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06-20-2011 - RegularCITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 20, 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.Regular Meeting of April 18, 2011 Councilman Cooper moved to approve the April 18, 2011 minutes, second by Councilman Ignasiak . The MOTION CARRIED 5-0. 3.PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS th A.Fire Chief Cousins to present an update on the 4 of July festivities th Fire Chief Cousins presented an update on the 4 of July festivities. Councilwoman Bennington asked if there was any chance it would be cancelled because of the fire problem. Fire Chief Cousins informed her it didn’t appear that way right now. He spoke of there being a burn ban in the unincorporated Volusia County areas and those cities that Volusia County Fire Service has. 1 Council Regular Meeting June 20, 2011 4.CITIZEN COMMENTS There were no Citizen Comments at this time. 5.APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA Mayor Thomas stated they have been asked to move Item 8G, Resolution 2011-R-13 to after Item 10B. 6.CITY COUNCIL REPORTS Councilman Kennedy had nothing at this time. Councilwoman Bennington spoke of the pension boards meeting last Monday. It really looks like they are in the final phases of negotiating with Principal to cut that cord. They should have something by August. Councilman Ignasiak reported on attending the YMCA Board of Directors meeting. They are happy with the new contract they were negotiating with the City. He asked if the contract had been completed. City Manager Barlow informed him they had final word and should have it on th the agenda for the July 18 meeting. Councilman Ignasiak then reported on the Chamber business meeting he attended that was held at the Brannon Center two weeks ago. Councilman Cooper commented on attending the VCOG Awards Banquet. Councilman Cooper then commented on the Memorial Services that were sponsored by American Legion Post #285 where they had the best attendance ever. Councilman Cooper then reported on the Transportation Planning Organization with regard to their budget and funding which would go th for first reading on June 28. Mayor Thomas commented on the signs at the north and south entrance to the City that were mentioned at the last meeting. He would like to see a sign with the City Seal that said “Welcome to Edgewater”. Councilman Ignasiak asked if DOT was still planning on doing a massive redo of that entire intersection. City Manager Barlow informed him it was Volusia County, who is allowing the City to have a section of the old Winn Dixie property where they could put a monument sign. He further spoke of working with them on some designs. He informed Mayor Thomas it was in the works. 7.CONSENT AGENDA 2 Council Regular Meeting June 20, 2011 A.Amendment No. 2 to DEP Agreement No. G0215 for the Eastern Shores Stormwater Improvement Project B.Request to purchase a Refuse Trailer from Warren Equipment, Inc., in the amount of $64,600 C.Award of contract for Utility Rate Study and Impact Fee Study Councilman Cooper requested Item C be pulled. Councilwoman Bennington moved to approve Items A & B of the Consent Agenda, second by Councilman Cooper . The MOTION CARRIED 5-0 . Councilman Cooper commented on when they are looking at the survey for cost increases and the 6% that was added onto the water in last year’s budget for a certain number of years rather than do the survey that the people doing the survey are aware of the increase that had already been passed. Councilman Cooper then questioned the availability fee being covered under G under the Scope of Professional Services. City Manager Barlow confirmed it was. Councilman Cooper moved to approve Item C of the Consent Agenda, second by Councilwoman Bennington . The MOTION CARRIED 5-0 . 8.PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS nd A.2 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. Councilman Cooper referred to VI8-8, O & P and the terminology non- conforming. He asked if that meant any signs that were up there right now were non-conforming to the change in the ordinance. City Attorney Ansay confirmed that was right. Councilman Cooper then asked City Attorney Ansay exactly what she meant by non-conforming, which she described for him. This does not impose monetary sanctions on any existing signs in the City to the degree they comply with that section of the Land Development Code. 3 Council Regular Meeting June 20, 2011 Due to there being no further Council comment or any public comment, Mayor Thomas closed the public hearing and entertained a motion. Councilman Ignasiak made a motion to approve Ordinance 2011-O-07, second by Councilman Kennedy . The MOTION CARRIED 5-0 . nd B.2 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. City Manager Barlow made a staff presentation by identifying minor changes that were made since the first reading. Due to there being no Council or public comment, Mayor Thomas closed the public hearing and entertained a motion. Councilman Cooper moved to approve Ordinance 2011-O-06, second by Councilman Ignasiak . The MOTION CARRIED 5-0 . st C.1 Reading, Ordinance No. 2011-O-08 – An amendment to Article IV (Peddlers, Solicitors, Canvassers) of Chapter 11 of the Code of Ordinances) City Attorney Ansay read Ordinance 2011-O-08 into the record. City Manager Barlow made a staff presentation by identifying minor amendments to the existing ordinance. Councilman Cooper suggested due to concerns he received regarding individuals from AT&T that were going door to door that they include some form of identifier on the individuals. City Clerk Wenzel identified this being one reason they require fingerprints and photos of the individuals receiving the solicitor permits. They should have the permit that is issued by the City, which includes their photo, on their person at all times when they are going door to door. Councilman Cooper stated when he asked for the permit they didn’t have it on their person but that he could check with City Hall. City Clerk Wenzel informed him each individual should have a separate permit. Off the top of her head she didn’t believe the individuals with AT&T were registered with the City. Councilman Cooper mentioned the individuals not having presentation material from the manufacturer. City Attorney Ansay commented on getting into issues when some groups may not have the ability to have 4 Council Regular Meeting June 20, 2011 presentation materials. City Clerk Wenzel commented on encouraging people to contact the Police Department when someone doesn’t have a permit and the $300 citation that can be issued to someone that is soliciting without a permit. City Manager Barlow commented on being pretty restrictive for the protection of the citizens. Mayor Thomas asked for public comment. The following citizens spoke: Dominic Capria , 606 Topside Circle, stated some developments in the City have no solicitation at all. As long as you get a permit is that legal in Edgewater. City Clerk Wenzel explained the Code specifically states if there is a sign stating no solicitation the solicitor’s are in violation of the Code by going into the development or knocking on the door. Charles Kenney , 2125 Kumquat Drive, asked if that would be a non- emergency phone call or a 911 to the City for a solicitor with incorrect information. Mayor Thomas informed him non-emergency. Patrick Hole , 2214 Juniper Drive, stated they have called on the AT&T people and were told that they were not authentic. He asked if there was supposed to be somebody that responds to do a citation. Mayor Thomas informed him they would need the suspect vehicle, possible tag number, the address of the suspect and where they were last seen. An officer would respond. Police Chief Arcieri confirmed if they call the non-emergency number they would dispatch an officer and if they locate the individual and they do not have a permit they will be given a citation. The more information they can get the better. Due to there being no further comments, Mayor Thomas closed the public hearing and entertained a motion. Councilman Cooper moved to approve Ordinance 2011-O-08, second by Councilman Ignasiak . The MOTION CARRIED 5-0 . st D.1 Reading, Ordinance No. 2011-O-09 – Extending the moratorium as to the filing and/or receiving of any application or petition for the establishment of “Pain Clinics” for a period of 180 days City Attorney Ansay read Ordinance 2011-O-09 into the record. City Manager Barlow made a staff presentation. 5 Council Regular Meeting June 20, 2011 City Manager Barlow then answered questions and addressed concerns presented by Councilwoman Bennington, Councilman Cooper and Councilman Kennedy. Due to there being no further Council comment or any public comment, Mayor Thomas closed the public hearing and entertained a motion. Councilwoman Bennington moved to approve Ordinance 2011-O-09, second by Councilman Kennedy . The MOTION CARRIED 5-0 . st E.1 Reading, Ordinance No. 2011-O-10 – Redistricting the City of Edgewater for the purpose of electing City Council members City Attorney Ansay read Ordinance 2011-O-10 into the record. City Manager Barlow and City Clerk Wenzel made a staff presentation. City Clerk Wenzel and City Attorney Ansay answered questions presented by Mayor Thomas and Councilman Cooper with regard to the redistricting being done based on Census numbers and being done every ten years. There was further discussion regarding being prepared for a voting precinct if Restoration were to bring an additional 8,000 residents to the City, which is actually handled by the Volusia County Supervisor of Elections. There was a brief discussion regarding the daunting task of coming up with the numbers for each district so they are as nearly equal in population as possible. Councilwoman Bennington commented on it being important that each district had representation on Riverside Drive and the river. Due to there being no further Council comment or any public comment, Mayor Thomas closed the public hearing and entertained a motion. Councilman Cooper moved to approve Ordinance 2011-O-10 Proposal A, second by Councilwoman Bennington . The MOTION CARRIED 5-0 . F.Resolution No. 2011-R-12 – Repealing/restating the Bylaws for the Construction Board of Adjustment and Appeals (formerly known as the Construction Regulation Board) City Attorney Ansay read Resolution 2011-R-12 into the record. City Manager Barlow and City Clerk Wenzel made a staff presentation. 6 Council Regular Meeting June 20, 2011 City Manager Barlow answered questions presented by Councilwoman Bennington with regard to derelict pools. City Clerk Wenzel answered questions presented by Councilman Cooper regarding Article V, VI and VII that were removed. She informed him these articles were identified in the Code of Ordinances. Due to there being no further Council comment or any public comment, Mayor Thomas closed the public hearing and entertained a motion. Councilwoman Bennington moved to adopt Resolution 2011-R-12, second by Councilman Ignasiak . The MOTION CARRIED 5-0 . G.Resolution No. 2011-R-13 – Requesting Volusia County to approve the City of Edgewater’s Certificate of Public Convenience and Necessity (COPCN) Advanced Life Support (ALS) City Manager will be ambulance transport application. ( requesting this item be moved to after Item 10b ) This item was moved to after Item 10B. 9.BOARD APPOINTMENTS A.Volusia Growth Management Commission – Mayor Thomas’ appointment due to the expiration of Jason Floyd’s term on June 30, 2011, who is seeking reappointment Mayor Thomas nominated Jason Floyd to be reappointed. Councilwoman Bennington made a motion to accept Mayor Thomas’ reappointment of Jason Floyd to the Volusia Growth Management Commission, second by Councilman Cooper . The MOTION CARRIED 5-0 . 10.OTHER BUSINESS A.Request for approval of a Cooperation Agreement for joint purchase of generators for a Consolidated Broadcasting System between the cities of New Smyrna Beach, Port Orange, Edgewater and WSBB Radio Station City Manager Barlow made a staff presentation. Councilman Ignasiak questioned if this was an independent broadcasting system and not a government entity. City Manage Barlow confirmed it was independent. 7 Council Regular Meeting June 20, 2011 Councilman Cooper felt this was a good thing but suggested using an outside service contractor to maintain the generators and verify their certification biannually, which wasn’t in the contract. He suggested they apply that so they can protect their investment. City Manager Barlow agreed to make that amendment. Councilwoman Bennington questioned this being a budgeted item. City Manager Barlow informed her he had to make appropriate budget amendments to cover that. Councilman Kennedy felt it sounded like a good idea but he was wondering if it was an overlap of what was already available out there. He commented on news stations that are available on the Internet and information you can receive on a smart phone. City Manager Barlow addressed Councilman Kennedy’s concerns by identifying this would be specific to Southeast Volusia and further commented on the types of information that would be broadcast. Mayor Thomas agreed it was a good idea. He asked about the tower and how they know his tower isn’t going to go out and having to have a tower in order to do the broadcast. City Manager Barlow explained he had some portable equipment but his main tower has been there since at least 1976. Mayor Thomas then questioned if they would have a law enforcement and fire official go there to relay information from each city. City Manager Barlow commented on the New Smyrna Beach Emergency Operations Center which had a central location at SR44 and I-95 which is jointly cooperatively staffed and he could broadcast straight from there. There was a brief discussion regarding one fixed generator powering the tower that transmits in Southeast Volusia and connects to the Internet. Councilwoman Bennington expressed concern with Oak Hill benefitting but not contributing to the cost the other cities will be paying. She asked if they had been approached. City Manager Barlow did not believe they had been approached but in the past they haven’t had the resources to even help them put together and EOC and manage. Councilwoman Bennington felt they could have been approached. City Manager Barlow agreed to approach them. Councilwoman Bennington felt even if they couldn’t afford the whole amount anything would lessen the cost to the other cities. Councilman Kennedy commented on personally he would take responsibility for himself and his family and figure out how to get the information whether this exists or not. Mayor Thomas expressed concern for the older citizens. 8 Council Regular Meeting June 20, 2011 Councilman Ignasiak commented on the 2004 hurricanes. When they were over the only people representing government out on the street were police officers and firefighters and people were going to them to get information. As long as people knew what was going on they were happy. He felt back then it would have been great to have something specifically designated for them. He spoke of providing a margin of public safety that isn’t open to the bigger stations. Mayor Thomas felt it would be a calming factor to the people to reassure them. Councilman Kennedy mentioned not having the money to pay the police overtime because they spent it on the radio. He felt it seemed like a big overlap. It’s not a bad idea and was certainly something he felt would be utilized. City Manager Barlow commented on other smaller, isolated events that have occurred in the City. Councilman Cooper further commented on getting the information out to the public and protecting their investment. Councilman Kennedy then expressed concern with salt water corrosion due to the proximity of WSBB to the river. He felt the generator would be a rust bucket in a few years. Mayor Thomas wanted an EOC but the last time he had conversation with Mr. Mears they were going to have a community center that they would be able to use as an EOC. He asked if that was still in effect if Restoration goes. City Manager Barlow commented on Mr. Mears being required to provide public facilities and one of them is a fire station. They were hoping to do more of a community center EOC but that wasn’t a guarantee. Councilman Kennedy commented on the fleet of generators he noticed at the City picnic that the City owns. He suggested they get his station wired and in the chance that he needs it they could trailer the generators. City Manager Barlow informed him they didn’t even have enough to run the lift stations so he couldn’t commit those to any fixed location. Councilwoman Bennington felt if this helped one person in an emergency it would be worth spending the $4,000. Mayor Thomas asked for public comment. The following citizens spoke: NoraJane Gillespie , 3588 Omni Circle, presented a history of hurricanes and fires in our area. She has 11 friends who don’t own a 9 Council Regular Meeting June 20, 2011 computer and listen to the radio. She asked the City to give them the radio they need to comfort them. It will save the police and fire a lot of calls. Patrick Hole , 2214 Juniper Drive, asked how many people listen to the radio station now. City Manager Barlow informed him it had a large following that was still growing. Mr. Hole asked if it would be a station that citizens could call for updates if there are major things going on. City Manager Barlow informed him the station would broadcast the phone number to call to get that information. Mr. Hole then asked if the information would be put in the newsletter or how the information would get out to the public. City Manager Barlow informed him they would market the phone number on the website as well as in the City newsletter. Due to there being no further comments, Mayor Thomas entertained a motion. Councilman Cooper made a motion to approve entering into the Cooperation Agreement for Consolidated Broadcasting System with the City of New Smyrna Beach, Port Orange, Edgewater and WSBB with the amended verbiage that they make sure they have a maintenance agreement and certification agreement on the generator and authorize the Mayor or City Manager to execute said agreement and make appropriate budget amendments, second by Councilwoman Bennington . The MOTION CARRIED 5-0 . Mayor Thomas called a ten-minute recess at this time. The meeting recessed at 7:04 p.m. and reconvened at 7:15 p.m. B.Council Consideration of Certificate of Public Convenience and Necessity (COPCN) for Advanced Life Support (ALS) ambulance transport application City Manager Barlow made a staff presentation. He provided Council with an update of where they are currently with regard to an incident in the City where a patient needed transport. The closest responding ambulance was coming out of South Daytona. Subsequently, Fire Chief Cousins transported the patient. A week or so later, they hear rumor that the Medical Director, Dr. Peter Springer, had suspended Chief Cousins permission to operate as a paramedic within Volusia County for 90 days. A few days later Chief Cousins received a call from Dr. Springer notifying him that he had put a letter in the mail suspending his license for 90 days. He spoke of City Attorney Ansay being engaged in this as well. They sent a follow up letter to the County Attorney on May 27th. He confirmed the State was not investigating Chief Cousins individually and the County Council did not exercise the option to notify them of a public hearing before the County Council and allow them to make a decision on the status of the City’s COPCN 10 Council Regular Meeting June 20, 2011 license. As of this date, they do not have a response from the County Attorney referencing the questions that were outlined in the letter. He further commented on another letter that was sent last Friday to Dr. Springer, which they also had not received a response to. Fire Chief Cousins commented on struggling with these topics and concepts for quite a while. At the end of the day, all they are trying to do in Edgewater is take care of their citizens the best they can. They do that with the mindset of putting politics out of sight. It was his opinion under a specific State Statute that there was an exemption and they met the requirements of the exemption when they transported that patient to the hospital. They were in the process of the application for contingency transport that Council approved. They followed all the rules, as he sees it, of Florida Statute. They followed the intent, concept, rules and system that the County was trying to implement when it comes to contingency transport. He further identified the steps they followed. He felt they did the right thing for the patient and followed the rules too and are going to continue to do that. He mentioned being very passionate about this and this being very important to him. Councilman Cooper mentioned the County taking over the 911 calling system and dispatching. He questioned the agreement still not coming signed yet and if they had sent back the signed agreement. Chief Cousins explained they signed the agreement with Council approval and sent it to their office a couple days after the meeting, which was a couple days after the transport occurred. Since then that application was rejected by Volusia County EMS and sent back to the City requesting they modify the application that was sent in to the County. Councilman Cooper wasn’t aware that it had been rejected. He thought they were still waiting for information. He asked if they had complied with their request. Chief Cousins commented on some of the things they have supplied. They have supplied everything they have asked for. It is now back to the City. He further commented on having some concerns with the language that was put in the original. The City made some amendments and they rejected those amendments. One of the very important things was it didn’t reference the guidelines anywhere in an official document. The bible they operate on a daily basis are their protocols. They asked that the criteria in which they are going to be held accountable for be in writing in a document that is public. Until this date it is not. All they have received was a letter written from Dr. Springer to Frank Bruno that suggests a set of guidelines. Subsequent to that there was no due process. If Dr. Springer finds he doesn’t agree that the patient has met the criteria, there is no process if they have a disagreement. Those are a big concern. When they made those changes, how little did they know a couple of days later they would be coming back to them with exactly what their concerns were. 11 Council Regular Meeting June 20, 2011 Councilman Cooper asked when the refusal came back that they refused our contingency agreement, have they re-filed and sent the satisfaction back to them for second approval. City Manager Barlow explained they aren’t willing to surrender to the medical director. City Attorney Ansay referred to an e-mail they received from the th County on May 19, where they were advised that the County’s Risk Management staff was still analyzing the issues created by this agreement and they were presenting to the City a new and yet modified again agreement. Edgewater wasn’t the only city who had concerns with the unilaterally drafted contingency transport agreement. A lot of cities looked at for the first time and said they couldn’t sign it and made changes to it and sent it back. Concurrently they were getting applications and the signed agreement with different terms from various cities. Councilman Ignasiak stated so as of this date no other city has an approved application that has gone through. City Attorney Ansay believed two cities had gotten their official okay, South Daytona and Ponce Inlet. Councilman Cooper questioned all 16 cities being involved. Fire Chief Cousins explained not all city Fire Departments have ambulances and even ones that do, not all have requested to be a part of this agreement. Fire Chief Cousins explained contingency transport is basically a band-aid that gets them by. What he would be talking about tonight was the solution. Councilman Cooper felt it was a backup position for them and they have the equipment and the men certified, it is common sense and it is best for life safety. He expressed concern with tomorrow they could have the same issue and there is no protection. What do they have to do to stop that issue in its tracks now? City Attorney Ansay explained they tried to do it the diplomatic way. Staff has tried to communicate directly. At this point they have been unable to get anyone to respond. They have tried to reach out and deal with these issues professionally. From a legal perspective it is horribly wrong in her view to have a Fire Chief’s privileges suspended for 90 days with no due process. To hear it from rumor is unprofessional and illegal. She spoke of trying to work it out because of issues the City Manager will have to deal with the County on. Councilman Cooper questioned if they could demand a meeting with the County Chair, County Manager, our Fire Chief and our City Manager and hash this out and get the issue of the consolidated agreement to transport resolved. He expressed concern with something like this 12 Council Regular Meeting June 20, 2011 happening again. Fire Chief Cousins assured him they would transport them. Mayor Thomas spoke of being tired of it and this being the second time. He is tired of them telling the City what to do when they have lives on the line. He spoke of our guys being just as qualified and trained and he would rather ride with them than EVAC. City Attorney Ansay recommended they officially request a meeting between herself, the Managers, the Mayor and an elected official and let them know this is the last opportunity to resolve this. City Manager Barlow commented on this creating a hardship during the wildfires. Councilman Cooper stated anything that happens from now until August rd 23, Fire Chief Cousins would be in violation. They need to have a determination and the Fire Chief and Fire Department shouldn’t be subject to that during this interim. City Attorney Ansay pointed out that is the problem with taking away someone’s rights without any due process. She couldn’t recommend this evening that they go off and start drafting a lawsuit. Councilman Cooper was all for sending a certified letter requesting they have a meeting and include a date and make them comply with that date. He felt before they started legal proceedings, they needed to get them to the table and get this issue resolved. Councilwoman Bennington asked if his rights were taken away without due process how they could be taken away and if he still had his rights since he wasn’t allowed due process. City Attorney Ansay stated not until a judge would say otherwise. Councilman Ignasiak felt one of the points that should be taken up was the lack of due process by the medical director to prevent this from happening in future incidents. He has never heard of this ever happening like this where there is no appeal process. He felt it was dictatorial. He suggested at the meeting that that issue be resolved. Somebody needed to put restraints on the medical director’s conduct so he cannot act like that again and suspend people without a due process. Councilwoman Bennington felt they needed to put restraints on the County for allowing this to happen. Councilman Cooper agreed with Fire Chief Cousins that the proper protocols needed to be spelled out. rd Mayor Thomas questioned how many people had to die before August 23 and we can’t do anything. Councilman Cooper felt they should force the issue. 13 Council Regular Meeting June 20, 2011 City Attorney Ansay commented on these types of incidents being rare. There was one last year and has been one this year. If the City were running rampant and transporting everyone, billing every patient, diverting funds from EVAC, you could at least understand the motivation. She made mention of the patient that was transported not being billed and it being done for the right reason. Councilman Kennedy felt the County was afraid that the City was starting to set precedence. If they starting letting individual cities transport more and more, that waters down their revenue from transport. He suggested they ask Volusia County why they were willing to put money and politics ahead of peoples’ lives. Councilwoman Bennington stated it was her understanding that the doctor asked that this patient be transported. Fire Chief Cousins commented on the doctor’s involvement with the incident. Dr. Susan Hole , 2441 Swordfish Lane, stated she was the physician on record for the incident they were talking about. In her opinion the patient needed to be transported immediately. Given the choice she didn’t want to wait for EVAC to get there from South Daytona. Within two days the patient had open heart surgery. Councilman Cooper commented on the attending physician having the final say on what happens with a patient. He asked why that was being questioned. Ms. Hole didn’t understand herself. She felt it was a poor decision on his part to counteract her opinion about her patient. Councilman Cooper asked if they were of a consensus to construct a legalized, certified letter to request a meeting of the principals. City Attorney Ansay stated she understood the direction from Council. Councilwoman Bennington needed clarification with regard to Item 10b and 8G. Fire Chief Cousins explained what he was going to do with regard to Item 8G. He was going to present to Council options for the Fire Department and City to take over transport. If the Council likes those options and would like them to pursue and submit an application, then they would move forward with that. Staff was going to ask them to support the application with a resolution. The application would be submitted to Volusia County. Mayor Thomas informed Fire Chief Cousins he was backing him 100%. City Manager Barlow commented on this almost being a business venture very similar to the business venture they had with refuse and 14 Council Regular Meeting June 20, 2011 stormwater, where they would commit the funds but also have available opportunity to recoup all of those revenues. Councilwoman Bennington agreed with Mayor Thomas and was behind it 100%, especially after what has happened. Councilman Cooper asked if there were any other cities that had gone forward with the application process as well. Fire Chief Cousins commented on many cities looking at it. He thought Edgewater would be the first but he didn’t think they would be standing alone when it was said and done. City Manager Barlow commented on the City of Daytona Beach and the City of Deltona trying to do the transport the last several years and running across the same complications. Fire Chief Cousins went through a Powerpoint Presentation with regard to Ambulance Transport by describing Review of the Current Two Tier System, Proposed Improvements, SAFER Grant, Fee Billing, Fee Schedule, Estimated Fee Collection, Expenditures, Revenue/Expenditure Summary, Staffing, Transport Equipment, Service Area, Timeline, Proposed Implementation Timeline, and Summary. During Fire Chief Cousins’ presentation, Fire Chief Cousins, City Attorney Ansay and City Manager Barlow answered questions presented by Councilman Cooper, Councilwoman Bennington and Mayor Thomas. City Manager Barlow disclosed for the record a conversation he had with Jim Dineen, Volusia County Manager to advise him this item was going to be on the agenda tonight. Councilwoman Bennington felt this was way past overdue. She felt once this was submitted they needed to let all of the County Councilmembers know they want this for our City and that they are all behind this. Fire Chief Cousins explained their goal is to work and integrate with the system. They want to ensure they are providing the highest level here and not bringing down service anywhere else. Councilman Cooper expressed concern with life safety. He asked how the other services they cannot provide would work such as the helicopter service. Fire Chief Cousins explained the helicopter transport was already in the budget and is supplemented by Halifax Hospital. That component of the EMS system delivery would not change. This has zero effect on that. City Manager Barlow asked for direction to complete and submit the application. Mayor Thomas entertained a motion. 15 Council Regular Meeting June 20, 2011 Councilwoman Bennington made a motion to accept the proposal from the Chief on life support ambulance transportation application, second by Councilman Ignasiak . The MOTION CARRIED 5-0 . G.Resolution No. 2011-R-13 – Requesting Volusia County to approve the City of Edgewater’s Certificate of Public Convenience and Necessity (COPCN) Advanced Life Support (ALS) ambulance transport City Manager will be requesting this item be moved application. ( to after Item 10b ) City Attorney Ansay read Resolution 2011-R-13 into the record. Mayor Thomas opened the public hearing and asked for public comment. The following citizens spoke: Gene Emter , 513 Portside Lane, commented on having a number of incidents of contact with EVAC, not all of them have been very positive. He spoke of sitting down with the Chief and looking at the program he is providing. From the standpoint of service he didn’t think there was any question of its superiority. From the standpoint of cost it is obviously feasible. He felt it would be nyon to a travesty if the County denied the opportunity for Edgewater to proceed with a system that would provide better service at a good cost and at the same time it is reducing their cost. He felt there were mutual benefits and that this was a fantastic program. Susan Hole , 2441 Swordfish Lane, felt she could safely speak for the physician community. She felt the physician force in the Edgewater/New Smyrna area would be fully behind this. Mayor Thomas entertained a motion. Councilwoman Bennington moved to approve Resolution 2011-R-13, second by Councilman Kennedy . The MOTION CARRIED 5-0 . Fire Chief Cousins thanked Council for their continued support of the Fire Department. Councilman Cooper encouraged the residents to contact their County Councilmembers. C.Charles Kenney, 2125 Kumquat Drive, requesting a Tree Permit to remove one (1) 39” Historic Live Oak Tree from this property to build a new single-family residence 16 Council Regular Meeting June 20, 2011 City Manager Barlow made a staff presentation. Charles Kenney , 2125 Kumquat Drive, requested permission for the tree to be removed because of property damage. Mayor Thomas asked Mr. Kenney how much it was going to cost him to have the tree removed. Mr. Kenney informed him $1,000. Mayor Thomas informed him that was a good deal. Mayor Thomas didn’t see any problem with Mr. Kenney removing the tree. Councilman Cooper asked about making a blanket motion to allow all three requests for tree removal. City Manager Barlow advised him they should do them each individually. City Manager Barlow briefed Council on staff possibly going back and looking at revamping the tree ordinance. Councilman Kennedy briefly discussed with Mr. Kenney the reason for removing the tree and if there was another way to remedy the situation. Mayor Thomas entertained a motion. Councilwoman Bennington made a motion to approve the removal and determine Section 1 and just the building permit cost. City Clerk Wenzel asked Councilwoman Bennington to repeat her motion due to not hearing it. Councilwoman Bennington made a motion to allow him to remove the tree with the Number 1, no cost other than the permit, second by Councilman Ignasiak . The MOTION CARRIED 5-0 . D.Lorelei Huestis, 2531 Needle Palm Drive, requesting a Tree Permit to remove one (1) 39” Historic Live Oak Tree from this property to build a new single-family residence Mayor Thomas asked Ms. Huestis if she had an estimate on how much it would be to remove the tree. Ms. Huestis informed him $6,000. Mayor Thomas entertained a motion. Councilman Cooper made a motion to approve the Tree Permit for removal of one (1) 39” Historic Live Oak Tree at 2531 Needle Palm Drive under Option 1 at this time, second by Councilman Ignasiak . 17 Council Regular Meeting June 20, 2011 Councilman Kennedy asked Ms. Huestis why she wanted to remove the tree. City Clerk Wenzel asked Ms. Huestis to identify her name and address for the record. Lorelei Huestis , 2531 Needle Palm Drive, identified for Councilman Kennedy why she wanted to remove the tree. There was a brief discussion regarding Councilman Kennedy and Building Official Dennis Fischer actually seeing the tree. The MOTION CARRIED 4-1. Councilman Kennedy voted NO . E.Tara Tanpiengo, 2023 Kumquat Drive, requesting a Tree Permit to remove one (1) 36” Historic Life Oak Tree from this property to build a new single-family residence City Manager Barlow made a brief staff presentation. Councilman Cooper made a motion to approve the Tree Permit for removal of one (1) 36” Historic Live Oak Tree at 2023 Kumquat Drive under Option 1, second by Councilwoman Bennington . The MOTION CARRIED 4-1. Councilman Kennedy voted NO . F.Wrecker Services Contract – Addendum Number 1: Requesting recognition of a one-week contract extension with Edgewater Garage Inc. City Manager Barlow made a staff presentation. Mayor Thomas was proud City Manager Barlow did this on his own. Mayor Thomas entertained a motion. Councilman Cooper made a motion to recognize signed extension to the contract with Edgewater Garage, Inc. for Wrecker Services for one week, second by Councilwoman Bennington . The MOTION CARRIED 5-0 . G.Wrecker Services Contract – Addendum Number 2: Request to extend the contract with Edgewater Garage Inc., through September 30, 2011 City Manager Barlow made a staff presentation. Mayor Thomas entertained a motion. 18 Council Regular Meeting June 20, 2011 Councilwoman Bennington made a motion to authorize the City Manager to extend the contract with Edgewater Garage Inc. for Wrecker Services through September 30th, second by Councilman Cooper . The MOTION CARRIED 5-0 . H.Request for approval to extend the term of the Agreements for Environmental Consulting Services to Biological Consulting Services, Inc., Environmental Services Inc., and Zev Cohen Associates, Inc. and authorization for the City Manager to execute the documents City Manager Barlow made a staff presentation. Councilman Cooper made a motion to extend the term of the Agreements for Environmental Consulting Services to Biological Consulting Services, Inc., Environmental Services Inc., and Zev Cohen Associates, Inc. and authorize the City Manager to execute the documents, second by Councilwoman Bennington . The MOTION CARRIED 5-0 . 11.OFFICER REPORTS A.City Clerk City Clerk Wenzel informed Council what she does when she receives complaints regarding solicitors coming to homes. There was a brief discussion regarding the AT&T people that have been soliciting in Edgewater. B.City Attorney City Attorney Ansay had nothing at this time. Mayor Thomas thanked City Attorney Ansay for her excellent advice. C.City Manager City Manager Barlow wanted consensus from Council for the Mayor to execute the parking agreements they do every year for the two parking th lots for the 4 of July. City Manager Barlow informed Council they needed to schedule a CRA th workshop. They could either do it on July 18 at 3:30 p.m. or July th 13 at 6:00 p.m. they could do a joint workshop with the Planning & Zoning Board. 19 Council Regular Meeting June 20, 2011 th It was the consensus of Council to have the workshop on July 13 at 6:00 p.m. City Manager Barlow informed Council they should have an updated budget schedule. He referred to the dates on the back of the budget schedule. City Manager Barlow then informed Council the County Property Appraiser had sent out the preliminary numbers, which showed a decrease in Edgewater property values of about 17.37%, which was a bigger hit than they thought which equated to $114 million worth of property value reduction. If they left the millage alone at 6.59, they were still looking at a $718,000 revenue hit. City Manager Barlow then commented on their timeline and goals with regard to changing the utility bills. City Manager Barlow then commented on the dispatch progress. Everything is working well going in that direction. He spoke of 10 out of the 14 dispatchers applying with Volusia County. He further commented on preliminary numbers showing a savings of $250,000 the first year and $450,000 the second year. City Manager Barlow informed Council he would be out of town from June thth 30 through July 8 and that Jack Corder would be in charge. City Manager Barlow asked Environmental Services Director Brenda Dewees to bring them up to speed with regard to a lightning strike that hit a pipe and did damage at the Wastewater Treatment Plant, which she did at this time. She further answered questions presented by Councilman Cooper. City Manager Barlow commented on the employees and the remarkable recovery they did in a short amount of time. Councilman Cooper asked what was going on on SR 442. Ms. Dewees informed him DOT was cleaning out the storm drains. Councilman Cooper and City Manager Barlow commented on the progress of the Roberts Road and Mango Tree sidewalk program. 12.CITIZEN COMMENTS There were no Citizen Comments at this time. 13.ADJOURNMENT There being no further business to discuss, the meeting adjourned at 8:54 p.m. Minutes submitted by: Lisa Bloomer, CMC 20 Council Regular Meeting June 20, 2011 Attest: APPROVED: City of Edgewater ; ,Flori Bonnie Wenzel, City Clerk Michael L. Thomas, Mayor 21 Council Regular Meeting June 20, 2011