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03-20-2006 - Regular CITY COUNCIL OF EDGEWATER REGULAR MEETING MARCH 20, 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 Attorney Paul Rosenthal Present City Clerk Susan Wadsworth Excused Deputy City Clerk Lisa Bloomer Present Paralegal Robin Matusick Excused INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. 2. APPROVAL OF MINUTES A. Regular Meeting of January 23, 2006 Councilwoman Lichter moved to approve the January 23, 2006 minutes, second by Councilwoman Rhodes . The MOTION CARRIED 5-0 . B. Regular Meeting of February 27, 2006 Councilwoman Rhodes moved to approve the February 27, 2006 minutes, second by Councilwoman Lichter . The MOTION CARRIED 5-0 . Page 1 of 29 Council Regular Meeting March 20, 2006 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DON ATIONS There were no Presentations at this time. 4. CITY COUNCIL REPORTS Councilman Vincenzi wanted to discuss the Land Development Code changes. He had expressed concern to City Manager Hooper earlier in the week or last week about the Land Development Code changes going through the process and taking quite a while. He feels developers would be rushing to get in the door to get their changes through before any Code changes could take place. He was assured by City Manager Hooper that wouldn’t be a problem. He was told if they saw something coming through that fell under the category of we would like to postpone until changes were adopted that all they had to do was request a continuance of it. He wasn’t sure about the validity of that and didn’t want to do that until he was sure. He asked City Attorney Rosenthal’s opinion on that. City Attorney Rosenthal explained every case has to be looked at individually. With respect to the Land Development Code changes, if someone has approvals in place those approvals as a general statement aren’t going to be affected by a Land Development Code change. If you don’t have any application pending, they would be subject to the Land Development Code Regulations in effect at the time the application is submitted. He suggested the Council address in the Land Development Code amendment how to treat or not treat an application that has already been submitted. He further presented suggestions of how Council could handle applications that have already been submitted and new applications and how they relate to the Land Development Code or the Land Development Code changes. Councilman Vincenzi feels to say continue something until any changes they desire in the Land Development Code are passed or not passed would not be the truth. City Attorney Rosenthal informed him they could continue it within some parameters. They could slow down the process or continue the process. He spoke of scheduling projects in terms of when they will be coming before Council. They could continue it. The question is if during that continuance the Council adopts new land development regulations, are those regulations applicable to the project that has been Page 2 of 29 Council Regular Meeting March 20, 2006 continued. That will depend on where it is in the process. Just continuing in and of itself doesn’t protect the Council. He informed Council they could consider a moratorium on the receipt of additional applications. Councilman Vincenzi feels this is something they should consider. He felt considering a moratorium at this time would not be proper because of it not being advertised and this being the first time it has been talked about. He feels that is something someone should consider for the th future, possibly the next meeting or the April 17 meeting. He requested a list of all the applications and where they are at in the process and he would like to find out exactly who falls into these categories of what can and can’t be continued legally. City Manager Hooper commented on the Tentative List of Agenda Items that is given to Council. Those are people that have made application. Councilman Vincenzi asked if they fall under this category of not legally being permitted to continue or it depends where in the process they are. City Attorney Rosenthal informed him they could vote to continue anything they want. Councilman Vincenzi stated he wants to do it legally if he does it and he wants to do it without any legal problems. City Attorney Rosenthal informed him the continuation is legal. The question is do they then become subject to new land development code regulations when they take final action, not whether or not you can continue it. Councilman Vincenzi asked how that could be determined. City Manager Hooper informed him each case is individually looked at. He commented on if there has been some type of expenditure on their part they are going to claim they have some vesting. He knows of none right now that are in that category. He believed Reflections was trying to get in in front of the Land Development Code. He didn’t think this would happen due to the schedule. He mentioned some being annexed into the City years ago. He spoke of this not being black and white. It depends whether they have done something, whether they have protected their position or whether they have staked out some methodology to protect their position. City Attorney Rosenthal elaborated on somebody submitting an application after the land development regulations have been adopted. He urged the Council to be careful about a blanket rule. Page 3 of 29 Council Regular Meeting March 20, 2006 City Manager Hooper mentioned the Council having a schedule that shows a path for the Land Development Code and a path for the Comprehensive Plan Amendment. The Land Development Code would be in a finished draft on Friday so they would be handed out to Council and the Planning & Zoning Board. The Planning & Zoning Board’s first hearing is on April th 12. The schedule is it could come before Council as early stth as May 1 and May 15 for the second hearing. He commented on this being fast for major changes to the Code. It isn’t just changing a page or paragraph. You have to make sure it works in other components of the Code. Councilwoman Rhodes asked if this issue should be added as well, the procedure. City Manager Hooper informed her it would be. He commented on including an appeal process in the Code. Councilman Vincenzi stated what he thought he heard were two options being either to declare a temporary moratorium on accepting applications or do a case-by-case continuance if somebody on Council felt it is a situation they would like to see fall under the new codes. City Attorney Rosenthal then explained what a pending ordinance doctrine is. He commented on a moratorium taking two readings and a meeting, which wouldn’t be too far behind the schedule that City Manager Hooper had before Council. Councilman Vincenzi stated well it’s an option. Councilman Vincenzi asked for a consensus from Council to have the City Attorney or a legal representative present at all future meetings. Councilwoman Rhodes didn’t feel they needed to do that and that it wasted money. Councilwoman Lichter felt there were certain issues that are very complicated and involved with an attorney being here. There are other meetings when they do not have that so she felt it should be a meeting-by-meeting decision. She wouldn’t be in favor of having the lawyer or someone from his firm there all the time. They all have the ability to contact. Councilman Vincenzi stated he went through that process this week. He was told it takes three out of five to say Page 4 of 29 Council Regular Meeting March 20, 2006 yes you want them at a meeting and sometimes there isn’t enough time to contact everybody to get a consensus. Mayor Thomas stated his opinion is yes. Councilwoman Rogers stated with what is going on in the City right now, which they aren’t allowed to talk about, if they would have had an attorney present, it would have saved them a lot of time and money. For that reason, she felt they should have an attorney sitting at the meetings. Mayor Thomas stated the general consensus is three against two for the City Attorney to be here. Councilwoman Lichter questioned where the money was coming from. Councilman Vincenzi stated it is going to cost a lot of money. It is going to cost more money but he felt the ramifications of not having legal advice when they are making sensitive decisions could cost the City a lot more. Councilman Vincenzi then asked City Attorney Rosenthal if he or another qualified attorney would be at the meetings. City Attorney Rosenthal informed him yes. Councilwoman Rhodes had nothing at this time. Councilwoman Lichter stated she is still looking for anti- littering signs along U.S. #1. She felt they might not have to have the extra help besides Mr. Corder’s team. Councilwoman Lichter commented on calls she has been receiving regarding the reclaimed water rates. She felt the letter that got sent out with the water bills was not clear to people. She feels they need to readdress that issue due to people being confused. She spoke of when they first started supplying reclaimed water. She spoke of reclaimed water being a golden commodity to help conserve other water use. She spoke of charging more because they had to improve the system because some people are abusing it and to get brownie points with St. John’s to get the Consumptive Use Permit the City is after. Councilwoman Lichter reported that the Manager’s Group is being activated again. Our City Manager happens to play an Page 5 of 29 Council Regular Meeting March 20, 2006 important part in that. They are being given two more assignments to discuss a common C.U.P. and middle funding. st Councilwoman Lichter reported that on April 1 there was going to be a Halifax/Indian River Cleanup. The hours are between 8:00 a.m. and 11:30 a.m. At 11:30 a.m. there would be free lunch at the Buena Vista Park in New Smyrna Beach. She reported that her and Jack Hayman have been asked to be judges. Councilwoman Lichter stated she thought consensus usually means total consensus. She didn’t know how they could plan to spend unless they know where the money is coming from. Mayor Thomas informed Council he has met his goal to meet with every City employee. He commented on riding with the Police Officers on Thursday and Friday of Bike Week and this being exciting and busy. He mentioned there being 4,000 bikes in the Dollar General parking lot and 40,000 people visiting the No Name Saloon just on Friday. He commented on six police officers coming over from Orange City. He wrote the Mayor of Orange City a letter thanking him. He spoke of having to direct traffic in front of the No Name Saloon. Mayor Thomas asked Police Chief Ignasiak to present some statistics about Bike Week. Police Chief Ignasiak reported that there were several thousand passing through Edgewater streets every day. Typically in Edgewater we have two or three accidents per day. Throughout the entire Bike Week we had a total of fourteen accidents, only one involving a motorcycle. There were no serious fatalities. Very few arrests were made other than drivers’ license violations as a result of Bike Week activities. They made a total of six arrests for misdemeanors. Five of the six were Edgewater residents. Traffic wrote 726 citations in that ten-day period. Patrol wrote 146 citations, totaling 872 citations. He felt the entire event went very well. There were 17 traffic related arrests, 2 misdemeanor drug arrests, 2 disorderly intoxication arrests. They wrote 126 violations for motorcycles coming through. He commented on two complaints he received. Orange City provided the City with six police officers and will be coming back at various times in an attempt to establish better law enforcement presence during Bike Week. Page 6 of 29 Council Regular Meeting March 20, 2006 Mayor Thomas stated in talking to the City employees, he expressed concern with affordable health insurance at retirement age. He is going to talk to Ms. Sigler about this. He spoke of some people having enough time to retire but not being able to afford the health insurance. He feels this needs to be addressed and that they should try to find a solution. Mayor Thomas then mentioned the old employees and their family’s insurance being free and the new employees have to pay for that. City Manager Hooper stated previously the City paid 50% of dependent coverage. Last year they ceased that due to it being too expensive. Councilwoman Rogers stated she has received some phone calls regarding the proposed land use changes with regard to the fifty-foot wide lots. She requested City staff provide her with a total amount of lots that we have existing right now that are fifty foot wide broke down by subdivisions and how many would be vested or coming into the City that are not yet built but they have already given permission to allow the developers to build the fifty-five foot wide lots. Councilwoman Rogers stated her utility bill is debited out of her account automatically. She stated she would like to know the number of residents in the City. Whenever she receives an invoice and she knows the debit is going to be occurring, she felt she should not receive an envelope. She felt they should stop sending out envelopes when they have bills that are paid through a debit. Councilwoman Rogers stated they would be getting involved in the budget workshops very soon. They will definitely look for a way to pay for the attorney. She stated they do have funds they don’t have realized yet. They aren’t liquid. These are the funds she has brought up in the past, the dredging material from the intracoastal waterway. It is pretty substantial. She has heard the amount anywhere from $4,500,000 to $6 million. She believes they have funds to afford an attorney. She felt it was imperative to have the legal advice at their meetings. They have the money. They just have to make it liquid and allocate it. City Manager Hooper stated FIND has pledged all of that fill to Volusia County for beach re-nourishment. What looked like a source of dollars is taken back by FIND. Page 7 of 29 Council Regular Meeting March 20, 2006 Councilwoman Rogers asked when this came about and if they had a legal right to do that. City Manager Hooper stated it is their dirt. They agreed they would let the City have it and then the County said to them a public use would be to put that on the beach. There was no agreement prior to that. It was just something they had talked about and were heading towards an agreement. At this point they are saying it is a higher public purpose to put it back on the beach. Councilwoman Rogers asked when this decision came about. City Manager Hooper informed her last week. Councilwoman Rogers stated this is the first time she is hearing about it and that it sounds like some people were already aware of it. 5. CITIZEN COMMENTS The following citizens spoke: Dot Carlson , 1714 Edgewater Drive, representing Edgewater Citizens Alliance for Responsible Development, stated she was at the meeting to petition the City Council to place the following amendment to the City Charter on the ballot for the next general election. Ballot title - Height amendment, amending Edgewater City Charter, Article I Powers, Prohibiting building heights exceeding 35 feet. Ballot summary – Height amendment prohibits construction of new buildings that exceed 35 feet in height, provides building height, definitions and exclusions. Buildings presently exceeding 35 feet in height may be repaired to existing heights. Prohibits alterations that would cause a building height to exceed 35 feet. Is not intended to restrict a property owner’s vested rights under constitutional statutory common law, repeals conflicting ordinances, provides effective date. She currently had over 500 signatures. Councilman Vincenzi asked what the procedure was if they wanted to consider that and try to get it on the ballot. City Manager Hooper explained the authority rests with the Council to propose an amendment to the Charter. The petition route they are doing, he thought was 10% of the registered voters. They gather the signatures, they turn them in and they are verified by the Supervisor of Elections. That goes directly on the Charter ballot. They have two choices, their own initiative if they choose to or Page 8 of 29 Council Regular Meeting March 20, 2006 the initiative from the citizens that are trying to put the petition together. The City’s would be an ordinance the Council could adopt. They could have it as a Special Election or put it on one of the General Elections. Councilman Vincenzi questioned if that was an option that was desired, what would be the deadlines associated with something like that if they wanted to put it on the ballot in November. City Manager Hooper stated they would have to have an ordinance adopted by September. He agreed to research this and come back with a date the Supervisor of Elections would require that information be given to them. Ms. Carlson stated instead of an ordinance, they are asking for a Charter amendment. Councilman Vincenzi stated they are finding out information. They aren’t doing anything right now. City Attorney Rosenthal explained a Charter amendment first passes as an ordinance of the Council and then goes to the voters. Councilwoman Rogers asked to have the information by the next Council meeting. Mike Thompson , 1089 Volco Road, Volusia/Flagler Sierra Club, felt having counsel on staff when they have their meetings is probably going to be some of the smartest money the Council has ever spent. Ms. Thompson stated he helped Ms. Carlson collect the signatures. The Council had a major regime change in the election. He stood on the street corner and collected the signatures and people are falling over themselves to sign because they don’t want this runaway growth. Dominic Capria , 606 Topside Circle, stated the City had a full-time attorney that was terminated. He asked for an approximate figure on what we are spending now per year without having a full-time attorney. City Manager Hooper estimated between $50,000 and $60,000. Some of that is recouped through development. Mayor Thomas explained he is our full-time attorney but he charges by the hour when he participates. Mr. Capria didn’t understand completely the charge being passed on to the developer. City Manager Hooper commented Page 9 of 29 Council Regular Meeting March 20, 2006 on when the City Attorney reviews a developer’s request to plat property and the developer paying his hourly rate. Mr. Capria asked if it was the same procedure when we have a full-time attorney here. City Manager Hooper informed him no. Mr. Capria commented on the General Fund being depleted and the City getting $5.5 million back. The Fund technically was depleted for a short period of time and then was filled again. Ray Anderson , 1906 S. Riverside Drive, presented his semi- annual report from Bike Week. He commented on it being completely under control except one night it got a little loud. He called it in for a meter reading and obviously it was within limits. He commented on the readings being well below any readings they have had in the past. There was a brief discussion regarding the use of the P.A. system being rescinded beyond curfew hours. Mr. Anderson stated all in all it was pretty good. He then asked Councilwoman Lichter for an update on the animal shelter and where they stand with it being a voluntary financing. City Manager Hooper mentioned having an agreement before Council between the Pet Society and the City at the April th 17meeting. He spoke of also having the construction th contract on April 17. Councilwoman Lichter commented on the funds being raised by the Pet Society going for everything within the building. Volunteers are needed to help with fund raising activities. She commented on volunteers paying for all of the expenses of the animals for the last three years. She mentioned volunteers covering certain types of jobs that they legally can. Every penny that Pet Society makes is accounted for and goes for the operation of the animal shelter except the director and the two animal control people at the moment. Doris Hill , 1830 Turnbull Lakes Road, New Smyrna Beach, informed Council she had a couple questions regarding changes to the Comprehensive Plan. She stated Councilman Vincenzi asked the question how long it would take. If Council decides on the changes and votes on the changes, Page 10 of 29 Council Regular Meeting March 20, 2006 when does that become legal. She questioned it going to the Department of Community Affairs for their approval and how long that takes. City Manager Hooper informed her she was mixing two issues. The Comprehensive Plan goes to DCA. The only issue that will be addressed in the Comp Plan is net density verses gross density. They get a review period of about 90 days that takes maybe four to five months from the time it is transmitted out of the City, to them and back. The Land Development Code that is under the authority of the City Council will deal with lot size, flood plain, protection of wetlands and height. Those will be effective upon adoption at the second reading. Ms. Hill commented on what she feels are problems the realtors are going to have with this. They have to disclose and when you don’t know if a zoning is going to be changed, it puts everybody in a very bad position. She would look into this and know what all the ramifications are. City Manager Hooper informed her it really affects new development. He believed Council was looking at applications coming in for new developments. Ms. Hill stated she was talking about raw land or any kind of property that anybody buys expecting that they can use it as it’s zoned and then they find out they can’t because it has been rezoned. She was talking about the time frame. If it goes on and on, there could be ramifications. City Manager Hooper informed her it is scheduled to come back to Council before the end of May for second reading. Ms. Hill stated it might slow up the development too. Duane McKee , 1812 Needle Palm Drive, commented on the resolution that was approved for the increase of reclaimed water fees pending a trial period. Last month, he would have been charged $80 for his reclaimed water usage. When he received that letter within a week he shut off his water. He had three weeks of usage on that period and they claim he would have been charged $86.27. Those charges are for minimal water during a dry period. He has another property in Ormond where he had a well put in and it costs him approximately $6 or $7 per month for the electricity to water that property. He expressed concern that the Council is going to scare people away and they are going to want to go to wells. He didn’t know what happens when the City gets an accumulation of water they can’t get rid of. Page 11 of 29 Council Regular Meeting March 20, 2006 Mayor Thomas stated he has been getting a lot of calls, letter and e-mails. He asked City Manager Hooper to explain why it is costing so much now compared to when it was originally available. City Manager Hooper commented on the issue being to get rid of the effluent from the Wastewater Treatment Plant. It had to come out of the river so the City approached the residents of Florida Shores with 2,000 or 3,000 people signing up initially. He believed it was a flat fee of $5. Then it became $10 when the City made some improvements some time ago. Those improvements have always been short and we have never gone through a dry period without having major complaints of lack of pressure and lack of water. The Water Management District is strongly encouraging that they spread the resource. Their goal would be to have every house use no more than 15,000 gallons. They have structured a rate system that is built around 15,000 gallons of consumption, which would be around $10 or $15 per month. They have recently put meters in. Their efforts were three months of wet season and three months of dry season to try to get an average of what it was going to be and then bring that back to Council to let them know if they have the right rate or the wrong rate. At this point, it is more or less the testing and calibration. They have some users that have $80 bills and they have some users that have $3 or $4 bills. This is an education of just how much you use. Mayor Thomas asked if St. Johns mandated this to us. City Manager Hooper informed him it is not a mandate. It’s going to be a mandate in the future with our consumptive use permit. They have encouraged that 15,000 gallons per household is an appropriate number to use for irrigation. He mentioned the City is about to receive its use permit and it may have a condition that does mandate that. Mayor Thomas commented on the City having the more you use the more you pay to try to cut the water consumption down. City Manager Hooper informed him the more you use the higher the rate per gallon goes. City Manager Hooper explained in the new consumptive use permit that he is expecting in June, there will be a requirement for inclined water rates for metered reclaimed rates and then inclined reclaimed rates. Page 12 of 29 Council Regular Meeting March 20, 2006 Mayor Thomas stated water is a very important thing and is going to be more important in the future. They have been asked for other avenues other than our well system to get water. City Manager Hooper informed him that is the purpose of WAV. To look at St. Johns River or brackish water as two new water supply sources. Mayor Thomas stated what they are trying to do instead of everybody having a beautiful lawn, they are trying to make leaf gardens and palmetto patches so we don’t consume the water just to water our yards. Councilwoman Lichter stated what they thought was something we had to throw away or had extra has become a gem. One way to postpone that we are going to need, very expensive plants, wells and five other things to eventually, in ten to fifteen years, to meet the water supply, is strong conservation measures. She mentioned Deborah Green working with the builders and developers so they aren’t putting in the grass that requires a lot of water. She commented on zones being regulated so they all don’t need the same amount of water. She spoke of people that have wells being mandated by the County of watering only two times a week. She also mentioned turning off her water during the rainy season. She doesn’t ever water one zone for more than thirty minutes and her grass is green. What we were giving away has become something that St. Johns is almost using a little bit as leverage of how you charge for your regular water and how this commodity is being used. She mentioned numerous projects in the works with developers and St. John’s gives your brownie points if you are complying. Ray Anderson , 1906 S. Riverside Drive, stated he just got done building a new home and he worked very closely with the permitting department, water department, inspectors and he was required by law to produce three water retention ponds because of the shape of the yard. He mentioned eliminating 3,000 feet of sod by using crushed stone. He also used it in his driveway system. There are other ways of conserving. He mentioned putting down Bahia grass instead of Floratam. He informed the Council they are more than welcome to come and look at it as an idea. Councilwoman Lichter stated the type of plants you plant make a difference. There are water less plants. Page 13 of 29 Council Regular Meeting March 20, 2006 Randy Alridge , Needle Palm Drive, stated when they signed on initially for the reclaimed water it was $200 and it was presented as seven days a week twenty-four hours a day unlimited water use. He has spoken to many people that have told him the same water reiterated to them. He understands times change and he understands conservation but just doing some simple math, watering twice a week at a half inch, which is what they recommend, using the City’s scale, you are going to use somewhere around 25,000 gallons, which will cost about $60 per month. He finds this out of kilter and feels they need to reconsider the pricing tier. He understands the City wants people to use water more reasonably but he thinks they need to do it in a way that doesn’t penalize people that have hooked up to the system and are trying to keep a yard nice. He feels the pricing tier is a little unreasonable. City Manager Hooper explained when the reclaimed water was put in, we did not have meters and they assumed how much was being used just by 3,000 customers using a million and a half gallons. All indications are they will be coming back to Council with something that is less than that based on this trial period and that is the purpose of it. There was a ten-minute recess at this time. The meeting recessed at 8:00 p.m. and reconvened at 8:13 p.m. 6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearing, Joseph Alison requesting preliminary plat approval for a 30-unit subdivision known as Alison Estates (formerly Nocatee) City Manager Hooper made a staff presentation. Councilman Vincenzi remembered this when it came through a while back. He remembered talking about 75-foot lots but didn’t remember them talking about duplexes. He questioned if the intent was to put in 15 duplexes with thirty dwelling units and will be eventually medium density. City Manager Hooper informed him it is medium density. It is an R-4 type zoning. When Council saw it last, it was single family. Now the proposal is to do duplexes. Page 14 of 29 Council Regular Meeting March 20, 2006 Councilman Vincenzi asked why the change in plans. City Manager Hooper informed him a new owner. The previous owner decided not to build what he had sought for approval. Councilman Vincenzi asked what stage of the process this is in. City Manager Hooper informed him this is in preliminary plat. From here they go to construction plans. Then they would be entitled to completion of construction plans and plat the subdivision and then be able to draw building permits. This has proper zoning and proper land use. Once this is done, it enables them to start with the construction drawings and final engineering. Councilwoman Rhodes asked if the duplexes would be for sale. She was informed yes. City Attorney Rosenthal informed Mayor Thomas if they were going to have public comment, he should open the public hearing. Mayor Thomas stated they would limit it to Council comments. City Attorney Rosenthal informed Council they could talk during the public hearing. He recommended if they were going to have members of the public speak as well as the applicant that that should be part of the public hearing. Councilwoman Rhodes asked City Manager Hooper if this was going to be on the order as Shangri-La. City Manager Hooper informed her yes. Councilwoman Rhodes didn’t have a problem with this and felt it fit in with the area well. City Manager Hooper commented on there being no complaints at the Planning & Zoning Board level. Councilwoman Lichter felt this is a win-win situation. She feels this serves the added purpose of affordable housing. She feels it is a good plan. Mayor Thomas didn’t remember this. City Manager Hooper informed him it was before his time on the Council. There was a brief discussion regarding this being compatible with the surrounding area. Page 15 of 29 Council Regular Meeting March 20, 2006 Councilwoman Rogers asked what the asking price is for one of the duplex units since it is coming into the City and they are talking about it being affordable. City Manager Hooper didn’t know. Councilwoman Rogers stated if it is in fact affordable housing, is the developer receiving any kind of grants or will there be grants funds available for people wanting to purchase this. City Manager Hooper stated not as far as he knows unless they have worked with one of the Federal or County agencies. Mayor Thomas opened the public hearing. Daniel Johns, Project Engineer, 5889 S Williamson Blvd, Port Orange, agreed to answer any questions. Councilman Vincenzi asked what the asking price is for a unit. Mr. Johns informed him the developer told him it would be in the range for $180,000. Councilman Vincenzi questioned for one side of a duplex. Mr. Johns informed him yes. Councilwoman Rhodes stated that’s not all that affordable. Councilman Vincenzi asked if they have been designed yet and how big they would be. Mr. Johns stated he has several models he plans on marketing. The smallest is 1200 to 1400 square feet. The lots out there, the minimize size is 75 X 115, which is a little more than 8600 square feet. There are a few lots in there that are as big as 15,000 square feet because of the lay of the land. The average size is probably somewhere in the neighborhood of 10,000 square feet. Councilwoman Rogers asked if there are grants available for people. Mr. Johns stated his limit with the work has been for the design of the subdivision but speaking to the developer he didn’t believe he had applied for any types of grants. The following citizens spoke: Dot Carlson , 1714 Edgewater Drive, she asked if there is a conservation overlay. City Manager Hooper informed her there was not. Conservation overlay would be if there is flood plain or wetlands and there isn’t. Ms. Carlson asked Page 16 of 29 Council Regular Meeting March 20, 2006 about a species survey. City Manager Hooper informed her there has been one done. They are showing no threatened or endangered species. Pat Card , 3019 Willow Oak Drive, asked if any of the Council have visited the area and if they were familiar with the area. He feels anything new is going to be an improvement back there. He suggested Councilwoman Rogers might want to take a look back there since this is in her district. He mentioned there not being much back there except the FEC railroad and a really not highly desirable area to live in. Anything they put back there is going to be an improvement. Mayor Thomas closed the public hearing and entertained a motion. Councilwoman Lichter moved to approve the preliminary plat for the 20-unit subdivision known as Alison Estates, second by Councilwoman Rogers. The MOTION CARRIED 5-0. st B. 1 Reading, Ord. No. 2006-O-06, Anthony and Melissa Lancellotta requesting annexation of .9+ acres of property located at 2923 Oak Trail City Attorney Rosenthal read Ord. 2006-O-06 into the record. City Manager Hooper made a staff presentation. Councilman Vincenzi asked if the access was off of Oak Trail. City Manager Hooper informed him yes. Councilman Vincenzi asked if it was there yet. Development Services Director Darren Lear stated it isn’t showing but there is a platted right-of-way to the north that accesses the existing house they have now. Councilwoman Rhodes, Councilwoman Lichter and Councilwoman Rogers had no problem with this. Due to there being no comments, Mayor Thomas opened and closed the public hearing. Councilwoman Rogers moved to approve Ord. 2006-O-06, Anthony and Melissa Lancellotta requesting annexation of Page 17 of 29 Council Regular Meeting March 20, 2006 .9+ acres of property located at 2923 Oak Trail, second by Councilwoman Rhodes . The MOTION CARRIED 5-0 . st C. Continuance of 1 Reading, Ord. No. 2006-O-01, Scott Tobin, applicant for Mid Florida Investments, LLC, (River Oaks) requesting an amendment to the Official Zoning Map to include 30.01+ acres of land located east of US1 and north of Jones Fish Camp Road and approval of the associated RPUD Agreement (cont. from 2/13/06, Item 9A) City Attorney Rosenthal stated he believed City Manager Hooper passed out a letter that Mary Solik sent to Judy Lane today. They have agreed to the continuation to May 1, 2006. He recommended they move to continue the consideration of Ord. 2006-O-01 to the May 1, 2006 Council Meeting at 7:00 p.m. or as soon thereafter as practical for the first reading consideration of Ord. 2006-O-01 and consideration of the associated RPUD agreement. Mayor Thomas asked City Attorney Rosenthal to explain what it was for the people that did not have an agenda, which he did at this time. City Attorney Rosenthal stated they have agreed with the developer’s lawyer that there wouldn’t be any discussion of this matter at the Council Meeting tonight so their recommendation is to continue and they have stipulated to their legal counsel that that is what the City will do tonight and that they won’t discuss it. Mayor Thomas entertained a motion to continue. Councilwoman Lichter moved to continue Ord. 2006-O-01 to May 1, 2006 to be held at 7:00 p.m. for first reading consideration of the ordinance and consideration of the associated RPUD agreement be discussed at that time, second by Councilwoman Rogers . The MOTION CARRIED 5-0 . st D. 1 Reading, Ord. No. 2006-O-07, establishing user fees to non-residents for public safety services for motor vehicle accidents Page 18 of 29 Council Regular Meeting March 20, 2006 City Attorney Rosenthal read Ord. 2006-O-07 into the record. City Manager Hooper made a staff presentation. Councilman Vincenzi stated he isn’t necessarily against this but since they discussed it last, he had some concerns. He asked if Edgewater would be the first city in Volusia County to do something like this. City Manager Hooper stated to his knowledge, we would be the first city in Volusia County. Councilman Vincenzi asked how many other cities in the State of Florida do this. City Manager Hooper stated he knew Winter Park does. Both Chiefs have done some other research of other cities. He believed the League of Cities identified eight to ten cities and he thought there was a number very close that are at this same stage. Fire Chief Barlow mentioned a few other cities. Councilman Vincenzi questioned whether they would try to collect the money from the non-resident or the insurance company. City Manager Hooper informed him the insurance company. He further commented on the process. He spoke of this being a proprietary fund that would be tracked and go back to the Police and Fire Departments and not get involved in the rest of the balance of the General Fund. Councilman Vincenzi asked what would happen if the insurance company didn’t want to go along with it. He didn’t know if this was something legal. It certainly isn’t something typical that is occurring today. Some cities are doing it. Most are not. Some are thinking about doing it. City Manager Hooper commented on his discussion with the City Manager of the City of Winter Park. The insurance companies are going along with it and somewhat encouraging it. It enables them to help recover their cost and gets them involved. Councilman Vincenzi stated for the sake of discussion, what would happen if an insurance company did not want to pay? City Manager Hooper stated they would probably send a second or third letter but he doubted if the volume would be big enough to challenge or go for a lawsuit over. Councilman Vincenzi expressed concern with Edgewater doing it for non-residents and then we go to New Smyrna and we have an accident in New Smyrna then we are at fault and Page 19 of 29 Council Regular Meeting March 20, 2006 they would do the same. He feels it would be a big mess and create a lot of problems for people. Councilman Vincenzi asked for some statistics based on previous years to try and get a better idea of how much would be potentially recovered. He suggested they go back to 2004 and 2005 and how many accidents were actually at fault out of town people and how much the cost was. He again asked for accurate figures for the last year or two. Councilwoman Rhodes feels at some point this is going to be a wash. You will either pay for through your insurance premiums or through your taxes. One way or the other you are going to pay. She doesn’t have a problem with trying this and seeing how it works out. If we don’t realize any benefits from it, then they would pass an ordinance to rescind it. It should definitely be on a trial basis. City Manager Hooper stated they talked about having it sunset after a period of time. City Attorney Rosenthal stated the effective date is it automatically sunsets in eighteen months. Councilwoman Lichter stated she got a call from County Councilman Jack Hayman who was rather opposed to this. He informed her if they pass this, he would be at the next meeting. She will probably be voting yes tonight but if County Councilman Hayman is really persuasive she might change her mind. He suggested to her that they go through the budget process first. He was afraid it might take away money from the budget that the Fire and Police need. She thought of it in terms of adding extra. He was a little worried about first response. She spoke of circumstances mentioned by County Councilman Hayman that may involve the County or New Smyrna personnel and how that would be straightened out. He also mentioned the fact of the company taking charge and collecting the money and how much do they actually get. She doesn’t mind giving this a try but she would be open to change her mind if things happened before they hear it for the second time. City Manager Hooper elaborated on closest unit response. He thought County Councilman Hayman was concerned if Edgewater went into the County would we charge this. The answer is we don’t have the authority to. Closest unit response is separate and different and we have been into Page 20 of 29 Council Regular Meeting March 20, 2006 that agreement for a year or year and a half and working well. Mayor Thomas stated he likes creativity and he likes innovation and he thinks if they don’t do it, other cities will. He would rather be at the front rather than the rear. He has spoken to Fire Chief Barlow and Police Chief Ignasiak and they are both for it. He will be for it. He would like to see a clause in there that they study it for two years. He didn’t feel one year would be fair. Councilwoman Rogers assumed there would be a separate company taking care of this. She asked what happens when there are funds there that have not yet been expended or are they just planning to charge and then do a reimbursement back to the fund. City Manager Hooper explained these dollars would come into an enterprise or separate fund and sit there. He felt as they go through the budget process, one of the things they will be asking the Council to direct is how those dollars are spent. They don’t want it to go into recurring costs. He spoke of the Fire and Police budgets staying in tact and this will give additional services, additional equipment or additional training so it is over and above. Councilwoman Rogers clarified it was money coming in to replace what we have had to incur because of these accidents being caused by outside city residents. City Manager Hooper stated it is expenditures we did for time or for the vehicle that was rolling. It is a reimbursement for that. Councilwoman Rogers stated she also received a phone call from County Councilman Hayman. Something he said that concerns him is there is an agreement between the City and Volusia County. Councilwoman Lichter informed her that was Closest Unit Response. Councilwoman Rogers stated he was calling it interlocal. City Manager Hooper commented on the Closest Unit Response agreement with the County. He further explained this has nothing to do with at fault. That is a response issue and is not connected to this. Councilwoman Rogers recommended they continue this to the next Council meeting so they can get more information. She is curious to find out why he keeps hitting upon this agreement. He did not mention First Response or anything Page 21 of 29 Council Regular Meeting March 20, 2006 to her and kept talking about two different agreements. She wants to make sure they are doing this right. She doesn’t want to put it out there as a test run and then change their minds. She wants to do it right the first time and not do a test run. City Manager Hooper informed her they could continue this and discuss this later or approve this and go to a second reading and they can invite Mr. Hayman to be here. Councilman Vincenzi stated he wouldn’t mind hearing what County Councilman Hayman has to say. He is usually pretty persuasive and usually has good reasons for objecting to something. Continuing it would be fine with him. City Manager Hooper stated they would notice him of the second reading and invite him to attend. Mayor Thomas opened the public hearing. The following citizens spoke: Doris Hill , New Smyrna Beach, stated she is eighty years old and has never had an accident. If she gets in an accident that is not her fault, she is supposed to pay for the police. City Manager Hooper informed him only if she was at fault. Ms. Hill felt there would be repercussions. Her big mouth will be going very loudly in the City of New Smyrna Beach. Mayor Thomas closed the public hearing and entertained a motion. Councilman Vincenzi moved to continue the first reading of Ord. 2006-O-07 until further input, in particular from our County Council representative, second by Councilwoman Rogers . City Manager Hooper informed the Council they needed to continue to a date certain. Councilman Vincenzi suggested somebody else continue it rd because he wouldn’t be at the meeting on April 3unless th they wanted to wait until April 17. Councilwoman Rhodes th felt they had a lot on their plate on April 17. Councilman Vincenzi stated if someone wanted to continue it Page 22 of 29 Council Regular Meeting March 20, 2006 rd until April 3 that was fine but he wasn’t going to be here. rd Councilwoman Rogers moved to continue it until April 3, second by Councilwoman Lichter . The MOTION CARRIED 5-0 . 7. BOARD APPOINTMENTS A. Economic Development Board 1) Nomination by Councilwoman Rhodes to fill the remaining term of Daniel Young due to his resignation Councilwoman Rhodes nominated Bob Williams. Councilwoman Rogers moved to approve the appointment of Bob Williams to the Economic Development Board, second by Councilman Vincenzi . The MOTION CARRIED 5-0 . 2) Nomination by Councilwoman Lichter to fill the expired term of Tom Hamall who did not seek reappointment Councilwoman Lichter nominated Jerry Anderson. She commented on the Economic Development Board lacking a woman’s touch. She hopes to find someone from the health field that has the female gender. Councilwoman Rhodes moved to approve the appointment of Jerry Anderson to the Economic Development Board, second by Councilwoman Rogers . The MOTION CARRIED 5-0 . 8. CONSENT AGENDA A.Law Enforcement Trust Funds – staff recommending approval to use “Trust Funds” in the amount of $2,780 to send two (2) officers to the Florida Department of Law Enforcement (FDLE) D.A.R.E. training school Page 23 of 29 Council Regular Meeting March 20, 2006 B.Chemical Purchase – staff recommending approval to “piggyback” on the Palm Beach County Sodium Hypochlorite for the liquid bleach at a cost of $.664/gallon (for full truckloads of 4,600 gallons) with Allied Universal Corporation and authorize the Mayor or City Manager to execute the contract C.Family Fall Festival with Big O Amusements – staff recommending authorizing Festival to be held at Whistle Stop Park on October 20-22, 2006, hiring Big O Amusements to run the event and authorizing the Mayor or City Manager to execute the Agreement Mayor Thomas asked City Manager Hooper who he wanted to explain this. City Manager Hooper informed him it is mostly if they have questions. Being consent, they are routine. He agreed to explain if the Council wanted him to but informed them they are self-explanatory. Mayor Thomas asked Chief Ignasiak his reason for having two officers instead of one. Police Chief Ignasiak elaborated on why they need another DARE officer. He mentioned these officers being on opposing shifts. They will always have a trained DARE officer who can supplement Officer Mumpower in those schools to keep those programs running consistently. Mayor Thomas asked if we are getting some type of funds when we are gong outside the City limits. Chief Ignasiak stated this was a request from New Smyrna Beach because Randy is the only GREAT trained officer in Southeast Volusia County. He mentioned the children in Edgewater going to New Smyrna. Mayor Thomas asked about Oak Hill. Chief Ignasiak informed him Oak Hill is more or less a moral obligation. We are not being reimbursed and are doing it out of the kindness of our hearts. Councilwoman Lichter mentioned Officer Mumpower being on the Drug Free Youth Group with her. That group serves the three communities. She mentioned Drug Free Youth always looking for worthwhile projects to add some money to. She mentioned giving scholarships and other things Drug Free Youth does. Chief Ignasiak stated that group has paid for all the materials and items necessary to run the DARE program at all three elementary schools. Page 24 of 29 Council Regular Meeting March 20, 2006 City Manager Hooper made a presentation regarding the Chemical Purchase. Leisure Services Director Jack Corder made a presentation regarding the Family Fall Festival with Big O Amusements. Mayor Thomas mentioned getting a percentage of the proceeds. Mr. Corder informed him 15%. Mayor Thomas reported he spoke to Christi Moeller who is very excited. He mentioned the safety of the rides. Mr. Corder informed him it is state mandated that these amusement companies have to be inspected every time they set up. They received a recommendation from the City of Minneola. Councilman Vincenzi asked what the 15% of the proceeds would be used for. Mr. Corder informed him they would like it to go into a special fund to use it for other events in the future and advertising for those events. Councilman Vincenzi asked if it is going to say that somewhere. He wants to make sure they don’t get blended in with other funds and disappear. Mr. Corder agreed to make sure it goes into a special fund. Councilwoman Lichter asked if there would be adequate parking at Whistle Stop Park. Mr. Corder informed her one reason for holding it at Whistle Stop was so a lot of people could walk. He spoke of also having quite a bit of parking at Whistle Stop and they are also going to contact Indian River Elementary to see if we can use their parking lot. Councilwoman Rhodes moved to approve the Consent Agenda, second by Councilman Vincenzi . The MOTION CARRIED 5-0 . 9. OTHER BUSINESS A.Foreclosure Proceedings – staff recommending authorization for the City Manager to begin foreclosure proceedings on the property located at 2811 Royal Palm Drive City Manager Hooper made a staff presentation and presented a history of his property. He recommended Council authorize foreclosure subject to if that closing occurs then they back out of it. The new owner has agreed to make Page 25 of 29 Council Regular Meeting March 20, 2006 improvements to it. If it does not close, then they will start the foreclosure process. It is the recommendation of staff and the Code Enforcement Board that they pursue. They have had numerous complaints from residents that live next to this. Councilwoman Lichter asked if this was the case where the son is there sporadically and the mother doesn’t live there at all. City Manager Hooper explained he doesn’t think he resides there. He thinks he is there off and on and makes some improvements. Councilwoman Rhodes asked who lives in or drives the RV. City Manager Hooper stated it has not moved. Councilwoman Rhodes stated this is not their primary residence because it is not homesteaded. They have another place somewhere else. City Manager Hooper explained what was described at various times in the past was that the father was deceased but that has turned out not to be accurate. Councilwoman Rhodes asked how the City could foreclose on it. City Manager Hooper explained the City has an outstanding lien amount of about $40,000 so the City can petition and have the foreclosure process started. City Manager Hooper stated in the past they have avoided it because of the homestead and because we were in such an inferior position in the lien. Councilwoman Rhodes asked Fire Chief Barlow if he had met the woman. The letter in the packet from the woman makes it sound like she is on her deathbed and living on $400 per month. Fire Chief Barlow confirmed they were able to locate the mother and father who are alive and well and the letter is not from the mother. Councilman Vincenzi asked who lives there. Fire Chief Barlow informed him nobody lives there. The house is in such disarray that you can physically see outside. It is in such disrepair and has accumulated so much garbage around and inside the house that you could not live in it in today’s condition. Councilman Vincenzi asked where the parents live. Fire Chief Barlow informed him they live in a community called Pontra Vetra, just south of Jacksonville. Page 26 of 29 Council Regular Meeting March 20, 2006 Councilwoman Rogers commented on the closing occurring on Friday. If the closing does occur, what is the position of the City? City Manager Hooper informed her the City would get reimbursed the amount of the fine. Councilwoman Rogers asked if they are aware if their insurance company has given these people any money towards the repairs that are needed. Councilwoman Rhodes pointed out in the letter it states their insurance was cancelled. Fire Chief Barlow stated the title search did not disclose any liens by any insurance companies. Councilwoman Rhodes asked if this closing did go through, could they lower the lien. City Manager Hooper informed her they could. The Council has the authority to do that, not the Code Board. Councilwoman Rhodes felt this would be an incentive. The best thing is for somebody to buy this and clean it up. City Manager Hooper stated they have talked to the current owners and they understand going to closing that the $40,000 in this lien would be paid and he didn’t think they were objecting to that. Fire Chief Barlow stated both the proposed buyer and seller is completely aware of the lien and that has been negotiated within the sales contract that the City will assume all of those liens and they are totally comfortable with that. Councilwoman Rogers asked if this was brought before the previous Council. City Manager Hooper informed her no. Fire Chief Barlow commented on being successful. They have had several rather old cases and they have been very successful to motivate either improvements and/or sale of these properties to responsible property owners. City Manager Hooper commented on Code Enforcement being stronger with their enforcement and levying fines. The Code Board has been doing a good job on the City’s behalf of levying fines and encouraging strongly by discipline of those financial penalties and it’s working. Councilwoman Rogers feels they need to support the Code Enforcement Board. Councilwoman Lichter stated she has heard three times over that the property was going to be sold so she isn’t holding her breath. She feels they should go along with the recommendation. Page 27 of 29 Council Regular Meeting March 20, 2006 Councilwoman Rhodes made a motion if there is no closing on Friday that the City foreclose on this property, second by Councilwoman Rogers . The MOTION CARRIED 5-0 . 10. OFFICER REPORTS A. City Clerk Deputy City Clerk Bloomer had nothing at this time. B. City Attorney City Attorney Rosenthal reported that in connection with the River Oaks case and the surp petition filed by A.H. Edgewater they are going to want to have another closed session with them. They will coordinate through City Manager Hooper on the Councils’ schedules and figure out a time that works for everyone. They have had some ongoing discussions and in order to move forward they feel they need to talk again in a closed session. Councilman Vincenzi asked if it would be sometime before st May 1. City Attorney Rosenthal informed him it would be th before April 24, which is when the next hearing is set. Councilman Vincenzi asked if this was scheduled to be re- st heard on May 1? City Attorney Rosenthal informed him yes. th, The hearing on the motion to dismiss is on April 24which st could impact one way or another other the May 1 hearing. C. City Manager Hooper City Manager Hooper wanted to make sure the Council had the flow chart describing the time period you’re going to see the Land Development Code and Comp Plan process go through. It will be in front of Council in the very near future. City Manager Hooper stated the Council has made several requests tonight. The listing of fifty-foot lots is going to take a little bit of time. 11. CITIZEN COMMENTS/CORRESPONDENCE The following citizen spoke: Page 28 of 29 Council Regular Meeting March 20, 2006 Dave Ross , 2803 Needle Palm Drive, stated in the event it might ever occur, it would seem to him that any PUD would require that it be changed before they would approve any plats or any documentation that differed from the PUD. Apparently this hasn’t been the case. They have allowed plats and approved plats that were different than the PUD and it seems to him the PUD should be the Bible. If there is a need to change a plat or any document, before they approve it, they need to change the PUD. City Manager Hooper stated he didn’t know of any cases where they have had that. Where there has been a plat that has changed. City Attorney Rosenthal stated if he was referring to Coral Trace, they are currently in the process of still gathering and reviewing materials with respect to that prior to it coming back. Mr. Ross stated the PUD said 200 units, the plat said 220 units. There was a difference. Why didn’t the PUD get changed then? It seems the PUD should conform to everything it follows. City Attorney Rosenthal stated the Council hasn’t taken action on that and they are going to be providing a legal opinion. 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 9:18 p.m. Minutes submitted by: Lisa Bloomer Page 29 of 29 Council Regular Meeting March 20, 2006