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12-05-2011 - Regular CITY COUNCIL OF EDGEWATER REGULAR MEETING DECEMBER 5, 2011 6:00 P.M. COUNCIL CHAMBERS MINUTES 1. CALL TO ORDER Mayor Thomas called the Regular Meeting to order at 6:01 p.m. in the Council Chambers. INVOCATION, PLEDGE OF ALLEGIANCE There was a pledge of allegiance to the Flag. Mayor Thomas asked Pastor Dave Wayne to come forward and announced he was deviating from the normal meeting for a few minutes. Pastor Wayne gave the invocation and said a prayer in remembrance of Councilman Cooper. At this time, everyone seated at the dais placed a rose at the seat of Councilman Cooper while a photo presentation was being played. Mayor Thomas commented on how passionate and helpful Councilman Cooper was. He mentioned some of the organizations he was involved with. He spoke of the reports given by Councilman Cooper under his report. He was always trying to find a way to save the taxpayers' money. He would be sorely missed. Mayor Thomas then presented Barb Kowall, Councilman Cooper's longtime girlfriend, and Councilman Cooper's family with a plaque honoring Councilman Cooper for his dedication to the City. Mayor Thomas called a five - minute recess after which they would resume with the Regular Meeting. ROLL CALL Mayor Michael Thomas Present Councilman Justin Kennedy Present Councilwoman Gigi Bennington Present Councilman Michael Ignasiak Present Council Seat District 4 Vacant City Manager Tracey Barlow Present City Clerk Bonnie Wenzel Present Assistant City Attorney Michael Ciocchetti Present 1 Council Regular Meeting December 5, 2011 City Clerk Wenzel recognized Council Seat District 4 was vacant due to the passing of Councilman Ted Cooper. Mayor Thomas recognized County Councilwoman Joie Alexander was present and wanted to say something about Councilman Cooper. County Councilwoman Alexander spoke of serving with Councilman Cooper. It is really going to be a great loss. He was always professional and extremely passionate for anything he believed in. She expressed the County Council's sincere sympathy to the family, friends and to the City. 2. APPROVAL OF MINUTES There were no Minutes to be approved at this time. 3. PRESENTATIONS /PROCLAMATIONS /PLAQUES /CERTIFICATES /DONATIONS A. Presentation of a plaque to Jo Hagen for her dedication in maintaining the native garden at Menard -May Park Mayor Thomas read and presented Jo Hagen with a plaque. Jo Hagen spoke of doing this for ten years. She then shared how she got started with this. The Edgewater Landing Garden Club helped for the first six months. It is an honor for her to take care of the park. She feels the City should be proud of Menard -May Park. B. Presentation of certificates of appreciation and recognition of all students who participated in the 2011 Haunted Forest Mayor Thomas asked Kendra Blazi to approach the podium. Mayor Thomas asked the children that participated in the 2011 Haunted Forest to stand up at which time they received a round of applause. C. Edgewater Expo Inc, President Butch McCracken, March 30 - April 1 - Edgewater Expo 2012 City Manager Barlow referred to the rough agenda he provided to Council at the dais with regard to the Edgewater Expo 2012. Butch McCracken provided an update regarding the upcoming Edgewater Expo. He identified that as of this year Edgewater Expo Inc. was now a not for profit organization. Councilman Kennedy loved the idea of incorporating Menard May Park into this event. 2 Council Regular Meeting December 5, 2011 City Manager Barlow identified this was an effort to market Edgewater when it first started. They were pretty excited about this event. 4. CITIZEN COMMENTS The following citizens spoke: Larry Volenak, Area Manager, Florida Power & Light, provided an update that Bob Coleman retired and that he was now handling Flagler County and Volusia County. He identified that Matt Lott continued to be the FPL dedicated governmental accounts representative. He urged Council to contact him if they should have any issues that don't get resolved to the City's satisfaction. Mr. Volenak then presented an update on projects and activities that are occurring with FPL. Shirley Boyce, asked Council's indulgence to review and assist them with the sign ordinance. She had a serious situation with tenants in her commercial buildings. She asked that they not change the rules but maybe relax them a bit with regard to sandwich signs. She suggested if they could somehow work it in, in a business and professional way, that they could allow a sandwich sign on the street to be put out in the morning and picked up in the evening. She spoke of a tenant of her that has been in business for one month. They had a sign on the street and Code Enforcement came and made them pick it up. They haven't had any business since the sign was picked up. She spoke of trying to encourage business to come to Edgewater, not chase it away. Councilwoman Bennington spoke of not having an ordinance against the leprechauns. City Manager Barlow stated not yet. Ms. Boyce identified one of her tenants informed her when the City took away her leprechaun she was closing her business. Rachel Merigan, Lulu's Pet Spa, identified she opened her business on November 1 and has had no new customers since she had to remove the sign. This is her livelihood. She asked the Council to help so she can start her business. She doesn't want it to be over before it gets started. City Manager Barlow spoke of the Council recently updating and amending their sign code. He didn't recommend at this point that they go back and revisit that. He further spoke of the concern and reasons that led to the removal of the sandwich signs being complaints from businesses and residents that wanted to clean up that Ridgewood corridor. He made mention of the Council not having any jurisdiction or authority to authorize the sandwich signs being placed in the DOT right -of -way on U.S. #1. 3 Council Regular Meeting December 5, 2011 There was a discussion at this time regarding areas identified at the meeting that was held regarding the Ridgewood corridor. City Manager Barlow referred to the signs at Holmes Autoworks and Bengal's Produce. Councilman Ignasiak pointed out if DOT tears up the front part of your street, they will buy a sandwich sign and put it out there until they are finished. He spoke of running into this with a lot of the business owners on Ridgewood which was more along the lines of operational costs. He commented on the cost of advertising in the newspaper and other publications and putting flyers out as opposed to the one -time cost of a sandwich sign. He was looking at the sandwich signs more as a temporary reprieve during hard economic times to allow start up businesses and small businesses the opportunity to advertise and get established in the community. He spoke of giving the small businesses a temporary exception to establish a business. Councilman Kennedy presented his ideas of what he has been exploring with regard to temporarily permitting sandwich signs. He felt they had to be creative and figure out ways for businesses to promote themselves. He offered to look into this further if Council wanted him to. He then suggested the small businesses take advantage of the Business Expos in the area. Councilman Ignasiak identified he wasn't interested in modifying their codes and ordinances on signs but he was interested in looking at an opportunity to create a temporary exemption. He felt the Code they had was very professional. City Manager Barlow explained even if they do a temporary exemption with a time certain it would have to go through the ordinance process which is two readings. Councilwoman Bennington asked Councilman Ignasiak if he had heard about selective enforcement. That is an easy way to handle the situation until they do something about it. She wasn't saying they should do that. Mayor Thomas asked if Code Enforcement was complaint driven. City Manager Barlow identified they have taken a proactive approach and have gotten more compliments. Councilwoman Bennington felt it wouldn't be fair to the businesses that have put up expensive signs. Councilman Ignasiak felt this was an avenue to stimulate business. Mayor Thomas asked Councilman Kennedy if he was going to put something together and bring it back to Council. Councilwoman Kennedy informed him he would. 4 Council Regular Meeting December 5, 2011 5. APPROVAL OR CHANGES /MODIFICATIONS TO THE AGENDA There were no Changes /Modifications to the agenda at this time. 6. CITY COUNCIL REPORTS Councilman Ignasiak had nothing at this time. Councilman Kennedy reported on the Parent /Daughter dance the Scholarship Committee had been working on. The dance would be held February 11 at the YMCA and was being called "The Princess Ball ". He spoke of also looking into an event for the boys. Councilman Kennedy then identified the County had passed the local preference ordinance, which he would like to see in Edgewater. He liked the idea of using local contractors. City Manager Barlow offered to bring a draft back to Council if that was something a majority of the Council wanted. He then asked if they only wanted to keep it within Volusia County. Councilman Ignasiak expressed concern with their only being one service provider in Volusia County. He felt there would have to be exceptions. City Manager Barlow commented on how Volusia County's ordinance addresses sole source providers. Councilwoman Bennington had nothing at this time. Mayor Thomas asked Council if they had all received the 2012 Volusia League of Cities nomination for Distinguished Service Awards. He then recommended they nominate Bob McIntosh as the Citizen of the Year, Jimmy Martin and David Soltz as Employee of the Year, and Tracey Barlow as City Manager of the Year. Mayor Thomas received a blessing from Council on his four nominations. 7. CONSENT AGENDA A. Authorization for the Mayor to execute FY 2012 Criminal Justice Grant documents for the purchase of police equipment B. Authorization for the City Manager to execute a contract with Gulf Coast Contracting, LLC for the painting services at the Water Treatment Plant and make the appropriate budget amendment C. Approval of Lease Agreement for copiers with Dex Imaging and authorization for the City Manager to execute the Lease Agreement documents 5 Council Regular Meeting December 5, 2011 Councilman Kennedy moved to approve the Consent Agenda, second by Councilwoman Bennington. The MOTION CARRIED 4 -0. 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 2 Reading, Ordinance No. 2011 -0 -15 - Amending and Restating Article III (Permitted, Conditional, Accessory and Prohibited Uses) of the Land Development Code Assistant City Attorney Ciocchetti read Ordinance 2011 -0 -15 into the record. City Manager Barlow made a staff presentation by identifying the proposed amendments and answered a question presented by Councilman Ignasiak with regard to grandfathering. Mayor Thomas opened the public hearing. The following citizens spoke: David Butler, 2932 Travelers Palm Drive, has a boat that he planned on buying a canopy for to protect his investment. He has a typical Florida Shores lot and identified there was no way for his boat to be moved to the back or side yard. He wanted Council to reevaluate their decision on the canopies /temporary carports. Councilman Kennedy identified these were the temporary $200 carports. If he is going to put in one of the metal permanent, engineered, permitted carports, he could do that. Mr. Butler identified he was going to get one of the temporary carports. There was further discussion regarding the setbacks. Due to there being no further discussion, Mayor Thomas entertained a motion. Councilwoman Bennington moved to adopt Ordinance 2011 -0 -15, second by Councilman Ignasiak. The MOTION CARRIED 4 -0. B. 1 Reading, Ordinance No. 2011 -0 -17 - Amending and Restating Article III (Permitted, Conditional, Accessory & Prohibited Uses), Section 21 -37.05 (Special Activity Permit Criteria) of Chapter 21 (Land Development Code) Assistant City Attorney Ciocchetti read Ordinance 2011 -0 -17 into the record. 6 Council Regular Meeting December 5, 2011 City Manager Barlow made a staff presentation. Due to there being no Council or public comments, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilman Ignasiak moved to approve Ordinance 2011 -0 -17, second by Councilwoman Bennington. The MOTION CARRIED 4 -0. C. 1 Reading, Ordinance No. 2011 -0 -18 - Chapter 12.5 (Parks and Recreation), Article I (In General) of the City of Edgewater Code of Ordinances Assistant City Attorney Ciocchetti read Ordinance 2011 -0 -18 into the record. City Manager Barlow made a staff presentation. Due to there being no Council or public comments, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilman Ignasiak moved to approve Ordinance 2011 -0 -18, second by Councilman Kennedy. The MOTION CARRIED 4 -0. 9. BOARD APPOINTMENTS There were no Board Appointments at this time. 10. OTHER BUSINESS A. Authorization to piggyback the Utilities Commission, City of New Smyrna Beach bid for Lime Residuals(wet) hauling, authorization to enter into an agreement with Baker's Transport Services and authorization for the City Manager to execute the document and approve the associated budget amendment City Manager Barlow made a staff presentation. City Manager Barlow and Environmental Services Director Brenda Dewees answered questions presented by Councilwoman Bennington and Councilman Kennedy. Due to there being no Council or public comments, Mayor Thomas opened and closed the public hearing and entertained a motion. 7 Council Regular Meeting December 5, 2011 Councilwoman Bennington made a motion to authorize the City Manager to execute the document to piggyback on the Utilities Commission New Smyrna Beach for the bid for the Lime Residues with the appropriate associated budget amendment, second by Councilman Ignasiak. The MOTION CARRIED 4 -0. B. Request to approve Settlement Agreement with State Department of Health Bureau of Emergency Medical Services reference Case #2011 -08566 and authorization for the Mayor to execute said Agreement City Manager Barlow made a staff presentation and answered questions presented by Councilwoman Bennington. Councilman Ignasiak mentioned nominating Fire Chief Cousins as Employee of the Year. Due to there being no public comments, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilwoman Bennington moved to accept the Settlement and reimburse Fire Chief Cousins, second by Councilman Kennedy. The MOTION CARRIED 4 -0. C. Authorization for the City Manager to execute the Loan Agreement annulment for the Water Supply Wells City Manager Barlow made a staff presentation. Due to there being no Council or public comments, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilwoman Bennington moved to follow the City Manager's recommendation and annual the Loan Agreement for the Water Supply Wells, second by Councilman Ignasiak. The MOTION CARRIED 4 -0. D. Authorization for the City Manager to execute a work order to Quentin L. Hampton Associates, Inc. for engineer of record services for the 30 Street Sidewalk Project City Manager Barlow made a staff presentation. Councilman Ignasiak commented on why he felt this was a fabulous idea. Councilman Kennedy suggested naming the sidewalk after Councilman Cooper. Councilman Ignasiak felt that would be an appropriate option 8 Council Regular Meeting December 5, 2011 to explore. City Manager Barlow identified the sidewalk as being in Councilman Cooper's neighborhood and he was a strong advocate for sidewalks in Florida Shores. He agreed to consider bringing that back in a resolution form. He estimated construction would take between nine months and a year. Due to there being no public comments, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilwoman Bennington moved to approve the engineer of record services for the 30 Street Bike Path Project with the appropriate budget amendment, second by Councilman Ignasiak. The MOTION CARRIED 4 -0. E. Award the Bid to Tomoka Construction Services, Inc., for the construction of the 30 Street Sidewalk project and authorization for the City Manager or Mayor to execute the contract City Manager Barlow made a staff presentation. Due to there being no Council or public comments, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilman Kennedy moved to approve the bid to Tomoka Construction Services for the construction of the 30 Street Sidewalk and authorize the City Manager or M to execute the contract, second by Councilman Ignasiak. The MOTION CARRIED 4 -0. F. Authorization for the City Manager to execute a work order to B &H Consultants, Inc., for construction inspection assistance for the 30 Street Sidewalk project City Manager Barlow made a staff presentation. Due to there being no Council or public comments, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilwoman Bennington moved to approve, second by Councilman Kennedy. The MOTION CARRIED 4 -0. 11. OFFICER REPORTS A. City Clerk 9 Council Regular Meeting December 5, 2011 City Clerk Wenzel informed Council on Wednesday she had a meeting with Supervisor of Elections Ann McFall to discuss the Special Election they would have due to the passing of Councilman Cooper, which had to be held between January 30 and February 28th per the Charter. There was a brief discussion regarding there being a cost associated with the Election and Councilman Kennedy resigning to run for County Council. Councilman Kennedy identified they wouldn't have to have a Special Election to fill his seat because of when his resignation would be effective. City clerk Wenzel agreed to keep everyone informed. Councilwoman Bennington questioned if someone was interested in running if they could pull their papers now or if City Clerk Wenzel wanted to wait until after her meeting with Ms. McFall. City Clerk Wenzel identified she would prefer if they could wait. Councilwoman Bennington suggested as soon as she knew the information that it be posted on the City's website. B. City Attorney Assistant City Attorney Ciocchetti reported that City Attorney Wolfe was still in trial in Miami but thought he should be done this week and should be at the next Council meeting. C. City Manager City Manager Barlow commented on the requirement of the employment contracts to complete annual evaluations for the City Manager and City Clerk. He asked Council to complete them and either schedule an appointment to meet with each of them or sign them and turn them back into the Personnel Director. City Manager Barlow then referred to the list of City Council Accomplishments from 2011 and the City of Edgewater 2011 Project Goals he provided to Council. Councilwoman Bennington referred to the 2011 Project Goals and felt they needed to change "Identify location and begin planning an animal park" and to put in finish animal park. City Manager Barlow understood she wanted to put a priority on that goal. He informed Council they could remove some of the goals if they felt they weren't in the spirit of the direction of the community as well. He encouraged Council to meet with him individually if they wanted to talk about specific goals. Mayor Thomas reminded Council there were a lot of other categories in the Employee of the Year and the Citizen of the Year. He urged them to bring suggestions back at the next Council meeting. 10 Council Regular Meeting December 5, 2011 12. CITIZEN COMMENTS There were no Citizen Comments at this time. 13. ADJOURNMENT There being no further business to discuss, Mayor Thomas adjourned the meeting. The meeting adjourned at 7:31 p.m. Minutes submitted by: Lisa Bloomer, CMC Attest: APPROVED: City of Edgewater, Florida Bonnie Wenzel, City Clerk Michael L. Thomas, Mayor 11 Council Regular Meeting December 5, 2011