Loading...
06-04-2012 - Regular m CITY COUNCIL OF EDGEWATER REGULAR MEETING JUNE 4, 2012 6:00 P.M. COUNCIL CHAMBERS MINUTES 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION Mayor Thomas called the Regular Meeting to order at 6: 00 p.m. in the Council Chambers . Present Mayor Michael Thomas Councilman Justin Kennedy Councilwoman Gigi Bennington Councilman Michael Ignasiak Councilman Gene Emter City Clerk Bonnie Wenzel Acting City Manager Darren Lear Assistant City Attorney Michael Ciocchetti Absent City Manager Tracey Barlow City Attorney Aaron Wolfe There was a silent invocation and pledge of allegiance to the Flag. 2. APPROVAL OF MINUTES There were no Minutes to be approved at this time. 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a. Introduction of local Boys & Girls Club by Mr. Neal Coates Neal Coates, Community Relations Director, representing the NSB/Edgewater and Volusia/Flagler Counties Boys & Girls Club, was here to introduce the local Edgewater Director, provide Council with a copy of their annual report which explained all about the Boys & Girls Club. His new position is to help build rapport with communities . He then introduced Rex Hoffman, Community Director for the Edgewater Boys & Girls Club. Mr. Coates wanted to leave their annual report with the Council. Rex Hoffman, Edgewater Boys & Girls Club identified they had been located at the Edgewater United Methodist Church, 211 N. Ridgewood Avenue for six years . He then commented on being an after school and summer program for at risk youth. He then identified Kaylin Over, who was in their program, just recently won a 4 year scholarship. 1 Council Regular Meeting June 4, 2012 b. James Halleran, of James Moore & Company, presenting the FY 2011 Comprehensive Annual Financial Report James Halleran, James Moore & Company, presented the City' s FY 2011 Audit by going through a Powerpoint Presentation. He thanked Finance Director McKinney for his help with the audit. He also recognized Emily Olilla, who was the Audit Manager on the engagement. He then identified the different audit reports in the Comprehensive Annual Financial Report and that the City had received its 22nd Certificate of Financial Reporting Excellence in a row. Mr. Halleran then commented on suggestions they had with regard to material weaknesses and significant deficiencies identified in the Internal Control Over Financial Reporting. Mr. Halleran answered questions presented by Councilwoman Bennington with regard to showing two repeats under Deficiencies but said they only had one in prior years . Mr. Halleran identified the technology deficiency was only listed in the auditor general comments . Mr. Halleran identified there were no issues of compliance or other matters related to the financial reporting model . He then commented on two major programs they looked at, the SRF Loans and the Fire Station 55 grant, that were required with regard to the Federal Single Audit on Compliance and the Management Letter required by the Auditor General . Mr. Halleran then commented on the Overall Financial Health of the City identified as being average. Councilwoman Bennington asked about Edgewater being compared to other cities our size and asked if that was based on our tax base or our population. Mr. Halleran informed her both. Mr. Halleran continued his presentation by describing the Changes This Year and Where the City is At Today. Councilwoman Bennington felt Mr. Halleran explained the audit very simply. He offered to meet with Council individually. Mayor Thomas and Councilwoman Bennington thanked Mr. Halleran for the presentation. 4. CITIZEN COMMENTS There were no Citizen Comments at this time. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA 2 Council Regular Meeting June 4, 2012 Councilwoman Bennington asked to table Item 1OD until City Manager Barlow was present. Councilman Ignasiak felt that was appropriate. Mr. Lear agreed. Councilman Emter wanted to hear Mr. Lear' s interpretation of what was there which he felt would be totally appropriate. Councilwoman Bennington pointed out Mr. Lear wanted her to go easy on him tonight. Assistant City Attorney Ciocchetti pointed out they didn' t need a motion to remove this item from the agenda and that he wouldn' t table it. This item was removed from the agenda. 6. CITY COUNCIL REPORTS Councilman Kennedy had nothing at this time . Councilwoman Bennington commented on the Volusia League of Cities dinner being very nice. She informed Council Bob McIntosh got the Other Citizen of the Year award. She stated the meal was delicious and it was well run. She also congratulated Mr. McIntosh. Councilman Ignasiak gave a hats off to Janet Shira for the Facebook site for the City website and the job that she has done. He felt it was professionally done, polished and easy to get access to. He was impressed by it and how quickly she got it up and got it there. He congratulated Mr. McIntosh and also felt the dinner was good. At the last Council Meeting they approved $3 and $4 million in grants and reallocation of funds and not a single comment came up but he spoke of the many comments he has received on the dog park since it was approved. Councilwoman Bennington also received a lot of comments about the dog park. Councilman Emter read his report into the record with regard to the May Transportation Planning Organization Meeting, the professional conference he would be attending courtesy of the TPO and the recognition of Bob McIntosh for his volunteer service to the City. 7. CONSENT AGENDA a. Authorization for a Purchase Order to Capital Office Products for office supplies J M' Capital Office Supplies b. Award of the YMCA Air Conditioning and Controls Replacement, Phase 2 Contract to Master Craft Plumbing Contractors, Inc and authorization for the City Manager to execute the contract 3 Council Regular Meeting June 4, 2012 YMCA Air Conditioning - Revised Agreement 1 Councilman Michael Ignasiak moved to approve Consent Agenda, second by Councilman Gene Emter. The MOTION CARRIED 5-0. 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 2nd Reading - Ordinance No. 2012-0-04 : Amending the Comprehensive Plan Future Land Use Map to redesignate a portion of property located at the southwest corner of S .R. 442 and I-95 from Conservation to Mixed Use with Conservation Overlay and to redesignate a portion of the property from Mixed Use with Conservation Overlay to Conservation 2012-0-04 Assistant City Attorney Ciocchetti read Ordinance 2012-0-04 into the record. Acting City Manager Lear made a staff presentation. Mayor Thomas opened the public hearing. Councilman Ignasiak felt all of the issues and obstacles he had thought might have been proposed were addressed at the last meeting and he had no objections . Neither did Councilwoman Bennington. Attorney Glenn Storch spoke of allowing themselves to extend Williamson down which he felt was important to the future of Edgewater. Their focus on this was to turn this into an economic development center as opposed to a single family residential area. He felt this would be the gateway to the City. Councilman Emter asked Attorney Storch to be more specific about Williamson Boulevard. Attorney Storch explained it was the road from Ormond Beach as an alternative to I-95 which was planned to go to what would be an extension of State Road 442 . It would create a better traffic flow that would also tie into the I-95 bypass that would go all the way up I-95 . Councilman Enter asked Attorney Storch if he had any responsibility and/or authority for Williamson Boulevard north of State Road 442 . Attorney Storch identified New Smyrna Beach was all for the extension of Williamson all the way through the area. It presently is planned 4 Council Regular Meeting June 4, 2012 to go through an area that is owned by the Utilities Commission, which is having some issues as far as location of that and that seemed to be stopping it. They are in the process of seeing it built all the way to Pioneer Trail through Port Orange . The next section, from Pioneer Trail to SR 44 and then SR 44 to SR 442 those were sections that were unsure at this point. Councilman Ignasiak questioned eminent domain not applying with public agencies. Attorney Storch stated that was an interesting issue and was sure it would be worked out. Mayor Thomas closed the public hearing and entertained a motion. Councilwoman Gigi Bennington moved to approve Ordinance No. 2012-0-04, second by Councilman Michael Ignasiak. The MOTION CARRIED 4-0. Mayor Michael Thomas abstained. b. 2nd Reading - Ordinance No. 2012-0-05: Repealing and Restating Chapter 19 (Utilities and Services) in its entirety 2012-0-05 2` Assistant City Attorney Ciocchetti read Ordinance 2012-0-05 into the record. Acting City Manager Lear made a staff presentation. There was a lengthy discussion with regard to who would be responsible for the maintenance of the plumbing and whether this would be a legal question that the City would have to address with regard to issues between a tenant and landlord. Councilwoman Bennington expressed concern with the City being protected. Councilman Kennedy thought when they talked about this issue last time if there was an issue on the property owner' s side of the meter it would be between the tenant and landlord and had nothing to do with the City. They would always expect payment which would be backed up by the deposit left by the tenant regardless if there was an issue of non-payment. A tenant or landlord might find that State law does not allow the landlord to negate the plumbing. State law would supersede any law the City passes on this anyhow. Councilwoman Bennington commented on a sewer backup problem on her street that they were told was caused by grease from the restaurants on her loop that were backing it up. She asked if the landlords would be responsible because they caused the grease in the sewer system to back up. Environmental Services Director Dewees explained that all 5 Council Regular Meeting June 4, 2012 restaurants have grease traps and the problem was caused because of failure to maintain the grease traps and have it pumped out. That was a perfect example of where they would shut off the water service until the grease traps were cleaned out. Councilman Emter asked for a translation of Section 19-6 on Page 79 that he read with regard to unpaid fees that would constitute a lien. He didn' t understand the relationship between tenant, owner and City. Finance Director John McKinney explained when they rewrote this they made it very clear that with the property owner' s permission they can do business with the tenant. Currently if the property owner does not pay the bill the City liens the property when the bill hits $400 . In the future if the tenant is responsible for the monthly bill they cannot lien over the base bill but they can still lien the base bill to the property owner. Councilman Emter then referred to Pages 100, 102, and 103 and thereafter with regard to commercial hookups . He specifically referred to Section 19. 52 on Page 100 which he read. He identified this was 6 months after City has told them to go ahead and do it, which he questioned was a reasonable length of time . He identified other paragraphs where this has been repeated. He felt it seemed like a pretty long waiting period before something gets done after a problem is identified. Environmental Services Director Dewees explained this was for industrial users who were existing customers . This is if there is a change in requirements for discharges into the wastewater stream. A lot of times it takes that long for people to make changes to their pretreatment standards in order to comply with that. That was a maximum time frame. A lot of times these places will have to get State and local permits that are required in order to comply with the standards . She then explained with new customers they get a copy of all of their business tax receipts . They won' t get their City business tax receipt until they are in compliance with the ordinance. Councilman Emter felt it seemed like a long time. If it were him he would put in a clause that said a lesser time with option to renew. Councilman Ignasiak asked what the industry standard was . Environmental Services Director Dewees identified this was taken from other cities . They have other sections that state if what they' re discharging will cause problems with the City maintaining its permits and being in compliance with its permits, they have the right to shut down their discharges immediately and they have done that. As long as what they are discharging isn' t interfering with the operation of the treatment plant, then they can continue to discharge . Due to there being no further Council comments or public comment, Mayor Thomas opened and closed the public hearing and entertained a motion. 6 Council Regular Meeting June 4, 2012 Councilman Michael Ignasiak moved to approve Ordinance No. 2012-0-05, second by Councilman Justin Kennedy. The MOTION CARRIED 5-0. c. Resolution No. 2012-R-11 : Support for the successful design and construction of the Ridgewood Avenue U. S . 1/S .R. 5 Access Management Project by the Florida Department of Transportation 2012-R-11 . Assistant City Attorney Ciocchetti read Resolution 2012-R-11 into the record. Acting City Manager Lear made a staff presentation. Councilman Ignasiak assumed because he did not see Myron at the meeting that his issues were resolved. He wasn' t exactly happy with this . They are asking for a letter of support, not an acknowledgment to go forward or a yes or no. He felt DOT would do this whether they give them a letter of support or not. He would encourage them to take a look at Turgot again and not employ circular logic in their arguments with and without lights . Councilwoman Bennington identified DOT was using figures from 2005 through 2007 . She spoke of Edgewater changing a lot over the years . She did not believe it would reduce the number of crashes by 22% . She asked why they picked that 2 . 1 miles in the middle of Edgewater to improve. Derek Dixon, FDOT Project Manager, explained that section was determined through their crash data by their Safety Coordinator. Councilwoman Bennington asked who says they have to use it. Mr. Dixon identified it was governed by the State and was part of their policies . If they don' t use that money it goes away. Councilwoman Bennington felt that was key and that this was all motivated by money. Councilwoman Bennington asked if they didn' t give DOT this resolution that they agree with them if they would still do the project or if it would be put on the back burner and the money would be spent some place else. Mr. Dixon explained their intent is to make the road safer. They have been working with City staff. They intend to go forward with this project because if they don' t go forward that money goes away. Councilwoman Bennington felt then it was not about safety but all about money and the flow of traffic on U. S . 41 . Whether the people that live in this City that know the traffic patterns feel this is the best for the City it doesn' t matter because their road goes through the center of our City DOT decides what they are going to get. 7 Council Regular Meeting June 4, 2012 She asked if they had considered pedestrians and where they were going to cross . Mr. Dixon stated this project was not motivated by money and was motivated by safety, which he felt was the most important thing. Councilwoman Bennington felt safety may be a factor in it but the main factor was money because Mr. Dixon said it himself that if DOT doesn' t use that money the State will take it from them. She felt they were doing the City an injustice just like on SR 442 when they took the medians out. She wasn' t going to vote yes for this . She wasn' t going to say she approves because she doesn' t agree with them. They don' t have a voice in what DOT is doing in our City. She feels governments are supposed to be working hand in hand with each other. She felt the City should have the final say on what is done. Mr. Dixon stated he understood her concerns . They met with City staff on many occasions and tried to come to a resolution. They addressed as many of the City' s concerns as they could. DOT' s initiative is to work with the cities . They hope to reduce it by 22% but that was not a definite number. Councilwoman Bennington knew they had meetings and had worked with staff and took full responsibility for not being more aware of this but felt it wouldn' t have changed DOT' s design. She spoke of the reference by Mr. Dilmore that they would need a traffic light at Turgot in the future and asked what the future was, when they have a critical wreck? Even though they have worked with City staff they didn' t come to Council to let them know what they were proposing until they were ready for all of the design. She felt City staff was at fault too for not keeping them current. The governing body had no say over what DOT was going to do to our City. They are going to do it whether they want them to or not and it all boils down to because they don' t want to lose the money. Councilman Emter was at the last public meeting. Comments were made regarding opposition to the number of turns that would be blocked off. His concern was for the businesses along U. S . #1 and how it will affect them. He didn' t see how it would help them and felt it would hurt them. Several people were talking about the same issue. He did not notice any reduction in the number of u-turns that were established or the crossovers that were reduced. He then asked how much of that was seriously considered and modifications made as a result of that. He felt DOT was missing the basic premise. He questioned the numbers as well . Mr. Dixon explained they knew of the concern with the businesses which was why they had that public meeting. They took the concerns from the first public meeting and tried to make it better. They made some modifications to certain areas where they won' t be closing the median or putting in a left turn. As a result of all of the meetings they 8 Council Regular Meeting June 4, 2012 have worked with Myron and he was very happy after the last meeting with regard to what they were going to be doing in his area. They try to look at everything. They are saying if they are a destination business people will still go there . He felt people wouldn' t change because they have to go further down the street and do a u-turn. Councilman Emter identified some things he felt people would change such as a gas station, produce shop, and appliance store. Councilwoman Bennington felt everything that was being put out to the Council was all speculation. Mr. Dixon explained they were trying to make the public that use the road have less conflict and less decisions to cross the road. He identified they weren' t doing any type of cross walking changes and that pedestrian travel would be the same. Councilwoman Bennington commented on people that may want to turn at Turgot Avenue where there it will be blocked and only be a one-way turn. Councilman Kennedy identified there wasn' t a crosswalk there now. Councilwoman Bennington knew that but felt it didn' t prevent people from crossing there. Mr. Dixon identified they were only touching the access management and weren' t touching any of the crosswalks or changing any pedestrian traffic. Councilman Kennedy spoke of his child just getting his driver' s permit and his first time being on U.S. #1 . He believed the changes were guided by safety. If this saves one life it is worth it. Edgewater is probably the last city in Southeast Volusia County to make these changes . At some point in the near future what they are proposing to do will no longer be a change. He felt they should look at the bright side and be positive about it because they have no other choice than to be that way. Councilwoman Bennington stated she understood where Councilman Kennedy was coming from but felt DOT wasn' t talking about saving lives, they were talking about reducing crashes . Her biggest objection is that they don' t have a choice. They can' t compare I-95 to U.S. #1 and can' t even compare U.S. #1 in Edgewater to 92 in Daytona. They are different highways . This is motivated and driven by money and they as a City do not have a say. State Road 442 is horrible and the City had no say in that. She felt they had a right to say they don' t want those changes . She didn' t see it as a big problem and didn' t see why it needed to be done. Mayor Thomas opened the public hearing. The following citizen spoke: 9 Council Regular Meeting June 4, 2012 Jack Hayman, former Mayor of Edgewater, 3003 Travelers Palm Drive, was on Council when State Road 442 was approved. He has heard everything they have said, he has been where they are and he has had the same feelings . He felt the Council needed to join the process with DOT. He informed them they do have choices . He felt it was going to be a disaster for the economic development in the near term, mid-term and long term if they don' t have a provision where they can let those development ideas and the individual property owners that would be impacted negatively if they can' t convert their properties to something that is worthwhile. They have to use the mechanisms they have, starting with Darren. They will not succeed if they continue to beat around the bush and say they don' t want this . He suggested they go to the next level to see how they can change this . He suggested the Council look at the report that is on the DOT website, which is a regurgitation of the public meetings they have had. There is a whole paragraph devoted to Edgewater and it' s not pretty. It is says it looks like Edgewater wasn' t going to cooperate. He said they are going to cooperate and they have to cooperate. They owe it to the constituents and the businessmen and businesswomen in this community who have invested and are going to invest in this community. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilman Michael Ignasiak moved to approve Resolution No. 2012-R-11, second by Councilman Justin Kennedy. The MOTION CARRIED 4-1. Councilwoman Gigi Bennington voted NO. d. Resolution No. 2012-R-12 : Authorization for the City Manager to execute a Utility Work Agreement between the City of Edgewater and the Florida Department of Transportation 2012-R-12 Assistant City Attorney Ciocchetti read Resolution 2012-R-12 into the record. Acting City Manager Lear made a staff presentation. Mayor Thomas asked for Council comments . Councilman Ignasiak confirmed that the funding source would be next year' s budget. Acting City Manager Lear informed him it was . Councilwoman Bennington pointed out the next request said the financial responsibility of the City would be $22, 534 . Acting City Manager Lear informed her that was for the paver crosswalks at the 10 Council Regular Meeting June 4, 2012 intersections . This item was for the irrigation lines for the medians for the landscaping of the medians . Councilman Ignasiak spoke of this being a topic before with regard to increasing the beautification of the City' s accessways . Acting City Manager Lear pointed out it was keeping in line with the vision they have and enhancing the aesthetics of the corridor. Councilwoman Bennington asked if they were going to run the reuse lines why not keep going across U.S. #1 . Environmental Services Director Dewees explained the intent was to get reclaimed water to the new fire station, which is the first step to getting it on the other side of U.S. #1 . Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilman Gene Emter moved to approve Resolution No. 2012-R-12, second by Councilman Michael Ignasiak. The MOTION CARRIED 5-0. e. Resolution No. 2012-R-13: Authorization for the City Manager to enter into a Locally Funded Agreement with the Florida Department of Transportation for the Ridgewood Avenue U. S . l/S.R. 5 Access Management Project 2012-R-13 Assistant City Attorney Ciocchetti read Resolution 2012-R-13 into the record. Acting City Manager Lear made a staff presentation. Mayor Thomas asked for Council comments . Councilman Emter asked what it was composed of and how long it would last. Acting City Manager Lear explained he had been talking to the landscape architects and due to not being sure if DOT was on board they may be going with a different type of material . They haven' t actually worked out the type of pavers yet. Councilman Kennedy was for the pavers and felt it was an opportunity to do it while they are doing the project. He then asked what else they could get for $22, 000 in terms of beautifying the area. This is the first he has heard of this . He felt it could also buy other things that could make U.S. #1 look nice. He questioned if they were able to change their minds . Acting City Manager Lear informed him if something came up later they would have to be very expeditious about 11 Council Regular Meeting June 4, 2012 it and change it. He asked if they were going to authorize this and if they wanted to spend $22, 000 on pavers . Councilman Emter felt they didn' t have any alternatives . Councilman Kennedy commented on being in the business and thinking of a lot of other things to spend $20, 000 on. Maybe it is pavers but maybe it' s not. They have a say in this and now is the opportunity. Councilwoman Bennington stated it fits in the CRA district and the design they have laid out in their vision. They won' t get it any cheaper than they can at this point right now. If they are going to tear up the road, let' s fix it while they have it tore up and do what they wanted to do. Councilman Kennedy pointed out they didn' t have a CRA yet and this was not being paid by CRA funds . This was being paid by the taxpayers of the City. He just wanted to thoroughly vet this notion that they are going to put pavers at U.S. #1 . He further spoke of why he feels it doesn' t seem to be enough money. Councilwoman Bennington informed Councilman Kennedy this was just what the City was putting in and DOT was giving them a grant for the rest of it. Acting City Manager Lear informed her the grant from DOT would be for landscaping. Councilwoman Bennington confirmed they could do the pavers across U. S . #1 for the $22, 000 . Acting City Manager Lear informed her that was what consultant said. This was just the crosswalks and not the entire intersection. Councilman Kennedy asked what their other alternatives were and what else they could we get. Councilman Ignasiak felt they needed a starting point for the vision that they committed to. This is not a significant change, it' s a timely change. Barring other ideas and issues, he liked the idea. He felt it physically signaled a commitment to the area and shows progress moving in that area. He mentioned putting a provision in this to look at it again before it starts . He asked if this was a failpoint where once they commit to this DOT locks in or was there leverage room later if another ideas comes up for that intersection that they could back out. Acting City Manager Lear felt DOT would work with them later on if they decided they wanted to amend something. Derek Dixon, DOT, Project Manager, identified this was something they wanted to work with the City on. When they came for the first public meeting they saw the vision plan and tried to come up with a way to work with it. It' s up to the City what they want to do but they wanted to know right away. 12 Council Regular Meeting June 4, 2012 Councilman Kennedy asked when would be the last point to let DOT know. He asked if they could put this off for another month and look at other options . Mr. Dixon informed him he wasn' t sure and that the production date was August 1st of this year. Councilman Ignasiak stated this is a plan the City came up, not DOT. He wasn' t sure if other options were discussed at the vision sessions . Councilman Kennedy commented on the intersection at Park Avenue being all pavers in the vision. Acting City Manager Lear informed him it was but they don' t have the money for that. Councilman Kennedy asked what the City gets if they don' t pay for anything, cross walks with white lines? Mr. Dixon identified they would look like the other crosswalks . Councilman Kennedy felt just painting the medians that are there now would be a tremendous improvement. He wasn' t so sure he wanted to spend $20K on something that personally he doesn' t think they are getting the bang for their buck on. Councilman Emter identified he was also under the misapprehension that this was going to be the entire crosswalk. He felt Councilman Kennedy had a point. He would like to see if Councilman Kennedy could come up with in two weeks alternatives to review with staff and then use the second two weeks to do what he has to do to get it back to Council at the next meeting. The next meeting would be held on July 16th. Mr. Dixon stated the latest they could probably do would be early July. Councilman Kennedy asked if there was an intersection nearby that just had the crosswalk done. Mr. Dixon believed there was but didn' t remember off the top of his head. There was a brief discussion regarding the pavers being placed across U.S. #1 from east to west for the crosswalk. Councilman Ignasiak identified that was a different vision than the vision that had originally progressed through there. Councilman Emter suggested Councilman Kennedy come up with alternatives and review them with staff at least from that group they could come up with some ideas that would communicate to DOT and then come back to Council at the July meeting with a decision. Councilman Kennedy agreed to bring them everything he could find that way they would have a comparison. Councilwoman Bennington suggested they table the resolution. Mayor Thomas asked for public comment. There was no public comment at this time. 13 Council Regular Meeting June 4, 2012 Councilwoman Bennington stated Councilman Kennedy didn' t say anything about spending $150, 000 to put the lines in and asked him if he thought it was worth it for them to run the reclaimed water across U.S. #1 . Acting City Manager Lear identified the $150, 000 was for the landscaping and the irrigation. Councilman Kennedy spoke of the reclaimed lines being another relief outlet for reclaimed water so that serves a purpose . They were also talking about multiple medians, not just two white lines going across Park Avenue. He would like to get away from irrigation and feels it is a waste but he was okay with it because it serves multiple purposes . Councilwoman Bennington asked where the $150, 000 was coming from. Acting City Manager Lear informed her they would have to budget for it next year. Councilwoman Bennington asked if it would come out of the General Fund. Acting City Manager Lear informed her part of it would. Finance Director McKinney further identified where the money would come from. Councilman Kennedy felt if they decided to tighten the belt on the line they could probably put sleeves in and not spend $150, 000 . Acting City Manager Lear pointed out DOT agreed to put the sleeves in for the City. Councilman Kennedy felt if they get the sleeves in they would have a start. Mayor Thomas opened the public hearing. The following citizens spoke: Christine Power, 406 N. Riverside Drive, stated the plan said stamped asphalt and wasn' t sure if this was cheaper than pavers . She then pointed out that Daytona did pavers on Beach Street probably 10 years ago and they have held up pretty well . She felt they may want to look at what they have done. She felt they might have surplus there. Councilman Kennedy asked Ms . Power if she was talking about the sunburst and identified the entire square was done. Once and if they get a CRA district and they start to generate revenue years down the road that is how that would be funded. Patrick Fisher-Carnes, 2513 Glen Haven Street, New Smyrna Beach, identified his wife was one of the partners in the Coastal Family Practice located on U.S. #1 and was not sure if sidewalks along the west side of U. S . #1 were included but certainly if they were looking for some place to put money, completing the sidewalks on that side of the road is something that would really make it more accessible for everybody. He spoke of the people that walk through the business parking lots and landscaping to traverse that area of that side of the 14 Council Regular Meeting June 4, 2012 street. He was looking forward to trying to increase the amount of sidewalk on that side of the street was something they could look at. Councilwoman Bennington spoke of surveys that were being done. Acting City Manager Lear further identified they had a design for sidewalks on the east and west side of U.S . #1 from 10th Street to Volco Road. Mayor Thomas entertained a motion. Councilwoman Gigi Bennington moved to table Resolution No. 2012-R-13 until the July 16th meeting for Councilman Kennedy's report to see what they can get done, second by Councilman Gene Emter. The MOTION CARRIED 5-0. 9. BOARD APPOINTMENTS a. Planning and Zoning Board - Mayor Thomas ' appointment due to the resignation of Gene Emter (This item was continued from the May 14, 2012 meeting) . Emter Appointment IL Mayor Thomas nominated Jim Fisher to be appointed to the Planning and Zoning Board. There was a brief discussion regarding Mr. Fisher' s term expiring in less than a month and waiting to appoint him or appointing him for a three year term. Assistant City Attorney Ciocchetti stated they had to wait for the term expiration and still take applications too. Mr. Fisher stated he would like to be appointed and would reapply. Councilwoman Gigi Bennington moved to approve the appointment of Jim Fisher to the Planning and Zoning Board, second by Councilman Michael Ignasiak. The MOTION CARRIED 5-0. b. Firefighters Pension Fund Board - Mayor Thomas' appointment due to the expired term of Barbara Scott, who is seeking reappointment . Scott Appointment Mayor Thomas nominated Barbara Scott to be reappointed to the Firefighters Pension Fund Board. 15 Council Regular Meeting June 4, 2012 Councilwoman Gigi Bennington moved to approve the reappointment of Barbara Scott to the Firefighters Pension Fund Board, second by Councilman Michael Ignasiak. The MOTION CARRIED 5-0. 10. OTHER BUSINESS a. Authorization for the Mayor and City Manager to execute a letter of further interest regarding the Medical Patient Transport Program Medical Transport " Acting City Manager Lear made a staff presentation. Councilman Ignasiak stated when he first heard about this to say he was skeptical with the County would be an understatement because there was no motive given why suddenly they are now doing this . Especially in light of the situation they had recently dealt with. He feared when they look at this and explore this they would offer opportunities for non emergency transport only, which he felt really didn't benefit our citizens . He was very interested in the issue of critical transport because he feels they offer significant benefit to our citizens in the ability of our own fire service in emergency situations to react quickly to cut the transport time down. He would support the City Manager to sit down with the County and work the details out but with the caveat that if emergency transport was not included in the package he would not support it. Mayor Thomas was sure they could negotiate some things . He had some things that needed to be negotiated too. Councilwoman Bennington spoke of being appalled at the letter she received from Chairman Bruno. She was insulted because the County did not tell them they were going to consider this and just did it. The letter was laid out in a way she wouldn' t have given them the time of day. She feels they should find out what they are really proposing and wants to see it in black and white and have the County answer a lot of questions . She doesn' t want to be left holding the bag cost wise. Councilman Emter felt that was decidedly possible depending on the details of the contract. Mayor Thomas suggested they see what they can work out. Councilman Emter wanted to hear from Fire Chief Cousins' as to what his thoughts were. Fire Chief Steve Cousins agreed. He and the City Manager share the same concerns as well as some others . They feel this is a small step in the right direction but there was definitely a 16 Council Regular Meeting June 4, 2012 lot of stuff that had to be talked out and hashed out. They support moving forward to get to the table to start having the discussions . The most critical patients are the ones that need the most immediate transport and intervention right away. It does consume resources to do this . They think it is beneficial but they don' t want to be taken advantage of through this process that ultimately would have the potential to harm the response within the community. They feel this is a big step for the County and they are trying to be optimistic that the motivation is correct. This allows them to get to the table to have further discussion. Councilwoman Bennington felt this was a crafty laid plan and in the end it was meant to leave them holding the bag cost wise and the citizens would suffer from this too. It wouldn' t hurt to find out what they have in mind. Councilman Kennedy stated roughly 6 months ago they said they wanted this . A lot of people have worked diligently for months to try and get the County to work with them. The door is open and they need to get their foot in. He spoke of saving the County money and creating a better service by transporting in Edgewater and Ponce Inlet because of the geography of the situation. Mayor Thomas pointed out they weren' t signing anything that said they were going to do it. Councilman Kennedy felt maybe there is some merit. There may be some boobytraps along the way but they all know to look out for them. He didn't see any harm in doing this . They have been asking for this for years and they are finally there. He suggested they make sure this is what they are asking for and get their foot in the door and make sure nobody shuts it again. Let' s be positive and make a good relationship and who knows what will come of this . If not, they have lost nothing. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilman Justin Kennedy moved to approve authorizing the Mayor and City Manager to execute a letter of further interest regarding the Medical Patient Transport Program, second by Councilman Gene Emter. The MOTION CARRIED 5-0. b. Approval of the Bus Bench Agreement with Waverly Media, LLC Bus Bench Signs - Revised Agreement )`- Acting City Manager Lear made a staff presentation. He identified some minor changes since the agenda packet went out. 17 Council Regular Meeting June 4, 2012 Councilwoman Bennington felt this was a good idea. Councilman Ignasiak liked the idea of Edgewater businesses having priority and first preference in the choice of the benches . He asked to be enlightened on the four benches which the City will get to use themselves and if there were restrictions, applications and location. Leisure Services Director Jack Corder explained that was territory they were looking at that possibly they could talk with them about changing out some of the benches and doing some event advertising. Councilman Ignasiak confirmed they would have to pay to have the advertisement put up itself but they wouldn' t be paying rent on using the advertisement for that period of time. Leisure Services Director Corder confirmed that was correct. Mayor Thomas entertained a motion. Councilman Gene Emter moved to approve the Bus Bench Agreement with Waverly Media, LLC, second by Councilwoman Gigi Bennington. The MOTION CARRIED 5-0. c. Approval of list of prime contractors prequalified to bid on the Wastewater Treatment Plant Renewal and Replacement project olk Wastewater Plant }" Acting City Manager Lear made a staff presentation. Due to there being no Council or public comments, Mayor Thomas entertained a motion. Councilwoman Gigi Bennington moved to approve the list of prime contractors prequalified to bid on the Wastewater Treatment Plant Renewal and Replacement project, second by Councilman Michael Ignasiak. The MOTION CARRIED 5-0. d. Status report of Project Goals g Goals )' This item was continued to the next meeting under Agenda Changes and/or modifications 18 Council Regular Meeting June 4, 2012 11. OFFICER REPORTS a. City Clerk City Clerk Wenzel informed Council their first meeting in August was scheduled for August 13th. She received a letter from Ann McFall that August 14th is the Primary Election. She spoke of the Council Chambers being a voting precinct. If they have the meeting on August 13th the poll workers will not be able to set up for the election. They have asked if the Council could possibly move their meeting. City Clerk Wenzel asked if they could move the meeting to August 20th with the next meeting scheduled for August 27th due to having to have two meetings that month because of the budget schedule . There was a brief discussion regarding not being able to hold a meeting on August 6th due to the budget schedule and not having to hold a meeting on August 20th and then one on August 27th due to it being a Budget Workshop, which they could do any time. There was further discussion regarding last year being the first time in a few years that they have had to have two budget workshops so there was potential after the August 20th Budget Workshop that they would not need to have a second Budget Workshop on August 27th. Finance Director McKinney described typically in years past they have done General Fund from 5 p.m. to 6 p.m. at one meeting and the Enterprise Funds at the second meeting or they could back up the time to 4 : 30 p.m. and get them all done in one day. City Clerk Wenzel informed Council there would be a Regular Meeting on August 20th at 6 p.m. There was a brief discussion regarding holding the Workshops during the day and Finance Director McKinney having to make sure there are no conflicts with the County in order to do that. He agreed to advise Council at the July 16th meeting what the dates would be for the Budget Workshops . City Clerk Wenzel informed Council next week on Monday through Wednesday she would be in St. Augustine at the Florida Association of City Clerks Summer Conference. City Clerk Wenzel reminded Council immediately after the meeting tonight they would be taking Council photographs . b. City Attorney Assistant City Attorney Ciocchetti informed Council City Attorney Wolfe had been in trial since May 26th and should be done Tuesday or Wednesday of this week. He also informed them it was a pleasure seeing them this evening and that it had been awhile. 19 Council Regular Meeting June 4, 2012 c. City Manager Acting City Manager Lear informed Council that Fire Chief Cousins was going to go over the 4th of July schedule and discuss the parking agreements . He advised Council there also needed to be discussion about the ribbon cutting for the new Fire Station on U. S. #1 . They were also going to coordinate with Brenda and some ribbon cuttings on some of her projects on the same date. Fire Chief Cousins described for Council the activities planned for the 4th of July. Fire Chief Cousins then commented on the parking agreements that needed to be approved for the 4th of July event in order for the Mayor to execute the standard parking agreements that they normally use for overflow parking. Councilwoman Gigi Bennington moved to approve the 4th of July parking agreements, second by Councilman Gene Emter. The MOTION CARRIED 5-0. Fire Chief Cousins informed Council they were now occupying Fire Station #55 on U. S . #1 . They had some small items that needed to be cleaned up on their punch list but he thought they were ready to set the date for the ribbon cutting and open house for the community. He suggested the ribbon cutting and open house be held on June 30th. Mayor Thomas stated he was going on vacation for a week that day. Fire Chief Cousins advised they could push the date back. Councilwoman Bennington suggested they push it back until after July 4th. Councilman Kennedy suggested since the Fire Department sponsors the celebration why don't they have it on July 4th. Mayor Thomas would be gone that whole week and would not be back from vacation. Acting City Manager Lear suggested City Clerk Wenzel and City Manager Barlow get together and get with Council' s calendars and see what could be worked out. Fire Chief Cousins informed the Council that some of the folks at the Fire Station wanted to invite them for breakfast and give them a private tour of the Fire Station. He suggested dates of June 15th, June 18th, June 21st or June 27th. It was the consensus of Council to go with Thursday, June 21st. Fire Chief Cousins agreed to work with City Clerk Wenzel to confirm. Immediately following breakfast they will take a road trip and do some ribbon cutting opportunities at some of Environmental Services Director Dewees' projects . 20 Council Regular Meeting June 4, 2012 Leisure Services Director Corder advised Council tentatively they were scheduling a ribbon cutting for July 28th at 10 a.m. for the Dog Park. 12. CITIZEN COMMENTS The following citizen spoke: John Zino, 718 Navigators Way, stated about eighteen months ago he wrote a letter to DOT and Volusia County Transportation requesting there be consideration for slight bus pull offs on U. S . #1 so vehicles picking up passengers would not be blocking the right lane as they currently do on U.S. #1 . He received a two page e-mail telling him why they could not do it. He was bringing it to Council' s attention because they are in the throws of doing some work on U. S. #1 such as a sidewalk and revamping turns . He would like Council to consider thinking about ways to allow some sort of a small curb pull off to get that bus off the right lane so it doesn' t block traffic as they are moving north and south on U. S. #1 . 13. ADJOURNMENT There being no further business to discuss, Mayor Thomas adjourned the meeting at 8 : 20 p.m. Minutes submitted by: Lisa Bloomer, CMC Attest: APPROVED: City of Edgewater, Florid to ;banner 1, MOW �' Bonnie Wenzel, City Clerk Michael L. Thomas, Mayor 21 Council Regular Meeting June 4, 2012 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION,AUTHORITY,OR COMMITTEE Michael L.Thomas City Council MAILING ADDRESS THE BOARD,COUNCIL,COMMISSION,AUTHORITY OR COMMITTEE ON • Post Office Box 100 WHICH I SERVE IS A UNIT OF: • CITY COUNTY Ocrry ❑COUNTY QOTHER LOCAL AGENCY Edgewater Volusia NAME OF POLITICAL SUBDIVISION: City of Edgewater DATE ON WHICH VOTE OCCURRED MY POSITION IS June 4,2012 0 ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board, council, commission,authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal(other than a government agency)by whom he or she is retained(including the parent organization or subsidiary of a corporate principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163,356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a"relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner,joint venturer,coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). t t x t t t t t t t t t t t t t ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting,who should incorporate the form in the minutes. t w t w t t t t t t t t t t t t APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side) APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Michael L.Thomas ,hereby disclose that on June 4 20 12 (a)A measure came or will come before my agency which(check one) © inured to my special private gain or loss; see additional disclosure below _ inured to the special gain or loss of my business associate, • inured to the special gain or loss of my relative, inured to the special gain or loss of by whom I am retained;or inured to the special gain or loss of ,which is the parent organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows: Ordinance 2012-0-04 Amendment to the Comprehensive Plan Future Land Use Map. i am a member of a hunt club which leases a parcel of land from the property owner. (a) (continued) : or may appear to inure to my special private gain or loss and to avoid the appearance of impropriety disclosure is prudent . I i IISz o2I of Filed Si nature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM 8B-EFF.112000 PAGE 2