03-05-2012 - Regular ()
CITY COUNCIL OF EDGEWATER
REGULAR MEETING
MARCH 5, 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 Absent
Councilman Michael Ignasiak Present
Councilman Gene Emter 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. Special Meeting of November 17, 2011
Councilman Ignasiak moved to approve the November 17, 2011 Special
Meeting minutes, second by Councilman Emter.
The MOTION CARRIED 4 -0.
B. Regular Meeting of December 5, 2011
Councilman Ignasiak moved to approve the December 5, 2011 Regular
Meeting minutes, second by Councilman Emter.
The MOTION CARRIED 4 -0.
3. PRESENTATIONS /PROCLAMATIONS /PLAQUES /CERTIFICATES /DONATIONS
A. Introduction of K -9 Karma
City Manager Barlow presented the background on Karma.
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Police Chief Dave Arcieri commented on the demonstration they were
going to do.
Councilman Ignasiak asked if the veterinarian could be identified who
provides the veterinary care and dog food at no charge that will also
care for the dog if the family goes on vacation. City Manager Barlow
informed him it was Dr. Kim Castro, who was a local veterinarian.
The Council then saw a demonstration of the dog finding drugs that
were hidden in the Council Chambers.
Police Chief Arcieri and Officer Tarr answered questions asked by
Council about the dog.
Mayor Thomas commented on having K -9 when he worked in law
enforcement.
Mayor Thomas then read a plaque from the TPO in memory of Ted Cooper.
B. Proclamation - April 2012 as Water Conservation Month
Mayor Thomas read a proclamation declaring April 2012 as Water
Conservation Month.
Mayor Thomas spoke of people taking water for granted and further
commented on the quality of the water in Edgewater. He also commented
on how important conserving water is.
C. Proclamation - May 20 - 26 2012 as National Public Works
Week
Mayor Thomas read a proclamation declaring the week of May 20th - 26 th ,
2012 as National Public Works Week.
Mayor Thomas spoke of riding with the workers when he was first
elected so he would understand their jobs. He felt they are very
fortunate in Edgewater to have such good, dedicated employees.
4. CITIZEN COMMENTS
There were no Citizen Comments at this time.
5. APPROVAL OR CHANGES /MODIFICATIONS TO THE AGENDA
Mayor Thomas disclosed they would be adding Item 10E - Budget
amendment for the relocation of fire hydrants in preparation of the
30 Street sidewalk in the amount of $15,000 to the agenda.
6. CITY COUNCIL REPORTS
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Councilman Ignasiak reported on the YMCA board meeting he attended
recently.
Councilman Emter stated he has been nowhere and done nothing.
Councilman Emter reported how proud he was to be there. He further
commented on working with Ted Cooper and recognized him for his
passion and effort to work for the City and residents.
Councilman Emter commented on improving communication between the City
and the residents, whether it is through electronic, newsletters,
printed matter or some other means. He requested a study be made.
Councilman Kennedy disclosed they made about $3,200 from "The Princess
Ball ". They would be making a scholarship award to be determined for
their first year for an Edgewater student.
Mayor Thomas had nothing at this time.
7. CONSENT AGENDA
A. Authorization for purchase of a Massey Ferguson Tractor in the
amount of $66,391.75, piggybacking the Florida Sheriff's
Contract and an Alamo Boom Mower in the amount of $46,880.00,
piggybacking the Florida State contract from Robinson
Equipment Company, Inc.
Councilman Kennedy moved to approve the Consent Agenda, second by
Councilman Ignasiak.
The MOTION CARRIED 4 -0.
8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Resolution No. 2012 -R -05 - Authorizing execution of a Railroad
Reimbursement Agreement
City Attorney Wolfe read Resolution 2012 -R -05 into the record.
City Manager Barlow made a staff presentation.
City Manager Barlow and Environmental Services Director Brenda Dewees
answered questions presented by Councilman Ignasiak and Councilman
Kennedy.
Due to there being no further Council or public comment, Mayor Thomas
entertained a motion.
Councilman Ignasiak moved to approve Resolution 2012 -R -05 authorizing
execution of a railroad reimbursement agreement, second by Councilman
Kennedy.
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The MOTION CARRIED 4 -0.
B. 1 Reading, Ordinance No. 2012 -0 -02 - Amending the
Comprehensive Plan to update the Capital Improvements Element
(CIE) and the accompanying Capital Improvements Program (CIP)
City Attorney Wolfe read Ordinance 2012 -0 -02 into the record.
City Manager Barlow made a staff presentation.
City Manager Barlow answered questions presented by Councilman
Ignasiak.
Councilman Emter felt it showed some of the strategic planning that
had been going on in the City.
Due to there being no further Council or public comment, Mayor Thomas
entertained a motion.
Councilman Ignasiak moved to approve Ordinance 2012 -0 -02, second by
Councilman Kennedy.
The MOTION CARRIED 4 -0.
9. BOARD APPOINTMENTS
A. Economic Development Board - Councilwoman Bennington's
appointment due to the expired term of Bliss Jamison, who
seeks reappointment
This item was tabled due to Councilwoman Bennington not being present.
B. Economic Development Board - Councilman Ignasiak's appointment
due to the expired term of Steve Harrell, who seeks
reappointment
Councilman Ignasiak moved to reappoint Steve Harrell to the Economic
Development Board, second by Councilman Kennedy.
The MOTION CARRIED 4 -0.
C. Planning and Zoning Board - Councilman Ignasiak's appointment
due to the expired term of Edwin Vopelak, who seeks
reappointment
Councilman Ignasiak moved to reappoint Edwin Vopelak to the Planning
and Zoning Board, second by Councilman Kennedy.
The MOTION CARRIED 4 -0.
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D. Planning and Zoning Board - Councilman Emter's appointment due
to the expired term of Agnes Witter, who seeks reappointment
Councilman Emter moved to reappoint Agnes Witter to the Planning and
Zoning Board, second by Councilman Ignasiak.
The MOTION CARRIED 4 -0.
E. Library Board - Councilwoman Bennington's appointment due to
the expired term of Anne McDevitt, who seeks reappointment
This item was tabled due to Councilwoman Bennington not being present.
10. OTHER BUSINESS
A. Staff requesting authorization for the City Manager to execute
an Interlocal Agreement with the City of New Smyrna Beach for
Fire Marshal services
City Manager Barlow made a staff presentation.
Due to there being no Council or public comment, Mayor Thomas
entertained a motion.
Councilman Ignasiak made a motion to authorize the City Manager to
execute the Interlocal Agreement with the City of New Smyrna Beach for
Fire Marshal services, second by Councilman Kennedy.
The MOTION CARRIED 4 -0.
B. Approval of the replacement first amendment to the Volusia
County Fire Chiefs' Association Mutual Aid Agreement
City Manager Barlow made a staff presentation.
City Manager Barlow answered questions presented by Councilman
Ignasiak and Councilman Kennedy.
Due to there being no further Council or public comment, Mayor Thomas
entertained a motion.
Councilman Ignasiak made a motion to seek the approval of replacement
amendment to the Volusia County Fire Chiefs' Association Mutual Aid
agreement and authorize the City manager to do so and he believed the
Mayor had to sign it also, second by Councilman Kennedy.
The MOTION CARRIED 4 -0.
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C. Authorization for the Mayor to execute the Event License
Agreements for parking during the Edgewater Expo to occur on
March 30 t h 31 and April 1
City Manager Barlow made a staff presentation.
There was further discussion regarding this being a great event and
the additional activities and entertainment that are being
incorporated into the event this year.
Councilman Emter moved to authorize the Mayor to execute the Event
License Agreements for parking during the Edgewater Expo on March 30
March 31 and April 1 second by Councilman Kennedy.
The MOTION CARRIED 4 -0.
D. Update on research relating to Cameron's Marina
City Manager Barlow started his presentation by clarifying that due to
some misunderstanding, the intent of the agenda item was not to make a
decision tonight as to whether to purchase or not. It would be a
status report of where they are and to assess additional direction
from Council to keep marching forward.
City Manager Barlow continued his presentation by providing a basic
description of the marina property, identifying supporting planning
documents, listings and appraisals with regard to the marina property,
comparisons related to other property sold on Riverside Drive and the
current asking price of the marina, adjoining property to the marina
that was for sale, existing conditions /inspections, estimated
improvements and phased development consideration, future slip rental
revenue and options for financing consideration.
City Manager Barlow recommended if they were to move forward to go
with the first appraisal of $525,000.
Councilman Ignasiak identified concerns he had with regard to where
the funding for the refurbishment of the entire facility would come
from and if the projected revenue would cover the cost of operating
the facility, which City Manager Barlow elaborated on.
Councilman Ignasiak questioned if they were to apply for the grants,
what percentage of the cost they might be able to recoup. City
Manager Barlow identified it would be hard to guess and would depend
on what funds were available that year for that particular grant and
how many applications they divvy out.
Councilman Emter felt philosophically the expansion of their presence
on the river was very good. He felt a park of that nature would be a
good addition for Edgewater as an attraction for business economics
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and tourism. He then identified some reservations he had about the
dollars and cents at this preliminary stage.
Councilman Emter then questioned what a life safety hazard was, which
City Manager Barlow presented examples of with regard to the buildings
currently on the property. He felt it would be in the City's best
interest to remove the existing structures.
Councilman Emter questioned if the structures would be reconstructed.
City Manager Barlow informed him not if they were going to use it as a
marina and further identified what the additional land where the
structures currently are would be used for as this would be used for
commercial and not residential.
There was further discussion regarding parking being an issue and
ideas to alleviate the problem by using adjacent property and right -
of -way for stormwater and parking.
City Manager Barlow then commented on clients he anticipated would use
the marina and not seeing this offsetting the General Fund with
additional revenue, which is not why they provide amenities with
regard to recreation.
Councilman Kennedy identified price was the biggest concern for him.
He felt this was unique property on Riverside Drive. He felt the
property could be a marina or a home site. He further commented on a
private company that could operate the marina and the City would still
reap the benefit of having the marina amenity. He felt a commercial
marina of any scale down there didn't fit in with the neighborhood.
He loved the idea of public access to the water but had a problem with
the City operating it. He further spoke of this not being a money
maker or helping with relieving any tax burden. He felt it was a good
idea to back up to where they started and question exactly why they
were buying the marina. He felt they were missing a huge opportunity
with the property the City already owns, Menard May Park, Kennedy Park
and Veterans Park. He suggested if the marina wasn't meant to be that
they continue on this path of enhancing opportunities to the water.
He then presented examples of how Menard May Park could be improved.
Mayor Thomas felt they had to look into the future. He then commented
on how busy the boat ramps at Kennedy Park are from May through
September and boat trailers being parked all over and the need to
alleviate that. He spoke of this being a public facility. If they
have rules identifying what could be launched it would alleviate the
traffic at Kennedy Park. He felt they needed to pursue it looking
into the future and pursue every avenue of gaining public access to
the waterway.
Mayor Thomas asked for public comment.
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The following citizens spoke:
Gerry Grooms, 117 Virginia Street, identified the present owner of the
marina didn't pay anywhere near what the City was talking about buying
it for. He then spoke of not even having a decent tennis court in
Edgewater when they are talking about planning for recreation and they
are going overboard for water access. He liked the idea of doing
something with property they already have. He spoke of there being no
place to park trailers and the water being shallow at the marina. He
then identified Riverview Landings owns half of the channel. He felt
it was a money pit they would regret if they follow this through.
Bill Glaser, 1703 Needle Palm Drive, spoke of hearing a previous City
Manager discussing paying $4.5 million for what is now Parktowne, and
the taxpayers would be on the hock for it, which became $6 something
million after the engineering was added into it. He further spoke of
a promise made by that City Manager to include infrastructure, which
he forgot to tell the Council. The Council decided a promise was a
promise and that they should put in the infrastructure so the City
borrowed more money to do that. The citizens of Edgewater are in hock
for about $9 million. He then spoke of the City going into debt to
buy this property. He commented on the taxpayers still paying
$500,000 a year to the FIND folks. He hoped the City Manager they
have now was better at running a marina than the City Manager at the
time was at running commercial real estate.
Betty Labiak, 2005 S. Riverside Drive, owner of Riverview Landings,
felt what she was hearing tonight was not a good idea as far as she as
concerned due to it affecting their property. They own half of the
canal and half of the ridge. She felt Councilman Kennedy's idea was
the best way to go. She also commented on the parking situation being
a problem, even now. She mentioned their past experience with that
property. If you don't have the money, don't spend it.
Mike Visconti, 316 Pine Breeze Drive, asked if it was feasible to
build slips around Menard Park and build their own marina instead of
buying one. City Manager Barlow identified it was possible and that
was what was referenced by Councilman Kennedy. He spoke of looking at
the opportunities as well as the limitations of creating that at an
existing park. He agreed to work on that if that ended up being the
direction of the Council.
Dominic Capria, 606 Topside Circle, commented on losing the
shuffleboard courts at Kennedy Park even though FEMA gave them money
to rebuild them. He then commented on dredging being very expensive.
He liked the idea that Councilman Kennedy said that they will not make
money on the deal. He commented on the deficit going down and now
increasing it again. He felt this was a waste of time.
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John Weiss, 1532 S. Riverside Drive, stated the biggest attraction for
him moving to Edgewater was access to the river. He felt Council
would be remiss if they didn't continue to pursue looking at this
property because of the future. If they don't take advantage of some
of these opportunities if it works out to be feasible, he thinks they
would be remiss. Once they get all of the details they could make a
decision at that time.
David Butler, 2932 Travelers Palm Drive, is a member of a private
yacht club in New Jersey. This is a working club with no paid staff.
There are 100 members and everyone pitches in to take care of the
work. There are tons of man hours that go into maintaining a marina
or a yacht club.
There was a brief discussion between City Manager Barlow and Mr.
Butler with regard to the upfront costs being $850,000 to purchase the
marina, purchase the home across the street and demo the docks and
existing structures.
City Manager Barlow answered further questions presented by Mr. Butler
with regard to the occupancy at the marina, current gross income and
if the study that was done by the marine consultant was available to
the public. He then referred to the comprehensive plan and the
stipulation where the City planned on not constructing any new City
buildings east of U.S. #1.
Jack McCormick, 759 Navigators Way, identified if they did go ahead
and do this they also had to think about the speed limit in the river
as it related to the frequency and expense for dredging.
Myron Hammond, 2033 S. Ridgewood Avenue, stated most of his customers
were going with what Councilman Kennedy was talking about. He
identified some of the concerns and pointed out potential issues,
including environmental issues and parking. He felt they should take
what they already have and restructure it. He felt it sounded like a
waste of money.
Agnes Witter, 223 Flagler Avenue, asked about the 60' right -of -way
next to the camp that the City owned and if it went all the way down
to the river. City Manager Barlow identified that was correct. Ms.
Witter asked if the City owned any other rights -of -way that go down to
the river. City Manager Barlow explained not that he was aware of
that wasn't being utilized as a public right -of -way. Ms. Witter felt
if they were to follow Councilman Kennedy's suggestion they could use
the 60'right of way for access for kayaks and canoes and possibly some
swings in the area and a gazebo. Edgewater did at one time own the
right -of -way from the end of roads all the way down to the river but
they gave it away for free along with Riverside Drive when the
original road along Riverside Drive was further back and all the
property on the east side of it to the river was Edgewater's.
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Council Regular Meeting
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Bob Kayat, 1505 S. Riverside Drive, felt this piece of property was a
good deal. He felt the City needed more access to the river and
parking was a problem. He felt there wouldn't be a lot of trailers
due to people having their boats docked there. He asked if there
would be a boat launch there. City Manager Barlow identified what the
conceptual plan was.
Mr. Kayat commented on it being shallow water by Menard May Park and
if they could get a land lease over there. City Manager Barlow
explained that was additional research and identified Menard May was
pretty close to the center of the channel so they have a lot of
limitations there.
Mr. Kayat felt they should consider buying the property now and not
doing the work until later. He felt they should continue to look into
this.
Mayor Thomas felt they needed to postpone this a little bit and let
City Manager Barlow do more research and the Council should go out
into the field to see what their constituents are saying. Councilman
Ignasiak felt that was a great idea.
Councilman Kennedy stated he wasn't advocating that they walk away
from it and it was never his intention to put a marina at Menard May.
He felt it would be a nice piece of property to have in the City
inventory. He further spoke of having to demo the buildings that are
deemed unsafe.
Mayor Thomas felt the price was good right now and he was looking into
the future.
City Manager Barlow commented on the opportunity to acquire the
property and there being nothing that would prohibit them from selling
the property in the future.
E. Staff requesting a budget amendment for the relocation of fire
hydrants in preparation of the 30 Street sidewalk in the
amount of $15,000
City Manager Barlow made a staff presentation.
Councilman Ignasiak confirmed this was a reallocation. City Manager
Barlow informed him the money was already there and was being
reallocated to a different project.
Due to there being no further Council or public comment, Mayor Thomas
entertained a motion.
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Councilman Ignasiak made a motion to approve budget amendment
reallocation for the relocation of fire hydrants in preparation for
the 30 Street sidewalk in the amount of $15,000, second by Councilman
Kennedy.
The MOTION CARRIED 4 -0.
11. OFFICER REPORTS
A. City Clerk
City Clerk Wenzel referred to the 2012 City Council meeting schedule
and wanted to go over the remainder of the year. They were looking at
cancelling the third Monday of the month for April, May and June. She
further identified when the meetings would be held for the months of
July, August and September. They were looking at cancelling the first
meeting in October, November and December. If the schedule was okay
with Council they would move forward with the schedule as presented.
Mayor Thomas identified it was fine with him.
City Clerk Wenzel then referred to an e -mail with regard to the New
Smyrna /Edgewater Babe Ruth Youth Baseball /Softball Opening Day
Ceremonies being on Saturday starting at 10 a.m. at the New Smyrna
Beach Sports complex, which all of Council was invited to attend.
City Clerk Wenzel commented on getting with the photographer tomorrow
to take Councilman Emter's picture as well as a new group picture of
all of the Council, for which she would need about 30 minutes of their
time.
B. City Attorney
City Attorney Wolfe had nothing at this time.
C. City Manager
City Manager Barlow commented on doing a joint work session with the
Planning & Zoning Board regarding the sign discussion they had at the
last meeting on April 11 at 6:30 p.m. which was also the regular
meeting night of the Planning & Zoning Board. They would move forward
and start working on the agenda, advertising and posting.
City Manager Barlow informed Council on February 25 they did the
grand opening of the first segment of the East Central Florida
Regional Rail Trail which started in Deltona. They had 22 residents
and members of various boards attend. He then showed a picture of the
trail, which was 5.7 miles. The segment in Edgewater was scheduled to
start construction in April 2013, which would go from Rotary Park,
down to the old Maglev on Cow Creek with an overpass over SR 442.
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Council Regular Meeting
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City Manager Barlow reminded Council of the Edgewater Expo to be held
at the end of this month and encouraged everyone to attend.
City Manager Barlow informed Council they needed to think about the
late Councilman Cooper's replacement on the TPO. Mayor Thomas
suggested Councilman Emter, due to the other Councilmembers already
being committed to other boards. Councilman Emter had no problem
serving on the TPO. City Manager Barlow agreed to work with Mr. Lear
to communicate this to the TPO.
City Manager Barlow stated earlier they met Janet Shira, who is their
Economic Development Event Coordinator. She was a consultant with the
City of Edgewater and helped out on some planning. She and her
husband own B & H Consultants. B & H is one of three engineers the
City currently has under continuing service agreement. They presently
have two projects that B & H, her husband is engineer of record and /or
consultant on, the U.S. #1 sidewalk and the compliance monitoring for
the 30 Street sidewalk that was getting ready to start. He
recommended they keep her husband due to seeing no conflict at this
point since it was already awarded and when his term expires in August
2013 those projects would be complete and they would not renew his
term as one of their engineers of record since his wife currently
works for the City and he will not issue any additional work outside
of those projects. That was very clear when she was hired as well.
Council identified they were comfortable with this.
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:
City of Edgewater, Florida
i
k L Si . _ e__L� � r `
Bonnie Wenzel, City Clerk Gigi :ennington, Vi.! or
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Council Regular Meeting
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