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04-18-2011 - Regular CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 18, 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 A.Special Meeting/Executive Session of February 7, 2011 Councilman Cooper moved to approve the February 7, 2011 Special Meeting/Executive Session minutes, second by Councilman Ignasiak . The MOTION CARRIED 5-0 . B.Regular Meeting of February 7, 2011 Councilman Cooper asked City Manager Barlow if City Clerk Wenzel was due for a raise due to having gotten her certification. City Manager Barlow didn’t believe there was anything in her contract but that they could look at that. He then made mention of a salary survey done by the Personnel Director as it related to City Clerk Wenzel’s salary and where she is in comparison. He agreed to place it on the next agenda. Councilman Cooper moved to approve the February 7, 2011 Regular Meeting minutes, second by Councilwoman Bennington . 1 Council Regular Meeting April 18, 2011 The MOTION CARRIED 5-0 . C.Special Meeting/Executive Session of March 7, 2011 Councilman Ignasiak moved to approve the March 7, 2011 Special Meeting/Executive Session minutes, second by Councilman Cooper . The MOTION CARRIED 5-0 . D.Regular Meeting of March 7, 2011 Councilman Ignasiak moved to approve the March 7, 2011 Regular Meeting minutes, second by Councilwoman Bennington . The MOTION CARRIED 5-0 . 3.PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A.James Halleran, James Moore & Company, presenting the FY2010 Comprehensive Annual Financial Report James Halleran , James Moore & Company, presented the City’s audit for fiscal year ending September 30, 2010 by going through a Powerpoint presentation. Mr. Halleran and City Manager Barlow answered questions and addressed concerns presented by Councilman Cooper, Councilman Kennedy and Councilwoman Bennington. 4.CITIZEN COMMENTS The following citizens spoke: Pat Card , 3019 Willow Oak Drive, commented on the Law Enforcement Torch Run for Special Olympics that was to be held on April 28, 2011. He spoke of the Grand Finale to be held at Kennedy Park at noon. He spoke about the support of the Edgewater Police Department and there being participants from other law enforcement agencies in Volusia County. He mentioned being part of a service organization that helps. He hoped they would be there to help celebrate the people that run. Gary Conroy , 3107 Queen Palm Drive, 21 year employee of the City, spoke as Trustee of the Police Pension Board. He mentioned Council being given an accountant’s report of the three pension funds, which he took exception to as to the way it was presented to Council. He felt the report was done without any due diligence. He submitted to Council that this was done for the purpose of putting certain trustees specifically himself and Dan Blazi in a bad light. The City Manager professes to be concerned with the expenses of the education that they 2 Council Regular Meeting April 18, 2011 as a majority of the Board believe to be very important when you are responsible for $8 million. It was through his direct action and conversations with him that has increased those expenses. He brought to Council’s attention the rental car mentioned in the report. He ended a practice of allowing City employees to use a City vehicle attending those functions, which kept the cost of attendance at the minimal. He told him he did not trust them with a City vehicle outside of the City limits. When he reminded the City Manager of his prohibiting the use of a City vehicle, he told him he didn’t remember the conversation. He questioned why the report looked at the time cards of himself and Dan Blazi. He stated the report mentions time not recorded on specific days. If you take it at face value, it suggests they are stealing time from the City. He asked when the City Manager received or reviewed the accountant’s report why didn’t he immediately have his department head who signed the time cards as true and correct look into the discrepancy. Because there is none. There is an underlying reason for the report as it is presented to Council. No one ever contacted himself or Dan Blazi while the report was being done. If questions arose during fact finding why were they not asked to provide any input to the report. Eighteen years ago the police officers elected him to represent them on the Pension Board. He has been reelected nine times since then. They have shown him by those actions that they have confidence in him. He always does right by them. This is not the first time he has been at odds with a City Manager over the administration of a pension fund. Previous Police Chief’s have confided to him over the years they have been pressured into making his employment with the City a difficult one over these matters. This is the first time someone has attempted to have people question his integrity. He has consulted with legal counsel. He doesn’t think there is anything more than a shameful attempt to tarnish the reputations of two decorated veteran police officers. Tess Petix , 2724 Pine Tree Drive, mentioned being intrigued by the Civility signs around the Council Chambers. She wanted to talk about the policies of Edgewater, which she considers uncivil. She comes from New Hampshire. She came in today because she screwed up on her water bill. She has a PhD which she feels she needs to figure out the water bill. She spoke of being assessed an additional $30. She watched one lady turned away because she didn’t have sufficient funds in her bank account. She saw two young girls, one paying $15 on an older woman’s account and another one saying that was all she gave her to pay. On the way to work this morning she heard in Edgewater that everybody was excited because the unemployment rate went from 11% to 10%. She has sensed a lack of awareness of people and human beings. She doesn’t feel the policies of this City give anything to anyone who happens to be in need and she has seen this happen before. She doesn’t like the City’s policies or the way they put paper over people. She thinks the Council should take a long hard work and do some time sitting in there and watching people trying to pay bills and additional $30 bills when they clearly couldn’t afford the first one. 3 Council Regular Meeting April 18, 2011 David Evans , 418 Northstar Lane, stated for the last three years kids and adults on dirt bikes come ripping across his backyard at sporadic times. He has a relatively small backyard. It is his understanding that the County has an easement behind him. He called the County and they asked if he was in the City limits of Edgewater. He informed him he was and they told him it was Edgewater’s problem. Two weeks ago he stopped a couple of them and one of them came back right up in front of him and his actions were they would come through there whenever they wanted because they had been doing it for years. He popped a wheelie and almost ran over his wife. He wondered what could be done about this. He couldn’t put up a fence if the County has a six foot easement behind him. Mayor Thomas asked if he had made any complaints with the Police Department. Mr. Evans informed him he spoke to Officer Stone and his words were “let’s see what we can do about it”. To his knowledge nobody has physically come out and looked at it. City Manager Barlow was familiar with the property in question and commented on there being a couple of situations there. They have no records of complaints but Police Chief Arcieri has requested extra patrols. He spoke of the area behind Mr. Evans’ property being used for recreational purposes being a combination of Edgewater and Unincorporated County areas. They have worked with the developer of Edgewater Lakes to try to get them to fence it off but they are getting recommendations from their Attorney not to fence it off because it increases the liability on their part. There is nothing in the Code that requires them to fence it off. Mayor Thomas stated they know there is a problem there and he and City Manager Barlow have both been there and looked at it. He was going to put Mr. Evans in touch with the Chief of Police and they would see what they could do for him. 5.APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA Councilwoman Bennington wanted to move up the Board Appointments before Item 6. Councilman Ignasiak felt that was a good idea. Mayor Thomas moved to Item 9A. 9A. Economic Development Board – Councilman Kennedy’s appointment due to the resignation of Bob Williams, whose term expires on March 20, 2012 Councilman Kennedy moved to appoint Steven Harrell to the Economic Development Board, second by Councilwoman Bennington . The MOTION CARRIED 5-0 . 4 Council Regular Meeting April 18, 2011 9B. Police Officers’ Pension Board of Trustees – Councilman Kennedy’s appointment due to the expired term of Ferd Heeb, whose term expires on May 21, 2011 and is seeking reappointment Councilman Kennedy moved to reappoint Ferd Heeb to the Police Officers’ Pension Board of Trustees, second by Councilwoman Bennington . The MOTION CARRIED 5-0 . 9C. Citizen Code Enforcement Board – Councilman Kennedy’s appointment due to the expired term of Gail Anderson, whose term expired on March 17, 2011 and is seeking reappointment Councilman Kennedy moved to reappoint Gail Anderson to the Citizen Code Enforcement Board, second by Councilman Cooper . The MOTION CARRIED 5-0 . 9D. Citizen Code Enforcement Board – Councilwoman Bennington’s appointment due to the expired term of Glenn Barnhill, whose term expires on April 21, 2011 and is seeking reappointment Councilwoman Bennington moved to reappoint Glenn Barnhill to the Citizen Code Enforcement Board, second by Councilman Cooper . The MOTION CARRIED 5-0 . 9E. Construction Board of Adjustments & Appeals – Mayor Thomas’ appointment due to the resignation of Trey Harshaw (Property or Casualty Agent), whose term expires on December 13, 2012 Mayor Thomas nominated Diane Freeman to serve on the Construction Board of Adjustments & Appeals. Councilwoman Bennington moved to appoint Diane Freeman to the Construction Board of Adjustments & Appeals, second by Councilman Ignasiak . The MOTION CARRIED 5—0 . 9F. Construction Board of Adjustments & Appeals – Councilman Kennedy’s appointment due to the resignation of Mat Ratra (Citizen at Large), whose term expires on December 13, 2011 Councilman Kennedy moved to appoint Bruce Mann to the Construction Board of Adjustments & Appeals, second by Councilwoman Bennington . The MOTION CARRIED 5-0 . 5 Council Regular Meeting April 18, 2011 6.CITY COUNCIL REPORTS Councilman Cooper read his report into the record. (Attached) Councilman Kennedy made mention of passing the resolution for the Scholarship Committee. They formed a Committee and had their first meeting ten days ago. They discussed getting awareness out about the scholarships for students. Their approach is to visit most of the civic events. They started doing that. He has had an overwhelming and surprisingly warm reception to it. Originally he estimated $1 per person and he is receiving $3 to $5 per person every month. A portion of their funds go to the local schools. He spoke of the people in Edgewater supporting the schools if the State won’t. They are willing to step up to the plate and he found that very enlightening. There was a brief discussion regarding it already being on the bill of the people who have signed up. Councilman Cooper asked if they were going to continue to put it in the newsletter. Councilman Kennedy informed him they were also going to set up a tent at local events. Councilman Cooper asked if someone could put a note on the bill to make the donation until they reorder the new bills, which will have a place to mark if they want to make a donation. City Manager Barlow commented on why that wouldn’t work right now. There was a brief discussion regarding the forms being available in City Hall and in the back of the Council Chambers. Councilman Kennedy suggested they add a signature line to the form. Councilwoman Bennington asked Finance Director John McKinney why she received a paper bill in the mail since she signed up for the e-mail bill. Mr. McKinney informed her he set it up so they would still get one paper bill. He spoke of promoting for tenants that the landlord gets the e-mail and the tenant gets the paper bill. Councilwoman Bennington asked how the people that sign up for the e- mail bill were going to get the newsletter. Mr. McKinney informed her he has asked IT Manager Tim Sopko to add to the DMS line the web address going right to the link for the newsletter. Councilman Kennedy asked if they could add the same link for the scholarship. Mr. McKinney informed him they redid the webpage and under Go Green there is a link for that form. He estimated he would be reordering new stock mid-summer. City Manager Barlow asked Mr. McKinney to introduce the two new Finance staff members. Mr. McKinney pointed out this was the first 6 Council Regular Meeting April 18, 2011 year in five years that they completed the audit on time. He then introduced Jennifer Hanson and Whitney Harding, the two new accountants. Councilwoman Bennington commented on the police being very involved in the Special Olympics as well as the Citizens Assisting Police. She further spoke on the Tip-a-Cop event that was held at ChickFilA. They collected over $1,100 from the people tipping them plus they also sold hats and t-shirts. All proceeds go to the Special Olympics. Councilwoman Bennington asked Police Chief Arcieri who received awards this year. Police Chief Arcieri identified Dan Blazi, Dave Soltz, Gary Conroy, Eric Selvaggio, Robert Hazelwood, and Joe Robinson, volunteer. Councilwoman Bennington commented on the dinner being very nice. Councilwoman Bennington made mention of changes in the Code Enforcement Department. They will be seeing Code Enforcement stepped up. They are on a crusade to clean up Edgewater. Councilman Ignasiak commented on attending the opening ceremony for Little League. He felt it was well organized. He was amazed at the number of sponsors. Councilman Ignasiak commented on attending the YMCA’s Board meeting. He made mention of the renewal of the contract being the main topic on the agenda. He asked City Manager Barlow if he had a status update because they didn’t at the meeting. City Manager Barlow informed him the City communicated their desires. The YMCA has communicated back their desires. It is sitting on his desk. That is the very next thing on his task. Mayor Thomas commented on attending the VCOG meeting last month with City Manager Barlow where they talked about the Regional Communication Agenda and Regional Water supply. Mayor Thomas also spoke of attending the Mayor’s luncheon last month. He then commented on going through the Indian River Elementary School Zone. He commented on what a great job CAPS volunteer David Soltz does. Mayor Thomas then commented on the Mayor’s Fitness Challenge and how he bought a bike and has been riding down the streets in Edgewater. 7.CONSENT AGENDA A.Addendum No. 2 – Engineering Contracts: Quentin L. Hampton Associates, Inc., B&H Consultants Inc., CPH Engineers Inc., and Tindale-Oliver & Associates Inc., renewing contracts by a 7 Council Regular Meeting April 18, 2011 one-year term from August 13, 2011 through and until August 13, 2012 B.Consideration of Work Order #2007-11, B&H Consultants Inc. for the US Highway 1 Sidewalk Project and authorization for the City Manager to execute all pertinent budget amendments C.Request to piggyback the City of Tampa’s bid for Pump Repairs with Florida Bearings, Inc. for the Wastewater Treatment Plant and approval of the associated budget amendment D.Approval of Addendum No. 1 to the Lawn Maintenance Agreement with Glencoe Lawns, Inc., extending the Agreement to April 19, 2012 Councilman Ignasiak moved to accept the Consent Agenda, second by Councilwoman Bennington . The MOTION CARRIED 5-0 . 8.PUBLIC HEARINGS, ORIDNANCES AND RESOLUTIONS nd A.2 Reading, Ordinance No. 2011-O-02 – Annexing 1.36+ acres of land located at 4497 S. US Highway 1 City Attorney Ansay read Ordinance 2011-O-02 into the record. City Manager Barlow made a staff presentation. Councilman Cooper moved to Due to there being no further comments, approve Ordinance 2011-O-02, second by Councilman Ignasiak . The MOTION CARRIED 5-0 . nd B.2 Reading, Ordinance No. 2010-O-23 – Amending the City’s Comprehensive Plan pursuant to the Evaluation and Appraisal Report (EAR) Based amendments City Attorney Ansay read Ordinance 2010-O-23 into the record. City Manager Barlow made a staff presentation. Councilman Ignasiak Due to there being no citizen or Council comment, moved to approve Ordinance 2010-O-23, second by Councilman Kennedy . The MOTION CARRIED 5-0 . st C.1 Reading, Ordinance No. 2011-O-05 – Amending and restating Article II (Definitions) and Article III (Permitted, 8 Council Regular Meeting April 18, 2011 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. Development Services Director Darren Lear and City Manager Barlow answered questions presented by Councilwoman Bennington. City Attorney Ansay, Police Chief Arcieri, Dan Blazi and City Manager Barlow answered questions presented by Councilman Cooper and Councilman Ignasiak. Due to there being no further comment, Mayor Thomas entertained a motion. Councilman Ignasiak moved to approve Ordinance 2011-O-05, second by Councilwoman Bennington . The MOTION CARRIED 5-0 . D.Resolution No. 2011-R-07 – Approving the Local Agency Program (LAP) Agreement, FPN #430183-1-38-01 between the City of Edgewater and the Florida Department of Transportation (FDOT) to facilitate the design of the U.S. 1 Sidewalk Project City Attorney Ansay read Resolution 2011-R-07 into the record. City Manager Barlow made a staff presentation. Due to there being no public comment, Mayor Thomas entertained a motion. Councilman Cooper moved to approve Resolution 2011-R-07, second by Councilman Ignasiak . The MOTION CARRIED 5-0 . E.Resolution No. 2011-R-08 – Adoption of the City of Edgewater Community Redevelopment Agency (CRA) Finding of Necessity City Attorney Ansay read Resolution 2011-R-08 into the record. City Manager Barlow made a staff presentation. He introduced Consultant Marty Black. Marty Black , Kimley-Horn & Associates, went through a Powerpoint presentation. 9 Council Regular Meeting April 18, 2011 Mr. Black and City Manager Barlow answered questions presented by Councilman Cooper. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilman Cooper moved to approve Resolution 2011-R-08, second by Councilwoman Bennington . The MOTION CARRIED 5-0 . F.Resolution No. 2011-R-09 – Supporting the East Central Florida Regional Rail Trail City Attorney Ansay read Resolution 2011-R-09 into the record. City Manager Barlow made a staff presentation. John Harper , Volusia County, made a presentation. Councilman Cooper presented comments regarding the trails and people using them. Mayor Thomas identified his concerns with regard to the State cutting jobs, laying people off, who will maintain the trail, how they are going to keep the four wheelers and dirt bikes off, predators and crime and spoke in opposition of spending $24 million on a bicycle trail. Mr. Harper agreed to disagree with Mayor Thomas. Mayor Thomas expressed further concern with the trail splitting people’s property in half on Cow Creek Road. There was a brief discussion regarding Volusia County maintaining the trail after it is built. The State owns the right-of-way and they have leased it to Volusia County, who will do the construction and the maintenance. There was a brief discussion regarding how the County was going to keep the four wheelers and dirt bikes off the trail. There was further discussion regarding the $24 million being only for Volusia County. Councilman Kennedy commented on Tallahassee having Rails to Trails and the people riding on these trails taking the sport very seriously. He felt it would be safe due to not being the type of person a predator would prey on. 10 Council Regular Meeting April 18, 2011 Mr. Harper referred to the Farmton project. City Manager Barlow pointed out the Comprehensive Plan for Restoration requires their trails to be connected to these trails. Mr. Harper commented on people that don’t like to ride on the roads also using the trails. Councilman Ignasiak asked if they had run into any resistance or hesitation from any of the titled land owners. Mr. Harper pointed out that once they are built the perception of the neighborhood changes dramatically. He then made mention of a statement released by the National Board of Realtors that trails don’t increase property values but they do not decrease it, however when it comes time to sell your property it makes it easier. City Manager Barlow spoke of a seminar he and Bob McIntosh attended in DeBary about a year ago. He further spoke of research he has done confirming people love the trails once they are built. Councilman Cooper pointed out a percentage of the money from the TPO goes to the Bicycle Pedestrian Advisory Committee and trails every year. This project will not raise your taxes and is coming out of money that is already allocated. He strongly recommended they approve this and be part of going forward. Mr. Harper further explained these funds are enhancement dollars, which are set aside for enhancements to non-motorized transportation facilities. If they don’t take it from the State and Federal government, Tampa or Orlando will snatch it up. The funds are going to go to this project somewhere and he feels we should get them. Councilman Cooper agreed. Mayor Thomas asked for public comment. The following citizens spoke: Pat Card , 3019 Willow Oak Drive, expressed concern with the security in this area and explained why he was beginning to change his mind. He has seen Rails to Trails transform the town of Hilyard, Ohio. Agnes Witter , 223 Flagler Avenue, agreed with Mayor Thomas. Mayor Thomas entertained a motion. Councilman Cooper moved to adopt Resolution 2011-R-09, second by Councilman Ignasiak . The MOTION CARRIED 4-1. Mayor Thomas voted NO . 11 Council Regular Meeting April 18, 2011 Mayor Thomas called a ten-minute recess at this time. The meeting recessed at 7:59 p.m. and reconvened at 8:10 p.m. 9.BOARD APPOINTMENTS A.Economic Development Board – Councilman Kennedy’s appointment due to the resignation of Bob Williams, whose term expires on March 20, 2012 This item was discussed earlier on the agenda. B.Police Officers’ Pension Board of Trustees – Councilman Kennedy’s appointment due to the expired term of Ferd Heeb, whose term expires on May 21, 2011 and is seeking reappointment This item was discussed earlier on the agenda. C.Citizen Code Enforcement Board – Councilman Kennedy’s appointment due to the expired term of Gail Anderson, whose term expired on March 17, 2011 and is seeking reappointment This item was discussed earlier on the agenda. D.Citizen Code Enforcement Board – Councilwoman Bennington’s appointment due to the expired term of Glenn Barnhill, whose term expires on April 21, 2011 and is seeking reappointment This item was discussed earlier on the agenda. E.Construction Board of Adjustments & Appeals – Mayor Thomas’ appointment due to the resignation of Trey Harshaw (Property or Casual Agent), whose term expires on December 13, 2012 This item was discussed earlier on the agenda. F.Construction Board of Adjustments & Appeals – Councilman Kennedy’s appointment due to the resignation of Matt Ratra (Citizen at Large), whose term expires on December 13, 2011 This item was discussed earlier on the agenda. Mayor Thomas recognized County Councilwoman Joie Alexander who was in the audience. 10.OTHER BUSINESS A.Authorization for the City Manager to execute the Volusia County Emergency Medical Services Contingency Transport Application 12 Council Regular Meeting April 18, 2011 City Manager Barlow made a staff presentation. City Manager Barlow answered questions Councilwoman Bennington had. Mayor Thomas asked for public comment. The following citizen spoke: John Zino , 718 Navigators Way, needed to better understand the modifications that were made for the application. He asked if the exclusive carrier for transport was Volusia County. City Manager Barlow informed him that was correct and by State Statute they are the licensing agent. They essentially have control over who can transport or provide advanced life support services. There was further discussion regarding the decision being made onsite if a patient is critical or unstable and fits within the category that needs immediate transport and then they factor in how close the ambulance is. If the ambulance is greater than ten minutes out our crews will be able to load up the patient and transport the emergency to the closest or most appropriate facility. Mayor Thomas entertained a motion. Councilwoman Bennington made a motion to authorize the City Manager to execute the Volusia County Emergency Medical Services Contingency Transport Agreement application, second by Councilman Kennedy . The MOTION CARRIED 5-0 . B.City Staff requesting approval for the use of banner signs to advertise the Edgewater Farmers Market, along fences of the baseball and soccer fields for sponsorship and any upcoming events for the amphitheater City Manager Barlow made a staff presentation. He commented on City staff considering further amendments to this section of the Code. He identified there was a business owner present who wanted to talk. City Manager Barlow answered questions and addressed concerns identified by Councilwoman Bennington. She had no problem with putting a banner sign on City property on Saturday for the Farmers Market but she did have a problem with vendors putting their own signs out on U.S. #1. Councilman Ignasiak commented on advertising being one of the main issues that a lot of the small business owners have problems with. He spoke of the sandwich signs people put out in New Smyrna on Canal Street. He felt they should look at the ordinances and the way they 13 Council Regular Meeting April 18, 2011 are doing business and try to make some accommodations to help the business. City Manager Barlow identified what the Code currently allows for grand openings. Councilman Kennedy identified the Farmers Market as more of what he would consider a community event, which he felt should have exceptions to the everyday Codes. Councilman Cooper questioned looking at it as a special exception and coming up with criteria. Councilwoman Bennington objected to the vendors putting signs all up and down U.S. #1. Councilman Kennedy suggested granting the exception to the market as a whole and have people bring them examples of the various advertising things they put out and identify what they like and don’t like. City Manager Barlow identified they wanted to go back and do some more work. He and Mr. Lear were currently in the draft stage and would hopefully have the U.S. #1 overlay design standards next month. City Manager Barlow informed Council all he needed tonight was authority from Council saying it was okay to do signs for the Farmers Market, Amphitheater and Baseball field. Councilwoman Bennington moved to grant exception for banner signs for the Edgewater Farmers Market along fences of the baseball and soccer fields for sponsorships and any upcoming events for the amphitheater . City Manager Barlow reminded Mayor Thomas there was a business gentleman in the audience that came for this item on the agenda tonight. The following citizen spoke: Robert Freeburn , 3003 Silver Palm Drive, personally had no problem with banner signs. He didn’t know that allowing this exception was good for business owners. He spoke of local business owners that have had to take their signs down in the last week or two and they aren’t happy. He questioned what makes the Farmers Market a special event? He was informed it was a one day a week event. Mr. Freeburn then questioned when it doesn’t become a special event. He wanted to be able to advertise as a business owner and he was for a change in the Code of some sort that works for all of them. He didn’t think it would look good to have the City put a sign up on their property when the guy across the street just had his banner sign pulled off of the fence. 14 Council Regular Meeting April 18, 2011 There was then a discussion regarding being able to apply for a special event permit and there being a cost associated with obtaining the permit and the City not having to pay for the permit due to being the one’s sponsoring the Farmers Market. City Manager Barlow stated provided this passed they would go forward. NoraJane Gillespie, , 3588 Omni Circle identified she was a vendor at the Farmers Market. She spoke of this originating under Mayor Hayman and she felt it needed work desperately. She felt a Farmers Market was an economical development driver. John Zino , 718 Navigators Way, felt whatever action was taken needed to be consistent for all people in the City with regard to business. To make exception is to make a mistake. He felt the motion on the floor should be killed. He thinks that if it is an economic driver it should be an economic driver for everyone. A City entity should respect the same laws it expects people to respect. If exceptions can be made through application, that is their vehicle. Councilman Kennedy explained they were requesting approval for use of the signs at the field. The baseball field merchants are the ones that would be buying and sponsoring. He spoke of the City not being a business entity. City Manager Barlow agreed to go back and revamp and look at the whole sign ordinance as well as consider the comments that were made tonight. Councilwoman Bennington pointed out unless they allow this tonight, all of the signs at the baseball field would need to be taken down. City Attorney Ansay commented on the way the Land Development Code is written now with regard to banner signs and Council being able to approve the particular banner signs described in the agenda item. She further commented on having to go through the process in order to amend the Land Development Code. Staff recognizes there are changes that need to be made. In the interim this allows for the Farmers Market and the advertisements for the events at the amphitheater to continue. Councilman Kennedy expressed concern with only being able to advertise at the baseball fields, soccer fields and amphitheater if you sponsor a team or event, which is the way it is now. Agnes Witter , 223 Flagler Avenue, asked if this pertained just to the fences at the baseball and soccer fields and questioned if that was how the little league raises funds. She was informed by Councilwoman Bennington that it did just pertain to the fences at the baseball and 15 Council Regular Meeting April 18, 2011 soccer fields. Councilman Cooper informed her that little league sells the signs to raise money for the league. Councilman Ignasiak seconded the motion . The MOTION CARRIED 4-1. Mayor Thomas voted NO . C.Request to Purchase a Kenworth T370 Garbage Truck from Kenworth of Central Florida in the amount of $134,047.00 and approval of the associated budget amendment City Manager Barlow made a staff presentation and answered questions presented by Councilman Cooper. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilwoman Bennington moved to approve the purchase of a Kenworth T370 Garbage Truck from Kenworth of Central Florida in the amount of $134.047.00, piggybacking the Florida Sheriffs Bid 10-18-0907 and approving the required budget amendment, second by Councilman Kennedy . The MOTION CARRIED 5-0 . D.Request to Purchase a Kenworth T370 Grapple Truck from Kenworth of Central Florida in the amount of $138,945.00 and approval of the associated budget amendment City Manager Barlow made a staff presentation and answered questions presented by Councilwoman Bennington. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilman Cooper moved to approve the purchase of a Kenworth T370 Grapple Truck from Kenworth of Central Florida in the amount of $138,945.00, piggybacking the Florida Sheriffs Bid 10-18-0907 and approving the required budget amendment, second by Councilman Ignasiak . The MOTION CARRIED 5-0 . E.Request for approval of Final Change Order #2 with McMahan Construction Company, Inc. for the construction of four water supply wells and authorize the City Manager and Mayor to execute the document and approval of the associated budget amendment City Manager Barlow made a staff presentation. 16 Council Regular Meeting April 18, 2011 Due to there being no Council or public comment, Mayor Thomas entertained a motion. Councilwoman Bennington moved to approve Change Order #2 Final with McMahan Construction Company, Inc. for the construction of four water supply wells and authorize the City Manager and Mayor to execute the document and approval for the budget amendment, second by Councilman Cooper . The MOTION CARRIED 5-0 . F.Ratification of the Edgewater Professional Firefighters International Association of Firefighters (IAFF) Union Agreement City Manager Barlow made a staff presentation. He informed Council Dennis Meeske, President, was in the audience if they had any questions. Due to there being no Council or public comment, Mayor Thomas entertained a motion. Councilwoman Bennington made a motion to approve the October 1, 2008 – September 30, 2011 Edgewater Professional Firefighters IAFF Agreement for the fiscal year 2010-11, second by Councilman Ignasiak . The MOTION CARRIED 5-0 . 11.OFFICER REPORTS A.City Clerk City Clerk Wenzel had nothing at this time. B.City Attorney 1.Mediation Settlement Agreement – Kimberlee Sherrod as mother and natural guardian of Nicholas Erwin v. City – Case #2009- 21148-CINS City Attorney Ansay provided an update on the Mediation Settlement Agreement for the Kimberlee Sherrod case, which settled for $3,900. She expressed she needed formal approval from Council. Mayor Thomas entertained a motion. Councilman Cooper made a motion to approve the Mediation Settlement Agreement, Case #2009-21148-CINS, second by Councilwoman Bennington . The MOTION CARRIED 4-1. Councilman Kennedy voted NO . 17 Council Regular Meeting April 18, 2011 2.Status of Mediation Settlement Agreement – Julie King v. City – Case #2010-20728-CINS City Attorney Ansay provided an update on the Mediation Settlement Agreement for the Julie King case. The case did not settle with the City but did settle with the other named defendant, the property owner adjacent to the sidewalk, for an undisclosed sum. Subsequent to the mediation they were served a proposal of settlement in the amount of $9,500. They have 30 days to reject it. Unless Council decided to change its direction they would reject that and continue to move forward. The insurance carrier hasn’t told them that they want to accept that so nothing has really changed and they are willing to keep going forward. City Attorney Ansay presented an update on Restoration. The time period for the objector to appeal has expired and they have not appealed. The only remaining legal proceeding in the Restoration Comprehensive Plan Amendment process is the case that relates to the VGMC review. C.City Manager City Manager Barlow stated he summonsed an evaluation of all of the pension plans. The intention was not to put the spotlight on any individual. Gary Conroy has been a great City employee and was recently recognized as well for the services he has given to the community. The purpose of the evaluation for all the pension boards was to identify material weaknesses as it relates policies, education, and expenditures and to identify where some of those expenditures are and look for some efficiencies as well as transparencies. He commended all of the individuals that serve on the Pension Boards. He would continue to work to address the findings in the report for the benefit of the entire community. City Manager Barlow then reported on Development Services Director Lear requesting the TPO retain the U.S. #1 sidewalk projects on the XU bicycle pedestrian priority project list. He has also completed an application for a feasibility study for intersection improvements at Park Avenue and Old Mission Road and an application for a feasibility study for sidewalks on SR 442 from Air Park Road out to I-95. City Manager Barlow then commented on working with Volusia County as a partnership to submit an application for a feasibility study grant for the widening of Park Avenue to improve the truck route as they continue to promote ParkTowne Industrial Center. City Manager Barlow reminded Council of the Business Expo which was th scheduled for May 7 from 10 a.m. to 4 p.m. They had already 18 Council Regular Meeting April 18, 2011 surpassed the number of vendors they had scheduled last year. He felt it would be a much bigger event this year. 12.CITIZEN COMMENTS The following citizen spoke: Bob Overton , 631 Starboard Avenue, wanted the City to consider the possibility of developing a dog park in Edgewater. He felt this would be something that would get a lot of use. He has seen several dog parks in the State. There is a cost but it is a great benefit for those who do not have a place where their pets can run free. Councilwoman Bennington identified that she, Leisure Services Director Jack Corder and City Manager Barlow have been working on it for over a year. Mr. Overton was glad to hear it was in the works. Councilman Cooper identified he needed a consensus vote, up or down, from the Council to send a message to the Governing Board and the Executive Board of the RCC to begin an interlocal agreement conversation with the County. City Manager Barlow presented an update from a meeting he had this afternoon in Deland. He identified the County Council had given additional direction to the County Manager that they are very interested in consolidating dispatch countywide and they are going to fund the core services out of the County General Fund. He spoke of what they were going to provide and pay for. They are going to charge all County residents whether the cities want to come on board or not. He further commented on if the cities come onboard, they have identified what they will and will not pay for. If Councilman Cooper receives consensus from the Council to represent the Council as a whole on the RCC Governance Board as he represents Edgewater and they give him direction to talk about and articulate some kind of interlocal agreement. He commented on the conference call City Attorney Ansay was going to be having tomorrow with the New Smyrna Beach and Port Orange attorneys to start talking about some of the opportunities and the pros and cons associated with it. He further identified Plan A, Plan B and Plan C. Councilman Cooper commented on this being our only shot of trying to have anything to say on how this would come to fruition. He st identified the takeover on October 1 by the County when they pull the hub. City Manager Barlow explained they have made it pretty clear st that come October 1 there will be only one primary answering point which will be the Sheriff’s Department. He assumed the attorneys would talk about whether this is legal and if they can do that. 19 Council Regular Meeting April 18, 2011 Councilwoman Bennington asked if they say they agree they should start negotiating, there are three cities. If one of them starts folding, then they are up a creek. If they don’t stick together, they have no hope at all. Councilman Cooper identified that the Executive Committee and Governing Committee for the RCC had the same concerns. Councilwoman Bennington questioned when New Smyrna and Port Orange met. City Manager Barlow identified Councilman Cooper needed Council’s feeling on this so he had some direction that he would be fairly representing the whole Council. He felt the County Council has boxed everyone in with the direction they have gone about this. Mayor Thomas asked if they could file a lawsuit. Councilman Cooper commented on trying to stay away from a lawsuit but keep the negotiations on the table. Mayor Thomas stated he was happy with what they have and didn’t like what the County was doing a bit. Councilwoman Bennington didn’t either. Councilman Cooper stated if the County takes over and does it the way they have been mandating it, the cities won’t have any say in it and they will run it the way they want to run it. Councilwoman Bennington pointed out the County Manager had blatantly said the next step is the fire and then what is coming next is the police and they are going to be stuck and can’t do anything about it. She is totally 100% against any of this right now with regard to what the County is doing and how they are doing it. They are forcing them and filling the public with misinformation. City Manager Barlow identified getting information being a challenge. Councilwoman Bennington asked if it was in their best interest to say they want to be able to negotiate as much as they can or should they stand firm. City Attorney Ansay felt it was premature to get to the level of decision making. She hadn’t had much involvement at all. There are a lot of issues. The theory of strength in numbers is a very valid theory and they needed to explore what they could do. They had to realize what was in their best interest. Councilwoman Bennington felt the service was most important. The money comes second. The power is not that important. City Attorney Ansay explained often times the power will control the service. Councilwoman Bennington expressed concern with the service dropping dramatically. 20 Council Regular Meeting April 18, 2011 Councilman Cooper explained all they were trying to do at this point was let them understand they are united to the point where they want to sit down and discuss this to get the best system possible. If they can do it for like money then that is a bonus to the taxpayers. Everything should be transparent. Councilman Kennedy questioned the County making their number leaving Edgewater out. Councilman Cooper identified they had a $27 million building to pay for that won't be done for 18 months. He further commented on there being so many issues. They are trying to keep the door open before they slam it on them. It was the consensus of Council to continue to talk to the County about an interlcoal agreement with our RCC. 13. ADJOURNMENT There being no further business to discuss, Councilman Ignasiak moved to adjourn. The meeting adjourned at 9:14 p.m. Minutes submitted by: Lisa Bloomer, CMC Attest: APPROVED: City of Edgewater, Florida d Bonnie Wenzel, City Clerk Mich -el L. Thomas, Mayor 21 Council Regular Meeting April 18, 2011 City of Edgewater Councilman Cooper's Report 4/18/2011 City Clerk Bonnie Wenzel and I went to Tallahassee this past month for the Volusia Day, League of City's annual trip to speak with our representatives. The speakers included names many of you will recognize, Evelyn Lynn briefly spoke on the issue of NOT, reducing taxes. Senator John Thrasher said many big things are coming to Florida and they are working hard at passing a balanced budget. Tort Reform, No New Taxes, and staying within the budget. He is supportive of Governor Scott's project to bring 700,000 new jobs to Florida. Fred Costello the ex -mayor of Ormond Beach and newly elected representative from Dist. #26 mentioned how different it now is in Tallahassee and not sitting in the audience with us, like he was in so many years past. Many spoke, too numerous to mention them all but the most impressive was the Senate President, Mike Haridopolos. He spoke firmly on the problem we face with a $4.7 billion dollar deficit the state faces, cutting taxes, and holding the line on spending. He also mentioned how many governmental groups will experience cuts in their budgets that cannot be helped. He was questioned extensively by School Board Members on their cuts of 7 %. Times are different now and we all must realize cuts must happen to get the spending under control, and that the school board was very recently awarded increases in excess of 20% for multiple years, 05 and 06, the economy is different now and failing to acknowledge that is just bad government and mis- representation by the senate if they were to ignore the situation. I personally asked each and every speaker questions that pertained to those of us living in Volusia County. Many fell unanswered but the political babble was at it's best. There was one issue I raised that came before this council a few months back. It was the refund status for those citizens that installed Solar Panels on their home. Funds were re- opened and payments have started again, the maximum amount is $20,000 or so much per Kilowatts produced, with a 30% Tax reduction. For details you should contact Dist. #20 Senator Allen Hayes whom has taken a personal interest in this matter, supporting the taxpayers, that purchased solar panels for their homes. The problem of bargaining rights and pension contributions rage on but all believed it will be addressed in this session. Over 1950 bills were filed and have to be dealt with in 9 weeks. With the election of the new Governor all of Tallahassee is fired up and knows the success of the state's financial woes is at stake. The Theme we brought with us from Volusia is JOBS, we need jobs. It has been our theme for two years now, I hope they get the message. For an update on the RCC or 911 calling issue placed before us a meeting was held in which County Manager Deneen and Sheriff Johnson offered a presentation to the RCC Governing Board. The board's response was to move forward with discussions about consolidating the services. One of the biggest issues in which everyone seems to agree was timing, the lack of it, and proper understanding of the services provided by the county. Services are a direct reflection of the cost to the cities. Since that meeting I requested the county council entertain the idea of a Transition Committee. I submitted a copy to Chairman Bruno for consideration. A copy of this is attached to my report for all to read should you deem necessary. Also to begin consideration I requested a meeting with the RCC /911 attorney to discuss outstanding legal issues many of us are not aware of. Mr. Barlow sat in on this meeting with us and we feel that the next step needs to come from each cities council. We are asking here tonight a consensus vote from council to begin negotiations with the county for an Interlocal Agreement with the county. All sides need to operate in good faith to see this project is the best for all the citizens concerned. Carolyn Ansay our attorney may have more to input on this either later or prior to a vote. We hope to have the consensus of each council, NSB, Edgewater, and Port Orange, to bring support to the two committees working this problem the Executive Committee and the Governing Board to petition the county. Time is of the essence due to the order by county to cancel our 911 receiving hub on Oct. 1St Last but not least I want to thank the Police Department for inviting me to their annual awards benefit and if he will acting chief Dave Arcieri to mention the main award winners. Also many of us attended the ground breaking ceremony for the new Fire Station. That is my report. Respectfully Submitted By Ted Cooper Councilman Dist. 4 Frank Bruno, County Chair I am submitting to you a suggestion I would greatly appreciate you consider in the matter of formulating a Transition Committee to merge the present 911 calling systems throughout the county. I submit this suggestion as strictly a private citizen, not as an offi- cial, or standing member of the Executive Committee of the RCC. First you are being asked to consider removing any date demands for take over/ merging of the 911 calling system. It is an impossible request and even more impossible to implement, due to contractual obligations by all of the cities, labor concerns, legal im- plications, and cost that could weigh heavy on all of the cities in consideration. While your council is being asked to consider a transition committee for implemen- tation of such a merger, I'd like to suggest the following format. The guide lines of such a committee should have the direction of the County Coun- cil to work as an advisory board with it's sole intent to bring the merger forward with proper recommendation for county council approval. This committee will work diligently to perform such a task. We believe all issues can be answered and addressed in this man- ner. The issues brought to this committee should be totally inclusive and no matter should be off the table for consideration. I believe the development of such a committee is in the best interest to do the right thing for all concerned. The goal is to develop the best 911 calling system for Volusia County and it's citizens. I also believe this can best be done by the proper selection of committee members in the following manner. No other committee should have a say in this transitioning of the 911 calling sys- tem. All recommendations are voted on by the County Council, which will have final re- sponsibilities for implementation. A member from the RCC 911 Executive Committee and a County Council member should co -chair such a committee. The technical aspect should be made up of Dave Budd and Sheriff Johnson or his director of the county's 911 director. This gives the committee the best technical advisors to the committee, there are no 2 better. Each remaining member on the committee should be recommended by each mem- ber of the county council so all cities are represented in this quest. (Excluding the district which will be represented by the Co- Chair. Once the Transition Committee is consummated each member is assigned to com- pile a list of concerns and issues for the committee to consider. Consideration will com- mence immediately with Weekly meetings if demanded. The intent is to move the entire matter forward as quickly as possible and yet with an expertise that addresses every con- sideration and concern. In this manner the County and the Exec. Committee of the RCC, can have the confidence to complete a merger for the betterment of our County and all of it's citizens. I implore you and the council to consider this suggestion as a working understand- ing that all parties can operate under in good faith and the moral obligation we have to providing the best service possible. This suggestion also removes any politics from inter- fering with the overall goal. Respectfully Submitted; Ted Cooper