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07-18-2011 - RegularCITY COUNCIL OF EDGEWATER REGULAR MEETING JULY 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 Aaron Wolfe 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 May 16, 2011 Councilman Cooper moved to approve the May 16, 2011 Regular Meeting minutes, second by Councilman Ignasiak . The MOTION CARRIED 5-0 . B.Special Meeting/Executive Session of June 20, 2011 Councilwoman Bennington moved to approve the June 20, 2011 Special Meeting/Executive Session minutes, second by Councilman Cooper . The MOTION CARRIED 5-0 . C.Regular Meeting of June 20, 2011 Councilman Cooper moved to approve the June 20, 2011 Regular Meeting minutes, second by Councilman Ignasiak . The MOTION CARRIED 5-0 . 1 Council Regular Meeting July 18, 2011 3.PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS There were no Presentations at this time. 4.CITIZEN COMMENTS The following citizens spoke: Barbara Clifton , 1619 Pine Tree Drive, thanked Paralegal Matusick for her help and information in answering a lot of questions and rules about Code procedure. She thanked Animal Control for their help also. She also thanked Code Enforcement, especially Lieutenant Jeff Lariscy who explained the ins and outs procedures and how they track repeat offenders. She felt he is a fine young man. He lives in Edgewater and seems to care about the citizens of Edgewater. She commented on problems she has had for the last six months. Lt. Lariscy got a lot of it straightened out. She felt modern technology could help Code Enforcement. She asked City Manager Barlow, Mayor Thomas and the City Council to back up Code Enforcement. She felt if they let people get away with things one bad apple would turn into three or four. City Manager Barlow commented on this being an example where they reshuffled Code Enforcement in January and took a different direction. He felt it was paying off. They are operating the division more efficiently and more effectively than in the past. Bill Glaser , 1703 Needle Palm Drive, was wondering if the Council knew what the purpose of a residential street was and if it was to provide access to the property to the folks who live on the street or was it to provide a truck route for the City of Edgewater or a connector road to have everybody connecting between the truck route and the Boulevard. Councilman Cooper commented on watching the traffic with Mr. Glaser six months ago and counting the number of City vehicles. He knew City Manager Barlow had talked to two or three of the divisions and asked them to cut down on their traffic and to take U.S. #1 and to use Mission Road to get to where they were going. He asked Mr. Glaser if he was saying it was back the way it was or if it never stopped. Mr. Glaser informed him it lasted a couple of weeks and then they were back. When the folks are working east of the railroad tracks they drive right by the truck route and he didn’t understand the problem with folks being aware the City has a truck route and using the truck route. It is a tenth of a mile shorter and it saves a stop sign. He then commented on the traffic study Mayor Thomas commissioned on Royal Palm and Needle Palm and in about a six hour period there were 300 vehicles on Needle Palm and 100 vehicles on Royal Palm. There were 17 City vehicles on Needle Palm, which was about average. He asked the Council to give some thought to it. 2 Council Regular Meeting July 18, 2011 5.APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA Mayor Thomas disclosed they would be moving Items 8E, 8F and 8G before Item 10A. 6.CITY COUNCIL REPORTS th Councilwoman Bennington reported on the 4 of July. The fireworks were phenomenal. She thanked the City staff and CAPS that were th involved with the 4 of July festivities. Councilman Ignasiak commented on coming down to Riverside Drive early th in the morning on July 5 and it was all cleaned up. Councilman Ignasiak commented on several residents contacting him from Silver Ridge regarding Jeff Lariscy and the outstanding job he has done inside the community cleaning it up and getting people to comply with the Codes. City Manager Barlow commented on the two citizen volunteers that were recruited by Lt. Lariscy that contribute a great number of hours and are very effective. Councilman Cooper thanked the City staff for everything they did for th the 4 of July. th Councilman Kennedy spoke on the 4 of July and the 5K Run at the YMCA. Councilman Kennedy then reported on the Edgewater City Scholarship. They had their second organizational meeting the week before last. There was an article in the newspaper that didn’t describe where they were at with it quite accurately. He is the Chairman and he spoke of things moving slowly and initiating things to step up the pace. He encouraged everyone to sign up to make a donation through their water bill. They have not had enough people sign up. There was a discussion regarding this already appearing on the water bills and there being a goal of how much they would like to collect. Councilman Kennedy commented on it still being in play regardless of what the News Journal wrote. They are not rethinking it and are moving forward with it. Mayor Thomas commented on the joint meeting that was held with the Council and the Planning & Zoning Board on July 13th regarding the CRA District. They will continue discussion on how they want to improve the looks of Edgewater to attract businesses and citizens. He was pleased with the discussion they had. 3 Council Regular Meeting July 18, 2011 Mayor Thomas then expressed his appreciation to Code Enforcement. He spoke of conversations he had with Ms. Clifton. He was glad she got success with her issues. Mayor Thomas stated Carolyn Ansay was the City Attorney for the last four years and she did a fantastic job but she left for a better job with the South Florida Water Management. He then welcomed Aaron Wolfe who was selected to be the new City Attorney. 7.CONSENT AGENDA There were no items on the Consent Agenda at this time. 8.PUBLIC HEARINGS, ORDINANCES & RESOLUTIONS nd A.2 Reading, Ordinance No. 2011-O-08 – An amendment to Article IV (Peddlers, Solicitors, Canvassers) of Chapter 11 of the Code of Ordinances City Attorney Wolfe read Ordinance 2011-O-08 into the record. City Manager Barlow made a staff presentation. City Clerk Wenzel answered questions presented by Councilman Cooper regarding people soliciting without a permit, Councilwoman Bennington regarding candidates having to have a permit to solicit and Councilman Kennedy with regard to religious organizations being exempt. There was further discussion regarding religious organizations being required to have the permit but not having to pay the fee and the need to validate that they are a legitimate organization through the permitting process. Councilman Ignasiak and Mayor Thomas were uncomfortable with requiring a religious organization to get a permit when they are soliciting for purely religious purposes and not monetary. City Clerk Wenzel explained based on the definitions and what has always been in the Code, she didn’t believe if someone was just going from a Church to provide the residents with literature that they would be required to get this. This is for people that are asking for money or trying to sell something. Councilman Ignasiak and Mayor Thomas were more comfortable after City Clerk Wenzel’s explanation. Mayor Thomas opened the public hearing. The following citizen spoke: 4 Council Regular Meeting July 18, 2011 Alice Haldeman , 903 Lake Avenue, wanted anybody that knocked on her door to show her identification, including religious organizations. Councilwoman Bennington felt if a church organization comes to someone’s door and they don’t have identification it gives them the right to contact the police. Due to there being no further Council comment or public comment, Mayor Thomas entertained a motion. Councilman Ignasiak moved to approve Ordinance 2011-O-08, second by Councilman Cooper . The MOTION CARRIED 5-0 . nd B.2 Reading, Ordinance No. 2011-O-09 – Extending the moratorium as to the filing and/or receiving of any application or petition for the establishment of “Pain Clinics” for a period of 180 days City Attorney Wolfe read Ordinance 2011-O-09 into the record. City Manager Barlow made a staff presentation. Councilman Cooper asked if they had received any applications. City Manager Barlow informed him they didn’t have any active applications or requests. Due to there being no further Council comment or public comment, Mayor Thomas entertained a motion. Councilwoman Bennington moved to accept Ordinance 2011-O-09, second by Councilman Ignasiak . The MOTION CARRIED 5-0 . nd C.2 Reading, Ordinance No. 2011-O-10 – Redistricting the City of Edgewater for the purpose of electing City Council members City Attorney Wolfe read Ordinance 2011-O-10 into the record. City Manager Barlow made a staff presentation. Mayor Thomas presented some history with regard to this ordinance. Due to there being no Council or public comment, Mayor Thomas entertained a motion. Councilman Cooper moved to approve Ordinance 2011-O-10, second by Councilman Kennedy . 5 Council Regular Meeting July 18, 2011 The MOTION CARRIED 5-0 . st D.1 Reading, Ordinance 2011-O-11 – Amending Article I (In General) and Article II (Vaccinations, Licenses and Permits) of Chapter 5 (Animal Services) City Attorney Wolfe read Ordinance 2011-O-11 into the record. City Manager Barlow made a staff presentation with regard to having a mandatory spay/neuter provision in the ordinance. This makes us consistent with the County ordinance and allows us to utilize some of their services through Volusia County Animal Control. Councilwoman Bennington expressed concern with not having a definition for humanely and felt it should be clarified as a definition. City Manager Barlow informed Council if they gave him direction to go back they could look at the Florida Statutes. He didn’t have a problem coming up with a term. There was further discussion regarding the need for a definition for humanely. Councilwoman Bennington then addressed the definition for Animal under restraint with regard to 2a – the animal is securely confined within a vehicle. She felt humanely should be added to that definition once they define it. She wanted it to specify when the animal is secured in a vehicle that it has access to air. Councilman Ignasiak pointed out that was enforceable now under Animal Cruelty. Councilman Cooper asked Councilwoman Bennington if she wanted interior of automobiles to be mentioned in the definition of humanely pertaining to locking an animal in a vehicle without air or windows open. Councilwoman Bennington informed him they could do that. City Manager Barlow agreed to do that. Councilwoman Bennington then referred to Page 8, Section 5-6 and asked to remove Item C - Members, Item D - Meetings, hearing and procedures and Item E - Quorum as they should be included in the by-laws. City Clerk Wenzel informed her she believed it was. Councilwoman Bennington then referred to Page 15, Section 5-33 – License tag and rabies tag to be attached to collar or harness of animal. She felt there was a contradiction. City Manager Barlow identified Councilwoman Bennington as promoting microchipping. He agreed to speak to staff about some of the pros and cons with regard to microchipping over a metal tag. Councilwoman Bennington felt they should have a tag or a chip. Councilman Cooper 6 Council Regular Meeting July 18, 2011 asked if it should be the owner’s choice. Councilwoman Bennington informed him yes. Johnnie Dail , Animal Control Officer, explained in some cases common sense has to prevail. He mentioned the Shelter offers the chip for $35 and the City handling the registration of the chip. He further commented on having the equipment and the tools. He commented on a problem with the microchip being many pet owners will chip their animals but never register the chip or they move. He felt there was no easy fix. Councilwoman Bennington commented on a tag on a collar coming off. She suggested for Section 5-33, they should include shall be worn at all times “except if the animal is chipped”. Mr. Dail had no problem with that. He commented on having 9,000 pets in Edgewater and only selling 200 tags. City Manager Barlow recommended they also include “and registered with the City of Edgewater”. Councilman Cooper asked about maintenance for the chips, which Mr. Dail elaborated on with regard to updating the data when it changes. Mayor Thomas wanted to send the ordinance back and have it redone. Councilman Kennedy asked what the intent was of modifying and putting in all these extra layers. City Manager Barlow informed him the mandatory spay/neuter. Councilman Kennedy questioned if they would be able to enforce a mandatory spay/neuter law and if it would be enforceable to the point that they would reduce the number of pets in the City of Edgewater. Mr. Dail spoke of education and enforcement. The citizens cannot use the County’s spay/neuter bus which costs the citizens more money. If they can get this passed as law, they are providing another asset to the citizens to get help for their animals. Councilman Kennedy disclosed he has a female dog that is not spayed and he doesn’t let her out when she is in heat. He keeps a very close eye on her. Mr. Dail pointed out pros and cons to having an animal spayed or neutered. Councilman Kennedy felt the decision to spay or neuter his pet should be his decision. City Manager Barlow commented on not everyone and the majority may not be as accountable with their animals and responsible with their animals as Councilman Kennedy. Councilwoman Bennington pointed out there was a section in the Code that limits someone to two litters per year if someone wants to be a breeder. All this is doing is making people more responsible for their pets. 7 Council Regular Meeting July 18, 2011 Mr. Dail explained a lot of people are going to this and they chose to recommend to follow suit with the County because it is working for them. Councilman Cooper commented on having 9,000 pets in Edgewater and only 200 purchased tags with the City. He asked if the information on the tag or chip identifies if an animal is spayed or neutered. Mr. Dail informed him of the cost for the tag for a sterilized or unsterilized animal and identified the information required to obtain the tag. Councilman Cooper commented on needing to have a registration drive. He then suggested changing the wording that if someone gets caught more than three times that they demand the animal be spayed or neutered otherwise they will pay a fine. Councilwoman Bennington commented on already having that covered in the fee resolution. Councilman Cooper spoke of people’s mindset that if the animal is always in the house why would they register it? Mr. Dail felt there could be something to that but presented examples of problems and identified without the teeth the problem is going to grow. Councilwoman Bennington made a motion to send this back to staff for rewrite, second by Councilman Ignasiak . The MOTION CARRIED 5-0 . E.Ordinance No. 2010-O-16 – Extending the policy to temporarily reduce impact fees for non-residential properties for an additional one year City Manager Barlow made a staff presentation. There was a brief discussion regarding four businesses using this. Councilman Kennedy questioned if those opportunities would have occurred without the reduction. City Manager Barlow felt that was hard to say. He spoke of Dollar General and negotiating to put the aesthetic appearance back into their building. He briefly commented on the three other businesses that used this, two that were on the permitting or development side and one which was an expansion which has occurred. Councilman Cooper commented on the guarantee of labor and the businesses having to have so many full time jobs. Councilman Kennedy was trying to quantify for his own personal interests if this is a tactic that actually works. 8 Council Regular Meeting July 18, 2011 City Manager Barlow commented on starting to see a little more interest and people wanting to develop and locate here. It gives them more tools in the toolbox to be competitive with other cities. Due to there being no further Council comment or public comment, Mayor Thomas entertained a motion. Councilman Cooper moved to approve the one year extension for Ordinance 2010-O-16, second by Councilman Kennedy . The MOTION CARRIED 5-0 . F.Ordinance No. 2010-O-17 – Extending the policy to temporarily defer applicable Sidewalk, Fire/EMS, Police and Transportation/Road Impact Fees for an additional one year City Manager Barlow made a staff presentation. Nobody has taken advantage of this opportunity at this time but it is still a tool in the toolbox he would like to keep in there. Councilman Ignasiak confirmed the fees were only being deferred and not eliminated. City Manager Barlow informed him that was correct and further explained how the program works. Councilman Cooper felt it was interesting that none of the four that they gave impact fee relief to decided to exercise this. Councilman Kennedy felt these opportunities were more mere marketing than actual real meaningful items to these businesses. Due to there being no further Council comment or public comment, Mayor Thomas entertained a motion. Councilman Ignasiak moved to approve the one year extension for Ordinance 2010-O-17, second by Councilwoman Bennington . The MOTION CARRIED 5-0. G.Resolution No. 2010-R-12 – Authorization to extend the policy to temporarily reduce fees for one year for Annexation of Non- Residential property and other related fees City Manager Barlow made a staff presentation. They have had two in the past who exercised this option. Due to there being no Council or public comment, Mayor Thomas entertained a motion. Councilman Cooper moved to approve the one year extension for Resolution 2010—R-12, second by Councilman Kennedy . 9 Council Regular Meeting July 18, 2011 The MOTION CARRIED 5-0 . Mayor Thomas called a ten-minute recess at this time. The meeting recessed at 7:15 p.m. and reconvened at 7:25 p.m. 9.BOARD APPOINTMENTS A.Animal Control Board – Councilman Ignasiak’s appointment due to the expired term of Jamie Young, who seeks reappointment Councilman Ignasiak made a motion to reappoint Jamie Young to the Animal Control Board, second by Councilwoman Bennington . The MOTION CARRIED 5-0 . 10.OTHER BUSINESS A.Request for approval of the amended and restated Memorandum of Agreement between the City of Edgewater and YMCA City Manager Barlow made a staff presentation by highlighting the amendments. Leisure Services Director Jack Corder answered questions presented by Councilman Cooper with regard to replacement of the gymnasium floor, which he informed him was scheduled to be replaced in FY2012-2013. City Attorney Wolfe then answered questions presented by Councilman Cooper with regard to Page 5f – Responsibility for Utility Payments and the term power being used instead of electricity. City Attorney Wolfe felt it had a common understanding. City Attorney Wolfe then answered questions presented by Councilwoman Bennington with regard to Page 2b – Hold harmless regarding how legally binding this was. City Attorney Wolfe confirmed it would be legally binding and they felt it was an enforceable provision. City Manager Barlow then answered questions and concerns presented by Councilman Kennedy with regard to the Y getting along without the City’s contribution in five years as he feels the Y is an asset to our community. Councilwoman Bennington moved to approve the Amended and Restated Memorandum of Agreement between the City of Edgewater and the YMCA, second by Councilman Ignasiak . The MOTION CARRIED 5-0 . 10 Council Regular Meeting July 18, 2011 B.Request for approval of the contract with Construction Management Associates, LLC, in the amount of $46,340 and authorization for the City Manager to execute the Agreement for the replacement of four units of the HVAC System at the YMCA City Manager Barlow made a staff presentation. Due to there being no Council or public comment, Mayor Thomas entertained a motion. Councilman Cooper moved to approve the contract with Construction Management Associates LLC in the amount of $46,340 and authorize the City Manager to execute the agreement, second by Councilman Ignasiak . The MOTION CARRIED 5-0 . C.Request for approval for staff to enter into negotiations with Glencoe Veterinary Hospital to provide Shelter Management Services/Operation Services to the Edgewater Animal Shelter City Manager Barlow made a staff presentation. City Manager Barlow answered questions presented by Councilman Cooper with regard to accepting an agreement they have not seen. City Manager Barlow informed him they were only negotiating an agreement and would bring back the agreement for approval. Councilman Cooper then commented on the Animal Shelter being done by referendum and questioned if they should be looking for the agreement to be a referendum. There was a brief discussion regarding the original referendum being for the building and overall City operations. City Manager Barlow confirmed what went before the citizens in a referendum was to tax them for the construction of the building and there were no operational costs included in that. The City will still maintain the property and the building but contract with someone else to run the business for them. City Manager Barlow explained in comparison this is exactly what they did ten years ago with the YMCA. Councilwoman Bennington asked that they appoint one of the Councilmembers to represent them during the negotiations of this. City Attorney Wolfe agreed to look into that. Councilman Kennedy pointed out that Glencoe was the only one that responded. He felt they needed to see what they had to offer first. 11 Council Regular Meeting July 18, 2011 There was a discussion regarding continuing to look for others who may be interested. City Manager Barlow confirmed they could not because of the process. They could start the process over again but that isn’t a very popular business. Councilwoman Bennington pointed out that Ginger Bryant Hutchinson had been very involved with the Animal Shelter from the very beginning. City Manager Barlow spoke of contacting the local animal clinics or veterinarians to make them ware of the process. Mr. McKinney confirmed every veterinarian service in Southeast Volusia had been contacted. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilwoman Bennington moved to approve this request and start negotiations with Glencoe, second by Councilman Kennedy . The MOTION CARRIED 5-0 . D.Authorization for staff to enter into negotiations with Kimley-Horn and Associates, Inc., for ROW surveying, mapping, ROW certification and engineering and design services for the US Highway 1 Sidewalk Project City Manager Barlow made a staff presentation. 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 the authorization for staff to enter into negotiations with Kimley-Horn and Associates, Inc., for ROW surveying, mapping, ROW certification and engineering and design services for the US Highway 1 Sidewalk Project, second by Councilman Kennedy . The MOTION CARRIED 5-0 . E.Approve listing of property located at 3020 Lime Tree Drive as surplus and authorize execution of Work Order No. 2011-01 and associated documents with the Barnett Group, Inc. to dispose of same City Manager Barlow made a staff presentation and presented a history of the property. City Manager Barlow answered questions presented by Councilman Cooper. 12 Council Regular Meeting July 18, 2011 Due to there being no further Council or public comment, Mayor Thomas Entertained a motion. Councilwoman Bennington moved to approve the listing of the property with Barnett Group, second by Councilman Kennedy . The MOTION CARRIED 5-0 . F.Approval for the City Manager to advertise the Maximum Millage Rates for ad valorem and voted debt service Finance Director McKinney made some statements on the public record. He then identified the budget meetings to be held in August and September. Mr. McKinney disclosed they had presented a balanced budget at 6.47 mills but he recommended they allow them to advertise a maximum millage of 6.85 mills in case anything is brought up during the budget workshops. They can go down on the millage rate but they could not go up without additional cost. Mr. McKinney answered questions presented by Councilman Cooper with regard to the reduction to the taxpayers. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilwoman Bennington moved to go with the Finance Director’s recommendation and go with the millage posted at 6.85, second by Councilman Cooper . The MOTION CARRIED 5-0 . Councilwoman Bennington moved to authorize levying .06039 per $1,000 of assessed value on the voted debt service, second by Councilman Kennedy . The MOTION CARRIED 5-0 . 11.OFFICER REPORTS A.City Clerk City Clerk Wenzel asked Council if anyone was planning on attending thth the League of Cities Conference from August 11 to August 13in Orlando. B.City Attorney 13 Council Regular Meeting July 18, 2011 City Attorney Wolfe had nothing at this time. C.City Manager City Manager Barlow disclosed the Chamber of Commerce requested and encouraged that some of the local representation from Edgewater, New Smyrna and Oak Hill get involved with some of their committees. He was letting Council know to consider and he would put it on the next agenda. Councilman Cooper asked City Manager Barlow if there was any other information in reference to Team Volusia. City Manager Barlow disclosed what he knew with regard to people raising funds to become members. The cost is $25,000 for a seat at the table or $10,000 to be a member. He recommended they consider $10,000 as the City’s contribution and they would get into this deeper at budget time. If private funds are raised, another $15,000, that would be from the private side and combined with our $10,000, they would have the $25,000. Councilman Cooper felt the two had similar goals as far as bringing business and industry. He asked if anything was being discussed in reference to dropping the $10,000 paid to the New Smyrna Chamber and utilizing the $10,000 to get them more than a seat. City Manager Barlow explained Chamber helps more with maintaining and growing local business where Team Volusia is more global. Councilman Cooper confirmed City Manager Barlow felt it was best to maintain both because there are benefits to our City for both. City Manager Barlow informed him that would be his recommendation and they were still doing additional research with regard to Team Volusia. Councilman Ignasiak was firmly committed to staying attached to the Chamber because he feels that is their most important economic engine they have down here. He described why he still wasn’t sold on Team Volusia. He felt they needed to discuss this in the future before they commit a single dollar to it. City Manager Barlow confirmed he was watching closely what was happening with Team Volusia. th City Manager Barlow informed Council on July 27 at 4:00 p.m. at the Daytona Airport there was going to be a ribbon cutting for the University of Central Florida who was starting a business incubator within Volusia County. City Manager Barlow then reminded Council of the upcoming budget workshops and public hearings for the proposed millage. th Councilman Cooper disclosed he would be out of state from September 8 nd to September 22. 12.CITIZEN COMMENTS 14 Council Regular Meeting July 18, 2011 The following citizen spoke: Mike Visconti, 316 Pine Breeze Drive, thanked the City for the 4 of July festivities. 13. ADJOURNMENT There being no further business to discuss, Councilwoman Bennington moved to adjourn. The meeting adjourned at 8:11 p.m. Minutes submitted by: Lisa Bloomer, CMC Attest: APPROVED: City of Ed• -wad= , F .r4da C ( 4 ___` _..L .) ,1 e Wenzel, City Clerk M chael L. Thomas, Mayor 15 Council Regular Meeting July 18, 2011