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12-06-2010 - Regular AC CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 6, 2010 6:00 P.M. COUNCIL CHAMBERS MINUTES OATH OF OFFICE A. Oath for the Office of Mayor taken by Michael Thomas, as administered by the Honorable S. James Foxman, Circuit Court Judge B. Oath for the Office of Council District 1 taken by Justin Kennedy, as administered by the Honorable S. James Foxman, Circuit Court Judge C. Oath for the Office of Council District 3 taken by Michael Ignasiak, as administered by the Honorable S. James Foxman, Circuit Court Judge Circuit Court Judge Foxman administered the Oath of Office for Mayor to Michael Thomas, Council District 1 to Justin Kennedy, and Council District 3 to Michael Ignasiak. 1. CALL TO ORDER Mayor Thomas called the Regular Meeting to order at 6:04 p.m. in the Council Chambers. ROLL CALL Mayor Michael Thomas Present Councilman Justin Kennedy Present Councilwoman Gigi Bennington Present Councilman Michael Ignasiak Present Councilman Ted Cooper Present City Manager Tracey Barlow Present City Clerk Bonnie Wenzel Present Assistant City Attorney Mike Ciocchetti Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. 2. APPROVAL OF MINUTES A. Regular Meeting of September 27, 2010 1 Council Regular Meeting December 6, 2010 Councilman Cooper moved to approve the September 27, 2010 minutes, second by Councilwoman Bennington. The MOTION CARRIED 5 -0. B. Regular Meeting of October 18, 2010 City Clerk Wenzel stated Councilman Cooper used the word "legalize" and they actually spelled it incorrectly in the minutes so she wanted that to show in the record. It should be "ize" rather than "ese" as they had it. Councilwoman Bennington moved to approve the October 18, 2010 minutes as corrected, second by Councilman Cooper. The MOTION CARRIED 5 -0. C. Regular Meeting of November 1, 2010 Councilwoman Bennington moved to approve the November 1, 2010 minutes, second by Councilman Cooper. The MOTION CARRIED 5 -0. D. Regular Meeting of November 15, 2010 Councilman Cooper moved to approve the November 15, 2010 minutes, second by Councilman Ignasiak. The MOTION CARRIED 5 -0. 3. PRESENTATIONS /PROCLAMATIONS /PLAQUES /CERTIFICATES /DONATIONS A. Presentation of a plaque to the Southeast Volusia Family YMCA partnership with the City on the 2010 Fall Festival and Haunted Forest Mayor Thomas presented a plaque to the Southeast Volusia Family YMCA for their participation with the 2010 Fall Festival and Haunted Forest. B. Presentation of a plaque to Citizens Assisting Police for partnership with the City on the 2010 Fall Festival and Haunted Forest Mayor Thomas presented a plaque to the Citizens Assisting Police for their participation with the 2010 Fall Festival and Haunted Forest. Councilwoman Bennington recognized the members of the Citizens Assisting Police that were present. 2 Council Regular Meeting December 6, 2010 C. Presentation of a plaque to the New Smyrna Beach High School Drama Department for their participation as well as certificates to the students who participated Mayor Thomas presented a plaque to the New Smyrna Beach High School Drama Department for their participation with the 2010 Fall Festival and Haunted Forest. He informed the students he also had certificates for them. 4. CITIZEN COMMENTS The following citizens spoke: Bernard Vazquez, 121 Merrimac Street, he owns two houses in Edgewater and one in New Smyrna Beach. Due to the economic circumstances the home he had in Florida Shores was damaged by the hurricane. While he was waiting to repair it, he got sick and had a heart attack. He went before the Building Official Dennis Fischer and told him what happened. He informed him the house in Florida Shores needed the yard cut. He informed him at the time that he was unable to get over there and he could not make it and wasn't in physical being to complete the job or do anything and he told him he was going to try to sell the place if he could but he couldn't. He received something but wasn't sure what it was because he was busy with his family affairs. When he got back the Building Official Fischer told him he had to do something. He did the work himself. Mayor Thomas informed Mr. Vazquez his time was up and informed him he would have three more minutes at the end of the meeting. He commented on thinking Mr. Vazquez received fines. Mr. Vazquez informed him he was fined $1,000. City Manager Barlow hadn't met with Mr. Vazquez regarding this issue. He agreed to look into this case. Megan Meeks, New Smyrna Beach High School, spoke of going to Japan with People to People and asked if the City would sponsor her. Currently she has $1,400 raised and she needed to raise $6,500. She spoke of a fundraiser she was planning to raise the rest. She also needed a picture of the City Council to take with her. She spoke of what she would be doing when she goes to Japan for two weeks in June. City Manager Barlow commented on how the process works for people requesting donations. Councilman Cooper told her to get with City Clerk Wenzel to put her request in and that they would help her with the fundraisers as well. 5. APPROVAL OF CHANGES /MODIFICATIONS TO THE AGENDA There were no Changes /Modifications to be made to the agenda. 3 Council Regular Meeting December 6, 2010 6. CITY COUNCIL REPORTS Councilman Cooper commented on the money the City was getting from the TPO. The total amount to be given to Edgewater for the U.S. #1 project was $1.5 million with no matching funds. He spoke of City Manager Barlow being a big part of this. Councilman Kennedy had nothing at this time other than to say he was happy to be there and was looking forward to working with everybody. Councilwoman Bennington had nothing at this time and congratulated the two new Councilmen. Councilman Ignasiak commented on the Volusia League of Cities Dinner he and Councilman Kennedy attended in Orange City. Mayor Thomas announced he had gotten engaged and asked his fiance and her daughter to stand. They were planning on getting married next October. Mayor Thomas reported on attending the Mayor's luncheon in Daytona where they talked about unifying the cities on all endeavors. He spoke of being proud of Frank Bruno for bringing the cities together to talk over problems. 7. CONSENT AGENDA A. Authorization for the City Manager to execute a Work Order to Quentin L. Hampton Associates in the amount of $314,800 for engineering services related to the Wastewater Treatment Plant Renewal and Replacement Project Councilman Cooper identified the concerns he had. Brad Blaise, Quentin L. Hampton Associates, addressed the concerns of Councilman Cooper. Councilman Cooper further commented on being concerned with having no money and how much of what they would do as far as design would be subject to change by the time they find the money to do a project of this nature. Mr. Blaise identified this as being an Enterprise Fund. He estimated they would not finish construction until almost 2013/2014 and wouldn't start repaying the money until the end of 2014 or beginning of 2015. City Manager Barlow informed the Council this would have no influence on their ad valorem. He spoke of being shovel ready for the ARRA grants. Mr. Blaise identified this has been part of the City's Utility Plan. They would like to bid the job in 2011. 4 Council Regular Meeting December 6, 2010 Councilwoman Bennington identified the taxpayers wouldn't be paying for it and that the utility payers would. This is something they absolutely need and can't put off anymore. They really don't have a choice. Councilman Cooper asked if there was a way to break this up or if they had to ask for the whole amount of money. Mr. Blaise informed him they would bid this with a schedule of values. He spoke of losing effectiveness as far as the economy's scale if they break it up in bits and pieces. He wouldn't advise trying to parcel this out. Councilman Cooper asked what condition this would bring the plant up to. Mr. Blaise informed him it would essentially bring it up to as good as new condition. They should get another 20 years out of it. Councilman Cooper commented on too often waiting until something is an emergency and then having to drop a huge chunk of change. He asked Mr. Blaise if he had any recommendations. Mr. Blaise felt the staff did a good job maintaining the equipment and keeping it running. Councilman Kennedy commented on the Wastewater and Water Plant being an enterprise that the City garners revenue from. He estimated $20 million a year. He spoke of having to spend money to make money. This is just part of that reinvesting in the infrastructure. Councilman Ignasiak understood what they were doing and why they were doing it. He asked if they were looking at expanding and enlarging the capabilities they have for the future. Mr. Blaise commented on a planning document that had been prepared which identified a mechanism for increasing capacity down the road. He spoke of having to build new structures and put in new equipment in order to get additional capacity. He commented on types of things that would be used to fund the next expansion phase. Right now they are supporting the existing customer base and being able to fully utilize what they currently have. He spoke of having ample capacity with some reserve capacity. Mayor Thomas asked for public comment. The following citizen spoke: Dominic Capria, 606 Topside Circle, felt what was happening was a good thing. He felt $5 million was a lot of money. The $314,800 they had a $3 million grant. If they did not use it, would that come out of the $3 million grant? City Manager Barlow wasn't sure what $3 million grant Mr. Capria was talking about. Mr. Capria informed him the one they got from the government. City Manager Barlow informed him that grant applied towards the ground storage tank and the water wells and had nothing to do with this. 5 Council Regular Meeting December 6, 2010 Mr. Capria commented on doing this for future development. He asked if it had anything to do with the Restoration project. City Manager Barlow informed him this didn't have anything to do with future development and was refurbishing the existing plant. Mayor Thomas entertained a motion. Councilwoman Bennington made a motion to authorize the City Manager to execute a Work Order to Quentin Hampton Associates in the amount of $314,800 for engineering services related to the Wastewater Treatment Plant Renewal ad Replacement Project, second by Councilman Ignasiak. The MOTION CARRIED 5 -0. There was a ten - minute recess at this time. The meeting recessed at 6:44 p.m. and reconvened at 6:55 p.m. 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS There were no Public Hearings, Ordinances or Resolutions at this time. 9. BOARD APPOINTMENTS A. Recreation and Cultural Services Board - Councilman Cooper's appointment due to the expired term of Debra Sopko, who seeks reappointment Councilman Cooper moved to reappoint Debra Sopko to the Recreation and Cultural Services Board, second by Councilwoman Bennington. The MOTION CARRIED 5 -0. B. Animal Control Board - Councilwoman Bennington's appointment due to the expired term of Dr. Davis Vanis, who seeks reappointment Councilwoman Bennington moved to reappoint Dr. Davis Vanis to the Animal Control Board, second by Councilman Cooper. The MOTION CARRIED 5 -0. C. Planning and Zoning Board - Councilwoman Bennington's appointment due to the resignation of William Miller Councilwoman Bennington moved to appoint Gene Emter to the Planning and Zoning Board, second by Councilman Cooper. The MOTION CARRIED 5 -0. 6 Council Regular Meeting December 6, 2010 Councilman Cooper asked Mr. Emter to come forward. Mr. Emter thanked the Council for the appointment and was looking forward to working with Darren and the rest of the Committee for the good of Edgewater. 10. OTHER BUSINESS A. Ratification of the Teamsters Agreement (Police Union Contract) City Manager Barlow made a staff presentation by identifying five minor amendments to the Teamsters Agreement. Staff recommended approval. Councilman Cooper commented on the Police employees they gave raises to being the lowest paid and getting a very small raise on a five year plan. He asked if they got the stipend as well. City Manager Barlow informed him the stipend was a flat fee and this was a rate increase to bring them up to where they should be. Mayor Thomas asked for public comment. The following citizen spoke: Dominic Capria, 606 Topside Circle, pointed out he was not against giving raises. He still felt they gave raises in 2009 and 2010. There is no question in his mind. He asked if there was a clause in the contract for raises regardless of giving raises or not. City Manager Barlow informed him there was not. Mr. Capria felt that proved he was right. Mayor Thomas asked Councilman Ignasiak to comment on losing officers to other agencies since he served as Police Chief for a number of years. Councilman Ignasiak has seen it happen here over the last three or four years. It is directly related to the economy. He knows the Police Department has lost some of its better officers that have gone on to other agencies. They put a lot of money and time into these people and to see them walk away because the dollars are significantly lower here than someplace else. They are taking a double hit because now they have to find somebody and start the process all over again. This is an investment in the safety of the community. Salaries are a critical issue with Police Officers. He felt $12 an hour was crazy because of the risks they take. They needed to keep these officers here. Mayor Thomas entertained a motion. 7 Council Regular Meeting December 6, 2010 Councilman Cooper moved to approve the October 1, 2009 - September 30, 2012 Teamsters Agreement for fiscal year 2010/2011, second Councilwoman Bennington. The MOTION CARRIED 5 -0. 11. OFFICER REPORTS A. City Clerk City Clerk Wenzel wanted to move the December 20 Council meeting to December 13 at 6:00 p.m. At 5:00 p.m. they would have a joint workshop with the Pension Boards. It was the consensus of Council to hold the joint workshop at 5:00 p.m. with the regular meeting to follow at 6:00 p.m. on December 13 th . City Clerk Wenzel informed Council the first meeting in January was scheduled for the 3 She asked Council if they wanted to move that to January 10 It was the consensus of Council to move the January 3, 2011 meeting to January 10, 2011. City Clerk Wenzel informed Council of the Chamber of Commerce annual meeting on December 15 at noon at the New Smyrna Yacht Club. She asked everyone to let her know by Wednesday if they would be attending so she could RSVP. City Clerk Wenzel informed Council in January there would be an institute for newly elected officials in Gainesville. She asked them to let her know as soon as they could if they wanted to attend or not. City Clerk Wenzel informed Council after our parade on Saturday would be Oak Hill's parade that everyone was invited to. If they hadn't gotten in touch with Oak Hill she asked Council to let her know if they would be attending and she would contact Oak Hill for them. City Clerk Wenzel told everyone that Saturday at noon at the Edgewater /New Smyrna Cemetery was the "Wreaths Across America ". Councilman Cooper further commented on what "Wreaths Across America" was. He encouraged everyone if they could to go. City Clerk Wenzel asked the Council to provide her with their shirt sizes so she could order shirts for them. City Clerk Wenzel wanted consensus from Council regarding the Volusia League of Cities dinners and whether the City will pay for them or the Council would pay for the dinners themselves. 8 Council Regular Meeting December 6, 2010 Councilwoman Bennington suggested they keep it the way they have been doing it. Mayor Thomas congratulated and welcomed Councilman Kennedy and Councilman Ignasiak. Mayor Thomas stated they have several things they do outside of meeting in the Council Chambers and they try to share the load. He is a member of the VCOG and needed an alternate. He also does the Mayor's luncheons and is a member of the VCOG smart growth committee and he was a member of WAV. Councilman Cooper has really helped him out. He was doing the TPO, the RCC and the YMCA. Councilman Cooper no longer wanted to serve on the YMCA board. Councilwoman Bennington was doing CAPS, the Pension Board and the School Board. Councilwoman Bennington no longer wanted to serve on the School Board. Councilman Ignasiak agreed to take the YMCA Board if Councilman Kennedy would take the School Board. Mayor Thomas stated they needed an alternate for VCOG in case he couldn't go. Councilwoman Bennington agreed to be the alternate. Mayor Thomas stated they also needed to select a Vice Mayor. He put a lot of thought into it and pointed out that Councilwoman Bennington had the most experience having served on prior Councils and felt she would be very capable for the job. He recommended Councilwoman Bennington to be the Vice Mayor. City Clerk Wenzel informed him she believed they needed to have that on the agenda. Mayor Thomas thought they did it at the first meeting after the election. City Clerk Wenzel informed him they do but everyone was not sworn in and they were going to plan on doing that on December 13 B. City Attorney Assistant City Attorney Ciocchetti stated at the last Council meeting they authorized the Mayor to execute a form contract provided by Quentin Hampton between the City and Pat Cook Construction for the construction of Fire Station #55. After the meeting Ms. Ansay asked staff to provide her with documents related to the ARRA Fire Station grant award. After reviewing the documents, she recommended two changes be made to the form contract with Pat Cook which he hasn't entered into that contract yet. Specifically the following language was suggested to be added to ensure the City can terminate the contract in the event there is any problem with the grant money. As Section 1925 they proposed the following language: "In the event the City is not appropriated sufficient funds by the federal government pursuant to the ARRA assistance to firefighters fire station 9 Council Regular Meeting December 6, 2010 construction grant as anticipated for payment of a majority of the costs to be incurred pursuant to this contract and the non appropriation of funds did not result from any act or failure to act on the part of the City the City shall have the right to terminate this contract upon notice to the contractor. Should the City provide contractor with notice, contractor may request payment of forecosts of any materials or labor actually incurred through the date of the notice recognizing the contractor is required to mitigate damages to the greatest extent possible ". Assistant City Attorney Ciocchetti stated they also proposed the following language to Section 20.2 "contractor agrees to fully cooperate with the City in its efforts to obtain reimbursement for moneys awarded pursuant to the ARRA assistance to firefighters fire station construction grant. The contractor agrees to abide by the grant agreement articles which govern the City's ability to receive funding pursuant to the ARRA assistance to firefighters fire station construction grant. The City reserves the right to terminate the project if the contractor fails to abide by the grant agreement articles or in the event the City is notified it is no longer eligible under the ARRA assistance to firefighters fire station construction grant ". What they are trying to do is protect the City in the event the funding does not come through there is an out on the contract. He was asking for a motion to approve the following language to be inserted into the contract. The contractor, Pat Cook, has agreed to the revisions of the contract. Councilwoman Bennington made a motion to approve the changes, second by Councilman Ignasiak. The MOTION CARRIED 5 -0. C. City Manager City Manager Barlow commented on the final amended Orientation Schedule. City Manager Barlow informed Council he would probably cancel the meeting on February 21 which falls on President's Day. They would have the February 7th meeting and cancel the February 21 meeting. Councilwoman Bennington questioned Council continuing with only one meeting a month. City Manager Barlow informed her they would get through February and reassess that at the first meeting in March. 12. CITIZEN COMMENTS The following citizens spoke: 10 Council Regular Meeting December 6, 2010 Mike Visconti, 316 Pine Breeze Drive, stated he was just informed that across the street north of the pond the land was for sale. He asked if they thought the City should be interested in that for future use of making the park larger. City manager Barlow informed Council north of the fountain there was one vacant parcel between there and Ferd Heeb's property. That was put on the market right after they did their master plan and finished off Kennedy Park. They are always interested for expansion but it comes down to priorities as it relates to available funds. Mr. Visconti felt at this time when real estate is low, he felt this was an opportunity. He spoke of Kennedy Park being too small for what it is being used for. He suggested somehow they get some funds to appropriate that piece of property for the City for the future. Councilman Cooper asked if they knew how much they were asking. City Manager Barlow couldn't recall but he didn't remember it catching his attention as being a good deal. Bernard Vazquez, 121 Merrimac Street, wanted to postpone this and he would take his issue up with City Manager Barlow. Mr. Vazquez asked him if he was the Fire Chief at one time here. City Manager Barlow informed him that was one of his roles. Mr. Vazquez thanked Council for their time and stated he would rather meet with the City Manager and make an appointment to speak to the Council later. Leo Towsley, 2828 Unity Tree Drive, asked if anyone had taken into consideration what he had mentioned before about what to do about the foreclosed houses. City Manager Barlow informed him the only thing they have been able to continue is an aggressive code enforcement program to manage those properties. He referred to an article in the newspaper on Sunday regarding Port Orange and the agreement with the SHIP program. The neighboring cities that do have grant opportunities are trying to get out of that business. Mr. Towsley was looking for the City to go after the banks to do maintenance on these buildings and somehow make them or add it to their tax bill on what the maintenance would cost. He assumed the taxes were being paid on these properties. He suggested it should be added to the tax bill rather than just putting liens on the building. City Manager Barlow informed him they didn't have the authority to add it to the tax bill. He spoke of being very aggressive as far as going in there and going through the code enforcement process and then putting liens on the property to recoup our costs. They have been very successful in having those returned to them. City Manager Barlow commented on the Jane Church property that has been an issue for many years that was recently foreclosed on by the City. Mike went to the public auction last week and the City was awarded that through sale. The City will try to resell the property. 11 Council Regular Meeting December 6, 2010 Councilman Cooper commented on the Code Enforcement process being a lengthy process and it being put in to protect the citizen. Their hands are tied until they go through the whole process. City Manager Barlow stated it was a Florida State Statute. Councilwoman Bennington informed Mr. Towsley the City can't do any more than what they are doing but the neighborhoods could come together and help clean up these places and be civil to each other. That is the only alternative they have. Mr. Towsley doesn't want to see the City go to shambles. 13. ADJOURNMENT There being no further business to discuss, Councilwoman Bennington moved to adjourn. The meeting adjourned at 7:28 p.m. Minutes submitted by: Lisa Bloomer, CMC Attest: APPROVED: City of Edgewater, Florida N\k 0 l k lP J31, ; Wenzel, City Clerk Michael L. Thomas, Mayor { 7: NIVAT 12 Council Regular Meeting December 6, 2010