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10-17-2011 - Regular CITY COUNCIL OF EDGEWATER REGULAR MEETING OCTOBER 17, 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.Special Meeting of July 13, 2011 Councilman Cooper moved to approve the July 13, 2011 Special Meeting minutes, second by Councilman Ignasiak . The MOTION CARRIED 5-0 . 3.PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A.Bev Johnson from the YMCA to present the Edgewater findings from the Community Healthy Living Index Bev Johnson , Vice President of Health Strategies for the Volusia Flagler Family YMCA, presented a global overview of the results from their Community Healthy Living Index Assessment they did with and for the City of Edgewater by going through a Powerpoint Presentation. B.Florida Health Care Plans presenting Work Force Wellness 1 Council Regular Meeting October 17, 2011 Wendy Myers , CEO, Florida Health Care Plans, introduced their team and went through a Powerpoint Presentation describing Work Force Wellness. Ms. Myers then answered questions presented by Councilman Cooper with regard to Ms. Myers doing public speaking engagements in Edgewater’s developments, low cost insurance for seniors to subsidize Medicare/Medicaid and other groups piggybacking on the program with the City to establish a healthy community. City Manager Barlow identified that the City’s insurance healthcare rates were based on claims history. He spoke of looking at what they could do to improve the claims history so they could either maintain or reduce their premiums. Councilman Ignasiak felt this was a good risk management approach and commended the program for its diversity and flexibility. Councilwoman Bennington asked if someone had a chronic condition that had to be monitored if this could be done at one of the clinics. Ms. Myers explained it was their plan not to replace a regular physician. They encourage everyone to have a family physician to take care of them. She spoke of encouraging people with chronic conditions that need ongoing monitoring to keep their appointments and follow the plan from the physician. She further identified helping with things the doctor doesn’t have time to talk to a patient about or different kinds of acute problems. Councilwoman Bennington questioned if they could go to the clinic for follow ups to make sure they maintain the doctor’s instructions and if they would cover that. Ms. Myers informed her they would. City Manager Barlow then identified another benefit being the multiple gyms throughout Volusia County as well as Flagler and Palm Coast that any of the employees or dependents covered by Florida Health Care could go to at no additional cost to work out. Councilwoman Bennington questioned the YMCA being on the list, which she is already a member of and asked if she could drop her membership and use her insurance card. City Manager Barlow informed her she could and that the YMCA still got paid through Florida Health Care. Mayor Thomas commended City Manager Barlow on his progressive thinking and felt a healthy employee would be a better employee, which he felt would be a benefit for the City. 4.CITIZEN COMMENTS City Manager Barlow identified Steve Harrell, CEO from Bert Fish Medical Center as being present and informed Council he invited him to come and hear the two prior presentations due to wanting to engage him because of Bert Fish being proactive on the preventative side as well. 2 Council Regular Meeting October 17, 2011 Mayor Thomas thanked Mr. Harrell for attending. The following citizens spoke: Mike Visconti , 316 Pine Breeze Drive, stated it was his understanding th that there was a park going at 10 Street and U.S. #1. He recommended the park be a 9/11 Memorial Park. He presented a description of some drawings he made for a monument. He asked the Council to think about it and felt it would be great for the City. City Manager Barlow commented on the piece of land Mr. Visconti was talking about and identified a majority of that would be stormwater retention and is owned by the County. They are talking to the County about having a gateway entrance there. He informed Mr. Visconti part of the new Fire Station was already going to have a section dedicated as a 9/11 memorial. They were one of the few departments that was blessed to have a piece of the iron from the twin towers given to them for a 9/11 memorial section. He suggested Mr. Visconti speak to Fire Chief Cousins, who was coordinating the project. Mr. Visconti expressed his interest in being involved. Dr. Kurt Schierlinger , 201 S. Ridgewood Avenue, Unit 3, Foot Smart Comfort Shoes, stated twice a year in October and February they have a customer appreciation sale and they advertise in the News Journal and on the radio as well as use a 30 foot banner to advertise. It has been recently brought to their attention that they are no longer allowed to use the sales banner. He requested a variance for that because that is essential to their economic viability. He wanted to find out why the banner was no longer allowed. City Manager Barlow didn’t know that the banner was ever permitted for those purposes. He suggested Mr. Schierlinger meet with the Development Services Director and go through that process. He further identified if it qualified for a variance request, it would also go before the Planning & Zoning Board who in turn would make a recommendation to Council. 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 respectfully requested that they bring back the discussion of the landlord tenant item and give him an opportunity to pitch an option 4. He wanted an opportunity to give it one more shot. Councilman Ignasiak asked if there was a protocol to reconvene an existing vote. He was informed it was a consensus. 3 Council Regular Meeting October 17, 2011 City Manager Barlow identified this as not being a new issue. They continue on based on the direction Council gave. Councilman Kennedy presents his case and talks about it and those could be changes that could take effect the following year, mid-year this year or sooner than that if it doesn’t have any financial impact or change in rates, just change in ordinance and policy. Councilman Kennedy believed he could prove if they do this his way, that the normal rate payers would be better off and better protected. He believed he could address all of the concerns of the Council to their satisfaction. City Manager Barlow suggested they schedule the discussion for the December meeting. Councilman Cooper identified his concern with rehashing this again. He felt the same amount of effort needed to be applied so he didn’t have a room full of landlords and he has an equal room of citizens. They don’t work for the City as much as they work for the people who elected them. Councilman Kennedy stated he told probably 100 landlords to not bombard the Council and that they could hash this out. He has done that up until this point. He would continue to try to keep it at a discussion level that is productive. Councilman Cooper wanted the information given out to the citizens as well. Mayor Thomas spoke of opening the opportunity for more discussion because of this being one of the biggest complaints he receives. Councilwoman Bennington reminded everyone of the Haunted Forest and Fall Festival at the YMCA on October 29th. She also reminded each of the Council to give their $50 for the bounce house to City Clerk Wenzel as soon as possible. Councilwoman Bennington further commented on the eight bounce houses as well as the monetary donations that that had been made by local businesses. There was further discussion regarding the fifteen businesses that were going to be involved in the trunk or treat. Councilman Ignasiak commented on the event he attended at the Fire Department that was sponsored for children. He felt this was a great opportunity and experience for kids in Edgewater. He expressed his compliments to the Fire Chief and Fire Association. 4 Council Regular Meeting October 17, 2011 Councilman Cooper commented on the changeover for the 911 calling st system to Volusia County on October 1. As far as they can tell, everything went smoothly and it seems to be working. Councilman Cooper then expressed that he felt the Workforce Wellness was a great idea. Councilman Cooper commented on an academy program he and Mayor Thomas attended that the High School is running to educate the students on how to become entrepreneurs of the future, which he felt was phenomenal. Councilman Cooper requested they add an item to the agenda for correspondence. He spoke of three correspondences that were circulating. He felt the mail needed to be addressed. Mayor Thomas felt he was talking about the complaints. He has had complaints that were invalidated that come from a vicious source. He didn’t feel those needed to be looked at. Councilman Cooper identified some of the Councilmembers were receiving the correspondence and some weren’t, which he felt was unfair. Mayor Thomas felt if they address a complaint and find the complaint invalid that they should be able to take some action towards that person. Councilwoman Bennington commented on two anonymous correspondences she has received and felt if they don’t sign it then it should just go into the trash. If they have a valid complaint with a signed document, she felt the City Manager should investigate it first before it comes to Council. It should go under the City Manager’s report and all of Council should receive a copy of it. She didn’t feel correspondence needed to be an additional item on the agenda. Councilman Cooper felt the protection of the City was the ultimate goal. He expressed concern with someone’s career being embarrassed because of phony allegations. Councilwoman Bennington identified she would not recognize an anonymous complaint because that is just stirring up unnecessary trouble. City Manager Barlow commented on being the one to address the operational complaints or problems as the City Manager. He further identified everything the Councilmembers talk to him about could be done independently and not only at a public meeting. He spoke about bringing more attention to the frivolous complaints when they are discussed at a public meeting, which he felt encouraged people to send them. 5 Council Regular Meeting October 17, 2011 Councilman Cooper spoke of being embarrassed about the three page complaint. City Manager Barlow encouraged him to come and talk to him. He asked the Council to bring to his attention any complaints they receive because he may not be aware of them as some of the complaints are being mailed to their homes and not directly to City Hall. He encouraged them to let City Clerk Wenzel know due to the complaints being public record. City Manager Barlow suggested Council give City Clerk Wenzel direction and permission that any time there is an operational concern, a complaint or anything else, outside of a complaint on him, that she shares that with him to address as the Council pays the City Manager to do. There was further discussion regarding the three page complaint being investigated and being frivolous. Councilwoman Bennington felt if they receive a frivolous accusation and it is proven frivolous they need to take legal action against some of these people. Councilman Ignasiak felt there had to be intent. Just because they make an allegation that turns out false doesn’t mean there was malicious intent. Mayor Thomas spoke of this being in the Policemen’s Bill of Rights. Mayor Thomas commented on a letter he received the other day that had no return address and no signature. He felt they couldn’t respond to that stuff if they didn’t have guts to sign their name. Councilwoman Bennington pointed out that what they are getting now compared to what they were getting when she served on the Council prior was nothing. Mayor Thomas commented on the high percentage of residents in Edgewater that do not have insurance. He was so excited about our insurance program and what the City is doing with it. 7.CONSENT AGENDA A.Request for approval of the FY2011-2012 Line of Coverage Insurance Premium in the amount of $554,609 and authorization for the City Manager to bind coverage Councilman Kennedy moved to approve the Consent Agenda, second by Councilwoman Bennington . The MOTION CARRIED 5-0 . 8.PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS 6 Council Regular Meeting October 17, 2011 st A.1 Reading, Ordinance No. 2011-O-15 – Amending and Restating Article III (Permitted, Conditional, Accessory and Prohibited Uses) of the Land Development Code City Attorney Wolfe read Ordinance 2011-O-15 into the record. City Manager Barlow made a staff presentation by identifying the proposed amendments to Article III of the Land Development Code. Development Services Director Darren Lear answered questions presented by Councilman Cooper with regard to metal sheds and how this would affect greenhouses. Mr. Lear explained this is basically for tents, canopies and temporary carports and that if something has engineering specifications it would be permitted. Councilman Kennedy pointed out he had one but that it could not be seen because it was in his backyard. He asked how many people citywide had them but they weren’t generating a complaint and as long as they are anchored properly are they really a problem in that respect. He commented on the amount of people that have them. Mr. Lear pointed out there was no way of knowing how many were out there because people don’t get permits for them. Councilman Kennedy suggested maybe the Code should be that they cannot be visible from the roadway. City Manager Barlow stated that was an option. He spoke of limiting the time they are up, outlaw them completely or regulate where they want them. Mayor Thomas was for putting them in the backyard as he already had two in his backyard. Councilwoman Bennington stated she is one of the people that have been complaining about these. They don’t meet the Southern Building Code so they can’t issue them a permit so they can put them up anywhere they want to and they don’t have to be anchored down. She has talked to Jeff Lariscy in Code Enforcement and he called other cites to see how they handle them. Her first response was to eliminate them. She drove around Florida Shores to look at the canopies and most of them they see are in really bad shape. She saw the canopies Mayor Thomas has and his are very nice, they are well kept and they are in the backyard. She suggested if they were going to keep the canopies in there, that they have to be in the backyard and not in the front or side yard. She suggested they be allowed to keep one up for two days if there is a need to have it in the front yard. Councilman Kennedy felt if they put them out of view and they are tied down properly, that is a win-win for everybody. Councilwoman Bennington stated the City doesn’t want to assume any liability for these because they don’t meet any building codes. If 7 Council Regular Meeting October 17, 2011 they acknowledge them in any way other than a temporary thing, they assume responsibility. City Attorney Wolfe informed her he would have to look into it. Councilman Kennedy pointed out they would be liable either way if they allow them temporarily or permanently and allow them to be in the backyard and tied down properly. Councilman Kennedy further commented on being a very diverse city. Councilwoman Bennington commented on wanting to clean up the community and raise property values. City Manager Barlow questioned if Council wanted to allow them in the rear setback as long as they are appropriately affixed, front and side setbacks for a 48 hour period. Councilman Cooper didn’t agree with allowing them for 48 hours in the front yard. City Manager Barlow felt the majority of the goal was aesthetics, which was what they were receiving the complaints about. City Manager Barlow stated they could go back and work on some additional language that would allow it in the side setback as long as there was a privacy fence or if there is no privacy fence it had to be in the rear setback. Mayor Thomas commented on keeping his house and his canopies looking nice and the need to keep equipment under a canopy because of the damage the sun can do. Councilman Cooper commented on a few bad apples ruining it for the whole bunch ad he felt they should be more open to the whole bunch. Mayor Thomas asked for public comment. The following citizen spoke: NoraJane Gillespie , 2263 E. Candlewood Lane, New Smyrna Beach, spoke of being a vendor at the Farmers Market. They are under 10’ X 10’ canopies. She felt they needed to put an exclusion in for them due to them being there every Saturday, fifty two weeks a year. Councilwoman Bennington questioned that falling under the seven day temporary. Councilman Kennedy stated the exclusion was already in there. City Manager Barlow asked to continue this item to November 7, 2011 and allow staff to work on the final tweaks based on what Council has given them. Councilwoman Bennington moved to continue Ordinance 2011-O-15 until the November 7, 2011 meeting, second by Councilman Cooper . 8 Council Regular Meeting October 17, 2011 The MOTION CARRIED 5-0 . st B.1 Reading, Ordinance No. 2011-O-16 – Amending and Restating Article VI (Sign Regulations) of the Land Development Code City Attorney Wolfe read Ordinance 2011-O-16 into the record. City Manager Barlow made a staff presentation by identifying the proposed text amendment. City Manager Barlow identified the only thing in the ordinance that was advertised to change were the garage sale signs. City Manager Barlow answered questions presented by Councilman Cooper with regard to Section 21-61.05(b) and Section 21-60.05(g). City Attorney Wolfe identified it would have to be readvertised to discuss other items in the ordinance. Councilman Cooper asked if they were having a problem with garage sales. He further commented on a letter they received from a gentleman that was complaining that the City stole his garage sale signs. He spoke of not being able to put them on the corners anymore or in the City right-of-way and only being able to put the signs in the front yard. He questioned why they were hurting the residents over garage sales. He never realized this was such a major catastrophe. City Manager Barlow addressed his concerns. Garage sales had become a huge problem within the community. They were popping up everywhere and even advertising for events in Brevard County and the signs weren’t being picked up. Councilman Cooper asked if it would have been better to write the ordinance in such a way that there would be a deposit required and once the signs were all picked up, they would receive their deposit back. City Manager Barlow stated they have no jurisdiction. Councilman Cooper commented no forcing someone to advertise in the newspaper if they can only have signs on their property. City Manager Barlow commented on where he was heading with the whole program. He is working on having garage sales available online as well as posting a list, which would be free advertisement, of all the garage sales in Edgewater. Councilman Kennedy felt people who go to garage sales get the newspaper and plan their routes and don’t pay any mind to the signs. He assumed the signs weren’t really working. Councilwoman Bennington pointed out they are hard to read. City Manager Barlow felt they become more clutter. Councilman Cooper hated to see it be so restrictive over something that families are trying to earn a couple extra bucks. 9 Council Regular Meeting October 17, 2011 Councilwoman Bennington pointed out Code Enforcement doesn’t throw the signs out, a lot of them they give back to the owner. City Manager Barlow stated and reeducate. Councilman Cooper questioned if they really hired a person and pay an extra fee in labor to pay somebody to pick up the signs. City Manager Barlow explained they have two very strong and aggressive volunteers in Code Enforcement, which was part of the reorganization. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilwoman Bennington moved to adopt Ordinance 2011-O-16, second by Councilman Ignasiak . The MOTION CARRIED 4-1. Councilman Cooper voted NO . 9.BOARD APPOINTMENTS There were no Board Appointments at this time. 10.OTHER BUSINESS A.Request for Council consensus for staff to proceed with proposed text amendments to the Land Development Code and Code of Ordinances relating to alcohol consumption and/or sales contemporaneously with Special Activity events City Manager Barlow made a staff presentation. Councilman Cooper identified concerns regarding the restrictions. They are really putting a lot of restrictions on even giving the opportunity to do this. Unless they have had a problem with this in the past, why are they changing it? City Manager Barlow identified this would only pertain to City property. Mr. Lear identified there were specific thresholds in Article III of the Land Development Code. It was the consensus of Council for staff to move forward with the proposed text amendments relating to alcohol consumption and/or sales contemporaneously with Special Activity events. City Manager Barlow informed Council it would come back to them for an official vote. 11.OFFICER REPORTS A.City Clerk 10 Council Regular Meeting October 17, 2011 City Clerk Wenzel reminded everyone if any correspondence comes to their home addressed to them as a Councilperson in relation to City business, that it is a public record and to please make sure it gets to her. B.City Attorney City Attorney Wolfe had nothing at this time. C.City Manager City Manager Barlow presented an update on the Edgewater Expo, to include a carnival. He felt the event was going to get bigger and bigger. City Manager Barlow then commented on the opportunity for the City to consider the purchase of the old Cameron’s Marina. They are putting together a business plan to present to Council at a later date. He needed Council permission to do a letter of intent. Councilman Cooper wanted to know what the total cost would be. He didn’t want it in bits and pieces. City Manager Barlow explained a letter of intent would commit it to Edgewater. He then identified some of the items in the business plan they were working on or still needed to do. Councilman Cooper felt it would be a lot of money once they got into it. He felt there were options available to them and money that is available for docks. He would like to see the whole package and wanted to see it be a revenues source and not another huge impact to the taxpayer. Councilman Kennedy spoke of the value of the property diminishing significantly if it can’t be used as a marina. He spoke of having the river and unique access to it which gives them a step up when they are trying to compete. He further commented on there being all kinds of ways to convert the property without a large scale expense of a marina. City Manager Barlow informed council he needed a consensus to allow him to do a letter of intent that allows them due diligence. If the numbers don’t work they walk away and they owe nothing and there are no guarantees. Councilman Cooper expressed concern with hurting Mr. Cameron. City Manager Barlow explained the current property owner wants the City to have it and they have been negotiating. The current property owner doesn’t want the water access taken away from the public and wants to see it maintained as a public use. City Manager Barlow then reminded Council of the Economic Development Summit to be held on October 22nd at 9:00 a.m. He identified that 11 Council Regular Meeting October 17, 2011 Economic Development Board Members, Planning & Zoning Board Members and Staff would be attending. City Manager Barlow commented on the $10,000 in this year’s budget for Team Volusia and informed Council he wanted to bring this up tonight and if they had any reservations he would hold off but if they didn’t he would proceed forward. Councilman Ignasiak expressed the reasons why he has reservations about Team Volusia and the fact that they haven’t achieved anything. He would rather keep the money here. Councilman Cooper asked how much it would hurt them if they were the only ones that don’t participate. He felt it would be a blow to Edgewater if all the other cities are supporting this. Mayor Thomas spoke of being skeptical but he felt it would be an embarrassment if they were the only City not participating. Councilman Cooper spoke of missing an opportunity and having opportunities in Edgewater that the other cities don’t have. He would hate to see them lose out on major opportunities because they are unique. Councilwoman Bennington questioned them wanting more than $10,000. City Manager Barlow commented on the different levels and the costs associated with them. Councilman Kennedy commented on there only being so much governments can do to provide economic assistance. Mayor Thomas felt this was a very political thing. Councilman Cooper commented on this being a national organization. Councilman Kennedy questioned if they could go in at the minimum level. Councilman Ignasiak would be more pressed to give the money to local businesses, local people and local kids. Edgewater needs to look out for Edgewater first. Councilman Bennington spoke in opposition to this. City Manager Barlow stated they wouldn’t reallocate the money and would suspend the membership at this time and they would revisit it on a six month basis. 12 Council Regular Meeting October 17, 2011 There was a brief discussion on the Volusia Honor Air program with regard to correspondence Councilman Cooper had given to City Manager Barlow. Councilman cooper asked City Manager if he had gotten any more th information on the function on the 27. City Manager Barlow stated they drove by on Friday but nobody was there so his goal tomorrow was to call for a site visit but he didn’t anticipate any problems. Councilman Cooper further commented on “Ride 2 Recovery” where wounded veterans are bicycling all over the country. City Manager Barlow was going to get with the Commander and make sure they can help them ready that building. The Police Chief had no problem with the escort. He felt reasonably comfortable they would hit that target. 12.CITIZEN COMMENTS The following citizens spoke: NoraJane Gillespie , 2263 E. Candlewood Lane, New Smyrna Beach, informed the Council Aqua Park was again open to the public. She asked the Council to back the Barracuda Boosters. She told them to come and see City Manager Barlow because they want to put something on the utility bills letting the residents know the pools were open again. There was a brief discussion regarding Aqua Park being included in the Work Force Wellness. Bob Overton , 631 Starboard Avenue, felt there were a number of reasons not to give the $10,000 to Team Volusia. He felt they needed to help the local businesses and further commented on the economic times right now. He felt the biggest problem was political. If they don’t join they will be in isolation and once they become isolated that is where they are going to stay. He hoped the Council would reconsider and think about the positive side of what that $10,000 could get them. 13.ADJOURNMENT There being no further business to discuss, Mayor Thomas adjourned the meeting at 8:19 p.m. Minutes submitted by: Lisa Bloomer, CMC 13 Council Regular Meeting October 17, 2011 Attest: APPROVED: City of Edgew -tpr, Flor'da t en/Nk..) Lnd, _ r Bonnie Wenzel, City Clerk Mic ael L. Thomas, Mayor 14 Council Regular Meeting October 17, 2011