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11-18-2002 - Regular u v CITY COUNCIL OF EDGEWATER REGULAR t-IEE TING NOVEMBER 18, 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 Myron Hammond Councilwoman Harriet Rhodes Councilwoman Judith Lichter City Manager Kenneth Hooper City Clerk Susan Wadsworth Paralegal Robin Matusick Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. APPROVAL OF MINUTES A. Reqular Metinq of October 21, 2002 Councilwoman Lichter moved to approve the October 21, 2002 minutes, second by Councilwoman Rhodes. The motion CARRIED 5-0. PRESENTATIONS/PROCLAMATIONS/PLAOUES/CERTIFICATES/DONATIONS A. Recoqnition of appointed/reappointed Board and Committee members There were no Board or Committee members to be recognized. CITIZEN COMMENTS Carol Ann Stoughton, 2503 Pine Tree Drive, spoke about how the garbage collection is handled in Port st. Lucie. When it was privatized the garbage was not picked up on time, the garbage was thrown allover and there was only one man to a truck. She feels City Manager Hooper should carefully think about alternatives. o u Ms. stoughton spoke of cars speeding down Pine Tree Drive. She feels if they had extra police cars or motorcycles they could gain revenue by handing out tickets which would alleviate any cost factors we have with regard to the picking up of garbage. The first people she met when she moved to Edgewater were the Building Department, who were wonderful. The next people she met were the garbage collection, refuse collection and the tree men in our town. Those people welcomed her to this town. She suggested the City keep its employees. She feels they are doing an injustice to people who work for our town and live in our town. Mayor Schmidt stated they didn't vote on anything and haven't discussed. All they talked about were the rates. He would be the first one to agree with her. Ms. Stoughton feels the gentleman who presented the program, gets a salary or a commission or a percentage of selling this down the City's throat. City Manager Hooper stated he doesn't get a percentage of anything, he is paid an hourly rate. Ms. Stoughton stated she likes it the way it is. She wants to see it stay the way it is and feels there are alternatives. She feels it is up to City Manager Hooper to go out there and find ways to increase revenue or to get other landfills. She suggested leasing a truck. Ferd Heeb, 115 N. Riverside Drive, publicly acknowledged Detective David Gamell and Ray Frazee for a job they did helping him out with a burglary of equipment off his boat. He also commended Chief Ignasiak for his role. Pat Card, 3019 Willow Oak Drive, stated he has said Edgewater is the best kept secret in Florida. Don't let what makes it the best kept secret disappear. It is not just one of your municipal groups, it is all of the municipal employees. He feels the employees do a great job and he appreciates it. Mike Visconti, 316 pine Breeze Drive, spoke of having a problem getting out of Meadow Lake Subdivision because of the traffic on Roberts Road. He asked if there is any possible way of putting a stop sign east and west of Meadow Lake Drive to slow the traffic down and at the same time give them an opportunity to get out. City Manager Hooper spoke of looking at traffic calming if that is what the Council wants as well as traffic numbers. The last time they looked at this, which was a while ago, we didn't match those kind of numbers. Page -2- Council Regular Meeting November 18, 2002 u u Councilwoman Lichter spoke of opening the road behind Meadow Lake to go through to U.S. #1. She asked whatever happened with that thought. City Manager Hooper stated they looked at the right-of- way and it wasn't public property and probably just wasn't pursued any further. She asked if that might be part of the answer since there will be more development on that street. City Manager Hooper agreed, to look at this. Councilwoman Rhodes asked if this is SR 442. Mr. Visconti stated that is another reason. Coucnilwoman Rhodes alleviated when SR 442 is finished. possible. due to the construction on one reason and the school is asked if that will be Mr. Visconti stated that is Councilman Brown asked if the San Remo development lines up with Meadow Lake's entrance to where they could justify a stop sign. City Manager Hooper stated it doesn't line up. Councilman Brown feels this is going to be another traffic problem with that development. Mayor Schmidt spoke about the buildout of Florida Shores and how busy 30th Street is. One day that road is going to have to be widened. Councilwoman Lichter doesn't feel the situation is any much different on other streets off of Roberts Road. She spoke of the traffic during school hours. She isn't sure Meadow Lake has any more of a problem then the other streets getting out. She asked if that is a County road or a City road. City Manager Hooper informed her it is a City road. Mr. Visconti spoke of Meadow Lake going on twelve years old. They are trying to get the roads paved. It was brought to their attention at a Homeowner's meeting they had to come to Council about getting on the list of paving the roads. Director of Environmental Services Terry Wadsworth stated they look at all the roads. It isn't on the immediate priority list but it is on there for evaluation. Ben Fanselow, 321 Schooner Ave., stated every person he has petitioned wouldn't mind a $4 increase for garbage collection. He commented on Habitat relocating closer to Edgewater in March. He feels they have to get his area to slow down. He is surprised someone hasn't gotten killed pulling out of Scotty's. Mr. Fanselow spoke about speeding by the Post Office. He encouraged the Council to look into these matters together with New Smyrna Beach. Page -3- Council Regular Meeting November 18, 2002 u w George Ann Keller, 3039 Unity Tree Drive, spoke about the Florida Shores Neighborhood Watch Program, which started in July. They meet the first Thursday of every month at 6:30 p.m. at the Florida Shores Clubhouse on Lime Tree Drive. They now have 153 citizens that' have signed up for this program. Their next meeting will be held on December 5th. Betty Ackley, 309 Joan Street, stated she is here for six months and up north for six months. She asked for a compromise on the garbage because they are paying for six months and garbage isn't picked up. She feels there could be some alternative. She feels the employees are doing a good job. Mayor Schmidt spoke of there being a minimum water bill every month. He asked if that is a possibility or a logistical nightmare. City Manager Hooper stated it is both. If they lower those, then others will go up. They have looked at a variety of ways. Robert pogg, 2925 Yule Tree Drive, commented on the City beating Daytona Beach with the number one millage rate. He asked why? Mr. pogg spoke of three baseball fields to the tune of $263,000, which was a grant from the state but the City is taking $58,000 to pay for another grant. Why wasn't the first grant used to build the recreational fields? He also commented on the photographic map the City is doing due to setting up an Industrial Park. He questioned making sure the canals could hold the water before they start to build an Industrial Park. Every time he picks up the paper, he sees and hears City Manager Hooper's name and he hears the City of New Smyrna Beach. He questioned if he works for Edgewater or New Smyrna Beach. He is also under the understanding that City Manager Hooper's engineering firm also does business in town. He asked who he works for, questioned this being a conflict of interest and feels the City should keep the garbage men. A lady in the audience asked for an answer to the question. Mayor Schmidt stated that wasn't a question to be answered. The lady asked who he works for, us? Councilwoman Lichter stated that is very obvious to them. The lady then asked if he also works for New Smyrna. Mayor Schmidt informed her no. Everyone knows he is our City Manager and doesn't work for any other City. The lady then asked if he is in conflict of interest. Mayor Schmidt stated no he isn't. Page -4- Council Regular Meeting November 18, 2002 u u Mr. Pogg stated Mr. Mayor on the engineering, the low bidder gets all the work. Mayor Schmidt stated no it doesn't. It is always fully disclosed so there is no point on going any farther than that. Mr. Pogg stated he would like to know and he is sure the other people would like to know. Another member of the audience stated yeah. Mr. pogg questioned what they are hiding. Mayor Schmidt stated we aren't hiding a thing and we aren't going to be accused of hiding anything. Everything is all public record and he doesn't think any of the Council are stupid enough to jeopardize everything they believe in and everything they do. We are very comfortable with the gentleman we have to run this City. They put their trust in him and they believe in what he tells them. CITY COUNCIL REPORTS Councilwoman Lichter stated she is working with the Southeast Volusia Senior Advisory Board to use the YMCA for a Senior Expo or Senior lectures on various subjects. She had the opportunity to go over there to look at the rooms and she also looked at the schedule. There are only two activities available for seniors. She spoke of when she envisioned the YMCA she envisioned a senior room to be utilized in other manners. She asked for City Manager Hooper to look into how many senior activities are being offered and is there a way to enhance that. Councilwoman Lichter spoke of a complaint she received about the noise from the No Name Saloon Poker Run at 7:30 p.m. in the evening. She went over to listen and she heard music but it seemed much more muted to her than it had in the past. The gentleman was under the assumption there was to be a Code Enforcement person there all the time checking levels but she was informed by City Manager Hooper that is not correct. City Manager Hooper stated they are on call. If there is a complaint, they would show up. Councilwoman Lichter questioned the person contacting the Police Department to come out and measure the noise level. City Manager Hooper informed her that is correct. Councilwoman Lichter mentioned the Pet Society Inc. will be having a meeting at our Library at 9:30 a.m. this Saturday for volunteers. Page -5- Council Regular Meeting November 18, 2002 u u Councilwoman Lichter spoke of the newly formed Water Entity of which she is the City's representative. Every City now has agreed to stay on board except Pierson. They are aiming to have every City have a vote. In the case of the Water Alliance, it is only water providers. If anyone has questions, they can give it to her or City Manager Hooper and she would present it. She would like it if possible in the next week or two. The two attorneys that are writing this up would like to look at this list of questions. Mayor Schmidt asked if they need to vote on a Vice Mayor yearly being after the election. City Manager Hooper stated yes. He agreed to look at this and place it on the agenda. Mayor Schmidt asked Fire Chief Barlow if they do CPR and first aid training for private groups if they wanted them. Fire Chief Barlow informed him yes. Mayor Schmidt spoke of an episode at Burger King the other day where a gentleman choked. He would like to see a couple people from each store within his company do something like this. He agreed to get with Chief Barlow. Councilman Brown stated he attended a Florida Department of Transportation study for the next five-years. The only thing they brought up about our area was the Park Avenue and u.S. #1 intersection. Councilman Brown received complaints about the speeding on u.S. #1. He would like to see if they can't do something about stepping up the patrolling on u.S. #1 especially during school time in the mornings. Councilman Hammond stated he knew these rates were coming up and he asked that it be put out so everybody could understand the reasoning why. If you tell the average citizen you are going to raise the garbage rates $4 or $5 per month, people have a fit and they want to know why. He is on a campaign to keep any sudden surprises out of the budget. He is going to be asking for other departments to be scrutinized also. He is looking at how they can make a better City and it is going to cost. Nothing is free in life. If they want it they are going to have to pay for it. He has nothing against the garbage people. They have done an excellent job. The reason is why so let the people know. He has had a lot of people chewing him out asking him why he wants different things. Page -6- Council Regular Meeting November 18, 2002 o o Councilwoman Rhodes spoke about an accident on u.s. #1 across from Edgewater Landing. She made mention of lighting up that stretch of u.s. #1. City Manager Hooper stated they have tried to convey that to DOT. It's their road and their decision to light or not light. Mayor Schmidt stated DOT wasn't willing to do it but the City could do it if they wanted to pay for it. Councilwoman Rhodes asked what that would cost. City Manager Hooper agreed to get her a cost estimate. He asked how far south she is talking about. Councilwoman Rhodes stated from before you get to Edgewater Landings until Publix. City Manager Hooper stated down to Roberts Road. Councilwoman Rhodes informed him yes. City Manager Hooper informed Mayor Schmidt they looked at the Charter and the Vice Mayor election is after every regular meeting. The one the City just had was a special election so it is in another year. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. Res. No. 2002-R-19, appeal of the Plannina and Zonina Board denial for a variance request submitted bv Edward S. Haven, owner of Sherm Inc., located at 202 Manqo Tree Drive. (Continued from Auaust 19, 2002, Item 6B) City Manager Hooper made a staff presentation. Paralegal Matusick read Res. 2002-R-19 into the record. Attorney Mark Hall, representing Edward Haven, went over pictures of the property. He passed out a new survey that was done. He continued his presentation referring to the Land Development Code with regard to parking. Attorney Hall referred to the house purchased by the City next to Dustin's. There is a paved driveway with a mulched parking area. Mr. Haven would like to keep his unpaved driveway and pave the parking area. He feels this should apply also to the City and what is good for the City is also good for Mr. Haven. He and City Manager Hooper met on October 9th and he thought they had worked this out. It's not so much a question of money as it is drainage and trees. He then passed out his letter to City Manager Hooper on October 15th. He feels the City should tell staff to work it out with them and execute the agreement he has presented to Councilor just grant the variance. Staff has been cooperative but they haven't been able to work it out. Page -7- Council Regular Meeting November 18, 2002 o o Chief Planner Darren Lear stated they have tried to follow Council's orders from the last meeting. Councilwoman Rhodes asked why it wasn't alright that it be done within a year. Attorney Hall stated it doesn't do anything for him. That is almost just in financial terms. Councilwoman Rhodes then asked why it is alright that it is done after his death or after he sells his property but not alright that it is done in a year. Attorney Hall stated the impact is minimal. Councilwoman Rhodes stated Mr. Haven expressed a financial hardship to the Council and they were trying to allow him more time than they would allow someone else so that it wasn't such a financial burden on him. We were trying to work with him and be civil about it. She made mention of other businesses having to follow these rules and felt Attorney Hall has not given her a compelling reason why Mr. Haven doesn't have to follow these rules. Attorney Hall elaborated on the special facts and circumstances of this matter. He stated Mr. Haven is willing to agree to something saying five or ten years as an outside but not a year because a year doesn't do anybody any good. He spoke of Mr. Haven cleaning up the site and having no incentive to do this. Mayor Schmidt feels the incentive should be that he wants to keep it clean and be part of the community that keeps it clean. He feels this should be incentive enough. He feels they have given him a time line. They thought that a year should have been ample enough time. Attorney Hall spoke of staff expressing concern regarding the scrap stuff at the site. He doesn't think it sounds like a Code Enforcement situation. Councilwoman Lichter asked when the new language was passed. Mr. Lear informed her July of 2000. Councilwoman Lichter spoke of having other problems or circumstances because they don't have a factor of grandfathering in businesses that have been in business ex-many years. Councilwoman Rhodes stated it only applies to something new in a business. Mr. Lear further explained it applies if you expand the business to change the use of the business. Councilwoman Lichter spoke about not knowing what business may be there in the future. She feels Mr. Haven should take care of this before he sells the property. She stated she has some feeling for his situation. Mr. Lear explained looking back through the file of the site plan, there was some concerns by the City Engineer that the drainage on this property isn't that great right now. When you do pave something of this magnitude you have to get a stormwater engineer to design it. Page -8- Council Regular Meeting November 18, 2002 Q Q Councilwoman Lichter asked Mr. Wadsworth if they have had recognizable trouble in that area with drainage. Mr. Wadsworth spoke about improvements on Mango in the right-of-way that seems to have corrected most of that problem. Councilwoman Rhodes stated if they gave an open ended variance to where this could occur upon the sale of the property or conveyance of the property, that doesn't stop Mr. Haven living the next 20 years and one of his children wanting to come in and expand the business and then there are ten trucks coming in and out in a day. We can't project that. If they granted him an open ended variance that could happen. Mr. Lear stated and then that sets a precedence for any other business. Councilwoman Lichter stated she doesn't think they would allow an open ended variance. Attorney Hall spoke of there being a couple of things that were proposed. One was that it be recorded by Mr. Haven. If there is any sale or conveyance that will be picked up in the public records. Councilwoman Rhodes stated the point is if he doesn't sell it and he lives to be 110 anything can be done with that property as long as that occurs. Attorney Hall suggested making Mr. Haven swear every year on his occupational license that he has no employees and make him have it notarized. He feels there is a special circumstance here and that this is an unusual case. Councilwoman Lichter stated apparently when City Manager Hooper met with Attorney Hall he got a different impression of the meeting result then what has come about now. City Manager Hooper commented on their discussion. He spoke of the agreement being extremely difficult long term to enforce. He stated City Attorney Cookson agreed the occupational license is one way to try to help. He spoke of Hibiscus and Guava being industrial areas. They force everyone in there coming through that wanted to change it's use to pave. They required those that didn't pave at that time to enter into paving agreements during the paving of Florida Shores. They have had a hard time enforcing those paving agreements even at the exchange of property. Councilwoman Lichter questioned if he put in a shed for storage, then he wouldn't have to do this. City Manager Hooper stated that is not correct. He spoke of Mr. Haven expanding his site by 20% structurally. Attorney Hall stated maybe that is the way to go. He feels this is a fairly simple garden variety way to solve the problem which is to take it through the occupational license and certificate of occupancy. Page -9- Council Regular Meeting November 18, 2002 w u Councilwoman Rhodes stated we have had a bad experience with things being pegged onto occupational licenses and they really don't want to do that. City Manager Hooper further spoke of it being extremely difficult to enforce through the occupational license. He feels they should either grant the variance of the fact that they don't think he has to pave it for a period of time or adherence to the Code which they are making everybody else do. That is staff's recommendation. The Council would give twelve months to adhere to the Code and after the twelve months they are expecting pavement of the driveway and the parking. Councilman Brown questioned the pavers with the open sections being acceptable. City Manager Hooper stated that is acceptable to the City. That is a paving method that would work. Councilman Brown stated that does leave it pervious and allows water to go through without totally paving it over. Attorney Hall stated it was discussed from what he read in the transcript but there was no action taken. He suggested City Attorney Cookson be brought into the discussion. Councilman Hammond asked about this being more than a 20% expansion of the site. Mr. Haven pointed out on the screen the addition to the slab. Mayor Schmidt asked about the existing slab not meaning anything because there is no building. City Manager Hooper stated that it is correct, it is an impervious surface. Councilwoman Rhodes asked if that slab count towards the paving. City Manager Hooper explained that slab would count towards his stormwater requirement for impervious area. Mr. Haven spoke of agreeing to pave five parking spaces, instead of seven. He stated he wishes to keep the driveway that is currently existing the same for the time being. He doesn't see why in the contract if it was stipulated that the contract would not be valid unless the buyer or inheritor agrees to do the rest of the driveway, what's the problem? Councilwoman Rhodes stated she doesn't have a problem with what happens after Mr. Haven leaves the property. She has a problem with while he still owns the property. If this variance is granted, as long as he is still there, he can do what he wants and there is no way of stopping it. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Page -10- Council Regular Meeting November 18, 2002 Q Q Councilwoman Rhodes feels they made a good decision the first time. She feels what they require of one they should require of all. Councilwoman Lichter stated she would like to agree with that but she feels they don't do everything the same in all circumstances. She referred to Coastal Tire on u.S. #1. She feels there are ways to work things out. Councilwoman Rhodes agreed and felt they did compromise. She feels there needs to be a time limit and it not be open ended. Councilman Hammond felt they brought up a good thing about the Parks and Recreation and museum area. City Manager Hooper explained it is not in the B-3 and the use did not change. They added nothing to it. The use changed in the way it was a residential and it is a museum that you go into. They paved the driveway but not all of the parking. If the Council requests, they can go back and pave that. He feels that is part of the beginning of the rest of the balance of the park. He spoke of integrated trails and natural parking. One is very commercial with semis in and out and the other is a museum that has residential cars in and out. Councilman Hammond asked Mr. Haven how long he has been there. Mr. Haven stated he bought it in 1994. Councilman Hammond stated he is willing to have it deeded so when a new owner takes over, that would be part of the stipulation. He is having a hard time with this. He mentioned there only being one person and one truck coming in, maybe two. He is having a hard time saying you have to do all this when he is willing to make it on a change of ownership. Councilman Brown presented an option that he either pave it or put pavers in. Mayor Schmidt stated that is what they said and they gave him a year to look at options. He feels this is something they are giving a little here and they are expecting him to go by the rules and they are willing to give him a little time and come up with the different solutions. He also has a problem leaving this open ended. Councilwoman Lichter asked if they felt there would be any benefit at all for further discussion between the City Manager and Attorney. Page -11- Council Regular Meeting November 18, 2002 u o Mayor Schmidt feels it doesn't matter right now. If they vote on it, he feels there will still be some discussion. would have hoped by now there would have been discussions the lawyers before this came to Council. take a He between Councilwoman Rhodes moved to grant this variance for a period of a year. At that time the Code needs to be complied with. Councilwoman Lichter amended the motion to make the time period five years. Mayor Schmidt stated they needed to go on the first motion without an amendment first. Councilman Brown seconded the motion. The motion FAILED 2-3. Councilwoman Lichter, Councilman Hammond, and Councilwoman Rhodes voted NO. Councilwoman Rhodes agreed with Councilwoman Lichter but would like to make it three years if she will make that motion. Councilwoman Rhodes made a motion to grant the variance for three years. At the end of three years, it must be complied with. Councilwoman Lichter seconded the motion. The motion FAILED 1-4. Councilwoman Lichter, Mayor Schmidt, Councilman Brown, and Councilman Hammond voted NO. Councilwoman Lichter moved to approve it with the term of five years, second by Councilman Hammond. The motion FAILED 2-3. Mayor Schmidt, Councilman Brown, and Councilwoman Rhodes voted NO. Councilwoman Lichter asked if they should turn this back to the City Manager to work out with the Attorney. Councilwoman Lichter moved to accept the variance with a four year limit to put in the paved driveway, second by Councilman Hammond. The motion CARRIED 3-2. Mayor Schmidt and Councilman Brown voted NO. B. 2nd Readinq, Ord. No. 2002-0-19, establishinq Section 10- 97(d) authorizinq the City to charqe for lien research requests City Manager Hooper made a brief staff presentation. Paralegal Matusick read Ord. 2002-0-19 into the record. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Page -12- Council Regular Meeting November 18, 2002 u o Councilman Brown moved to approve Ord. 2002-0-19, second by Councilwoman Lichter. The motion CARRIED 5-0. C. Res. No. 2002-R-31, establishinq a $25.00 fee for lien inquiries/reports City Manager Hooper made a brief staff presentation. Paralegal Matusick read Res. 2002-R-31 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-31, second by Councilman Hammond. The motion CARRIED 5-0. D. 1st Readinq, Ord. No. 2002-0-20, amendinq Chapter 17 (Traffic) bv enactinq Article V(Non-Movinq Violation; Parkinq) of the Code of Ordinances City Manager Hooper made a staff presentation. Paralegal Matusick read Ord. 2002-0-20 into the record. There was a brief discussion regarding the parking that is included in this ordinance. City Manager Hooper referred to the list on Page 2 of the ordinance. This allows for the chronic or continual violator. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2002-0-20, second by Councilwoman Rhodes. The motion CARRIED 5-0. E. 1st Readinq, Ord. No. 2002-0-21, amendinq Chapter 5 (Animal Control) Sections 5-2 (Definitions), 5-6 (Animal Control Board, 5-11 (Wildlife Hvbrids Prohibited) and 5-14 (Runninq at Larqe Prohibited) of the Code of Ordinances Paralegal Matusick read Ord. 2002-0-21 into the record. City Manager Hooper made a staff presentation regarding the changes made to the ordinance. Councilwoman Lichter referred to 5-14 (a) (2). She feels her discretion should read his/her discretion. Page -13- Council Regular Meeting November 18, 2002 u o Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilwoman Lichter moved to approve Ord. 2002-0-21, second by Councilman Brown. The motion CARRIED 5-0. There was a ten-minute recess at this time. F. Res. No. 2002-R-24, authorizina application for the 2003 ECHO Grant for development of Phase III of the Hawks Park Recreation Complex, usina FRDAP Grants and Recreation Impact fees as the City's matchina funds City Manager Hooper made a staff presentation. Paralegal Matusick read Res. 2002-R-24 into the record. Mayor Schmidt asked if they know how much money total is available this year with the ECHO grant. Mr. Corder stated $3.3 million. Mayor Schmidt opened the public hearing. Robert pogg, 2925 Yule Tree Drive, asked where the impact fees are coming from. City Manager Hooper explained. Mr. pogg stated he understands they are taking $57,000 out of one grant to get a $386,000 grant. City Manager Hooper explained the grant we are applying for is $386,000. The City needs a cash match. We are enabling ourselves to use a grant from the State as part of that match. The balance that is due out of any of that could come from impact fees. Mr. pogg stated the grant they are taking that money out of, what was that money supposed to go to. City Manager Hooper stated ballfields. He stated it is still going to ballfields. It is just counted as the whole park as the grant application. Mr. pogg asked when they got this money. City Manager Hooper stated over the last two years they have received about $150,000 each year. Mr. Pogg stated in order to get this new grant, they have to come up with 50%. City Manager Hooper stated and they can count the grant money from the State as our match. Mr. pogg asked if it is legal. City Manager Hooper stated sure it's legal, it is done all the time. Mr. pogg asked if they are going to see an exact budget on this as to where each part of the money will wind up going. City Manager Hooper stated yes. The Council will adopt a budget that shows how the grant money is being spent. Page -14- Council Regular Meeting November 18, 2002 o o Mr. pogg stated he doesn't want to see the City spend any more money on anything until it gets itself back in shape. It seems like Edgewater is spending and there is really nothing to show for it. Councilwoman Rhodes stated this doesn't come out of your taxes. Mr. pogg stated somewhere down the line they are going to be paying for this. Councilwoman Rhodes moved to approve Res. 2002-R-24, second by Councilwoman Lichter. The motion CARRIED 5-0. G. Res. No. 2002-R-32, authorizino the City Manaoer to sion a FDOT Traffic Sional Maintenance and Compensation Aoreement City Manager Hooper made a staff presentation. Paralegal Matusick read Res. 2002-R-32 into the record. Mayor Schmidt spoke about half of the traffic light being FDOT's and half of it being ours. City Manager Hooper stated local road onto a State Road. Councilwoman Lichter stated she would like to know where the left hand turn is when you are going south at Roberts Road. City Manager Hooper informed her we have written DOT and they are looking to put in a u-turn and a signal and a lane there. They are doing the study. Councilman Hammond feels there should be a no u-turn sign there. Due to there being no comments, Mayor Schmidt opened and closed the public hearing. Councilman Hammond moved to approve Res. 2002-R-32, second by Councilwoman Rhodes. The motion CARRIED 5-0. Mayor Schmidt informed the public this is money FDOT is paying us, not money we are paying out. BOARD APPOINTMENTS A. Library Board (3) - Mayor Schmidt's appointment to fill the remainino term of Mary Rice who passed away; Councilman Brown's appointment to fill the remainino term of JoAnne Sikes who resioned and Councilman Hammond's appointment to fill the remainino term of Sue Shaw who resioned Page -15- Council Regular Meeting November 18, 2002 Q o . . Mayor Schmidt agreed with the requested action to appoint Kathy Booth. Councilwoman Lichter so moved, second by Councilwoman Rhodes. The motion CARRIED 5-0. Councilman Brown moved to appoint Ann McDevitt, second by Councilwoman Rhodes. The motion CARRIED 5-0. Councilman Hammond moved to appoint Sandy Sammons, second by Councilwoman Rhodes. The motion CARRIED 5-0. D. Animal Control Board (3) - Councilwoman Rhodes' appointment to fill the expired term of Dr. Vanis who has re~uested reappointment: Councilwoman Lichter's appointment to fill the remainino term of Kim Catalo who was terminated due to excessive absences and Mavor Schmidt's appointment to fill the expired term of Liz Scavarda Councilwoman Rhodes moved to reappoint Dr. David Vanis, second by Councilman Brown. The motion CARRIED 5-0. Councilwoman Lichter moved to appoint Elizabeth DiMascio, second by Councilman Hammond. The motion CARRIED 5-0. Mayor Schmidt agreed to appoint Karen Mason. Councilwoman Rhodes moved to appoint Karen Mason, second by Councilman Hammond. The motion CARRIED 5-0. Councilwoman Lichter stated some of the members may be present. Mayor Schmidt recognized Karen Mason. CONSENT AGENDA There were no items to be discussed on the Consent Agenda. OTHER BUSINESS A. Continuino Professional Enoineerino Services - staff recommendino approval of the contract with Professional Enoineerino Consultants (PEC) after successfully completino neootiations. (October 7, 2002, Item 9A) City Manager Hooper made a staff presentation. Councilwoman Rhodes moved for approval, second by Councilwoman Lichter. The motion CARRIED 5-0. Page -16- Council Regular Meeting November 18, 2002 o o , . City Manager Hooper made a staff presentation. Councilwoman Rhodes moved for approval, second by Councilman Hammond. The motion CARRIED 5-0. OFFICER REPORTS City Clerk Wadsworth had nothing at this time. Paralegal Matusick presented a report regarding a resolution on one of our outstanding lawsuits. She commented on the case regarding Martin vs. Lutz. It was an incident at Whistle stop Park back in 1998 where there was an altercation between coaches and gentlemen in the stands. Mr. Martin was requesting a $50,000 settlement. At the end of mediation and negotiation, it was a total of $500 from the City with the cost of mediation which brought the total up to $800 instead of $50,000. City Manaqer A. ParkTowne draft documents and authorization to advertise RFP City Manager Hooper made a staff presentation. This puts together a proposal to offer for public sale any of the property at the ParkTowne Industrial Center. The minimum sale is $50,000 per acre. He isn't expecting many bidders on this at this time due to after the bids, they can come in and negotiate one on one. He suspects that is what they will see most of the buyers do. They will be advertising on Sunday. CITIZEN COMMENTS/CORRESPONDENCE Mike Visconti, 316 Pine Breeze Drive, spoke about all the money the Council spent tonight and suggested they save some money. He spoke of there being 80 homes in Meadow Lake Subdivision and suggested a subdivision like his could go to one pickup per week. He doesn't feel they accumulate that much trash. He also suggested Edgewater Landing. Councilwoman Lichter stated she wouldn't speak for everybody. Mr. Visconti would like to see a survey made. He would like to see this looked into. City Manager Hooper commented on discussion regarding a single pickup. Through the Shores that is probably an issue that wouldn't fair well. He commented on the yard waste being a huge volume of what is picked up. Page -18- Council Regular Meeting November 18, 2002 o o t City Manager Hooper stated if Council wants, he could look into this. He feels this is a semi-controversial issue. Mayor Schmidt feels they need to explore whatever avenues they have and look at the pros and cons. Robert pogg, 2925 Yule Tree Drive, asked who the staff is that makes recommendations. Mayor Schmidt stated the staff that is involved in the process. Mr. Pogg spoke about referring to the Attorney. He questioned Paralegal Matusick being a paralegal. He would like the right terminology. Councilwoman Lichter stated we have a City Attorney that is used when he is needed. Councilwoman Rhodes stated we save money that way. Mr. pogg stated Item 9A was a white wash. He feels on Item 9B, just about all of the Council had questions like they had no idea what was going on but yet they turned around and voted for it. He feels this makes no sense at all. He is thinking either they all talked about it before the meeting tonight which is against State law or they just rubber stamped it. He feels they could do better things with $100,000. Mr. pogg asked if they got bids on the ballfield fence. City Manager Hooper stated they didn't get the bids. The County bid the entire project and the City piggybacked on their low bid. Councilwoman Rhodes spoke about it costing the City money every time they go out for bid. Mr. pogg mentioned the money spent on surveys and questioned if we do any actual projects. Eric Bosse', 2718 Vista Palm Drive, City employee, would like to address Council about refuse. He asked Council to take a good hard look at where we can cut costs and if there are other options such as using private landfills, which are cheaper than the County to get rid of yard waste or possibly getting shredders. He asked the Council to look very hard before they consider privatization. His co-workers are very nervous about losing their jobs, not just refuse workers. He would like the Council to get a good consensus from the residents of this community. He thanked the Council for the job they do. Councilwoman Lichter feels the employees themselves may come up with thoughts the Council hasn't. City Manager Hooper stated they are doing that. He complimented what Mr. Bosse' described. They aren't trying to privatize. It is the Council's duty to spend the public money to find out the best way to do things. Page -19- Council Regular Meeting November 18, 2002 Q o . \ Councilwoman Lichter clarified the employees are being asked to come up with some of their ideas also. City Manager Hooper explained every department does that. Mr. Bosse' stated most of the City employees trust the Council will use some form of judgement when they make decisions and it is not based on personal bias. He again asked the Council to look hard. Councilwoman Rhodes stated privatization never entered her head until she got one of the flyers. She said she never would have considered it. Mr. Bosse' stated he trusts the Council will make the right decision and he asked that they do a little better with the dissemination of information out there. He doesn't know where this got started. Councilman Hammond stated he heard tonight he is supposed to be buying the sanitation trucks. He spoke of being badgered all week. The rumor mill is out there. The citizens do get upset when things go up. Things are subject to change but you have to be prepared for it. Councilwoman Lichter stated every two years the subject has been discussed, but not with the repercussion that just happened. She spoke of changing recycling companies and economy being a factor. City Manager Hooper spoke of Mr. Wadsworth, Ms. Johnson and himself talked to staff that they may talk of if this goes up $4 and they have an outcry from the citizens that they can't stand that, that the employees need to be aware that there are other choices. He feels after that it got a life of its own. ADJOURNMENT There being no further business to discuss, Councilwoman Rhodes moved to adjourn. The meeting adjourned at 9:30 p.m. Minutes submitted by: Lisa Bloomer Page -20- Council Regular Meeting November 18, 2002 o o , , < B. Stormwater Manaqement Master Plan - staff recommendinq approval of the proposal bv PEC to proceed with the Phase I - Task 2 (Aerial Topoqraphic Mappinq) component of the "Plan" at a cost not to exceed $107,990.84 City Manager Hooper made a staff presentation. The City has the opportunity to save a substantial amount of money for these services by partnering with Volusia Count and the City of New Smyrna Beach. Councilwoman Rhodes asked how this will be paid for. City Manager Hooper explained it is coming out of the bond proceeds when they borrowed from FIND. Mayor Schmidt asked how long this will take. City Manager Hooper informed him about 30 days. Mayor Schmidt asked if this depicts the wetlands. City Manager Hooper stated much more detailed than anything we have had. The City has never had one of these done. Councilman Brown stated if they said no, they are going to do this anyway. City Manager Hooper stated they will do the County portion and the New Smyrna Beach portion. He also spoke of errors in the FEMA map. Councilwoman Lichter asked if that has to do with people and their insurance rates. City Manager Hooper stated it has to do with insurance, it has to do with the level in which you fill before you are going to build anything in the ParkTowne Industrial Center, and has to do with even all the way down to the Middle School. What elevations they set is it flows north and flows into that. Councilwoman Lichter asked if we have all of the money from FIND now on hand. City Manager Hooper informed her yes. Councilwoman Lichter moved for approval, second by Councilman Brown. The motion CARRIED 5-0. C. Ballfield Fence - staff recommendinq City piqqy back off the County of Volusia's contract for chain link fencinq, qates and materials and acceptinq proposal from AAA Fence of Daytona Beach, Inc. for the sum of $58,637.40 Page -17- Council Regular Meeting November 18, 2002