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04-02-2012 - Regular b CITY COUNCIL OF EDGEWATER REGULAR MEETING APRIL 2, 2012 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 Excused Councilman Justin Kennedy Present Vice Mayor Gigi Bennington Present 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. Vice Mayor Bennington asked that previous City Clerk Susan Wadsworth and previous Environmental Services Director Terry Wadsworth be included in their prayers due to having recently lost a child. 2. APPROVAL OF MINUTES A. Regular Meeting of January 9, 2012 Councilman Ignasiak moved to approve the January 9, 2012 Regular Meeting minutes, second by Councilman Emter. The MOTION CARRIED 4 -0. B. Regular Meeting of February 13, 2012 Councilman Enter moved to approve the February 13, 2012 Regular Meeting minutes, second by Councilman Ignasiak. The MOTION CARRIED 4 -0. C. Special Meeting of March 5, 2012 1 Council Regular Meeting April 2, 2012 Vice Mayor Bennington wanted to know what the difference was between being absent and being excused as she was identified in one meeting as being excused and in the next meeting as being absent. City Clerk Wenzel asked City Attorney Wolfe to answer this so they would be very clear. City Attorney Wolfe identified he didn't think there was really any difference under the Charter whether it is excused or absent. He spoke of the Charter provision with regard to missing so many meetings. Vice Mayor Bennington wanted them to be consistent. She felt absent was when you don't call in and nobody knows you aren't going to show up and excused was when you make provisions and let somebody know. It was the consensus of Council to do that. Councilman Ignasiak moved to approve the March 5, 2012 Special Meeting minutes with the change and addition, second by Councilman Kennedy. The MOTION CARRIED 4 -0. D. Regular Meeting of March 5, 2012 Councilman Emter moved to approve the March 5, 2012 Regular Meeting minutes with the addition of the correction as noted, second by Councilman Ignasiak. The MOTION CARRIED 4 -0. Vice Mayor Bennington informed everyone there were photographs in the back of the room from the Expo that were of Edgewater and encouraged everyone to look at them. 3. PRESENTATIONS /PROCLAMATIONS /PLAQUES /CERTIFICATES /DONATIONS A. Presentation of the Interactive Voice Response (IVR) system by IT Manager Tim Sopko IT Manager Tim Sopko made a staff presentation. He then demonstrated the IVR system by calling 386- 427 -EASY (3279). He also identified the customers would need to have their account number handy. City Manager Barlow identified the system would be available twenty - four hours a day, seven days a week, including holidays. He felt this brought them up a few notches with customer service and would help with some of the transition going into tenant billing as well. 2 Council Regular Meeting April 2, 2012 Councilman Ignasiak confirmed there would be no lag time between the payment of the bill and the bill clearing. Mr. Sopko commented on the Finance Department receiving an e -mail if someone is on the shutoff list and they make a payment, it would notify them to remove them from the shut off list. He also identified the payment wouldn't post until the next day. There was a brief discussion regarding whether any other cities in the County use the system. City Manager Barlow identified not only does it really bring the convenience to those they serve, the utility customers, in the long term it will also help out with efficiencies. Councilman Kennedy suggested putting a sign in the lobby with the phone number so if the line is too long they can pay their bill on their cell phone. Mr. Sopko identified they could also put a phone in the lobby, which he felt wasn't a bad idea. Mr. Sopko commented on some of the kinks he has been working out. He further identified additional items that eventually could be put on the system such as building permits, code enforcement issues and those kinds of things. Mr. Sopko then spoke of streaming the meetings online. City Manager Barlow commented on the cameras and hoping to start streaming the Council meetings audio and video online within the next few months. Mr. Sopko further commented on how Granicus works and identified there was six weeks of intensive training involved. Councilman Emter thanked them for the concept of this kind of a program. B. Proclamation of appreciation for sharing the rescue vehicle presented by South Daytona Mayor George Locke and Commander David Giles Dave Giles, Fire Commander, South Daytona Fire Rescue, identified South Daytona Mayor George Locke was also with him. Back in 2011 Volusia County was allowing certain Fire Departments to apply for contingency transport permits and at that time South Daytona did not have a transport capable rescue truck. Edgewater allowed them to borrow one of their transport capable rescue trucks for ten months until they got their rescue truck built. He further expressed being were very grateful for that. 3 Council Regular Meeting April 2, 2012 South Daytona Mayor Locke then read a proclamation recognizing the City for their generosity. C. Presentation by Mike Visconti regarding his flight with Volusia Honor Air Mike Visconti, 316 Pine Breeze Drive, spoke of when he enlisted in the military, spent three years serving his country and became a Veteran. He spoke of Volusia Honor Air being a program where Veterans of World War II fly to Washington D.C. and spend the day in Washington D.C. to see all of the monuments. He then spoke of the World War II monument. He further commented on his journey by identifying the course of his day and what he saw when he went two years ago. He also commented on "mail" he received after they boarded the plane to come back from students from Father Lopez High School, which he visited to thank the kids for their letters. Mr. Visconti informed Council the next trip was May 19, 2012 and that any Veteran was eligible to go. Mr. Visconti thanked this country for what they have given him. He then read a poem entitled "Honor Our Military ". Vice Mayor Bennington commented on the Fire and Police Departments participating this year and the City being involved very deeply. Vice Mayor Bennington recognized Joie Alexander from the County Council who was in the audience. 4. CITIZEN COMMENTS The following citizens spoke: Nora Jane Gillespie, 2263 Candlewood Lane, New Smyrna Beach, identified Edgewater students were doing the Thank You Veteran cards for the Veterans of Volusia Honor Air. She further spoke of her involvement with Volusia Honor Air. Mike Visconti, 316 Pine Breeze Drive, stated he received two phone calls about yard sale signs. Somebody said they put the yard sale signs up and that as soon as they put them up someone took them down. City Manager Barlow commented on the City Council amending the Code last summer and there is a compliance area that yard sale signs have to be in. He informed Mr. Visconti he could meet with the Code Enforcement Department and that the information was also available online. Mr. Visconti spoke of paying $2 for the permit and putting a sign up and it being taken down. City Manager Barlow identified if it was in 4 Council Regular Meeting April 2, 2012 a non - compliant area or too far from the yard sale. He again suggested he meet with the Code Enforcement Department who could walk him through it. 5. APPROVAL OR CHANGES /MODIFICATIONS TO THE AGENDA Vice Mayor Bennington identified Item 10A was being added to the agenda to solicit for a Request for Proposal (RFP) to provide a bank qualified loan for the 1991 SRF Loans and the 2005 JCI Lease Agreement. 6. CITY COUNCIL REPORTS Councilman Ignasiak spoke of attending the VLOC luncheon and legislative update last week. He also spoke of attending the Expo on Friday and Saturday. He complimented the City Manager and believed it was a success. He heard nothing but positive comments. He looked forward to expanding it next year. Councilman Emter commented on also attending the Expo and echoed Councilman Ignasiak's comments. He spoke of handing out preliminary registration sheets for next year. He asked if they had an estimate of how many people attended. City Manager Barlow didn't know how many people attended but he identified they had over 160 businesses in Southeast Volusia participate and showcase product. Councilman Emter estimated 3,000 people participated. City Manager Barlow felt it was probably more than that. Councilman Emter then commented on the TPO, which he is a member of, going through some reorganization of their boundaries and representation in the coming months which is required as a result of the new Census. Councilman Emter stated he mentioned last month that he felt communication between the City and the residents was a very important element and requested that a study be initiated to see how they can improve that process. He felt the IVR was one example. He was curious as to what other elements had been looked at in terms of such communication improvement. City Manager Barlow commented on looking at a third party vendor where they can blast out informational e- mails. He spoke of the Economic Development /Event Coordinator who was taking classes to learn how to disseminate some information. He identified City Clerk Wenzel had created a Facebook account, which was extremely popular and very convenient to get information. He also identified the Economic Development /Event Coordinator met with the new Chair of the Economic Development Board to talk about some initiatives to have a better communication relationship with the businesses. They talked about 5 Council Regular Meeting April 2, 2012 doing ribbon cuttings as well for new businesses in Edgewater. He identified they were having the first ribbon cutting on Thursday at 9 a.m. Councilman Emter felt that was a great start. He suggested more examination with the print media. He thanked City Manager Barlow for moving ahead with this. City Manager Barlow further commented on the upgrade that had been made to the City newsletter. Councilman Kennedy commented on the City scholarship that was started a year ago. Ms. Alexander gave them the very first donation. They were able to present a $2,500 scholarship last week to their first recipient. The scholarship program is off and running and doing well. Councilman Kennedy then reported on attending the Opening Day for the local Babe Ruth Baseball league, formerly the Little League. Councilman Kennedy presented his sentiments as well with the Expo. He spent a couple of days there and his kids enjoyed it. City Manager Barlow identified the Expo as being a collaborative effort with some business leaders in the community, volunteers and City staff. He has heard nothing but success stories that had come out of this. He spoke of the number of people that have already committed for next year. Vice Mayor Bennington identified the Easter Egg Hunt would be held Saturday, April 7th at Rotary Park. Vice Mayor Bennington commented on attending the Expo, being there as a CAP and directing traffic. She had a lot of people ask about the food trucks. She didn't get to eat but heard the food was delicious and felt they needed to make sure they have them again next year. She spoke of having a hard time with some people wanting to park where they shouldn't park. She thanked all of the volunteers that put in all of their time for it. Councilman Ignasiak commented on the Expo beer garden. He felt it went very well and identified there were no issues. 7. CONSENT AGENDA A. Authorization for East Volusia County Mosquito Control District to perform low level flights of the City of Edgewater and authorization for the Mayor to execute the document B. Approval and authorization for a purchase order to P &S Paving for the resurfacing of roads, not to exceed $150,000 in accordance with the County of Volusia Master Agreement No. 750 8598 -6 6 Council Regular Meeting April 2, 2012 C. Request to approve the disposal of Fixed Assets from the property records in the Finance Department D. Authorization for the City Manager to execute Amendment No. 1 to SRF Loan Agreement DW640500 for the Supply and Transmission E. Award of the Debris Monitoring Contract to O'Brien's Response Management and authorize the City Manager to execute the contract Councilman Kennedy moved to approve the Consent Agenda, second by Councilman Ignasiak. The MOTION CARRIED 4 -0. 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS A. 2 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. Due to there being no Council or public comments, Vice Mayor Bennington opened and closed the public hearing and entertained a motion. Councilman Ignasiak moved to approve Ordinance 2012 -0 -01, second by Councilman Emter. The MOTION CARRIED 4 -0. B. 2 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. Due to there being no Council or public comments, Vice Mayor Bennington opened and closed the public hearing and entertained a motion. Councilman Kennedy moved to approve Ordinance 2012 -0 -02, second by Councilman Ignasiak. 7 Council Regular Meeting April 2, 2012 The MOTION CARRIED 4 -0. C. 1 Reading, Ordinance No. 2012 -0 -03 - Amending and restating the policy to temporarily reduce impact fees for non- residential properties City Attorney Wolfe read Ordinance 2012 -0 -03 into the record. City Manager Barlow made a staff presentation. Vice Mayor Bennington opened the public hearing. Councilman Ignasiak felt if they were going to stay competitive they needed to keep the economic incentives out there. City Manager Barlow felt it has attracted some other projects or expansion of existing businesses as well. Vice Mayor Bennington asked what they have reaped since they adopted this policy. City Manager Barlow referred to the U- Sto -It expansion, Animal Clinic of Edgewater, Edgewater Healthplex, and Dollar General that have occurred with the incentives. Councilman Kennedy asked if they had any projects that they know this was the dealmaker. City Manager Barlow didn't know if it was the dealmaker but it allowed U Sto It to expand their business. He commented on the deferral of the impact fees being key for the Edgewater Healthplex project to move forward. He also identified this would add additional ad valorem taxes as well. Due to there being no further Council or public comment, Vice Mayor Bennington closed the public hearing and entertained a motion. Councilman Kennedy moved to approve Ordinance 2012 -0 -03, second by Councilman Emter. The MOTION CARRIED 4 -0. D. 1 Reading, Ordinance No. 2012 -0 -04 - Ty Harris, applicant for Swallowtail LLC, requesting an amendment to the Comprehensive Plan Future Land Use Map to redesignate a 134.76+ acres from Conservation to Mixed Use with Conservation Overlay and to redesignate 151.54+ acres from Mixed Use with Conservation Overlay to Conservation for property located at the southwest corner of SR 442 and I -95 City Attorney Wolfe read Ordinance 2012 -0 -04 into the record. City Manager Barlow made a staff presentation. 8 Council Regular Meeting April 2, 2012 Ty Harris, law firm of Storch & Harris, 420 S. Nova Road, Daytona Beach, identified Swallowtail LLC as a subsidiary of Miami Corporation. He then described the property as the Mercedes Homes Tract (Reflections). He further made a presentation on behalf of Swallowtail, LLC. Councilman Ignasiak felt looking at it from a business point of view it makes sense. His concerns had to do with the fact that they fought a series of ongoing battles over this to get this plan approved. He questioned if the changes that were being proposed would restart this controversy and process up all over again. Mr. Harris elaborated on Councilman Ignasiak's concerns. City Manager Barlow clarified this was not the Restoration development and was the project across the street. Attorney Harris identified for Council why this project makes the most sense for Edgewater. City Manager Barlow explained for what they are doing with this comprehensive plan amendment it is more favorable in the direction that the previous Department of Community Affairs would find more favorable. Vice Mayor Bennington questioned if they were still locked in on the limit on residential development. City Manager Barlow informed her until 2017, they are prohibited from annexing any additional residential zoned or density property. That provision would have no affect on this comprehensive plan amendment request. Attorney Harris further identified it all had a mixed use designation on it now which meant they could still end up with some residential if it makes sense but it wasn't being driven by the idea they needed more residential. Vice Mayor Bennington wanted to make sure it would have no effect on the agreement they have. City Manager Barlow assured her it wouldn't. Councilman Emter asked what kind of commercial they would anticipate might predominate here. Attorney Harris felt they would be looking at businesses more like a light industrial type use which would include very skilled positions. Councilman Emter confirmed they weren't looking for a concentration of retail. Attorney Harris explained the retail centers go where the population is and where the jobs are. They want to have some of those uses but the idea for this property he felt they were trying to create new jobs. Vice Mayor Bennington opened the public hearing. Councilman Ignasiak believed they were meeting individually and had scheduled meetings and wanted to get an update on that. He was going to look at temporarily approving this pending the outcome of their 9 Council Regular Meeting April 2, 2012 meetings and further discussions. City Manager Barlow confirmed the Councilmembers were still being scheduled. Councilman Ignasiak asked about the time window and if they were referring to financing or approved terms and conditions. Attorney Harris informed him they have started working on a revised development agreement depending on Council's decisions tonight and in the future. Councilman Ignasiak asked if it was a time limit the company put on itself. Attorney Harris informed him it was. Councilman Kennedy felt developers were itching and buying property and waiting for the gate to open. This is an opportunity for the City to be ready for them. He commented on liking the ability to realign with Williamson Boulevard. He then commented on timing and developers looking to move forward. Councilman Emter asked if they were to assume a reasonable approval process at what point do they actually see progress on the ground. Attorney Harris felt the idea of the shovel in the ground would be five years. He felt they had done as good a job as they could do at this point. Due to there being no further Council or public comment, Vice Mayor Bennington closed the public hearing and entertained a motion. Councilman Ignasiak moved to approve Ordinance 2012 -0 -04, second by Councilman Kennedy. The MOTION CARRIED 4 -0. Vice Mayor Bennington called a ten - minute recess at this time. The meeting recessed at 7:17 p.m. and reconvened at 7:30 p.m. 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 continued from the March 5, 2012 Meeting) Vice Mayor Bennington recommended Bliss Jamison be reappointed to the Economic Development Board. Councilman Ignasiak moved to reappoint Bliss Jamison to the Economic Development Board, second by Councilman Emter. The MOTION CARRIED 4 -0. 10 Council Regular Meeting April 2, 2012 B. Library Board - Councilwoman Bennington's appointment due to the expired term of Anne McDevitt, who seeks reappointment. (This item was continued from the March 5, 2012 Meeting) Vice Mayor Bennington recommended Anne McDevitt be reappointed to the Library Board. Councilman Emter moved to reappoint Anne McDevitt to the Library Board, second by Councilman Ignasiak. The MOTION CARRIED 4 -0. C. Police Pension Board of Trustees - City Council ratification of appointment of fifth member, Larry Leaf, appointed by the Baord of Trustees Councilman Ignasiak moved to ratify the appointment of Larry Leaf to the Police Pension Board of Trustees, second by Councilman Emter. The MOTION CARRIED 4 -0. 10. OTHER BUSINESS A. Request to solicit a Request for Proposal (RFP) to provide a bank qualified loan for the 1991 SRF Loans and the 2005 JCI Lease Agreement, authorization for the City Manager to payoff subordinate Water & Sewer Debt service in the amount not to exceed $1,000,000 and authorize the City Manager to execute and approve any required documents prior to closing on the Series 2012 Notes City Manager Barlow made a staff presentation. Finance Director John McKinney went through a Powerpoint Presentation. Mr. McKinney and City Manager Barlow then answered questions presented by Councilman Ignasiak, Councilman Kennedy, and Councilman Emter. Due to there being no further Council or public comment, Vice Mayor Bennington entertained a motion. Councilman Ignasiak moved approve the Request for Proposal to provide a bank qualified loan for the 1991 SRF Loans and the 2005 JCI Lease Agreement and authorize the City Manager to payoff subordinate Water & Sewer Debt service, second by Councilman Kennedy. The MOTION CARRIED 4 -0. 11. OFFICER REPORTS 11 Council Regular Meeting April 2, 2012 A. City Clerk City Clerk Wenzel referred to the size of the Award of Bid under the Consent Agenda and asked Council if they wanted to continue to get copies of the bids or they could review them in her office. It was the consensus of Council to come to the City Clerk if they wanted to review the bids. City Clerk Wenzel informed Council May 24 was the VLOC Annual Awards Banquet that would be held at the Yacht Club in New Smyrna Beach. She informed Council they would be receiving the invitation to that. City Manager Barlow informed Council that Bob McIntosh was in the audience and had been selected as Citizen of the Year by the Volusia League of Cities. Vice Mayor Bennington congratulated Mr. McIntosh. City Clerk Wenzel informed Council the City of Edgewater would be hosting the dinner on July 26 She wasn't sure yet where it was going to be held. City Clerk Wenzel reminded everyone on April 17 they would be having a Volunteer luncheon at the Elks. She would be getting the invitations out by the end of the week. City Clerk Wenzel showed Council the Facebook page on the Internet and informed them of the information being included on the website. B. City Attorney City Attorney Wolfe had nothing at this time. C. City Manager City Manager Barlow commented on receiving a letter from the County advising they had recently received an additional $48,000 under the CDBG. The County was requesting the City's support to allow them to utilize it for the Homeless Management and Information Systems. With Council's permission he agreed to send the letter of support. City Manager Barlow informed Council of the ribbon cutting /groundbreaking on Thursday, April 5 at 9 a.m. for the Edgewater Healthplex at 1316 S Ridgewood Avenue, which is located between the new Regions Bank and the old Regions Bank. City Manager Barlow commented on the Easter Egg Hunt at Rotary Park at 10 a.m. which was being sponsored by the Elks. City Manager Barlow reminded Council on April 11 at 6:30 p.m. they would be having a joint workshop with the Planning and Zoning Board. 12 Council Regular Meeting April 2, 2012 There was a brief discussion regarding what would be discussed at the joint workshop. City Manager Barlow then reported on the Fire Station and being close to substantial completion. They may be able to move the crews in as early as the end of this month. They plan on having a personal ribbon cutting for Council once they get moved in and after that they would plan a large community event. Councilman Kennedy felt they should capitalize on the fact that it is 100% American made. He suggested they get a banner. Vice Mayor Bennington asked if they earlier this year talked about changing Councilman and Councilwoman to Commissioner. City Manager Barlow spoke of having initial discussion and further discussion, which determined all the way through their Code of Ordinances and Land Development Code it refers to Council. Councilman Ignasiak asked if there was a way they could add to the Code of Ordinances the fact that Councilman and Commissioner are one in the same and interchangeable without having to revise everything. City Manager Barlow informed him they could in the definition section and as time goes on they could transition. If they were interested he could bring that ordinance back to Council. Councilman Ignasiak liked Commissioner because it was non - gender specific. 12. CITIZEN COMMENTS The following citizen spoke: Mike Visconti, 316 Pine Breeze Drive, congratulated Bob McIntosh on the wonderful job he did on the Expo. As a vendor he was disappointed on the time limit. He was under the impressions they had three days and they only had one day on Saturday from 10 a.m. to 4 p.m. A lot of the vendors talked about if they would have it on Sunday but they weren't allowed. He suggested as a vendor spending the money for the spaces to have more than six hours to have their wares. He spoke of their time being cut short due to the rain. Councilman Emter felt no one deserved the Volusia Honor Air trip more than Mr. Visconti. 13. ADJOURNMENT There being no further business to discuss, Councilman Kennedy moved to adjourn. The meeting adjourned at 7:58 p.m. 13 Council Regular Meeting April 2, 2012 Minutes submitted by: Lisa Bloomer, CMC Attest: APPROVED: City of .:g: aver, Florida II A Itt L. • 41_ , „Bonnie Wenzel, City Clerk Mi.hael Thomas, Mayor 14 Council Regular Meeting April 2, 2012