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08-05-2002 - Regular u u CITY COUNCIL OF EDGEWATER REGULAR MEETING AUGUST 5, 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 Excused INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. APPROVAL OF MINUTES There were no minutes to be approved at this time. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A. Recoonition of appointed/reappointed Board and Committee members Mayor Schmidt recognized Adelaide Carter for being reappointed to the Economic Development Board and Kristine Pluscec for being reappointed to the Planning and Zoning Board. B. Chris Fisher, Commander, American Leoion Post 285, presentino Law Enforcement Officer of the Year award to Sot. David Arcieri Chris Fisher presented Sgt. David Arcieri with the Law Enforcement Officer of the Year award. Police Chief Ignasiak commended Sgt. Arcieri. C. New Smyrna Beach Elk's Lodqe #1557 presentinq plaques to Diana Flovd as Officer of the Quarter and JoAnn Richard as Emplovee of the Quarter Police Chief Ignasiak recognized Diana Floyd as Officer of the Quarter and JoAnn Richard as Employee of the Quarter. He read letters in regard to both employees for their outstanding duties. Larry Skates, NSB Elk's Lodge #1557 presented Ms. Floyd and Ms. Richard with plaques. CITIZEN COMMENTS Tony Mason, 1106 15th Street, stated they have been trying to get the City to take action for ten years on the poorly maintained road on 15th Street that runs between Lime and Juniper. They were promised things and they don't come to pass. He read a u u prepared statement regarding efforts that were made to get the problem taken care of. He then spoke of efforts to reach city Manager Hooper for over two years to no avail. In 1999, he handed the City a petition to pave and do sewer on his road. Mr. Mason stated he calculated that when Florida Shores was paved, each homeowner was assessed $25 per lineal foot of frontage. The calculations for the little bit of road they have requested the city to do would have cost the City back then $31,250. He shows some resentment in the fact this City wants to build a new City Hall, replace garbage trucks and a fleet of trucks for City departments, when the taxpayers of Edgewater have not been taken care of. He demanded the City respond in writing as what they intend to do to resolve this problem. If the City wants to continue to play games with them, they might need to get a game referee in the nature of civil court judge. After ten years of trying to get this City to treat them like the rest of the taxpayers, he is at the end of the rope. They are looking to the City to help them find a solution. City Manager Hooper asked Mr. Mason if the City could get a new petition. Mr. Mason informed City Manager Hooper they are in possession of the original one. He spoke of the time he has spent over the years. City Manager Hooper asked Mr. Mason to review the petition and tell him that most of the folks are still there. Mr. Mason stated two owners have changed but everyone else is still on board. Mr. Mason further commented on the expense to replace a septic tank as opposed to having sewer put in. Councilwoman Rhodes asked why they haven't done anything. City Manager Hooper stated he didn't have a good answer. Mr. Mason spoke about roads that have been repaved since the paving program and they are still being neglected. City Manager Hooper commented on the process they have to go through to get the road paved. Mr. Mason asked what the cost is per lineal foot. City Manager Hooper stated there isn't a fixed. They get a cost estimate for what it takes and then they divide that 1/3, 1/3, 1/3, not necessarily by footage but by lots. Councilwoman Lichter asked if they could piggyback on anything, such as SR 442. City Manager Hooper informed her no. This would be bid as a separate job and it is a fairly small job that will have a high cost. There is a potential that the FIND contractor, since he is under contract with us, could do that. It's about a 45-day time period to get a set of reasonable preliminary plans. He then commented on the permitting process. Mr. Mason stated most of them will accept a reasonable cost allowing for some inflation but if it is has jumped from $25 per foot to $80 per foot they are going to come back and scream again. They were told it was going to be done ten years ago. City Manager Hooper mentioned the cost including paving, sewer and drainage. Mr. Mason spoke about reclaimed water being included when the sewers were put in. Page -2- Council Regular Meeting August 5, 2002 u u City Manager Hooper then spoke about still having a problem with drainage. In that neighborhood, there isn't a simple solution and there is major drainage that needs to be taken into account. Councilwoman Rhodes stated that shouldn't stop the paving of the road. City Manager Hooper explained it can't be permitted if you don't do the drainage. Mayor Schmidt mentioned retention ponds that are nearby. City Manager Hooper explained they are full. Mr. Mason spoke about a massive canal system that hasn't been maintained in years. Mayor Schmidt informed Mr. Mason he and City Manager Hooper drove those roads and they spoke of some possibilities that there may be some right-of-way issues that may come up with how narrow their road is but he doesn't see this as being a problem. Mr. Mason spoke of 15th Street getting narrower. He will do anything in his power to assist the City to assist him. Mayor Schmidt mentioned getting the County to come in at our cost and grading that road. City Manager Hooper stated the next time they are in the district in this area, they are supposed to grade the road. He doesn't have a schedule for that. Mayor Schmidt asked City Manager Hooper to contact the County and see when they might be here. Councilwoman Rhodes stated so by October 1st they should have letters telling them the cost. City Manager Hooper stated that is correct. Chris Cuchetti, 1007 15th Street, thanked Mr. Mason for all the work he has done. He hopes the temporary solution doesn't egg on too long. He doesn't think it would be fair for them to pay much more than the $25 per lineal foot. He stated his septic tank is ready to collapse at any time. Councilwoman Rhodes asked how long it will take to get these people sewer. City Manager Hooper informed her eight months, in between the time it is designed, permitted and a contractor assigned. Mr. Cuchetti asked for this to be done as quickly as possible because he doesn't know if he will make a year with his septic. City Manager Hooper asked Mr. Mason if he knew why it was originally taken out of Florida Shores paving. Mr. Mason stated the first excuse he got was somebody in City Hall said they weren't in Edgewater. The second excuse said they weren't part of Florida Shores. They were either called Edgewater Acres or Edgewater Estates. The original designs that went out to the contractors to bid included their street and some other things. When it was price prohibitive, these were the areas that started getting cut. These are tidbits of information he has gotten that he can't prove. Mr. Cuchetti thanked the Council for listening and he hopes something can be done. Councilman Vincenzi asked why it will take two months for these residents to get letters. City Manager Hooper explained the process they have to go through before the letters can be mailed out identifying a cost estimate. Page -3- Council Regular Meeting \ August 5, 2002 o u Councilman Vincenzi asked if there is anyway to expedite it. It would be nice to get a letter to them within 30 days. City Manager Hooper understands the Council wants this done as soon as possible. If they were originally designed as part of Florida Shores, there may be something already there designed. Councilman Vincenzi asked where the money will come from. City Manager Hooper stated he didn't have an idea tonight. Councilman Vincenzi feels this should be a priority in the budget they are working on now. Mr. Mason stated he really needs the support of the people sitting here to get this done. Michael Day, 1523 Juniper Drive, spoke about having a handicap son that is in a wheelchair and not being able to take him down his road. He feels this is not fair to him. He asked the Council to make this a top priority. CITY COUNCIL REPORTS Mayor Schmidt had nothing at this time. Councilman Brown had nothing at this time. Councilman Vincenzi had nothing at this time. Councilwoman Rhodes had nothing at this time. Councilwoman Lichter spoke about sending a letter from the Mayor to the Volusia Hospital Board as well as Florida Blue Cross EMS. She has not received a copy of this letter. She spoke of some of our residents having to go up to Memorial Hospital to get service. She asked if they have made any progress with that letter. City Manager Hooper stated he doesn't think there has been a draft of it. Councilwoman Lichter would like them to put that on the board. Councilwoman Lichter spoke about an excellent book she got from St. John's regarding Waterwise Plants for Florida. The books were available to the public in the back of the Community Center. Councilwoman Lichter stated she visited Coastal Tire, who is quite concerned his plans won't be passed. She urged the Council to work with Mr. Carwile. What he is planning to put there will be a thousand percent improvement to what is there now. Councilwoman Lichter would like to put the vote for the City to participate in being part of the new entity and the transition from the Water Alliance to the new entity. City Manager Hooper stated they couldn't put that on the agenda until they get the resolution from them. They have drafted one but they don't have a final version to put on the agenda. Councilwoman Lichter stated Larry Skates is also Chairman of the Drug Free Youth. He is a very community conscience individual. Councilwoman Lichter stated she had a Indian River Task Force meeting tomorrow from 2 p.m. to 4 p.m. which she can not attend. She asked for an alternate to go for her. Page -4- Council Regular Meeting August 5, 2002 u u PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearinq, Dominick Caputo, authorized aqent for San Remo of Edqewater, seekinq final plat approval for San Remo Subdivision which provides for 28 sinqle-familv buildinq lots Dominick Caputo, informed Council they are hoping to have their final plat approval tonight so they can continue on and make it an asset for the community. City Manager Hooper made a staff presentation. Staff recommends approval. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve the final plat, second by Councilman Vincenzi. The motion CARRIED 5-0. Mr. Caputo thanked everyone. He individually recognized City Manager Hooper, Chief Planner Darren Lear, Legal Assistant Robin Matusick and Building Official Dennis Fischer. B. Res. No. 2002-R-17, amendinq the schedule of fees to cover the costs of technical and administrative activities required bv the Land Development Code City Manager Hooper made a staff presentation. Chief Planner Lear made a power point presentation regarding the increase of the development fees and the number of applications and revenues that have been processed over the past three years. He then went over the expected revenues if the fees are increased. Councilman Vincenzi asked what the increased fees will cover. Mr. Lear explained they are trying to set it up like an Enterprise Fund where the Planning and Building Departments would fund themselves. City Manager Hooper further commented on a development driven process where the developer would pay for the applications, advertising, and staff time. He further commented on development review engineering fees being passed on to the developer for him to pay to have the review. Councilwoman Lichter feels this is the way to go in the future, to have things pay for themselves by Enterprise funds. Councilman Vincenzi asked if their budget will be pulled out of the works and have them self sufficient. City Manager Hooper stated it will be self sufficient but is still part of the General Fund. Councilman Vincenzi stated he likes the idea but questioned if taxes will go down because these departments are being pulled out. City Manager Hooper stated either. Either taxes won't go up because of having to subsidize it or they will stay the same. Councilwoman Rhodes feels this is a more fair way to do things. Building Official Dennis Fischer stated they are proposing a 30% increase in building permit fees. With the new Florida Building Code and the mandatory inspections they are required to do, they aren't meeting their current expenses and will not be able to meet their current expenses. Page -5- Council Regular Meeting August 5, 2002 u Q Councilwoman Rhodes feels Edgewater needs to charge whatever we need to charge to do the job and it shouldn't matter what any other city charges. City Manager Hooper spoke about being cost competitive. City Manager Hooper proposed to Council that this go into effect October 1st. He mentioned the $500 preliminary plat fee to be added. Mayor Schmidt read Res. 2002-R-17 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Brown moved to approve Res. 2002-R-17 to be effective October 1, 2002 and including the $500 preliminary plat fee, second by Councilwoman Lichter. The motion CARRIED 5-0. C. Res. No. 2002-R-18, acknowledqinq a Chanqe in Control of the Cablevision Franchise due to a recent merqer City Manager Hooper made a staff presentation. Staff recommends approval. Mayor Schmidt read Res. 2002-R-18 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-18, second by Councilwoman Rhodes. The motion CARRIED 5-0. BOARD APPOINTMENTS A. Police Pension Board - Councilman Brown's appointment to fill the expired term of Jon Williams who has requested reappointment Councilman Brown moved to reappoint Jon Williams to the Police Pension Board, second by Councilwoman Rhodes. The motion CARRIED 5-0. CONSENT AGENDA There were no items to be discussed on the Consent Agenda. There was a ten-minute recess at this time. OTHER BUSINESS A. Yard Trash Haulinq and Disposal City Manager Hooper made a staff presentation. Councilman Vincenzi moved for approval to accept Staff's recommendation of Cloer and Sons at $4.00 per cubic yard, second by Councilwoman Rhodes. The motion CARRIED 5-0. B. Animal Shelter Site - staff recommendinq approval of a site for the construction of an Animal Shelter City Manager Hooper made a staff presentation. The first site, according to preference, is the Airpark Road staging area, 2) the Park Avenue Water Treatment Plant, 3) ParkTowne Industrial Park, 4) 35th Street site purchased for a fire station and 5) the McCaskill property on SR 442. Page -6- Council Regular Meeting August 5, 2002 u Q city Manager Hooper further commented on the Airpark Road site. The recommendation is to select that site, authorize staff to negotiate a lease with Pet Society, a minimal lease of $1 per year for a period of time to let them get started and authorize staff to work with them in the preparation of grant opportunities. Councilman Vincenzi asked what the Park Avenue Water Treatment Plant site is being used for. City Manager Hooper elaborated. Mayor Schmidt asked if there was reclaimed water in the tank. City Manager Hooper stated if there is anything in there right now it is storage for potable water. Councilman Vincenzi stated Airpark or Park Avenue, he doesn't have a preference. He mentioned the Pet Society building a facility. He stated the City isn't putting any money into this right now. We are thinking about donating the land or leasing it really cheap and when they get whatever piece we decide, the City will help them apply for grants. City Manager Hooper informed him that is correct. Councilwoman Lichter declared she is a member of the Pet Society Inc. She gets no fee and is not an officer. Once they get a site, they can immediately start their fundraising so they can build a facility for Edgewater. Mayor Schmidt stated he doesn't necessarily have a problem with #1 or #2. He asked if they have gone to the neighbors yet with regard to #1. He spoke about it being scattered residential in the area. He mentioned there being basically nothing at the Park Avenue site except industry. He questioned if that is a little bit more well suited. City Manager Hooper explained the reasons he is looking at the Airpark Road site. He stated they could talk to the neighbors and make sure there isn't an issue. There is a huge buffer, 600 or 700 feet, that could go all the way around and the houses are quite a distance setback with a lot of vegetation around them. Mayor Schmidt stated if we have ten acres sitting there and they are only looking at three, are thy going to be wasting property around it that they won't be able to do anything with as opposed to the Park Avenue site where there is just two or three acres. City Manager Hooper stated probably not. He thinks they will have some other public uses, which he described. City Manager Hooper spoke about a request the Council hasn't seen yet about another use for large animals. There is a group that wants to come in and talk of if they locate the Pet Society there, this group needs five or six acres so they are interested in sharing a site. Mayor Schmidt asked City Manager Hooper if he is looking for one choice. City Manager Hooper stated he thinks one needs to have the identified work that they can start on the lease, do some more site work on it and make sure that it actually works. Councilman Vincenzi stated he would prefer the Park Avenue site. City Manager Hooper asked the Council if they wanted him to do some more work on the first two sites and bring them back to Council. Page -7- Council Regular Meeting August S, 2002 u u Councilwoman Rhodes also likes the Park Avenue site and would like City Manager Hooper to bring back more information. Councilwoman Lichter spoke about the present Humane Society leaving the dogs on outside runs in the evening. It is not the intent of the Pet Society to leave animals outside at night. They will be putting them inside. Donna Wagner spoke in favor of the Airpark Road site. They are worried about the Park Avenue site because it is so close to the street. She feels the Airpark Road site is better suited for the critters. City Manager Hooper spoke of there being limited use for the Airpark Road site. There isn't much you can do except this type of structure that is a public structure but not something that will have large numbers because it is built over the existing landfill. City Manager Hooper agreed to draft a lease, notify the surrounding property owners so when it does come before council they will have been formally noticed and they can appear if they have any issues with it. Tina Polman, southwest corner of Airpark Road and SR 442, expressed concern about the traffic flow and the noise issue and not too pleased about the proposed shelter going in down the street from them. They already have difficulty getting out of their road just to get to work in the morning. Councilwoman Rhodes asked why she has difficulty getting out of her road to go to work. Ms. Polman stated because of the increased traffic flow to the back of Florida Shores due to all the construction. Councilwoman Rhodes stated once the road is done that should ease up some. Ms. polman stated she doesn't see that happening. She sees it only becoming a greater problem in time. Councilwoman Rhodes mentioned the Middle School being there too. City Manager Hooper stated a traffic signal will go in when the Middle School goes in. Councilman Vincenzi moved to consider the Airpark Road staging area contingent on City Manager Hooper contacting neighbors and investigating the attitude around there, second by Councilman Brown. The motion CARRIED 5-0. OFFICER REPORTS City Clerk Wadsworth informed the Council we would be holding a Special Election on October 1, 2002 for the District 2 seat. City Manager Hooper stated he has drafted a letter to Michael Lewis with the Department of Transportation regarding a proposed study to connect the Greenway with a parallel road up SR 415 and tie in somewhere in the vicinity of the SR 442 and 1-95 interchange. This letter describes that Council is interested at this time and would like more knowledge and would like the study to be done. He spoke about this being a toll road. He informed Mayor Schmidt this is a letter designed to notify DOT and the Turnpike that the city is interested in promotion of the study and just see where the information goes. Mayor Schmidt stated he didn't have a problem signing it. Page -8- Council Regular Meeting August 5, 2002 Q u It was the consensus of Council to send out this letter. City Manager Hooper informed the Council the County Council is holding a public hearing on Waterway Park to set the final assessment. The City has hooked up about 65 or so of the 200 residents in Waterway Park. There is really about 150 residents and the rest are vacant property along that area. CITIZEN COMMENTS/CORRESPONDENCE There were no citizen comments at this time. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 8:40 p.m. Minutes submitted by: Lisa Bloomer Page -9- Council Regular Meeting August 5, 2002