08-19-2002 - Regular
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CITY COUNCIL OF EDGEWATER
REGULAR MEETING
AUGUST 19, 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 MINUTE S
A. Reoular Meetino of Julv 15, 2002
Councilwoman Lichter moved to approve the July 15, 2002 minutes,
second by Councilman Brown. The motion CARRIED 5-0.
B. Reoular Meetino of Auoust 5, 2002
Councilwoman Lichter moved to approve the August 5, 2002 minutes,
second by Councilman Brown. The motion CARRIED 5-0.
PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS
A. Recoonition of appointed/reappointed Board and Committee
members
There were no members to be recognized.
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B. Maior Arnold Leeks to present "My Boss is a Patriot"
Certificate of Appreciation to Chief Tracey Barlow from the
Department of Defense National Committee for support of the Guard
and Reserve
Major Leeks presented a Certificate of Appreciation to Fire Chief
Tracey Barlow for his support of the National Guard and Reserve.
C. Plaque presented to Jan Morris for her service to the City
from November 1985 throuqh June 2002
Ms. Morris could not be present but Mayor Schmidt read a letter
with regard to Ms. Morris's service to the City.
CITIZEN COMMENTS
Alex Thompson, 2910 Mango Tree Drive, commented on the lake on
Mango Tree Drive that is 1/3 covered with lily pads. A friend of
his called about this about a month ago and they have seen
nothing done. He feels this will be a problem down the road if
it is not corrected. He hopes Council can find some way to
eliminate this. Mayor Schmidt commented on having problems last
year with this same lake. He spoke of the lily pads growing at a
fast pace.
Director of Environmental Services Terry Wadsworth.stated they
have two people that are certified to do aquatic weed control.
They are just now beginning to spray them. The problem is they
have gotten so extensive they are going to have to do it in small
batches. It will probably take six weeks into the cycle before
there will be noticeable results. He commented on handling this
in-house. He further commented on The Lake Doctors spraying two
or three times a year.
CITY COUNCIL REPORTS
Councilman Brown had nothing at this time.
Councilman Vincenzi had nothing at this time.
Councilwoman Rhodes had nothing at this time.
Councilwoman Lichter stated she met with Deborah Green of the
Volusian Water Alliance who is in charge of conservation matters
in Volusia County and they took a look at her budget. They have
found that they can give approximately $7,500 to the district to
show their conservation tapes on television.
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Councilwoman Lichter then spoke about there being no shade at the
YMCA. She asked if there were plans to bring in some umbrellas.
Mayor Schmidt stated he thinks there are plans it is just taking
time to buy all the chairs, tables and umbrellas.
Councilwoman Lichter asked if people can bring their own
umbrellas. Mr. Corder stated he would have to check with Mr.
Mitchell.
Councilwoman Lichter asked what is going on with the golf course
community. City Manager Hooper stated he is having some problems
and he is moving slow. The latest he knows is he hasn't made his
Water Management District Permit application. He hasn't heard of
anything lately.
Mayor Schmidt congratulated Mr. Corder on the Parks and
Recreation sign for the Recreational Complex. He hopes whatever
new signs the City does that they follow that form of a sign. He
also mentioned speaking to the Chamber about copying some of that
for our entrance signs into the City.
City Manager Hooper stated they are looking at the FIND entrance
sign so that is out for proposals and it is similar.
Mayor Schmidt read a letter that will be sent to Blue Cross/Blue
Shield regarding Bert Fish Hospital and Halifax Hospital no
longer accepting patients with Blue Cross/Blue Shield coverage.
PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Res. No. 2002-R-15, Cindy Lovell is requestinq
vacation/abandonment of a riqht-of-way beinq 50 feet wide bv
approximately 125 feet in lenqth located at 23rd Street between
two parcels owned bY the applicant. (Applicant pulled from
7/15/02 aqenda, Item 6B) .
City Manager Hooper made a staff presentation. The Technical
Review Committee and Planning & Zoning Board have recommended
denial. Staff also recommended denial.
Ms. Lovell responded to the comments made by the Planning and
Zoning Board with regard to the drainage ditch and there being no
history of standing water in this drainage ditch since 1986. Her
neighbors have attested that it does not hold standing water due
to the elevation.
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Ms. Lovell further commented on concerns addressed by the
Planning and Zoning Board. She asked the Council to reconsider
the recommendations by looking at the whole picture.
Mayor Schmidt asked Ms. Lovell the purpose of her wanting that.
Ms. Lovell stated she owns the lots on both sides and she does
use that piece and has used it ever since she has lived there.
She has maintained the property since 1986. As a taxpayer, she
feels if it is vacated to her it would generate revenue back to
the taxpayer base. She spoke about hiring a surveyor to do a
survey of the piece of property because the City didn't have a
current survey and the fees she paid for the application process.
Councilwoman Rhodes asked how it would change anything if Ms.
Lovell didn't get the variance. She stated it doesn't change a
thing. She would continue to mow it and maintain it and make use
of it. She feels it is sensible since she owns the lots on both
sides and there is no benefit to anybody but her.
Ms. Lovell turned in letters written by her neighbors.
Councilwoman Lichter spoke of denying a similar type of thing a
couple of weeks ago because of the potential of being in the
stormwater system. She asked Mr. Wadsworth if it is not being
used now and may not have been since 1989, we are definitely
planning to enhance and improve our stormwater system. Is this
going to be part of our future enhancement. Mr. Wadsworth stated
all the closed side streets do provide some water retention or
conveyance. Just because it hasn't held standing water doesn't
mean it is not an integral part of the stormwater system. He
further spoke of the Silver Palm Drive canal being one of the
main drainage features in the western part of Florida Shores. In
the case of a 25 year storm event, the property in question
probably would be functional. He further spoke about giving away
land that is part of that system and making the system even less
of a compliant system.
Councilman Vincenzi spoke about denying a similar request a
couple weeks earlier. He doesn't see how they can deny that one
and approve this one. You have to be consistent.
Ms. Lovell asked if the City has ever vacated property to anyone
in the City of Edgewater. City Manager Hooper stated he is sure
they vacated rights-of-way and easements but he didn't know of
any time they have vacated a drainage structure or drainage
right-of-way or easement.
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Councilwoman Lichter spoke about vacating a piece of property in
the past on Guava or Hibiscus where a business property went
through the two streets.
Ms. Lovell commented on this being a stormwater issue and she
asked if they have considered any alternatives to a ditch. There
are other options than a ditch that would still make it a
drainage area. City Manager Hooper stated it is not just the
ditch. The ditch is a holding pond and the survey Ms. Lovell
provided shows an outfall pipe. It is more than a ditch and it
is one if you piped or closed you wouldn't be getting the
containment nor the treatment that goes with it. Ms. Lovell
again mentioned there being other options for that and questioned
if they had been looked at. She spoke of the property behind her
with a pond on it. She again asked the Council to look at the
possibility of an alternative drainage message. At best it is an
eyesore, at worst it is a danger. It is a very deep excavation
there.
Councilwoman Rhodes stated City Manager Hooper is an engineer and
she asked him if he knows of any other options. City Manager
Hooper stated the only way that works is to go offsite and spend
City dollars. It gets very difficult to do. There is nothing
that is very simple and easy to solve. It is very complicated.
Councilwoman Lichter stated the problem is it isn't an entity
unto itself. It is part of a whole system that has to be
approved by a bigger authority than the City and that is st.
John's. She further commented on st. John's strict requirements.
She stated as much as she believes in common sense it doesn't
always apply when you are dealing with government and other
equity.
Ms. Lovell stated she has spoken informally with different people
in the City who have told her had the City been aware she owned
the property on both sides that they would have been able to look
at it and put it some other place. She suggested moving it to
the end of her property because it splits her property. She
doesn't think most things are impossible. She is a firm believer
that all things are probable and feels they could work something
out.
City Manager Hooper asked Ms. Lovell if she has spoken to Mr.
Wadsworth about relocating it to the end of the property. Ms.
Lovell stated she hasn't but she would welcome the opportunity.
City Manager Hooper suggested she do that. He again stated that
pond is an integral part of a whole system and that is what needs
to be maintained.
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Councilwoman Lichter asked if they should table this item. City
Manager Hooper explained the real issue they won't be able to
vacate this. If something comes back and there is a solution,
then they can bring this back to Council.
Ms. Lovell asked if she would have to reapply.
Hooper stated he is going to encourage Council
If there is something that can be created they
through staff which would keep Ms. Lovell from
fees to go back through the process.
City Manager
to deny tonight.
can bring it back
having to pay the
Mayor Schmidt stated he doesn't think any of the Council will
ever agree to spend City dollars to enhance someone's property.
Ms. Lovell realizes she would have to pay the expense and that is
sensible to her.
Legal Assistant Matusick read Res. 2002-R-15 into the record.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Rhodes moved to deny Res. 2002-R-15, second by
Councilman Vincenzi. The motion CARRIED 5-0.
B. Res. No. 2002-R-19, an appeal for variance requests submitted
bv Edward Haven owner of Sherm Inc., and of the commercial
propertv located at 202 Manqo Tree Drive
City Manager Hooper made a staff presentation. Staff and the
Planning and Zoning Board have denied the request due to the lack
of a paved driveway and paved parking. The applicant agreed to
the paved parking but was requesting a variance to the pavement
of the driveway.
Legal Assistant Matusick read Res. 2002-R-19 into the record.
Edward Haven, owner, Sherm Inc., 202 Mango Tree Drive, made a
presentation. He showed the Council pictures of his location.
He further commented on this piece of property with regard to
having no problems with drainage or flooding. He then referred
to a picture of what they are hoping to build. He is only adding
242 square feet. With the building they decided.to go up because
they didn't want to go out and put another 800 square feet of
impervious concrete because of the ecology and the adequate
draining at this location which seems to work very well.
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Mr. Haven further commented on the cost for concrete being
$3,000, which he doesn't feel they need. He is the only person
that works in this business. He further commented on what the
upper and lower levels of the building will be used for.
Councilwoman Lichter stated the vote at the Planning and Zoning
Board was a split vote 5-2. It was not a unanimous vote. She
feels his variance should be granted. She feels if the drainage
is good now, they shouldn't cover it with cement. She feels in a
sense he is grandfathered in. They have changed some of these
rules and regulations with regard to putting down cement if you
make an improvement. When he started his business that wasn't in
effect. He told us if he sells his business he will make sure
the new owner does it. She commented on the financial burden on
a one man operation. She feels the improvement would look
beneficial. She asked when they made the rule that when a small
change is made everything has to be up to Code. She feels some
of the recent changes have to be looked at with a little leeway.
City Manager Hooper stated that is not a new change. That was in
the old Code back in 1997 when it was adopted.
City Manager Hooper further commented on the paving requirement
and there being several paving waivers. At the time Florida
Shores was not paved so some of the waivers were to allow
businesses to pave at the time Mango and other streets were
paved. They have struggled and haven't been able to go back and
work with those. Once the streets were paved, promises were made
that they would come back and pave the driveway and the parking.
That hasn't occurred. He further commented on the concerns of
staff. Once the site plan is approved, it is a commercial
establishment and if he has relatively few trips in and out and
somebody buys the property, there is no leverage for the City to
go back and force somebody to pave the driveway or parking area
at a later date.
Councilwoman Lichter stated he could write an agreement or have
it in the deed. City Manager Hooper stated he could. The City
couldn't enforce that. Mr. Haven stated he has already agreed to
that.
Councilwoman Lichter stated he came in before that law and
questioned him being grandfathered in. City Manager Hooper
stated the grandfather is he has a business now but when he wants
to expand it, that Code and any Codes require you to meet the
current conditions of the Code to expand.
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Councilwoman Lichter stated she isn't sure that he has a problem
now but she is worried they might create one. She feels that has
to be ascertained. City Manager Hooper stated that is part of
what is looked at. When it is paved it has to have a little area
for water to run off.
Councilwoman Rhodes asked Bob Garthwaite to come forward so she
could ask him a question. She stated she saw in the minutes
where the Planning and Zoning Board passed the motion but she
doesn't see any big reason why. She asked Mr. Garthwaite to tell
her what the feeling was of the Board. Mr. Garthwaite stated
basically this was an opportunity to upgrade that area. There
were agreements to remain with shell as such time as the roads
were paved and then they were to pave their driveways.
Councilwoman Rhodes asked about the benefit of less concrete.
She agrees with Councilwoman Lichter as a rule. She also feels
they need to abide by their ordinances. That is her first
priority but she also feels there is too much concrete and that
creates drainage problems but also creates environmental
problems. He is going to have to take out trees. Would not that
remaining shell be more environmentally friendly then taking out
the trees and putting in concrete. Mr. Garthwaite stated he
didn't know if he had to take out any trees. Mr. Haven stated
they can go around them.
City Manager Hooper commented on the way the District looks at
this. He further commented on the road being a mixture of shell
and clay.
Mr. Haven stated the road is not a mixture of shell and clay. He
further commented on the shell being very porous. Councilwoman
Rhodes asked Mr. Haven if he has to replenish the shell. Mr.
Haven stated occasionally. He is currently looking at doing
this. City Manager Hooper stated he was quoting Mr. Haven's
letter that said it was shell and clay. Mr. Haven stated the
reason he put that in the letter was because that is what the guy
before him told him but it isn't.
Councilman Vincenzi stated he sympathizes with Mr. Haven's
situation. The reason he is leaning toward not approving the
request is because there are Codes in place and they have to be
abided by unless there is a good reason not to.
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Councilwoman Rhodes asked if it is possible to grant him a
variance for a period of a year. If it is a financial burden for
him to put the driveway in, let him do his expansion and then a
year from now, put the driveway in. City Manager Hooper stated
they could grant a period of time to comply.
Councilwoman Lichter stated she would like to see them lock in
the new owner. She feels what he has there takes the water down
better than cement. She feels they have to lean a little for
Edgewater businesses, big and small.
Mayor Schmidt opened the public hearing.
Noritta Harris, 2425 Orange Tree Drive, asked if the parking lot
was paved over at the new building by Dustin's that the City has
taken over. City Manager Hooper stated it has a paved portion.
The rest of it is not paved. Ms. Harris asked City Manager
Hooper if he just said all the new buildings have to have paved
parking lots and drives. City Manager Hooper informed her that
is right. Ms. Harris stated the City doesn't have. City Manager
Hooper stated all the other buildings do. Ms. Harris stated they
aren't talking about other buildings. They are talking about
this one. Ms. Harris stated it is not fair to ask this man to do
something the City isn't doing. Councilwoman Rhodes stated they
didn't do anything to the structure.
Mayor Schmidt closed the public hearing.
Councilman Brown agreed that paving is a last resort.
Councilman Vincenzi feels Codes are in place for a reason.
Councilwoman Rhodes feels they expect all businesses to comply
with the Codes. Because it is a financial burden and while she
agrees with Councilwoman Lichter that they need to help
businesses as much as possible, she would be willing to give a
variance for a year to provide the driveway. She asked if they
gave that variance for a year and Mr. Haven sold the building
they would also have to put that driveway in in that year. City
Manager Hooper explained that would get recorded with the
property so a new buyer would know and understand in purchasing
the property that that was a lien against the property.
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Mayor Schmidt stated he is leaning toward what Councilwoman
Rhodes said. He doesn't want to hold Mr. Haven back from doing
what he needs to do. He feels they need to look at the Codes.
He would hope in the year's time, if it is not concrete, he knows
there are other materials out there that might serve for the
driveway but can absorb and maybe that can be looked into.
Councilman Vincenzi asked Mr. Haven if he is okay with doing the
driveway in a year. Mr. Haven agreed this would be workable.
City Manager Hooper suggested the Council continue this. It
sounds like an agreement needs to be reached that Mr. Haven and
the City understand and sign off on it and then bring it back to
Council to allow this to be recorded so that would run with the
property.
Mayor Schmidt mentioned some of the parking at Eckerd's that
allows for parking as well as still be able to absorb the water.
City Manager Hooper stated those are usually more expensive than
total concrete. He agreed to work with Mr. Haven to see if there
is a compromise to that.
Councilwoman Lichter moved to continue this until the September
16th meeting, second by Councilman Brown. The motion CARRIED 5-
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City Manager Hooper clarified the direction is to work with Mr.
Haven to pave or a similar paving and bring that back so there is
twelve month period for him to integrate that into this site
plan.
Mr. Haven spoke about ordinances that don't fit every situation.
C. Res. No. 2002-R-20, authorizinq the Mavor to execute an
aqreement between the City of Edqewater and the Florida
Department of Transportation (FDOT) for the re-aliqnment of
Airpark Road throuqh a Transportation Outreach Proqram (TOP)
qrant in the amount of $150,290
Legal Assistant Matusick read Res. 2002-R-20 into the record.
City Manager Hooper made a staff presentation.
Mayor Schmidt opened the public hearing.
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Tony Mason, 1106 15th street, asked who acquired the grant. City
Manager Hooper stated the City applied for the grant.
Mayor Schmidt closed the public hearing.
Councilman Vincenzi moved to approve Res. 2002-R-20, second by
Councilwoman Rhodes. The motion CARRIED 5-0.
D. Res. No. 2002-R-21, supportinq and expressinq intent to
participate as a fundinq member of the transition team to create
a new water supply entity in Volusia County.
City Manager Hooper made a staff presentation. Staff recommends
the City participate.
Councilman Vincenzi asked what some of the reasons are that some
of the cities might not approve this. City Manager Hooper stated
the only City he has heard strongly talk about it has been Port
Orange because they want some dollar reimbursement for their
existing wellfields. He further commented on the consultant
showing this entity taking over the wells could operate on a more
cost effective and that the rate each of the cities would be
paying would be lower than if they retained ownership over the
twenty year life span of these wells.
Councilwoman Lichter further spoke about Port Orange. She
commented on Port Orange putting a lot of money into water and
water appliances and equipment. Port Orange would like a bit
more control. She further commented on why they need a new water
entity. She then made mention of South Daytona and Deltona not
having their own water source and these cities participating but
not having a vote.
Councilwoman Lichter stated the County Council appointed a
Committee to look into the situation and they came up with the
thought that a new water entity where every City could sit down
that is in Volusia County and have a vote and share facilities.
That is very important. At the rate they are going, by the year
2020 we are going to have a problem unless we work together and
share so we can have water for the future. Asa they go along,
the cities will have input in every aspect of it. They are
forming a new entity where everybody can a vote if they want to
be a part of it.
Legal Assistant Matusick read Res. 2002-R-21 into the record.
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Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Lichter moved to approve Res. 2002-R-21, second by
Councilwoman Rhodes. The motion CARRIED 5-0.
There was a ten-minute recess at this time.
Councilwoman Lichter left at 8:20 p.m.
BOARD APPOINTMENTS
A. Police Pension Board - Board recommendinq approval of Police
appointment of Lt. Bret Teitelbaum to fill the remaininq term of
Officer Niebieski who had resiqned
Councilman Brown moved to appoint Lt. Bret Teitelbaum to the
Police Pension Board, second by Councilwoman Rhodes. The motion
CARRIED 4-0.
CONSENT AGENDA
A. Donation of Surplus Cellular Phones - staff requestinq
deeminq the Cinqular Wireless telephones as surplus and donatinq
them to the Crime Prevention Section of the Police Department for
distribution to victims of domestic violence
Councilwoman Rhodes moved to approve the Consent Agenda, second
by Councilman Vincenzi. The motion CARRIED 4-0.
OTHER BUSINESS
A. Corrected San Remo PUD Zoninq Aqreement - staff recommendinq
approval of the corrected Aqreement to reflect a name chanqe from
Edqewater Terrace to San Remo and to correct scriveners errors.
City Manager Hooper made a staff presentation. staff recommends
approval.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilman Brown moved to accept the corrected Zoning Agreement
with San Remo, second by Councilman Vincenzi. The motion CARRIED
4-0.
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B. Waterway Park Water Distribution System Chanqe Order #1 -
staff requestinq authorizinq the City Manaqer to execute Chanqe
Order #1 with McMahan Construction Company, Inc. and issuinq
final payment of $72,331.41
City Manager Hooper made a staff presentation. Volusia County
will hold a public hearing on September 5th to do the final
assessment per lot.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Rhodes moved to approve change Order #1, second by
Councilman Vincenzi. The motion CARRIED 4-0.
C. Permittinq Vendors to Operate at City Parks - staff
recommendinq advertisinq for separate Request for Proposals (RFPl
for a bait shop to operate at Kennedy Park and kayak and canoe
rentals at Menard-May Park
City Manager Hooper made a staff presentation. At this point,
all it is is an effort to see if there is an interest in it. From
a staff perspective, he would be interested in seeing what is out
there.
Councilwoman Rhodes stated just because they advertise for RFP's
does not obligate the City to anything. City Manager Hooper
stated all it would be is a search to see if there is an interest
out there.
Councilman Vincenzi stated he knows one of the people that is
thinking of putting a proposal in. He would like to divorce
himself from the discussion early on. He questioned with
Councilwoman Lichter being gone, if the remaining Council would
still be able to vote on it. City Manager Hooper informed him
they could. He also informed Councilman Vincenzi at this point
there is no conflict because there is nothing in front of
Council.
Mayor Schmidt opened the public hearing.
Pat Card, 3019 Willow Oak Drive, asked why and what this will do
to the community. He expressed concern if the person immediately
south of the park wanted to have a hot dog stand by the river,
would Council approve that. He doesn't think Council would so
why would they consider the possibility of putting something
twenty yards away from it.
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Mr. Card stated twenty yards south of Menard May there is some
open space. Would it be okay to have a rental business in down
there. He suggested also having individual watercrafts and pedal
boats for the kids. He questioned where people will park and
where this stuff will be put. He then questioned what it would
do if they were to ask if they could put a business across the
street twenty-five yards south on the water. The Council would
say no, that is not consistent with the residential use in the
area. Staff can either answer those questions or leave them as
rhetorical questions.
Ferd Heeb, 115 N. Riverside Drive, stated this is the third time
since he has lived here that they have addressed this issue.
Both of these are small parks. They lend a natural beauty to
Riverside Drive and are accessible by the public. They have
fought time and time again against any commercialization on
Riverside Drive. It is a residential area. We don't need a bait
shop across the street. He commented on other bait shops in the
area. He questioned what kayak rentals and canoe rentals offer.
He spoke of personal watercrafts and the nuisance they become
because of the noise and the speed and the problems they create.
He feels Council should give serious consideration to this. To
use public property for a commercial endeavor in a residential
area is not tolerable. One of the things that aggravates him is
this issue is on the table at a time when most of the people that
live on Riverside Drive area are out of town. He hopes Council
will reconsider and leave these parks what they are and preserve
their natural beauty.
Tony Mason, 1106 15th Street, agreed the parks are small. He
expressed concern with the liability the City will hold if kayak
vendor sets up on public property and a child gets hurt or
killed.
Michele Lott, 2112 S. Riverside Drive, Chairman, Riverside Drive
Civic Association, stated they are very much opposed to
permitting vendors at City parks.
Glenn Barnhill, 602 S. Riverside Drive, spoke about the
activities that go on at Menard Park on Saturday and Sunday. He
can't see room for any more.
Judy Corn, 920 S. Riverside Drive, stated she would like to see
our parks stay a park with no commercialization in them so they
can walk through them and enjoy them as they are now, natural
beauties.
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Ed Corn, 920 S. Riverside Drive, stated he is opposed to any
commercialization of the parks. He prefers they be left just as
they are.
Mayor Schmidt closed the public hearing.
Councilman Brown feels one of the reasons this was ever put on is
to give an opportunity for the people to speak as to what they
wish for their City. He would not vote for it unless it was
something the people wanted. He spoke of other people that might
want to get out and do something on the water in a kayak that
can't afford to buy one. He further commented on this being very
restricted. He would have to go with the will of the people.
Councilwoman Rhodes moved to not go out for RFP's for kayaking or
bait or any commercial enterprise on the river, second by
Councilman Brown. The motion CARRIED 2-1. Mayor Schmidt voted
NO and Councilman Vincenzi abstained from voting.
D. Pepsi Bottlinq Group (PBG) Aqreement - staff recommendinq
enterinq into an Aqreement with PBG for the Leisure Services
Department to receive the sum of $12,000 in exchanqe for
exclusive beveraqe product distribution riqhts throuqh the Parks
and Recreation facilities and premises, and authorize the Mavor
or City Manaqer to execute the Aqreement
City Manager Hooper made a staff presentation.
Leisure Services Director Jack Corder spoke about Coca Cola
coming on board when Whistle stop was built and purchasing the
score board. They approached Coca Cola again and they weren't
interested. Pepsi Cola stepped forward and that is how they
arrived at this agreement.
Mayor Schmidt opened the public hearing.
Mike Visconti, 316 Pine Breeze Drive, asked if the City would
have an exclusive to just sell Pepsi. He questioned what happens
to Gatorade and what happens to milk. Councilwoman Rhodes stated
if you are selling soda, you have to sell Pepsi products. Mr.
Corder stated it includes Pepsi products and anything that is
competitive with the Pepsi products wouldn't be included. Mayor
Schmidt asked if either of the soda companies make Powerade or
Gatorade. Mr. Corder stated Pepsi makes Powerade.
Mayor Schmidt closed the public hearing.
Page -15-
Council Regular Meeting
August 19, 2002
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Councilman Brown moved to accept the Pepsi Bottling Group
Agreement, second by Councilwoman Rhodes. The motion CARRIED 4-
o .
E. Waiver of Special Activities Permits - staff recommendinq
waivinq all permit requirement for City run or operated events
and/or proqrams for the benefit of the residents of our community
City Manager Hooper made a staff presentation.
Councilwoman Rhodes asked why the 4th of July isn't included.
City Manager Hooper agreed to add it.
Mayor Schmidt asked about including the 4th of July parade. City
Manager Hooper agreed to call it 4th of July activities to
include a parade.
Councilman Brown suggested changing the Holiday Concert in the
Park to Concerts in the Park. Mr. Corder explained he has listed
items they have done in the past. He is open to the fact that
any and all events run through the City department they can look
for clarification for that unless there is something special they
need to come back with. Councilwoman Rhodes also agreed with
changing it to Concerts in the Park.
City Manager Hooper listed the events included in the list that
would be exempt from Special Activities Permits.
Mayor Schmidt asked about the YMCA doing weekend concerts and
different things where local bands come in and play some music.
City Manager Hooper preferred to leave it as a YMCA item.
Councilman Brown stated there are a lot of things that have been
left off that the City will want to be involved in. Mr. Corder
spoke of events we will be co-sponsoring with the YMCA. He
suggested including it as sporting events instead of softball and
baseball.
Mayor Schmidt opened the public hearing.
Pat Card, 3019 Willow Oak Drive, expressed concern that if you
have people coming forward to donate their time, money and their
efforts to put on a concert. He feels this would be the widest
waiver the Council has done of anything he has seen since he got
here. If they really believe that they should stand by the noise
ordinance and special activities ordinance that Council passed,
he thinks they want to be very specific in language about
concerns.
Page -16-
Council Regular Meeting
August 19, 2002
o
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City Manager Hooper stated this isn't waiving the noise portion.
The wording is carefully written so that it is only the special
activity portion. Councilwoman Rhodes stated this has to be City
sponsored. Mr. Card urged the Council to be specific about what
they are waiving.
Mayor Schmidt closed the public hearing.
Councilwoman Rhodes moved to exempt the identified City run or
operated events unless amplified sound exists. Other than that
they are exempted from the requirement of the special activity
permit, second by Councilman Brown. The motion CARRIED 4-0.
F. Waiver of Bid Requirements - staff recommendinq waivinq the
minimum standards of Purchasinq Policies and Procedures to
purchase components for the "Boat Ramp Dock Prolect" at Kennedv
Park and hirinq a contractor to install the dock for a savinqs of
$8,400
City Manager Hooper made a staff presentation.
Due to there being no comments, Mayor Schmidt opened and closed
the public hearing.
Councilwoman Rhodes moved to approve the waiving of the formal
bid process as stated in Res. 98-R-13 and direct staff to
purchase components needed and hire a contractor to install the
dock at a savings of $8,400, second by Councilman Brown. The
motion CARRIED 4-0.
OFFICER REPORTS
City Clerk Wadsworth had nothing at this time.
Legal Assistant Matusick had nothing at this time.
city Manager
1) Discussion - pavina, drainaae, sewer special assessment for
15th Street, Lime Tree and Juniper Drive (23 units)
Cost estimate: enaineerina
construction
Total
Cost per unit - approx.
$ 56,595
374,925
$431, 520
$ 14,000
Page -17-
Council Regular Meeting
August 19, 2002
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City Manager Hooper made a staff presentation regarding the cost
estimate for paving, drainage and sewer for 15th street, Lime
Tree Drive, and Juniper Drive. He is going to mail out the cost
estimate to the individuals and ask to meet with them to find out
how many people are interested.
Councilwoman Rhodes asked the cost when this was done in Florida
Shores. City Manager Hooper stated the cost was about $4,000 to
$5,000 per lot. He doesn't have a good idea as to why there is
such a large difference in cost. He commented on this being a
smaller area with a smaller number of participants. He informed
Council they were never included in the Florida Shores project.
Mike Visconti, 316 Pine Breeze Drive, asked if they were talking
about $14,000 per 23 units. If you divide 23 into $431,520 he
gets $18,000. City Manager Hooper informed him that is because
there is a City portion out of that that is paid.
Tony Mason, 1106 15th Street, stated when a capital improvement
has been done and is in place inside the City it now becomes the
responsibility to maintain the capital improvement. City Manager
Hooper stated if the City does it, yes. If it is one done by
subdivisions and given to the City, they take the water and sewer
and do not take the stormwater.
Mr. Mason stated he has been a majority of his adult life in
commercial construction and is very familiar with what occurs.
He has found a multitude of errors on the paperwork. Before the
City wastes its resources to approach them with fraud documents,
he would like to have the opportunity to work with whoever the
City deems to try and resolve these.
Mr. Mason commented on City residents paying $6 per month for
stormwater. He asked where the funding goes. City Manager
Hooper stated a portion of it pays for debt service for
improvements put in. The other half goes to maintenance of the
canals and the system throughout the City. Mr. Mason stated
which is not done on a frequent basis. City Manager Hooper
stated it is done on a routine recurring business.
Mr. Mason stated his contention is when he checked with the City
today as of the April report there were 880 active water meters
in the City. At minimum residents pay $6 per month and
industries and businesses pay more. There is $5,280 per month
and over $63,000 a year going into stormwater. All the
stormwater he is paying the City to take away ends up in his
yard. He feels if any of these figures include stormwater, he
thinks the City should have the funds themselves to deal with
that.
Page -18-
Council Regular Meeting
August 19, 2002
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Mr. Mason referred the Council to the breakdown of cost provided
by the engineering firm to the City. He stated there is 1,455
lineal feet of road, not 1,445. They have a manhole invert at
the intersection of 16th street and Juniper in the paved road.
He then spoke about the reference to seven manholes. He doesn't
understand where the other seven manholes would be.
Mayor Schmidt stated he knows this is going to lead into a
meeting with City Manager Hooper and Mr. Wadsworth. He stated he
has three manholes on his street on one block.
Mr. Mason stated his truest concerns are Items 4 - 9. They have
an existing water system there. Why is he paying to replace or
upgrade City systems? He feels that is hitting them again.
Mr. Wadsworth stated the only items that figure into the figure
they gave for the $14,000 are Items 1 - 3 and Items 10 - 13. All
the other items they backed out. The cost in Items 4 - 9 will be
borne by the City. There are no fire hydrants back in there for
the duplexes. Item 14 was an assumption by the engineer that we
might have to cut into the road at 16th and Kumquat, which we do
not. Those costs have been deleted. He then presented a
breakdown of how they came up with $14,000. City Manager Hooper
stated the only reason for this tonight was to tell Council these
figures are ready to mail to Mr. Mason and the other residents.
Mayor Schmidt asked if the letter that will be mailed out will
inform the residents that some of the items are not included.
City Manager Hooper stated they will mail them this information
and tell them to please come to a meeting so they can explain it.
Councilwoman Rhodes asked her the price that was charged to the
rest of Florida Shores for the same items these residents will be
charged. City Manager Hooper agreed to get those numbers.
Councilwoman Rhodes expressed concern with the difference in the
cost.
Mr. Mason stated they don't mind paying their fair share. He
would like to propose to the Council that they have the
opportunity to work with the City and they pray the City would
use every resource possible to gain grants, which was used in the
sewer project in Florida Shores. There are a bunch of grants
available. They are currently trying to aid the City and chase
down some grant places to apply.
Page -19-
Council Regular Meeting
August 19, 2002
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City Manager Hooper stated he will do the mail out this week and
pick a time. Mr. Mason stated they would be more than happy to
meet in the Community Center in the evening.
City Manager Hooper suggested Wednesday, September 25th at 6:00
p.m. It was okay with the residents involved.
CITIZEN COMMENTS/CORRESPONDENCE
Mike Visconti, 316 Pine Breeze Drive, informed Council you can
not read the names on the sign at Veterans Park. He spoke about
no longer holding activities there. He suggested going back to
holding the ceremonies at Veterans Park because he can't see
stepping on people's graves at the cemetery. He feels they
should honor Veterans Park and see if they could fix those names,
polish those names or have a new monument put at Veterans Park.
Mayor Schmidt stated he thinks there were some talks about going
back to Veterans Park. He also mentioned some of the brass
plates missing. Mr. Corder stated they usually replace them
every two or three years because of the sun. They will be
looking at replacing all the plaques that are in there. They
plan on scheduling a meeting with the Veterans Committee to
discuss services being held at Veterans Park. Mr. Humphries from
Sea Pines wants equal time so that will be a major discussion
down the road.
Ferd Heeb, 115 N. Riverside Drive, spoke about the new fees in
the Building Department. If the City tried to draft a Code that
would address every potential property issue in this City, they
would have another internal revenue code. He feels $1,000 to
apply for a variance is prohibited and there are many times when
a citizen has a legitimate issue that Council couldn't cover in
the code. He urged Council to reconsider that price tag. The
citizens have a right to ask the Planning and Zoning Board to
look at a situation. To pay $1,000 and have no guarantees
whether you are going to win or lose is prohibitive.
Councilman Brown stated there is a way if it is a financial
burden on the person that it can be lowered or waived if the
person can not afford to do so. He felt $500 was more realistic.
Mr. Heeb asked what the current price is. City Manager Hooper
informed him $100. It is a large number that has been brought
up. What he has suggested and requested is to see how many
complaints they have and see if it is being prohibitive. Anybody
that asks for a variance can also ask for the fee to be waived.
Page -20-
Council Regular Meeting
August 19, 2002
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City Manager Hooper further explained their issue is they are
trying to make the Building Department and the Planning
Department Enterprise Funds financially self sufficient. He
further spoke about administrative variances. They are aware of
this and are going to watch it.
Councilwoman Rhodes stated one of the items they addressed was if
you want a variance it's not fair for the rest of the citizens to
pay for it. Mr. Heeb stated God didn't design all of these
properties specifically to be rectangles or squares. He wasn't
aware there was relief available but questioned how they
determine who can afford it and who can't. He feels with these
fees they are going to discourage people from asking for
variances. He isn't sure that is appropriate. He feels $1,000
is too much and suggested Council look at another number.
Councilwoman Rhodes feels they should be charging whatever it
costs to process a variance. City Manager Hooper stated it costs
the same to do a variance as it does to do a rezone. They are
expensive.
Pat Card, 3019 Willow Oak Drive, thanked the Council for
exercising judgement in regard to things that weren't exact and
weren't specific and make it possible for Jack to do his job a
little easier. That is what he thinks they hire Council to do,
it's that judgement. Because we can't define everything exactly,
that is why they want Council to exercise judgement the way they
did tonight. Having the opportunity to make that decision is
what they are talking about.
ADJOURNMENT
There being no further business to discuss, Councilwoman Rhodes
moved to adjourn. The meeting adjourned at 9:32 p.m.
Minutes submitted by:
Lisa Bloomer
Page -21-
Council Regular Meeting
August 19, 2002
JAH-07-1997 09: 35 FROt1 0 us i a E I eci:. ions TO <-:>
FORM8S MEMORANDUM OF 'VOTING CONFLICT..FOR
COUNTY MUNICIPAL AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST N'AME-MlDDLEJ NAME
_LL, AI C-e...IV "'1-', I 1J e,... 'V I~ It
MAILiNG ADDlU:SS
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DATE ON WHICH VcYJE OCCUlmED
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NAME OF aOARO. COUNCIL, COMMISSION, AUTHORITY. OR COMMI'ITEE
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. THE goARD, UNCIL, COMMISSION, AtJ"niORl'IT OR COMMITX'EE ON
WHICH I SlmW; IS A tINtT OF: .
CITY Cl CO~TI
NAME OF POUTICAL SUBDIVISION:
Cl OmER LOCAL ACENCY
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M~mON 18:
~ ELW1"IVE
Q APPOINTIVE
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This form i9 fer use by any l'E'r50n serving at thl! county, city, or other local level of government on an appointed or ejected board,
council, commission, auehority. or committee. It applies equally t.o members cf advioory and non-advisory bodies whO' arg presented
with a voting conflict ofintA:!reat under Section 112.3148, Fioriaa Statutes.
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INSTRUCTIONS FOR COMPLIANCE W1TH SECTION 112.3143, FLORIDA STATUTES
A person holding electivE' or appointive county. municipe,l, or other local public offic~ MUST ABSTAIN from voting on a mt'asuT'"
which inures to his or her special private gain or kl~. Each elec~d or appoint.od local officer also is prohibited frcm knowingly voting
on a measure which inures to the spedal gain 01," loss of a principal (other than a government agency) by whom he or she is X'iltainl?d
(including tOg par~nt organization 01' sub8idiar; of!1 corporste principal by which he or she is ret.ained); to the sp?Cial privnu- ga.in or
10:'18 of a relative; or to the special private gain or loss of a business associare. Commissioners of community redevelopment agencies
under Sec. 163.356 or 163.357, F.S., and officers ofindep~ndent llpedal tax districts elected. on a one-sc.-e, one-vote ba3ig al"~ :'lot pro.
hibited from voting in that ca.pacity.
For purposes of' tru!; 19.w, a "'relative" includel'J only the officeis father, mother, son, d.s:;~hter, husba.:id. wife, brot.her, sister, fath;;-r.
in-law, mother-in-law, son.in-Iaw, a,Tld dl1ughter-in-law. A "business Msocillw" m~ans any pe1"50n or entity engaged jn or carrying on
a busineBS enterprise with the officer as eo partner; joint venturer, coovvner of property, or corporate shareholder (whf)re the shaH'S of
the corporntion are not listed on any national or regicnal stock exchllrlge).
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ELECTED OFFICE.RS:
In addition to abstaining from voting in the situations d~scdbed abovl?, you must djgclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the natu~ of your interest in the m.ea-SUT\.- on
which you are abstaining from voting; cm.d
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this fonn .....-ith the p",rgon responsible for l'hwding
the minut.os of the meeting, who should incorpo:l"atA:! the form in the minutQs.
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APPOINTED OFFICERS:
You must abstain from voting and disdose the conflict in the situations de$Crib.la above and in the manner described for elo?cted offi-
cers. In order to participate in theSil matters, you must. disclose the nature of the conflict before making any attempt to influence the
decision, whethei crally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT V,'HICH THE
VOTE WlLL BE TAK~Nl
. You must complete fu'1d file this fom (befcre making any attempt to influence the decision) v.>ith the person responsible for
recording the minutes of the meeting, who will incorpcraoo the form in the minutes.
· A copy of the form must be provided imm.ediately to the other rmlluoors cf the agen~y.
· The fcrm must be read publicly at the next meeting after the fonn is filed.
j
CE FORM BS. REV. 1195
PAGE 1
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!A~~07-1997 09:36 FROM <:)IUSia Elections
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TO
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Ed~jeUl.3.tel'
F'.02
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISlON EXCEPT BY DISCUSSION A'I' THE MEETiNG:
. You must digc]ose orally the nature of you. conflict in tho meWlure before participating.
. You must com~lete the fonn and file it within 15 days a.lter th~ vot.e occurs with the person responsible fur recording the
minutes of th41 IilMting. who must inC:Qrpar"atA tht\ form in the m.inllw~. A copy of the form must be provided immediately to thl!
other mpm~t'S of the agency, and the fonn must 00 read publicly nt thG next m_ting ~'l' the fOhn is filed.
r, DeiVN ~ V, IV' '-eN?.- ,.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
F?- LI 7
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. hereby disclose that on __
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(a) A measure came or will come before my ag@ncy which (chack one)
inul'!;d!:Q my special private gain or lOGs;
__ inured to the apecif'.J gain or 1068 of my bUsiness associate,
.x inured to the special gain or loss of my relative,
inured to the ~pecilil gain or loss of
whom 1 am reta;'Mdj or
inured to the special gain or loss of
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is the par~nt organization O!' I;ubsidiary of a principal which hall retained mI?
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NOTICE: tJ"NDER PROVlS!ONS OF FLORIDA STATT.irES ~112.317, A FAILtmE TO :MAKE A.NY REQulRED-DISCLO=l
SURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: II
IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFI.'ICE OR EMPLOYMENT, DEMOTION, REDUCTION IN
SALARY. REPRIMANI>, OR A CIVIL PENALTY NOT TO EXCEED $10,000. "J
CE FOFlM BB . RF-V_ 1195
PAGE 2
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MEMORANDUM OF VOTING CONFLICT
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Last Name
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First Name
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Middle Name
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Mailing Address
Ct'ly
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on Which Vote Occurred
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Zip County
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Name of Agency
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City
Date
5us~ wA-!)s~o(L-T7r
Name of Person Recording Minutes
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Title of Person Recording Minutes
1. Description of the matter upon which you abstained:
P~c,,-\ \ //7;\JS &! V-€ILL)~ ID CJ p~-r-e...
f}- T C (/7--/ fJ /}(L ~ S:.
2. The special gain will inure to:
a.
Yourself
Principal parent organization or subsidiary of
a corporate principal by whom you are retained:
b.
(Name)
c.
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Relative or business associate:
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(Name)
3. Description of the interest you have in the above matter:
()#e of TJ.f~ ;')T~'T(;'-L pe~(-e (.A.I~u vv ovlJ l,~~
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Date on which form was filed
with the person responsible-
for recording minutes of the
meeting at which the vote
occurred:
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Signature
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