they have done to extend the life of their fleet. Mayor Thomas asked how many police officers the City has. Chief Ignasiak informed him they have thirty-three sworn officers. Mayor Thomas asked the population of Edgewater. Chief Ignasiak informed him a little over 21,000. Mayor Thomas then asked the staff in New Smyrna and their population. Chief Ignasiak informed him they have 23,000 or 24,000 and he believed they had fifty-five sworn officers. Councilman Vincenzi asked how much money they anticipate getting back every year with this program. Chief Ignasiak estimated between $15,000 and $20,000. Councilwoman Lichter stated her thoughts ran very similar to Councilwoman Rhodes’ by locking us in. She feels there are other considerations of safety for the community. She feels it is a general principle that it should go back but they have come across situations where they have used the reserve funds and they didn’t get money back they thought they were going to. She is not jumping for joy to lock it in totally. She spoke of departments being interrelated. She has to give this some thought when they draw up the ordinance of locking it in totally. Councilman Vincenzi commented on things the Fire and Police Department will need, such as a Fire Station or Police/Fire Administration building, and never running out of things to spend money on. Councilwoman Rhodes then mentioned impact fees paying for that. Councilman Vincenzi stated it will partially cover it. Councilwoman Rhodes feels if it isn’t paying for itself, then they need to raise it. Councilman Vincenzi stated that is fine by him. Let’s do it. Page 20 of 24 Council Regular Meeting February 13, 2006 Mayor Thomas suggested they try it on a trial basis and reevaluate the data after eighteen months and go from there. Councilwoman Lichter would like to see how it was done in other cities. Chief Ignasiak agreed to get this information for her. Mayor Thomas entertained a motion. Councilwoman Rhodes stated she didn’t think they needed a motion. City Manager Hooper informed the Council he needed consensus to bring it back. They will advertise it and Council will see it soon as an ordinance that has been advertised properly. It was the consensus of Council to do this. C.Surplus Items – staff recommending declaring two (2) existing tanks at the City’s 17.94 acre site on US1 across from Hacienda del Rio to be surplus equipment City Manager Hooper made a staff presentation. Councilwoman Rhodes moved to declare two (2) existing tanks at the City’s 17.94 acre site on US1 across from Hacienda del Rio to be surplus equipment, second by Councilwoman Lichter. The MOTION CARRIED 5-0 . D.Engineering Services Proposal – staff recommending approval to award the Ariel Canal Watershed Drainage Basin Study to Quentin L. Hampton Associates, Inc. for an estimated cost of $149,966 and authorize the Mayor or City Manager to execute the engineering work order City Manager Hooper made a staff presentation. He pointed out on the map where this area is located. Page 21 of 24 Council Regular Meeting February 13, 2006 Councilwoman Lichter expressed concern with the way the County property drains, like on Mission Road, it is like a ravine. It looks like a dangerous situation to her. They had one once that they took care of on SR 442. She asked if they would run into any problems like that when they start digging deeper. City Manager Hooper stated the purpose of the study is to describe soil conditions and where they need to put drainage. Councilwoman Lichter feels the depth of the canals on Mission Road seem dangerous to her. City Manager Hooper stated part of what you are seeing there are very old watershed basins that have had no work. There’s no study and no analysis. Those are just built as is. Any time the road has been repaired or widened nobody has tried to deal with the drainage. He further commented on how he planned on recouping the cost. They will see a resolution after they approve how much and who they are going to be contracting with. Councilwoman Lichter asked who put up the railing facing Wachovia Bank on SR 442. City Manager Hooper thought DOT put it up and we agreed to maintain it. That was part of the widening project. Mayor Thomas entertained a motion. Councilwoman Rhodes moved to approve awarding the Ariel Canal Watershed Drainage Basin Study to Quentin L. Hampton Associates, Inc. for an estimated cost of $149,966 and authorize the Mayor or City Manager to execute the engineering work order, second by Councilwoman Lichter . 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 Hooper City Manager Hooper commented on the bids that were opened for the Animal Shelter. The low bid came in at 3.84% and staff recommended approval of that. He authorized it Friday because in order to get that interest rate they had to lock in Friday afternoon by 5:00 p.m. If they choose Page 22 of 24 Council Regular Meeting February 13, 2006 not to, then the interest rate with Bank of America today is 4.05%. City Manager Hooper asked for a motion to approve the authorization with Bank of America for a half a million dollars at the 3.48% interest rate. Councilwoman Rhodes so moved, second by Councilwoman Lichter . The MOTION CARRIED 5-0 . 11. CITIZEN COMMENTS/CORRESPONDENCE The following citizen spoke: Karen Mason , 1847 Coco Palm Drive, stated she wanted to revisit the public safety service issues the Council began to discuss tonight and the City wanting to recoup equipment and personnel costs. She commented on the costs incurred if I–95 gets shut down. She feels Council needs to look at this. Ms. Mason also feels Council needs to look at if something happens on I-95 and you have a bad accident and the road gets damaged or there is environmental costs, all of those costs get passed on too. Bob Overton , 631 Starboard Avenue, stated if an accident occurs on I-95 it is probably outside of the City limits. Councilwoman Rhodes stated we service part of I-95. City Manager Hooper further commented on closest unit response that we are obligated to serve. Mr. Overton then questioned if it is outside of the City limits then this ordinance wouldn’t apply. Councilwoman Rhodes informed him that is correct. City Manager Hooper informed him that was correct. Fire Chief Barlow also informed the ordinance would only be within the local jurisdiction of Edgewater. Mr. Overton stated someone in the Police or Fire Departments would have to administer the program and be responsible for sending in and processing those claims. He commented on there being a cost associated with it. Councilwoman Rhodes feels that cost needs to be reimbursed as well. Fire Chief Barlow stated most of that information Page 23 of 24 Council Regular Meeting February 13, 2006 they are already collecting so there won’t be any additional costs. Mr. Overton stated in addition, it’s kind of like taking money out of one pocket and putting it into another pocket. He commented on paying for the Police and Fire Services through their taxes. Now they are going to collect some additional money from somebody’s insurance company. He also feels if all of the cities go that way then all they are doing is taking it out of one pocket and putting it back in another pocket. It seems to him what is happening is they are actually funding the Fire and Police Departments through a different source than our standard taxes. We are trying to fund at least part of their expenses through an assessment via the insurance company, which ultimately comes out of their pocket. In that regard if the Fire Department and Police Department have expenses that need to be covered by our tax base the City Council should look at the budget and make sure all of those expenses are adequately covered. Pat Card , 3019 Willow Oak Drive, stated developers, when they come to Edgewater, want something the City has, an opportunity to build here. He feels the Council needs to ask them for whatever they can get from them and the best person to do that is City Manager Hooper. Mr. Card stated two weeks ago they stepped away from a way to fund this water and drainage issue. Wasn’t that the voluntary assessments? City Manager Hooper stated at that point they didn’t fund it in that manner but they are going to bring back a more definitive way. A. Tentative Agenda Items There were no Tentative Agenda Items to be discussed at this time. 12. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 9:00 p.m. Minutes submitted by: Lisa Bloomer Page 24 of 24 Council Regular Meeting February 13, 2006