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07-15-2002 - Regular u u CITY COUNCIL OF EDGEWATER REGULAR MEETING JULY 15, 2002 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Schmidt called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Donald Schmidt Councilman James Brown Councilman Dennis Vincenzi Councilwoman Harriet Rhodes Councilwoman Judith Lichter City Manager Kenneth Hooper City Clerk Susan Wadsworth Legal Assistant Robin Matusick Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. APPROVAL OF MINUTES A. Reoular Meetino of June 24, 2002 Councilwoman Rhodes moved to approve the June 24, 2002 minutes, second by Councilwoman Lichter. The motion CARRIED 5-0. B. Special Meetino of Julv 8, 2002 Councilman Brown moved to approve the July 8, 2002 minutes, second by Councilwoman Rhodes. The motion CARRIED 5-0. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A. Recoonition of appointed/reappointed Board and Committee members Joe Martin was recognized as being appointed to the Economic Development Board. B. Presentation of Edoewater Business CD bv Steve Dennis, Executive Director, Southeast Volusia Chamber of Commerce Steve Dennis commented on the Edgewater Business Card CD project. He passed CDs out to the Council. This is the beginning of a process and not the final project. The disk covers Economic Development as well as medical information, relocation information, arts and culture, religious organizations, tourism information, and community profiles. He gave the City 500 CDs. The Chamber has a large supply of them available. Mayor Schmidt stated over the next several months they hopefully want to make big major changes that may effect some information. What is the turn around time if they were to make major updates. Mr. Dennis stated the turn around time, now that they have built the disk, would be fairly short. u u C. Presentation bv Pet Societv Inc Karen Mason, 1847 Coco Palm Drive, member of Board for Pet Society Inc., made a presentation regarding the Pet Society's dedication to the welfare of homeless and unwanted cats and dogs. She further commented on their proposed program. She commented on the needs of Edgewater in 2001 based on the statistics of cats and dogs collected by Animal Control. Of the 912 animals collected by Edgewater, 97 would have been returned to their owner, 138 would have been adopted, 677 were euthanized. Of the 677 animals euthanized, 89% of cats, 85% of kittens, 55% of dogs and 59% of puppies. They proposed the City lease 2 to 4 acres of land to the non-profit Pet Society Inc. which would allow them to immediately begin fundraising and applying for various grants that will further their programs. The construction of this facility is estimated to cost $350,000. Raising these funds could take the Society two years. If the City joins in half or more of the construction costs, it is possible to accomplish this goal in much less time. They would like to enter into a contract with the City to provide shelter and care for cats and dogs as well as staffing the facility and instituting the programs. She commented on why she feels Edgewater needs its own facility. Councilman Brown asked how close they are to having a temporary shelter on Park Avenue. City Manager Hooper stated it is moving along. It is probably two weeks from getting that old sewer plant, the package plant off of the slab and something put out there. City Manager Hooper explained what they are planning is very temporary. It is a holding pen facility that doesn't have adopting contemplated out of that. They would do the five day hold and try to find the owner of the pet and return it. If that can't happen after five days, they become the property of the City and the City is sending them to Seminole County or another non-profit group. That is occurring right now. City Manager Hooper further commented on what the Pet Society is proposing. City Manager Hooper stated the first step is to find out if this is something the Council is interested in. From a staff perspective, he feels it is an attractive answer. Councilman Brown asked if they are wanting the City to donate the property where the temporary facility will be. City Manager Hooper stated he thinks that is acceptable. He thinks they are after the City to say what it could offer. Mr. Wadsworth is looking at that particular site versus other sites. If Council is interested in participating and to help facilitate that, they will bring a list and a map with four or five acceptable locations. He spoke about the property the City owns out by I- 95. Councilman Brown commended the Pet Society for stepping forward. They have his support. Mayor Schmidt asked if anyone in the audience had any questions or comments. NoraJane Gillespie, 1719 Willow Oak Drive, stated she was the first deputized unpaid dog catcher for the City of Edgewater 38 years ago. She was on the Board that built the Glencoe Center which was to serve Southeast Volusia. She served on the Board for seven years. Page -2- Council Regular Meeting July 15, 2002 u Q Ms. Gillespie feels it outgrew itself back in 1971. She spoke about their being ways to raise funds. She would like to see Edgewater have its own shelter. Noritta Harris, 2425 Orange Tree Drive, stated she doesn't feel at the present time that Edgewater needs to get into anything else. She feels Edgewater doesn't have the money. Councilman Vincenzi feels if it is done, it has to be done through fundraisers. Ms. Harris spoke about the people being aggravated and discouraged about the taxes going up, they aren't going to go for this. She feels a lot of animals can be taken to Seminole County for this kind of money. Councilwoman Lichter spoke about the educational aspect of this. She feels there is this type of need also in terms of education for children and their families, which is just one of the answers to this overpopulation of animals. Because it is an educational facility, there are grants out there. City Manager Hooper pointed out that Councilwoman Lichter is a member of that non-profit group. She has a letter, when it is time to vote, from the City Attorney. City Manager Hooper stated he thinks the Pet Society is asking if the Council is interested in helping by finding a two to four acre site. He has offered, if the Council is interested, sponsoring some of the grant writership. If Council wants to direct that, he can place it on the agenda for Council to vote on it next time. Councilman Vincenzi feels they could start the process but it has to be clear that this is not a money exchange type of thing. This is beginning the search to look for land and see what we can do. It was the consensus of Council to place this on the agenda. He suggested a long term lease instead of donating or giving property that they lease it. CITIZEN COMMENTS Ray Donofrio, 2213 Pine Tree Drive, stated he had some questions and the newspaper isn't quite clear on the proposed 18% to 21% tax increase. It says it is because the City has an 8% loss in funds. He doesn't understand what is happening. He spoke about houses coming in but the taxes won't hit immediately. He asked how long it takes to get the tax money from these houses on the tax rolls. City Manager Hooper spoke about pension funds for the employees. When we invest in those pension funds, if those numbers come back less than the 18% it falls on the City to make up the difference. He further commented on the City's contribution. Mr. Donofrio asked if the stock market goes up, does the City get a check back. City Manager Hooper explained when it goes up dramatically that is part of what the Council has said they would like to look at is revenue changes year to year. Page -3- Council Regular Meeting July 15, 2002 u o city Manager Hooper stated it usually takes an eighteen month time period from when somebody builds something, rezones or does a major improvement to a property, for it to go on the tax roll because tax rolls are changed once a year. He spoke about the City going through a building boom. Councilwoman Lichter stated they are setting the highest possible millage rate tonight. That can by September 15th can go down if that marked improvements happens in the stock market. Dominic Capria, 606 Topside Circle, stated several months ago the City has an audit done and it showed what wonderful shape the City is in. The Mayor said at the time this is great and maybe they would be able to reduce the millage rate. Now all of a sudden we are in trouble. The audit produced a $348,000 under budget. Now all of a sudden we are $400,000 under deficit. He asked how much of $400,000 is involved in the pension fund. Councilwoman Rhodes stated the City didn't really have $348,000 because that had to go into the reserve fund to bring it where it is supposed to be by Charter. City Manager Hooper explained what the auditors told them was they had a savings of $348,000 in expenditures. That means nothing if you don't have the revenue. Mr. Capria asked how much of the $400,000 deficit is because of the pension fund. City Manager Hooper didn't know tonight but agreed to get Mr. Capria an answer. He agreed to get him a full printout of the budget. City Manager Hooper agreed to contact him to let him know when he can pick it up. Councilwoman Lichter stated when the auditors gave us those figures did they have the total number of seniors that got added to our list for the tax deduction. City Manager Hooper explained the auditors talking to Council were talking September 30, 2001. They were very clear that the reserves were dwindling and that there were some danger signs but until they do the next audit, they don't have anything they can tell you that is firm and concrete. Mayor Schmidt spoke about the money spent for the new Recreation building and the house located next to the Fire House. That was $500,000 that they didn't allocate. City Manager Hooper explained they will go into more detail at the budget hearings coming up. Doris Hill, 112 Lincoln Road, stated the Council spent too much money. She feels since the Council has been sitting up there, they are very free with the City's money. Edward Keenan, 1905 Pine Tree Drive, asked if there is a possible way the immediate costs could be funded this year by not over funding the increase. He suggested they cut it in half and do half this year and half next year. He feels they may be able to come out of this without hurting the citizens too much. He spoke about people just being able to hold onto their homes. He urged the Council to go after grant money. CITY COUNCIL REPORTS Councilwoman Lichter feels Edgewater has the best fireworks display in Southeast Volusia. She complimented the firemen and the volunteers. Page -4- Council Regular Meeting July 15, 2002 u o Councilwoman Lichter stated she has been to two Water Alliance meetings since she has seen the Council last. Councilwoman Lichter stated she enjoyed seeing everyone at the YMCA opening. Councilwoman Lichter suggested they have a Memorial Day parade. She doesn't think they can't compete with the bigness of New Smyrna for the 4th of July parade. Councilwoman Lichter spoke about a call she received regarding the Blue Cross/EMS situation at our local hospital. She wondered if they might send letters to the State Senator and the House Representat~ve or whatever action the Council might feel is appropriate. Councilwoman Rhodes agreed. She feels it probably won't help but they should do something. She knows a lot of people that are affected by this and it is making their life miserable. City Manager Hooper agreed to do some research and put together a letter from the Mayor to the appropriate people for the next Council meeting. Councilwoman Lichter feels this is probably a State matter and feels this would be the angle to go. Mayor Schmidt congratulated the Fire Department and everybody involved for a great fireworks display. He spoke about the number of people that attend the fireworks display. He feels it may have been the largest crowd they have ever seen. He hopes this tradition is one that never dies. Mayor Schmidt spoke about the YMCA opening. There were a lot of people and it went off well. He feels the YMCA is a great addition to this area. Mayor Schmidt stated now that they have started closing all of the side streets off of SR 442 except four streets, it is a challenge to drive that road. Hopefully everybody will take their time and he suggested more police presence. He also spoke about using alternate routes. Councilman Brown spoke about the Fishing Tournament that was held on the 4th of July. There were 196 kids fishing. Councilman Brown spoke about the Consolidated Commission meeting he attended for our communications and it is looking like we are getting very close to that being online. Councilman Brown spoke about the YMCA pool and Councilman Vincenzi doing very well on stage. Councilman Vincenzi stated that little bit on stage wasn't by his choice. The opening of the YMCA was very nice. Councilman Vincenzi spoke about phone calls he has received regarding a couple streets in Edgewater that don't have sewers and paving, 15th Street in particular. City Manager Hooper stated there are a couple of areas that were not included in the original assessment. They have had a couple individuals talk to the City that would like to be included in the area for sewer. They sent them a letter informing them they needed to get a petition and they would be offered the same type of assessment program. That letter went out about two weeks ago and they haven't heard back since then. Page -5- Council Regular Meeting July 15, 2002 u o City Manager Hooper informed the Council that Tony Mason was going to go around and get input from the neighbors. Councilman Vincenzi agreed with Mr. Keenan regarding taxes. He doesn't think it should jump up a whole mill and he thinks they could cut some more places. Councilwoman Rhodes stated she receive a compliment from an Edgewater business owner regarding the beautification of the medians. She feels Edgewater is really starting to take on a nice community look. Councilwoman Rhodes stated she has 'received several phone calls commending Mr. Hooper for cutting his own salary 20% as he asked the rest of his department heads to do. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Res. No. 2002-R-13, Luis Geil, authorized aqent for John R. and Euqenia Browninq, requestinq abandonment/vacation of a riqht- of-way beinq 50 feet wide bv approximately 165.54 feet in lenqth known as the 19th Street riqht-of-wav extendinq between the westerly riqht-of-wav line of Hibiscus Drive to the easterly riqht-of-wav line of a 15 foot alleyway. (Continued from June 3, 2002, Item 6C) City Manager Hooper made a staff presentation. Staff's recommending to Planning and Zoning was to deny it because it is part of the stormwater system. It is fairly close to SR 442. The Planning & Zoning Board's recommendation to Council is also for denial. Mayor Schmidt questioned them wanting to use this as a right-of- way and making a road out of it. Mr. Lear explained what they want to do. Councilman Vincenzi asked what the purpose is of doing this. Mr. Lear explained so it is all part of his property once it is abandoned. Councilman Vincenzi feels it is a really bad precedent to start setting. Councilwoman Lichter asked if he has use of that property. She asked whose truck was on the property. Mr. Lear stated he wasn't sure whose truck it is and stated that could be a Code Enforcement issue. He is using it as access to the southern property. Councilman Brown asked if the shell is something the City put in or if that was put in by him. Councilman Vincenzi stated that is an old road. City Manager Hooper stated what has occurred is where there was gravel, the City has not gone in and removed it. He further spoke about the truck on the property. If there isn't a problem or complaint, they are allowed to use that area. Councilwoman Rhodes asked Mr. Browning what they want to do with the land that they can't already do with the land. John Browning, owner, All Storage and Outside Storage, stated he wanted to put an entrance into the Outside Storage off of 19th Street rather than take it off of Hibiscus because it is a nuisance to try and enter into that business off of Hibiscus. He applied for a permit to pave it but then he wasn't sure if he wanted to pave the City's property or not. So he thought about coming to the City and asking them if they would give it to him to pave it. Page -6- Council Regular Meeting July 15, 2002 u u Mr. Browning stated his long range plan is to eliminate outside storage and put buildings in there similar to what he has already. He is trying to enhance this. Councilwoman Rhodes asked if he can make it look better without paving it. Mr. Browning feels it would have to be paved to look better. Mayor Schmidt asked if he would have to pave it to put an entrance down there. City Manager Hooper stated you can't get an entrance onto City property without coming through a process. There was a discussion regarding enhancing the entrance there now and entering the business off of Hibiscus Drive. Councilwoman Lichter does not think they should vacate the property. She feels Mr. Browning could look at other ways of beautifying the area but she doesn't think they should part with the property. Mr. Browning stated it has value to him and the City. Nobody else would be interested in buying it. He would be willing to pay a sum for it but that is up to the City. Mr. Browning spoke about his request being denied because of the water retention. He spoke about a culvert under the road that runs down the north side into the culvert. If he was to pave that he would have the City approve plans to put access into the other property and put the flow of the water through a culvert at that point. He would also give the City the easement for that. Mayor Schmidt asked about the drainage in that area. Mr. Lear stated that this point he doesn't think there is a real problem with drainage but that doesn't mean there won't be in the future with the SR 442 widening. As far as giving us an easement, the question is why would we give an easement to something that we already have anyway. City Manager Hooper spoke about it being part of the network and part of the treatment. He further spoke about isolated pockets of treatment that will do something for you on a ten year storm event. Legal Assistant Matusick read Res. 2002-R-13 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Vincenzi moved to deny Res. 2002-R-13, second by Councilman Brown. The motion CARRIED 3-2. Mayor Schmidt and Councilwoman Rhodes voted NO. B. Res. No. 2002-R-15, Cindy Lovell is requestinq vacation/abandonment of a riqht-of-wav beinq 50 feet wide bv 125+ feet located at 23rd Street between two parcels owned bv applicant. (Pulled from June 24, 2002, Item 6E, at the request of applicant.) This item was withdrawn from the agenda. City Manager Hooper explained this item was asked to be rescheduled twice. He asked for Council's okay to notify the person if they don't show up at the next hearing, they will recommend Council take action and deny that. Page -7- Council Regular Meeting July 15, 2002 u u C. 2nd Readinq, Ord. No. 2002-0-12, Amend Chapter 11 (Occupational Licenses, Taxes and Requlations) of Article I (General) bv amendinq Section 11-7 (Administrative fees; application fees; inspection fees) and Section 11-8 (License Tax Schedule) of the Code of Ordinances City Manager Hooper made a staff presentation. He commented on the fees that have been added. Staff recommends approval. Legal Assistant Matusick read Ord. 2002-0-12 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Vincenzi doesn't agree with this. He doesn't feel it is good for business. Councilwoman Lichter moved to approve Ord. 2002-0-12, second by Councilman Brown. The motion CARRIED 4-1. Councilman Vincenzi voted NO. Res. No. 2002-R-16 - Declarinq a Special Election Mayor Schmidt read Res. 2002-R-16 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Res. 2002-R-16, second by Councilwoman Rhodes. The motion CARRIED 5-0. BOARD APPOINTMENTS A. Planninq and Zoninq Board - Mavor Schmidt's appointment to fill the expired term of Kristine Pluscec. (Continued from June 3, 2002, Item 7B) Mayor Schmidt recommended Kristine Pluscec be reappointed. Councilwoman Rhodes moved to reappoint Kristine Pluscec to the Planning and Zoning Board, second by councilman Brown. The motion CARRIED 5-0. B. Economic Development Board - Councilman Vincenzi's appointment to fill the expired term of Adelaide Carter. She has requested reappointment. (Continued from June 24, 2002, Item 7A2) Councilman Vincenzi moved to reappoint Adelaide Carter, second by Councilwoman Lichter. The motion CARRIED 5-0. CONSENT AGENDA There were no items on the Consent Agenda to be discussed. There was a ten-minute recess at this time. OTHER BUSINESS A. Settinq of Millaqe Rate - staff recommendinq approval to advertise the millaqe for fiscal vear 2003 at 6.95 mills. City Manager Hooper made a staff presentation. This is an authorization to advertise this as the maximum rate the City will be charging and they will be voting to establish the actual millage rate at a first and second public hearing on September 9th and September 16th. Page -8- Council Regular Meeting July 15, 2002 u Q Councilwoman Rhodes stated she also agreed with Mr. Keenan as well. She hopes they can make it happen. Councilman Vincenzi would shoot for a setting of a lower millage rate right now and they would have 100 days to work on cutting some more money out. City Manager Hooper stated the direction from Council has been very clear to leave no stone unturned to find some extra dollars. He is sure they will find some. He thinks to present the opportunity for Council to establish the best for everyone this is asking them to advertise the higher number at this point. They are not committed to that number. He urged the Council to do that. Councilman Vincenzi stated when it is advertised at 6.95 it is probably going to go through. Councilwoman Rhodes disagreed. Councilman Vincenzi bet $100 that it would. Councilwoman Rhodes agreed to bet $100 as well as City Manager Hooper. Councilman Vincenzi then changed his bet to a dinner. Councilwoman Rhodes feels they need to give themselves as much leeway as they need although she doesn't anticipate it being that. She can almost guarantee she wouldn't vote for it to be that unless there was something critical that happened between now and then. Councilwoman Rhodes moved to advertise the millage rate for FY 2003 at 6.95 mills, second by Councilman Brown. The motion CARRIED 4-1. Councilman Vincenzi voted NO. OFFICER REPORTS City Clerk Wadsworth had nothing at this time. Legal Assistant Matusick stated they are going to file a request for a hearing tomorrow on our animal case of the confiscated animals. They want to schedule it in the next week to see if they can resolve that issue. City Manager Hooper stated he would prefer to get back with the Land Development Code Review Committee instead of holding a work session on July 22nd and have a presentation that goes through listing the issue that have been brought up. Code Enforcement Officers have good pictures of here is what the Code says, here is the result of it, and is this what the Committee really intended. He spoke with Pat Card who thought it was a good idea to get the Committee back together and then have a work session with Council that will take them through the same thing. Some of the issues are vehicles without tags, restoration of vehicles/donor vehicles, boats, and canopies. They are trying to set that up in the next week or two with the Committee. Councilwoman Lichter feels the signage issue that the gentleman called everyone about with the tire establishment. Defining a mall or a mart. Maybe they haven't gotten a good definition of what that is. She feels they need a better clarification. She stated the Pelican Cove Shopping Center with individual signs doesn't look like where they want to head. City Manager Hooper stated that is coming back to Council. This Committee never dealt with that and he is trying to take back to them the things they dealt with. Page -9- Council Regular Meeting July 15, 2002 u o Councilwoman Rhodes asked to have Gail Wells invited to that meeting. City Manager Hooper agreed. City Manager Hooper then spoke about the Water Alliance. The Chairman of the Executive Board drafted a letter that went out to the cities that withdrew. He also asked that each of the cities send a letter to the cities that withdrew, DeBary, Deltona and Pierson. In the Council's package is a draft of one letter. It is the same letter that would go to the three. City Manager Hooper stated if Council is okay with it, the Mayor is authorized to sign this letter which encourages those cities to reconsider. There will be a fee associated with this transition. The Alliance is trying to get half the money from the Water Management District and the rest would be divided among the cities based on population. Councilwoman Lichter explained they will also be asking those cities that don't have a vote now to come and join in this process. There are probably between five and seven cities that don't have a vote. Councilwoman Rhodes moved to authorize the Mayor to sign a letter to DeBary, Deltona and Pierson, second by Councilman Brown. The motion CARRIED 5-0. City Manager Hooper then spoke about Waterway Park. The County established an assessment program to put water lines in. Those water lines have been designed and constructed and they start to go online this week. There are letters going out to the residents that they have been cleared. The County will do a final public hearing on the assessment and that is how the money is reimbursed to us that we had the bank loan on. That is out of the Enterprise Fund which does not impact the General Fund. City Manager Hooper stated they will probably be closing on the FIND property before Council meets again. They have the final boundary survey and are getting the final certificate from the surveyor saying that what we signed is an agreement with the purchase is now the same exact property that is in the boundary survey and legal description. City Attorney Cookson is drafting the final closing documents. Mayor Schmidt stated with all the road closings on SR 442, at 22nd and Travelers Palm there is a pothole that is there now that is right in the middle and with adding all the traffic onto 22nd and the other streets, he asked that the roads are looked at often. City Manager Hooper stated they will do that. DOT has assured us they will do their best with the maintenance of traffic. They know it will be a problem and there will probably be some adjustments that will occur as they go through that but they will take an extra look at that. CITIZEN COMMENTS/CORRESPONDENCE Mike Visconti, 316 Pine Breeze Drive, stated in the past he has been criticized about his pet project, the fountain. He voted against relocating the fountain to Menard May Park. He spoke about the land next to Dustin's being acquired. He thought that would be a perfect spot to put the fountain. He spoke about the time and effort that was put into erecting this fountain. He spoke about the time and effort he has put into many projects. He hopes Council will find a place for the fountain in the near future. Page -10- Council Regular Meeting July 15, 2002 Q o Mr. Visconti stated he read in the paper about how many teenagers are being killed on the highway in accidents. There was over 6,000 deaths of teenagers between the ages of 15 and 17. For eight to ten years he has been trying to find a way to increase the driving age to 18 years old. He feels it is a shame nothing is being done about it. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 8:50 p.m. Minutes submitted by: Lisa Bloomer Page -11- Council Regular Meeting July 15, 2002