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07-20-2009 - Regular CITY COUNCIL OF EDGEWATER REGULAR MEETING JULY 20, 2009 6:00 P.M. COUNCIL CHAMBERS MINUTES 1. CALL TO ORDER Mayor Thomas called the Regular Meeting to order at 6:00 p.m. in the Council Chambers. ROLL CALL Mayor Michael Thomas Councilwoman Debra Rogers Councilwoman Gigi Bennington Councilwoman Harriet Rhodes Councilman Ted Cooper City Manager Tracey Barlow City Clerk Bonnie Wenzel Assistant City Attorney Michael Ciocchetti INVOCATION, PLEDGE OF ALLEGIANCE Present Present Present Excused Present Present Present Present There was a silent invocation and pledge of allegiance to the Flag. 2. APPROVAL OF MINUTES A. Regular Meeting of May 18, 2009 City Clerk Wenzel pointed out on page 19 of the minutes, the word site should be cite. Councilman Cooper moved to approve the May 18, 2009 minutes as presented, second by Counci~woman Bennington. The MOTION CARRIED 4 - 0 . 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DON ATIONS A. Presentation of plaque to Jeanne DelNigro for Ben's services on City Boards Page 1 of 1 Council Regular Meeting July 20, 2009 Mayor Thomas read a plaque for Ben DelNigro's service on City Boards. He then presented the plaque to Mr. DelNigro's wife, Jeanne DelNigro. B. Introduction of Nancy Freeman; Florida Inland Navigation District (FIND) representative for Volusia County Nancy Freeman, FIND representative, spoke of being the County's Representative to the Florida Inland Navigation District. Ms. Freeman stated she has already spoken with City Manager Barlow on some matters that are coming up. She is available and very willing to work with Edgewater and the rest of Volusia County on any of those issues. They had their biggest meeting of the year last month in Brevard County where they reviewed 68 applications for assistance for grants under the Waterway Assistance Program. There were six grant requests from Volusia County. Mayor Thomas stated Ms. Freeman was our State Farm business owner here in Edgewater for a long time. The Governor of the State of Florida appointed Ms. Freeman to this position. He is honored and it makes him proud that she is a resident of Edgewater. He thanked her for her time. C. Presentation of plaque to CAPS by Chief Bennett Mayor Thomas informed Council that Captain David Arcieri would be making the presentation. He then congratulated Captain Arcieri for his promotion to Captain. Captain Arcieri identified the first plaque as being for the participation in the Special Olympics. It was awarded to the Police Department and the CAPS for all the participation and everything they did to make that event a success. Captain Arcieri commented on the second plaque being from the Police Department to the Edgewater Police volunteers Association for their generosity in sponsoring their Officer of the Year Award. They just had their 2008 Officer of the Year luncheon and that would not have been possible without the generous donation made by the Volunteers Association. The plaques were presented to Community Service Officer & CAPS member David Soltz. Page 2 of 2 Council Regular Meeting July 20, 2009 Councilwoman Bennington stated the money that the CAPS raise mostly comes from the House Watch Program when people go on vacation. City Manager Barlow commented on this being another fine example of the volunteers that contribute and make a difference within our community. D. Proclamation supporting the U S Census Bureau for the 2010 Census Mayor Thomas read the proclamation supporting the U S Census Bureau for the 2010 Census. It's paramount that they do this. Jose Martinez, U S Census Bureau, showed a DVD presentation and thanked the Mayor and Council for partnering with them in order to make sure they get an accurate and complete count in Edgewater. He spoke of this being mandated by the Constitution that they take a census every ten years on years ending in zero. It is of the utmost importance that they make sure they count everybody because missing people will mean missing dollars and these people will still be making an impact. They need to make sure they are counted. Councilwoman Bennington stated the Census also affects them directly because they do their voting districts by the Census. Mayor Thomas stated New Smyrna only has 300 residents above us. When they go to the VCOG it's how much clout and Edgewater is a growing City. We are like the sixth largest city in Volusia County. We are growing and we need to have that clout. He encouraged people to not be bypassed in the Census. 4. CITIZEN COMMENTS The following citizens spoke: Bill Glaser, 1703 Needle Palm Drive, asked if the residents are permitted to ask questions of City employees about City business on the street or through e-mail. City Manager Barlow informed him yes. Mr. Glaser asked if there is a protocol in order to get an answer to their question. Councilwoman Bennington thought the Department Head should be whom he would direct his question to. Mr. Glaser stated Page 3 of 3 Council Regular Meeting July 20, 2009 he asked a question on June 28th and he hasn't received an answer. City Manager Barlow stated he routinely responds and he did receive Mr. Glaser's e-mail but it has been a lower priority based on everything else that has come about. He recalled Mr. Glaser wanting him to ask the City Attorney to clarify a section of the Code as to what he interpreted. Mr. Glaser informed him it was the second question, which was something is done by a City employee took two days sitting in a City pickup truck. City Manager Barlow referred his question to the City Clerk because he believed he was requesting a record. City Clerk Wenzel stated the record was provided by Mayor Thomas to Mr. Glaser. Mr. Glaser stated the question was since this was a task directed by an elected official of the City, he asked if this record should be a public record and reside at City Hall rather than at the Mayor's residence. City Manager Barlow stated it could be. He didn't know the legalities there. Mr. Glaser stated Mayor Thomas gave him a 3 X 3 piece of paper with some figures scribbled on it and he didn't know where the figures came from. It took him six questions to find out that the guy that did the survey used tally counters to count the traffic. He assumed somebody took those numbers off the tally counters and put them on a piece of paper. He wanted to know if the numbers on that piece of paper were the true numbers that were taken by the guy that did the traffic survey. Steven Zarrelli, 3403 Juniper Drive, stated he had spoken to Councilman Cooper about a week or two ago and he was trying to do some research with Florida Power & Light and their so-called solar power energy reassurance. They had a gentleman come out and he did a survey of his home. He spoke of this being very disconcerning. He was informed if he stayed in the home for 25 years he would make some money. The problem is that the system is going to cost between $30,000 and $40,000. He thought that was way off. He started doing some research on the Internet and he is looking into a few corporations that can get him some new updated schematics and layouts of current existing solar Page 4 of 4 Council Regular Meeting July 20, 2009 property or solar systems, active or passive. He is looking for more corporations that do this as well as to find out what the City of Edgewater would be doing if they are running power lights or lighting for baseball fields or tennis courts as to how much money they can get back from Florida Power & Light. He is trying to utilize what is best for the City. The frustrating thing for him is he really didn't get a positive answer from FP&L. It looks like the only way they are going to get this accomplished is to take the ball and run with it themselves. He commented on the research he has been doing on corporations and spoke of finding out that two companies in Colorado really weren't companies. He is trying to get his money back for the products he tried to purchase. There are a lot of scams out there. They have to be very careful. He is looking into new solar systems and new upgrades that not only the City can use but the resident person can use as well. Councilman Cooper commented on Governor Christ putting out a program with quite a bit of money for partnering up with FP&L and energy based companies throughout the State of Florida. They were pushing solar because that is the most economic here in Florida. He spoke of getting the run around and they were all saying astronomical amounts of money. This technology has been paid down for a long time now. It is going to take a small businessman to start up his own solar panel company and prepare it in the areas. There are laws on the books that were passed during Reagan's era that FP&L would have to honor. They had hoped to put the City on it but even better they wanted to put blocks of communities on it and get this grant money that is still just sitting there. He spoke of FP&L having to buy the energy back. It is stuff they really should be looking at. He was hoping Mr. Zarrelli would be starting a company like that and he wished him all the success in the world. City Manager Barlow commented on meeting with a consultant and providing some preliminary information to him. He is supposed to give a price and come in to do an energy conservation survey for efficiencies here within all the City facilities as well as look at opportunities for the alternative energy. We are waiting for a response from him as far as the cost to do the survey itself. Page 5 of 5 Council Regular Meeting July 20, 2009 Dominic Capri a , 606 Topside Circle, stated he is very disappointed when someone gets up to make comments and the bell rings at three minutes with no one answering the question that was asked, except for some people. He feels this is a big problem. He commented on the people getting totally disgusted. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA City Manager Barlow stated staff would like to pull Item BE and will reschedule it at a later time. 6. CITY COUNCIL REPORTS Councilman Cooper stated the MPO doesn't meet in July. He updated Council on the meeting in June where the Census was the main topic. Councilman Cooper commented on the WAV meeting he attended for the Mayor. He spoke of the County imposing two day watering for everybody outside the chartered areas. They are going to impose it with fines. City Manager Barlow confirmed with Environmental Services Director Brenda Dewees that they were going to allow potable water for two days and reclaimed water for three days. Ms. Dewees confirmed that was correct. Councilman Cooper commented on multiple meetings with the noise abatement problem. He mentioned citizens bringing up the issues of the noise at the airport and the planes doing touch and gos at Massey Airport. The FAA has their controls. Once a plane is off the ground there isn't much they can do. The flight schools are coming together to come up with a uniform code. They are hoping to get better control that way. Councilman Cooper reported on the YMCA meeting he attended last month. They are still looking for members. Councilwoman Rogers had nothing at this time. Councilwoman Bennington asked if they could please notify the newspapers that they could be held liable for littering. Her husband had a run in with somebody delivering and they didn't know anything about it. They were from the Hometown News and made the comment that somebody should have notified the paper. She asked that Page 6 of 6 Council Regular Meeting July 20, 2009 all the papers be sent a letter and make it official so everybody can say they have been notified. City Manager Barlow agreed to send them a letter and thought she put them on notice this evening as the News Journal and Observer representatives were at the meeting. Councilwoman Bennington thought they already had but the information is not getting to the carriers. Councilwoman Bennington thanked the Fire Department for the wonderful 4th of July. The fireworks were spectacular and the whole day was a success. Councilwoman Bennington then thanked the CAPS for the job they do. She doesn't think the people realize the burden they take off the police by doing the amount of work that they do. They need volunteers too. If anybody wants to join they are more than happy to accept applicants. Councilwoman Bennington asked someone to please oil the Mayor's chair because of it squeaking. Mayor Thomas stated at the last VCOG meeting he presented with a thank you from the United Way. the City employees give a lot to the United Way proud of them for doing that. was He stated and he was Mayor Thomas also commented on the fireworks. It was an awesome display. It was done by public donations. He asked if they had a report as to if they made any money. City Manager Barlow stated he received a request from the Association for a donation to help offset some of the cost. It was a very successful event. The coordination by the Fire Rescue Association and a contribution of all the citizens and businesses alike within the Southeast Volusia area made it happen this year. Mayor Thomas commented on the flaws with the boat ramp at Kennedy Park. He reported that they have all been corrected. He has been patrolling the boat ramp. He further commented on the corrections that were made. It was done two days later and he was proud of the City employees for doing that. Mayor Thomas stated our ballfields are immaculate. They are the best ballfields he has ever seen in his life. They Page 7 of 7 Council Regular Meeting July 20, 2009 just hosted a countywide tournament and they are also hosting the sectionals. The City employees do such a good job. He felt if people haven't seen them they need to. Mayor Thomas stated last week they had information given by the Marine Science Center. He was contacted by the Director a couple of months ago and they did a presentation and it is really informative. Because the presentation was supposed to be an hour but only turned out to be a half hour, he would like for them to do a presentation at a Council Meeting. 7. CONSENT AGENDA A. Satisfaction of Mortgage - Approval and authorization for the Mayor and City Manager to execute the Satisfaction of Mortgage for Edgewater Industrial Park, LLC and the Warranty Deed transferring mineral rights that were previously omitted City Manager Barlow made a staff presentation. Councilwoman Bennington made a motion that they accept the Satisfaction of Mortgage, second by Councibnan Cooper. The MOTION CARRIED 4 - 0 . 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 1st Reading, Ordinance No. 2009-0-05, Amending and Restating Chapter 12.5 (Parks and Recreation) of the Code of Ordinances Assistant City Attorney Ciocchetti read Ord. 2009-0-05 into the record. City Manager Barlow made a staff presentation. Councilman Cooper thought the public might want to give feedback on opening up the parks on Riverside for animals. Councilwoman Bennington informed him just dogs. City Manager Barlow also confirmed it was leashed dogs. Councilman Cooper commented on the concern they had of people picking up after their dogs. Page 8 of 8 Council Regular Meeting July 20, 2009 Councilwoman Bennington asked why they are deleting a lot of by-laws out of the ordinances. City Manager Barlow explained that by-laws are traditionally adopted by resolution. These give direction to the board on how they act verses a law on the books for the citizens to abide by. Councilwoman Bennington then asked Leisure Services Director Corder when they allow these dogs in our parks and she knows in the audience there are conditions that if the owners don't pick up after them, how are they going to enforce this. Mr. Corder informed her that was always a concern. The plan is when they implement this program Animal Control will be heavily patrolling the area and they will be citing people to get their point across to start with and they will have a fine to pay. Councilwoman Bennington asked if they were going to be providing bags. Mr. Corder informed her waste bags would be placed in areas along the walk. There have already been new trash dispensers put out in several areas out there. They are getting ready for this to keep them clean. Councilwoman Bennington saw a gentleman walking two dogs on her way to the meeting tonight and one of the dogs was using the bathroom and the gentleman didn't have any bags in his hands. Mr. Corder commented on that being a problem for years. He spoke of having a stronger policy for enforcement. Councilwoman Bennington is a firm believer that there's no sense having these restrictions if they aren't going to enforce them. Councilman Cooper stated he was under the assumption if it was going to be abused they would end up retracting the resolution. Mr. Corder explained this ordinance cleans up what is already going on out there. Councilwoman Rogers stated people are already walking their dogs and going into the park and most people aren't even aware that there is an ordinance. She was the one that brought this to everyone's attention because someone said she was walking her five-pound dog in the park. She was seeing everyone else walking in the park and she is a Councilperson and didn't realize she couldn't. She was just doing what everyone else was doing. Now they are making it legal and they are going to provide bags and they Page 9 of 9 Council Regular Meeting July 20, 2009 will have receptacles in various locations so this will be maintained. Councilman Cooper feels it is a great thing and as long as everyone takes some personal responsibility, they won't have a problem. Mayor Thomas asked for public comment. Elizabeth DiMascio, 1918 S. Riverside Drive, mentioned having scented bags and she even thought they were cheaper. Councilwoman Rogers commented on having scented bags at the Dune Park in New Smyrna. Ms. DiMascio commented on the boat ramp. She said it is really pretty and nicely designed. She spoke of the parking being organized. There was a table on the end that had bait and asked who polices that park. Mayor Thomas stated they do pick it up on Monday. Mr. Corder stated it is currently on the books that they aren't supposed to be cleaning fish in the parks. Ms. DiMascio informed him it was bait. Mr. Corder stated anything aquatic they aren't supposed to be cleaning in the parks so they could be cited for that too if they can catch them. Ms. DiMascio suggested putting a sign in the park that says to clean up the bait mess. Mr. Corder informed her he has been waiting on the new ordinance but the will put a sign over there. There were no further comments. Councilwoman Rogers stated under adoption they have listed during the August 17th meeting. It needs to be changed to August 10th if that is when there meeting is going to be. The adoption under Part F on page 6 of the ordinance needs to be changed from August 17th to August 10th. Mayor Thomas entertained a motion. Councilwoman Rogers moved to adopt Ord. 2009-0-05, second by Councilman Cooper. The MOTION CARRIED 4 - 0 . Page 10 of 10 Council Regular Meeting July 20, 2009 B. 2nd Reading, Ordinance No. 2008-0-05, James C. and Rosemary Carder requesting an amendment to the Comprehensive Plan Future Land Use Map to include 29.67~ acres of land located east of US Highway 1 and north of Godfrey Road as Commercial with Conservation Overlay Assistant City Attorney Ciocchetti read Ord. 2008-0-05 into the record. City Manager Barlow made a staff presentation. Due to there being no comments, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilwoman Bennington moved to approve Ord. 2008-0-05, second by Councilman Cooper. The MOTION CARRIED 4 - 0 . C. 2nd Reading, Ordinance No. 2008-0-09, James C. Carder requesting an amendment to the Official Zoning Map to include 29.67~ acres of land located east of US Highway 1 and north of Godfrey Road as B-3 (Highway Commercial) and R-1 (Single Family Residential) Assistant City Attorney Ciocchetti read Ord. 2008-0-09 into the record. City Manager Barlow made a staff presentation. Due to there being no comments, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilman Cooper moved to approve Ordinance 2008-0-09, second by Counci~woman Bennington. The MOTION CARRIED 4 - 0 . D. Resolution No. 2009-R-17, Approving the Local Agency Program Agreement (LAP), FPN 426521-58-01 between the City and FDOT to facilitate the US Highway 1 Sidewalk Project Page 11 of 11 Council Regular Meeting July 20, 2009 Assistant City Attorney Ciocchetti read Res. 2009-R-17 into the record. City Manager Barlow made a staff presentation. Councilman Cooper questioned this being a total grant. City Manager Barlow informed him it was a total grant. Councilwoman Bennington asked who does the work. City Manager Barlow informed her they would contract that out. Councilwoman Rogers questioned not using the employees to do this. City Manager Barlow informed her our employees would manage this due to not having the resources to pour sidewalks. That is the whole purpose of these federal stimulus grants is to put workers back on the job. Councilwoman Rogers commented on subbing it out and bypassing the contractor and the percentage then that means the money is going to be saved so they aren't going to utilize all of these funds for this and they will have a management fee that the City will be able to receive as revenue. City Manager Barlow stated the contractor would be the one to do the sidewalk itself. Councilwoman Rogers stated he just said the City employees would be managing this and asked him why he would have the City employees managing it and a contractor at the same time. There would be some savings and it would then be received and probably most likely put into the General Fund. City Manager Barlow informed her their costs for management would offset as reimbursement. That is built into the grant application. Development Services Director Lear informed Council the contractor had to be DOT certified and nobody in the City is DOT certified to do work within their right-of-way. Councilwoman Rogers stated but if City employees are going to be managing it there is still going to be time used of the employees that will then be paid for by the funds from this grant. City Manager Barlow commented on Tommy Smith overseeing the contractor. Mr. Lear informed them he would be doing the inspecting basically. Councilwoman Bennington stated they have to spend all of the money in the grant. If they go under what the grant is for, do they get to keep it? City Manager Barlow informed her they only get reimbursed for what they expend of the federal dollars. Page 12 of 12 Council Regular Meeting July 20, 2009 Councilwoman Rogers stated but there will be City employees time that will be quantified and that can be billed back on this grant. City Manager Barlow commented on another grant they are working for the Eastern Shores Stormwater project. A lot of that work can be done with City employees and that time is reimbursed through the grant. Mayor Thomas asked for public comment. The following citizens spoke: Dominic Capri a , 606 Topside Circle, stated if the grant money and our employees will be paid through this grant money, and he knows it is not going to be a lot of money. He was informed it would be a lot of money. Mr. Capria asked if they were taking that into consideration when thy do this budget. City Manager Barlow stated the contribution from the City to oversee some of this is very minimal. Most of the dollars are going to be in the concrete and the site work that the contractor will be doing. with a federal grant, we only get reimbursed for what we expend. If they generate any interest off of it, they have to reimburse the interest as well. Steven Zarrelli, 3403 Juniper Drive, asked if the grant moneys are similar to a non-profit organization. He asked when the bidding would begin and if they had specific preferred vendors that are going to be bidding on this project? City Manager Barlow stated they don't have dates set on the bid yet. This is step one to get the Council to accept it. We do not have preferred vendors on this project. He further explained the money being specific to the project. Mayor Thomas closed the public hearing and entertained a motion. Councilwoman Bennington moved to approve Resolution 2009-R- 17, second by Councilman Cooper. The MOTION CARRIED 4 - 0 . E. Resolution No. 2009-R-18, Updating the existing Purchasing Policy dated April 21, 2008 Page 13 of 13 Council Regular Meeting July 20, 2009 This item was pulled from the agenda and would be rescheduled to a later date. 9. BOARD APPOINTMENTS City Clerk Wenzel informed Council that when the Code Enforcement Board made their recommendations they were both a couple of months ago at two separate meetings where there was only one application. Since their recommendation was made, they got more applications in. They put it on the website and in the newsletter that they were looking for applicants. They received several applications in and they were provided to Council. One of the applicants is not eligible for the Code Board as he does not live in the City limits. City Manager Barlow asked if any of those applicants are on other boards that would be in conflict as dual office holding. City Clerk Wenzel didn't think so. She believed they were all new. City Manager Barlow thought he saw Mrs. DelNigro and she is currently on the Police Pension Board. If she is on the Police Pension Board she would not be eligible for the Code Enforcement Board because that would be dual office holding. City Clerk Wenzel stated unless she resigned from the Police Pension Board. City Manager Barlow stated that hasn't happened so she is not eligible. Councilwoman Bennington questioned her not being eligible until she resigns. City Manager Barlow informed her that was correct. A. Citizen Code Enforcement Board - Councilwoman Rogers' appointment due to the resignation of Lawrence Leaf. This item was continued from the June 15, 2009 meeting. Councilwoman Rogers stated her concern is that she is looking at the Code Board recommendation and she was told that the recommendation was the only person that had applied for this Board and now they have several applications attached to the back of this. At the same time they have an individual who has expressed an interest to be appointed to this Board and seeing that they have a handful of people that wanted to be on this Board and at the time of the Code Board's recommendation they only had Page 14 of 14 Council Regular Meeting July 20, 2009 one person, she felt they should postpone this. City Clerk Wenzel informed her they have not been able to have a Code Enforcement Board meeting because they do not have enough members to have a quorum. Councilwoman Rogers asked how they had enough members to make these recommendations. City Clerk Wenzel stated these were done back in May and June. For the August meeting, at this point they do not have a quorum to have their meeting. Councilwoman Rogers then questioned what the time frame was from the time that person resigns to the time they can appoint them needs to take place legally. City Manager Barlow stated it could be immediately. Jeanne DelNigro, 3130 Tamarind Drive, asked if she resigned from the Pension Board immediately would her application be able to go forward with an appointment if they decide to put her on. City Manager Barlow informed her he believed she would be eligible but asked if she could stand there and resign from the Police Pension Board if the Chairman isn't there to accept her resignation. Assistant City Attorney Ciocchetti stated the more cautious route would be to have acceptance of that at a formal meeting. Ms. DelNigro asked Larry Leaf if he had to do that and he informed her he did not. City Clerk Wenzel stated he provided a letter to the Code Board. City Manager Barlow stated the whole reason he brought that up. He spoke of replacing Mr. Leaf's position because of the dual office holding. He doesn't want to create the same situation they are undoing tonight. He informed Ms. DelNigro if she was appointed to the Code Board tonight she would be in violation of the law. Ms. DelNigro didn't understand. Assistant City Attorney Ciocchetti explained as a technical matter, her resignation would be effective immediately but in a formal board process that is where it is actually accepted. He was unaware of any general opinion on which to provide guidance on it. He has never faced this and as many times with the law he would have to research it. Councilman Cooper asked if they have a quorum if they appoint one member because there are two members for this board to be appointed and then allow Ms. DelNigro to resign the next month and reapply. He pointed out that one of the Page 15 of 15 Council Regular Meeting July 20, 2009 appointments they are doing tonight was continued for a month due to Councilwoman Rogers not being present a the June 15th meeting. Councilwoman Bennington thought the Code Board had to have five members to have a quorum. There are seven that serve on the Board. Councilman Cooper commented on Ms. DelNigro really wanting to serve on this Board. Let her resign from the other board, they will appointment one members tonight and let her take the second one. Mayor Thomas stated he would be cautious about that. They just got an opinion from the attorney. Councilman Cooper stated but that would give her thirty days and that solves the problem. Councilman Cooper felt they should table this. Councilwoman Bennington thought it had already been tabled twice. Councilwoman Rogers stated hers was tabled because she was on vacation last month. Councilman Cooper suggested they table Councilwoman Bennington's appointment and let Councilwoman Rogers do hers. Councilwoman Bennington didn't want to do that. She was ready to make her appointment. Councilwoman Bennington stated if Councilwoman Rogers wanted it tabled she should ask and they could table it. Councilwoman Rogers stated she did ask and they already gave the response, which is if they get tabled the Code Enforcement Board cannot meet again because they won't have a quorum. Councilwoman Rogers stated they have to make a decision. She was going to make her decision and then Councilwoman Bennington could make hers to table it and then they accomplish what it is they set to accomplish. Councilwoman Rogers nominated Sherry Lester to serve on the Citizen Code Enforcement Board to fu~fi~~ the remainder of Lawrence Leaf's term. Councilwoman Rogers told Councilwoman Bennington she could table hers so that Ms. DelNigro could do it. Councilwoman Bennington again stated she didn't want to table hers. Page 16 of 16 Council Regular Meeting July 20, 2009 The motion was seconded by Councilman Cooper. The MOTION CARRIED 4 - 0 . B. Citizen Code Enforcement Board - Councilwoman Bennington's appointment due to the passing of Ben DelNigro Councilwoman Bennington stated she knows Mrs. DelNigro would make a good member but she has one problem with it. They just got her application, which was dated July 17th. These came with the agenda after the agenda was closed. Can they legally look at something they get after it was closed? City Clerk Wenzel referred her to Assistant City Attorney Ciocchetti on that. Assistant City Attorney Ciocchetti stated from a legal perspective, yes they can. Councilwoman Rogers asked when the last time was that the Code Enforcement Board met because they had a quorum. City Clerk Wenzel and City Manager Barlow informed her it was on June 25th. Councilwoman Bennington and Councilwoman Rogers both thought the last meeting was in May. Councilwoman Rogers stated they have applications stapled to the agenda requests that are dated after June 25th. She was confused because if they aren't able to look at them because of the dates. City Manager Barlow and Councilwoman Bennington both informed her Assistant City Attorney Ciocchetti said they could look at them. Councilwoman Bennington had no problem with Ms. DelNigro serving on the Code Enforcement Board but she wanted to make sure they were covered legally with her going officially and resigning before they appoint her to another board. Councilwoman Bennington nominated Gail Anderson, second by Councilman Cooper. The MOTION CARRIED 4 - o. C. Economic Development Board - Councilman Cooper's appointment due to the resignation of John Nelson Page 17 of 17 Council Regular Meeting July 20, 2009 Councilman Cooper moved to appoint Susan Persis to the Economic Deve20pment Board, second by Counci2woman Bennington. The MOTION CARRIED 4 - 0 . 10. OTHER BUSINESS A. VGMC Rules of Procedures - Re-affirming Resolution No. 2009-R-03, recommending certain changes to the Rules of Procedures City Manager Barlow made a staff presentation. Councilman Cooper commented on concerns in losing authority and control over to the VGMC and that is why they adopted the resolution for many particular points, not just this one particular avenue. He spoke of being more concerned with not needing another governing organization stepping allover anything that might happen in Edgewater. He understood that is why they affirmed what they affirmed. City Manager Barlow informed him he was correct. That was all in the original resolution. The only piece of the original resolution they are looking at is the citizen standing. As it relates to future land use amendments and everything else it needs to be addressed on a local level. Due to there being no comments, Mayor Thomas entertained a motion. Councilman Cooper moved to re-affirm their original position as was unanimous2y adopted with Reso2ution 2009-R- 03 on February 17, 2009, second by Counci2woman Rogers. The MOTION CARRIED 4 - 0 . B. Persimmon Place Wastewater System Improvement Agreement - Approval of an Agreement between the City and the Persimmon Place Homeowners Association for repair and improvement to their wastewater collection facility City Manager Barlow made a staff presentation. There was a brief discussion regarding the pricing. Page 18 of 18 Council Regular Meeting July 20, 2009 Due to there being no comments, Mayor Thomas entertained a motion. Councilwoman Bennington made a motion to authorize the Mayor to execute the Agreement for the ~rovements to the Persimmon Place Wastewater Collection Facility, second by Councilwoman Rogers. The MOTION CARRIED 4 - 0 . C. Mixer Purchase - Authorization to purchase a new mixer at the Wastewater Treatment Plant in the amount of $43,682.00 City Manager Barlow made a staff presentation. Councilman Cooper asked about down time. Environmental Services Director Brenda Dewees informed him they have two treatment trains to the process. They have one treatment train running. They did manage to get this particular mixer up and running. It's in need of dire repair. It is on it's last leg. Councilman Cooper questioned this being a non-budgetary item. City Manager Barlow informed him they would take the funds from a capital project, which was the Southeast Service Area improvements applied towards here. They also have a grant out for some improvements to the Southeast Service Area, which will be tanks and pumps. Best-case scenario is they will take this money and apply it towards the mixers as they get the grant and still move that other capital project forward. Councilwoman Bennington stated he said in the best-case scenario. She asked what the worse case scenario was. City Manager Barlow informed her they would have to scrounge around and find more money to reallocate the southeast project to move it forward. They have a little bit of time there because development hasn't taken off yet to the south. Councilwoman Bennington questioned if they were going to budget to gradually start replacing these since they are so old. Ms. Dewees informed her there are two treatment trains this would replace one of those in one side of the treatment train and the intent was to try and replace the other three next year. Page 19 of 19 Council Regular Meeting July 20, 2009 Due to there being no further comments, Mayor Thomas entertained a motion. Councilwoman Bennington moved to authorize the emergency purchase of the mixer at the Wastewater Treatment P~ant in the amount of $43,682, second by Councilman Cooper. The MOTION CARRIED 4 - 0 . Mayor Thomas recognized County Councilman Jack Hayman who represents and also lives in Edgewater who was in the audience. Mayor Thomas called a ten-minute recess at this time. The meeting recessed at 7:30 p.m. and reconvened at 7:41 p.m. D. Millage Rate - Authorize the Millage rates for advertisement Finance Director John McKinney made a staff presentation by going through a Powerpoint Presentation regarding property taxes and where we were, where we are and where we are going as far as property taxes. (Attached) Finance Director McKinney informed him they were here tonight to determine not what they were going to make the budget but what they were going to advertise to be included in the TRIM notice. This is the maximum millage. The millage they set today if they come back in the budget workshops with things that need to be done with relation to the General Fund, if they set a millage rate of 6% tonight and it takes $7.00 per $1,000 to do it they would have to pay to send a notice to every resident within the City of Edgewater about this change. Their roll back rate based on bringing the same amount of ad valorem revenue that we took in last year; not including new construction is $7.1297 mills. He stated he and City Manager Barlow feel pretty confident that they can ask the Council tonight to set a tentative millage rate of $6.9 mills per $1,000 of assessed value. Finance Director McKinney further discussed the commercial properties and how the millage rate would affect them. Finance Director McKinney stated they adopted a budget last year of $13,547,547. Right now at $5.9 mills, our total Page 20 of 20 Council Regular Meeting July 20, 2009 revenue next year is $12,111,513 for a difference of $1,436,034. Finance Director McKinney then commented on the Tax Collections FY2010 for 2009 Property Tax Year, which was included in the Powerpoint Presentation. Finance Director McKinney stated he believed they could balance the budget somewhere less than rollback. He wanted permission to advertise at $6.9 mills per $1,000 of assessed value for the Edgewater General Fund Operating Millage. He spoke of additional information he has received since he did the agenda item. Finance Director McKinney stated he stated in his agenda item that $7.1297 per $1,000 would be the roll back but based on what they have done this afternoon they do feel pretty confident that they can come back at less than roll back which is something none of their other neighboring cities or the County has been able to accomplish. Councilwoman Bennington questioned if it would be better if they aim to bring it in at the $6.9 and advertise it at the roll back rate. City Manager Barlow informed her they could advertise at the roll back rate of $7.1297 and still through the budget process aim to lower that. They are confident they can do that. Councilwoman Bennington would rather them advertise it at the roll back rate and then lower it when they actually do it. She would like to have a little cushion. As a City Councilperson she wanted to instruct staff to go for the lower rate. City Manager Barlow stated if the majority of the Council decides to land at the roll back rate of $7.1297 he can tell them they feel very confident they can bring a balanced budget below that without affecting services as they know them today. They are still going through the budget process. They meet tomorrow with our health care carrier, our insurance, and they will have some good numbers there. He was concerned about that because they didn't have a very good claims history last year. They had a lot of claims last year so they will see some increase there. They feel confident they can bring back a budget below roll back. Finance Director McKinney then made a presentation on the Voted Debt Service millage rate. He needed Council to set the Voted Debt Service millage rate at $0.0382 per $1,000 of assessed value based on the sale of the Limited General Page 21 of 21 Council Regular Meeting July 20, 2009 Obligation Note Payable of 2007. This would generate $31,414, which covers the principle and interest of that debt service for next fiscal year. The Voted Debt Service millage rate they don't have any leeway on. Councilman Cooper agreed with Councilwoman Bennington regarding the advertised rate. He doesn't like the 6.1 or 6.9 to be the final number. He thinks what they are going to be forced to do is they are going to have to look at the budget and things are going to be brought forward on how many people aren't going to be able to pay their taxes this year. They may have to look at cut backs and rollbacks and salary caps. The majority of the residents right now are getting hit so bad and the money isn't there. They are going to have to do a real hard job. They may really have to tighten the belts and operate on less until they get through these times. They say well into 2011 and 2012 before it starts to reverse itself. They can't go on imagining it is going to be business as usual. They have been dealt a hand that they aren't going to have a lot of choices in. He doesn't care what the advertised rate is going to be wants everyone in Edgewater to attend these budget hearings because a lot of things are going to have to come out. Councilwoman Rogers commented on her taxes going up last year, even with the double homestead. For a lot of residents, their taxes went up. Tonight they have the Mayor signing a satisfaction of mortgage and basically that is 1.9 million that they aren't going to receive this year that they received last year that was buried in the General Fund. They didn't do what they should have done last year so now the problem is bigger this year and is going to keep getting bigger. People are losing jobs, sales, businesses going down. She spoke of how this is affecting her. They have made so many mistakes in the past and they never paid the piper. It is like they are in a rut. We have a grave open at both ends and they keep digging it bigger trying to protect this and protect that. In the end it is the employees of this City that still have the jobs and the pensions and the health insurance. What about the number of citizens out there that don't have that? Look at the number of foreclosures we have. They need to get the Code Enforcement Board to get back into meetings because of all the foreclosures in Florida Shores. Everybody else is having to deal with things and they need to deal with things. She then spoke about the City of New Smyrna Beach Page 22 of 22 Council Regular Meeting July 20, 2009 having 200 people storm City Hall. They had an attorney come forward telling the Council they needed to reduce that budget by $1 million. Unfortunately they don't have those kind of people coming to Edgewater. What they are doing is they are crying and complaining. They aren't coming here because their feeling is they are going to do exactly what staff recommends. We have happy employees. If the people that have lost their jobs in the City of Edgewater worked for the City they would be happy too. They have to do something here. We have the highest millage rate in the County. What their rate was last year, they need to start with that rate. She spoke of the public hearing from last year and what they said they were going to do last year they didn't do it. They have to start doing something now. They just recently approved something that they hope is going to be paid for. They don't even have their capital account set up correctly so when assets and equipment are getting retired they have the funds sitting there. They just keep pushing it off and talking about this pie in the sky theory. It is not happening. People have to cut back today. People are budgeting today. People are going to the grocery stores with lists. They are making a menu and buying their groceries according to that. The City of Edgewater needs to do the same thing. If that means reducing the garbage service to one day a week, if that means the citizens need to do a little more kicking in, she thinks it is something they need to do. This is not just a City issue. This is an issue with all taxing authorities. People are so fed up with government and taxes that they aren't here. They don't have anybody here. It is pitiful. She wont' be retiring in this City. Her house is on the market. She won't be retiring in this City because she doesn't see how she will be able to afford it when she is in her 60's and 70's. She just left a State that passed a House Bill where they went back to the old taxable values and the millage there is .33. City Manager Barlow didn't disagree. Over the last year and a half staff has done everything they possibly can to consolidate positions. We have multiple staff doing multiple jobs. He pointed out the fact that there is no secretary in the City Manager's department. He does his own correspondence. Every opportunity they have for efficiency as they try to extrapolate on that. They replaced a lot of full time positions with part time positions without the benefits. There are numerous positions they have not filled which amounts to 10% of the Page 23 of 23 Council Regular Meeting July 20, 2009 work force. We are a full service City. If Council is looking to cut some services, they are there. They are borderline. They have done everything they possibly can to maintain those services. He benchmarked our community to some of our neighboring communities throughout the County with a similar size population. We are totally a full service City with 180 employees. He compared us to a City half our size and they have 120 employees. Another City with similar population on the west side laid off 10 employees which brings them down to 310 employees and they don't even have their own garbage collection. They have done everything they possibly can for efficiencies to maintain those level of services they appreciate here. The challenges here are the demographics. A majority of our properties are homesteaded residential properties and not commercial properties. He thinks they have some things coming in the future. They are planting those seeds to try to change some of the taxing demographics and attract some commercial. He commented on efforts being made to attract commercial businesses. He spoke of the recommendation at $6.9 and the $111,000 deficit from last year's revenue as it relates to ad valorem tax and they are going to look for those deficiencies because they understand that is what is going to maintain and continue our City to be sustainable. He cautioned Council that staff is doing everything they possibly can. They are at that point. Anything less than that he is going to be asking Council to tell him which services are lowest priority and they can start to back away from them. He spoke of when the residents come to the microphone and talk about scented dog waste bags that they also have an appropriate response that that is a lower priority and we can't afford it. Councilwoman Bennington agreed with City Manager Barlow. The idea of them having the highest millage rate, her comment to that is we do but we don't have the industry and the commercial that New Smyrna and a lot of the other cities have so the residents have to bear that expense. It has been like that forever. Somebody has to pay for the services. The other problem she sees in this City that she has seen for years is we have a large percent of our population that own houses that are paying no ad valorem taxes. We are in a hole there. We are providing services and usually those type people are the ones that use more services than other types. She thinks their biggest mistake since she has been sitting there is they went too low on the millage and now they are being hit with harder Page 24 of 24 Council Regular Meeting July 20, 2009 times and they have staff doing three jobs and nobody is really complaining. She spoke of cutting back the garbage by one day but still having to pay these people whether they pick up garbage one day a week or two days a week. She spoke of adding the full up and running animal shelter that they have never really funded before. They have to address that and look at that. That is a big expense and sooner or later it will support itself but it is not going to support itself overnight. What services more can they cut? It sounds good to cut services more but when you need the police or the fire or the garbagemen to pickup your garbage that has been accumulating and you tell someone I'm sorry but you didn't pay for it. We didn't raise your taxes so there is no one available to answer your calls, then what are they going to do? They are up for criticism that way. She thinks they need to work towards the lowest and advertise at the roll back rate at the very least. She thinks staff has done a tremendous job and they are lucky to have the people working for them that have that have kept the attitude up in spite of everything and she knows no matter what they do as a Council they are going to be criticized. She thinks it is time they bite the bullet and do the hard thing. She knows things are rough allover and it's not just County and City. It is nationwide. Things are still going to get rough but people are still expecting a certain amount of services and we are down to the minimum amount we can provide. She doesn't see where they can afford to cut anything else and still be a viable City. Mayor Thomas stated this concerns him very deeply because was one his goals when he took office was to make the tax rate go down and they started that way. Unfortunately we have had some things happen in the State and with the economy. He owes it to the citizens who put him in office. He is a taxpayer too. He feels very proud that he is in tune with most of the city employees. It is not just the employees, it is their equipment. He spoke of the employees cutting grass with mowers that are up to 20 years old. He also mentioned the police cars. It's not just the services but the equipment that does the services. If you don't have the correct tool you can't do the job. We are a bedroom community. They passed a height limit so they didn't want condos here. He doesn't want the condos here either but he knows he will have to pay a little more for his quality of life and he doesn't mind doing that. AS bad as it is heartburn for him he is going to have to go with staff's recommendation. He has been there and they have Page 25 of 25 Council Regular Meeting July 20, 2009 cut to the bone. Some of those guys are doing jobs of three people. He sees it is their faces. They are worried about their jobs too. Mayor Thomas asked for public comment. The following citizen spoke: Dominic Capri a , 606 Topside Circle, felt Finance Director McKinney did a great job. He feels they should start with the 5.9 millage rate. It's going to get there. 6.09 they are gong to hassle and it is going to go to 5.9 in his opinion. He is getting tired of hearing New Smyrna Beach has industry and we don't. Why don't we? He doesn't want to see anybody get laid off. What about the poor people that are laid off? They are hurting. But again we compare with New Smyrna Beach. Let's compare with other cities and not just New Smyrna Beach. New Smyrna Beach only has a half a dozen or less employee than we have. What has to be done, has to be done? He has been through it many a times. As far as people not paying taxes on their homes, he doesn't know where Councilwoman Bennington gets that. He believes there probably are a few but don't think there are a whole bunch of them. He doesn't believe that. Mayor Thomas commented on complaints he received that someone's street is not paved or the grass next door is not cut. They still have to provide those services for the citizens. They can't compare apples to oranges. Deltona doesn't have a police force. DeBary and Orange City have to buy water from someone else. We have our own water and our own facility. This is a great city and we are doing it ourselves. We are self-sufficient and aren't depending on another city. He is proud of this city and what they have accomplished. Councilman Cooper made a motion to follow the roll back rate of 7.1297 under the understanding to the pub2ic that this wi22 be some of the sternest budget ta2ks ever happening in Edgewater to get it much 20wer than that, second by Counci2woman Bennington. The MOTION CARRIED 3 -1 . Councilwoman Roqers voted NO. Councilwoman Bennington made a motion to approve the Voted Debt Service of .0382 per $1000 of assessed va2ue, second by Counci2man Cooper. Page 26 of 26 Council Regular Meeting July 20, 2009 The MOTION CARRIED 4 - 0 . City Manager Barlow stated their first budget workshop is going to be August loth at 5:00 p.m. in the Council Chambers to discuss the General Fund Budget workshop, which will be one hour prior to the Council meeting that starts at 6:00 p.m. Again on August 31st starting at 5:00 p.m. in the Council Chambers they will do the Enterprise Fund Budget workshop and then if they have any left over work from the General Fund, they will also do that on August 31st as well. There will be no Council meeting after that. Councilman Cooper would like this broke down and categorized and that they not try to handle the pie in two big sections. He would like to break it down to each department and to the revenue that can be generated. It's not always just the tax base. He would be more than willing to present an outline that Council can change so when they get to the budget hearings they have the information he is going to need to tear into this solidly and do it educationally. There are many things they need to look at when they start talking budget. City Manager Barlow agreed to give him an example of how he will see the budget, which is by line item, not only by department and by fund. If he is comfortable with it then they will go with it. If he wants other changes he can work with our software vendor to see if that is possible. If they can work with that and then it lessens the chance of any transposing of any numbers and it is the true budget from the true software system. Councilman Cooper stated as long as they are open to look at all avenues. They have to find a way to generate revenue. That is the biggest thing he has been harping on since he got elected. We are weak at it at best. It's not always the taxpayer that is his revenue generator. City Manager Barlow commented on the tax rate having an effect on the initiative to try to bring in commercial or non-residential properties as well. That is important to him too as to whatever he can do to keep that down and still provide those services that will attract that non- residential/commercial tax base. Page 27 of 27 Council Regular Meeting July 20, 2009 Finance Director McKinney informed City Manager Barlow he had to provide to the Property Appraiser our workshop dates and our public hearing dates. If they are going to change the dates of the workshops or public hearings he will need to know that before he sends out the TRIM notice. City Manager Barlow informed him they established August 10th and August 31st for the workshops. Councilwoman Bennington wanted one more workshop date where they don't have a Council meeting afterwards. Mayor Thomas felt that was a good idea. City Manager Barlow suggested August 24th. Councilman Cooper asked if they were limited by the number they could have. He was informed they are not. City Manager Barlow suggested having the second General Fund workshop on August 24th at 5:00 p.m. He agreed to have the budget workshops advertised. E. vehicle Purchase - Request for approval of a budget amendment and authorization to purchase a 2009 Ford F150 4 X 4 for the Fire Department City Manager Barlow made a staff presentation. Councilman Cooper questioned this being a non-budget item. City Manager Barlow informed him it was but through some savings from personnel{ this would be a budget amendment. Due to there being no further comments { Mayor Thomas entertained a motion. Councilwoman Bennington moved to approve the budget amendment for the 2009 Ford F150 4 X 4, second by Councilman Cooper. The MOTION CARRIED 4 - 0 . F. JAG Presidential Recovery Grant - Approval and authorization for the Mayor to execute the Grant Agreement { associated documents and budget amendment City Manager Barlow made a staff presentation. Due to there being no comments { Mayor Thomas entertained a motion. Page 28 of 28 Council Regular Meeting July 20{ 2009 Councilman Cooper moved to approve and authorize the Mayor to execute the Grant Agreement and associated documents and budget amendment, second by Counci~woman Bennington. The MOTION CARRIED 4 - 0 . 11. OFFICER REPORTS A. City Clerk City Clerk Wenzel had nothing at this time. B. City Attorney 1) Settlement Agreement - Kathleen Hohenstein vs. City of Edgewateri Case #2006-20506-CINS -Assistant City Attorney Ciocchetti commented on the settlement agreement between Kathleen Hohenstein and the City. Mayor Thomas asked if our insurance company City Manager Barlow informed him they had. Cooper asked what the deductible was. City informed him $5,000. paid that. Councilman Manager Barlow Councilman Cooper asked how come the County was so cheap at $1,500. City Manager Barlow commented on the City owning the sewer infrastructure and the manhole that was allegedly tripped on but it is unincorporated property so that is how they got named in the suit. Councilwoman Bennington moved to approve the proposed Sett~ement Agreement, second by Counci~n Cooper. The MOTION CARRIED 4 - 0 . C. City Manager 1) Rescheduling of the August 17, 2009 Council meeting to August 10, 2009 City Manager Barlow commented on moving the August 17th meeting to August 10th. Page 29 of 29 Council Regular Meeting July 20, 2009 City Manager Barlow commented on a letter he received from the Fire/Rescue Association regarding the 4th of July respectfully requesting up to $1,000 donation from the City to help offset the cost of the 4th of July celebration. He informed them they currently had a little over $7,000 in Promotional Activities under the City Council budget line item and he thought $6,000 was budgeted towards the fireworks show but they were able to offset through donations. It was the consensus of Council to donate $1,000 to the Fire/Rescue Association. City Manager Barlow stated we have recently been put on notice that an owner is trying to close on a piece of property on Mary Street, which is part of the Edgewater Acres subdivision, which is one of the oldest subdivisions in Edgewater. He spoke of a section of the road never being recorded as part of the right of way. He guessed it was back in the 50's or 60's when the subdivision was built. Staff is working to get that clarified. If Council doesn't have any issues he will be preparing a map to be certified by the Mayor and City Clerk to be filed with the Clerk of the Circuit court showing the lands and road are vested by Statutes since it has been in existence for greater than 7 years and maintained by the City for 7 years. City Manager Barlow commented on a letter that was sent to FIND. Councilman Cooper asked if they are leaving themselves open because he said in the letter he wanted to specifically have it used for ParkTowne projects only. City Manager Barlow commented on a contract that was negotiated prior to him that they never took advantage of that allowed them to use that dredge material for roadway projects only in ParkTowne. He is taking it a stretch further to see if they can use it for development projects within ParkTowne. For some reason part of the last negotiations they want to keep it in ParkTowne. He also commented on incentives offered outside of ParkTowne. City Manager Barlow informed Council that Bob McIntosh had been working on putting together a comprehensive economic development strategy for Edgewater pertaining to Edgewater. They have coordinated a joint workshop with the Planning & Zoning Board and Economic Development Board on July 29th at 8:00 a.m. Page 30 of 30 Council Regular Meeting July 20, 2009 Councilman Cooper asked for some solid insight in the factual information in reference to Coronado Paint. City Manager Barlow stated he spoke to a credible source and the fact of the matter is they are going to be scaling down and anticipate by the end of the year to close the Coronado Paint manufacturing plant here. They will keep a small core of employees on board to disassemble the equipment. His concern was they didn't know anything and did they miss an opportunity to come in and help them maintain the business here and were they competing against the factor in Alabama. He was assured no. He questioned what the City could have done to change this. The gentleman informed him it was a very old plant here and very limited as far as expansion. Part of it was bought by Benjamin Moore. The plant they are consolidating to in Alabama is a larger, more sophisticated plant. They have to maintain so many millions of gallons of paint per year in order to be profitable and this plant couldn't do that even if it was ran around the clock. Councilman Cooper asked if they had taken anything through Economic Development to get a hold of those residents that have lost those jobs. He was wondering if there was anything we had in our opportunities that we might be able to be reaching out there and helping these people find work. City Manager Barlow informed him we don't have those resources or anybody that could manage that. He was told that Coronado Paint is working with the Volusia County Economic Development Department in that effort to try to have those individuals placed. They have the resources. Jack Hayman, County Councilman, 3003 Travelers Palm Drive, stated when they heard about this they were all shocked and confident they could turn it around with some sort of State and County incentive that we have programs like that in place and unfortunately as it turned out it was economically unfeasible for the corporate headquarters to stay here because the cost benefit wasn't there for them. The County Economic Development personnel will be working with State and local authorities. There aren't many plant manufacturers around this region of the State, which makes it tough. They are doing everything they can. He agreed to keep the City Council posted. They might want to have a meeting with the employees there and work something out with the corporate if they haven't already scheduled that. Councilwoman Bennington stated they are taking a large Page 31 of 31 Council Regular Meeting July 20, 2009 percentage of their employees. Her son in law works for them he is head of research and development and they are taking their key people. Some time this week they are taking two Charter buses of the employees that work there that they want them to go out there too. Coronado isn't just dumping these people. The plant will be physically closed some time in September. They plan to totally be out of there by December 31st. County Councilman Hayman expressed concern with what will happen with the facility. They don't want to see it fall in disrepair. Over time they have done a remarkable job to make that whole industrial complex fit into a residential neighborhood with the least pain possible. 12. CITIZEN COMMENTS The following citizens spoke: Alice Haldeman, 930 Lake Avenue, stated before she retired she worked for County government and she knows how difficult budget time is. The Council has had to make a very difficult decision and it is going to hurt her a little bit but in the great scheme of things a few hundred dollars a year more in taxes will hurt her a lot less than she would be hurt if she didn't have a good fire department to depend on, police department, water to drink, parks. She spoke of the restrooms being clean at the parks. They are doing a good job and she appreciates what they are trying to do to keep the City running well. City Manager Barlow pointed out Ms. Haldeman also serves on the Code Enforcement Board. 13 . ADJOURNMENT There being no further business to discuss, Council moved to adjourn. 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I r:n >< ~ (1) c\S .~ r:n '\0 0\ 0\ U r:n ~ ~ t"- ~ < ~ . . . t"- ~ 0\ ~ Q) 0 00 ~ S V)ooN t C"\ C"\ C"\ N N M Q) S fA- fA- fA- ~ 0 t"- oo 0\ 0 U 0 0 0 ~ 0 0 0 ~ N N N ~ \O\O~ ~oooo 0 ~ --- tr) tr) t'-- (J) ~ ~ ~ ~ 1d tr)~~ ~C'lO 0 ~ ~ ~ ~ rfJ. ~~~ .~ I a (J) bJJ 1 \0 C'l 0\ I 100 ~'-o (]) C'l ~ C'l I~ . . . s~ ~ M \0 IC\S ~ ~ 00 0 ~ ~ M\O~ '"'0 ~ ~ ~ u C'l C'l C'l .~ (]) ~~~ . I 00 >< ~ 00 (]) ~ .~ 00 u 00 ~ ~ < t'-- 00 00 (J) 0\ M tr) ~ . . . S M ~ 0\ t OC'lN S \0 ~ ~ C) ~~~ ~ 0 t'-- 00 0\ 0 U 0 0 0 ~ 0 0 0 ~ C'l C'l C'l City of Edgewater, Florida Tax Collections FY 2009 for 2008 Property Tax Year Due before January 1, 2009 Current 2008 Adjusted Tax Value $ 965,845,636 Taxable Value x Agency New Taxable Value 15,772,016 Millage Rate x 95% equals tax Current Year Gross Tax Value $ 981,617,652 to be collected by January 1 (Per F.S.S. Chapter 163.337) AGENCY MILLAGE TAX AMOUNT 95% DUE MILLAGE Percent RATE 12/31/2008 RATE of per $1,000 Total Edgewater 0.00590000 $ 5,791,544.15 $ 5,501,966.94 5.900000 27.45% Edgewater I&S 0.00003305 32,439.52 30,817.54 0.033047 0.15% Volusia Co - GF 0.00450310 4,420,322.45 4,199,306.33 4.503100 20.95% Volusia Co School 0.00745900 7,321,886.07 6,955,791.76 7.459000 34.70% SI. Johns 0.00041580 408,156.62 387,748.79 0.415800 1.93% FIND 0.00003450 33,865.81 32,172.52 0.034500 0.16% SE Vol Hospital Dist 0.00286570 2,813,021.71 2,672,370.62 2.865700 13.33% E Vol Mosq Cant 0.00020556 201,781.32 191,692.26 0.205560 0.96% Port Authority 0.00007771 76,281.51 72,467.43 0.077710 0.36% Totals 0.02149442 $ 21,099,299.15 $ 20,044,334.19 21.494417 100.00% Edgewater 95% FY09 Tax Proceeds 0.00620 $ 6,086,029.44 5,781,728 0.00610 $ 5,987,867.68 5,688,474 0.00607 $ 5,955,150.36 5,657,393 0.00600 $ 5,889,705.91 5,595,221 Adopted Millage 0.00590 $ 5,791,544.15 5,501,967 0.00580 $ 5,693,382.38 5,408,713 0.00570 $ 5,595,220.62 5,315,460 0.00560 $ 5,497,058.85 5,222,206 0.00550 $ 5,398,897.09 5,128,952 0.00540 $ 5,300,735.32 5,035,699 0.00530 $ 5,202,573.56 4,942,445 0.00520 $ 5,104,411.79 4,849,191 C:\Data\Budget\2009-201 0\201 0 Tentative milage ratesFY 2008-09 City of Edgewater, Florida Tax Collections FY 2010 for 2009 Property Tax Year Due before January 1, 2010 Current 2009 Adjusted Tax Value $ 812,315,514 Taxable Value x Agency New Taxable Value 10,027,740 Millage Rate x 95% equals amount Current Year Gross Tax Value $ 822,343,254 to be collected by January 1 (Per F.S.S. Chapter 163.337) AGENCY MILLAGE TAX AMOUNT 95% DUE MILLAGE Percent RATE 12/31/2008 RATE of per $1,000 Total Edgewater 0.00712970 $ 5,863,060.70 $ 5,569,907.66 7.129700 29.19% Edgewater I&S 0.00003820 31,413.51 29,842.84 0.038200 0.16% Volusia Co - GF 0.00545000 4,481,770.73 4,257,682.20 5.450000 22.31% Volusia Co School 0.00754300 6,202,935.16 5,892,788.41 7.543000 30.88% St. Johns 0.00041580 341,930.33 324,833.81 0.415800 1.70% FIND 0.00003450 28,370.84 26,952.30 0.034500 0.14% SE Vol Hospital Dist 0.00351090 2,887,164.93 2,742,806.68 3.510900 14.37% E Vol Mosq Cant 0.00021127 173,736.46 165,049.64 0.211270 0.86% Port Authority 0.00009379 77,127.57 73,271.20 0.093790 0.38% Totals 0.02442716 $ 20,087,510.24 $ 19,083,134.73 24.427160 100.00% 95% 95% FY10 Tax FY 09 Tax Fiscal Year Proceeds Proceeds Variance Edgewater 0.0071297 $ 5,863,060.70 5,569,908 5,501,967 $ 67,940.86 0.00710 $ 5,838,637.10 5,546,705 5,501,967 $ 44,738.45 0.00700 $ 5,756,402.78 5,468,583 5,501,967 $ (33,384.16) 0.00690 $ 5,674,168.45 5,390,460 5,501,967 $ (111,506.77) 0.00680 $ 5,591,934.13 5,312,337 5,501,967 $ (189,629.38) 0.00670 $ 5,509,699.80 5,234,215 5,501,967 $ (267,751.99) 0.00660 $ 5,427,465.48 5,156,092 5,501,967 $ (345,874.60) 0.00650 $ 5,345,231.15 5,077,970 5,501,967 $ (423,997.21) 0.00640 $ 5,262,996.83 4,999,847 5,501,967 $ (502,119.82) 0.00630 $ 5,180,762.50 4,921,724 5,501,967 $ (580,242.42) 0.00620 $ 5,098,528.17 4,843,602 5,501,967 $ (658,365.03) 0.00610 $ 5,016,293.85 4,765,479 5,501,967 $ (736,487.64) 0.00607 $ 4,988,885.15 4,739,441 5,501,967 $ (762,525.91) 0.00600 $ 4,934,059.52 4,687,357 5,501,967 $ (814,610.25) 0.00590 $ 4,851,825.20 4,609,234 5,501,967 $ (892,732.86) 0.00580 $ 4,769,590.87 4,531,111 5,501,967 $ (970,855.47) 0.00570 $ 4,687,356.55 4,452,989 5,501,967 $ (1.048,978.08) 0.00560 $ 4,605,122.22 4.374.866 5,501,967 $ (1,127,100.69) 0.00550 $ 4,522,887.90 4,296,744 5,501,967 $ (1,205,223.30) 0.00540 $ 4,440,653.57 4,218,621 5,501,967 $ (1,283,345.91) 0.00530 $ 4,358,419.25 4,140,498 5,501,967 $ (1,361,468.52) 0.00520 $ 4,276,184.92 4,062,376 5,501,967 $ (1,439,591.13) -. City of Edgewater, Florida Tax Collections FY 2009 for 2008 Property Tax Year Exemptions Due before January 1, 2009 Current 2008 Adjusted Tax Value $ 150,000 Exemptions (50,000) Current Year Gross Tax Value $ 100,000 AGENCY MILLAGE TAX AMOUNT 95% DUE MILLAGE Percent RATE 12/31/2008 RATE of per $1,000 Total Edgewater 0.00590000 $ 590.00 $ 560.50 5.900000 27.45% Edgewater I&S 0.00003305 3.30 3.14 0.033047 0.15% Volusia Co - GF 0.00450310 450.31 427.79 4.503100 20.95% Volusia Co School 0.00745900 745.90 708.61 7.459000 34.70% SI. Johns 0.00041580 41.58 39.50 0.415800 1.93% FIND 0.00003450 3.45 3.28 0.034500 0.16% SE Vol Hospital Dist 0.00286570 286.57 272.24 2.865700 13.33% E Vol Mosq Cont 0.00020556 20.56 19.53 0.205560 0.96% Port Authority 0.00007771 7.77 7.38 0.077710 0.36% Totals 0.02149442 $ 2,149.44 $ 2,041.97 21.494417 100.00% City of Edgewater, Florida Tax Collections FY 2009 for 2008 Property Tax Year Non-exempt Due before January 1, 2009 Current 2008 Adjusted Tax Value $ 150,000 Exemptions Current Year Gross Tax Value $ 150,000 AGENCY MILLAGE TAX AMOUNT 95% DUE MILLAGE Percent RATE 12/31/2008 RATE of per $1,000 Total Edgewater 0.00590000 $ 885.00 $ 840.75 5.900000 27.45% Edgewater I&S 0.00003305 4.96 4.71 0.033047 0.15% Volusia Co - GF 0.00450310 675.47 641.69 4.503100 20.95% Volusia Co School 0.00745900 1,118.85 1,062.91 7.459000 34.70% SI. Johns 0.00041580 62.37 59.25 0.415800 1.93% FIND 0.00003450 5.18 4.92 0.034500 0.16% SE Vol Hospital Dist 0.00286570 429.86 408.36 2.865700 13.33% E Vol Mosq Cont 0.00020556 30.83 29.29 0.205560 0.96% Port Authority 0.00007771 11.66 11.07 0.077710 0.36% Totals 0.02149442 $ 3,224.16 $ 3,062.95 21.494417 100.00% C:\Data\Budget\2009-201 0\201 0 Tentative taxFY 2008-09 . , ". City of Edgewater, Florida Tax Collections FY 2010 for 2009 Property Tax Year Exemptions Due before January 1, 2010 Current 2009 Adjusted Tax Value $ 124,635 16.91 % Net Change New Taxable Value (50,000) Current Year Gross Tax Value $ 74,635 AGENCY MILLAGE TAX AMOUNT 95% DUE MILLAGE Percent RATE 12/31/2008 RATE of per $1,000 Total Edgewater 0.00712970 $ 532.13 $ 505.52 7.129700 29.19% Edgewater I&S 0.00003820 2.85 2.71 0.038200 0.16% Volusia Co - GF 0.00545000 406.76 386.42 5.450000 22.31 % Volusia Co School 0.00754300 562.97 534.82 7.543000 30.88% St. Johns 0.00041580 31.03 29.48 0.415800 1.70% FIND 0.00003450 2.57 2.45 0.034500 0.14% SE Vol Hospital Dist 0.00351090 262.04 248.93 3.510900 14.37% E Vol Mosq Cont 0.00021127 15.77 14.98 0.211270 0.86% Port Authority 0.00009379 7.00 6.65 0.093790 0.38% Totals 0.02442716 $ 1,823.12 $ 1,731.97 24.427160 100.00% City of Edgewater, Florida Tax Collections FY 2010 for 2009 Property Tax Year Non-Exempt Due before January 1, 2010 Current 2009 Adjusted Tax Value $ 124,635 16.91 % Net Change New Taxable Value Current Year Gross Tax Value $ 124,635 AGENCY MILLAGE TAX AMOUNT 95% DUE MILLAGE Percent RATE 12/31/2008 RATE of per $1,000 Total Edgewater 0.00712970 $ 888.61 $ 844.18 7.129700 29.19% Edgewater I&S 0.00003820 4.76 4.52 0.038200 0.16% Volusia Co - GF 0.00545000 679.26 645.30 5.450000 22.31 % Volusia Co School 0.00754300 940.12 893.12 7.543000 30.88% St. Johns 0.00041580 51.82 49.23 0.415800 1.70% FIND 0.00003450 4.30 4.08 0.034500 0.14% SE Vol Hospital Dist 0.00351090 437.58 415.70 3.510900 14.37% E Vol Mosq Cont 0.00021127 26.33 25.02 0.211270 0.86% Port Authority 0.00009379 11.69 11.11 0.093790 0.38% Totals 0.02442716 $ 3,044.48 $ 2,892.26 24.427160 100.00%