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10-21-2002 - Regular u u , "~ \ , CITY COUNCIL OF EDGEWATER REGULAR MEE TING OCTOBER 21, 2002 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Vice Mayor Rhodes called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Donald Schmidt Councilman James Brown Councilman Myron Hammond Councilwoman Harriet Rhodes Councilwoman Judith Lichter City Manager Kenneth Hooper City Clerk Susan Wadsworth Legal Assistant Robin Matusick Excused 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. Special Meetinq of September 16, 2002 Councilwoman Lichter moved to approve the September 16, 2002 minutes, second by Councilman Brown. The motion CARRIED 4-0. B. Special Meetinq of October 2, 2002 Councilman Hammond moved to approve the October 2, 2002 minutes, second by Councilwoman Lichter. The motion CARRIED 4-0. PRESENTATIONS/PROCLAMATIONS/PLAOUES/CERTIFICATES/DONATIONS A. Recoqnition of appointed/reappointed Board and Committee members There were no Board or Committee members to be recognized. u u CITIZEN COMMENTS Pat Card, 3019 Willow Oak Drive, spoke about Biketoberfest with regard to the No Name Saloon. He is concerned that the Council felt that they would not act either in accordance with the County guidelines or Daytona Beach's four-day event. The Edgewater Council felt ten days would be just right for Edgewater. He expressed concern about the lack of enforcement for the noise ordinance as it applies to straight pipes. He read a prepared statement. He stated Daytona Beach began discouraging some of the outrageous behavior while some of them choose to encourage it. Police Chief Ignasiak made a presentation with regard to the enforcement of loud pipes during Biketoberfest. He agreed to get the number of citations that were issued and bring them to the next Council meeting. There were serious accidents that occurred in Edgewater, there were no fatalities in Edgewater and most events were held peacefully without any problems. Although the noise was there, they did what they could with the material and personnel they had. He feels they did a pretty good job this year. Councilwoman Lichter asked if they received any complaints about noise because she did. Chief Ignasiak stated they received several. He commented on an incident on Friday. other than that, through Saturday and Sunday it was relatively uneventful. They received no complaints from the day shift or night shift. Vice Mayor Rhodes asked if they have an option during events like this of having part time officers. Chief Ignasiak stated he has three reserve officers right now and are looking to expand that program and bring more officers in. He spoke of not being able to be everywhere at one time. Councilwoman Lichter stated she received a complaint Friday night from the gentleman that has the apartments next to Cameron's Marina regarding noise as well as the road block on Boston Road. She mentioned the barrier being gone on Saturday. Apparently the occupant of that property ran into the barrier and got rid of it. City Manager Hooper stated he thought that occurred that night. It came back up the following. He felt the barricade helped. The only part he saw that he would want to change next year was the congestion ahead signs. He feels some of those would help. Page -2- Council Regular Meeting October 21, 2002 o u Councilwoman Lichter stated the neighbors weren't notified and perhaps it behooves them next time to let them know in that immediate area. She feels they should put a sign at the beginning of the street stating it is closed. City Manager Hooper stated he thought the newspaper advertisement did but the one that went out to the individuals probably did not have that in it. Councilwoman Lichter mentioned another complaint she had from people three or four blocks from the No Name. City Manager Hooper stated Ms. Danigel and Code Enforcement Officers went out. Anytime it peaked they turned it down. There was a good working relationship. He felt for a Bike Week and Special Event Activity it was about as peaceful as you are going to get. He feels they have done a better job each time this has occurred. He mentioned next year having sound barriers. Vice Mayor Rhodes stated she didn't receive any calls. Councilman Brown stated he went by two or three times and stopped out front and at no time did he hear it exceedingly loud. Vice Mayor Rhodes stated she has lived here for over twenty-five years and there were bikes in Edgewater before there was No Name Saloon. She thinks the No Name needs to bear responsibility for their part in Bike Week and their noise, she doesn't think the No Name can bear the responsibility for bikers driving in this town. Sandra Wolff Riley, 2729 Sabal Palm Drive, spoke of a fence being placed on her property by the neighbor behind her. Code Enforcement will do nothing about it and she doesn't understand why. City Manager Hooper stated it is down to a dispute on who's property and who's ownership of the fence. It is an attachment to a fence. There are a lot of issues between two residents. The fence itself is a civil matter. He has talked to mediation and they would be glad to handle the case. This is not a true Code issue. In talking to the Code Enforcement Attorney and City Attorney Cookson, it is both of their opinions that it is not a Code Enforcement issue. Vice Mayor Rhodes stated this is not an opinion. That property is somebody's property. City Manager Hooper stated the City doesn't get into who owns property. Page -3- Council Regular Meeting October 21, 2002 w o Ms. Riley spoke of her neighbors being a very large problem. She made mention of Mr. Patch being taken away in handcuffs. Councilwoman Lichter feels mediation might be a first step. She mentioned there being a hostility or problem between neighbors. City Manager Hooper stated if they want to take the fence down, the City isn't telling them they can't take it down if it is on their property. Ms. Riley stated she has been told by the Police that she can't take it down. Councilman Brown commented on having the exact same problem across the street from him. They resolved the problem through mediation. He feels that is what Ms. Riley needs to do. Ms. Riley stated she agrees to mediation but she doesn't think her neighbors will agree. City Manager Hooper stated that is the first step. If Ms. Riley agrees and they don't that is in her favor if she does take legal action and they can wind up paying the court costs. Councilwoman Lichter spoke of a case she was involved with in Connecticut with a neighbor over a fence problem. Vice Mayor Rhodes informed Ms. Riley to contact Liz in City Manager Hooper's office tomorrow and start the process. City Manager Hooper informed her she has to contact Legal Assistant Matusick. Ms. Riley also made mention that they have painted their fence and the neighbors are painting over it. Vice Mayor Rhodes informed her that is something she needs to bring up as well. Ed Keenan, 1905 Pine Tree Drive, welcomed Councilman Hammond back on the Council. He knows he will contribute as he did before with many good thoughts and actions, such as the YMCA. Andy Anderson, Pine Tree Drive, stated this is an election year for our congressman. He feels it would be a good time for our leadership to push for a new Post Office. He spoke of the current Post Office being crowded. Page -4- Council Regular Meeting October 21, 2002 u u Vice Mayor Rhodes informed Mr. Anderson he may ask them for a complaint form and fill it out and turn it in. She feels if they are flooded with complaints eventually they are going to have to do something about it. Mr. Anderson stated he has turned in complaint forms and they disappear and they are never heard from again. Councilwoman Lichter stated this is not a re-election of who they had before. She mentioned fighting for a light at Ocean Avenue where you turn to go to the Post Office. Councilman Hammond stated right now they don't have the money in the budget for it because he has been down there talking to them. They spent ex-amount of dollars renovating the place. Mr. Anderson feels they seem to get money for things they want and that are pushed for. They will find the money if we are persistent. Mr. Keenan agreed to contact Congressman McCue, who is chairman of the Postal Committee. Mike Visconti, 316 Pine Breeze Drive, spoke about the ribbon cutting for Leisure Services and the museum. He feels the museum is beautiful. CITY COUNCIL REPORTS Councilman Brown commended the Police for their efforts during Bike Week. Councilman Brown mentioned the Boy Scouts being present due to working on the Citizenship Merit Badge. Councilman Hammond felt the Police did a good job during Biketoberfest. He also commented on the Sheriff's Department helping out. He spoke of people being offended by the language used during the Pudding Wrestling. He feels that needs to be toned down. Councilwoman Lichter spoke of belonging to People for Drug Free Youth. Chief Ignasiak was at the last meeting asking for money for a trailer for the DARE program. They gave him the $3,000 that day for his trailer and they also supported several other local projects. Page -5- Council Regular Meeting October 21, 2002 u o Councilwoman Lichter spoke about the Senior Advisory Committee for Southeast Volusia. Last year they had an expo in a church in New Smyrna where they had a physician come in and talk about senior prescriptions as well as a policemen come in and talk about scams. This year they asked for her to arrange for a place in Edgewater. They thought they would like to use the YMCA and very nicely the YMCA said yes that that could work out in March. Councilwoman Lichter spoke of being the member from Edgewater on the Water Alliance Transition. It was brought up that an alternate is in order. City Manager Hooper would like to wait until Mayor Schmidt is back to make that choice. Councilwoman Lichter feels the first order of business should be to form a new interlocal agreement where everybody has a vote. Councilwoman Lichter spoke of the Blurring Boundaries Workshop, a Summit on Growth Management put on by the County Council she attended. The first speaker was Kirby Green who is the Regional Director of the Water Management. The most interesting speaker was not the main speaker. The main speaker was the Mayor of Jacksonville. The most interesting speaker was a developer named Maury Pocini who gave very good perspective on how Volusia County might be able to put their act together a little better so builders and developers would have clearer guidelines and be able to move when they had to move. Vice Mayor Rhodes spoke of a lady that contacted her that lives on Sabal Palm Drive whose Halloween decorations were vandalized as well as a couple of her neighbors. She asked for more patrols on Sabal Palm Drive. One of the pumpkins they took they found on Queen Palm when she reported it to the Police. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Public Hearinq, Tanva B. Girvan, owner of No Name Saloon, requestinq a Special Activities Permit for a charitable event/activity (Poker Run) and to waive the permit fee. City Manager Hooper made a staff presentation. Staff recommends approval of the permit but not the waiver of the permit fee. He commented on what the fee is used for. Councilwoman Lichter asked about the Children's Advocacy Center. She asked if the establishment is located in Daytona Beach. City Manager Hooper stated it is non-profit and they are raising money for toys for the children. Page -6- Council Regular Meeting October 21, 2002 Q Q Ms. Girvan stated whatever money is raised goes to the Children's Advocacy Center. They don't recover anything. If they have to pay for the permit, they will charge them for that. Everything else is donated. Councilwoman Lichter mentioned music going until 9 p.m. but it being earlier on Sunday. City Manager Hooper stated what they did in the noise ordinance was they cut off in a residential area that 9 p.m. is the time the decibels change from 60 to 50. In the special activity permit section of the Land Development Code they have 1 p.m. to 9 p.m. on Sunday for the activity. Councilwoman Lichter asked if they will be able to fix the stage by the time of this event. Ms. Girvan stated it is standard for them to ask the Council for a permit until 9 p.m. but more than likely they won't have music outside after 7 p.m. Councilwoman Lichter spoke of the people that live in the apartments hearing the music louder than anyone else. Ms. Girvan stated they could probably get somebody to put up the sound barrier by the event. Councilwoman Lichter stated she thought the stage was going to have some type of padding or some kind of something that part of her yes vote would be a determination to put stuff up and see if it helps the sound barrier. City Manager Hooper stated when they take final action on this, if that is what a majority of them want they need to include that in the motion. Councilman Hammond spoke about raising taxes. He feels their job is to see how they can keep from getting caught in this situation that they ended up in the budget this year with regard to having to raise taxes. He feels the Council should be looking at how they can get money back into the city to do what they are supposed to do. He spoke of not having the reserve like everybody wants. They had to scrape and cut and get down to where we are. What if something else happens to hurt the economy. A lot of people will be looking for a job. He feels you have to pay their dues. Ms. Girvan stated it makes no difference to her. It is pretty standard that a non-profit agency would ask for a waiver. Page -7- Council Regular Meeting October 21, 2002 \ o o Councilman Hammond feels they have to look ahead and tighten up their belts a little bit. He feels they can't keep giving stuff away. Councilman Brown spoke of cutting back on donations. He has no problem with the permit but he can't agree to waive the fee. Ms. Girvan stated that is fine. Vice Mayor Rhodes opened the public hearing. Doris Hill, 112 Lincoln Road, stated they are requesting a special activity permit. Once before she asked the question if a special activity permit permits a person or an enterprise to break the City laws and Codes or do they have to comply with the Codes. She stated City Manager Hooper told her no, they don't have to conform to the parking because it is a special activity permit. She feels a special activity permit seems to allow anything that anybody wants to do. She stated she was told at the second reading permitting this that they would have no chances. If they went above that decibel level that would be it. She remembers someone saying they would have the permit pulled. They did exceed the decibel readings. There were several people that complained. She isn't complaining for herself, she is complaining for the City of Edgewater. This is a travesty what goes on in this City during Bike Week. Not only was it noisy, and it wasn't just the noise from the bikes. They were exceeding the decibel levels and the language was atrocious. Now they are coming in here and they want a special activity permit for a charitable event. She stated she believes it is against the law to drive and drink. She asked if anybody in the room thinks that anybody left that saloon sober. She doesn't. Carolyn Goins, Pelican Place, stated she heard the woman MC from the No Name on her street. She stated she is not sure what the poker run is. She asked if they are bikers and if they get their donations through the neighborhoods. Ms. Girvan explained what a poker run is. They get donations from area businesses. All the money that is raised from the $5 entry fee is given back to the charity. Ms. Goins has no problem with the poker run but she has a problem with the noise she can hear on Pelican Place. Ms. Girvan spoke of an instance where there was bad language and she fired the band immediately. They assume their MC's are responsible but on occasion they aren't. She stated one of the noise complaints was at the beginning of the week and that DJ was fired. Page -8- Council Regular Meeting October 21, 2002 o (,) Councilwoman Rhodes suggested setting a criteria where someone is put in charge of paying attention to what the MC's are saying. She feels amplified cursing should not be happening and it would be Ms. Girvan's responsibility that it didn't happen. Ms. Girvan stated the first day they put up the barriers she had a security guard standing there who was moving the barriers for residents that wanted to go through. They ran the barricades over and busted them within a half hour and threatened to beat up the security on more than one instance. Councilwoman Lichter spoke of these being family type events. Vice Mayor Rhodes closed the public hearing. Councilman Brown moved to approve the special activity permit but do not approve waiving the permit fee contingent on having baffling put up to reduce the noise level, second by Councilwoman Lichter. The motion CARRIED 4-0. B. 2nd Readino, Ord. No. 2002-0-09, City of Edoewater reouestino to amend the Official Future Land Use Map to include property as Public/Semi Public with Conservation Overlay for property located west of FEC Railway and north of the City Water Plant located on SR 442. (pt Readino 6/24/02, Item 6B) C. 2nd Readino, Ord. No. 2002-0-10, City of Edoewater reouestino to amend the Official Future Land Use Map to include property as Public/Semi Public with Conservation Overlay for property located at 600 Roberts Road; Indian River Elementary School. (1st Readino 6/24/02, Item 6C) D. 2nd Readino, Ord. No. 2002-0-11, City of Edoewater reouestino to amend the Official Future Land Use Map to include property as Public/Semi Public with Conservation Overlay for property located at 3100 S. Ridoewood Avenue; Sea Pines Memorial Gardens. (1st Readinq 6/24/02, Item 6D) City Manager Hooper made a staff presentation with regard to Ord. 2002-0-09, Ord. 2002-0-10, and Ord. 2002-0-11. Legal Assistant Matusick read Ord. 2002-0-09 into the record. Due to there being no comments, Vice Mayor Rhodes opened and closed the public hearing. Page -9- Council Regular Meeting October 21, 2002 Q o Councilman Brown moved to approve Ord. 2002-0-09, second by Councilman Hammond. The motion CARRIED 4-0. Legal Assistant Matusick read Ord. 2002-0-10 into the record. Councilwoman Lichter moved to approve Ord. 2002-0-10, second by Councilman Brown. The motion CARRIED 4-0. Legal Assistant Matusick read Ord. 2002-0-11 into the record. Councilman Hammond moved to approve Ord. 2002-0-11, second by Councilwoman Lichter. The motion CARRIED 4-0. E. 2nd Readinq, Ord. No. 2002-0-16, repealinq 6 of the 9 amendments adopted bv Ordinance No. 2002-0-03 and restatinq 3 local amendments to the Florida Buildinq Code pursuant to the Settlement Aqreement City Manager Hooper made a staff presentation. Councilwoman Lichter feels they have the legal right to make the local laws more stringent than the State. She spoke about the State possibly changing the Building Code in a year to be more stringent and not seeing any reason to fight them at the moment. She would now vote in favor of these. Building Official Dennis Fischer commented on a lot of these amendments being law in the City and Volusia County for fifteen years. He also spoke about removing all the local authority of passing local amendments. They will apply these for the Code amendment section for next year and try to get those put into the Statewide Building Code, which may be tough because this is a National Electrical Code they have to amend. Councilwoman Lichter stated Mr. Fischer just changed her mind back again. She feels Port Orange is on the right track and the safety of our residents should come first so she is very hesitant. Mr. Fischer stated he isn't happy with this either. This will require legal money representation to fight to keep those ordinances. Port Orange City Commission has taken it upon themselves to go into their pockets to do that legal battle. If they are successful it would apply to everyone. Mr. Fischer recommended they amend the ordinances written or proposed and take a wait and see attitude to see what the final outcome is. Page -10- Council Regular Meeting October 21, 2002 o ~ Councilwoman Lichter feels other County organizations such as VCOG should be informed to take this up as a very important legislative issue. Mr. Fischer stated local jurisdictions have to prove a good reason why they want to amend a statewide Code. They agreed on three issues out of the nine issues. Councilwoman Lichter spoke about the City working on,the industrial park and a lot of these issues fitting into that situation. She asked if this pertains only to residential. City Manager Hooper stated a majority of these are residential. Mr. Fischer went over the three amendments that will be retained and the six amendments that are being repealed. Due to there being no comments, Vice Mayor Rhodes opened and closed the public hearing. Legal Assistant Matusick read Ord. 2002-0-16 into the record. Councilman Hammond moved to approve Ord. 2002-0-16, second by Councilman Brown. The motion CARRIED 3-1. Councilwoman Lichter voted NO. There was a ten-minute recess at this time. F. 1st Readinq, Ord. No. 2002-0-17, amendinq Section 1-8 (General penalty; continuinq violations) and Section 1-9 (Additional court cost for law enforcement education) of Chapter 1 (General Provisions) of the Code of Ordinances City Manager Hooper made a staff presentation. Staff recommends approval. Legal Assistant Matusick read Ord. 2002-0-17 into the record. Due to there being no comments, Vice Mayor Rhodes opened and closed the public hearing. Councilman Hammond moved to approve Ord. 2002-0-17, second by Councilwoman Lichter. The motion CARRIED 4-0. G. 1st Readinq, Ord. No. 2002-0-18, amendinq Chapter 6 (Boats, Docks and Waterways) to include Article I (General); Article II (Non-Movinq Boatinq Violations) and Article III (Movinq Boatinq Violations) of the Code of Ordinances. Page -11- Council Regular Meeting October 21, 2002 CJ Q City Manager Hooper made a staff presentation. Staff recommends approval. Legal Assistant Matusick read Ord. 2002-0-18 into the record. Vice Mayor Rhodes opened the public hearing. Councilwoman Lichter asked if the officers will be allowed to go out on weekends. Chief Ignasiak stated they are planning on starting the program on weekends. Councilwoman Lichter spoke of children being pulled on rubber rafts on the back of boats and if they can only go half the Indian River can they go both sides. Chief Ignasiak stated they are researching that right now. They are starting this program the same way they did with the motorcycles. They are hoping to have this ready to go in the next week. Councilman Brown stated he is working on getting information adopting an island. The cities are actually allowed to take the running, maintenance and care of all the spoil islands. hopes they will be able to get involved with this. It costs City nothing to do this. on over He the Vice Mayor Rhodes closed the public hearing. Councilwoman Lichter moved to approve Ord. 2002-0-18, second by Councilman Hammond. The motion CARRIED 4-0. BOARD APPOINTMENTS A. Citizen Code Enforcement Board (2) - Councilman Brown's appointment to fill the remaininq term of Bobbie McGuire and Councilman Hammond's appointment to fill the remaininq term of Russell Bauqher, both due to resiqnations. Councilman Brown moved to appoint Ed Corn, second by Councilman Hammond. The motion CARRIED 4-0. Councilman Hammond moved to appoint Ben DelNigro, second by Councilman Brown. The motion CARRIED 3-1. Councilwoman Lichter voted NO. B. Economic Development Board - Councilwoman Rhodes' appointment to fill a vacant seat for a full three (3) year term due to the resiqnation of Roland Bazin. Page -12- Council Regular Meeting October 21, 2002 o o Vice Mayor Rhodes asked if she could make that motion. City Manager Hooper suggested somebody should offer to make the motion for her. Vice Mayor Rhodes asked for someone to make the motion to approve Mr. Thomas K. Hamall to fill the vacant position. Councilman Brown so moved, second by Councilwoman Lichter. Vice Mayor Rhodes stated there were several applications for this position. Three of them were absolutely excellent. She suggested keeping copies of the people with the backgrounds on file for whenever they come up with other issues that they could speak to that they could use volunteers instead of paying someone to do. The motion CARRIED 4-0. CONSENT AGENDA There were no items on the Consent Agenda to be discussed at this time. OTHER BUSINESS There was no Other Business to be discussed at this time. OFFICER REPORTS City Clerk Wadsworth had nothing at this time. Legal Assistant Matusick had nothing at this time. City Manager Hooper informed Council the City has been served with a lawsuit from a number of employees that has been turned over to our insurance. The Council will be getting copies of the lawsuit. City Manager Hooper stated Finance Director Michele Goins-Murphy has resigned effective November 14th. Jon Williams will serve as the Acting Director. City Manager Hooper to send a letter to supports that plan. approves it that the Comprehensive Plan. commented on the Manatee Plan. He would the County letting them know the City If the State finds it acceptable and City would adopt it as part of our like Page -13- Council Regular Meeting October 21, 2002 . . o Q Councilwoman Lichter moved to authorize City Manager Hooper to draft a letter informing the County that the City is interested in adopting the County's Manatee Plan when it is approved by the state, second by Councilman Hammond. The motion CARRIED 4-0. City Manager Hooper informed Council all this letter will say is that the City is supporting it. To actually adopt it, it will come back to Council in a formal hearing. CITIZEN COMMENTS/CORRESPONDENCE There were no citizen comments at this time. ADJOURNMENT There being no further business to discuss, Councilman Brown moved t adjourn. The meeting adjourned at 8:55 p.m. Minutes submitted by: Lisa Bloomer Page -14- Council Regular Meeting October 21, 2002