05-16-2011 - Regular
CITY COUNCIL OF EDGEWATER
REGULAR MEETING
MAY 16, 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 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:
Eddie Ferreira
, American Legion Post 285, representing the Legion,
commented on not believing they are an Internet Café/Sweepstakes
business. The few machines they have do generate revenue for their
purposes and goals. They support the overall purpose but are
concerned how it may affect their charities and operations. He spoke
of always working with the City and funding many of the requests that
were brought to them. He spoke of their charities affecting many in
this community and throughout the world. They need the revenue from
the few machines they have to continue their good works.
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May 16, 2011
Mayor Thomas asked anyone else that was going to address that matter
to wait until Item 8A was discussed on the agenda.
5.APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA
There were no Changes/Modifications to the agenda at this time.
6.CITY COUNCIL REPORTS
Councilman Kennedy had nothing at this time.
Councilwoman Bennington reported that the City Expo went tremendously.
They had a great turnout and it was a lot of fun.
Councilwoman Bennington then thanked the businesses who donated to the
Special Olympics Torch Run.
Councilman Ignasiak had nothing at this time.
Councilman Cooper pointed out American Legion Post 285 was sponsoring
the Memorial Day event again this year. He urged everyone to try and
attend.
7.CONSENT AGENDA
A.Request to approve disposal of Fixed Assets
Councilman Cooper moved to approve the Consent Agenda, second by
Councilman Ignasiak.
The MOTION CARRIED 5-0
.
8.PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
nd
A.2 Reading, Ordinance No. 2011-O-05 – Amending and Restating
Article II (Definitions) and Article III (Permitted,
Conditional, Accessory & Prohibited Uses), Section 21-33 (Uses
and Restrictions) of Chapter 21 (Land Development Code)
City Attorney Ansay read Ordinance 2011-O-05 into the record.
City Manager Barlow made a staff presentation. He read the proposed
language from Page III-12, Section 21 of the Land Development Code.
He then referred to additional language that was being proposed by
Councilman Cooper after the agenda packet was published with regard to
businesses having a one-time opportunity to relocate as non-
conforming.
Councilman Cooper asked City Attorney Ansay to explain what she meant
by the term non-conforming, which she did at this time.
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Councilman Cooper addressed his concerns with regard to the language
“one-time basis” which he requested be removed. City Attorney Ansay
informed him it was a policy issue.
Councilwoman Bennington didn’t consider a Fraternal Organization an
Internet/Sweepstakes Café and felt they should be exempt. City
Manager Barlow commented on not being able to because of charity
organizations being created just to get through the loophole.
There was a discussion regarding opening this up to the other
Internet/Sweepstakes Cafes.
Councilwoman Bennington identified once the Council passed this they
would be non-conforming as it related to zoning. The fraternal
organizations have the option of buying property where this would be
permitted in the I-1 areas. Councilman Cooper commented on having a
problem with the definition of what is an Internet/Sweepstakes Café.
He agreed the fraternal organizations were not an Internet/Sweepstakes
Café but the machines overrule them in the ordinance.
Councilman Cooper asked if there was additional language where they
could zero in on conforming and non-conforming. City Attorney Ansay
commented on her goal being the policy directives the Council has
given her. She didn’t feel it was necessarily appropriate to target
or talk about one particular organization. The issue had to deal with
the location of Internet/Sweepstakes Cafes as they are defined in the
new ordinance and all Internet/Sweepstakes Cafes, whether Fraternal or
otherwise, that exist in the City would be deemed to be non-conforming
uses the moment the ordinance was passed and could move to another
location if it meets the two criteria identified.
Councilman Kennedy expressed concern with tenants that may be renting
the property. He was informed this was not tied to property ownership
and that it was tied to business ownership.
Councilman Cooper suggested they pass the amendment to the amendment
and pass this ordinance.
Councilman Ignasiak felt they had to set limits. He felt the 25% of
the floor space was the killer. He understood they couldn’t single
out one type organization and have to treat them all the same. He
felt this would work.
The following citizens spoke:
John Lewis
, 302 S. Ridgewood Avenue, representing Fraternal Order of
Eagles 4242, has a membership of over 1,300 members. They do not
believe they are an Internet/Sweepstakes Café business. They support
the overall purpose but had concerns on how it may affect their
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May 16, 2011
charities and operations. He urged the Council to include the amended
version to the ordinance. He spoke of needing the revenue to continue
their good work.
Patty Greatrex
, 2938 Mango Tree Drive, Elks Lodge 5757, identified
they have 681 members. She spoke of what they do for local charities.
She urged Council to exclude fraternal organizations from any changes
that were made within the ordinance.
William Mulligan
, 160 Packwood, representing Moose Lodge 1835, New
Smyrna Beach, applauded Council for what they were doing with the
Internet Cafes. They don’t survive on the machines. They only have
three or four in their Lodge. He spoke of their two main projects
being Mooseheart and Moosehaven. They have been in the community over
50 years and have contributed to Edgewater. He further identified
where their money goes. He urged Council to consider the amendments
and word it that they are not stopped from doing what they are doing.
George Schramm
, 1705 Bradford Road, member of American Legion Post 285
as well as other fraternal organizations, commented on putting a lot
of stock into these organizations and knowing what they do. He
understood and agreed with the ordinance. He appreciated the effort
being made to protect the fraternal organizations.
Due to there being no further comments, Mayor Thomas entertained a
motion.
Councilman Cooper moved to approve Ordinance 2011-O-05 with the
amendments presented tonight and the added amendment presented by City
Attorney Ansay, second by Councilwoman Bennington
.
The MOTION CARRIED 5-0
.
st
B.1 Reading, Ordinance No. 2011-O-07 – Amending and Restating
Articles VI (Sign Regulations) and XVIII (Indian River Blvd. –
S.R. 442 Corridor Design Regulations)
City Attorney Ansay read Ordinance 2011-O-07 into the record.
City Manager Barlow made a staff presentation by presenting the
background information.
Development Services Director Darren Lear also made a staff
presentation by identifying changes made to the proposed text
amendments that came from the Planning & Zoning Board. He referred to
VI-7, Section 21-61.11(a) and (b).
Councilman Cooper identified their three major highways being the only
thing affected. He asked if there was anything in reference to what
Mr. Lear has seen in other cities in what is up there and what they
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present. He referred to cartoons and asked if any of this was being
addressed. City Manager Barlow identified Ormond Beach as having the
most applicable code that would fit into Edgewater. They have left
that open other than vulgar language or anything obscene.
Councilman Cooper addressed concerns with limiting the length of time
the commercials run so to speak. Mr. Lear informed Councilman Cooper
that was addressed under Section 21-61.11 (f). They have been around
for a while but the enacting of standards is relatively new.
City Manager Barlow commented on the research that has been done the
last eight months trying to find the balance that fits in Edgewater.
He felt Mr. Lear did a great job with that.
Councilwoman Bennington spoke of this coming and being prepared for
this.
Councilman Ignasiak questioned if this would prohibit the City from
wanting to put a large display sign up at the ballfields to advertise
events. City Manager Barlow informed him it wouldn’t. He further
spoke of the Fire Station being the first to have a City sign to
advertise events. They want to model that sign in front of the
Leisure Services building.
Councilman Cooper disclosed he had been contacted by a large
corporation who wanted to buy the City a sign. City Manager Barlow
spoke of already having a conceptual design. He estimated the sign to
cost $35,000 to $40,000.
Councilman Cooper then asked if they pick up the tab if they would be
able to put the company’s logo on the bottom of the manmade sign.
City manager Barlow agreed to negotiate an agreement to bring before
council of how long that advertisement would be there and some of the
requirements with it. It would be a policy decision made by Council.
He further identified what traditionally happens.
Due to there being no public comment, Mayor Thomas entertained a
motion.
Councilman Ignasiak moved to approve Ordinance 2011-O-07 with the
additional changes mentioned by Mr. Lear, second by Councilman Cooper
.
The MOTION CARRIED 5-0
.
st
C.1 Reading, Ordinance No. 2011-O-06 – Enacting Article XX
(Ridgewood Avenue Corridor Design Regulations) of Chapter 21
(Land Development Code)
City Attorney Ansay read Ordinance 2011-O-06 into the record.
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City Manager Barlow made a brief staff presentation and turned the
presentation over to Mr. Lear.
Mr. Lear identified changes or revisions that did not go out with the
agenda request. He referred to Page XX-2, Section 21.630.02; Page XX-
9, Section 21-650.01(b)(2), 21-650.01 (d), 21-650.01 (e); and Page XX-
10 Section 21-650.03.
Mr. Lear answered questions presented by Councilwoman Bennington.
Councilman Cooper expressed concern with the problem of multi-tenant
business operations with regard to the sign not having enough room to
be that descriptive, which Mr. Lear addressed.
Mr. Lear further identified changes or revisions with regard to Page
XX-10, Section 21-650.04 (b) and Page XX-12, Section 21-660.02 (c) and
(d).
Mr. Lear further identified the overlay that was pulled from the
existing SR 442 overlay and modified it to fit the U.S. #1 Corridor.
Mr. Lear then went through the attached Powerpoint Presentation and
answered questions presented by Councilman Cooper.
Councilman Kennedy commented on the Codes for landscaping being great
but expressed concern with a lot of businesses not maintaining them,
which he realized was an enforcement issue. The Codes are worthless
when they don’t maintain them. He further commented on needing to
enforce the maintenance issue. He suggested when they apply for a
permit that they also submit a maintenance plan. He doesn’t think a
lot of the business owners realize what it will cost to maintain. He
felt if they don’t enforce the maintenance part they have wasted
everybody’s money requiring them to build this up front.
Councilman Cooper commented on the large franchise and corporate
groups. He felt responsible groups would do their job. He spoke of
companies cutting everywhere and landscaping tending to be the first
thing that is cut.
Councilman Kennedy felt they needed to consider the cost to the
businesses and find a happy medium.
Mayor Thomas asked for public comment.
The following citizen spoke:
Mike Visconti
, 316 Pine Breeze Drive, felt it was about time that
Edgewater looked at other cities like they are doing right now about
beautification. Nothing has been done along U.S. #1 in six years. He
informed Council of a pile of trash on U.S. #1 between TD Tank and
Space Coast Bank that has been there for four months.
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Mr. Visconti commented on the three signs that were donated by the
Chamber of Commerce that were at the entrances to the City that were
taken down. He has been on the Beautification Committee since 1995,
when they started off with a bang. Nothing has been done in the last
8 years.
Mr. Visconti felt the Edgewater logo was a beautiful logo and would
like to see it where Air Park is coming into Edgewater, in the middle
on both sides, one coming in from Oak Hill and another one coming in
from New Smyrna on U.S. #1.
Mr. Visconti commented on when Mr. Kennedy was running for Council and
remarks he made regarding beautifying Edgewater. He then referred to
the strip malls.
Due to there being no further comment, Mayor Thomas entertained a
motion.
Councilwoman Bennington moved to adopt Ordinance 2011—O-06 with the
changes provided by Mr. Lear, second by Councilman Cooper
.
The MOTION CARRIED 5-0
.
D.Resolution No. 2011-R-10 – Mid Year Budget Amendment for
Fiscal Year 2010-2011
City Attorney Ansay read Resolution 2011-R-10 into the record.
Finance Director John McKinney provided a brief summary of the Mid-
Year Budget.
Due to there being no further Council or public comment, Mayor Thomas
entertained a motion.
Councilwoman Bennington moved to adopt Resolution 2011-R-10, second by
Councilman Ignasiak
.
The MOTION CARRIED 5-0
.
E.Resolution No. 2011-R-11 – Modification to the School
Scholarship Committee By-Laws
City Attorney Ansay read Resolution 2011-R-11 into the record.
City Clerk Wenzel made a staff presentation by describing the proposed
modifications to the School Scholarship Committee By-Laws.
There was a brief discussion regarding children and legal dependents
of members of the Committee being ineligible from receiving the
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scholarship to avoid the appearance that there is any conflict of
interest. Councilwoman Bennington felt this wasn’t fair to the
children but she understood.
Mayor Thomas asked for public comment.
The following citizen spoke:
Bob McIntosh
, 2921 Sabal Palm Drive, commented on there being no
mention of where the Scholarship Committee meets. City Clerk Wenzel
informed him they don’t normally do that in the by-laws where the
meeting is held.
Mr. McIntosh referred to Article III – Membership. He felt there was
no need to have the Elementary Schools involved when they are only
talking about graduating students from High School. Councilman
Kennedy pointed out any amount over $15,000 being granted to the four
schools in our City.
Mr. McIntosh didn’t feel it was necessary to have the Non-Voting
Liaisons from the elementary schools since they had an educator from
New Smyrna Beach High School, New Smyrna Beach Middle School,
Edgewater Public Elementary School or Indian River Elementary School
identified as a Voting Member.
Councilman Kennedy believed they would be over the $15,000 mark
eventually. Assuming they were, they would need a voting member from
some of the schools that would actually be getting some of the funds
that would know what the needs are at the school as opposed to someone
who may be a retired educator.
City Manager Barlow confirmed there would be five Voting Members with
a representative from one of the four schools.
Councilman Cooper asked if they could put an amendment in one of the
articles where they address in case they had an overage. Councilman
Kennedy stated at the next meeting they could change Article III,
(A)(2)(v) to an educator. He spoke of it being really difficult to
get a person from one of the schools to come to the meeting. On that
basis alone he felt it was a good suggestion and mentioned they would
address it at the next meeting.
Pat Card
, 3019 Willow Oak Drive, expressed concern with there being
only five members and making sure the representatives on the Committee
represent Edgewater and that there aren’t more people from other
cities on the Committee.
Mr. Card spoke of having a tremendous advantage in Edgewater because
of the number of people who have retired with doctorates that have
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May 16, 2011
been in this City for a short period of time but have been in
education for a long time.
Mr. Card then spoke of inviting people in to the Committee to make
presentations from the schools regarding the money in excess of
$15,000.
Councilwoman Bennington agreed with Mr. Card. Councilman Kennedy
commented on the intent being to have more voting members originally.
He further spoke of the goal being that an Edgewater student receives
the scholarship. He felt having all five members live in the City was
a better way of doing it than having members that aren’t. He further
spoke of there being a lot of people with a stake in this game.
Councilwoman Bennington suggested increasing the number of members and
decreasing the amount for a quorum to make it easier to get stuff
done. City Clerk Wenzel informed her the quorum was three.
Councilman Kennedy felt they would get accomplish a lot more during
the summer months due to the educators having more time. Once school
starts and they have the groundwork laid they won’t have such a demand
for their time. He also pointed out the Non-Voting Liaisons would
help them in their determination of who gets the scholarships. Right
now they are trying to generate funds.
Councilman Cooper felt they had an excellent outline and it was a work
in progress. He would solicit everybody to start writing the school
Board and tell them the New Smyrna High School should be New
Smyrna/Edgewater high School.
Councilwoman Bennington commented on Councilman Kennedy at the
Business Expo soliciting for people to sign up to donate for the
scholarships.
Councilman Kennedy moved to approve Resolution 2011-R-11 as modified
by the City Clerk, second by Councilman Cooper
.
The MOTION CARRIED 4-1. Councilwoman Bennington voted NO
.
9.BOARD APPOINTMENTS
A.Construction Board of Adjustments and Appeals – Councilwoman
Bennington’s appointment due to the resignation of James
Tindall (Plumbing Contractor), whose term expires on December
13, 2011
Councilwoman Bennington made a motion to appoint Brian Foster to the
Construction Regulation Board, second by Councilman Cooper
.
The MOTION CARRIED 5-0
.
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10.OTHER BUSINESS
A.Request to approve the selection and award contracts/agreements
to The Barnett Group and The Triece Company for Professional Real
Estate Services and authorize the City Manager to execute said
agreements
City Manager Barlow made a staff presentation.
City Manager Barlow and City Attorney Ansay then answered questions
presented by Councilwoman Bennington and Councilman Cooper.
Mayor Thomas asked for public comment.
The following citizen spoke:
Dominic Capria
, 606 Topside Circle, asked if the three properties the
City owns in ParkTowne were for sale and what the worth was of the
three properties. City Manager Barlow informed him they were not up
for sale and he did not know what they were worth.
Due to there being no further comment, Mayor Thomas entertained a
motion.
Councilwoman Bennington made a motion to adopt staff’s recommendation
and enter into an agreement with The Barnett Group and The Triece
Company for Professional Real Estate Services and authorize the City
Manager to execute said agreement, second by Councilman Ignasiak
.
The MOTION CARRIED 5-0
.
Mayor Thomas called a ten-minute recess at this time. The meeting
recessed at 7:33 and reconvened at 7:45 p.m.
B.Review and discussion of City Clerk’s salary and provide
direction to the City Manager regarding any salary adjustment
City Manager Barlow made a staff presentation.
Councilman Kennedy questioned if the City Clerk does the same thing in
every city. City Clerk Wenzel explained how it varies from city to
city.
Councilman Cooper pointed out the City Clerk in the past compared to
the salaries they are paying today were far below what City Clerk
Wenzel’s salary is as well as being far below City Clerks in
corresponding cities of comparable size.
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Councilman Cooper further commented on bringing this forward due to
other individuals who had received merit raises because of degrees or
certifications in the past year. City Clerk Wenzel received her
certification on January 6, 2011. Councilman Cooper was surprised he
hadn’t received a range or recommendation.
City Manager Barlow reminded Council they appoint three Charter
officers, the City Attorney, City Manager and City Clerk. He also
informed him that was nothing the Personnel Director would do as far
as making recommendations. It was the responsibility of the Council.
Councilman Cooper asked about it being the responsibility of the
Council to fix the dollar amount if they wanted to give City Clerk
Wenzel a raise tonight. City Manager Barlow informed him it was up to
Council.
Councilwoman Bennington asked if they gave raises last year in the
budget for certifications. City Manager Barlow informed her they did
a salary study excluding the Clerk, Manager and Attorney and they laid
out a five year step plan based on what the study showed for the lower
paid employees. Councilman Cooper pointed out they had sixteen
individuals who were reclassified and received increment advancements.
Councilwoman Bennington had no problem with City Clerk Wenzel’s job.
She felt she has come a long way and applauded her for getting her
CMC. It’s not in her contract but that was one of the things they had
requested of her to do if she got the job. She would love to give
City Clerk Wenzel a raise but felt they should wait until they do the
budget and address it at that time. She felt it would put her in a
bad position if they give her a raise and don’t give everybody else
raises for things. She felt it was bad timing for them to do this.
Councilman Ignasiak felt they could take her out and treat her
differently because she isn’t covered under the collective bargaining
agreements and doesn’t receive those benefits unless the Council gives
it to her. He felt to treat her as a member of a group which she
receives no benefits from was wrong. He felt she needed to be treated
separately.
Councilwoman Bennington felt it would create a bad atmosphere even
though she agrees with what Councilman Ignasiak said. She felt the
time to address these raises was at budget time.
Councilman Cooper commented on it being a demand in the hiring of City
Clerk Wenzel for her to get her certification. She accomplished that
and they paid her lesser of a salary because she did not have the CMC.
Councilwoman Bennington pointed out she received a raise after her six
month probationary period. She hasn’t gotten a raise since then just
like nobody else has.
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Councilman Kennedy felt if it was explained that she completed her
certification people would understand. He referred to the people that
were compensated last year that deserved a raise and got it.
There was a brief discussion regarding Councilman Cooper bringing this
item up and not City Clerk Wenzel. Councilman Kennedy felt this was a
personal issue and it being an awkward position for anyone to be in
and ask for a raise.
Councilman Ignasiak felt there was plenty of precedent in the City for
situations such as these. He further identified positions, such as
Police Officers and Firefighters that receive additional compensation
for obtaining degrees and certifications.
Mayor Thomas commented on the public events that she has attended and
her becoming very involved.
Councilman Kennedy commented on the personal responsibility involved
with the City Clerk position.
Councilman Ignasiak felt they would be compensating her for her
increased education and credentials.
Councilman Cooper made a motion to increase City Clerk Wenzel’s salary
to $60,000 and make it retroactive back to her obtaining her CMC
.
There was a brief discussion regarding what the City Clerk in New
Smyrna makes in determining how much of a raise to give City Clerk
Wenzel.
The MOTION DIED due to the lack of a second
.
Mayor Thomas entertained another motion.
Councilman Kennedy was thinking somewhere around the 5% range and made
a motion to increase her salary by 5%.
Councilman Kennedy made a motion to give City Clerk Wenzel a $2,575
annual raise retroactive to the date of her completing her
certification, second by Councilman Ignasiak
.
The MOTION CARRIED 5-0
.
C.Discuss City Utility Billing and Collection processes and provide
direction to staff
City Manager Barlow made a staff presentation.
Finance Director McKinney started his Powerpoint Presentation by
providing the Background Information. (Attached)
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Council Regular Meeting
May 16, 2011
Councilman Cooper expressed concern about communication with the
property owner with regard to the property owner being held liable.
Mr. McKinney explained it is clearly explained to the property owner
when they open an account. Councilman Kennedy pointed out the
landlords in Edgewater know.
Councilman Cooper commented on the minimum bill that is charged even
if the service is not used. He asked how much of that revenue
actually reflects the income from the Utility Department. He was
trying to figure out if they needed that money or didn’t need that
money.
Mr. McKinney commented on having to reduce the Water/Sewer Department
by almost $500,000 because the revenue projections have not come in
from prior year. Stormwater as of 9/30/10 has had the first year in
the black and can finally repay the General Fund for the loan they
made back in 2008.
Councilman Cooper asked about the $53.38 they charge for services that
aren’t provided. How much of that was in the budget? Mr. McKinney
informed him all of it. Councilman Cooper asked the percentage of the
overall.
City Manager Barlow explained they do provide the service. What it is
is the availability of that water. If they don’t secure the
availability or concurrency then they sell that capacity to someone
else and then when they want to have that, the availability is not
there.
Councilman Kennedy commented on why he believes people are getting
something for the $53.38 minimum bill.
Mayor Thomas commented on the maintenance that has to be done.
Councilman Cooper expressed concern with a citizen paying for
something they aren’t getting. He mentioned there being the same
problem in other cities. He questioned how much of the $53.38 could
be offset.
City Manager Barlow explained they could do a rate study. They could
pass the cost off to the seasonal people by raising their rates so
they could lower these rates. It costs to maintain the plant whether
those folks are here or not. Hypothetically, if Council gave
direction to do a rate study and they wanted a different rate for the
seasonal people that go back home, then they would increase those that
live here that would absorb that difference.
Councilman Cooper spoke of billing it differently. He spoke of it
bothering the citizen being charged even though they aren’t here.
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May 16, 2011
Councilman Kennedy spoke of what the people are paying for is
consumption which is the variable cost.
City Manager Barlow commented on there being a cost associated with
operating the plant. Who pays that and how that is paid for was what
they were going to discuss. They have to have a way to validate the
rates they are set in case they should be sued.
There was a brief discussion regarding the cost associated with doing
a rate study.
Mayor Thomas suggested they get through the presentation and ask
questions at the end.
Mr. McKinney identified 56% of the Environmental Services budget is
covered by the minimum bill of $53.38 per month.
Mr. McKinney continued his Powerpoint presentation by going over the
Current Timeline, Total Transactions, Customer Service Calls, Customer
Service Hours, and Modification Considerations. He then commented on
Option A – Status Quo Plus, Option B – Landlord/Tenant and Option C –
Tenant/Tax Assessment.
Mr. McKinney invited Council to come and visit the girls in Utility
Billing and Collections or ride with the Field Tech.
Mr. McKinney then described the Consideration Summary.
Mayor Thomas passed the gavel to Councilwoman Bennington at 8:39 p.m.
Councilman Ignasiak commented on going with the radio reads in order
to cut down the number of personnel. Environmental Services Director
Brenda Dewees explained when they did the radio reads they eliminated
one meter reader and put them on the field crew to do other
maintenance activities. They didn’t increase any personnel but they
shifted personnel within that department. She spoke of two positions
being eliminated in the Field Operations Division due to budget
constraints and lack of building over the past few years.
Councilman Cooper spoke about not recouping any real benefit by
putting the new meter reading system in.
Councilman Cooper referred to Option A and asked Mr. McKinney what the
majority of the complaint calls were, why they were getting so many
and if they had ever done a comparison to another city. Mr. McKinney
informed him the one thing he could tell him was we have more walk in
payments than any other agency he has asked. He then presented
several different scenarios of why people call.
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May 16, 2011
Councilwoman Bennington returned the gavel back to Mayor Thomas at
8:42 p.m.
Councilman Cooper asked if there was anything in the phone system that
could be improved to send those calls to some kind of recording where
they answer them at a better time of day. City Manager Barlow
commented on not stacking them up in voicemail due to not having the
time to get back to them, which he feels frustrates people. He
further commented on the IVR system they are looking at and
considering.
Councilman Cooper questioned the landlord and tenant both being
charged for 5,000 gallons of consumption in Options B & C. Mr.
McKinney explained the landlord would get the base bill and the tenant
would get the consumption and that there was no consumption included
in the base bill.
Mayor Thomas disclosed one of the biggest complaints he gets is the
water bill and he felt they needed to do something. The Council
needed to provide staff direction. He felt if they told their
customers where their money is going it would be better.
Councilman Cooper felt they needed to reword the section in the Code
where customers have to pay a minimum bill whether the service is used
or not. He felt if they reworded it those complaints would go away.
Councilman Cooper commented on collecting 56% of the outstanding
money, which leaves 44% of over $478,000 they aren’t collecting. City
Manager Barlow informed him those were liens and they would eventually
collect them.
Mr. McKinney commented on the uncollected moneys being reduced by
$500,000 in the last three years. We are the only active liening city
in Volusia County.
Councilman Cooper commented on Mr. McKinney wanting another employee.
If they picked up 1% of this outstanding money, it would pay for his
employee. Is there anything they can do better?
City Attorney Ansay commented on the properties in Edgewater that are
upside down because of mortgage problems. She spoke of the liens
getting foreclosed through the process. If they have a lien and there
is equity in the property, these are amounts that don’t justify
foreclosing on the lien. She spoke of the City being very aggressive
in getting the liens filed, which she felt was better than what many
cities are doing.
Mr. McKinney commented on instances where an account had to be written
off. We aren’t out to get rich. We are only out to cover our cost.
15
Council Regular Meeting
May 16, 2011
He further spoke of receiving Council direction in the past to work
with people to reduce the liens, which he has been doing.
Councilman Kennedy stated this is the reason three years ago he
decided to run for Council. He was a landlord and he has lots of
friends that are landlords. Landlords are just as much a viable
business as any other business that goes on in this City. He agreed
with Councilman Cooper that there was a communication problem with
their northern residents. He felt what they were doing to the
landlords was a crime and it was wrong. He further spoke of being
very passionate about this issue.
There was a brief discussion regarding what is allowed for in the
budget with regard to doubtful accounts being at 3% - 5%.
Councilman Kennedy further commented on customer service issues. He
felt the phone payments were totally necessary. He felt they should
address the needs of their customers and that raising the staff level
to accommodate the customer was a good thing. There was no doubt they
needed a professional rate study. He further mentioned having several
small policy things that he would add suggestions to. He thought
Council understood and agreed that what they are doing with the
landlord/tenant is wrong.
Councilwoman Bennington disagreed.
Councilman Kennedy identified ways that he felt were a better way to
deal with this. He felt they should spend the $37,000 for the rate
survey, figure out where they are at and move forward.
Councilman Cooper spoke of the rate study giving them the technical
side. The policy has got to come from Council. He felt if they put
both together they could get it done right the first time.
Councilwoman Bennington pointed out at one point construction was
their main industry. Apparently now it’s landlords. The only way to
cover what Councilman Kennedy wants so the landlords who are business
people don’t lose money is to raise the rates to the people who have
been here and stayed here. If you are a landlord and haven’t gotten
enough up front from the tenant to cover what it costs them then that
is their problem. It shouldn’t be the other users in this City’s
problem to pay for their bad management. She had no problem with
doing a rate study. After that, she felt they needed a workshop to
really hash this out.
Councilman Ignasiak felt they did have communication problems with
northern residents. He felt the problem was in how it is defined. He
also expressed support for a rate study. He would like to look at a
way of doing it differently. He felt they should consider additional
personnel. He felt they should tread very carefully and look at
16
Council Regular Meeting
May 16, 2011
things before they change the way they are bringing revenue into the
City and decide to do something differently. He felt the landlords
needed to be careful who they rent to. He didn’t feel the
consequences of landlords who have bad renters should be passed on.
Councilman Kennedy commented on there being three options with regard
to liens when a bill isn’t paid. He questioned if they are the only
City placing liens why and what do other cities know that they don’t.
City Manager Barlow explained if they have a contract with a tenant
they can’t file a lien on the property. Councilman Kennedy supported
the suggestion of asking the tenant to put up an appropriate deposit.
He spoke of a tenant being able to put up a deposit with FP&L and
Bright House.
Mayor Thomas stated the direction they were going to give Mr. McKinney
was clear wordage so people know what their money goes for and the
cutoff date and the whole deal. He spoke of having a problem with the
landlord/tenant. He also heard Council say they needed a rate study.
He felt they also needed a workshop.
City Manager Barlow suggested if they are giving him the green light
to proceed with the rate study, they could do the rate study that
would give them rates if they stayed status quo and they could also
have them do a rate study if all or a portion of the bill was in the
tenants name what would the rates look like then. He mentioned losing
product that they would never be able to collect on. They can
determine what those rates look like and then come back and do the
workshop.
City Manager Barlow asked Council if they were interested in putting
the stormwater and garbage on the annual tax bill or continue it on a
monthly basis? The more complex they make the survey the more they
are going to pay for the survey.
After a brief discussion, it was determined to continue the stormwater
and garbage on a monthly basis.
City Manager Barlow then asked who they wanted to pay for the
stormwater and garbage, the landlord or the tenant. Councilman Cooper
felt that had to be discussed and when they hold the workshop they
should get some input from some landlords.
The following citizens spoke:
Charlie Hewitt
, 2519 Glenwood Drive, landlord, spoke of getting stuck
with a lot of water bills. He wondered why they couldn’t do a deposit
from the landlord and the renter. He then commented on receiving his
newsletter in an envelope with a sheet of paper with just his name on
it. He spoke of the cost for the envelope, the paper and the postage.
17
Council Regular Meeting
May 16, 2011
He suggested the water bill be put on the newsletter and when they go
to read the meter they could drop the bill for the next month right
into the mailbox.
Councilman Kennedy pointed out his bill and newsletter come in the
same envelope.
Mr. Hewitt commented on having to pay the minimum bill and questioned
the cost for the actual use. If they aren’t using it they shouldn’t
be paying for it. He could see the shut off and shut on. He then
asked if the deposits go into an interest bearing account to help
offset the cost. Mr. McKinney described why the deposits are put into
a non-interest bearing account.
Mr. Hewitt commented on receiving bills that were still in the old
owner’s name from ten years ago but when a lien was placed against his
property it was in his name. If they could find his name to lien it
why couldn’t they find his name to bill it?
Ron Infinger
, 2802 Allison Drive, Orlando, property owner at 129
Wildwood Avenue, wanted to know how the City of Edgewater goes by
State Statute about the water bills. There is a State law that says
they can’t make the property owner pay for something they do not use
whatsoever. He spoke of as a landlord not being able to have the
water turned off on a tenant but the City has the right to turn that
water off when there is so much consumption. He asked for
clarification.
City Attorney Ansay elaborated on Mr. Infinger’s concerns by
addressing Florida Statute 180.135 which dealt with the prohibition on
liening property when the tenant is the name on the account, which is
the whole downside to changing the system the City uses and going with
a system where the tenant is billed directly. She spoke of there
being two options, to either contract with the owner or contract with
the tenant. She further commented on the City aggressively pursuing
the delinquent accounts.
Mike Visconti
, 316 Pine Breeze Drive, asked if the snowbirds pay the
water bill when they are not here. He further commented on there
being someone at the plant 24 hours a day seven days a week and
someone having to pay for that.
Councilman Cooper explained they pay for the availability of the
service, which he felt was the dilemma.
Agnes Witter
, 223 Flagler Avenue, felt charging the landlord was
fairly recent in Edgewater’s history. She asked if they at one time
had the tenants put up the deposits and then they changed it.
Councilwoman Bennington stated not to her knowledge and that it had
always been the way it is. Councilman Cooper commented on not
18
Council Regular Meeting
May 16, 2011
pursuing the liens so aggressively but they are a little more
aggressive because there is so much money they need in their operating
costs.
11.OFFICER REPORTS
A.City Clerk
City Clerk Wenzel explained they pretty much had Code Enforcement
paperless due to getting everything scanned. Fire Chief Cousins and
Lieutenant Lariscy came to her about it and they have been working
very hard to get this accomplished. It was the first step in not
archiving so much stuff and sending it to Iron Mountain. If the Code
Officers need to look up something it is on Laserfiche and they have
it at their fingertips and don’t have to go through boxes.
City Clerk Wenzel reminded Council of the employee picnic on Wednesday
at the Wastewater Maintenance building from 11 a.m. to 2 p.m.
City Clerk Wenzel wanted to get consensus from Council on bulk e-mails
they receive. They do get inundated sometimes and a lot of it doesn’t
have anything to do with anything they would be dealing with. A
suggestion was made that rather than the e-mails being sent to Council
individually that they be sent to her, which they are anyway. She
would send out any information to Council that would be necessary and
important.
It was the consensus of Council for the e-mails to be sent to the City
Clerk and forwarded to them.
B.City Attorney
City Attorney Ansay was going to wait between now and the next meeting
to give Council a written legislative summary that would affect them
in the coming year. She mentioned legislature with regard to the
Growth Management complete reorganization and the filtering down of a
tremendous amount of authority to the local level which would
dramatically change the way development occurs in the future.
Included in the summary would be legislature regarding the pensions as
well as other things.
There was a brief discussion regarding other legislative issues.
C.City Manager
City Manager Barlow spoke about where they are today with Consolidated
Dispatch. Volusia County is extremely aggressive in consolidating
dispatch countywide under the Sheriff’s Department. At the meetings
of the RCC Governance Board it appears the other partners are willing
to shutdown RCC and consolidate to the Sheriff’s Department, which
19
Council Regular Meeting
May 16, 2011
would be funded out of the General Fund taxes so everyone in the
st
County would be paying for those services. Effective October 1 there
is going to be one 911 public safety answering point in the County
which would be the Sheriff’s Department Dispatch Center. They will
not be transferring any calls out of there. If any dispatch centers
exist after October 1, it will be portrayed as a double taxation. He
further commented on the Executive Committee, which is composed of the
City Managers working on a transition plan that would be heard
tomorrow by the RCC Governance Board. He further commented on the
st
transition plan. He then explained effective October 1 they would
take over dispatch but now they are telling them they won’t be able to
do the records management conversion until May of next year. The
problem is some of their licenses for their software expires September
th
30 and they will have to renew for a whole year in order to get them
through to May. They are working with them to see if they can
expedite and transfer their records management system at the same
time.
Councilman Cooper asked if there was any talk of shared expense. City
Manager Barlow explained they have offered to pick up a lot of
expenses but some expenses they won’t.
City Manager Barlow further commented on having lingering employee
st
issues after October 1 as well as still having to fund costs going
into 2012 to maintain RCC as it winds down.
City Manager Barlow identified what was covered in the City’s share of
$506,000 for RCC which was all inclusive, which will now have to be
absorbed by the City.
There was further discussion regarding the Sheriff’s Department taking
over dispatch October 1st and calls for police or fire in Edgewater
going to the Sheriff’s Department and not RCC.
City Manager Barlow spoke of possibly hiring someone part time due to
the complexity of this whole transition to help with the IT side of
the transition.
City Manager Barlow informed Council of a workshop to be held at 5
th
p.m. on May 19 to describe and talk about the process of this
transition. They have assured them towards the end of that there
would be an opportunity for comments. He asked the Council to let
City Clerk Wenzel know if they wanted to go. City Clerk Wenzel
informed him it was already taken care of and that everyone would meet
at City Hall on Thursday.
City Manager Barlow commented on being approached regarding doing a
public/private partnership with regard to the management of the Animal
Shelter. He spoke of there possibly being an opportunity to do an
RFP/RFQ for proposals for a private contract to run it. There were no
20
Council Regular Meeting
May 16, 2011
commitments. They were just going to test the waters. They would
still own the building and the property and maintain it but someone
else would run the Shelter with the City continuing to handle Animal
Control.
Councilman Cooper spoke of having an obligation due to the referendum
that went before the voters to borrow the $500,000 for the animal
shelter. The citizens made it clear they wanted the City to not be a
major kill animal shelter. He wanted them to keep sight of that and
try and honor their obligation.
Councilwoman Bennington commented on why she felt it was a really good
idea. She felt it could be done more efficiently by a private sector.
City Manager Barlow then commented on an article in the Sunday
newspaper talking about the County Council redistricting. He had
asked City Clerk Wenzel earlier today to try to get a copy of the six
proposals for Council to review tonight because they are meeting on
th
June 7 and that could have a significant effect on Edgewater as it
relates to the County Council Districts. City Clerk Wenzel confirmed
she e-mailed and left messages and didn’t hear back from them.
12.CITIZEN COMMENTS
The following citizens spoke:
Mike Visconti
, 316 Pine Breeze Drive, continued his discussion
regarding strip malls, which he felt were an eyesore. He felt they
should approach the merchants to beautify their area. He then
commented on the appearance of the intersection of Park Avenue and
U.S. #1. He asked if they could approach these people and try to give
some kind of an incentive to buy potted plants or landscape their
area.
City Manager Barlow commented on what he was referencing was exactly
what CRA districts do. He spoke of not having the funds or districts
established to do that yet. They have just now completed the first
reading of what they want U.S. #1 to look like. Over time when they
redevelop or new businesses come along they will have standards for
U.S. #1 that they will have to meet. Today there is no mechanism in
place to do that.
Mr. Visconti wanted to go and approach the people and see if they
would do it on their own to beautify Edgewater and give something back
to the community. He suggested Mr. Visconti start with Mr. Carder and
talk to him about making some of those improvements which he felt
would be a good test market for him.
Charlie Hewitt
, 2519 Glenwood Drive, asked if anyone was at the
meeting from the Building Maintenance Department. He stated the
21
Council Regular Meeting
May 16, 2011
bathrooms were outstanding. City Manager Barlow credited Mr. McKinney
for that.
13. ADJOURNMENT
There being no further business to discuss, the meeting adjourned at
9:54 p.m.
Minutes submitted by:
Lisa Bloomer, CMC
Attest: APPROVED:
City of Edgewater, FJ.orida
' f V(wL (.0.0nL# J err►
Bonnie Wenzel, City Clerk Michael L. Thomas, Mayor
. ` t (Ja
22
Council Regular Meeting
May 16, 2011
These design regulations are intended to ensure high
quality private development in the Ridgewood Avenue
Corridor. The two major components of these
regulations are: i) landscape, buffer and related site
development treatments, especially areas immediately
adjacent to the road and z) building design standards
for new and redeveloped structures, including signage.
Management and Maintenance of Natural
Vegetation. Site plan submittals will be required to
graphically identify the manner in which natural areas
will be preserved and maintained. Site plan submittals
shall identify where natural areas will be trimmed and
to what limited extent they will be altered for visibility
from the road.
Drive - through windows and lanes shall not be located
on a side of the building visible from the right -of -way
of U.S. i. Drive - through lanes shall be designed
primarily for pedestrian safety and crossing. Drive-
through designs must have the same detail of the
principal structure and match the materials and roof
of the principal structure.
EV
.. ....- .;a.,r' � . 1 � �W�$. �� a�� c`�.,�^F': •�+�"^.�*a ,.rr. ' i°.�`.�m �:'�:..:4 _ � ,- �.at rx .;�n:�..i
The architectural design standards are intended to be
flexible and encourage design diversity and variations.
The criteria for development along the corridor will
primarily ensure that the architectural integrity and
details of existing structures are maintained, as well as
affirm the appropriateness of new development into
the character of the districts. Special attention has
been placed on the creation of an attractive, safe and
functional urban environment.
SIGNS
Sign regulations are important because they ensure
consistency of signage along the corridor and thereby
prevent clutter and confusion exemplified by older,
unregulated strip commercial areas. The purpose and
intent of sign regulations will be to augment the City
of Edgewater 's existing sign code to fit the higher
aesthetic standard being established for Ridgewood
Avenue. This Section covers freestanding or detached
signs, attached or building signs, multi- tenant
development signs and specialty signs.
e • A
1 IEDGEWATERI
City of Edgewater
Utility Billing and Collection
May 16, 2011
Purpose of Presentation
To receive policy direction from City Council
regarding the possible modification of utility billing.
, 1111.011111
LDG[4V \TER
1
Background Information
Policy for 10,565 utility accounts
•AII utility accounts must be in the Property Owners
name.
•Deposits held for 36 months and refunded to customers
in good standing - Water - $75 / Sewer - $75 = $150
•Ability to hold property owner responsible for unpaid
charges
•Ability to lien all unpaid utility bills to property owner
•Calendar Year 2011 - Liens filed - $258,917.26
1 EDGEWATER
Background Information
•Utility Bills - Property Owner only
•Utility Deposit - $150
•Utility Deposit refunded after 36 months of good payment
history.
•Minimum bill of $53.38 sent monthly regardless of
consumption (Water, Sewer, Refuse, Recycling & Stormwater)
•Unpaid utility accounts not subject to disconnection if
balance less than $50
•Utility lien issued if unpaid utility account exceeds $400.
7
1--
EDGEYVATER
lr
2
Current Timeline
Day
1 Meter read - Current Charges
3 Post and run charge calculations
4 Submit all adjustments to account
12 Submit Charges for billing
13 Print bills
31 Meter read - Current Charges
33 Post and run charge calculations
33Utiltiy bill due prior month
34Submit Charges for billing
35 Close all old accounts in cycle
37 20 Day Penalty charged
38 Water Shut off for non - payment 1st Month
42 Submit Charges for billing
43 Print bills
4430 day deliquent fee applied
EDGE WATER 68 Water Shut off for non - payment 1st Month
•
Total Transactions
1200 - -
T rans Volume
400 . _ _ __.. __. _. _. __ _ __ _ .1
200 r r t ie i 1A li
0
7/1/2010 8/1/2010 9/1/2010 10/1/2010 11/1/2010 12/1/2010 1/1/2011 2/1/2011 3/1/2011 4/1/2011
3
Customer Service Calls
250
200
150
` 4 o falls 100 J i i{ ` , ,
w /(A'6 I I : 1 0 \:\
•
7/1/2010 8/1/2010 9/1/2010 10/1/2010 11/1/2010 12/1/2010 1/1/2011 2/1/2011 3/1/2011 4/1/2011
Customer Service Hours
30.00
25.00
20.00
15.00 I / _
No of Hours
10.00.... \ I _ ', . . M
7/1/2010 8 /1/2010 9/1/2010 10/1/2010 11/1/2010 12/1/2010 1/1/2011 2/1/2011 3/1/2011 4/1/2011
4
Modification Considerations
Items to Consider
•Administrative expenses
•Ability of deposit to cover all or a portion of unpaid
amounts
•Financial impact of unpaid accounts to Rate payers
• Ability to hold property owner responsible / liens
• Bad Debt Write -Off
•Staffing level - 35 minutes per new account
1 EDGEWATER
Modification Considerations
Items to Consider
•Should current level of deposit be raised
•How long to hold utility deposit
.Ability to make payment arrangements on deposit
•Charges to Vacant Homes
•Rate study at $37,000
•Refund of Deposits
•Billing
•Accounts Payable
,1 L%
EDGLINAT['(Z
5
Modification Considerations
Items to Consider
•Elimination of Phone payments - potential fraud
•Addition of IVR
•H.T.E. based - Cost to City $50,000
•Third Party - Cost born by Customer $3 - $5 per call
• Lockbox - Payment processing
•Delinquency fee - apply at 4:30
• Future customer base
1 EWGEWATER
Modification Considerations
Options
A - Status Quo Plus
B - Landlord / Tenant
C - Tenant / Tax Assessment
2J
6
Status Quo Plus
(Option A)
•Make no change to billing process
•Modification Consideration
•Increase Staffing level - Customer Service Rep $39,000
` EDGLWATER
Landlord / Tenant
(Option B)
•Landlord - Base Bill - $53.38 per month
•Tenant - Consumption - $36.62 (Avg 5,000 gpm)
•Estimated additional bills - 1,800
•Monthly estimated turnover - 113
•Fees generated - $33,900
•Increased postage and handling $14,688
•Increased administrative cost $20,340
Net increased cost $1,128
Ati n
7
Landlord / Tenant
(Option B)
•Modification Considerations
•Increased Staffing level
•Customer Service Rep - $39,000
•Field Tech - $40,253
•Outfitted vehicle - $19,500
•Total Increase - $98,753
•Annual Cost - $80,381
EDGEWATER
Tenant / Tax Assessment
(Option C)
•Tenant receive base bill including
•Water / Sewer - $21.74
.Consumption - $36.62
•Total Bill - $58.63
•Tax Bill - Refuse & Stormwater - $367.80
•Monthly estimated turnover - 113
•Fees generated - $33,900
•Increased administrative cost $20,340
•Tax bill cost at $0.65 per parcel at $1,170
:' ;
Net increased revenue $12,390
8
Tenant / Tax Assessment
(Option C)
•Modification Considerations
•Increased Staffing level
•Customer Service Rep - $39,000
•Field Tech - $40,253
•Outfitted vehicle - $19,500
•Total Increase - $98,753
•Annual Cost - $66,863
1 EDGEWATER
City Council Invitation
Come visit Utility Billing and Collections and ride with
Field Tech.
May 18 and 19
June 3, 6, 7, 17 and 21
9
Consideration Summary
Option A — Status Quo Plus - $39,000
Option B — Landlord Base / Tenant Consumption - $80,381
Option C — Tenant Base + / Tax Assessment - $66,863
i
Direction to Staff
iP(,IIVN1f(2
10