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02-13-2012 - Regular CITY COUNCIL OF EDGEWATER REGULAR MEETING FEBRUARY 13, 2012 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 Council Seat District 4 Vacant City Manager Tracey Barlow Present City Clerk Bonnie Wenzel Present City Attorney Aaron Wolfe Present City Clerk Wenzel recognized Council Seat District 4 was vacant due to the passing of Councilman Ted Cooper. INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. 2. APPROVAL OF MINUTES A. Special Meeting of December 12, 2011 Councilwoman Bennington moved to approve the December 12, 2011 Special meeting minutes, second by Councilman Ignasiak. The MOTION CARRIED 4 -0. 3. PRESENTATIONS /PROCLAMATIONS /PLAQUES /CERTIFICATES /DONATIONS A. Jason Floyd, Volusia Growth Management Commission (VGMC) Member, providing an update on VGMC matters Jason Floyd, VGMC Member, 2759 Date Palm Drive, thanked Council for having him tonight and for giving him an opportunity for the past two years to serve on the VGMC, which has been a very unique and eye opening experience. 1 Council Regular Meeting February 13, 2012 Mr. Floyd reported that 2011 and 2012 so far had been a pretty docile year due to the lack of growth. In 2011 they had a total of 59 amendment applications, 10 large scale and 49 small scale. Each application was certified as consistent and without the need of any public hearing. They only met a handful of times within the past year. Mr. Floyd reported on the two matters that had come up recently with regard to the Farmton Case and Edgewater Restoration. Mayor Thomas thanked Mr. Floyd for the update. Councilwoman Bennington thanked him for serving on the VGMC for the past two years. 4. CITIZEN COMMENTS The following citizen spoke: Jim Hathaway, 58 Cunningham Drive, New Smyrna Beach, New Smyrna Beach City Commissioner and President of Volusia League of Cities, reminded Council this Wednesday was Volusia Day in Tallahassee. Mr. Hathaway stated February 24 was the last day nominations would be accepted for Employee of the Year through the VLOC. They would be having the Annual Awards Banquet on May 24th in New Smyrna Beach. 5. APPROVAL OR CHANGES /MODIFICATIONS TO THE AGENDA City Manager Barlow pulled Item 10D from the agenda and stated he would place it on the agenda at a later time. 6. CITY COUNCIL REPORTS Councilman Kennedy reported on `The Princess Ball" being a tremendous success. He estimated 350 to 400 people attended. This would be the first year the City would be able to present a scholarship to an Edgewater student. He would like to make this an annual event. Councilman Kennedy commented on following the news with regard to New Smyrna Beach and the Advisory Boards and the CRA. If they look at the problems they are having, he feels it is a lack of oversight, which has caused him to look inside the City of Edgewater to make sure the City doesn't have those problems here as well. Councilman Kennedy spoke of attending an Economic Development Board meeting a couple of weeks ago. He was totally taken aback by the lack of decorum and the lack of respect that was exhibited by the Chairman of the Economic Development Board. So much so he thought about it the rest of the day and the next day so he did extensive background interviews with everybody on the Board and other people throughout the community and he has come to the consensus that Chairman Lott does not 2 Council Regular Meeting February 13, 2012 exhibit the high enough standards they should impose on their appointed City people. He felt the burden fell on Council to act on removing him from the Advisory Board. He felt they had a lot of good talent in the City. This is not a personal vendetta with him. He happens to like the man but doesn't know him very well. Councilman Kennedy moved that they remove Chairman Lott from the Economic Development I3oard. He then withdrew the motion for discussion. Mayor Thomas reported on being to several Economic Development Board meetings and he had never observed that but he hadn't been to one in a while. Councilman Kennedy spoke to seven of the nine Board members and every one of them said the same thing. The City Manager doesn't have the authority to remove board members. Nobody but the Board itself or the Council has the authority. Mayor Thomas wanted to do an investigation by himself and interview the Board members because he did not feel comfortable voting on this. Councilman Kennedy felt if they drag this out, it just makes it more unbearable on that Board and on Mr. Lott. Mayor Thomas stated if it did occur, isn't everybody subject to mistakes? He thought this may be a wakeup call to him if he was doing such things to act in a better manner. Councilman Kennedy spoke of this not being a knee jerk reaction. He spent two weeks researching this. He then identified the members on the Board. Mayor Thomas felt part of the problem was the economic times. Councilman Kennedy then commented on the productivity of the Board and their mission being to cultivate the industrial businesses. Councilman Ignasiak informed Councilman Kennedy he trusted his analysis and that he finds this very troubling. He questioned if the Board asked for his resignation at any point in time as a result of what is going on? Councilman Kennedy stated his take on it is that they are being bullied and are scared to come forward. Councilman Ignasiak felt if that was the case, they needed to act and act now. Councilwoman Bennington stated she had a problem with a board that wouldn't stand up to the Chairman. If the other eight people don't have the intestinal fortitude to call him down, then they are at fault too. They need a strong board to stand up to leadership that is not going in the direction that Board wants them too. How can one man on a board intimidate eight influential business people? Councilman 3 Council Regular Meeting February 13, 2012 Kennedy spoke of Mr. Lott being the Chairman for 10 years and the influence he has. He was told there was a perfectly good candidate for that Board and :it was told to them that Mr. Lott didn't like that gentleman and to not ask him to be on the Board. He then spoke of the boards being subject to the Sunshine Law. Councilwoman Bennington stated if they don't have a Board that will stand up to the leadership then what is the purpose of the Board. Why have the Board if it is all going to be directed into what he perceives it to be. Councilman Kennedy felt new leadership would bring results. Councilwoman Bennington felt it was so hard to get people on that Board. Councilwoman Bennington asked Councilman Kennedy if he had gone to other boards and done the same due diligence that he had done for this Board. Councilman Kennedy informed her he had not yet and that he had just started last month but he would and if Council did too. Councilwoman Bennington reported she used to go to all of the different board meetings on a regular basis but hadn't done that for a lot of different reasons. Councilman Kennedy made a motion to remove Chairman Lott from the Economic Development Board, second by Councilman Ignasiak. Councilwoman Bennington asked Councilman Kennedy if he had talked to Mr. Lott about this. Councilman Kennedy informed her he had not and weighed that decision very carefully. The MOTION CARRIED 3 -1. Mayor Thomas voted NO. Councilwoman Bennington asked if from this point forward every month they would have a report on a board. Councilman Kennedy suggested under this guise, they should do a rotation where each of the Councilmembers attends a board meeting. He also suggested hav2rig a meet and greet with the Council and all of the board members. He would like the Advisory Boards to come and advise them once in a while. They seldom see them. Councilwoman Bennington spoke of when the City used to have a banquet for the volunteers and suggested they have coffee one afternoon or one evening and invite the boards to come and meet them. City Manager Barlow suggested he could coordinate an evening workshop, coordinating all of the boards to come in, so Council has an opportunity to meet each one of them. Give them a few minutes to describe their board. They will talk about their purpose and their mission and give them further direction to make sure they are going in the direction the Council wants them to go. He agreed if it was the 4 Council Regular Meeting February 13, 2012 consensus of Council to start putting it together to happen in the April -May timeframo. Mayor Thomas stated he was shocked and would start attending as many meetings as possible. He asked City Clerk Wenzel to provide him with the times and dates of all of the Board meetings, which she agreed to do. Councilman Kennedy commented on being as guilty as the rest of the Council for not being involved to the point they are ultimately responsible for thL boards. Councilwoman Bennington felt they needed to give them direction and if they never have contact with them, how can they direct them. They used to get the minutes but they don't get those anymore. Councilman Ignasiak agreed they should be out attending the board meetings to find out what the issues were and to make sure they don't wait until something boils over and pops up. He felt they should all share the responsibility of going to the different meetings. Mayor Thomas had nothing at this time. 7. CONSENT AGENDA A. Approval of the contract with Exum Energy to provide fuel, piggybacking the City of Orange City Bid Councilwoman Bennington moved to approve the Consent Agenda, second by Councilman Kennedy. The MOTION CARRIED 4 -0. 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 1 Reading, Ordinance No. 2012 -0 -01 - Amending Articles II (Definitions) and III (Permitted, Conditional, Accessory and Prohibited Uses) regarding the regulation of pain clinics City Attorney Wolfe read Ordinance 2012 -0 -01 into the record. City Manager Barlow made a staff presentation and recommended approval. Mayor Thomas opened the public hearing and asked for Council comments. Councilwoman Bennington referred to Page II -9, chronic non - malignant pain and asked where they got the definition. Development Services Director Darren Lear informed her from one of the South Florida Code of Ordinances he researched. Councilwoman Bennington felt it was very 5 Council Regular Meeting February 13, 2012 specific. City Manager Barlow described why it had to be and the research that was done by previous City Attorney Ansay, who resided in the South Florida area. Councilwoman Bennington spoke of TV shows that comment about all of the illegal drugs and the pain clinics coming from Florida and this being a real problem. Councilman Kennedy commented on the people that think they need these pain killers becoming addicted to them and the pills being a horrible epidemic. City Manager Barlow explained Volusia County as a whole has really taken a forward step, including the municipalities. He further commented on having a task force through the Volusia League of Cities. Councilman Ignasiak asked if they currently had any pain clinics operating in Edgewater. City Manager Barlow informed him they did not and none in the permitting cycle either. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilwoman Bennington moved to approve Ordinance 2012 -0 -01, second by Councilman Kennedy. The MOTION CARRIED 4 -0. 9. BOARD APPOINTMENTS A. Recreation /Cultural Services Board - Mayor Thomas' appointment due to the expired term of Thomas Tipton, who seeks reappointment Mayor Thomas nominated Thomas Tipton to be reappointed to the Recreation /Cultural Services Board. Councilwoman Bennington moved to reappoint Thomas Tipton to the Recreation /Cultural Services Board, second by Councilman Ignasiak. The MOTION CARRIED 4 -0. B. Recreation /Cultural Services Board - Councilman Kennedy's appointment due to the expired term of Michael Visconti, who seeks reappointment Councilman Kennedy moved to reappoint Michael Visconti to the Recreation /Cultural Services Board, second by Councilwoman Bennington. The MOTION CARRIED 4 -0. 6 Council Regular Meeting February 13, 2012 C. Animal Control Board - Mayor Thomas' appointment due to the expired term of Mary Wenderoth, who seeks reappointment Mayor Thomas nominated Mary Wenderoth to be reappointed to the Animal Control Board. Councilwoman Bennington moved to reappoint Mary Wenderoth to the Animal Control Board, second by Councilman Ignasiak. The MOTION CARRIED 4 -0. D. Animal Control Board - Councilman Kennedy's appointment due to the expired term of Donna Wagner, who seeks reappointment Councilman Kennedy moved to reappoint Donna Wagner to the Animal Control Board, second by Councilman Ignasiak. The MOTION CARRIED 4 -0. E. Animal Control Board - Councilwoman Bennington's appointment due to the expired term of Karen Mason, who seeks reappointment Councilwoman Bennington moved to reappoint Karen Mason to the Animal Control Board, second by Councilman Ignasiak. The MOTION CARRIED 4 -0. Councilwoman Bennington stated they are just going through and reappointing people who have been on the boards for a long time. She felt that in itself can create the problem Councilman Kennedy was talking about. She felt they ought to look at doing something about how they appoint board members that have been on the board for a lot of years. Mayor Thomas felt if they had a good member that served x- number of years and still wants to serve on the board he didn't have anything against that. He felt they should go to the meetings and see how the boards are doing first. Councilwoman Bennington felt when they were going to the board meetings they needed to consider looking at that. 10. OTHER BUSINESS A. Staff requesting approval to amend and restate the Personnel Policies and Procedures Manual in its entirety for General /non- Management Personnel City Manager Barlow made a staff presentation by highlighting the proposed changes and recommended approval. 7 Council Regular Meeting February 13, 2012 Mayor Thomas asked for Council comments. Councilman Ignasiak felt if this was something City Manager Barlow as comfortable with, then he was comfortable with it too. Councilwoman Bennington and Councilman Kennedy agreed. City Manager Barlow answered questions presented by Councilman Kennedy and Councilwoman Bennington. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilman Kennedy moved to approve the amended and restated Personnel Policies Manual in its entirety for General /Non - Management Personnel, second by Councilwoman Bennington. The MOTION CARRIED 4 -0. B. Staff requesting approval to amend and restate the Personnel Policies and Procedures Manual in its entirety for Management Personnel City Manager Barlow made a staff presentation and recommended approval. Due to there being no Council or public comment, Mayor Thomas entertained a motion. Councilwoman Bennington moved to adopt the Personnel Policies and Procedures Manual in its entirety for Management Personnel with the correction, second by Councilman Ignasiak. The MOTION CARRIED 4 -0. C. Staff requesting approval to amend and restate the Personnel Policies and Procedures Manual in its entirety for Supervisory Personnel City Manager Barlo,, made a staff presentation and recommended approval. Due to there being no Council or public comment, Mayor Thomas entertained a motion. Councilman Ignasiak moved to approve the amended and restated Personnel Policies and Procedures Manual in its entirety for Supervisory Personnel, second by Councilman Kennedy. The MOTION CARRIED 4 -0. 8 Council Regular Meeting February 13, 2012 D. Staff requesting approval to amend position classifications from Broad Band to Pay Grades This item was pulled from the agenda. E. Review of potential sites for the Dog Park City Manager Barlow made a staff presentation regarding the pros and cons of four potential parcels in Edgewater in which to locate a Dog Park; the Old Dump Site on Air Park Road, the corner of 26 Street & Hibiscus Drive, the Water Tower at 21 Street & Kumquat Drive, and part of the property at the Mango Tree Lake site. Mayor Thomas identified why he didn't like the landfill site and really liked the Mango Tree lake site. Councilwoman Bennington expressed concern with parking for the Mango Tree lake site and mixing people with dogs and other activities. She also felt this site was too close to the Animal Shelter and that people would dump dogs there. She further commented on why she liked the old dump site and the Hibiscus Drive site. She further commented on having to separate the big dogs from the little dogs. Councilman Ignasiak agreed with Mayor Thomas on the old dump site. He then identified why he didn't like the Mango Tree site as a dog park. He commented on why he was leaning towards the other two sites. Councilman Kennedy identified why he liked the Hibiscus site the best. City Manager Barlow confirmed what he heard tonight was they still wanted to do a park at Mango Tree lake but make it more of a fitness, all purpose park and do the dog park at the Hibiscus site. Councilwoman Bennington further commented on taking a lot of parking away from the actual trail if they put too much stuff in there at once. She agreed it would be a wonderful fitness and family area. Councilman Kennedy referred to the Hibiscus Drive site and elderly people who walk their dogs in the evening time that would feel safer with the Fire Station across the street. Mayor Thomas asked for public comment. The following citizen spoke: NoraJane Gillespie, 2263 Candlewood Lane, New Smyrna Beach, felt they would have better enforcement of cleanliness with the Hibiscus Drive site and that it was a grand location. She lives by the dog park in New Smyrna and commented on it being a mess. 9 Council Regular Meeting February 13, 2012 Councilwoman Bennington made a motion to do Hibiscus as number one and Mango as number two to conduct a further study to fund feasibility and cost, second by Councilman Ignasiak. The MOTION CARRIED 4 -0. F.)iscussion and direction to staff regarding any possible amendments to the sign regulations City Manager Barlow made a staff presentation and commented on addition l pictures taken by staff today showing areas outside of Edgewater that may not have regulations as stringent as we have showing :gin example of what it looks like in other areas. He then turned the presentation over to Councilman Kennedy who went through a Powerpoirt Presentation entitled "Creating Awareness for Local Businesses" by describing ideas he had come up with regarding how they could heJ.p the local businesses market their business. Councilman Ignasiak commented on advertising costs being expensive. He spoke of the sandwich boards being able to be used over again. He liked the idea of exploring temporary solutions to help businesses with advertising. Councilwoman Bennington spoke of the sign ordinance being an issue since 19';'2. It is constantly being brought up. She spoke of being conservaLive when it comes to government. She didn't feel it was government's responsibility to help businesses make more money. For every sign that is pulled up that is illegal, they get ten citizens that thank them for doing that. They want the City cleaned up and don't want all of the snipe signs and yard signs. She felt a holiday program would be taken advantage of. She also identified why she felt this would be an enforcement problem. There was a brief discussion regarding the bench advertising being done by <: private company and entering into a contract from which the City would receive a portion of those proceeds. Councilman Kennedy shared a lot of the concerns expressed but felt they shohld do something. Councilwoman Bennington expressed her concerns and feelings on each of the seven suggestions made by Councilman Kennedy regarding what they could do to help local businesses. There war, further discussion with regard to negotiating with property owners to lease space for "directory" signs. Councilwoman Bennington liked the idea of the "directory" sign on Guava Drive. 10 Council Regular Meeting February 13, 2012 Councilwoman Bennington thought they had planned on down the road to purchase one of the information signs for Hawks Park. City Manager Barlow thought that would be considered in next year's budget. Councilwoman Bennington questioned already having a sign code for future electronic sign demand. City Manager Barlow identified they recently amended the Code that gave direction. He thought Councilman Kennedy was talking about every business on U.S. #1 couldn't have an electron sign. There was further discussion regarding how they could tell a business they couldn't have an electronic sign. City Manager Barlow identified there were multiple options and presented some examples. Councilwoman Bennington didn't see a problem with delving into this more. Councilman Kennedy expressed concern with regard to Frosty King currently having an electronic sign and if Dustin's were to put up an electronic sign, a sign for Hawks Park would be out of the question. City Manager Barlow commented on the information sign being for events and not `!_o advertise businesses. There was further discussion regardinc what information would appear on an electronic sign at Hawks Park. Councilwoman Bennington didn't have a problem with having a workshop to explain the sign ordinance to the businesses and what they can and can't do and the problems with Code Enforcement and why it's not fair to let somebody do this and then somebody else do that. Councilwoman Bennington commented on Code Enforcement Officers being really good about picking up signs and if there is a name or phone number they will contact them to see if they want the signs back, which Councilman Kennedy felt was above and beyond. Councilwoman Bennington felt New Smyrna didn't have as stringent a sign ordnance as Edgewater does and people thinking if they come to Edgewater from New Smyrna that they can do what they did in New Smyrna in Edgewater. Mayor Thomas called a ten- minute recess at this time. He identified he would continue with public comment after the break. The meeting recessed at 7:36 p.m. and reconvened at 7:49 p.m. Mayor Thomas asked for public comment. The following citizens spoke: Gene Emter, 513 Portside Lane, was glad they passed the sign ordinance in the first place. He was enthralled that they were bringing it up again to revisit and take a look at what might be done to help the communit,'. He further spoke of trying to hit a lot of businesses on 11 Council Regular Meeting February 13, 2012 U.S. #1 and around Guava and Hibiscus. The sign issue is the number one issue at the ground level. He felt there was an obligation to help businesses as much as possible. He was impressed with Councilman Kennedy's list, which he felt covered a lot of territory and there were a lot of good ideas, some of which provide revenue back to the City. He felt the workshop was a great idea for communication. He further identified this as being a matter of timing. Mike Visconti, 316 Pine Breeze Drive, thanked the Council for reappointing him to the Recreation /Cultural Services Board. He then commenter; on bench signs, which he felt were ugly. He didn't feel signs were a great idea along the retention ponds. He further commented on the eyesores along U.S. 1 with regard to strip malls, which he felt should have one sign identifying each of the tenants. He felt they should beautify U.S. 1 since they are putting in sidewalks on U.S. 1. John Zino, 718 Navigators Way, felt it was really important for the Council to lead by example. He felt the City properties have many signs that should be in compliance with the Codes and be attractive, signs th,t would represent what they want to see in Edgewater. He further spoke of the City negotiating with vendors for signs that are appropriste and desirable for commercial centers around the community, which could be demonstrated on City properties. He felt the Council had an obligation, if there are compliance issues and there is a Code in effect, to fine people that don't come into compliance. He further spoke of having interaction with the business owners. Mayor Thcmas felt Councilman Kennedy did a good job. He felt this was a situation that needed to be addressed. Councilman Kennedy suggested narrowing down the ideas if there were items they definitely didn't want to do. Mayor Thomas suggested they hold a workshop. Councilman Ignasiak and Councilwoman Bennington agreed. Councilwoman Ignasiak suggested they have the City Manager look into the possibility of going back to the bench sic_ns and what type of revenue and what type of issues it may cause by identifying the pros and cons. City Manager Barlow agreed to work on .ome areas of concern with the contract and once this was finalized he would bring it to Council at the workshop. He also commenter, on having a vendor at the workshop to show some examples of signs. There was a brief discussion regarding the benches not being kept up and the k;enches changing a lot over the years and looking better than they used to. 12 Council Regular Meeting February 13, 2012 City Manager Barlow suggested having the Planning & Zoning Board coordinate a joint workshop between the Planning & Zoning Board and Council. Councilwoman Bennington would like to have some copies of the sign ordinance: available to the public. City Manager Barlow agreed to post a separate section on the website which would include three articles. Councilwoman Bennington also requested Code Enforcement to be included at the wcrkshop. Councilman Ignasiak asked who would select the Chairman of the Economic Development Board since the position was now vacant. City Manager 1'.arlow informed him that would go back to the Economic Development Board. Councilman Kennedy pointed out their by -laws indicate the Vice Chairman would be the standing Chairman. City Manager Barlow estimated the workshop would be held in March. He further c laborated on the importance of communication. 11. OFFICER REPORTS A. City Clerk Mayor Thcmas recognized they would be having a Special Election on February 28 He identified both candidates were in the audience and asked them to stand up, Gary Conroy and Gene Emter. Mayor Thcmas asked if the seat would be filled at the next meeting. City Clerk Wenzel informed him he was stealing all of her thunder as this was all going to be part of her report. City Clerk Wenzel stated there would be an election on February 28 All regular precincts would be open for voting from 7 a.m. to 7 p.m. They would need to have a Special Meeting on February 29 to certify the election and swear in the new Councilman unless they have issues with the Canvassing Board. She asked Council when they would like to hold the Special Meeting and suggested 5:00 p.m. She anticipated this would be a very short meeting. It was tie consensus of Council to hold the Special Meeting at 5:00 p.m. on 1ebruary 29 City Clerk Wenzel further explained the Canvassing Board would meet at 6:00 p.m. in Deland to do the absentee ballots. There wa: further discussion regarding absentee ballots being available now and there being a cutoff time for them to be mailed. B. City Attorney 13 Council Regular Meeting February 13, 2012 City Attorney Wolfe had nothing at this time. C. City Manager City Manager Barlow informed Council they would be having a workshop at 5:00 r.m. on March 5th regarding utility billing. City Manager Barlow then informed Council of the ribbon cutting on February 25 at 10 a.m. in Deltona for the opening of the first segment of the East Central Florida Regional Rail Trail that will work its way toward Edgewater. The Edgewater section was to be started in 2013 along with the overpass over S.R. 442. City Manager Barlow commented on having two positive articles in the Business Section of the News Journal with regard to the expansion of Viking Industries and ParkTowne Industrial Center on February 9 and today was an article regarding the East Coast Paddle, who manufacturers stand up paddle boards. City Clerh Wenzel commented on the meeting schedule with regard to whether to have one or two meetings per month and if they wanted to continue with the first meeting of the month. Mayor Thomas suggested they remsLn flexible unless they have too many agenda items. City Clerk Wei el confirmed they wanted to move forward the way they have been. 12. CITIZEN COMMENTS The following citizen spoke: Mike Visconti, 316 Pine Breeze Drive, commented on the article in the Shoreline:; about the rain barrels, which he felt was a very good article. He spoke of a meeting he attended with Mayor Thomas a couple of years Igo before the Water Alliance where he made a presentation regarding, the rain barrels. He encouraged everyone to think green and buy a ra i . :1 barrel. 13. ADJOURNMENT There bei-lg no further business to discuss, Councilwoman Bennington moved to adjourn. The meeting adjourned at 8:08 p.m. Minutes :ibmitted by: Lisa Bloomer, CMC Attest: APPROVED: 14 Council Regular Meeting February 13, 2012 City of Edgewater, Florida 2 r - Bonnie Wenzel, City Clerk Gigi zennington, Vice-Mayo 15 Council Regular Meeting February 13, 2012