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01-10-2011 - Regular CITY COUNCIL OF EDGEWATER REGULAR MEETING JANUARY 10, 2011 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 Excused 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 A.Special Meeting – November 9, 2005 Councilman Cooper moved to approve the November 9, 2005 Special Meeting minutes, second by Councilman Ignasiak . The MOTION CARRIED 4-0 . B.Regular Meeting of September 13, 2010 Councilman Ignasiak moved to approve the September 13, 2010 minutes, second by Councilman Cooper . The MOTION CARRIED 4-0 . C.Regular Meeting of December 6, 2010 Councilman Cooper moved to approve the December 6, 2010 minutes, second by Councilman Kennedy . The MOTION CARRIED 4-0 . 1 Council Regular Meeting January 10, 2011 D.Regular Meeting of December 13, 2010 Councilman Ignasiak moved to approve the December 13, 2010 minutes, second by Councilman Kennedy . The MOTION CARRIED 4-0 . 3.PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A.Mayor Thomas to present a Proclamation to Mr. Jack Hayman for eight years of service as District 3, County Councilman Due to Jack Hayman not being present, Mayor Thomas was unable to present a proclamation to him for his eight years of service as District 3 County Councilman. B.Presentation of a check by Phil Ehlinger, Director of Volusia County Economic Development, for their partnership in the recently adopted Comprehensive Economic Development Strategy (CEDS) Phil EhlingerJoie , Director, Volusia County Economic Development and Alexander , District 3, County Councilperson introduced themselves. Mr. Ehlinger presented a check for $10,000 for the cost of the City’s Strategic Plan. 4.CITIZEN COMMENTS The following citizens spoke: Dominic Capria , 606 Topside Circle, asked if there would be any discussion on the Restoration project and that it be brought up now instead of at the end of the meeting. Mayor Thomas informed him it was on the agenda and City Attorney Ansay would discuss it when the time came. Carol Ann Stoughton , 2740 Evergreen Drive, commented on the letter Dennis Vincenzi put in the newspaper about Restoration. She referenced the City Manager and Mayor citing politics as the reason for the denial. She felt that was not so. She felt it was wonderful that they presented a $10,000 check to the City which could help pay for City Attorney Ansay‘s fees with regard to the Restoration project. She wanted the City to inform the people how much in debt they are in from pushing this down the people’s throats. 5.APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA There were no Changes/Modifications to the agenda at this time. 2 Council Regular Meeting January 10, 2011 6.CITY COUNCIL REPORTS Councilman Kennedy spoke of working on a scholarship program, partnering with the Chamber of Commerce, which would be presented to the Council in the future. Councilman Ignasiak commented on meeting with the Director of the YMCA. He would be meeting with the Board within the next two weeks. Councilman Cooper referred to a letter the City received from Sheriff Ben Johnson. He confirmed City Manager Barlow had a meeting on the issue tomorrow. Mayor Thomas reported on the Mayor’s lunch he attended where they discussed Team Volusia Economic Development. They would be meeting with the three Southeast Volusia Mayor’s tomorrow to discuss more strategies to create jobs and stimulate the economy. 7.CONSENT AGENDA A.Authorization of contract modification for the window protection obtained through the Hazardous Mitigation Grant Program (HMGP) Councilman Cooper moved to authorize the Mayor to execute the modification to the HMGP DR-1539-038-R Contract, approve the Consent Agenda, second by Councilman Ignasiak. The MOTION CARRIED 4-0 . 8.PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS st A.1Reading, Ordinance No. 2011-O-01 – Amending the City’s Comprehensive Plan to update the Capital Improvements Element (CIE) and the accompanying Capital Improvements Program (CIP) City Attorney Ansay read Ordinance 2011-O-01 into the record. City Manager Barlow made a staff presentation and answered a question presented by Councilman Ignasiak. Due to there being no further Council comment and no public comment, Mayor Thomas entertained a motion. Councilman Cooper moved to approve Ordinance 2011-O-01, second by Councilman Ignasiak . The MOTION CARRIED 4-0 . 3 Council Regular Meeting January 10, 2011 B.Resolution No. 2011-R-01 – Supporting and participating in the Let’s Move Campaign focusing on health and education wellness, continuing education and healthier lifestyles in all communities City Attorney Ansay read Resolution 2011-R-01 into the record. City Manager Barlow made a staff presentation. City Manager Barlow then commented on an upcoming Mayors’ Fitness Challenge and the Chile Program. Councilman Cooper, Councilman Ignasiak and Councilman Kennedy identified concerns and presented comments with regard to this resolution. Due to there being no public comment, Mayor Thomas entertained a motion. Councilman Ignasiak moved to approve Resolution 2011-R-01, second by Councilman Kennedy . The MOTION CARRIED 3-1. Councilman Cooper voted NO. C.Resolution No. 2011-R-02 – Identifying Future Transportation Needs and requesting inclusion of Identified Needs into the Volusia County Transportation Planning Organization’s Long Range Transportation Needs Plan City Attorney Ansay read Resolution 2011-R-02 into the record. City Manager Barlow made a staff presentation. Karl Welzenbach , TPO Executive Director, presented two suggestions to Council. At this time Mr. Welzenbach and City Manager Barlow answered questions presented by Councilman Kennedy, Councilman Ignasiak, and Councilman Cooper. Mayor Thomas asked for public comment. The following citizen spoke: Carol Ann Stoughton , 2740 Evergreen Drive, commented on not wanting SR 442 going west. She felt it was something Restoration wanted that the City would end up paying for. Due to there being no further comments, Mayor Thomas entertained a motion. 4 Council Regular Meeting January 10, 2011 Councilman Cooper moved to request the City Council adopt Resolution 2011-R-02 as it stands without the changes because as City Manager Barlow had said to them all they are doing is adding it to their thing that they support what is on there and if they get an agreement with the other cities involved they can go back to the TPO but the TPO will not put this on the plan until that happens . City Manager Barlow clarified the TPO would not list every single initiative on Exhibit A but those that are qualified they would recognize. He suggested he include as amended. Councilman Cooper stated with the amendment that was recommended . Mayor Thomas asked if that was with Mr. Welzenbach’s recommendations. Councilman Cooper asked if they wanted Mr. Welzenbach’s recommendations or just the amendments as they stood in the document. City Manager Barlow informed him staff’s recommendation was as it stands in the document they had as long as Council clearly understands going into the vote that Mr. Welzenbach has communicated that there are a couple initiatives on there by policy they can’t include the needs plan but it still consolidates their efforts. Councilman Ignasiak seconded the motion . The MOTION CARRIED 4-0 . 9.BOARD APPOINTMENTS A.Planning & Zoning Board – Councilwoman Bennington’s appointment due to the resignation of Justin Kennedy This item was continued to the next meeting when Councilwoman Bennington would be present. B.Volusia County Transportation Planning Organization Citizens Advisory Committee – Mayor Thomas’ appointment due to the resignation of Ferd Heeb, remaining as alternate Mayor Thomas recommended the appointment of Bliss Jamison with Ferd Heeb being the alternate. Councilman Cooper moved to approve Mayor Thomas’ recommendation to appoint Bliss Jamison with Ferd Heeb as the alternate to the Volusia County Transportation Planning Organization Citizens Advisory Committee, second by Councilman Ignasiak . The MOTION CARRIED 4-0 . 10.OTHER BUSINESS 5 Council Regular Meeting January 10, 2011 A.Request for consideration in helping sponsor Megan Meeks as a People to People Student Ambassador for a June 2011 trip to Tokyo, Japan City Clerk Wenzel made a staff presentation. Megan Meeks , People to People Student Ambassador, answered questions presented by Councilman Ignasiak, and Councilman Cooper. City Clerk Wenzel informed Council based on their budget, they could give up to $100 with what was currently budgeted. Councilman Kennedy thanked Ms. Meeks. He suggested she get with him after the meeting and that he could get her some funds from the New Smyrna Beach Middle School PTA and strongly recommended she knock on a few other doors. Councilman Cooper was hoping for a much greater amount than $100. He asked if there was anything they could do in the City to help boost the $100 up a bit. Councilman Kennedy suggested they get $50 or $100 from each department. City Manager Barlow informed him the Council was in charge of the budget so if they told him they wanted a certain amount he could find the money and bring it back as a budget amendment. Councilman Cooper suggested $1,000. City Manager Barlow informed him if they tell him $1,000 he will find $1,000. Councilman Cooper stated as a consensus he would recommend they try and raise $1,000 within the City through all of their departments to help Ms. Meeks reach her goal . Councilman Ignasiak questioned if this would be tabled until they see if City Manager Barlow could allocate those funds. City Manager Barlow City Manager Barlow informed Council he had the authority to make a budget amendment for $1,000. Councilman Cooper stated they had a motion on the floor and that he had just made it. Councilman Kennedy seconded the motion . The MOTION CARRIED 4-0 . Councilman Kennedy asked Ms. Meeks to come back to the Council after she gets back to report on her trip. B.Request for consideration in reducing annexation fees for property located at 4497 US Highway 1, American Legion Post 285 6 Council Regular Meeting January 10, 2011 City Manager Barlow made a staff presentation. The annexation fees were determined to be $11,000. Out of pocket expenses above and beyond staff time was for advertising in the amount of $2,364.27. Wallace (Eddie) Ferreira , Commander, American Legion Post #285, commented on what the Legion does and the organizations they support and provide donations to. Councilman Cooper asked questions of Mr. Ferreira which he answered for him. He further commented on things the American Legion has helped him with throughout the community over the last three years. Mr. Ferreira further commented on having a yard when they get their new building which they do not have now. The following citizens spoke: Carol Ann Stoughton , 2740 Evergreen Drive, expressed her support for waiving all of the fees for the American Legion. Ralph Lapham , Captain of Honor Guard, commented on the amount of hours put in by the Honor Guard and their Honor Guard being second to none in the State of Florida. Corrie Sapp , 2630 Travelers Palm Drive, Realtor that sold them the property, expressed the need for this. Mayor Thomas entertained a motion. Councilman Cooper made a motion to waive all fees to the American Legion Post 285 for their annexation, including the advertising fees, second by Councilman Ignasiak . The MTOION CARRIED 4-0 . C.Authorization for the City to enter into an Affiliation Agreement with Daytona State College and for the City Manager to execute the Agreement City Manager Barlow made a staff presentation. He suggested Council make the motion contingent upon receiving an updated insurance binder with appropriate liability coverage. Due to there being no Council or public comment, Mayor Thomas entertained a motion. Councilman Cooper moved to authorize the City Manager to execute the Affiliation Agreement with Daytona State College with the amendment that the new fascia sheet for full liability coverage is presented, second by Councilman Ignasiak . 7 Council Regular Meeting January 10, 2011 The MOTION CARRIED 4-0 . 11.OFFICER REPORTS A.City Clerk City Clerk Wenzel informed Council of the State of the County address st that would be held Monday, January 31. She asked them to let her know this week if they would be attending. B.City Attorney City Attorney Ansay provided an update on the Restoration case by th referring to a memo dated February 4 that was prepared by her. She then commented on notice she received from the Governor and Cabinet since she sent the memo regarding the Council legally not being able to contact the Governor and Cabinet. She then identified for Council who they could not contact. City Attorney Ansay then answered questions presented by Councilman Cooper with regard to the process starting over based on DCA’s response. She further explained what has happened since the beginning to where they are now. City Attorney Ansay and City Manager Barlow further answered questions presented by Councilman Cooper and Councilman Kennedy. C.City Manager i.Clerk and Manager Evaluations City Manager Barlow made a presentation regarding the City Clerk and City Manager Evaluations. He identified Councilman Ignasiak and Councilman Kennedy could take longer to evaluate them but that they th needed to be completed by June 10 and returned to the Personnel Director. ii.City Council Project Goals City Manager Barlow went through the updated list of Project Goals. City Manager Barlow informed Council the RCC region would like to do a th joint workshop on February 24 at 5:30 p.m. at the Brannon Center in New Smyrna Beach with Edgewater, New Smyrna Beach, Port Orange, South Daytona and Ponce Inlet to talk about the future of fire rescue services. He further informed Council there would be a meeting tomorrow regarding the Volusia County Sheriff’s Office proposal regarding Consolidated Dispatch Services. 8 Council Regular Meeting January 10, 2011 City Manager Barlow then notified Council he had accepted a letter of retirement from Police Chief William Bennett, who would be retiring on th February 28. He would be naming Captain Dave Arcieri as the Interim Police Chief. City Manager Barlow answered questions presented by Councilman Cooper regarding when the Police Chief position would be filled. 12.CITIZEN COMMENTS The following citizens spoke: Carol Ann Stoughton , 2740 Evergreen Drive, questioned being paid back for everything the City has spent with regard to legal fees for Restoration. City Manager Barlow confirmed the City had been reimbursed for every invoice they have sent Don Mears regarding the Restoration project other than anything that may be in a 30-day transition period. Ms. Stoughton asked if they had gotten back all moneys from the developer that the City spent putting utilities out there. City Manager Barlow wasn’t aware of there being any infrastructure out there and if there is it occurred prior to his position. He spoke of the water wells that are out there that are supply wells for the entire City that had nothing to do with Restoration. Ms. Stoughton commented on DCA never approving this project due to not being in compliance. She felt the City used improper census reports. Dominic Capria , 606 Topside Circle, identified what he remembered with regard to Restoration and objections from DCA. He spoke of the wells being dug because of the City receiving a $3 million grant and questioned this applying to water for the Restoration project. He has been told no in the past but felt that remained to be seen. Christine Baird , 2933 Orange Tree Drive, expressed concern with the robberies that had been happening in the community and questioned what was being done. She doesn’t feel as a citizen she was informed as the robberies started occurring in October. She questioned what they could do to get more law enforcement on the road. City Manager Barlow informed her Edgewater wasn’t the only community inflicted with the robberies. Police Captain Arcieri provided an update of what occurred, how they addressed it and where they are today. Mayor Thomas commented on some other things they are doing. 9 Council Regular Meeting January 10, 2011 Police Captain Arcieri answered questions and addressed concerns and comments presented by Councilman Ignasiak, Councilman Kennedy, and Councilman Cooper. Ms. Baird commented on this being a big concern. She had a friend on Tamarind where a suspect entered her home through a broken door and there were three middle school students in the home. There was further discussion regarding how many people are on each shift and the increase in CAPS patrol. Ms. Baird commented on a suspicious incident about people that came to her home to clean her carpets before Christmas. Councilman Cooper commented on organizing citizen awareness. He felt the Police Department and CAPS would be very proactive in starting any kind of citizen awareness. Councilman Cooper then commented on anyone soliciting in our City needing to obtain a solicitors permit. 13. ADJOURNMENT There being no further business to discuss, Councilman Ignasiak moved to adjourn. The meeting adjourned at 7:33 p.m. Minutes submitted by: Lisa Bloomer, CMC Attest: APPROVED: City of Edg-wate , Florida Bonnie Wenzel, City Clerk Mic'ael . Thomas, Mayor 10 Council Regular Meeting January 10, 2011