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09-26-2011 - Regular CITY COUNCIL OF EDGEWATER REGULAR MEETING SEPTEMBER 26, 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 Present Councilman Michael Ignasiak Present Councilman Ted Cooper Present City Manager Tracey Barlow Present City Clerk Bonnie Wenzel Present City Attorney Aaron Wolfe 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 August 15, 2011 Councilman Cooper moved to approve the August 15, 2011 minutes, second by Councilman Ignasiak . The MOTION CARRIED 5-0 . 3.PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS There were no Presentations at this time. 4.CITIZEN COMMENTS Mayor Thomas informed the public he would be moving Item 10A to after Item 6 and they would be able to speak about the wrecker service contract at that time. The following citizens spoke: 1 Council Regular Meeting September 26, 2011 Glenn Miller , 320 Leaning Oak Drive, commented on making a living as a metal recycler. He wanted to speak about the new permit fee the City has. He spoke of it costing them $400 a year for the permit due to the cost of the permit being $28.94 and the permit only being good for three months. He asked Council to adjust this and look at this again. Bill Glaser , 1703 Needle Palm Drive, asked about reducing the amount of City right-of-way that he mows by planting trees, shrubs and flowers in the City right-of-way around his property. Mayor Thomas felt this would mess up the drainage. Mr. Glaser spoke of houses on Orange Tree Drive and Pine Tree Drive that have trees and shrubs and flowers in the City right-of-way and they even received an award from the Garden Club. City Manager Barlow wasn’t specifically aware of where he wanted to locate the plants or what type of shrubbery but he agreed to go out and meet with him on a case by case basis. He then commented on jeopardizing visibility or the stormwater conveyance system. Mike Visconti , 316 Pine Breeze Drive, asked who was responsible for cleaning the retention ponds. He has one behind his house in Meadow Lake and the retention pond is a mess. He wanted to know if the HOA was responsible or if the City was responsible. City Manager Barlow believed the HOA was responsible for the one in the center and he believed the City was responsible for the one between Whistle Stop Park and Meadow Lake Subdivision. Based on Mr. Visconti’s explanation, Environmental Services Director Brenda Dewees determined the retention pond he was talking about was the responsibility of the Homeowners Association. Debra Phillips , 414 Ann Street, spoke of not being able to sell her home because of problems she has had with the people as well as the property across the street from her, which she identified. Mayor Thomas asked if she contacted Code Enforcement. Ms. Phillips informed him she had, several times. Councilwoman Bennington identified Code Enforcement was well aware of this property and was working on it. City Manager Barlow identified a program now available on the website where someone can track a Code Enforcement Case. Anthony Lagano , Property Owner in Edgewater, commented on the sign ordinance and it being changed four times in the 37 years he had his business here before he retired. He felt the sign ordinance today was not feasible for what the City wanted. He spoke of having two sets of zoning Codes in the City, one set for inside the City limits and one 2 Council Regular Meeting September 26, 2011 set for outside the City limits. Most of the properties in the City limits are non-conforming properties. He then commented on the restrictions on driveways, entering and leaving the premises being almost impossible, which he felt would cause a lot of accidents in future years. He spoke of the signs now being required to be almost level with the ground instead of eight feet in the air. He further commented on the setbacks. He felt the signs on the ground would cause accidents due to causing blind spots and people not being able to see underneath them when making turns. He felt this needed to be taken into consideration and looked into. 5.APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA Mayor Thomas again disclosed they were going to move Item 10A to after Item 6. 6.CITY COUNCIL REPORTS Mayor Thomas had nothing at this time. Councilman Kennedy had nothing at this time. Councilwoman Bennington reminded everyone not to forget the Haunted th Forest/Fall Festival to be held on October 29 at the YMCA from 6 p.m. to 10 p.m. The entrance is a can of food. Councilman Ignasiak had nothing at this time. Councilman Cooper spoke of being in northern Illinois and worked his way back through Alabama. He spoke of a small town in Alabama called Eufaula, whose City taxes are 44%. Their outside City taxes are 23%. He was amazed to see that. 10A Authorization for the City Manager to execute contracts with Bishop’s Wrecker Service, Edgewater Towing and Universal Towing for This item was continued from the September wrecker/towing services. 12, 2011 meeting. City Manager Barlow made a staff presentation by summarizing the background information with regard to the wrecker/towing services as well as discussion that occurred at the last meeting. He further identified four options. Mayor Thomas identified he would be taking Council comments first, and then citizen comments and then he would go back to Council comments. City Manager Barlow answered questions and addressed concerns presented by Councilman Cooper with regard to Myron’s having a contract for 20 plus years, the fact that there have been no 3 Council Regular Meeting September 26, 2011 complaints with the service he is providing, Myron’s being located in the City. He questioned penalizing a good service provider. There was a brief discussion regarding Universal Towing not being located in the City. Councilman Cooper then commented on having no clue whether the rotation process would be done with any kind of credibility through RCC and if they would get proper rotation. Councilman Cooper disclosed he would be totally against doing anything but offering the contract to Myron’s Towing Service just as they have done the last twenty years. Councilman Kennedy agreed with Councilman Cooper on a lot of levels. He disclosed that the gentleman from Universal Towing said they had a valid, signed lease. He would support an extension of the Edgewater Towing contract due to being elected by the people of Edgewater and this being an Edgewater business. He spoke of being very troubled by the letters they have received in the mail. He then commented on the signs outside Edgewater Towing implicating them. He spoke of phone calls he has been receiving accusing them of taking kickbacks and somehow “selling out the special interests”. He was insulted by the way this has unfolded. He felt the Council had enough common sense to make a decision on this without being bullied by the letters they have received and the signs at Myron’s. He supported Myron’s employees who live and work in Edgewater. Councilman Ignasiak further commented on the phone calls he has received regarding this issue, business owners he has talked to, and citizens. It all came out with the consistent theme of fairness. He spoke of the misinformation out there and people not understanding that Myron also was on a rotation contract in New Smyrna. When they found that out, that completely changed their mind. One gentleman said if he fishes in their pond they should be able to fish in ours. He felt it was a fundamental element of fairness that if Myron can get on a rotation contract in New Smyrna, why can’t the other company come in here. He felt if they are going to be a City that is going to attract business, then what they do for one they should do for another. Councilwoman Bennington informed Mr. Hammond she took offense to the signs he had outside his business. She asked him how he felt when he was in the same position and somebody was accusing him of things he didn’t have anything to do with. She took that as a personal affront to the Council. She understood being fair and wanted to hear the presentations as to why they are giving up 20 years of service to a businessman in Edgewater. 4 Council Regular Meeting September 26, 2011 Mayor Thomas knows nothing but Edgewater Towing. His grandson turned 16 and just got his driver’s license so he took him to Myron’s, got some of his business cards and told his grandson if he ever breaks down to call Myron’s. He spoke of instances in the past when Myron has helped him. He then spoke of complaints he has received regarding taxes being too high here and needing more business. He also identified Mr. Bishop as being a resident of Edgewater. He wanted to be fair about this. Councilman Cooper disclosed that the signs at Myron’s did not offend him. They are on the Council to take it. He liked the fact that he was enthusiastic. He disclosed Myron was requested to be on the rotation because he was the only one who had the equipment to do the job in New Smyrna. He identified Myron was nodding yes. He felt Myron did New Smyrna a favor and should not be penalized for providing a service that he was asked to do. Mayor Thomas asked for public comment. Mike Visconti , 316 Pine Breeze Drive, questioned what was going on between Volusia County and Edgewater and mentioned the issue with EVAC and a decision made by Fire Chief Cousins to transport a patient which led to his license being suspended for 90 days. Now the towing issue. He felt Bishop’s and Universal Towing would be taking work away from Edgewater Towing. He spoke of the money paid to the County for every police tow and every tow for the north district of Volusia. Edgewater Towing is not paying any of these fees to the County. He mentioned Edgewater Towing being in the top 10% in the nation for service and customer satisfaction. He has been rated #4 for customer service and satisfaction here in Florida for the last five years. He felt that made a statement that this company represents the City. He spoke of rd him losing 80% of his business, 2/3 of his business if they bring two more towing companies to Edgewater. Bruce Sewell , General Manager, Universal Towing, 2210 Hibiscus Drive, explained they weren’t taking any business away from Edgewater Towing. He pointed out that people can ask for a different towing company. He felt this was only about choice and all about business. They have been to Edgewater four times today towing. They are here all day already and are just opening up a business in town. If they are going to stop them from doing that, then he felt something was wrong with that. They have heard the same cries three times. He spoke about the same issue being brought up in New Smyrna. He further spoke of bidding on the County contract just like Myron did and Universal Towing won. Myron’s boycotted the County so it would stay on a rotation. Universal towing were the only ones that stood up and helped the County. He felt they were doing the right thing and that the Council should really look at that. He felt if they wanted one company, they should put the bid back out and put the price up for one company. The County and Edgewater do pay the City $30 a car already 5 Council Regular Meeting September 26, 2011 so they pay just as much as everybody else does. He also mentioned only being a towing service and not having an automotive service shop and a body shop. He felt everybody in town benefits from them. Frank Campagnolo , Universal Towing, 1911 Berry Lane, Port Orange, identified where he has lived and the businesses he has had over the years. He commented on Myron trying to sell him his business five times in the last four years. He wants $4.5 million for it. John Reilly offered it to him for $800,000 if Myron didn’t buy it. He spoke of when he came to the City 2 ½ years ago to get an occupational license he was thrown out of a building on Flagler Avenue. He then commented on a contract that was expired. When they found out he was trying to get on it they called Myron and $30 a car he put it for $10 a car. It never went out to bid. They are doing the same thing they did 2 ½ years ago. He spoke of having three people that live in Edgewater want a job with them. He spoke of Myron’s not being on the County because they boycotted and didn’t want to pay. Just because he doesn’t have a house here shouldn’t be reason to keep him out. He spoke of having to buy a building here that he has to take no matter what. He felt it hasn’t been fair the way the City has treated him the last three years. Diane Hammond , 1980 Waterford Estates Drive, New Smyrna Beach, stated she didn’t understand. She goes by the saying “If it isn’t broke why fix it.” Myron is a good man and has worked hard to establish his business. She didn’t know what the motive might be. She asked if the end justified the means. Ultimately Edgewater Towing was going to suffer financially from it. The other two businesses had only something to gain from it. She spoke of the employees they have had for many years that they care greatly about and this also affecting them. She asked Council to consider their actions. Samuel Beaty , India Palm Drive, stated he didn’t understand why Universal was even here due to their business being far away. He could understand Bishop’s going on the rotation if that was the agreement that came about. They have worked with Bishop’s for a long time and know they are trusted. They rely on Bishop’s just as much as the City relies on Myron’s. He thanked Councilman Cooper and anyone else that supports them. He spoke of losing business and towing being real slow in general when it comes to police tows, even in New Smyrna. Caroline Cope , 2114 India Palm Drive, expressed her concern with Universal Towing opening up right around the corner from her. She felt if that was a police compound there would be traffic all night long in and out of there. She spoke about reading in the newsletter about picking up animal waste. She asked who would pick up the chemicals from the vehicles that would be sitting in an open field pooping into the ground, not to mention the wells around that area that these chemicals will seep into over time. She didn’t want to see 6 Council Regular Meeting September 26, 2011 children born with defects 20 years down the road. She hoped the Council would make the right decision. Gene Emter , 513 Portside Lane, stated he realized there were a number of issues connected with this decision. He then asked three questions. What precipitated the RFQ in the first place and why it came about? In terms of the towing process, who determines the towing fees and if they were uniform or spread about? How does the rotation or the single towing operation benefit the City? He spoke of trying to keep the politics out of it. Isaac Newberry , 2515 Kumquat Drive, stated he was all about the idea of a company trying to grow and expand but the town is not growing. He spoke of all of the vacant and foreclosed properties in Florida Shores and Edgewater as a whole. He works for Myron and sees the money people don’t have. He felt it made no sense to him to bring two other towing companies into a town that can barely support one. Dominic Capria , 606 Topside Circle, pointed out that Myron lived in Edgewater for a good many years. He has a business here and that is all that counts, not where he lives. He felt they should support Myron all the way. He spoke of impact fees that were given to the Dollar General and 7-11 which cost the City quite a bit of money that will not be recovered for years. He was afraid Myron would have to lay off people and possibly lose his business. Lou Lingo , 187 Azalea Road, he asked the Council to draw a line in the sand and questioned if they wanted to cross that ethical line in the sand to throw a man under the bus that has put his life, family, and earnings back into the business to be able to provide these services that he has provided for so long or do they want to say they weren’t prepared to step across that line and do the wrong thing when it comes to somebody that has worked and lived and been in the community for so long. Catherine Cockler , 3211 Victory Palm Drive, was at the meeting on behalf of Myron and his staff. She has never met a more honest and loyal man and didn’t understand why they would want to take jobs away from him and his people. Do they really want to do more damage to Edgewater? She expressed her support for Myron. Francis Olds , 122 E. Marion Avenue, she sent an e-mail to the City Manager today and it came back as undeliverable so she wasn’t sure if he was still here or not. She asked if they would have a better job outlook if they have to lay off people over here and hire people over here. If it ain’t broke don’t fix it. Ronald Scalp , 1055 Beulah Drive, recently moved down here and he and his girlfriend were looking to open a business. He felt this was very enlightening because he was actually looking around Edgewater. He 7 Council Regular Meeting September 26, 2011 felt to open a business in Edgewater and trying to get onto a contract is controversial. He expressed having some serious concerns. Ira Roberts , 151 Gary Avenue, representing Peggy’s Country Kitchen, spoke of seeing a lot of Myron’s customers. He further spoke in support of Myron. Lori Campagnolo , Universal Towing, 1911 Berry Lane, Port Orange, had nothing bad to say about Myron. She spoke of work she has had done at Myron’s. They are not a place that repairs vehicles. They are a towing company. She pointed out that Myron has not been the owner of Edgewater Garage for 20 years as it was previously owned by John & Laura Reilly. She could have had all of her friends and employees at the meeting tonight just like Myron’s but she didn’t. She felt Myron was a good businessman but she is a good businesswoman and was starting to feel like she was being discriminated against. She spoke of helping build the business community and helping the City grow and was not looking to destroy anyone’s business. She spoke of having a hard time getting a license in Edgewater. Bob Lott , 2112 S Riverside Drive, felt this was about more than towing and that it was about ancillary services that come along with it. He further spoke of Myron providing other services than just towing. If they have a full service place in the community, why are they considering this unless there was a volume problem, too many tows than they could handle. He understands the situation the City is in with the County and that they have to get along with the County. This is more than just a towing contract; this is a full service facility they are talking about. Vernon Current , 108 Tuscany Villas Drive, commented on using Myron for two years. He employees 16 people that live and spend their money in the area. He felt they could only have so much competition. Roy Bishop , Bishop’s Wrecker Service, 149 Flamingo Road, presented statistics on the economic impact towing has on the local economy. He commented on Universal Towing not having an established business at the Edgewater location. It didn’t appear they were in compliance with the RFQ and he questioned why they were still being considered. Mr. Clinton, the current owner of the property on Hibiscus, has informed him as of last Friday, Fred had not signed a contract and didn’t intend to sign unless he was awarded the contract. He questioned why they were still being considered without a binding contract as required by the RFQ. He presented reasons why he felt there were no comparisons of Universal Towing. He further commented on the adverse affect bringing an additional towing company into the City would have on the already established companies and the local economy. Samantha Bishop , Southeast Volusia Chamber of Commerce, was asking for Council support to limit their choice to the two local Chamber 8 Council Regular Meeting September 26, 2011 members, Edgewater Towing and Bishop’s Wrecker Service. She presented statistics on the automobile towing industry. She further commented on the trickledown effect. She then commented on buying local business retention and described the benefits to the local economy. Chris Hatcher , 3119 Tamarind Drive, commented on owning two businesses in Edgewater. He felt the more money they keep in the City the more money that flows around in the City which means more businesses. He had to lay off five guys a month ago. He felt everyone has known Myron for a long time. He expressed further support for Myron. He felt trying to bring three companies into this town to do towing was excessive. He suggested they try not to divide this small amount of industry up and keep the money in Edgewater where it needs to be. Eddie Clinton , 4790 Old Blue Ridge Road, confirmed he did have a contract lease with Universal Towing. He has been good friends with Myron for twenty some years, as they started their business together. He has a lot to lose either way he goes. He felt giving it to all three was fair. He owns a body shop and there are several in Edgewater. If Universal and Bishop’s doesn’t come into this town then he is going to start a wrecker service and they will take it from there. Brad Cockler , 3211 Victory Palm Drive, came in support of Myron in this economic time which he felt was very difficult. He expressed that he felt people were the biggest thing. He further spoke of businesses expanding and contracting. th John Wheelock , 151 28 Street, worked for John Reilly for 12 years. He knows Myron and considers everybody there his friend. He has been working for Bishop’s for six years. He lives in Edgewater, he volunteers at the YMCA, he shops here, and he buys his gas here. The money he earns as Bishop’s he spends in Edgewater. He felt there was no need for three contracts and that two would not be unfair. Aaron Foresman , 2210 Hibiscus Drive, Universal Towing, spoke about a tow company not being allowed to profit from repairs. He made mention of comments made by members of the Council about Myron helping them when their vehicle breaks down. Universal, as well as Bishop’s would do the same thing. He felt rotation would help the City when one of the other companies couldn’t respond to a call. He then identified who Universal Towing tows for. They have had a shop in Port Orange and Holly Hill for several years. Three local drivers that live in Edgewater would be here all the time. He commented on their response times in New Smyrna being around five minutes and that Edgewater would be the same. If Edgewater towing can be on rotation in their city and New Smyrna why can’t they be on theirs? If Myron wants to get off of New Smyrna’s rotation they will stop bidding in Edgewater. He felt in the City of Edgewater it was who you know. 9 Council Regular Meeting September 26, 2011 Anthony Lagano , owner of three pieces of property in Edgewater, spoke of Edgewater Garage being around since 1969. He spoke of Bishop’s being a small operation back then. He spoke of them getting on the rotation because they couldn’t survive on what was in Edgewater. Myron bought the property from John Reilly and took over the business. He spoke of when he had a business back in 1972 and the different things he did to survive. He felt they had two good companies in this town that take care of New Smyrna and Edgewater. He could understand why Universal was trying to expand because they didn’t have enough coming in to cover them. Myron Hammond , 2033 S. Ridgewood Avenue, commented on a few things that have happened in the past year and this being the reason for the sign he had on his property. He apologized to those who took offense to it. He further explained why the sign was directed at City Manager Barlow. He has been towing for ten years and nobody notified him they were going to go out, there was just a qualification for bid. He spoke of the Kennedy Space Center shutting down, Boston Whaler running at about ½, Everglade Boats running at about ¼ and Edgewater Boats was running at about ¼. Tarmac and Coronado Paint moved out. There isn’t enough work. He is trying to keep what is here. He further described he put a bid in with the County because he was trying to keep his employees. He explained he could not pay $67.50 per tow. He was in survival mode trying to get work. He spoke of serving on Council in the past and being in their position fighting for this town. He felt like he was slapped in the face. He again apologized to anybody that took offense to his sign. Mayor Thomas asked for additional Council comments. Councilman Cooper commented on brainstorming with City Manager Barlow and following the idea of fairness, they looked at this as opportunity. The County’s contract is three years with two one year renewals. He stated if there were a way that the three companies were all part of the rotation for the overall County, then each City and each wrecker service would benefit. If they do it this way now, then they are penalizing a business. Unless the other two wrecker services that are on the contract right now under consideration were to put together and support an amendment to go before the County and have all three companies on there, then everybody makes out. He felt there was opportunity, it just wasn’t right now. He spoke of everybody losing business. Unless a cooperative arrangement can be made, he couldn’t see where they could do anything but support Myron’s Towing at this time. Councilman Kennedy commented on the County would probably have to put it out for bid again. He felt it came down to the community, who elected them and put them in office. He felt they have to do what is best for Edgewater. He felt Edgewater fairs best with a sole contract to Edgewater Towing or a combination of Bishop’s and Edgewater Towing. 10 Council Regular Meeting September 26, 2011 Councilman Ignasiak clarified Universal Towing had a contract on a facility. City Manager Barlow confirmed that was testimony the property owner gave this evening. He felt they should either go with one or all three. For him it has always been an element of fairness. He spoke of the surprise of the people he spoke to that Edgewater Towing was doing business in New Smyrna and other locations. He found the comments made about it being who you know alarming. If they are going to attract new business to the City they have to give the perception of fairness, that they aren’t favoring a homegrown native son. He again expressed they should bring all three on or stay with the one that they have. Councilwoman Bennington referred to the question asked by Mr. Emter about why this came about. She assumed this came about because Myron’s contract was up. City Manager Barlow explained this is not new to Edgewater and other wrecker companies have been wanting to get in on the contract for years. He further commented on the addendums to the contract and trying to be very transparent. He spoke of this being a timing issue. There was further discussion regarding the decision to do the RFQ and outside wrecker services wanting in on the contract. City Manager Barlow commented on timing with regard to the consolidated dispatch that is now dispatching for the entire County. They also looked at New Smyrna, which was where a lot of this came from was to replicate New Smyrna on the three bid rotation for this region. He also made mention of being successful with other regional approaches. Councilwoman Bennington commented on Myron being upset about the Expo and asked City Manager Barlow to explain his version of what happened at the Expo, which he did at this time. Councilwoman Bennington expressed that there were two sides to every story and they heard Myron’s and she wanted to hear his publicly. Councilwoman Bennington felt if they are up for bids and have a contract with somebody that it would behoove the City Manager to notify that person in person that their contract was up and up for bids from this point. City Manager Barlow explained he could do that but would need assistance because of the number of contracts the City has. Councilwoman Bennington clarified it to be local business people. Councilman Kennedy pointed out if you are a business owner you also have a copy of that contract. Councilwoman Bennington felt Myron should have read it by all means, the addendums they expended. City Manager Barlow stated he understood the request but couldn’t take it 11 Council Regular Meeting September 26, 2011 as an order until he got the majority of the Council. Councilwoman Bennington informed him she was just suggesting it. Councilwoman Bennington referred to Mr. Emter’s question about how this would benefit the City if they go to rotation or use one towing company. City Manager Barlow explained the information he provided was non-owner requested based on 160 tows in a year, of which the City received $4,000. He further identified at the end of the day, the revenue numbers wouldn’t change if they had one, two or three companies. Councilwoman Bennington felt this issued had to be looked at as more than just monetary. City Manager Barlow identified he didn’t know if there was a black and white answer due to not knowing what the effects would be. He further identified by staying with Myron’s, they don’t attract any new business. He also presented the scenario if Bishop’s doesn’t get the contract, they could have the potential of laying people off, and having the same concern that Myron is sharing about local employees being unemployed. Councilwoman Bennington felt this was the hardest decision she has had to make by far since serving this term on Council. Mayor Thomas thanked everyone who came to the meeting and expressing their support. He commented on this not being an easy decision. He felt they had to look at the big picture. He represents the citizens and they send him a message. He further spoke of the incentives the City has been offering to bring business to Edgewater but felt they were sending a message that they don’t want new business in Edgewater and they already have what they want. The citizens have told him they want the tax rate to go down and they do not want condominiums. He pointed out the richest City in Volusia County is Daytona Beach Shores because of all of the condominiums they have. He further spoke of inviting businesses here to reduce the tax rate. He felt they had to be fair. Mayor Thomas entertained a motion. Councilman Cooper moved to approve the contract totally to Edgewater Towing, second by Councilman Kennedy . The MOTION DIED 2-3. Councilman Kennedy, Councilwoman Bennington and Councilman Ignasiak voted NO . Councilwoman Bennington made a motion to approve the contract to Bishop’s and Edgewater Towing, second by Councilman Kennedy . The MOTION DIED 2-3. Mayor Thomas, Councilman Ignasiak and Councilman Cooper voted NO . Councilman Ignasiak made a motion to accept the contract with the three wrecker companies in rotation . 12 Council Regular Meeting September 26, 2011 The MOTION DIED due to lack of a second . City Manager Barlow reminded Mayor Thomas that this contract only carries them through September 30, 2011. Councilman Ignasiak questioned if they could give an extension on the contract for three months. City Manager Barlow identified it had to be consensual between the City and the current operator they are in contract with. Councilman Cooper felt it was shameful to consider that. Councilwoman Bennington made a motion based on best interest of going forward that they award the contract to Myron, second by Councilman Cooper. The MOTION CARRIED 3-2. Mayor Thomas and Councilman Ignasiak voted NO . Councilman Cooper thanked everyone for coming out and voicing their opinions and stated that is the way government is supposed to work. Mayor Thomas called a ten-minute recess at this time. The meeting recessed at 7:48 p.m. and reconvened at 8:00 p.m. 7.CONSENT AGENDA A.Request for approval to piggyback the City of Cocoa’s bid for Carbon Dioxide to Airgas Carbonic in the amount of $153.00 per ton Councilwoman Bennington moved to approve the Consent Agenda, second by Councilman Cooper . The MOTION CARRIED 5-0 . 8.PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS nd A.2 Reading, Ordinance No. 2011-O-11 – Amending Article I (In General) and Article II (Vaccinations, Licenses and Permits) This item was continued from of Chapter 5 (Animal Services). the September 12, 2011 meeting. City Attorney Wolfe read Ordinance 2011-O-11 into the record. City Manager Barlow made a staff presentation. Councilwoman Bennington identified she had no problem with the changes. 13 Council Regular Meeting September 26, 2011 Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilwoman Bennington moved to approve Ordinance 2011-O-11, second by Councilman Ignasiak . The MOTION CARRIED 3-2. Councilman Kennedy and Councilman Cooper voted NO . nd B.2 Reading, Ordinance No. 2011-O-14 – Amending Chapter 8 (Comprehensive Emergency Management Plan & Disaster Preparedness) City Attorney Wolfe read Ordinance 2011-O-14 into the record. City Manager Barlow made a staff presentation. Due to there being no Council or public comment, Mayor Thomas entertained a motion. Councilman Cooper moved to approve Ordinance 2011-O-14, second by Councilman Ignasiak . The MOTION CARRIED 5-0 . C.Resolution No. 2011-R-18 – Requesting approval of the Final Millage Rates for Fiscal Year 2011-2012 City Attorney Wolfe read Resolution 2011-R-18 into the record. Finance Director McKinney read the required statements into the record. Councilwoman Bennington asked what changed from last year’s rate, which Finance Director McKinney identified. The following citizens spoke: Robert Lott , 2112 S. Riverside Drive, felt they did a phenomenal job in today’s economy with the reduction in property values they had. He has not noticed any significant reduction in services. Bill Glaser , 1703 Needle Palm Drive, thanked the Property Appraiser because he finally devalued their property to the point where the City has finally cut his taxes. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. 14 Council Regular Meeting September 26, 2011 Councilman Cooper moved to approve Resolution 2011-R-18, second by Councilman Kennedy . The MOTION CARRIED 5-0 . D.Resolution No. 2011-R-19 – Requesting approval of the Final Budget for Fiscal Year 2011-2012 City Attorney Wolfe read Resolution 2011-R-19 into the record. Finance Director McKinney referred to the revised Adopted Summary of funds and read the required statements into the record. Due to there being no Council or public comment, Mayor Thomas entertained a motion. Councilwoman Bennington moved to approve Resolution 2011-R-19, second by Councilman Ignasiak . The MOTION CARRIED 5-0 . E.Resolution No. 2011-R-20 – Establishing a Fund Balance Policy for the General Fund City Attorney Wolfe read Resolution 2011-R-20 into the record. Finance Director McKinney commented on this being a mandatory update to be in compliance with Generally Accepted Accounting Principles (GAAP). He spoke of the Charter requirement for a 15% minimum fund balance reserve. The GFOA Best Practice is 17%. He then put that into perspective as it was outlined in the policy. They are pretty close to the 17% at 16.7%. City Manager Barlow identified there wouldn’t be a change in the Charter and they would leave it at 15% as was approved by the voters. This would be internal policy and they would make it a goal for next year to get to 17%, which staff has been trying to do. Councilman Cooper asked if the auditors would be penalizing the City because they aren’t going with GFOA’s best Practices. City Manager Barlow identified they could make comments on the audit regarding that. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilman Ignasiak moved to approve Resolution 2011-R-20, second by Councilman Cooper . The MOTION CARRIED 5-0 . 15 Council Regular Meeting September 26, 2011 9.BOARD APPOINTMENTS A.Firefighters Pension Board – Mayor Thomas’ appointment due to This item was continued from the resignation of Laura Reilly. the September 12, 2011 meeting. Mayor Thomas nominated Barbara Scott. Councilwoman Bennington moved to accept Mayor Thomas’ recommendation to appoint Barbara Scott to the Firefighters Pension Board, second by Councilman Cooper . The MOTION CARRIED 5-0 . B.Economic Development Board – Councilwoman Bennington’s appointment due to the expired term of Jennifer Butera, who is seeking reappointment Councilwoman Bennington moved to reappoint Jennifer Butera to the Economic Development Board, second by Councilman Ignasiak . The MOTION CARRIED 5-0 . 10.OTHER BUSINESS A.Authorization for the City Manager to execute contracts with Bishop’s Wrecker Service, Edgewater Towing and Universal This item was continued Towing for wrecker/towing services. from the September 12, 2011 meeting. This item was discussed previously on the agenda. B.Request for approval of the Edgewater Professional Firefighters International Association of Firefighters (IAFF) Union Agreement for Fiscal Year 2011/2012 City Manager Barlow made a staff presentation regarding all of the Union Agreements identified in Items 10B, 10C & 10D. Due to there being no Council or public comment, Mayor Thomas entertained a motion. Councilman Cooper moved to approve the April 18, 2011 – September 30, 2012 Edgewater Professional Firefighters IAFF Agreement for the fiscal year 2011-2012, second by Councilwoman Bennington . The MOTION CARRIED 5-0 . 16 Council Regular Meeting September 26, 2011 C.Request for approval of the Coastal Florida Public Employees Association Agreement (General Employees Union Contract) for Fiscal Year 2011/2012 City Manager Barlow made a staff presentation under Item 10B. Due to there being no Council or public comment, Mayor Thomas entertained a motion. Councilwoman Bennington moved to approve the October 1, 2010 – September 30, 2013 Coastal Florida Public Employees Association Agreement for the fiscal year 2011-2012, second by Councilman Ignasiak . The MOTION CARRIED 5-0 . D.Request for approval of the Fraternal Order of Police (FOP) Agreement for Fiscal Year 2011/2012 City Manager Barlow made a staff presentation under Item 10B. Due to there being no Council or public comment, Mayor Thomas entertained a motion. Councilwoman Bennington moved to approve the Fraternal Order of Police Agreement as negotiated and presented, effective October 1, 2011 expiring September 30, 2012, second by Councilman Kennedy . The MOTION CARRIED 5-0 . 11.OFFICER REPORTS A.City Clerk City Clerk Wenzel let Council know that the talking session with Congresswoman Adams that was tentatively scheduled for tomorrow had been cancelled at their request. She would let them know when that would be held when she finds out the new date. City Clerk Wenzel wanted to discuss the upcoming Council meeting dates for the remainder of this year and the beginning of next year. The th next scheduled meeting was October 17. They wanted to schedule a 5:00 p.m. for the Utility Rate Study that Council authorized. They th wanted to have the November meeting on November 7. In December they th wanted to hold the meeting on December 5. They wanted to do January thth 9 due to the Martin Luther King Jr. Holiday and February 13 due to Presidents Day. B.City Attorney 17 Council Regular Meeting September 26, 2011 City Attorney Wolfe had nothing at this time. C.City Manager nd City Manager Barlow informed Council on October 22they were approached by New Smyrna to partner with them to do a Regional Economic Development Summit at the New Smyrna Beach Chambers from around 9:00 a.m. to 4:00 p.m. He further commented on what would be discussed. He encouraged the Council to participate. The City would be paying for any Councilmembers, staff members or Economic Development Board members that would be participating. Councilman Cooper questioned only one Councilmember attending. City Manager Barlow confirmed it wouldn’t be a problem because the meeting would be advertised. City Clerk Wenzel asked everyone to let her know th by October 12 whether or not they would be attending and she would take care of the arrangements. City Manager Barlow reminded Council of the presentation highlighting th the academies available at the high school on October 7 at the New Smyrna High School. 12.CITIZEN COMMENTS There were no Citizen Comments at this time. 13.ADJOURNMENT There being no further business to discuss, Councilwoman Bennington moved to adjourn. The meeting adjourned at 8:24 p.m. Minutes submitted by: Lisa Bloomer, CMC Attest: APPROVED: City of Edgewater, Florida ___________________________ Bonnie Wenzel, City Clerk Michael L. Thomas, Mayor 18 Council Regular Meeting September 26, 2011