12-13-2010 - Regular CITY COUNCIL OF EDGEWATER
REGULAR MEETING
DECEMBER 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
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
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
There were no Minutes to be approved at this time.
3. PRESENTATIONS /PROCLAMATIONS /PLAQUES /CERTIFICATES /DONATIONS
There were no Presentations at this time.
4. CITIZEN COMMENTS
The following citizen spoke:
Mark Mallo, 639 Coral Trace Boulevard, read a prepared statement into
the record regarding the condition of the streets in the Coral Trace
Subdivision. He asked if the City would do a walk through with the
homeowners association before it is turned over to the subdivision.
The streets are in bad shape. He commented on the construction trucks
coming in and out of Coral Trace.
Development Services Director Darren Lear informed him they were
private streets and had to be maintained by the homeowners association
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December 13, 2010
and that the developer was part of the homeowners association. Mr.
Mallo asked how the streets are theirs.
Councilman Cooper asked if he wanted the City to give assessments.
Mr. Mallo informed him he did but maybe not complete.
Councilman cooper asked the opinion of City Attorney Ansay who
informed him it sounded like a private matter between the homeowners
association and the developer.
5. APPROVAL OR CHANGES /MODIFICATIONS TO THE AGENDA
There were no Changes /Modifications to the agenda at this time.
6. CITY COUNCIL REPORTS
Mayor Thomas presented his report by commenting on the Christmas
parade on Saturday. He commended Leisure Services Director Jack
Corder and his staff.
Councilman Kennedy dittoed Mayor Thomas comments on the Christmas
parade. He also commented on movie night being very successful. He
then commented on the water deposits and bills being the
responsibility of the property owner. He would like to change the
policy to protect the City and the property owners.
Councilwoman Bennington also commented on the parade. Some of the
residents were not happy with the street closures. Mr. Corder
explained they do it every year. Councilwoman Bennington suggested
they put a sign on the street.
Councilman Ignasiak confirmed it does happen every year but that some
don't listen. He felt the parade was one of the best.
Councilman Cooper also commented on the parade. He felt Mr. Corder
and his staff has done a great job for 20 years. He thanked the City
for the letter to the TPO.
7. CONSENT AGENDA
A. Additional Technical Services (Inspection Services and ARRA
Compliance) from Quentin L. Hampton Associates, Inc. for the
Southeast Ground Storage Tank project in the amount of $21,850
B. Request to approve disposal and /or transfer of Fixed Assets
Councilwoman Bennington moved to accept the Consent Agenda, second by
Councilman Cooper.
The MOTION CARRIED 5 -0.
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Council Regular Meeting
December 13, 2010
8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. 1 Reading, Ordinance No. 2010 -0 -23, Amending the City's
Comprehensive Plan pursuant to the Evaluation and Appraisal
Report (EAR) Based amendments
City Attorney Ansay read Ordinance 2010 -0 -23 into the record.
Development Services Director Darren Lear made a staff presentation.
Councilman Cooper recognized Bob McIntosh and Mr. Lear's staff.
Councilwoman Bennington commented on sending it after the first
reading to DCA and then the changes come back at the second reading.
Councilwoman Bennington moved to accept Ordinance 2010 -0 -23, second by
Councilman Cooper.
The MOTION CARRIED 5 -0.
9. BOARD APPOINTMENTS
A. Construction Board of Adjustments and Appeals - Councilman
Ignasiak's appointment due to the expired term of Michael Bosse,
who seeks reappointment
Councilman Ignasiak moved to reappoint Michael Bosee to the
Construction Board of Adjustments and Appeals, second by Councilwoman
Bennington.
The MOTION CARRIED 5 -0.
B. Construction Board of Adjustments and Appeals - Councilman
Cooper's appointment due to the expired term of Scott Waldroff,
who seeks reappointment
Councilman Cooper moved to reappoint Scott Waldroff to the
Construction Board of Adjustments and Appeals, second by Councilwoman
Bennington.
The MOTION CARRIED 5 -0.
C. Construction Board of Adjustments and Appeals - Councilman
Cooper's appointment due to the expired term of Andrew Hunt, who
seeks reappointment
Councilwoman Bennington moved to reappoint Andrew Hunt to the
Construction Board of Adjustments and Appeals, second by Councilman
Ignasiak.
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Council Regular Meeting
December 13, 2010
The MOTION CARRIED 5 -0.
D. Construction Board of Adjustments and Appeals - Councilman
Kennedy's appointment due to the expired term of James Tindall,
who seeks reappointment
Councilman Kennedy moved to reappoint James Tindall to the
Construction Board of Adjustments and Appeals, second by Councilman
Cooper.
The MOTION CARRIED 5 -0.
E. Construction Board of Adjustments and Appeals - Councilwoman
Bennington's appointment due to the expired term of Michael
Stull, who does not seek reappointment
Councilwoman Bennington moved to appoint Mike Raulerson to the
Construction Board of Adjustments and Appeals, second by Councilman
Kennedy.
The MOTION CARRIED 5 -0.
F. Construction Board of Adjustments and Appeals - Councilman
Ignasiak's appointment due to the expired term of Charles Cobb,
who does not seek reappointment
Councilman Ignasiak moved to appoint Trey Harshaw to the Construction
Board of Adjustments and Appeals, second by Councilwoman Bennington.
The MOTION CARRIED 5 -0.
G. Construction Board of Adjustments and Appeals - Councilman
Cooper's appointment due to the expired term of Donald Slaney,
who does not seek reappointment
Councilman Cooper moved to appoint Mat Ratra to the Construction Board
of Adjustments and Appeals, second by Councilwoman Bennington.
The MOTION CARRIED 5 -0.
10. OTHER BUSINESS
A. Election of Vice -Mayor
Mayor Thomas nominated Councilwoman Bennington to be Vice Mayor
because of her experience.
Councilman Kennedy moved to appoint Councilwoman Bennington as Vice
Mayor, second by Councilman Ignasiak.
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December 13, 2010
The MOTION CARRIED 5 -0.
11. OFFICER REPORTS
A. City Clerk
City Clerk Wenzel had nothing at this time.
B. City Attorney
City Attorney Ansay had nothing at this time.
C. City Manager
City Manager Barlow commented on draft ordinances that would be coming
before Council later.
Councilman Cooper pointed out that Ferd Heeb requested he be the
alternate on the Volusia County TPO, Citizen Advisory Committee (CAC)
for the time being.
City Manager Barlow stated that he would recommend Bliss Jameson for
the TPO, CAC and that Mr. Heeb could be the alternate.
Councilman Cooper commented on the BPO. He requested a meeting with
Councilman Cooper, Brenda Johnson, Ferd Heeb and Darren Lear. He
informed them there was money for bicycles.
City Manager Barlow informed Council he would provide an update on his
Project Goals that they would talk about at the next meeting. The
next meeting was to be held on January 10
12. CITIZEN COMMENTS
Leo Towsley, 2828 Unity Tree Drive, asked the Council if they were
going to do anything about the problem with the condition of the
properties that are in foreclosure.
Mayor Thomas informed him he had a meeting with New Smyrna Beach and
Port Orange tomorrow.
Councilman Cooper asked if the City Attorney had any recommendations.
City Attorney Ansay disclosed that she and City Manager Barlow had
talked. This is something they deal with often. It is a tough issue.
They are bound by Florida Statutes and mortgage documents. Properties
are occupied. Most are upside down. It is a complex problem. The
mechanisms are there and it would be a policy decision.
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December 13, 2010
Councilman Kennedy informed him the City was doing something. It's
not a simple process.
Mr. Towsley wanted the City to make the banks maintain these
properties.
Councilman Kennedy commented on not being able to hold the banks
responsible until it is put in the bank's name. He stated Mr. Towsley
was asking the City to front the money to maintain these properties
and this is not the normal course of business. There is not a simple
solution.
13. ADJOURNMENT
There being no further business to discuss, the meeting adjourned at
6:41 p.m.
Minutes submitted by:
Lisa Bloomer, CMC
Attest: APPROVED:
City of Edgewater, Florida
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Bonnie Wenzel, City Clerk Michael L. Thomas, Mayor
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Council Regular Meeting
December 13, 2010