Loading...
08-15-2011 - Regular CITY COUNCIL OF EDGEWATER REGULAR MEETING AUGUST 15, 2011 6:00 P.M. COUNCIL CHAMBERS MINUTES 1.CALL TO ORDER Mayor Thomas called the Regular Meeting to order at 6:13 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 There were no Minutes to be approved at this time. 3.PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A.Presentation by Police Chief Dave Arcieri regarding Edgewater Crime Statistics City Manager Barlow announced Dave Arcieri was no longer the Interim Police Chief and was the full-time Police Chief. Police Chief Arcieri commented on the Crime Stats from the UCR for the first six months of the year. He further commented on the 2010 clearance rate and what the rate is so far this year. Police Chief Arcieri also spoke of stepping up the patrols. He then recognized Detectives Chris DeRosa, Aaron Soltz and Randy Mumpower for the work they have done with regard to solving cases. 4.CITIZEN COMMENTS 1 Council Regular Meeting August 15, 2011 The following citizen spoke: Leo Towsley , 2828 Unity Tree Drive, thanked the City for their effort on the foreclosures. He felt Code Enforcement has done a great job. 5.APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA There were no Changes/Modifications to the Agenda at this time. 6.CITY COUNCIL REPORTS Councilman Ignasiak had nothing at this time. Councilman Cooper had nothing at this time. Councilman Kennedy reported on the Scholarship Committee and being in the process of building a website. They are working on a marketing plan to try to get more users involved. Councilwoman Bennington commented on an article about blight that was in the newspaper that she gave to City Manager Barlow that he was already working on. Councilwoman Bennington disclosed Dan Blazi had just retired but was still working with CAPS and the Halloween event. Mayor Thomas disclosed he had not gone to the last two VCOG meetings because of Fire Chief Steve Cousins paramedic’s license being suspended. He did go to the Mayor’s luncheon last Monday. He informed Fire Chief Cousins he was still on his side. City Manager Barlow disclosed he and Chief Cousins had a meeting on th August 30 to talk about the future, how they plan to change the provision of EMS in the County and how that affects us and our resources. It appears they want to terminate the service agreement that they compensate us $240,000 a year to provide service to the enclaves in the unincorporated area and they want to reduce that to $6,000 per year but obviously that isn’t going to work. He is going to schedule a time with City Attorney Wolfe and they are going to walk through everything that has occurred associated with Chief Cousins, and talk about what injuries they have suffered and if it is a point they should go into litigations, after which he would consult with Council individually. Councilman Cooper commented on an article in the newspaper regarding the County wanting to now look at the RCC contract one year at a time. City Manager Barlow identified RCC as officially being dissolved by this time next year. He didn’t see the article Councilman Cooper was talking about. Councilman Cooper agreed to get City Manager Barlow a copy of the article. 2 Council Regular Meeting August 15, 2011 7.CONSENT AGENDA A.Amendment No. 3 to the Curbside Residential Recycling Agreement with Southard Enterprises, Inc., and authorization for the Mayor to execute the document Councilman Cooper moved to approve the Consent Agenda, second by Councilwoman Bennington . The MOTION CARRIED 5-0 . 8.PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS nd A.2 Reading, Ordinance No. 2010-O-11 – An amendment to the Comprehensive Plan Future Land Use Map to include 9.13+ acres of land located at 3515 S US Highway 1 as Commercial with Conservation Overlay City Attorney Wolfe read Ordinance 2010-O-11 into the record. City Manager Barlow made a staff presentation regarding Ordinance 2010-O-11 and 2010-O-12. Due to there being no Council or public comment, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilman Cooper moved to approve Ordinance 2010-O-11, second by Councilman Ignasiak . The MOTION CARRIED 5-0 . nd B.2 Reading, Ordinance No. 2010-O-12 – An amendment to the Official Zoning Map to include 9.13+ acres of land located at 3515 S US Highway 1 as B-3 (Highway Commercial) City Attorney Wolfe read Ordinance 2010-O-12 into the record. Due to there being no Council or public comment, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilman Kennedy moved to approve Ordinance 2010-O-12, second by Councilman Cooper . The MOTION CARRIED 5-0 . nd C.2 Reading, Ordinance No. 2010-O-14 – An amendment to the Comprehensive Plan Future Land Use Map to include 1.8+ acres of land located on US Highway 1, north of Edgewater Lakes Boulevard as Commercial with Conservation Overlay 3 Council Regular Meeting August 15, 2011 City Attorney Wolfe read Ordinance 2010-O-14 into the record. City Manager Barlow made a staff presentation. Due to there being no Council or public comment, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilman Ignasiak moved to approve Ordinance 2010-O-14, second by Councilman Cooper . The MOTION CARRIED 5-0 . nd D.2 Reading, Ordinance No. 2011-O-09 – Extending the moratorium as to the filing and/or receiving of any application or petition for the establishment of “Pain Clinics” for a period of 180 days City Attorney Wolfe read Ordinance 2011-O-09 into the record. City Manager Barlow made a staff presentation. Due to there being no Council or public comment, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilwoman Bennington moved to approve Ordinance 2011-O-09, second by Councilman Cooper . The MOTION CARRIED 5-0 . nd E.2 Reading, Ordinance No. 2011-O-03 – An amendment to the Comprehensive Plan Future Land Use Map to include 1.36+ acres of land located at 4497 S US Highway 1 as Commercial City Attorney Wolfe read Ordinance 2011-O-03 into the record. City Manager Barlow made a staff presentation. Due to there being no Council or public comment, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilman Cooper moved to approve Ordinance 2011-O-03, second by Councilman Ignasiak . The MOTION CARRIED 5-0 . nd F.2 Reading, Ordinance No. 2011-O-04 – An amendment to the Official Zoning Map to include 1.36+ acres of land located at 4497 S US Highway 1 as B-3 (Highway Commercial) 4 Council Regular Meeting August 15, 2011 City Attorney Wolfe read Ordinance 2011-O-04 into the record. City Manager Barlow made a staff presentation. Due to there being no Council or public comment, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilman Ignasiak moved to approve Ordinance 2011-O-04, second by Councilman Cooper . The MOTION CARRIED 5-0 . st G.1 Reading, Ordinance No. 2011-O-11 – Amending Article I (In General) and Article II (Vaccinations, Licenses and Permits) of Chapter 5 (Animal Services) City Attorney Wolfe read Ordinance 2011-O-11 into the record. City Manager Barlow made a staff presentation by identifying a majority of the additions to the ordinance were associated with the mandatory spay/neuter. Council gave staff direction to make some additional amendments to the ordinance as well, which had been made, which were identified by City Manager Barlow. He further identified an amendment in State Statute they recently discovered that requires any county or municipality that has licensing requirements for dogs to provide notice to dog owners at least 45 days prior to any licensure renewal deadline. He spoke of fees that would be incorporated into the fee resolution at a later date. Councilman Cooper identified questions a resident had with regard to Page 3 only being able to breed a single breed and Page 16 with regard to an owner having three years documented experience in show clubs and participation in show trials. Councilwoman Bennington explained if the dog is a champion they would already have three years experience. She then addressed the concern of only being able to breed a single breed. City Manager Barlow then commented on the intent being so they don’t have someone breeding for profit or “puppy mills”. He suggested they take out “single breed” and felt the rest of the definition would be restrictive enough. There was a brief discussion regarding only having one Animal Control Officer to enforce the ordinance. Councilman Kennedy questioned why hunting dogs were exempt. City Manager Barlow identified it was pretty common. Councilwoman Bennington had no problem taking out “single breed”. There was a brief discussion regarding a licensed breeder only being able to have a maximum of two litters per year. 5 Council Regular Meeting August 15, 2011 Councilman Kennedy expressed concern with having a dog he would like to breed once in her lifetime but the ordinance would require him to spay her. City Manager Barlow commented on the entire County coming up with a mandatory spay and neuter program because of the number of unwanted pets. He further commented on the cost to house an animal at the shelter as well as the euthanasia rate and the fact that they are both continuing to grow. Councilman Kennedy had a problem with voting in a law that he felt they weren’t able to enforce. City Manager Barlow assured him they do enforce the law. It’s the ones that get caught that get the punishment. Councilman Kennedy asked where it said in the ordinance that a resident of Edgewater if they chose can breed their dog twice without having to become a licensed breeder, in essence a business entity. Mayor Thomas asked what breed Councilman Kennedy’s dog was. Councilman Kennedy informed him a Golden Retriever, which is considered a hunting dog. Mayor Thomas felt the long term goal was the unwanted pets running rampant in Volusia County. He explained hunting dogs were expendable and this being one of the reasons the amendment was made in the ordinance. He further spoke of being asked to follow the County’s lead and being hesitant to make a law and there being so many loopholes. Councilwoman Bennington commented on the only thing they were adding to the ordinance was the mandatory spaying and neutering to help with the population and to allow the County to bring in the low cost spay and neutering to the City. She spoke of cleaning up some of the old language that already existed. Councilman Cooper felt they were doing this with the thought of helping a bad issue but then they are penalizing responsible owners. Councilman Cooper agreed with Councilman Kennedy that this was totally unenforceable. Mayor Thomas presented a scenario and suggested they look at it from a law enforcement perspective and use a common sense approach. Councilman Ignasiak felt it was the person that goes out and enforces the law using common sense. He spoke of applying the law where it needed to be applied. 6 Council Regular Meeting August 15, 2011 There was a brief discussion regarding neighbors that can be vindictive. Mayor Thomas spoke of there being too many laws and this confusing things but he understood the validity and the need. He wanted to do this to help the pet situation in the City and County. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilwoman Bennington moved to adopt Ordinance 2011-O-11 striking the word “single” under the definition of breeder, second by Councilman Ignasiak . The MOTION CARRIED 3-2. Councilman Kennedy and Councilman Cooper voted NO . st H.1 Reading, Ordinance No. 2011-O-12 – An amendment to Chapter 2 (Administration) of the Code of Ordinances City Attorney Wolfe read Ordinance 2011-O-12 into the record. City Manager Barlow made a staff presentation by identifying inconsistencies between the Code of Ordinances, City Policies, Contracts and Charter. Due to there being no Council or public comment, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilwoman Bennington moved to approve Ordinance 2011-O-12, second by Councilman Kennedy . The MOTION CARRIED 5-0 . st I.1 Reading, Ordinance No. 2011-O-13 – Amending Chapter 12 (Offenses & Miscellaneous Provisions) of the Code of Ordinances City Attorney Wolfe read Ordinance 2011-O-13 into the record. City Manager Barlow made a staff presentation by identifying the proposed modifications to Ordinance 2011-O-13. Councilwoman Bennington spoke of yard sale signs being an issue with Code Enforcement and felt the date of the yard sale also needed to be on the yard sale signs. She also asked if they could consider a deposit for the sign. City Manager Barlow identified with the man hours involved it would be too costly. There was a brief discussion regarding the Code Enforcement process. 7 Council Regular Meeting August 15, 2011 City Manager Barlow commented on pushing staff to figure out a way to do the yard sale permits online. Councilwoman Bennington asked where they would put in the ordinance the requirement to put the date of the yard sale on the sign. She then referred to Section 12-547 and felt if they were going to put parking in the ordinance then they would need help from the Police Department to enforce it. City Manager Barlow informed Councilwoman Bennington they could add verbiage regarding the date at the end of Section 12-46(b). Mayor Thomas agreed with having the date on the yard sale sign and that parking was a big problem. Councilwoman Bennington commented on no longer allowing two yard sales per person per household per year. City Manager Barlow commented on tightening up on that with allowing only two yard sales per property per calendar year. Councilman Cooper expressed concern with someone only being able to have two yard sales per year and felt some people might need more. He was wondering if they could be more liberal on that due to the economic times. Councilman Cooper then referred to Page 9, Section 12-49. He questioned if they needed to put that large of a threatening number with regard to the civil penalty. City Manager Barlow informed him that was State Statute. Councilman Cooper referred to the State Statute that was sent down for the State law and asked questions about Page 2 – discharging firearms in public and on Page 8 under general nuisance. He asked if it covered the discharging of a weapon in your backyard with those two ordinances. He questioned not losing anything and it being covered in a couple of different areas. City Attorney Wolfe explained the City would have to rely on State laws. The whole area of firearms has been preempted by State law. He commented on there being very harsh penalties for City officials that try to enforce a City ordinance that has already been preempted by State law, which was why he recommended deleting these provisions from the City’s ordinance. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilwoman Bennington moved to adopt Ordinance 2011-O-13 with the change of “the date of yard sale shall be affixed to the sign” would be added to the end of paragraph b under Section 12.46, second by Councilman Ignasiak . 8 Council Regular Meeting August 15, 2011 The MOTION CARRIED 5-0 . J.Resolution No. 2011-R-14 – Supporting the Federal Transportation Enhancement Program, Recreational Trails Program and Safe Routes to School Program; opposing the modification of Federal Funding for any of these programs to a generic Block Grant application to the Florida Department of Transportation City Attorney Wolfe read Resolution 2011-R-14 into the record. City Manager Barlow made a staff presentation. Councilman Cooper commented on having a small problem and he was going to ask about recusing himself because they are getting State mandates, with Federal mandates he expects to come that are on the agenda for Tallahassee and cities can’t afford some of these mandates. They, at the TPO level, have been looking at ways to help with some federal money. He spoke of the money being used for specific criteria and not being able to deviate from that. They are asking in this month’s TPO to take this on and divert some money to help the cities. The TPO has already sent a strong letter saying they don’t want this money torn apart and to leave it alone and use it for what it was meant for. There was a brief discussion regarding not being able to enforce this. Due to there being no further Council comment or public comment, Mayor Thomas entertained a motion. Councilman Cooper moved to approve Resolution 2011-R-14, second by Councilman Kennedy . The MOTION CARRIED 3-2. Mayor Thomas and Councilwoman Bennington voted NO . K.Resolution No. 2011-R-15 – Approval of the Supplemental Local Agency Program Agreement between the City and the Florida Department of Transportation to facilitate the design of the th 30 Street Sidewalk Project, FPN #427627-1-38-01 City Attorney Wolfe read Resolution 2011-R-15 into the record. Councilman Cooper excused himself due to having to catch a plane and left at 7:28 p.m. City Manager Barlow made a staff presentation. Due to there being no Council or public comment, Mayor Thomas entertained a motion. 9 Council Regular Meeting August 15, 2011 Councilman Ignasiak moved to approve Resolution 2011-R-15, second by Councilwoman Bennington . The MOTION CARRIED 4-0 . L.Resolution No. 2011-R-16 – Approval of the Local Agency Program Agreement between the City and the Florida Department th of Transportation to facilitate the construction of the 30 Street Sidewalk Project, FPN #427627-1-38-01 City Attorney Wolfe read Resolution 2011-R-16 into the record. City Manager Barlow made a staff presentation. Councilman Ignasiak felt this was a great idea. He felt this was the second most used road in Edgewater that goes east and west. Councilwoman Bennington asked if the $150,000 was budgeted. City Manager Barlow confirmed it was. Due to there being no further Council comment or public comment, Mayor Thomas entertained a motion. Councilman Ignasiak moved to approve Resolution 2011-R-16, second by Councilwoman Bennington . The MOTION CARRIED 4-0 . 9.BOARD APPOINTMENTS There were no Board Appointments at this time. 10.OTHER BUSINESS A.Requesting City Council consensus appointing City Council representation to the Education, Economic Development and Legislative Affairs Committees of the Southeast Volusia Chamber of Commerce City Manager Barlow made a staff presentation. Mayor Thomas asked for volunteers. Councilwoman Bennington volunteered for the Legislative Affairs Committee. Councilman Kennedy expressed concern with when you over commit yourself and say yes to too many things you wind up letting a bunch of 10 Council Regular Meeting August 15, 2011 people down. That was what worried him about mandating and when they start appointing people that is just one more thing you have to do. They do more than just sit up there for a couple of hours every month. Just because they signed on to serve on Council this doesn’t mean they signed on to do everything else inside the City. As much as they may want to they can’t. Mayor Thomas stated he didn’t have the time. He presented a scenario that if you have one job you can give 100% and do a better job than if you have more than one job. Councilman Ignasiak had the same concerns and identified other groups and associations he is involved with and couldn’t commit the time. He expressed his support for the Chamber and their efforts. Mayor Thomas asked City Manager Barlow if he had checked with Councilman Cooper to see if he was interested in volunteering. City Manager Barlow hadn’t but agreed to check with him. He mentioned some committed Board members that may be able to volunteer and felt the City’s interests were covered. Councilman Kennedy commented on just sitting on a Committee and going to a meeting which he felt doesn’t really create much progress. You have to be able to go to the meeting, establish where you are going from there and actually follow through and do it. He finds that often times he goes to the meeting and that is it until the next meeting so what purpose have you served. Mayor Thomas agreed. He doesn’t mind going to the meetings but he wants to do something and get something done. Mayor Thomas apologized for the Councilmembers that didn’t have the time. Samantha Bishop , Southeast Volusia Chamber of Commerce, stated they weren’t really asking for a mandate. They just wanted some assistance from the Council. She questioned if they had two Councilmembers that wanted to serve on one Committee would that constitute a Sunshine Law violation. They wanted to give them the opportunity to go over the Committees they have. City Attorney Wolfe felt two Councilmembers could serve on one board but they could not discuss City business between themselves or business foreseeable to come in front of the Council between themselves. He felt they may want to avoid that. Ms. Bishop pointed out the involvement with a Councilperson for any of their Committees is so invaluable and meaningful for the Chamber because it gives them that direct link. Councilman Kennedy made a motion to appoint Councilwoman Bennington to the Legislative Affairs Committee, second by Councilman Ignasiak . 11 Council Regular Meeting August 15, 2011 The MOTION CARRIED 4-0 . B.Authorization for the City to approve the first amendment of the Interlocal Agreement for Fire and/or Rescue Service Mutual Aid Plan within Volusia County, Florida City Manager Barlow made a staff presentation. Councilwoman Bennington asked if this was the one they were going to cut. City Manager Barlow informed her it was not and was a mutual aid agreement. Councilwoman Bennington commented on Oak Hill coming apart at the seams and it not seeming right that if we have to respond to Oak Hill we don’t get paid for it. City Manager Barlow commented on the service agreement to provide fire services. He further commented on the mutual aid agreements we have county-wide and state-wide. He then commented on it costing the City taxpayers tax dollars to fund the public safety resources. Councilman Kennedy felt if there were people that needed help the City would help them. City Manager Barlow explained the service agreement that is getting ready to expire they want to renew for $6,000. They extrapolate $500,000 in revenue to provide those services and they want to extrapolate that revenue, not compensate us and mandate us to provide those services within that district. He spoke of the cost to provide public safety. Councilman Ignasiak identified under this agreement our firemen are covered if they assist in Oak Hill and get hurt. Councilwoman Bennington moved to authorize the City to approve the first amendment of the Interlocal Agreement for Fire and/or Rescue Service Mutual Aid, second by Councilman Ignasiak . The MOTION CARRIED 4-0 . C.Requesting City Council to exercise the waiver as allowed in the Land Development Code Section 21-61.11 for the “Electronic Message Center/Signage” for the ground sign to be constructed at Fire Station 55 City Manager Barlow made a staff presentation. Councilwoman Bennington pointed out the first sign they were going to waive under the new ordinance they just passed was one of theirs. Mayor Thomas felt the sign would be very informational. 12 Council Regular Meeting August 15, 2011 Councilman Kennedy felt this sign was going to be a good thing for Edgewater. Due to there being no further Council comment or public comment, Mayor Thomas entertained a motion. Councilman Ignasiak moved to waive the standards that are contained in the Land Development Code 21-61.11 “Electronic Message Center/Signage” for the ground sign to be constructed at Fire Station 55, second by Councilwoman Bennington . The MOTION CARRIED 4-0 . D.Request for approval of Work Order No. 2007-25 for Task 4 to Quentin Hampton & Associates in an amount not to exceed $144,750 and authorization for the City Manager to execute same City Manager Barlow made a staff presentation by identifying Task 4 as not being approved when Tasks 1-3 were approved and the addition of $23,000.00 for 400 hours of additional inspections. City Manager Barlow answered questions presented by Councilman Kennedy with regard to the extra effort that was put in by Quentin Hampton and the fact that they didn’t know going into this that a part that was needed was not being manufactured anywhere in the United States. There is a lot more with this grant than they even anticipated. Due to there being no further Council comment or public comment, Mayor Thomas entertained a motion. Councilwoman Bennington moved to approve Work Order #2007-25 to Quentin Hampton and Associates for Task 4, second by Councilman Ignasiak . The MOTION CARRIED 4-0 . E.Request for approval to award the bid for Emergency Green Waste Hauling and Disposal and authorization for the City Manager to execute all associated agreement documents City Manager Barlow made a staff presentation. City Manager Barlow and Finance Director McKinney answered questions presented by Councilwoman Bennington and Councilman Kennedy. Finance Director McKinney explained the spreadsheet and advised Council to ignore the color coding. 13 Council Regular Meeting August 15, 2011 There was a brief discussion regarding using the lowest bidder first based on their availability, with the understanding they are supposed to be here within 24 hours of the notice to proceed and have a representative onsite within 6 to 12 hours. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilman Ignasiak moved to approve the award of the bid for Emergency Green Waste Hauling and Disposal to the recommended bidder and authorize the City Manager to execute all associated agreement documents, second by Councilwoman Bennington . The MOTION CARRIED 4-0 . F.Request for approval to renew the arborist services contract with Zev Cohen & Associates, Inc. for an additional term of one year City Manager Barlow made a staff presentation. Due to there being no Council or public comment, Mayor Thomas entertained a motion. Councilwoman Bennington moved to approve the contract with Zev Cohen for Arborist Services, second by Councilman Ignasiak . The MOTION CARRIED 4-0 . G.Request for approval of the K-9 Program and authorization to purchase the canine and equipment City Manager Barlow made a staff presentation. Police Chief Dave Arcieri explained the specifics of the dog and some of the things they expect the K-9 to assist them with. Police Chief Arcieri answered questions presented by Mayor Thomas and Councilman Kennedy. City Manager Barlow commented on the commitment with the dog and making sure they have the right handler with the right dog. He further commented on the temperament of the dog and it being like a family pet and going into police mode with commands. There was further discussion regarding the eleven week program through FDLE in order for someone to get state certified to handle the dog. 14 Council Regular Meeting August 15, 2011 Police Chief Arcieri assured Council he had a commitment from both of the individuals that put in for it. Mayor Thomas commented on it being a long term commitment. There was then a brief discussion regarding the officer receiving a stipend for being a K-9 officer. City Manager also commented on incentives the officers receive for being motor cops as well as detectives. Councilwoman Bennington mentioned several vets that had agreed to provide the medical and food. Police Chief Arcieri stated it also included boarding. Due to there being no Council or public comment, Mayor Thomas entertained a motion. Councilwoman Bennington moved to approve the K-9 program and authorize the purchase of the canine and equipment, second by Councilman Ignasiak . The MOTION CARRIED 4-0 . 11.OFFICER REPORTS A.City Clerk City Clerk Wenzel had nothing at this time. B.City Attorney City Attorney Wolfe reported on settlements that had been reached in three lawsuits that were brought against the City; Julie King, Stephanie Baxley and Frederick Brown. Mayor Thomas entertained a motion. Councilman Ignasiak made a motion to approve the settlements, second by Councilwoman Bennington . The MOTION CARRIED 4-0 . C.City Manager th City Manager Barlow informed Council on September 8 at 5:00 p.m. in the Council Chambers there would be another public DOT meeting regarding the median safety improvements that were presented several months ago. He spoke of the revisions that were made based on direction from Development Services Director Darren Lear. 15 Council Regular Meeting August 15, 2011 City Manager Barlow spoke of Councilwoman Bennington bringing to his attention some time ago that currently they call themselves a City Council, which is either Councilman or Councilwoman. Some other areas call their Council essentially Commissioners, which isn’t gender specific. He asked if they wanted him to do further research, which can be done with a resolution to change their definition from a Council to a Commission and over time they would clean up the text in the ordinance. He wasn’t asking Council to make a commitment tonight but to let him know if they wanted him to do further research. It was the consensus of Council for City Manager Barlow look into this further. City Manager Barlow then informed Council he would be heading out of town Tuesday morning and would be back the following Tuesday. He would be available by cell but was leaving Leisure Services Director Jack Corder in charge. Mayor Thomas thanked the Council for the good work tonight after having gone through a seven page agenda in 2 hours and 20 minutes. 12.CITIZEN COMMENTS There were no citizen comments at this time. 13.ADJOURNMENT There being no further business to discuss, Mayor Thomas adjourned the meeting. The meeting adjourned at 8:21 p.m. The following citizen spoke after adjournment: Johnnie Keister , 515 Vonador Place, Oak Hill, commented on a complaint he filed with the Police Department after having been assaulted by an nd Edgewater Police Officer on May 2. The only response he got from the Police Chief was a call back. He did not want to speak to him or meet with him and refused to give him a copy of his complaint that he wrote. He has a copy of the police report but he wouldn’t give him a copy of the complaint he wrote. He basically told him he wasn’t going to do anything about it and invited him to sue. He wanted something in writing from the Police Chief as to his findings. He would really like someone to direct the Police Chief to do an investigation, which he refused to do. He was assaulted and wanted something done about it. He wanted to put it on the agenda next month and invite the officers to come down and have it out. He wasn’t afraid of freedom of speech or the truth. Councilman Ignasiak informed him he was in the wrong venue and that he needed to direct his accusations to the State Attorney’s office. They cannot bring civil or criminal charges against anybody here. The 16 Council Regular Meeting August 15, 2011 Council doesn't have that authority or power. The allegations Mr. Keister was making of assault were criminal allegations and could only be handled by the State Attorney's office. He was telling him the proper and legal way to address his concerns that he has with the Police Chief and the actions taken. Mr. Keister informed Councilman Ignasiak he could do anything legal in response and wasn't simply obligated to do what he says. Councilman Ignasiak informed him if he filed criminal charges yes he was. Mr. Keister informed him right now he was simply trying to get his paperwork. He wasn't even talking about criminal charges. Minutes submitted by: Lisa Bloomer, CMC Attest: APPROVED: ity of E••- -r, F s 'da Bonnie Wenzel, City Clerk M chael L. Thomas, Mayor 17 Council Regular Meeting August 15, 2011