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05-19-2008 - Regular ~~ CITY COUNCIL OF EDGEWATER REGULAR MEETING MAY 19, 2008 7:00 P.M. COMMUNITY CENTER MINUTES 1. CALL TO ORDER Mayor Thomas called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Michael Thomas Councilwoman Debra Rogers Councilwoman Gigi Bennington Councilwoman Harriet Rhodes Councilman Ted Cooper Acting City Manager Tracey Barlow City Clerk Bonnie Wenzel City Attorney Carolyn Ansay Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. Mayor Thomas asked everyone to remember our Veterans of Foreign Wars who gave their utmost so we can live free in this country. 2. APPROVAL OF MINUTES A. Regular Meeting of January 28, 2008 Councilman Cooper moved to approve the January 28, 2008 minutes, second by Councilwoman Rhodes. The MOTION CARRIED 5 - 0 . 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DON ATIONS A. The City of Port Orange to present an award of Appreciation to the City of Edgewater's Mayor, City Council and City Manager, acknowledging Page 1 of 17 Council Regular Meeting May 19,2008 continued support or participation in the Regional, Fire, Rescue and EMS partnership Steve Cousins introduced Division Chief Russ Rafferty. Russ Rafferty, Division Chief, Port Orange Fire Rescue, representing the EMS Committee under the 5 city RCC Group, stated they have gathered this day to recognize the State of Florida proclaiming EMS Week from May 18 - 24th. This proclamation highlights EMS agencies in the State of Florida for their dedication and hard work. He is joined today with fire rescue representatives from each of the five participating RCC group cities, Fire Chief Dan Scales, Ponce Inlet; Lieutenant Randy Wright, New Smyrna Beach; Battalion Commander Tad Derr, South Daytona Fire Rescue and Edgewater's Acting Fire Chief Steve Cousins. They have gathered to commend Edgewater's government for its vision of EMS delivery to its citizens and visitors. He thanked Edgewater for it's continued support and participation in the five city regional EMS partnership. Most recently their EMS partnership resulted in Port Orange being recognized in July 2007 as a State of Florida EMS Provider of Year. This award could not have been achieved without all the dedicated teamwork from all of the devoted cities. The City's leadership has allowed them to deliver the highest quality of EMS care in the State of Florida. The local theme for EMS Week is "Saving Lives Through Teamwork." It is readily apparent that this partnership works for everyone. He presented Council with a plaque to commemorate their dedication to EMS care within our community. He then read the plaque. He stated several of their EMS vendors have donated funds for the plaques. They are showing their support and dedication within our area. He thanked the City's commitment for saving lives within our community by allowing their agencies to work as one. B. Mayor to recognize by Proclamation Savannah Weber for her dedication and commitment to the Edgewater Animal Shelter Mayor Thomas asked Savannah Weber to come to the podium and read a proclamation recognizing her for her dedication and commitment to the Edgewater Animal Shelter. He thanked her very much. 4. CITIZEN COMMENTS Page 2 of 17 Council Regular Meeting May 19, 2008 The following citizens spoke: Dominic Capri a , 606 Topside Circle, stated he has been asked by his community to bring the subject up of golf carts. With the gas crisis the way it is, they would like to know what is it legal to drive the golf carts down the main road out of Edgewater Landing to go shopping at Publix. If not why not and what can the City do to change it. Mr. Capria stated the City Charter Review Committee had two meetings and he couldn't attend either one. He is very, very interested in what their recommendations are as far as the election adding one year or subtracting one year. To him that is very, very important. Acting Chief Bill Bennett stated golf carts are not allowed on the street. They are not registered vehicles and don't have the same standard equipment an automobile would have. They are not allowed on the street. Mr. Capria asked if they had that equipment if they would be legal. Mayor Thomas stated it would have to be registered and have a license tag. Mr. Capria stated if it were registered and had that equipment would it be legal. Acting Chief Bennett stated if they could get the vehicle registered and get a tag on it, then he thought they could get it on the street. Bob McIntosh, member of the Charter Review Committee, stated they are presently in meetings and there has been no outcome or decisions made to present to Council. Mayor Thomas thanked Mr. Visconti for the presentation he gave of the video that played before the meeting. Mike Visconti, 316 pine Breeze Drive, presented a history on our war casualties. As of today in Iraq we lost 4,080 lives. He then pointed out other casualties of war with regard to D-Day, 5,221 were killed; Angio Invasion of Italy, 4,400 killed, 18,000 wounded; Hiroshima, 6,825 killed on the first two days of the war and 27,910 have lost their lives; Okinawa in four months time, 7,373 killed, 3,356 wounded. The total American casualties for War World II were 405,399. In the Korean War 36,568 were killed. In Vietnam 58,177 killed. All these precious lives are lost. Why? To save our way of life. To save Page 3 of 17 Council Regular Meeting May 19,2008 our freedoms. The freedoms are not free. He asked to roll the tape in honor of all the Veterans. Councilman Cooper reminded everyone of the Memorial Day Service next Monday at the Edgewater Cemetery. 5. CITY COUNCIL REPORTS Councilwoman Rogers had nothing at this time. Councilwoman Bennington thanked Savannah Weber for a job well done and for the effort she put forth. It is great to see young people that concerned that put forth that effort. Councilwoman Rhodes dittoed what Councilwoman Bennington said. Councilman Cooper also thanked Savannah Weber and read his report into the record. (Attached) Mayor Thomas stated he has had a lot of contact from the citizens and City employees this week. He met with the Chief of Police and Mr. Barlow this morning. They had several things happen this week and the previous week. He commented on vandalism at Veterans Park, Menard Park, the Skateboard Park, Florida Shores on some houses, two vehicles and one boat that were torched in Florida Shores, vandalism at Hawks Park concession stand where they broke in and stole about $635. They had some vandalism at Whistle Stop Park. They hooked to a storm drain evidently with a chain and pulled it out and was trying to steal that. He spoke about needing to find something for the children to do in this town. Acting Police Chief Bennett stated some of the vandalism that have occurred haven't been reported. The bulk they have had over the last six months have occurred in Florida Shores. On May 7th they arrested an individual named Nick Houvardas, 19 year old white male, who was charged two counts of second degree arson and he has additional complaints coming as far as the criminal mischief he confessed to. He implicated some other individuals. As a result of that the matter is still under investigation. The criminal mischief charges against him are going to be 21 misdemeanors, one felony and then six of the individuals that they had approached didn't want to file criminal charges on him. 28 of the vandalisms have been solved and Page 4 of 17 Council Regular Meeting May 19,2008 what this individual and according to him others were doing is they were tagging houses with what they refer to as a gang sign or tagging the house, tagging vehicles, slashing tires. This individual claims to be a portion of a group called DEM, which is Dead End Mafia. He has more problems coming his way. The individuals he discussed with them are under investigation at this time and they are trying to get information to corroborate what he has told them to charge these other individuals. Mayor Thomas commented on going to great extremes to provide these parks for the public and then they have people come in and destroy them. They asked to step up patrols on that. He was pleased with what they have done so far. Councilman Cooper asked if this group spilled over into the schools. Acting Police Chief Bennett stated one individual is 19 years of age and some of the other individuals he has dimed out don't go to school. Mayor Thomas stated the City Manager, himself and Steve Cousins did a walk through at both of the Fire Stations to make sure that we are #1 ready alert for possible wildfires. We don't want something to happen here as it happened in Palm Bay. He commented on the subdivision in Palm Bay being structured like Florida Shores with homes and vacant lots. They spoke to the firemen and got a good update on how they are at level one readiness. They went through everything. We only have so many vehicles, which he listed. He mentioned only having 6 firefighters on duty on a good day. He spoke of being one of the special crews in the State of Florida that all of our people are 100% trained in wildfire fighting. He is proud of that and proud of the firefighters for the job they do. Mayor Thomas stated they could only do so much. We have six people two trucks and that is what happened in Palm Bay is it was going everywhere. They need to get the citizens prepared with Plan A, Plan B and Plan C. He spoke of blowing out the gutters regularly and clearing out vegetation on the side of the house. He spoke of having a generator. There are a lot of things you can do but you can't wait. Acting Fire Chief Steve Cousins stated they appreciated the Mayor coming out and talking to them and getting him up to Page 5 of 17 Council Regular Meeting May 19,2008 speed and bragging a little bit about their folks and the equipment the City has supplied them with. Prevention is the biggest thing they can do. He also commented on clearing out your gutters, not storing wood next to your home if you have a fireplace or making sure the shrubbery around your house is cleared away. All those things allow firefighters to get in and move equipment and allow them enough space to keep the fires way from the home if they have wooded areas next to their home. They need participation from everybody in the community to help themselves and make it more viable when they arrive for that. He commented on there being a lot of good information on the City's website. Acting Fire Chief Cousins commented on what we have in place. He further commented on having the same level of training that the Division of Forestry has. They meet all the certifications. He commented on this being some of the prep they have been doing up to this point. Acting Fire Chief Cousins commented on gearing up the equipment for the folks to wear, rehab equipment and apparatus. He spoke of bringing the maintenance of the vehicles back to the City Barn and the help he has received with preparation with regard to oil changes and going through the trucks inside and out. Mayor Thomas mentioned the room they have full of medical supplies. Acting Fire Chief Cousins encouraged someone to dial 911 if a fire breaks out and not try to put it out themselves. He commented on having an aggressive attack. He encouraged the residents to follow directions and road closings to allow them to get in there and do their job better. He spoke of the undeveloped lots next to the developed lots in Florida Shores and the ordinance the City has on the books that allows the Fire Department to come out and do an assessment. He encouraged anyone that has an issue to contact them. Councilman Cooper commented on meeting with Acting Fire Chief Cousins and there being an interesting program as far as Chain of Command for these wildfires. He asked Acting Fire Chief Cousins to explain the Chain of Command, which he did at this time. He further commented on having an Page 6 of 17 Council Regular Meeting May 19,2008 Incident Management Team. He spoke of being the only group in Volusia County that has this system in place. Mayor Thomas feels we are as prepared as we can be. The City is doing everything it can but the citizens also have to depend on themselves. He spoke about the fire that occurred a week ago. He has asked the Police and Fire to step up the patrols because of the fires being started in Florida Shores. He also spoke about his hunt club sitting in the Lake Ashby fire tower 123 days a year starting May 1 st through August 30th. Acting Fire Chief Cousins stated from a community perspective, if there is anything suspicious, if someone sees a wisp of smoke, he would encourage the residents to call. They would much rather get there and find out it is something or something small and address it. Mayor Thomas commented on a call he received from a gentleman on Queen Palm that had a kitchen fire and him praising the Fire Department. He is very proud of the Fire Department. Councilman Cooper stated our Police and our Fire are some of the best in all the little cities around us. Sometimes we give them a hard time about what it costs for these services but when you need them, money is not an issue and they are doing an excellent job for the community. Mayor Thomas commented on attending the Kids Fishing Derby on Saturday at Kennedy Park. They had 90 children show up and participate. They caught 76 fish. He commented on the kinds of fish they caught. He recognized Leisure Services for the job they did. He commented on there being a prize for every kid. Mayor Thomas then commented on attending the VCOG meeting tonight. They have a Green Committee, which goes along with the Smart Growth principles, which is looking good. 6. CONSENT AGENDA There were no items on the Consent Agenda to be discussed at this time. 7. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS Page 7 of 17 Council Regular Meeting May 19,2008 A. Res. No. 2008-R-05, Michael & Pamelia Gordon requesting abandonment of a portion of the 50- foot unimproved right-of-way known as Thomas Avenue, located south of and adjacent to 2450 S. Ridgewood Avenue City Attorney Ansay read Res. 2008-R-05 into the record. Acting City Manager Barlow made a staff presentation. referred Council to the survey. He Councilwoman Rogers stated there are a couple of other trailer parks on u.s. #1. One at Hotel Avenue and one Connecticut Avenue. She asked if they have looked to if any of those properties also encroach on the right way. Development Services Director Lear informed her don't have access to their surveys to see that. at see of they Councilwoman Rogers was concerned if they grant this they may be setting a precedent for these other properties that are not zoned commercial but are zoned where they have a hotel or the mobile home parks. Her concern is down the road what these future owners are going to ask to do with it and if the City in the future decides they may need to widen some of these side streets that they are gong to lose that opportunity because they are giving up this road right of way. She understood these trailers were existing prior to the current owner but when the trailers are to be removed at some point are they planning to put in trailers or what are they planning on doing with this property in the future. Peter Gordon, son of Michael and pamelia Gordon, resides at 2450 S. Ridgewood Avenue, thanked the Council for hearing this. Carter's Motel is zoned as an MH-1 mobile home park, which has a non-conforming status. As long as the non- conformities are not expanded or the use is not changed it is allowed to operate the way it has. They were given a letter from the City when his parents went to check the title that told his parents this wasn't a problem and that they would be allowed to remove and replace any mobile home on the property with an equal size or smaller unit. Councilwoman Rogers questioned there being no mention of the road right of way at that time. Mr. Gordon stated that was the particular question they brought to the City. Councilwoman Rogers stated just wanting to be able to Page 8 of 17 Council Regular Meeting May 19,2008 replace the trailer and the size of the trailer but not the location of the trailer on the property. Mr. Gordon stated to maintain it's non-conforming status it has to be placed in the same footprint. They cannot change locations. Councilwoman Rogers stated there was not a mention in the letter of the right of way as far as the trailers encroaching. Mr. Gordon stated no, not from the City. His parents took the plat to the City and showed the encroachment and asked if it would be an issue and the City said no. Councilwoman Rogers asked Mr. Lear if the City knew that these trailers did encroach. Mr. Lear informed her they didn't know until they requested the abandonment. Councilwoman Rogers stated her concern is they have a lot of side roads between U.S. #1 and Riverside. They should be made aware of these situations so in the future they have a heads up as to what is going to come down. She believes this is going to open up other property owners that have property similar to Carter's Motel and they will be wanting to do the same thing. Some of these side roads are so narro~ two vehicles can't get down it correctly. She understood if they were to give up the 15 feet they would have 44 feet remaining. Mr. Lear informed her we have a 50-foot right of way now and that it would be 34 feet. Councilwoman Rogers commented on making the side road even less wider. Acting City Manager Barlow pointed out the survey looked like a 60-foot right of way. Councilwoman Rogers stated it said 50 in the legal language. On the survey it talks about 15 point something feet. Acting City Manager Barlow pointed out it would be a case-by-case basis as they go throughout the City an annex additional properties. He commented on this case being since the 70's and it not being discovered until recently. There would be no way for the City to determine if there are any other similar cases throughout the City until they are discovered. Councilwoman Rhodes asked Mr. Gordon if this was found when they purchased the property. Mr. Gordon believed his parents were aware of it but the bank at that time didn't have any problem with it. They have now found that the property is virtually unsaleable with any type of encroachment. Mayor Thomas stated when that property was undeveloped, they set aside roads. He questioned this being their property. They set aside roads in there and that is one Page 9 of 17 Council Regular Meeting May 19,2008 they never used. Mr. Lear informed him it is unimproved, unopened right of way. Councilwoman Bennington asked who owns it. Councilwoman Rogers informed her the City does. Mayor Thomas asked who owned the property before the City owned it. Councilwoman Bennington stated whoever platted it. Mayor Thomas stated and when they platted that subdivision, they platted out the roads and gave the right of way to the City. They want their right of way back. Mr. Lear pointed out at the time it was in the County and then it was annexed in at a later date. Councilwoman Rogers asked if they were down to 34 feet or 44 feet. Acting City Manager Barlow pointed out on the survey that at the to it references 50 feet and at the bottom it references 60 feet. Mr. Lear confirmed it was a 50-foot right of way. Acting City Manager Barlow stated they are looking at 34 feet. Councilwoman Rogers expressed concern with the City growing and the future outlook of having another 20,000 residents, that these side roads are going to have a lot more traffic and here they are narrowing a side road. Councilwoman Bennington pointed out it's not even a road. Councilwoman Rogers stated but it could be something they use later. City Attorney Ansay stated the Land Development Code talks about the criteria they have to apply in deciding whether to vacate or abandon a right of way. She thinks these are fact specific. One of the criteria has to do with the access issue they are raising and whether or not it will affect the access of adjoining property owners. Since this isn't a road, that isn't quite as relevant. If they were faced with an application in the future where they were concerned about that issue and one were to argue that these folks were given the abandonment. She wouldn't worry too much about opening the flood gates because the criteria does allow Council to consider that in future cases. Councilwoman Bennington felt what happened was when that was platted in the County and then these mobile home were put in they weren't measured. They just sort of slowly started encroaching into that without anybody being aware of it. Mr. Gordon stated it was his understanding that when the mobile home were placed where they are they believed they were in the lines. He provided a couple of overhead pictures that show they have maintained a quite large wide area. Page 10 of 17 Council Regular Meeting May 19,2008 Councilwoman Bennington stated it is not a road but she would caution the City in the future that if anybody comes to them with something like this, not to agree that there wouldn't be any problem abandoning it until they check with Planning and the Council. Acting City Manager Barlow stated they didn't give permission that there was no problem with abandonment. They don't have that authority. What that is is the non- conforming status. They further clarified the non- conforming status that was issued to this. Councilwoman Bennington mentioned Mr. Gordon saying his parents were told there wouldn't be any problem with it. Mr. Gordon stated because it has existed for so long. Acting City Manager Barlow stated that is for the non- conforming status but not for the encroachment. Councilwoman Rogers asked if they had received any letters from the adjacent property owners with questions about access. Mr. Lear informed her they had a gentleman come in and ask and they told him the 34 feet would be left over. Councilwoman Rogers stated so this isn't going to adversely affect the adjacent property at all then. Mr. Lear informed her no. Due to there being no comments, Mayor Thomas opened and closed the public hearing. Councilman Cooper commented on seeing where they are angling mobile homes on angles on these lots. He asked if the intention was to put mobile homes in there later on. Mr. Gordon stated by their status they are not allowed. It's a utility corridor is all it is. Councilwoman Rogers asked Mr. Gordon if the exhibit that was just given to them was something he just gave them. Mr. Gordon informed her yes. Councilwoman Rogers feels that helps clarify it. Mr. Gordon apologized. Mayor Thomas entertained a motion. Councilwoman Rhodes moved to approve Res. 2008-R-05, second by Councilwoman Rogers. Page 11 of 17 Council Regular Meeting May 19, 2008 City Attorney Ansay stated also before them is a proposed easement and she asked that any motion for approval be also contingent on the property owner's executing easement in favor of the City because there are utilities underneath that area, that they are agreeing to give the City an easement. Mr. Gordon stated the City may have an easement of the entire 15.7 feet. Councilwoman Rhodes amended her motion to approve the resolution with the easement agreement attached, second by Councilwoman Rogers. The MOTION CARRIED 5 - 0 . 8. BOARD APPOINTMENTS A. Firefighters Pension Board - Mayor Thomas to fill the expired term of Laura Reilly, who seeks reappointment Mayor Thomas nominated Laura Reilly for reappointment Councilwoman Rhodes moved to reappoint Laura Reilly to the Firefighters Pension Board, second by Councilwoman Bennington. The MOTION CARRIED 5 - 0 . 9. OTHER BUSINESS A. Kennedy Park - Authorization for staff to move forward with the Kennedy Park Project, using the revised Conceptual Plan Leisure Services Director Jack Corder made a staff presentation. Mayor Thomas questioned getting rid of the water issue. Mr. Corder informed the water issue was gone. Once the final plan is done with the stormwater it will be more eco friendly because there will be more ways of holding the stormwater from running back into the river. Mayor Thomas entertained a motion. Page 12 of 17 Council Regular Meeting May 19,2008 Councilwoman Rhodes moved for staff to move forward with the Kennedy Park Project, using the revised Conceptual Plan, second by Councilman Cooper. The MOTION CARRIED 5-0. B. Quit Claim Deeds - Approve and authorization for Mayor to execute quit claim deeds to relinquish claim to property affected by the Western Utilities expansion Acting City Manager Barlow made a staff presentation. There was a brief discussion regarding the surveyor making the error, the construction company hiring the surveyor and the City Council hiring the construction company and the survey company's insurance company paying to correct the error. Acting City Manager Barlow confirmed this would be no cost to the City. Councilman Cooper moved to approve quit claim deeds for Parcel #8438-01-00-0810, 8438-01-00-0900, and 8405-00-00- 0030 and authorize the Mayor to execute the documents, second by Councilwoman Rogers. The MOTION CARRIED 5 - 0 . C. Community Development Block Grant (CDBG) Funds - requesting approval of the Annual Plan Worksheet for FY 2008/2009 Acting City Manager Barlow made a staff presentation. Councilwoman Bennington moved to approve the CDBG Funds and the Annual Plan Worksheet for FY 2008-2009, second by Councilwoman Rhodes. The MOTION CARRIED 5-0. Page 13 of 17 Council Regular Meeting May 19,2008 D. Teamsters Contract Ratification - Ratification of the Police Union Contract - This item was continued from the-May 5, 2008 meeting Acting City Manager Barlow made a staff presentation. Jeff Candage, Teamsters Local 385, 126 N. Kirkman Road, Orlando, expressed their appreciation to the City's representatives of the negotiating team, Acting City Manager Barlow, Personnel Director Donna Looney and David Young, the labor attorney. As difficult as it was, it wasn't all that unpleasant. He commented on when they were first contacted by the officers and their principle concern being the continued existence of the Edgewater Police Department and their jobs and careers. In spite of how depressing the economic climate is right now, he thinks the difference between today and six months ago is he thinks there is an element of hope and commitment within the entire City community he thinks they are looking forward to better things. They appreciated the City's patience with them through this process. Councilman Cooper thanked the Teamsters and the Police Department. He feels this was a good contract. It was a give and take negotiation. Councilwoman Bennington stated she is really proud of the whole Police Department for stepping up. They would have liked to have given them a lot more. They appreciate them understanding our economic situation. She thanked them for making this as easy as it was. Mayor Thomas dittoed Councilwoman Bennington's comments. Councilwoman Rhodes also thanked the Police Officers. She knows they took a hit and they can least afford to take a hit. That goes across the board with every City employee. We are getting hit from every direction. They gave up things so they could keep their brother officers employed and to show faith in the City. She hopes they can live up to that faith. Councilwoman Bennington moved to accept the ratification of the Police union contract, second by Councilwoman Rhodes. The MOTION CARRIED 5 - 0 . Page 14 of 17 Council Regular Meeting May 19,2008 10. OFFICER REPORTS A. City Clerk City Clerk Wenzel informed Council she put where she is going with the advisory board applications in their boxes and asked them to take a look at them and see what they think. Councilwoman Bennington felt it was great and felt she should keep going that way. Acting City Manager Barlow also felt they looked extremely well and explained they would be tailored for each board. Councilwoman Bennington liked the explanation on what is expected from the board, which wasn't on the application before. B. City Attorney City Attorney Ansay had nothing at this time. C. City Manager Acting City Manager Barlow stated some of the Council may have received a call from a citizen about one of their apparatus being trapped by a train that was responding to a call. He commented on what the incident was. He has fielded very similar calls from the same individual on multiple occasions through his career in the Fire Chief position. 1) Tentative Agenda Items There were no Tentative Agenda Items to be discussed at this time. 11. CITIZEN COMMENTS The following citizens spoke: Daniel Blazi, Employee Representative for the Teamsters for the Police Department, thanked the Council and Acting City Manager Barlow for a difference in perception. It's amazing what six months can bring you. This meeting is a totally different atmosphere then it was several months ago. He attributed that to and thank the overall and the new management we have in the City with the Chief of Police Page 15 of 17 Council Regular Meeting May 19, 2008 and Acting City Manager. It's a difference in perception. It's a feeling of being part of a team that is there to solve a problem as opposed to making it felt to those officers that they were a symptom of the problem. It's not going to be bright times but at least they can go ahead and work together towards finding solutions to the multiple problems and challenges they are going to be facing. Mayor Thomas stated he was talking to Acting Police Chief Bennett today and he told him that the road officers are participating more in the investigations and help on the vandalism. He said one of the officers came in off duty and helped the detectives. Mr. Blazi recognized that as being Officer Brian Gintz who came in off duty and for no pay. Mayor Thomas was impressed by that. That is what we need in this community. He appreciated that. Dominic Capri a , 606 Topside Circle, thanked the Teamsters and the Police for agreeing to the contract as they did. He thinks it was a great job. He asked approximately the savings for the giveaway on the sick leave and the giveaway on the vacation time that it would save the City to help keep their taxes down. Councilwoman Bennington asked what he meant about giveaway? Mr. Capria meant as a negotiation they gave part of their sick time and they gave part of their vacation time that amounts to dollars and cents. He wanted to know that approximate figure because he would be talking about it when budget time comes up. Acting City Manager Barlow didn't have that figure handy but it was a figure he could certainly come up and call. Mr. Capria told him he didn't have to call and could give it to him at the next meeting or whenever. Pat Card, 3019 Willow Oak Drive, stated on June 14th there is going to be a motorcycle rodeo for the benefit of the torch run for Special Olympics. It will be at the New Smyrna Beach High School. There will be 50 to 100 motorcycle officers from allover the County there. He hoped some of them would find the time to stop by and say hello. They had a really nice law enforcement torch run on the river. He thanked Councilman Cooper for coming and Mayor Thomas was there and made a nice statement. Chris Salamone from New Smyrna Beach is trying real hard to set this up. It will be a good deal. He thought this was their second year for it. Page 16 of 17 Council Regular Meeting May 19,2008 12 . ADJOURNMENT There being no further business to discuss, Councilwoman Rogers moved to adjourn. The meeting adjourned at 8:16 p.m. Minutes submitted by: Lisa Bloomer Page 17 of 17 Council Regular Meeting May 19,2008 COUNCIL MEETING May 19, 2008 Ted Cooper District #4 May 10, 2008 Attended the YMCA Pancake Breakfast. May 14, 2008 As an Elk member and representing the city of Edgewater I want to thank the city's Mothers and Daughters for attending a Mother's day celebration luncheon at our New Lodge on Park Ave. To all departments I personally want to thank you for attending. It was refreshing to see the city take part in a charitable event honoring Mothers Day. My RCC and MPO meeting take place later in this month so I have nothing further to report at this time. The MPO has forwarded a Resolution in support of the Commuter Rail Project and as the committee representative I am asked to present this to Edgewater for consideration. The documentation is attached to my report for the city managers review and later council consideration. Respectfully Submitted: Ted Cooper Councilmen Dist. #4 RESOLUTION NO. A RESOLUTION OF THE CITY OF FLORIDA, SUPPORTING THE CENTRAL FLORIDA COMMUTER RAIL PROJECT. WHEREAS, the Florida Department of Transportation (FDOT) is undertaking the development and implementation of the Central Florida Commuter Rail Project running from DeLand in Vol usia County through Seminole County, and Orange County (including the Cities of Orlando, Maitland and Winter Park) to Poinciana in Osceola County; and WHEREAS, FDOT has reached agreement with CSX Transportation providing for the acquisition of the CSXT's A-Line between Milepost A749.7 near DeLand and A814.1 near Poinciana, a distance of approximately 61.5 miles for the use of the Commuter Rail Project; and WHEREAS, Orange, Seminole, V olusia, and Osceola Counties and the City of Orlando (collectively, the "Local Government Partners") have agreed that the FDOT will be the agency responsible for the design, permitting and construction of the Commuter Rail Project and will be responsible for its operation, management and maintenance for a period of seven years; and WHEREAS, FDOT has agreed to convey the Commuter Rail Project to the Central Florida Commuter Rail Commission (other than the stations, which will be conveyed to the Local Government Partners) after the initial seven years; and WHEREAS, the Commuter Rail Project is described in METROPLAN ORLANDO's Long Range Transportation Plan "Financially Constrained Network" and Volusia County MPO's Year 2025 Long Range Transportation Plan; and WHEREAS, implementation of the Commuter Rail Project will result in overall social and environmental benefits, improve the quality of life in the state, stimulate economic growth, create new employment opportunities, and serve as a positive growth management catalyst; and WHEREAS, the Commuter Rail Project will greatly benefit all of the citizens of and visitors to the Central Florida region, and is needed in order to relieve traffic congestion, provide transportation opportunities, and provide a relief for 1-4 traffic during its reconstruction; and WHEREAS, the Commuter Rail Project will become an integral part of Central Florida's balanced transportation system and, with concurrent development of improvements to roadways and bus transit, will greatly enhance the mobility of the traveling public; and Resolution No. WHEREAS, financial commitments for the Central Florida Commuter Rail Project have been made by the Local Government Partners and state funding is contained in the Five-Year Work Program of the Florida Department of Transportation; and WHEREAS, Congressman Mica and Congresswoman Brown have pledged to secure more than $300 million in federal funding for the Central Florida Commuter Rail Project and, if not used for this project, will be lost to rail transit projects elsewhere in the country; and WHEREAS, it is more critical than ever to provide the traveling public with transportation alternatives as gasoline prices are soaring and new federal air quality standards for ozone put Central Florida at risk of being declared a non-attainment area which could result in sanctions being imposed; and WHEREAS, the Central Florida Commuter Rail Project will support the efforts of Governor Crist's Energy and Climate Change Action Plan, established by Executive Order 07-128, with ambitious goals for reducing statewide green house gas emissions; NOW THEREFORE, BE IT RESOLVED by the City Council (Commission) of the City of , Florida that: Section 1. The City of supports the design, construction, and implementation of the Commuter Rail Project in the Central Florida area; and Section 2. The City of requests the Florida Legislature to approve fair and reasonable insurance provisions for the Central Florida Commuter Rail Project as recommended by the Florida Department of Transportation and consistent with the provisions of the Interlocal Agreement; and Section 3. The City of authorizes Mayor , or his (her) designee to join in efforts with other municipalities throughout Central Florida under the auspices of METROPLAN ORLANDO's Municipal Advisory Committee to support the METRO PLAN ORLANDO Board in making this project a reality. PASSED AND APPROVED by the City Council (Commission) of the City of , Florida this _ day of , 2008. CITY OF . l MAYOR ATTEST: CITY CLERK