09-13-2010 - Regular CITY COUNCIL OF EDGEWATER
REGULAR MEETING
SEPTEMBER 13, 2010
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 Present
Councilwoman Debra Rogers Present
Councilwoman Gigi Bennington Present
Councilwoman Harriet Rhodes Excused
Councilman Ted Cooper Present
City Manager Tracey Barlow Present
City Clerk Bonnie Wenzel Present
City Attorney Carolyn Ansay Present
INVOCATION, PLEDGE OF ALLEGIANCE
There was a silent invocation and pledge of allegiance to the Flag.
2. APPROVAL OF MINUTES
A. Special Meeting /Executive Session of August 16, 2010
Councilman Cooper moved to approve the August 16, 2010 Special
Meeting /Executive Session minutes, second by Councilwoman Bennington.
The MOTION CARRIED 4 -0.
B. Regular Meeting of August 16, 2010
Councilman Cooper moved to approve the August 16, 2010 Regular Meeting
minutes, second by Councilwoman Bennington.
The MOTION CARRIED 4 -0.
3. PRESENTATIONS /PROCLAMATIONS /PLAQUES /CERTIFICATES /DONATIONS
There were no Presentations at this time.
4. CITIZEN COMMENTS
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The following citizens spoke:
Robert Clinton, 315 N. Ridgewood Avenue, asked the Council to review
the temporary free standing sign ordinance. The way it reads today is
the only way they can put a sign on their own property to advertise
something or just to say they are open is to have somebody in a
leprechaun suit stand out by the side of the road and hold it. He
drove around today and found 25 free standing signs in front of
businesses. If the city continues to remove these signs all it is
doing is hurting the local businesses. He spoke of Publix, Winn Dixie
and Goodwill not being able to have a sidewalk sale without the City
citing them for having something on the sidewalk as far back as they
are from the highway. The way he understood the sign ordinance and
the Code Enforcement today, they were telling him his A -frame sign
that was professionally made and cost about $100 could become a flying
projectile during a hurricane. He spoke of bringing the sign in at
night when they close. He was told real estate signs were fine
because they were temporary. He referred to 404 N. Ridgewood Avenue
that has been on the market for going on 10 years with a real estate
sign in the front yard for those ten years and even with the past
hurricanes it hasn't become a flying projectile. He wanted Council to
review that and come up with a better reason than it becoming a flying
projectile. He then commented on George Trovato signs that have been
up for over half of the hurricane season and none of those have blown
away yet.
Councilwoman Bennington asked Mr. Clinton if he had been cited. Mr.
Clinton informed her he was. Councilwoman Bennington asked him if he
paid it. Mr. Clinton informed her he had.
Mayor Thomas stated they just voted on that and he thought they had
gone more lenient but Mr. Clinton informed him the only change they
had made was advertising on park benches. He commented on receiving a
lot of complaints and asked if they could have Planning & Zoning look
into this. City Manager Barlow informed him the Council had requested
way back an aesthetic overlay district of U.S. #1 with this property
included which would fall within the Ridgewood standards. When that
ordinance comes before Council in draft form that was when they could
tailor and address some of that. They are no different than a
majority of the other communities especially on Ridgewood that
prohibit those. Mr. Clinton informed him New Smyrna had no
prohibition on it. City Manager Barlow stated he hadn't looked at New
Smyrna's overlay district or if they had an overlay district or what
they did to address aesthetics. The purpose of the overlay district
was to determine what they wanted U.S. #1 to look like as far as
standards.
Mayor Thomas asked who would give them the draft. City Manager Barlow
informed him he and Development Services Director Darren Lear were
about % of the way through. He had to put it on the back burner until
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they get through the budget. He was hoping before the end of this
year the Council would see a draft.
Mr. Clinton stated some of the sandwich signs he has seen it is
illegal for the sign to be on the ground on private property but they
can put it in the back of a pickup truck and back the pickup truck to
the highway. City Manager Barlow informed him that wasn't permitted
either.
Councilwoman Bennington asked why Mr. Clinton was cited when there are
so many other ones and the other ones weren't. Mayor Thomas commented
on Code Enforcement being complaint driven and he felt someone
probably complained.
Councilwoman Bennington commented on biting at City Manager Barlow and
Mr. Lear about Code Enforcement. She doesn't think it is right if
there are so many other businesses with these signs and he was the
only one cited. She felt that was selective enforcement.
City Manager Barlow didn't know the particulars of Mr. Clinton's case
as this was the first he had heard about it. He wasn't sure if the
others had been issued a notice of violation or were in the process.
He didn't know if it was a complaint on just his. They find a lot
with Code if they cite one business or resident, they will go out and
find ten more and then each one of those will go out and find ten
more. They also try to do active patrol as well. He commented on
most of the cases before Code right now being property neglect cases.
Councilwoman Bennington asked City Manager Barlow to have Mr. Lear do
a background and let them know how Mr. Clinton was particularly cited
and what the status was of some of the signs Mr. Clinton was saying
were out there. City Manager Barlow pointed out the citation had been
paid and once it is paid it is an admission of guilt. Councilwoman
Bennington stated she understood. Mayor Thomas pointed out people can
complain anonymously. Councilwoman Bennington wanted to know if it
was an anonymous complaint, somebody complained or if Code Enforcement
was driving down the road and saw it.
City Manager Barlow agreed to look at it. About four years ago they
transitioned into where those cases are now visible online by the
residents.
Councilman Cooper referred to the digital signs that he hoped they
were working on as well. He would like to see the business community
become a little more proactive and offer what they feel would be a
proper solution and bring the submission of the solution to Council so
City Manager Barlow and Mr. Lear can take a look at it and bring
different ideas forward. He commented on the restriction on free
standing signs and asked if they need to modify in that area. If they
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don't have the business community's input, they might not like the
modification.
Charles Murphy, Pelican Cove East, wanted to talk about the Notice of
Proposed Property taxes they just received. Mayor Thomas informed him
he could talk about it now or during the discussion regarding the
budget and tentative millage rate.
Mr. Murphy stated with property values going down all over the
country, especially in Florida and Volusia County, his taxable value
had gone up considerably this year, $7,605.
City Manager Barlow asked him if his assessed or market value go up or
down. Mayor Thomas informed him the Tax Appraiser was showing that.
Mr. Murphy stated his millage went up overall 3.9 %. Mayor Thomas
stated they proposed a 7.0 and went down to 6.59. Mr. Murphy informed
him that was for all of the taxing authorities. Mayor Thomas informed
him all they could control was the City of Edgewater.
Councilman Cooper informed Mr. Murphy he should see a minor decrease
under Edgewater. Mr. Murphy concluded he should be talking to the
County and not the City.
Mayor Thomas asked him if Edgewater went up or down. Mr. Murphy
informed him it had gone up. City Manager Barlow stated if Mr. Murphy
had homestead exemption there was what they call recapture so if the
market values here and taxable values here and even though the
property values decrease there is a recapture. It was his
understanding this was the first time they have experienced this in
Volusia County. It has to go up with the cost of living which was 2
point something percent.
Mayor Thomas asked Finance Director McKinney to take Mr. Murphy to the
back of the room and try to explain things to him and if he had any
other questions they would let him come back at a later date. City
Manager Barlow informed Council the recapture was State Statute and
nothing this government could control.
John King, 1309 2 nd Street, stated he purchased his home in 2006 as a
retirement home. He was currently unemployed and had retired. He
couldn't find a job down here. With the economy the way it is and
people losing their jobs the way they are, he finds it difficult to
accept the concept that the millage rate would increase. Business has
to cut back. They all have to cut back. The City needs to cut back
and if that means reducing services he says reduce services. He
couldn't understand why the millage rate should be increased. He
understood he concept of the roll back millage rate and he didn't
really buy that. When he bought his house it was appraised by the
bank and he tried to refinance this year and it is only worth 1/3 of
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what he paid for it in 2006. He had a hard time with the concept of
any increase in the millage rate.
Mary Ann Morrisette, 510 N. Riverside Drive, expressed concern with
the Police and Fire budgets. She spoke of a number of cities around
the country going bankrupt because of the enormous cost of those two
services. She knows they were looking at consolidating the fire with
the County and that that would change everyone's contribution. The
real problem is the pension. She didn't understand why they wouldn't
go to a 401K like all private businesses have had to do and put the
cost on the actual employee rather than on the rest of them. She
knows they have a number of employees in the past who have been double
dippers. That bothers her. Those are areas that are a problem now
and are going to be an even bigger problem in years to come. She
wondered if there was any plan to address that.
5. APPROVAL OR CHANGES /MODIFICATIONS TO THE AGENDA
There were no Changes /Modifications to the Agenda at this time.
6. CITY COUNCIL REPORTS
Councilman Cooper had nothing at this time.
Councilwoman Rogers stated when the millage was set at 7.0 initially
that evening there was a lot of conversation going back and forth and
they were directed by the Finance Director that their millage probably
wouldn't be that high and there would probably be some potential costs
savings they would realize and their millage would probably be more
like 6.36. She was trying to shoot for a millage of six and a lot of
people didn't like that as far as her colleagues on Council and felt
it was irresponsible but she feels Council and they do have some
candidates in the audience, should be directing the city and telling
the city what millage they want and then City staff should be working
their numbers to meet what the Council wants as a target. It never
works that way. She was hoping for them to start at 6. That didn't
happen and they started at 7. She missed a meeting and she read in
the newspaper "Unofficial Blessing" and he points out Councilwoman
Rogers wasn't at the meeting when the Council went down to 6.36. Then
the next time they had a meeting they have a wonderful presentation
regarding their roads. That presentation had to have taken a week to
two weeks to prepare so when they did the unofficial blessing of going
down on the proposed millage staff already knew that they were going
to be discussing a possibility to increase the millage to accommodate
the fixing of the roads. The evening they talked about the roads they
were also talking about a possibility of reducing an employee stipend
so they could use that money to pay for the roads. That was what she
wanted to do. That night the millage went back up. She believed it
now stood at 6.59. She recognized there being new faces in the
audience. If they read in the paper it is not always the greatest
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representation because they can't possibly go 100% on everything that
is discussed at their budget workshops and their meetings. They can't
even read the minutes and get that. The best thing to do is to get a
CD and listen to it.
Councilwoman Rogers stated they never talked about cutting back on
Fire and Police. She tried to do that in 2007.
Councilwoman Bennington had nothing at this time.
Mayor Thomas addressed the comment about the double dippers. They had
some of that going on and there were still some employees that did
retire and are getting their retirement benefits but when they
reemployed they aren't getting retirement benefits. They can't accrue
any more retirement benefits.
Mayor Thomas stated he and City Manager Barlow attended the meeting
today on the possibility of fire and rescue service consolidation with
Volusia County. He was really proud in the government contributing of
the percentage. Edgewater was the lowest at 11.46. Some were up to
37 %. We were the second lowest behind Deland out of all the cities in
Volusia County in the unfunded liability. We are at $675,283. We are
doing an excellent job.
Ms. Morrisette asked if he could address the fact that 1% of the calls
for the Fire Department were for residential fires. Mayor Thomas
spoke of discussing most of the calls were for medical and the
paramedics being on the vehicles too.
Ms. Morrisette stated 1% of the calls are for house fires which is
what most of them consider the Fire Department needed for.
7. CONSENT AGENDA
A. Request for approval of the 2010 Flu Vaccination Program
Interlocal Agreement with the City of Port Orange
B. Request for approval of the Combined Operational Assistance
and Voluntary Cooperation Agreement for Volusia County,
Florida
Councilman Cooper requested Item B be pulled for discussion.
Councilwoman Bennington moved to approve Item A of the Consent Agenda,
second by Councilwoman Rogers.
The MOTION CARRIED 4 -0.
Councilman Cooper expressed concern with liability. When they open up
all of the assorted police departments in an agreement, they have an
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opportunity to cut crime and catch more of the criminal types but they
have had experiences in Edgewater with a couple bad apples that have
cost them tremendous amounts of money and now they are leaving this
wide open to virtually any police department. He expressed concern
with supervisory control and procedures. If he has an emergency
problem and he is a Deltona Police Officer he can call in and talk to
a supervisor that night that might not be the regular supervisor that
could give them permission to do something. He expressed concern with
not knowing the screening and training within other departments. He
asked City Attorney Ansay if she had a chance to tear this apart and
if his concerns were mistaken.
City Attorney Ansay stated she did review it but hadn't had a chance
to tear it apart. The provisions in the agreement related to
liability provide that all of the parties to the agreement essentially
agree to assume liability for their own employees and their own folks
involved. The city would not be taking on the liability of an
employee from another jurisdiction. The agreement also provides that
the traditional protections provided by Section 768.28, Sovereign
Immunity, continue to be in place despite the provisions of the
agreement where services are going to essentially be cross provided.
That provides an additional level of protection. These types of
agreements are pretty common. She didn't know anecdotally of any
issues or problems from a liability perspective where any one city has
been overwhelmed with a liability as a result of services or actions
of other folks. Can it happen, certainly but she thinks if they look
at the immunities and responsibilities provided for in the agreement,
she thinks the terms of the agreement would provide they wouldn't be
taking on those responsibilities. It doesn't mean they won't get sued
if something does happen. They would have to get it sorted out
through the court system.
Councilman Cooper stated extending this much power to the entire
County for even the lowest police officer, the newest hired, the first
candidate out of the academy, he asked if they had concerns along
those lines. City Attorney Ansay informed him that was an issue for
Council to discuss with the City Manager. This was a policy issue and
not a legal issue.
Councilman Cooper stated because it involves the entire County,
shouldn't the citizens have input. He asked if this should have been
put forward to the citizens as a resolution to ask them if they wanted
every police force within the county to have the right to arrest you
for anything you are doing anywhere in the County. There are no
jurisdictions any more.
City Attorney Ansay informed him there was no legal requirement that
that be done. She has never seen this type of mutual cooperation type
of agreement placed on a ballot but it wasn't something that would be
prohibited that she knew of.
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Councilman Cooper stated it scared him as he tore it apart to the
point that he had the tremendous feeling that big brother has just
gotten bigger again. He knows that wasn't the intent of the document
and they are trying to provide a better service. He suggested that
somehow they bring this back to the citizens. He then commented on
the amount of people that are behind this but the underlying factors
scare him.
Mayor Thomas asked Councilman Cooper to give him an example of what he
would be afraid of, which he did at this time.
Mayor Thomas spoke in favor of this.
Councilman Cooper felt the concept was a great idea on the surface.
For the five of them to make judgments on the whole County and this
could be used in a different direction too. He wasn't saying it would
be but it could be.
Councilwoman Bennington questioned how long this had been in effect.
City Manager Barlow informed Council this was just an amendment to the
existing mutual aid agreement that the Police Department has had in
effect for quite some time. He further commented on a pursuit that
occurred in Daytona Beach that went into Holly Hill. The case was
thrown out on a technicality because the officer didn't have
jurisdiction in Holly Hill when he made final contact. He further
commented on the Closest Unit Response Agreement the Fire Department
has. He also mentioned the Police Department staffing being down
around the 2001 level.
Mayor Thomas stated right now as it is the Sheriff's Department can
make an arrest in the City of Edgewater and their liability is from
the Sheriff's Department. City Manager Barlow confirmed that was
correct. The Sheriff's Department has jurisdiction over the entire
County. Mayor Thomas stated State law enforcement can make an arrest
in the City of Edgewater and their agency is liable and not the City.
Mayor Thomas felt Councilman Cooper was being over cautious. He felt
once a police offers gets off -duty he wants to go home. Councilwoman
Bennington stated it is the nature of the beast after they have been
on -duty for twelve hours unless it is a life or death situation she
didn't think they would go out of their way. Councilman Cooper
pointed out that some of that was covered in the document.
Councilman Cooper stated he knew the intent was to provide better
service and help protect the citizens.
Councilwoman Rogers commented on being concerned about the liability
and the fact that the City does have a seemingly high turnover with
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the young officers coming aboard because the City's pay rate is so
low. They may have a young rookie involved in something. She felt
this needed to go back and the attorneys should be able to come in and
fine tune this more so because they don't need to have that kind of
liability. The taxpayers will ultimately pay for it. What they need
is something like this but it's got to be very specific. They don't
want a rookie officer involved in something where there is a prior
investigation.
City Manager Barlow commented on it appearing a majority of the other
cities in the County having already signed on. Before they withdraw
from the Police Department mutual aid, he suggested he and City
Attorney Ansay would go back and review it and bring it back before
their next meeting. He didn't want to be the only agency that can't
give or receive assistance. Councilman Cooper didn't either but he
wanted some recommendations from the legalese aspect of the concerns
they have and how are they addressed. He commented on what he
considers grey areas.
It was the consensus of Council to bring this item back.
8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. 2 nd Reading, Ordinance No 2010 -0 -13 - Amending the Land
Development Code by enacting Article X (Boat Slip Allocations)
City Attorney Ansay read Ordinance 2010 -0 -13 into the record
City Manager Barlow made a staff presentation.
Councilwoman Rogers stated she did not bring City Manager Barlow the
evidence they talked about regarding the situation she has with her
property on Riverside where she owns two separate waterfront tracts of
land. For some reason Volusia County combined them on the property
tax website but it is in fact two separate waterfront parcels. At
this time she has two water slips and she should have four because she
has two separate waterfront pieces of property. She asked if this
would affect her.
City Manager Barlow stated based on what he understands is currently
her waterfront access is one parcel. Based on that by this ordinance,
she would automatically be granted two slips. If she was to subdivide
and was permitted to subdivide that into two parcels, there could be
opportunity but without seeing all the supporting documents he wasn't
sure and he didn't know if he had that authority to make that
determination.
Councilwoman Rogers then asked if what they were doing tonight would
negate or hinder her in any way. City Manager Barlow informed her he
didn't know that. City Attorney Ansay stated she would be careful.
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Councilwoman Rogers stated she had asked him that and he had said no
so what she wanted to do was postpone this and get her attorney
involved on this because she doesn't want to lose the opportunity
because they had talked about it.
City Attorney Ansay stated they had to discern Councilwoman Rogers'
concerns and rights as an individual property owner verses her
official duties as a Councilperson. She didn't want to see her
crossing those lines to her peril. If Councilwoman Rogers' felt like
she couldn't vote on this because she had a conflict, then she would
understand that this could potentially impact her in a financial way
and she may advise her to abstain from voting as a result of that.
She would not advise her to advocate taking action because it provides
a detriment to her.
Councilwoman Rogers requested to abstain from voting on this.
City Manager Barlow asked Councilwoman Rogers to get him the
paperwork.
Due to there being no further Council comment or public comments,
Mayor Thomas entertained a motion.
Councilwoman Bennington moved to adopt Ordinance 2010 -0 -13, second by
Councilman Cooper.
The MOTION CARRIED 3 -0. Councilwoman Rogers abstained. Form 8B is
attached and incorporated hereto.
B. 2 Reading, Ordinance No. 2010 -0 -18 - Amending Article III,
Section 21 -37 (Special Activity /Permit Requirements)
City Attorney Ansay read Ordinance 2010 -0 -18 into the record.
City Manager Barlow made a staff presentation by highlighting the
proposed changes.
Due to there being no Council comment or public comment, Mayor Thomas
entertained a motion.
Councilman Cooper moved to approve Ordinance 2010 -0 -18, second by
Councilwoman Rogers.
The MOTION CARRIED 4 -0.
C. 2 Reading, Ordinance No. 2010 -0 -16 - Establishing policy to
temporarily reduce impact fees for non - residential properties
City Attorney Ansay read Ordinance 2010 -0 -16 into the record.
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City Manager Barlow made a staff presentation.
Councilman Cooper asked if a business expanded and moved, if they
would be eligible for this. City Manager Barlow informed him this
related to impact fees. The only time they trip the threshold for
impact fees is if they are building new construction or expanding and
bringing a greater impact on those services.
Councilwoman Cooper made mention of the annexation fees. City Manager
Barlow then commented on the ordinance they had already done regarding
annexation fees.
Councilwoman Rogers wasn't at the meeting when this was approved.
Since they have had this discussion since May, she was pretty
consistent and still was that she would not approve this. She spoke
of citizens that have lost their houses and jobs. If a business wants
to come into Edgewater they have enough beauty in the City and there
is enough positive attributes in the City that they don't need to go
on and start reducing impact fees. She spoke of overspending n the
budget regarding impact fees that was addressed in the CAFR. They
don't have money to give away. The citizens don't have money to give
away. She spoke of the citizens that won't see much of a difference
in their taxes and the citizens that will have a tax increase. She
has had a tax increase since she has lived here. Her property taxes
are looking like they are going to be double since 2002, which she
wasn't happy about.
Mayor Thomas asked City Manager Barlow to explain to the public why
they were trying to pass this ordinance, which he did at this time.
Mayor Thomas spoke of trying to attract business and Edgewater having
the second highest millage in Volusia County due to being a bedroom
community. He spoke of not having the condo tax base, the business
tax base and the commercial tax base. They want to turn this around
so the residents' tax bills won't be so high.
Due to there being no public input, Mayor Thomas entertained a motion.
Councilman Cooper moved to approve Ordinance 2010 -0 -16, second by
Councilwoman Bennington.
The MOTION CARRIED 3 -1. Councilwoman Rogers voted NO.
D. 2 nd Reading, Ordinance No. 2010 -0 -17 - Establishing policy to
temporarily defer applicable Sidewalk, Fire /EMS, Police and
Transportation /Road Impact Fees
City Attorney Ansay read Ordinance 2010 -0 -17 into the record.
City Manager Barlow made a staff presentation.
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Due to there being no Council or public comment, Mayor Thomas
entertained a motion.
Councilwoman Bennington moved to approve Ordinance 2010 -0 -17, second
by Councilman Cooper.
The MOTION CARRIED 3 -1. Councilwoman Rogers voted NO.
E. 1 Reading, Ordinance No. 2010 -0 -20 - Repealing and Restating
Chapter 8 (Civil Defense and Disaster Preparedness) to Chapter
8 (Comprehensive Emergency Management Plan and Disaster
Preparedness)
City Attorney Ansay read Ordinance 2010 -0 -20 into the record.
City Manager Barlow made a staff presentation.
Councilman Cooper referred to the definition for Emergency that
continued on Page 12 at the top of the page where it stated "the City
Council and City Manager determines that the exercise ". He wanted it
to state Mayor and City Manager instead of City Council and City
Manager due to the difficulty of getting the whole Council together in
a disaster situation.
City Attorney Ansay referred to Section 8.4(2), which went through the
pecking order of whom can make that declaration. She suggested they
make sure the definition instead of saying it's the Council or
Manager, the pecking order is the Council and if the Council can't do
it then it goes down the list of folks in Section 8.4. She spoke of
being the City Attorney in New Smyrna when the hurricanes came through
in 2004. She spoke of it being a struggle to get the whole Council
together. They will make sure the definition includes all the others
down the line.
Councilman Cooper expressed concern with it being two heads making the
determination. He was looking for two voices to determine that
something is a disaster.
Councilman Bennington didn't think in an emergency they needed to take
the time for two people to decide. One person needed to decide.
Councilwoman Rogers agreed.
City Attorney Ansay explained they went through probably 25 to 30
ordinances of other jurisdictions around the State. When she was
reviewing the ordinances, she picked communities on the southwest
coast that had recently dealt with major storms. Almost all of them
were similar. She didn't recall one ordinance where there was a
combined decision once they got past Council.
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I I
Due to there being no public input, Mayor Thomas entertained a motion.
Councilwoman Bennington moved to approve Ordinance 2010 -0 -20, second
by Councilwoman Rogers.
The MOTION CARRIED 4 -0.
Mayor Thomas called a ten - minute recess at this time. The meeting
recessed at 7:00 p.m. and reconvened at 7:10 p.m.
F. 1 Reading, Ordinance No. 2010 -0 -21 - Amending Article IV
(Peddlers, Solicitors, Canvassers) of Chapter 11 of the Code
of Ordinances
City Attorney Ansay read Ordinance 2010 -0 -21 into the record.
City Clerk Wenzel made a staff presentation.
Councilwoman Bennington asked about somebody going to door to door
without a permit and being subject to a violation. City Manager
Barlow informed her they would have to treat them like they do any
ordinance violation which was per Florida Statutes. City Clerk Wenzel
informed Council the Police could also issue a citation which is a
$300 fine. Councilwoman Bennington expressed concern with them having
to go before the Code Enforcement Board.
Councilman Cooper expressed concern with a minor wanting to have a
lemonade stand. He spoke of there being so many rules and regulations
and that they are basically saying they don't want anyone to solicit
in the City in any fashion or form. He spoke of taking the boy
scouts, the girl scouts, the cub scouts, the lemonade stands, the
Fraternal Groups that might be doing a good thing, out of the loop.
It even took him out of the loop for getting pies for Christmas.
Councilwoman Bennington pointed out there were exemptions.
Councilman Cooper then mentioned people being fingerprinted. City
Manager Barlow informed him the intent was protection. He spoke of
individuals with criminal histories coming into Edgewater selling
merchandise without some kind of way that they can regulate that.
Councilman Cooper suggested they just say that.
City Clerk Wenzel then commented on the criteria established for
basing a denial.
City Manager Barlow further commented on regulating the door -to -door
solicitors that are going through neighborhoods knocking on doors.
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Councilman Cooper felt they could have cleaned this up and not seen so
much legalese that they basically exclude every human being from ever
doing anything.
City Manager Barlow explained it was tightened up based on some of the
previous experience where they weren't comfortable with some of those
knocking on doors and had no reason to deny that to happen.
City Manager Barlow informed Council of a scam he and Detective Floyd
participated in that was occurring in Edgewater as it related to water
softeners. He commented on the pressure from the salesperson and the
criminal history of the individual that the previous ordinance allowed
him to be in his house as a solicitor and this being concerning.
Councilman Cooper commented on having a section where someone will be
arrested for calling on the phone. He wanted to know how this was
going to be enforced. City Clerk Wenzel pointed out a lot of this was
in there that they didn't change. City Attorney Ansay stated the
underlined portions were the portions that were added.
There was a brief discussion regarding specifically identifying the
organizations they know are honorable and honest groups.
City Attorney Ansay explained this ordinance currently exists. A lot
of the portions Councilman Cooper was referring too already exist and
have been the law in Edgewater. The portions underlined were new and
the portions stricken through were being removed.
Councilwoman Bennington questioned it being for peddlers, canvassers
and solicitors. In her mind a solicitor is someone that goes door to
door. She commented on City Manager Barlow making mention of someone
set up in a vacant lot to sell merchandise. City Manager Barlow
informed her the ordinance addressed itinerant merchant also.
Councilwoman Bennington questioned the vendors they have for the 4 th of
July having to get a permit. City Manager Barlow informed her they
were associated with a special activity that is co- sponsored by the
City. He further commented on legitimate businesses in Edgewater that
pay for business tax receipts. He spoke of not wanting vendors just
rolling through town setting up and competing with the businesses that
are paying the taxes and the business tax receipts.
Mayor Thomas questioned this stemming from complaints from the
citizens of Edgewater. City Manager Barlow commented on City Clerk
Wenzel receiving complaints in the past. He again referred to his
situation with the scam regarding the water softeners.
Councilwoman Bennington asked if people coming door to door regarding
religion were covered under this. Councilman Cooper mentioned this
being about selling a commodity. City Clerk Wenzel stated if they
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September 13, 2010
aren't asking you to give them money for a service or a product and
are just wanting to talk to you this does not apply
Mayor Thomas asked for public comment.
The following citizen spoke:
Bill Glaser, 1703 Needle Palm Drive, asked the Council to speak into
their microphones. He asked if this ordinance, say somebody wanted to
circulate a petition to address some grievance or whatever with the
city or whatever, does this person have to have a permit?
Councilwoman Bennington informed him no because they aren't selling
anything.
Mr. Glaser stated he was reading the ordinance and it said a while
back he was going to circulate a petition and he came down to find out
if he needed a permit because it kind of implied he did and they could
never figure out whether he did or didn't so he chose to seek
forgiveness rather than permission and went ahead and circulated the
petition. Mr. Glaser stated so a citizen circulating a petition does
not fall under these. City Attorney Ansay informed him no.
NoraJane Gillespie, stated part of this came about when the Volunteer
Fire Department tried to hire a club to come in here to go door to
door to sell photographs and take pictures down on Mango. This was
what started the whole thing.
Due to there being no further comment, Mayor Thomas entertained a
motion.
Councilwoman Rogers moved to approve Ordinance 2010 -0 -21, second by
Councilwoman Bennington.
The MOTION CARRIED 3 -1. Councilman Cooper voted NO.
G. Resolution No. 2010 -R -14 - Request to approve the Tentative
Millage Rates for Fiscal Year 2010/2011
City Attorney Ansay read Resolution 2010 -R -14 into the record. She
informed Council tonight was the public hearing on the tentative
millage rate and on September 27 th they would have the hearing on the
final millage rate and adoption of the resolution. Since they aren't
doing it by ordinance there aren't two readings required. They have
to take action on the tentative millage rate but the action would not
be to approve the resolution, it would be to approve the rates.
Finance Director McKinney went over the attached Powerpoint
Presentation by describing the Revenue Outlook.
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Council Regular Meeting
September 13, 2010
Mayor Thomas commented on the General Fund budget going down. Mr.
McKinney informed him they were at 2002 -2003 General Fund level with
less staff and providing basically the same level of service.
Councilman Cooper compared the FY10 and FY11 property values and how
much the City lost and yet they still lowered the budget by six
hundred and some thousand dollars. He commented on the projection
being to cut again next year and they still have to run the City. Mr.
McKinney pointed out they were at 42% less assessed value since the
FY08 year when it was almost $1.2 billion. They have used all of
their reserves, except for the 15 %. They have used all of the
available unreserved.
Councilwoman Rogers spoke of only being down $344,000 in the General
Fund budget compared to last year when looking at the overall dollars.
Mr. McKinney informed her $347,108. Councilwoman Rogers commented on
only dealing with that less amount. She pointed out Edgewater hadn't
cut back, laid off or did anything like some of the other
municipalities. She further spoke of positions being frozen and
whenever they freeze positions during the course of the year when they
have amendments to the budget they always seem to be using those
dollars that were put aside for frozen positions to give them reason
to validate why they are able to say they need an amendment for
something. They are using those dollars that they really didn't spend
in the first place to allow them to spend in the second place by
saying they didn't put the money on this frozen position. Mayor
Thomas commented on an amendment being for an unbudgeted, unforeseen
thing that happens during the year. Councilwoman Rogers felt that was
why they had budgets for capital items, repairs and replacements.
They are already doing that in the budget process. Mr. McKinney
commented on the budget amendments that had been done this year.
Councilwoman Rogers stated she was referring mostly to the types of
amendments where they used frozen positions so they didn't spend the
money and here they didn't spend the money and that's been used. They
did quite a few amendments last year. City Manager Barlow commented
on as tight as the budgets get they are going to see more of a need
for amendments because there is no fat there.
Councilwoman Bennington stated the amendments that come before them
were not adding anything to the budget. They were taking them from a
line item from something else they allotted and moving it over to what
they need it for at the time. It's not increasing the taxes. The
frozen positions weren't even budgeted so they can't use those
positions to borrow money from and take it from a line item for a
policeman to fix something they need. Councilwoman Rogers stated that
wasn't always the case and was just one example.
Mr. McKinney commented on the first budget amendment he did when he
came on board being purchasing four new police vehicles. They hadn't
purchased a police vehicle in three years. Councilwoman Bennington
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Council Regular Meeting
September 13, 2010
stated the Police budget suffered for some other things they needed
for Council to buy those.
Councilwoman Rogers didn't think the citizens in Edgewater could do
amendments to their budgets. She felt they needed to start thinking
outside the box and start doing something different. She wasn't
saying they could never do any amendments. There were always those
instances, those dire emergencies but people need to become better
informed.
Mr. McKinney continued his Powerpoint Presentation by describing the
Budget Challenges with regard to Debt Reduction.
Councilwoman Rogers asked if they smoothed out some of the debt
service due to the refinancing that there are some they aren't having
to pay debt on so it wasn't showing in the total debt service. They
are going to pay for it a little later. They were able to defer some
of the debt into later years. She felt it was a little misleading to
say they lowered the debt service. They just said they weren't
obligated to it this year or this year and at a later time, it would
come back on the books. Mr. McKinney informed her they had the FIND
debt service. All of that money is held in reserve 100%. He could
pay that debt off tomorrow in its entirety and it wouldn't affect the
General Fund budget whatsoever. The Council gave them authorization
last year to hold that in reserve for cash flow statement purposes
only. Councilwoman Rogers stated so they had the funds in reserve.
If they did pay the debt they would be in violation with the Charter
Reserve requirement. City Manager Barlow informed her that wasn't
part of the emergency reserve. Mr. McKinney informed her this was a
separate bank of money that strictly was put in place for cash flow
purposes only.
Mr. McKinney referred to the debt service schedule as it related to
the SRF. In 2014 the debt service increases $1.5 million. They
talked about in the Budget Workshop if they made no changes in the
Water /Sewer Fund come 2014 there would need to be a 31% increase in
the water and sewer rates in order to pay for the debt service on the
Water /Sewer Fund plus the upkeep and maintenance of the
infrastructure. Council made the decision at the final budget
workshop to smooth it out at 6% annually over the next five years.
They showed in the workshop that this year they needed a 15% increase,
the following year would be a negative increase and the next year
would be a 9% increase. This City has not incurred any substantial
new debt in the time that he and City Manager Barlow have been here
and they have done nothing but reduce it.
Mr. McKinney then commented on Fire Station #55 and this being an
annual debt service of $50,000 over 15 years, which would be the
biggest debt service the City has issued since 2002.
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Council Regular Meeting
September 13, 2010
Councilman Cooper pointed out the refinancing lowered the debt and
saved thousands in interest. Mr. McKinney commented on the FIND
refinancing. Councilman Cooper stated when they refinanced they
lowered the interest considerably which helped to lower the debt.
They added two years but the payment they added was far less than the
payment they were already making. Mr. McKinney commented on how the
economy, foreclosures, and people conserving water have affected the
budget. They knew if they didn't do the SRF debt service they were
looking at a 35% to 40% increase in the rates last year. There was no
way the ratepayers could afford that amount of increase. Councilwoman
Rogers stated he did the best he could with what he had and she wanted
the citizens to realize they have deferred something to a later date
and they don't know what the future will bring and what else will come
about in the City that will change the budget at some time.
Mr. McKinney continued his Powerpoint Presentation by describing the
Budget Fund Unfunded CIP with regard to Street Resurfacing. He
informed Council they allowed the increase in the millage of .231
mills to pave roads. They had the current year paving that was
getting ready to start and the prices came back lower than anticipated
so there was a potential that Evergreen and Mockingbird Lane might
actually be done this fiscal year. They can add more roads to next
year to further accelerate the paving program.
Councilman Cooper commented on the City being behind on the road
resurfacing. Mr. McKinney stated Ms. Dewees would reassess the roads
that can be done on the millage rate that is given or if Council
wanted to reduce the millage rate for the two streets they can do this
year, they could bring that back at the next meeting in advance.
Councilwoman Bennington asked how much they were talking about. Mr.
McKinney informed her $25,000. Councilman Cooper asked what that
would be on the millage. Mr. McKinney informed him it would be 0.415,
which would change the millage to 6.5495.
Mr. McKinney continued his Presentation by describing the Enterprise
Funds - Rate Increase.
City Manager Barlow asked Mayor Thomas to invite public comment after
which time Mr. McKinney would continue his presentation, which he did
at this time.
The following citizens spoke:
Cynthia Degrammont, 213 Ranken Drive, representing part of Ranken
Homeowners Association, stated she was there last year and nothing was
done about their taxes. Last year her taxes went up $800. This year
they could either go up $600 or $2,000. A majority of the homeowners,
28 altogether, their high side is anywhere from $2,000 to $3,000. Her
husband hasn't had a raise in four years. They all need to eat and
they all need drugs. She commented on what some of the homeowners are
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Council Regular Meeting
September 13, 2010
paying in taxes. She asked when they would have a cap on this. Her
husband is never going to be able to retire because in a few years
their taxes are going to be $20,000. She expressed concern with
someone purchasing their property at this rate. She spoke of money
her husband is paying for his mother who has multiple sclerosis. She
asked what she was getting for her money. She would like a
streetlight but it will cost an extra $18 to $20 per month. She asked
what she was getting for $12,500 and what she was getting for an extra
$2,000. They paid for their own road. When she was in New Smyrna
Beach in 1985, they had to pay for their road to be paved. She didn't
understand about repaving. She suggested they do the best they can
with patching the roads.
David Bartek, 201 Ranken Drive, stated they are in the toughest
financial times since the depression. They all know that. The point
of the matter is the Council has said they have this budget, they have
dropped the budget and are operating less. They aren't asking for any
more but the City is asking for more from them. There isn't any work
out there. He isn't collecting unemployment. He's paying his taxes.
He spoke of moving here from Montana. He thought his property was
assessed wrong but after the Property Appraiser looking at it he
determined he didn't make a mistake. He was in shock. He has paid
well over $100,000 in taxes over the last nine years. The Council
just keeps going up and up. He loves Edgewater but felt this wasn't a
Cadillac and they were paying Cadillac prices. He asked Council to
look at this whole thing. He thinks they are almost looking at the
Obama. They are going to whack the richer guys and give everyone else
a break. He suggested they pass it around if they are going to do
that.
Teresa Bartek, 201 Ranken Drive, stated they also do their own road.
They have a little homeowners association, they pay into a fund and
they maintain their road. They have to make a u -turn to get into
Ranken Drive because the City will not grant them an entrance into
their driveway.
Mayor Thomas wanted to know how much their Edgewater taxes had gone
up. Ms. Degrammont informed him $2,000. Mr. Bartek stated he didn't
have the numbers regarding what was Edgewater and what was County.
Mayor Thomas stated all they could do was Edgewater. Ms. Degrammont
informed him $1,000 for Edgewater. Mayor Thomas asked Ms. Degrammont
if her property value went up. Ms. Degrammont informed him her
property value went down by $100,000. City Manager Barlow stated that
was the recapture he was talking about. Ms. Degrammont didn't
understand why her friends in Edgewater were paying $200 - $800 less.
Ms. Degrammont commented on being on the water. They have already
paid for their property and are paying their houses and are doing the
right thing. She didn't know why their property should keep going up
between $600 and $2,000 every year.
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Council Regular Meeting
September 13, 2010
Councilwoman Rogers stated her property taxes were doing the same as
Ms. Degrammont's. The previous Finance Director, Jon Williams, did an
overlay of the City and she believed the figure he used was anybody
that paid $1,500 or more a year in property taxes, he put little red
dots on this overlay. A majority of the taxes are paid from the east
side of U.S. #1 and it is all of the waterfront. Florida Shores is
going through foreclosures, etc. but a majority of the tax base is
still being paid on the east side of U.S. #1. She commented on the
homes that are for sale that are not selling. The ones that are
selling are selling for well below because a lot of people are letting
them go as short sales. As those homes go and as those property taxes
aren't paid, meaning they will not be collected unless a bank pays it
then it goes into foreclosure. Eventually this is what is going to
happen in Edgewater. Where they are getting the crem dela crem as far
as the tax revenue, those people are going to leave. They have more
homes on Riverside Drive in Edgewater for sale than New Smyrna.
City Manager Barlow commented on what was being discussed was the
Property Appraiser and what he values property as on the river, which
has nothing to do with the City of Edgewater. They had no influence
on how he does appraisals or values Riverside Drive properties.
Tonight was talking about the millage rate in Edgewater, not
necessarily the fairness whether property on Riverside Drive's
assessed value is substantially greater than something that is not on
Riverside Drive.
Ms. Vogel pointed out the assessments were going down but the taxes
kept going up.
Jean Vogel, 2435 Swordfish Lane, representing all of their homeowners,
stated they were going to be facing some foreclosures and the City was
going to lose those revenues. They feel they are doing the lion's
share of the taxes for the City of Edgewater. They aren't getting a
break. They need a break. She was concerned about the health of the
City. She made mention of a rating and a bond that would be used.
Mr. McKinney informed her the City wasn't rated. It is cheaper for
the City to buy bond insurance than for the City to be rated.
Ms. Vogel thanked Councilwoman Rogers and applauded her for her
concern for them as citizens. They are looking at a double dip
recession. This is the worst economy this country has ever seen. She
thanked her and has heard over and over again that she is concerned
for the citizens. She asked the Council to take into consideration
not just the people who live on the river but the entire City.
Councilman Cooper stated the Edgewater increase was the smallest of
the three. He needed the people to do the same thing when they go to
the School Board meetings. They went to the maximum on the ad valorem
and so did the County. The City is cutting everywhere they can. The
only thing he can do next is lay people off and that is going to take
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Council Regular Meeting
September 13, 2010
services away. That is the very next thing they are faced with within
the next six months. They need to voice the voice and be at the
School Board and County meetings because that is where they are
getting slammed. Ms. Vogel stated the School Board meeting was going
to be tomorrow night and they were going to be there.
There was a brief discussion regarding people moving out of the State
and the City collecting less because of it.
Councilwoman Rogers stated motive. She told Ms. Vogel when she went
to the School Board meeting, the various parties making the decisions,
find out what their tax bills are and what their motive is. She has
motive up there because she is the only one on the Council that has
gotten tax increases, which she pointed out last year. Her increase
is almost equivalent to one of her colleague's tax bills. People will
say she bought on Riverside Drive but she paid enough for it. She
didn't blow that money and put it into real estate wanting it to do
something for her for the future. That is why her property is for
sale. In ten years she knows she can't afford it.
Susan Hole, 2441 Swordfish Lane, stated their property has been
devalued by 50% since 2004 and their taxes have increased $6,000. She
bought when it was affordable and with hard earned money. She works
70 hours a week to support herself and her family. She didn't see any
retirement in sight. She stated Mayor Thomas mentioned that the
community had voted down big business and condos. She felt they may
have to look at some issues to bring in big business and quit taxing
the normal individual.
Councilman Cooper commented on being in negotiations with other cities
to expand our services and generate revenue. Right now big business
isn't moving anywhere. They are doing everything they can to expand
their services so they can charge other cities and bring more in so
they don't have these huge increases. They are after that in every
way. He spoke of losing one of our largest industries in town. Some
of the things that have been voted on throughout the years have cost
them this homestead problem.
Martha McLeod, 215 Ranken Drive, agreed with what everyone has said.
She spoke to a friend who lives in Waterford Estates and her taxes
will go up $150 if the highest rate here for them will be $1,500 and
their houses are about the same size. Their neighborhood isn't a
gated neighborhood and isn't as gorgeous as Waterford Estates. She
asked the Council to help them. They can't afford to stay where they
are and they can't sell their homes.
Diane Killian, 133 E. Ocean Avenue, stated they moved here from
Broward County. She didn't understand the fairness of taxing. Since
she has been here her taxes went up $600, $800 and $1,000 this year.
Her husband is a retired firefighter. By any means they are not poor,
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Council Regular Meeting
September 13, 2010
they are middle class. Mayor Thomas asked her if she was talking
about her whole tax bill or just Edgewater. Ms. Killian stated just
Edgewater.
Ms. Killian stated as she understands once they claim homestead
exemption, they can't go up more than 30. She asked what happened to
that. Mayor Thomas informed her that was Save Our Homes and he
thought that was working against them.
Ms. Killian stated they can't afford to live here and are going to
have to sell the house they have updated, renovated and put their life
savings into. Fall of the Roman Empire was taxation without
representation.
Bill Glaser, 1703 Needle Palm Drive, stated he has been perusing
budgets and millage rates and he has come to the conclusion that
cities and counties in Volusia County are kind of emulating the folks
in Washington. He made mention of Congress deciding the folks that
receive social security didn't need a cost of living increase for the
last two years but their federal income tax goes up, the cost of food
goes up, their homeowner's insurance goes up and their car insurance
goes up. The Council increased the water and sewer bills and then to
add insult to injury they raised his taxes 10 %. He referred to a
letter from Property Appraiser Morgan Gilreath that didn't have one
number that reflects the millage rates he was paying to any County or
City entity. Everybody had changed numbers from what was on the
paper. He didn't know what the County Property Appraiser's office
could save in not sending out this stuff. If they would just send
them a simple bill letting them know how much their property decreased
and how much they were increasing their taxes it would save a lot of
money.
Due to there being no further comments, Mayor Thomas entertained a
motion.
City Attorney Ansay informed Mayor Thomas that Mr. McKinney had
something he needed to present.
Mr. McKinney continued his Powerpoint Presentation with regard to
Resolution 2010 -R -14 by describing the tentative millage for Operating
and Voted Debt Service. He asked Council if it was okay for them to
move forward with the advertisement at 6.591.
Councilman Cooper stated if they tore this apart again and got it down
to the 6.36 they would see next to nothing in the tax bill as far as a
decrease. He again commented on cutting services and cutting
personnel. He urged the citizens to provide input if they really want
the City to cut services. For two years, the vibe the Council has
received is that the citizens want to maintain services and that
reflects in the budget.
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Council Regular Meeting
September 13, 2010
Councilwoman Rogers stated yes, what they did here from the citizens
that do come to the meetings they weren't always citizens that voiced
this. What they heard mostly was from Fire and Police. She spoke of
it happening in other municipalities. They are cutting back and
Edgewater isn't doing it. They have to start somewhere. She felt the
citizens needed to pay attention when going into this election to what
is the motive of the candidate and who is backing them. Pay attention
to who is backing them and then they will find out if their taxes will
go down in the future.
Councilwoman Bennington moved to approve a tentative Operating millage
rate of 6.591, second by Councilman Cooper.
The MOTION CARRIED 3 -1. Councilwoman Rogers voted NO.
Mr. McKinney continued his Powerpoint Presentation with regard to
Resolution 2010 -R -14 by describing the tentative millage for Voted
Debt Service.
Councilwoman Bennington moved to approve the tentative millage rate
for voted debt service 0.475, second by Councilman Cooper.
The MOTION CARRIED 4 -0.
Mayor Thomas called a ten - minute recess at this time. The meeting
recessed at 8:16 p.m. and reconvened at 8:25 p.m.
H. Resolution No. 2010 -R -15 - Request to approve the Tentative
Budget for Fiscal Year 2010/2011
City Attorney Ansay informed Council this was another resolution
related to adoption of the tentative budget. The resolution itself
would be passed at the September 27, 2010 meeting. She then read
Resolution 2010 -R -15 into the record.
Mr. McKinney went through the attached Powerpoint Presentation with
regard to Resolution 2010 -R -15, the Tentative Summary of Funds. He
informed Council they needed a motion to accept the tentative budget
as presented. All the necessary legal advertisements would be posted
in the newspaper for the final budget hearing.
City Manager Barlow informed Council the next public hearing would be
held on September 27, 2010.
Councilman Cooper commented on the budget including the Fire Station
#55 rebuild. He asked about not starting to pay for it until the
following year. Mr. McKinney informed him that was correct. He then
commented on the tentative schedule with regard to the Fire Station
#55 rebuild. He informed Council if they didn't go forward with the
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Council Regular Meeting
September 13, 2010
project, the budget would reduce and the debt service would not be
issued.
City Manager Barlow reminded Council the bids were out and once they
came back they would have some good, hard numbers.
Councilman Cooper stated originally this was going to be a 15 year
obligation at almost $62,000 a year. He stated Mr. McKinney has done
some adjusting and he's got some better financing and it is reduced
now from $62,000 to $50,000. Mr. McKinney informed him on the
principal but he didn't know what the interest was yet. It could
potentially be between $55,000 and $60,000 total debt service
annually. City Manager Barlow reminded Council this was preliminary
since they hadn't opened the bids yet. Mr. McKinney pointed out they
had 13 prime contractors attend the mandatory pre bid last week.
City Manager Barlow informed everyone this was their match to the
federal grant of $1.1 million. There was a brief discussion regarding
how much time the grant had left.
Due to there being no Council or public input, Mayor Thomas
entertained a motion.
Councilman Cooper moved to approve the Tentative Budget for Fiscal
Year 2010/2011 at $39,253,527, second by Councilwoman Bennington.
The MOTION CARRIED 3 -1. Councilwoman Rogers voted NO.
I. Resolution No. 2010 -R -17 - Request for approval regarding
Contingency Emergency Medical Services Transport
City Attorney Ansay read Resolution 2010 -R -17 into the record.
City Manager Barlow made a staff presentation. He further commented
on a workshop he and Fire Chief Steve Cousins attended at the County
Council level regarding this issue in preparation for their meeting on
Thursday. It looked like they were close to coming out with an
ability to reinstate contingency transport with very specific
guidelines that states when that can occur. He further commented on
some of the guidelines and opportunities.
Mayor Thomas commented on a situation in Edgewater where Edgewater was
denied transport by EVAC and the lady passed away. Our people are
just as qualified as the people at EVAC. City Manager Barlow
commented on that being a key point. It appears the new protocols
will vest the authority with the first paramedic on scene touching
that patient to make that decision. Is this emergency transport and
is EVAC greater than ten minutes out? He also informed Council this
resolution encourages the County Council to include the Fire Chiefs'
in that opportunity.
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Council Regular Meeting
September 13, 2010
Councilwoman Bennington asked if she heard City Manager Barlow say
about reimbursing EVAC. If Edgewater transports, EVAC will still bill
the patient. City Manager Barlow informed her they reimburse us for
that transport. Councilwoman Bennington asked if the patient would
still be billed. City Manager Barlow informed her the patient had to
be billed and there was a cost for that service. The patient's
insurance company would pay for that generally.
Councilwoman Bennington commented on a bill she just received from
EVAC for $612.43. She has had a real problem with EVAC for years.
She realized the County would not let them break away. She thinks
this is a necessary step towards that. If they did it themselves, the
patient wouldn't get a bill and it would fall under their taxes.
City Manager Barlow explained by State Statute, it vests the County of
Volusia the authority to decide who does transport within the County.
EVAC is the only one that can do transport today. They are subletting
them under their agreement to do that and do the billing. He further
commented on seeing very few cities in the State that provide that
service and availability at the cost of the taxpayers. If they are a
resident of that community they do not receive a bill and they only
charge visitors.
Councilwoman Bennington commented on 1% of the City's calls being Fire
and the rest being emergency. She thinks for the amount of money EVAC
charges they should be getting the service of their paramedics that
they have trained to be able to provide this for them. She got great
service but Edgewater was right there. Why couldn't they transport
her? It wasn't life threatening and she didn't need an ambulance.
City Manager Barlow explained the County won't allow them. He pointed
out between 88% and 90 %, which is the same average throughout the
State in communities similar to ours, are emergency medical services
related and the remainder are fire or other emergency related
incidents. He then commented on the demographics of our community
making this unique. He spoke of all patients not necessarily going to
Bert Fish Hospital and the insurance dictating where they go. He
spoke of having to take into account when they get into the full
transport business in Edgewater and how many additional resources that
would take.
Councilwoman Bennington commented on several cases where EVAC was
called and someone was transported to the emergency room, where they
were not admitted and sent home and Medicare /Medicaid would not pay
for it and the patient was stuck paying for the transport bill. City
Manager Barlow commented on this being another challenge that was
discussed at the workshop he attended.
Councilwoman Bennington stated Edgewater's firemen are the greatest
firemen when it comes to medical problems. Hopefully down the line
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Council Regular Meeting
September 13, 2010
they can establish and break away from the County somehow and do their
own transport. She feels that is a trend that is going to come about.
City Manager Barlow commented on Marion County most recently as a
whole County taking over their transport services. If it was the
consensus of Council that they want him to start looking at that, he
felt the way to do that was a regional partnership for transport
services with our regional partners now, South Daytona, Ponce Inlet,
Port Orange and New Smyrna and that way they get to share those
resources.
Councilwoman Bennington felt it was ridiculous to be charged a large
amount of money by EVAC when Edgewater has the people right here that
answer the calls that can do it. City Manager Barlow commented on
those that are getting the EMS transport, even nowadays, whether they
are government or not, they are still charging for that transport and
aren't doing ad valorem taxes.
Councilwoman Bennington commented on EVAC being a non - profit
organization. She wanted to know why the head of EVAC was making
$200,000 a year.
Councilman Cooper felt the protocols needed to be stringent or lenient
enough so a person can be transported because life and safety are
first and foremost over anything. They need to make the protocols as
liberal as they have to so they can transport and save lives and not
lose lives. He doesn't want to see the City go into buying new
ambulances and adding expense. If the protocols are set right it will
balance itself and they will get their fair share.
City Manager Barlow informed Council he placed in their mailboxes
today a study that was recently commissioned by the Civic League of
the Halifax Area.
Mayor Thomas asked for public input.
Cynthia Degrammont, 213 Ranken Drive, asked if they were going to
build another Fire Station. Mayor Thomas informed her yes. Ms.
Degrammont asked where. Mayor Thomas informed her it would replace
the one on U.S. #1. Councilman Cooper informed her it would be
bulldozed and they would put up a new one.
Ms. Degrammont asked if they always have to send the fire engine out
for every call. City Manager Barlow commented on recently
implementing some emergency medical dispatch protocols.
Councilman Cooper stated if they were to do their own EVAC transports,
the cost to the city as it presently stands, they would have to have a
proper number of ambulances and it would be a cost to the taxpayer.
He hoped it would be offset by the charges back to the people that
have to use the ambulance service. As it stands right now, if they
26
Council Regular Meeting
September 13, 2010
fix the protocols it doesn't incur any expense on Edgewater's part and
would generate revenue.
Ms. Degrammont asked if someone could be transported in the fire
engine. City Manager Barlow informed her they had a transport capable
vehicle that looks like an ambulance but it is red.
Mayor Thomas entertained a motion.
Councilwoman Rogers moved to approve Resolution 2010 -R -17, second by
Councilman Cooper.
The MOTION CARRIED 4 -0.
Councilman Cooper stated they have a refurbished ambulance and asked
City Manager Barlow if they had permission to use that. City Manager
Barlow informed him that was the one they have been using since 2004.
They ran it until 2010 and just replaced it this year. They have a
brand new one and kept the older one as a reserve.
9. BOARD APPOINTMENTS
A. Planning & Zoning Board - Councilwoman Rogers' appointment due
to the expired term of Pat Card, who seeks reappointment
Councilwoman Rogers moved to reappoint Pat Card to the Planning &
Zoning Board, second by Councilman Cooper.
The MOTION CARRIED 4 -0.
10. OTHER BUSINESS
A. Request to acknowledge proposed revisions to the ParkTowne
Industrial Center Development Agreement and authorization for
the Mayor to sign the acknowledgement page
City Manager Barlow made a staff presentation.
Councilman Cooper referred to Paragraph 3 and stated Edgewater may
have property in ParkTowne but no longer manages or owns ParkTowne and
asked if they have a right to do this. He then mentioned Edgewater
having no more rights than someone else who owns property there.
Development Services Director Darren Lear explained they still had to
bring that in front of Council to make that change. They are talking
about amending the PUD Agreement for ParkTowne. Councilman Cooper
felt what he was telling him was they still had some control over
ParkTowne and by voting for this tonight they would be telling
ParkTowne to get on board and not make this so confusing.
27
Council Regular Meeting
September 13, 2010
Councilman Cooper asked if they had any insight that they were going
to go along with this. Mr. Lear informed him it took a long time for
it to get two driveways put in there. This could take a while to come
back before Council to amend the PUD agreement. The City is the
property owner and were voting as a property owner.
Due to there being no public input, Mayor Thomas entertained a motion.
Councilwoman Bennington moved to authorize the Mayor to sign the
acknowledgement page of the proposed revisions to the ParkTowne
Industrial Center Development Agreement, second by Councilwoman
Rogers.
The MOTION CARRIED 4 -0.
B. Request to approve the co- sponsorship and Indemnification
Agreement between the City and Jamfest Productions, LLC for
in -kind services for the October 16, 2010 concert at the
Edgewater Ranch
City Manager Barlow made a staff presentation.
Councilman Cooper asked about the City generating revenue from this.
City Manager Barlow commented on the local businesses generating
revenue.
Councilman Cooper asked how much the event last year generated to the
City. City Manager Barlow commented on being reimbursed about $4,500
for services the City provided. He further commented on this being a
tremendous benefit to Edgewater.
Due to there being no public input, Mayor Thomas entertained a motion.
Councilwoman Bennington moved to approve the co- sponsorship and
Indemnification Agreement between the City and Jamfest Productions,
LLC for in -kind services for the October 16, 2010 concert at the
Edgewater Ranch, second by Councilwoman Rogers.
The MOTION CARRIED 4 -0.
11. OFFICER REPORTS
A. City Clerk
City Clerk Wenzel had nothing at this time.
B. City Attorney
City Attorney Ansay commented on conducting a private attorney- client
session in the Anthony Cassata v. City of Edgewater case that dealt
28
Council Regular Meeting
September 13, 2010
with the police cruiser that rear ended another vehicle. The
mediation was conducted last week and the case had a tentative
settlement in the amount of $25,000 for Council's approval. They
needed to get final approval from Council and the case would be
resolved and they would execute all the necessary releases and
documents to effectuate the settlement.
Councilman Cooper asked what the overall cost to the City was with the
deductible. City Attorney Ansay informed him she believed the
deductible was $5,000. Anything above the $5,000 limit in fees and /or
settlement costs gets paid by the carrier. They needed a motion for
approval of the settlement in the amount of $25,000.
Councilwoman Bennington so moved, second by Councilman Cooper.
The MOTION DIED 2 -2.
City Attorney Ansay wanted to make sure before they move on, as they
spoke at the closed session, the insurance carrier in the event that
the City determines it does not want to settle for this amount will
have certain rights under the policy and they basically control the
settlement. They needed to look closely at the exposure the City now
has financially. If they don't settle for the $25,000, they are
essentially agreeing they will take on the costs to defend the case
and if a judgment of any kind is entered, be financially at risk for
that judgment. This was a case they talked about at length in the
private session in terms of the liability and damages. They think
that liability for the plaintiff was a slam dunk because they were
rear ended. They believe that there are issues related to damages.
They don't think the damages asserted by the plaintiff are what they
have expressed however in order to take that risk and go forward they
are talking about retaining multiple medical experts and a tremendous
cost. The insurance company's decision to settle for $25,000 is a
business decision and they can't do it for less.
City Attorney Ansay stated they would need a motion for
reconsideration.
Mayor Thomas asked for a motion.
Councilwoman Rogers made a motion to reconsider due to the fact that
the City could be held liable as far as a judgment goes and it would
cost them more in the end, second by Councilwoman Bennington.
The MOTION CARRIED 4 -0.
Councilman Cooper made a motion to accept the insurance company's
offer of $25,000 to settle this case, second by Councilwoman
Bennington.
29
Council Regular Meeting
September 13, 2010
The MOTION CARRIED 4 -0.
Councilman Cooper asked what the original asked for settlement was.
City Attorney Ansay informed him she believed it was around $100,000.
C. City Manager
City Manager Barlow commented on the proposed median improvements on
U.S. #1 from Edgewater Plaza north to Wilkinson. Mr. Lear has
established a meeting with the consultant and DOT to talk about this
further. He hoped to have additional information before September
27 There is a public workshop with DOT and their consultant in the
Chambers on October 7 th at 5:00 p.m.
City Manager Barlow reminded Council of the September 27 Council
meeting, which would be the second hearing on the budget stuff.
Councilwoman Rogers asked about the turn lane on Turgot. She wanted
to make sure the parents of the children that go to the YMCA were
aware of the meeting. What they are planning to do will affect the
way the kids are crossing U.S. #l.
Councilman Cooper commented on having a new director to answer to. He
or she will be introduced at the TPO on the 26
Councilman Cooper stated as they ran into the sidewalk problem about a
year ago, is DOT or can they somehow straighten out these rights -of-
way why they lost their sidewalks. They had 54 rights -of -way that
never got addressed and they tried to stick it on them so they lost
the sidewalks. He asked if that would be addressed.
City Manager Barlow didn't know. Councilman Cooper asked if they
could bring that up at that meeting. City Manager Barlow didn't think
the powers that be would be there due to it being a different group of
individuals.
Mayor Thomas commented on what he considered a problem that he
witnessed in City Hall. He saw a guy in there and he was bitching
Lisa out. They all take their share of complaints from the public but
what concerns him is it is taking time away from their normal duties.
If he had a complaint he should have gone to the Police Department and
they tried to point him that way and Bonnie and Lisa work for the
Council. He wanted to give it some thought on what to do. Lisa was
very polite and kept taking it but there gets to be a point where you
need to cut it off.
City Manager Barlow commented on it not happening regularly. He felt
frequency was pretty low. Unfortunately being a public servant and
trying to be accessible and open to the citizens it's hard to
prescreen them before they come in.
30
Council Regular Meeting
September 13, 2010
Councilman Cooper informed the citizens they can contact the
Councilmembers. He encouraged them to use the Council as their
sounding board and to not be afraid to.
Mayor Thomas stated most of the people he wanted to talk to had
already left the meeting but he wants the citizens to tell them what
kind of quality of life they want in Edgewater. They have attacked
the budget since he has been here in 2005. They had the sale of
ParkTowne and they are working on getting out of debt. When he moved
here in 1978, Florida Shores had wells, septic tanks, and dirt roads.
He loves his sewer, he loves his garbage pickup and he loves his paved
roads. He then commented on the amendment that would be on the ballot
with regard to allowing the 35' height west of U.S. #1 and not east of
U.S. #1. They have lowered the regulations on inviting new businesses
into Edgewater so they can get them here and reduce the tax rate and
shave the budget.
12. CITIZEN COMMENTS
The following citizens spoke:
Gene Empter, 513 Portside Lane, complimented the Council and staff for
doing a fine job. He was impressed. He finds that the City Manager
in terms of the finance and operation was running well. It's not
problem free but they are never going to not have to deal with the tax
issues. He felt Councilman Cooper said it best of all. It's not
Edgewater. Look at the County. Look at the Hospital. Look at St.
Johns. Those are the ones that he thinks are causing more of the
problems than local. Personally he thinks they are doing a good job.
Mayor Thomas thanked Mr. Empter and told him he loves positive.
Justin Kennedy, 1005 Fernald Street, agreed with Mr. Empter. He felt
there was probably more money that could be cut. He asked at the end
of the day how many jobs are they talking about. They only have 114
employees. Councilman Cooper informed him they had 189 employees. To
get to the target is to set a goal and work toward it. He commented
on good things the Council is working on. He felt the Council was
doing a good job and thanked them.
13. ADJOURNMENT
There being no further business to discuss, Councilman Cooper moved to
adjourn. The meeting adjourned at 9:18 p.m.
Minutes submitted by:
Lisa Bloomer
31
Council Regular Meeting
September 13, 2010
Attest: APPROVED:
City of Edgewater, Florida
n it r
%oryvkii ,RJR
Bonnie Wenzel, City Clerk Michael L. Thomas, Mayor
32
Council Regular Meeting
September 13, 2010
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME -FIRST NAME - MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMI111I
Rogers, Debra Jean City of Edgewater, Council
MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMM EE ON
P.O. Box 1218 WHICH I SERVE IS A UNIT OF:
IS CITY ❑ COUNTY ❑OTHER LOCAL AGENCY
CITY COUNTY
Edgewater Volusia NAME OF POLITICAL SUBDIVISION:
DATE ON WHICH VOTE OCCURRED MY POSITION IS: Cr � / �
/� GE�/g
9 -13 -10 i0 ELECTIVE AP POINTIVE C E�V � D EF
Sal 1 6 jj o
WHO MUST FILE FORM 8B 1
This form is for use by any person serving at the county, city, or other local level of government on an appointed or el b r pp ouncil,
commission, authority, or committee. It applies equally to members of advisory and non - advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes. I
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father -in -law,
mother -in -law, son -in -law, and daughter -in -law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting, who should incorporate the form in the minutes.
. . . . . . . . . . . . . . . .
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side)
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
Debra J. Rogers , hereby disclose that on September 13 20 10 •
(a) A measure came or will come before my agency which (check one)
0 inured to my special private gain or loss;
inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of , b
whom I am retained; or
inured to the special gain or loss of , which
is the parent organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
2, 14 durt — G6041.Ce, 26 1°— d-
pun two ► A ct, r � cap, en .ot 6 6 � i ►/•e,�o c(- 0/4 i Ve
COUrt Mc,s /1 (•e,(kt c a s �sz, (�� ce,A., d/ 'VI" a.Zt-
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pa/L(214 � c ��, d �.e. C� 1/0 /��.
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Q t, /kW/Di/lit r006 1 -61 't-
41 • ' r ra-cy 60460 141, 4tdolq
oif,1 /0 X490) .
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 1/2000 PAGE 2
iv ies
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1 ILE
City of Edgewater
Tentative Public Hearing
September 13, 2010
Revenue Outlook
Historical Property Values & Ad Valorem Tax
Yr Value Mills Tax GF Budget
FY05 $ 664,137,932 - 6.45 $4,125,604 $13,194,640
FY06 $ 812,943,450 - 6.45 $5,045,677 $14,136,921
FY07 $1,089,419,939 - 5.70 $5,983,622 $14,107,382
FY08 $1,195,974,542 - 5.20 $6,053,935 $13,934,557
FY09 $ 981,617,652 - 5.90 $5,606,749 $14,356,423
FY10 $ 822,343,254 - 6.36 $4,968,598 $12,544,666
FY11 $ 685,099,203- 6.591 $4,289,714 $12,197,558
2
1
Revenue Outlook
Revenue Outlook 2011 and Beyond
• Property Tax Outlook
— FY 2011— (16.3 %) ` �,
— FY 2012 — (17.0 %)
— FY 2013 -0% � P�
vr
3
Budget Challenges
Debt Reduction
General Fund Enterprise Funds Reduction
• 2005 - $9,857,233 • $37,001,425
• 2006 - $8,883,985 • $34,625,837 • $3,348,836
• 2007 - $7,618,910 • $31,720,482 • $4,170,430
• 2008 - $6,070,152 • $28,841,268 • $4,427,972
• 2009 - $4,649,000 • $25,958,775 • $4,303,645
• 2010 - $3,376,805 • $23,433,708 • $3,797,262
Total Reduction $20,048,145
4
2
Budget Challenges
Debt Reduction
General Fund Enterprise Funds
.2011 $ 682,560 •$1,562,938
.2012 $ 740,725 •$1,619,286
.2013 $ 484,168 •$1,688,790
5
Budget Challenges
General Fund unfunded GIP
STREETS TO BE RESURFACED COST $ Millage
Pine Tree Dr 442 to 12th $65,120.00 0.1000
Riverview Dr & Monson Rd $29,600.00 0.0455
Evergreen Ave US to Riverside $17,390.00 0.0267
Mockingbird Lane $9,620.00 0.0148
Orange Ave US1 to Riverside $18,500.00 0.0284
Thomas St US1 to Riverside $17,020.00 0.0261
Wildwood Dr * $79,032.00 0.1214
Lone Pine Dr * $11,544.00 0.0177
Cherrywood Dr • $25,530.00 0.0392
Pines Edge Ct * $9,768.00 0.0150
6
3
Enterprise Funds
Rate Increase
•Water / Sewer 6%
•Refuse 0%
•Stormwater 0%
7
Resolution 2010 -R -14
Operating
•Name of the Taxing Authority — City of Edgewater
.Rolled Back rate - $7.7048
• Percentage decrease over Rolled Back — (17.45 %)
•Millage rate to be levied - $6.591
Voted Debt Service
•Name of the Taxing Authority — City of Edgewater
.Rolled Back rate - $7.7048
• Percentage decrease over Rolled Back — n/a
• Millage rate to be levied - $0.0475
a
4
Resolution 2010 -R -15
Tentative Summary of Funds
•Revenues - $39,253,527
•Expenditures - $39,253,527
9
5