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11-07-2011 - RegularCITY COUNCIL OF EDGEWATER REGULAR MEETING NOVEMBER 7, 2011 6:00 P.M. COUNCIL CHAMBERS MINUTES 1.CALL TO ORDER Vice Mayor Bennington called the Regular Meeting to order at 6:00 p.m. in the Council Chambers. ROLL CALL Mayor Michael Thomas Absent Councilman Justin Kennedy Present Vice Mayor Gigi Bennington Present Councilman Michael Ignasiak Present Councilman Ted Cooper Present City Manager Tracey Barlow Present City Clerk Bonnie Wenzel Absent Deputy City Clerk Lisa Bloomer Present Assistant City Attorney Ted Doran 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 September 12, 2011 Councilman Cooper moved to approve the September 12, 2011 minutes, second by Councilman Ignasiak . The MOTION CARRIED 4-0 . B.Regular Meeting of September 26, 2011 Councilman Cooper moved to approve the September 26, 2011 minutes, second by Councilman Ignasiak . The MOTION CARRIED 4-0 . 3.PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS A.Theresa Rogers, YMCA – Thanking the City for their support of the Southeast Volusia YMCA 1 Council Regular Meeting November 7, 2011 Courtney Harness , new Executive Director, Southeast Volusia Family YMCA, presented thank you cards to the Council that were made by the afterschool kids at the YMCA as well as a handout. He sent regrets from Theresa Rogers as she was not able to attend due to a family emergency. Mr. Harness expressed their gratitude for everything the City and the entire City does for them on a consistent basis. He commented on the Fall Festival, Haunted Forest and Trunk or Treat being absolutely amazing. Easily 3,000 people in attendance and over 2,700 pounds of food donated to give out to four food banks, which was not the norm around the country. Mr. Harness identified the Y as serving nearly 4,000 members of the community. They have over 200 kids in each one of their sports programs. Mr. Harness thanked the City Council for all they have done and all they continue to do. Vice Mayor Bennington pointed out the City is proud to have the YMCA as part of the City. B.Presentation of Plaques to winners of “Trunk or Treat” from Haunted Forest/Fall Festival Vice Mayor Bennington handed out plaques to the winners of the “Trunk or Treat” from the Haunted Forest/Fall Festival with first place for Best Vehicle Decoration going to the Elks Lodge, second place to Bishop’s Wrecker Service and third place to All About Floors, Armstrong Insurance and The Barnett Group. C.Proclamation declaring November 11, 2011 as “The American Legion Auxiliary Poppy Day” Vice Mayor Bennington read and presented a proclamation to Tori Ferrar of the American Legion Post 285 declaring November 11, 2011 as “The American Legion Auxiliary Poppy Day”. 4.CITIZEN COMMENTS The following citizens spoke: Virginia Terrault , 205 Wildwood Drive, was asking for help with the ditch behind her house. She spoke of being 74 years old and her fiancée going to be 86 and they have been cleaning the ditch out themselves as well as three of their neighbors so the water will drain away from their houses in case they have a hurricane or heavy rains. About 13 years ago a request was made for someone to come and look at the ditches to see what they could do. She spoke of fences and sheds that are right up to the edge of the ditch and they were told they had 2 Council Regular Meeting November 7, 2011 to move them in order for the people to come in and clean the ditch. That was the last they ever saw of anybody. The lady next to them who has emphysema and whose husband passed away, has done nothing to her ditch and it is completely overgrown. City Manager Barlow asked Ms. Terrault to leave her name and address with Environmental Services Director Brenda Dewees and they would have City staff come out and look to see what they can do to resolve the issue and he would bring a report back to Council. Linda Howard , 1819 Juniper Drive, had a list of signatures to protest against the 6% increase on the water bill. Vice Mayor Bennington asked her to wait until that item came up on the agenda. 5.APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA There were no Changes/Modifications to the Agenda. 6.CITY COUNCIL REPORTS Councilman Ignasiak commented on attending the Fall Festival/Haunted Forest and what a great time he had. Councilman Cooper apologized for not attending the Fall Festival/Haunted Forest due to some health issues. He then reported on the Economic Symposium in New Smyrna Beach that was attended by himself, Councilman Kennedy, City Manager Barlow and Vice Mayor Bennington. Councilman Cooper then commented on the event with the American Legion Post 285 where wounded warriors came through the City on their bicycles. He thanked the Police for the escort they provided for the event. Councilman Cooper commented on the American Legion Post 295 hosting the Veterans Day ceremony at the Edgewater/New Smyrna Cemetery. He encouraged everyone to support the veterans. Councilman Kennedy dittoed the comments on the Fall Festival/Haunted Forest. Councilman Kennedy then presented a report on the Scholarship Committee and commented on the parent/daughter dance to be held on th February 11 at the YMCA, which would coordinate with Valentine’s Day. They have committed to a $2,000 scholarship in May. If he has to pay it himself, they will have a $2,000 scholarship. He spoke of getting awareness out and getting people to sign up on their water bill. Any Edgewater student is eligible for the scholarship. They have roughly 10,000 customers so if everybody gave a quarter a month, they would have $2,500 a month coming in. 3 Council Regular Meeting November 7, 2011 Vice Mayor Bennington commented on the Fall Festival/Haunted Forest. She thanked everyone that participated. It was very orderly and they had no problems. She thanked the officers for volunteering their time. She then thanked the Leisure Services Department for helping with the Haunted Forest. She spoke of it being a community wide function that they are looking forward to doing next year, even bigger and better. Vice Mayor Bennington agreed with just about everything Councilman Cooper reported on with regard to the Economic Symposium. 7.CONSENT AGENDA A.Authorization for the City Manager to enter into an agreement with Selectron Technologies, Inc., to configure an Interactive Voice Response System Councilman Cooper requested this be pulled from the Consent Agenda for discussion. Vice Mayor Bennington pulled the item for discussion. City Manager Barlow made a staff presentation. City Manager Barlow answered questions presented by Councilman Cooper with regard to payments posting immediately, the security of the system and how a receipt would be obtained. Finance Director John McKinney answered questions presented by Councilman Ignasiak with regard to other cities in Volusia County currently using the system. Finance Director McKinney answered questions presented by Councilman Cooper regarding the City being charged a fee. Mr. McKinney informed him 1% for any utility bill paid via credit card and identified this is a cost the City eats. Councilman Cooper further identified how this will save the City money. City Manager Barlow identified this was cost containment. Due to there being no further discussion, Vice Mayor Bennington entertained a motion. Councilman Kennedy moved to approve the Consent Agenda, second by Councilman Ignasiak . The MOTION CARRIED 4-0 . 8.PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS st A.1 Reading, Ordinance No. 2011-O-15 – Amending and Restating Article III (Permitted, Conditional, Accessory and Prohibited Uses) of the Land Development Code (This item was continued from the October 17, 2011 meeting) 4 Council Regular Meeting November 7, 2011 Assistant City Attorney Doran read Ordinance 2011-O-15 into the record. City Manager Barlow made a staff presentation regarding amendments th made to the ordinance based on discussion from the October 17 meeting Vice Mayor Bennington opened the public hearing. There were no public comments. City Manager Barlow answered questions presented by Councilman Cooper with regard to the requirement of the 6’ opaque fence, being allowed to have a boat on the side of your house. Councilman Cooper commented on very few residents let the canopies go. City Manager Barlow identified this is probably one of their most Code complaints as far as the ones in the front setbacks, not maintained and not properly tied down. Councilman cooper identified they took the word gazebo out. City Manager Barlow identified a gazebo is a permitted structure that has to go through the permitting process and does not qualify as a temporary structure and is covered somewhere else. Due to there being no further comments, Vice Mayor Bennington closed the public hearing and entertained a motion. Councilman Ignasiak moved to approve Ordinance 2011-O-15, second by Councilman Kennedy . The MOTION CARRIED 3-1. Councilman Cooper voted NO . nd B.2 Reading, Ordinance No. 2011-O-16 – Amending and Restating Article VI (Sign Regulations) of the Land Development Code Assistant City Attorney Doran read Ordinance 2011-O-16 into the record. City Manager Barlow made a staff presentation. Vice Mayor Bennington confirmed when they passed Chapter 12 it negated this and they were just doing this formally. Vice Mayor Bennington opened the public hearing. There were no public comments. Councilman Ignasiak identified this as being an administrative cleanup. Councilman Cooper asked if this was where they were changing the use of garage sale signs. City Manager Barlow informed him that was already done and that this removed language that conflicted with Chapter 12. 5 Council Regular Meeting November 7, 2011 Due to there being no further comments, Vice Mayor Bennington closed the public hearing and entertained a motion. Councilman Ignasiak moved to approve Ordinance 2011-O-16, second by Councilman Kennedy . The MOTION CARRIED 4-0 . C.Resolution No. 2011-R-21 – Amending the By-Laws of the Library Board Assistant City Attorney Doran read Resolution 2011-R-21 into the record. City Manager Barlow made a staff presentation. Vice Mayor Bennington opened the public hearing. There were no public comments. Councilman Ignasiak expressed concern with technically under the new change if they decide not to have a meeting at all that there wouldn’t be any meetings during the year. He was comfortable with reducing the number of meetings but wanted at least one meeting per year identified. City Manager Barlow informed him the Council has jurisdiction over the by-laws and could make a motion to amend it to require a minimum of one meeting per year. Councilman Ignasiak felt that would be appropriate. Vice Mayor Bennington agreed they should be required to have one meeting in a twelve month period. Deputy City Clerk Bloomer explained the Library Board has a luncheon every year which always requires one or two regular meetings to plan for luncheon which was why she thought they didn’t specify at least one meeting. Vice Mayor Bennington identified it needed to specify at least one meeting in a twelve month period in their by-laws. Vice Mayor Bennington entertained a motion. Councilman Ignasiak moved to amend the regular meetings as scheduled by the Library Board to be held at the discretion of the Chairperson at least once in twelve months, second by Councilman Kennedy . The MOTION CARRIED 4-0 . 6 Council Regular Meeting November 7, 2011 D.Resolution No. 2011-R-22 – Approval of the Final Year End Budget appropriations for Fiscal Year 2010/2011 Assistant City Attorney Doran read Resolution 2011-R-22 into the record. City Manager Barlow made a staff presentation. Finance Director McKinney made a staff presentation on the final year end budget by going through a Powerpoint Presentation. Finance Director McKinney answered questions presented by Councilman Ignasiak with regard to the audit by identifying he still had quite a bit more work on revenue reconciliation. Finance Director McKinney answered questions presented by Councilman Cooper with regard to penalizing FPL & the State, who owes the City money. City Manager Barlow identified this not being uncommon, especially the State Revenue Sharing. He believed a couple of years ago none of the municipalities received their last payment. Mr. McKinney identified before Thanksgiving they have their final revenue from the State. Vice Mayor Bennington opened the public hearing. There were no public comments. Vice Mayor Bennington commented on what she has seen Mr. McKinney do with the budget since he has been Finance Director being amazing. She received her tax bill the other day and all she pays to Edgewater is $117.00 and commented on the service she receives from the City for that amount. City Manager Barlow commented on the Finance Director micromanaging the budget based on Council direction, clear through staff. Due to there being no further comments, Vice Mayor Bennington closed the public hearing and entertained a motion. Councilman Cooper moved to approve Resolution 2011-R-22, second by Councilman Kennedy . The MOTION CARRIED 4-0 . E.Resolution No. 2011-R-23 – Modifying the administrative fees to the Schedule of costs/fees relating to the City of Edgewater Code of Ordinances Assistant City Attorney Doran read Resolution 2011-R-23 into the record. City Manager Barlow made a staff presentation. 7 Council Regular Meeting November 7, 2011 Finance Director McKinney presented the final version of the Water/Sewer Utility Rate Study by going through a Powerpoint Presentation. He presented an overview of the Rate Study prepared by Burton & Associates. City Manager Barlow and Finance Director McKinney identified staff had looked at many alternatives. Everything Burton & Associates had done they put in Chapter 19 of the fee resolution, all of the residential, commercial, multi-family tier system base rates, etc. that were given to them by Burton & Associates. City Manager Barlow commented on two years ago staff anticipating, based on the increased costs of chemicals and power and everything else, the 6% and this being a rough projection at the time and discussion about having a qualified rate consultant come in and have it validated to see how close they were on. This validates a very legitimate comprehensive study. He spoke of having to secure debt for improvements to the Wastewater Plant. Vice Mayor Bennington opened the public hearing. The following citizen spoke: Linda Howard , 1819 Juniper Drive, presented her petition to Deputy City Clerk Bloomer. Ms. Howard stated she didn’t fully understand all of the jargon that was said. Councilman Kennedy figured out a Tier 2 average bill to have a $2.60 per month increase. He felt it allowed the City moving forward to, in 2014 $1.9 million is due then they are putting out a fire and raising the rates a lot more or raising taxes because somehow they have to come up with that money. He felt this was a small amount each month that makes it more affordable. They won’t be able to avoid paying that. Ms. Howard asked if this would be every year. Councilman Kennedy informed her every year until 2014 when it will change to 7.5% total. He further commented on having major replacement issues at the Wastewater Treatment Plant and are going to have to take on debt to take care of them. City Manager Barlow commented on it being a combination of the smoothing effect as well as experiencing increased costs. Vice Mayor Bennington indentified they are in the lowest percentage in Volusia County for the water and sewer bills. Councilman Cooper commented on the infrastructure expense coming at them like a freight train and spreading it out over a five to ten year period rather than nail the taxpayer with it on an emergency basis. This was the least painful way to start building the pot to cover the 8 Council Regular Meeting November 7, 2011 infrastructure and make sure they are up to speed so they can provide the service everybody is going to demand. Councilman Cooper questioned changing the line items now so the money goes to the particular area the infrastructure is going to be needed. City Manager Barlow explained this was not all to do with infrastructure. This was maintaining cost of treating the water and the daily R and R. He further explained it was line itemed out. Charles Egbert , 1224 Travelers Palm Drive, spoke of being retired and being on a fixed income and the price of everything going up. He spoke of the higher cost for sewer than water. City Manager Barlow identified treating the sewer costs more than treating the water. Mr. Egbert felt people drink a lot of water and it isn’t necessarily going down the sewer. City Manager Barlow identified there was no meter on the sewer. He felt if it was metered it would cost Mr. Egbert more than the $28.00 he previously mentioned. He spoke in opposition to the rate increase. Councilman Kennedy further commented on the reason for the difference in cost to treat water and sewer. He spoke of the cost to operate the facilities and how they come up with the rates. City Manager Barlow spoke of there being two separate run operations. It costs a whole lot more money to operate a Wastewater Treatment Plant and further commented on having a gravity sewer system and how it works. Vice Mayor Bennington felt what Mr. Egbert was saying was to a customer if the water costs were the same as the sewer costs they could understand it and was questioning why they couldn’t average it out. They can’t because of the accounting for it. City Manager Barlow also identified having some customers that have water only. Mr. Egbert spoke of people pricing themselves out of the market and people doing what they have to do to survive. He felt this was really hurting the seniors on fixed incomes. Councilman Cooper pointed out they lowered the ad valorem this year and if they calculate out the rate increase, they would find it is almost identical to what they lowered the ad valorem taxes. City Manager Barlow identified Ms. Dewees Department was proactive in trying to circulate information that would help with conservation of water which would help with the bills as well. Ms. Howard commented on complaints she received while collecting signatures regarding if a tenant runs up a bill and leaves town, the owner would be responsible for the water bill. Vice Mayor Bennington informed her they would be discussing that issue at their next meeting. 9 Council Regular Meeting November 7, 2011 Ms. Howard identified she had sympathy for the gentleman. She also questioned someone still having to pay a minimum bill whether they use the service or not. Vice Mayor Bennington informed her the minimum bill is required because the space is reserved for that residence. She then encouraged her to come to the next meeting. Elizabeth Donahue , 3326 Umbrella Tree Drive, asked why the City was using so much chlorine. City Manager Barlow identified recently they had to do a burn. Environmental Services Director Brenda Dewees explained every once in a while they have to do a chemical burn. They change the disinfection process at the treatment plant and go from a combined chlorine to a free chlorine atmosphere. This started approximately five weeks ago and had just switched back last week. Ms. Donahue shouldn’t be experiencing any high chlorine smell in her house at this point. She would have someone come out and check her home tomorrow. City Manager Barlow identified the burn as being part of a mandate every so often. Every City has to go through that process and the water is regulated by the State. Vice Mayor Bennington closed the public hearing and entertained a motion. Councilman Cooper moved to approve Resolution 2011-R-23, second by Councilman Kennedy . The MOTION CARRIED 4-0 . 9.BOARD APPOINTMENTS There were no Board Appointments at this time. 10.OTHER BUSINESS A.Steve Holmes, agent for the Edgewater Rotary, requesting the permit fee be waived for a Special Activity Permit for the Edgewater Rotary Cow Meadow Bingo event to be located at the Edgewater Ranch at the Southeast corner of the I-95 and S.R. 442 Intersection City Manager Barlow made a staff presentation. Vice Mayor Bennington asked if staff was prepared to give them the aid that they need. City Manager Barlow informed her yes. They would coordinate as they did last year. Vice Mayor Bennington questioned waiving the fee every year for them. City Manager Barlow believed they paid last year because they were late coming before Council for a waiver. 10 Council Regular Meeting November 7, 2011 Councilman Cooper spoke of the support given to Edgewater by the Rotary such as the Easter Egg Hunt. If they can help the Rotary, they would be more than happy to waive the special activity permit. Councilman Cooper made a motion to waive the Special Activity Permit fee for the November 12, 2011 Edgewater Rotary Cow Meadow Bingo event with the exception that Mr. Barlow brought up that they will also help with the bleachers and anything else they may need, second by Councilman Ignasiak . The MOTION CARRIED 4-0 . B.Affirmation of the Construction Board of Adjustment and Appeals Order of Condemnation of a structure located at 1017 th 36 Street City Manager Barlow made a staff presentation. City Manager Barlow addressed concerns expressed by Councilman Ignasiak with regard to the City being stuck with it and a homeowner not being able to get a mortgage unless they have insurance on the house and they don’t know if the homeowner took the insurance check and decided to walk away and not reinvest it in the house and pocketed it and left the City stuck with it. City Manager Barlow pointed out the bank knows and that is usually what happens. That is a civil matter. Councilman Cooper asked Assistant City Attorney Doran if they had looked this inside and out to make sure they aren’t getting into any liability problem. Assistant City Attorney Doran stated his office handled it and they recommend they proceed forward with it. Councilman Ignasiak felt they would have a liability if they left it at is and didn’t tear it down. City Manager Barlow explained it had been one year and commented on having to reorganize the Construction Board of Adjustments and Appeals. They are now back together and can expedite future projects if need be. The following citizen spoke: th Thomas Mulligan , 1111 36 Street, asked if Council proceeded tonight when something would commence. City Manager Barlow explained they had a contractor on standby and was hoping to be in within a week or so to demolish it. There was a brief discussion regarding the whole lot being cleared, including the above ground swimming pool. 11 Council Regular Meeting November 7, 2011 Due to there being no further comments, Vice Mayor Bennington entertained a motion. Councilman Cooper made a motion to approve the condemnation and th demolition of the single family home structure located at 1017 36 Street, second by Councilman Ignasiak . The MOTION CARRIED 4-0 . 11.OFFICER REPORTS A.City Clerk Deputy City Clerk Bloomer had nothing at this time. B.City Attorney Assistant City Attorney Doran had nothing at this time. C.City Manager City Manager Barlow commented the Economic Development Board planning th a workshop for the businesses in Edgewater on January 10 at 6:00 p.m. at Council Chambers which will be titled “How Can We Make Things Better”. He commented on what would be discussed and who would be attending. City Manager Barlow reminded Council of the upcoming Christmas rd parades. New Smyrna Beach’s parade is on December 3 and Edgewater’s th parade is on December 10in the morning and Oak Hill’s parade is on th December 10 in the afternoon. Councilman Cooper stated more candy. City Manager Barlow commented on an e-mail sent by Mr. McIntosh, who has been representing Edgewater, describing the Viva 500 and a meeting to be held tomorrow at 10 a.m. at Volusia County. He encouraged Council to keep in touch with Mr. McIntosh on the status of those planning sessions if they weren’t able to make the meeting. Vice Mayor commented on having a lot of candy left over from the Edgewater Police Volunteer Association from the Trunk or Treat that she would bring to Leisure Services Director Jack Corder. Councilman Cooper thanked City Manager Barlow, Environmental Services Director Dewees and Leisure Services Director Corder’s people. He had a request from the Volusia County School Crossing Guards. The problem was fixed within a couple of days. He then spoke of a gentleman on Marion Avenue that thanked him for patching the hole but they used dirt and it was coming out already. They recognized the fact that they responded immediately to a citizen request. 12 Council Regular Meeting November 7, 2011 12. CITIZEN COMMENTS There were no Citizen Comments at this time. 13. ADJOURNMENT • There being no further business to discuss, Councilman Ignasiak moved to adjourn. The meeting adjourned at 7:42 p.m. Minutes submitted by: Lisa Bloomer, CMC Attest: APPROVED: ity of Edgewater, 'iorida AltP 01.11v. 111 ' _ _ ►, �� tt Bonnie Wenzel, City Clerk M chael L. Thomas, Mayor rr� 13 Council Regular Meeting November 7, 2011