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09-10-2012 - Regular CITY COUNCIL OF EDGEWATER REGULAR MEETING September 10, 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 . There was a silent invocation and pledge of allegiance to the Flag. Mayor Thomas asked everyone to remember the victims of 9/11 in their prayers . Present Mayor Michael Thomas Councilman Justin Kennedy Councilwoman Gigi Bennington Councilman Michael Ignasiak Councilman Gene Emter City Manager Tracey Barlow City Clerk Bonnie Wenzel City Attorney Aaron Wolfe Absent None 2. APPROVAL OF MINUTES August 20, 2012 Minutes a. Regular Meeting - August 20, 2012 Councilman Michael Ignasiak moved to approve the minutes of the Regular Meeting of August 20, 2012, second by Councilman Gene Emter. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Gigi Bennington, Councilman Justin Kennedy, Mayor Michael Thomas 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS There were no Presentations at this time. 4. CITIZEN COMMENTS 1 Council Regular Meeting September 10, 2012 The following citizens spoke: Dominic Capria, 606 Topside Circle, mentioned a request that was made that they get HOA' s involved in the meetings, which he agreed with unless it involved politics coming up in 2014 . Councilman Ignasiak questioned what they would not be involved with which would not be political. Mr. Capria mentioned again being for it but pointed out nobody on the Council commented on it and he wanted to hear some comments on it from the Council . Councilman Ignasiak identified he would be attending the Florida Shores Homeowners Association tomorrow night. Sometimes they provide him an opportunity as a Councilman to speak at the end of the meeting. He is also a regular member of the HOA. There is contact out there and there are efforts being extended and made. Mr. Capria commented on also attending the Florida Shores HOA meetings even though he doesn' t live there and he felt they do a good job. Councilman Emter commented on bringing this up in the first place to increase communication between the community and the City. Councilman Kennedy agreed with Councilman Emter and Councilman Ignasiak. Leon Garrity, 2945 Yule Tree Drive, commented on the sidewalk project on 30th Street and Yule Tree Drive. He commented on the retaining wall in front of his house being inadequate and the standing water in the swales . He also wanted to know if there would be guard rails where the sidewalk comes within six inches of the road. City Manager Barlow identified the sidewalk project was near completion, which was built to the specifications of FDOT based on the design and construction. Once it is turned over to the City, they could make modifications . He identified that some of the areas may have been designed to retain water. He agreed to look into Mr. Garrity' s concerns and encouraged him to contact Leisure Services Director Jack Corder who was the project manager. He also commented on the project becoming a little more complex than they initially thought it was going to be. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA Mayor Thomas identified they were switching Item 8D and 8E. 6. CITY COUNCIL REPORTS 2 Council Regular Meeting September 10, 2012 Councilman Ignasiak reported on attending the opening of the City Gardens/Horticulture event. He commended City Manager Barlow and Janet Shira for doing a good job. Councilman Emter reported on attending the VCOG meeting for Mayor Thomas, the TPO meeting, the Economic Development Board meeting and the Chamber of Commerce Workshop on Social Media. He further commented on a meeting he attended with Lois Bollenbeck, Executive Director for the TPO where they discussed the City' s anticipated growth. Councilman Kennedy reported on attending the City Gardens/Horticulture event. Councilman Kennedy commented on the Aqua Park situation, which he described for Councilwoman Bennington as she was not at the last meeting. He then provided the history and statistics of Aqua Park. Mr. Gansert was requesting a 75% discount for the months of May through September, which is their highest usage months . City Manager Barlow informed Council he was going to bring up the Chamber issue and the Aqua Park issue under his report. Councilman Kennedy expressed his concern with regard to the funding that has been given to the Chamber since 2009 and whether or not they can afford to continue to give to both. If they can' t, they need to determine where and why do they give it with regard to the benefit to the community. Councilwoman Bennington commented on finalizing the plans for the Fall Festival. She asked Council if they would be willing to make a personal donation. Councilwoman Bennington spoke of watching the recording of the Code Enforcement Board meeting that is available online. She felt they should require each board to have training each year on the Sunshine Law and the policies and procedures of the board and how they operate, which she felt all of the boards would benefit from. City Clerk Wenzel suggested they do two meetings, one in the morning and one in the evening. Councilwoman Bennington felt this should be mandatory if they are going to serve on a board. Councilman Kennedy suggested incorporating a meet and greet along with the presentation. Councilman Ignasiak agreed it was a good idea and suggested they have someone there with legal expertise to answer questions . City Clerk Wenzel informed him they had the City Attorney present when they did this a couple of years ago. Because this was not mandatory, they had a lot of board members that did not attend. Councilwoman Bennington 3 Council Regular Meeting September 10, 2012 felt the boards needed to be held to the same standards as the Council and needed to be made aware that was what they expect of them. City Manager Barlow commented on how challenging it is just to get a quorum of a single board with regard to making this training mandatory. He recommended they give the City Clerk a provision where she can offer that they sit down and watch it if they can' t make the meetings . They don' t have a list of people waiting to get on boards so when they start washing people off boards, he felt it would be problematic. He also mentioned the meetings now being available online so if they couldn' t attend the workshop, they could always watch it online . Councilman Kennedy suggested a policy be put together of the options . Councilwoman Bennington asked if they make it mandatory if it needed to be included in the boards' by-laws . City Attorney Wolfe didn' t think it needed to be in the by-laws . Councilman Kennedy felt this was for the board members' own protection and that some of the board members' just don' t know. Mayor Thomas suggested City Clerk Wenzel draft something. Councilwoman Bennington suggested City Attorney Wolfe make a presentation regarding the legality. Councilman Emter suggested he work with City Manager Barlow to coordinate. Mayor Thomas reported on attending the Daughters of the American Revolution meeting last week where he presented a proclamation declaring Constitution Week. 7. CONSENT AGENDA a. Approval of Amendment No. 1 to the Agreement with Cloer & Sons, Inc. , for Green Waste Hauling. Agenda Request b. Approval of the donation of out of service bunker gear to Fire Dog Services contingent upon the execution of an Indemnification Agreement. Agenda Request ' c. Approval of the annual Co-Op Bid for chemicals for the Water and Wastewater Plants and authorization for the City Manager to issue the purchase orders . Agenda Request ' - 4 Council Regular Meeting September 10, 2012 d. Accepting a Temporary Access and Construction Easement with Kelsey, Inc. , for the installation of a reclaimed water line to serve Fire Station #55. Agenda Request Michael Ignasiak moved to approve the Consent Agenda, second by Councilwoman Gigi Bennington. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Gigi Bennington, Councilman Justin Kennedy, Mayor Michael Thomas 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 1st Reading - Ordinance No. 2012-0-08 : An amendment to Article III (Permitted, Conditional, Accessory and Prohibited Uses) of the Land Development Code. Agenda Request .z72.:ry City Attorney Wolfe read Ordinance 2012-0-08 into the record. City Manager Barlow made a staff presentation by describing the proposed text amendments . Mayor Thomas opened the public hearing. There was a discussion regarding the bond requirement for churches, religious organizations or not-for-profit organizations that obtain special activity permits . Due to there being no further Council or public comments, Mayor Thomas closed the public hearing and entertained a motion. Councilman Michael Ignasiak moved to approve Ordinance No. 2012-0-08, second by Councilwoman Gigi Bennington. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Gigi Bennington, Councilman Justin Kennedy, Mayor Michael Thomas b. 1st Reading - Ordinance No. 2012-0-09: Amending and 5 Council Regular Meeting September 10, 2012 restating Article V (Site Design Criteria) of the Land Development Code. Agenda Request 21- City Attorney Wolfe read Ordinance 2012-0-09 into the record. City Manager Barlow made a staff presentation. Mayor Thomas opened the public hearing. City Manager Barlow answered questions for Councilwoman Bennington and Councilman Emter. Due to there being no further Council or public comment, Mayor Thomas closed the public hearing and entertained a motion. Councilman Gene Emter moved to approve Ordinance No. 2012-0-09, second by Councilman Michael Ignasiak. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Gigi Bennington, Councilman Justin Kennedy, Mayor Michael Thomas c. 1st Reading - Ordinance No. 2012-0-10 : GS Florida, LLP requesting an amendment to the Official Zoning Map to include 5, 187± acres of land west of Interstate 95 and north of S.R. 442 as SCD/PUD (Sustainable Community Development Planned Unit Development) . ink Agenda Request )' City Attorney Wolfe read Ordinance 2012-0-10 into the record. City Manager Barlow made a staff presentation. Mayor Thomas opened the public hearing. Ted Brown, Attorney for Baker Hostetler, answered questions presented by Councilman Emter. He offered and came prepared to make a presentation for Council if they wanted him to. Mayor Thomas and Councilwoman Bennington presented comments . Attorney Brown presented additional comments . 6 Council Regular Meeting September 10, 2012 Due to there being no further Council or public comment, Mayor Thomas closed the public hearing and entertained a motion. Councilman Gene Emter moved to approve Ordinance No. 2012-0-10, second by Councilwoman Gigi Bennington. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Gigi Bennington, Councilman Justin Kennedy, Mayor Michael Thomas There was a ten-minute recess at this time. The meeting recessed at 7 : 00 pm. and reconvened at 7 : 10 p.m. d. Resolution No. 2012-R-17 : Approval of the tentative budget providing for appropriations for Fiscal Year 2012-2013. Agenda Request City Attorney Wolfe read Resolution 2012-R-17 into the record. Finance Director McKinney made a staff presentation by describing the tentative budget. Mayor Thomas opened the public hearing. Councilman Emter presented comments . There was a brief discussion about the budget being transparent with no appearance that they are trying to hide something and that money isn't being taken from one place to pay for something else . Due to there being no further Council or public comment, Mayor Thomas closed the public hearing and entertained a motion. Councilman Michael Ignasiak moved to approve Resolution No. 2012-R-17: Approval of the tentative budget providing for appropriations for Fiscal Year 2012-2013, second by Councilman Gene Emter. The MOTION APPROVED 5 - 0. Yes Mayor Michael Thomas, Councilman Justin Kennedy, Councilwoman Gigi Bennington, Councilman Michael Ignasiak, Councilman Gene Em ter e. Resolution No. 2012-R-16: Approval of the tentative millage rates for the City for Fiscal Year 2012-2013. 7 Council Regular Meeting September 10, 2012 Agenda Request This item was discussed before Item 8D. City Attorney Wolfe read Resolution 2012-R-16 into the record. Finance Director McKinney made a staff presentation by describing the TRIM. Due to there being no Council or public comments, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilwoman Gigi Bennington moved to approve Resolution No. 2012-R- 16, second by Councilman Michael Ignasiak. The MOTION APPROVED 5 - 0. Yes Mayor Michael Thomas, Councilman Justin Kennedy, Councilwoman Gigi Bennington, Councilman Michael Ignasiak, Councilman Gene Em ter f. Resolution No. 2012-R-15: Authorizing the submittal of an application for an upland easement to the Florida Department of Environmental Protection. Agenda Request 2'' City Attorney Wolfe read Resolution 2012-R-15 into the record. City Manager Barlow made a staff presentation. Mayor Thomas opened the public hearing. City Manager Barlow and Environmental Services Director Brenda Dewees answered questions and addressed concerns presented by Councilwoman Bennington, Councilman Kennedy and Councilman Emter. Due to there being no further Council or public comments, Mayor Thomas closed the public hearing and entertained a motion. Councilman Justin Kennedy moved to approve Resolution No. 2012-R-15, second by Councilman Gene Emter. The MOTION APPROVED 5 - 0. Yes Mayor Michael Thomas, Councilman Justin Kennedy, Councilwoman Gigi Bennington, Councilman Michael Ignasiak, Councilman Gene Emter 8 Council Regular Meeting September 10, 2012 9. BOARD APPOINTMENTS There were no Board Appointments at this time. 10. OTHER BUSINESS a. Authorization for the City Manager to execute the Loan Application to the FDEP for a loan not to exceed $6, 347, 283 for the Wastewater Treatment Plant Renewal and Replacement project; authorization for the City Manager to execute any amendments reducing the original maximum loan amounts; and authorization to amend the budget to identify the project. Agenda Request . City Manager Barlow made a staff presentation. Councilman Emter felt this was an investment in the future. Due to there being no further Council or public comments, Mayor Thomas entertained a motion. Councilman Michael Ignasiak moved to approve authorizing the City Manager to execute the Loan Application to the FDEP for a loan not to exceed $6,347,283 for the Wastewater Treatment Plant Renewal and Replacement project; authorization for the City Manager to execute any amendments reducing the original maximum loan amounts; and authorization to amend the budget to identify the project, second by Councilman Gene Emter. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Gigi Bennington, Councilman Justin Kennedy, Mayor Michael Thomas b. Authorization to award the contract for construction of the Wastewater Treatment Plant Renewal and Replacement project to Brandes Desing-Build, Inc. , and authorize the City Manager to execute the contract, contingent upon funding approval by the FDEP Bureau of Water Facilities Funding. ask Agenda Request City Manager Barlow made a staff presentation. 9 Council Regular Meeting September 10, 2012 Due to there being no Council or public comments, Mayor Thomas entertained a motion. Councilman Gene Emter moved to approve awarding of the contract for construction of the Wastewater Treatment Plant Renewal and Replacement project to Brandes Desing-Build, Inc. , and authorize the City Manager to execute the contract, contingent upon funding approval by the FDEP Bureau of Water Facilities Funding, second by Councilman Justin Kennedy. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Gigi Bennington, Councilman Justin Kennedy, Mayor Michael Thomas c. Approval of the work order and purchase order to Quentin L. Hampton Associates, Inc. , for technical services during construction and performance/warranty period for the Wastewater Treatment Plant Renewal and Replacement Project in the amount not to exceed $431, 600 and approval of the necessary budget amendment. simt Agenda Request City Manager Barlow made a staff presentation. There was a discussion with regard to excluding the budget amendment because of the projects being approved by Council and now showing up in the final budget. Due to there being no further Council or public comments, Mayor Thomas entertained a motion. Councilwoman Gigi Bennington moved to approve the work order and purchase order to Quentin L. Hampton Associates, Inc. , for technical services during construction and performance/warranty period for the Wastewater Treatment Plant Renewal and Replacement Project in the amount not to exceed $431,600 excluding the budget amendment, second by Councilman Michael Ignasiak. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Gigi Bennington, Councilman Justin Kennedy, Mayor Michael Thomas d. Authorization for the Mayor and City Clerk to execute the drainage easement to Volusia County for Project Number P- 10 Council Regular Meeting September 10, 2012 5061, Parcel Number 813. Agenda Request City Manager Barlow made a staff presentation. City Manager Barlow answered questions and addressed concerns presented by Councilman Ignasiak, Councilwoman Bennington, and Councilman Kennedy. Due to there being no further Council or public comments, Mayor Thomas entertained a motion. Councilman Michael Ignasiak moved to approve authorization for the Mayor and City Clerk to execute the drainage easement to Volusia County for Project Number P-5061, Parcel Number 813, second by Councilwoman Gigi Bennington. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Gigi Bennington, Councilman Justin Kennedy, Mayor Michael Thomas e. Approval of the release of the easement described as Project P-5061, Parcel Number Shopping Center and authorization for the Mayor and City Clerk to execute the document. Agenda Request r ` City Manager Barlow made a staff presentation. City Manager Barlow and Environmental Services Director Dewees answered questions and addressed concerns presented by Councilman Ignasiak, Councilman Kennedy, Councilwoman Bennington and Mayor Thomas . Due to there being no further Council or public comments, Mayor Thomas entertained a motion. Councilwoman Gigi Bennington moved to approve the release of the easement described as Project P-5061, Parcel Number Shopping Center and authorization for the Mayor and City Clerk to execute the document, second by Councilman Michael Ignasiak. The MOTION APPROVED 5 - 0. 11 Council Regular Meeting September 10, 2012 Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Gigi Bennington, Councilman Justin Kennedy, Mayor Michael Thomas f. Approval of the Interlocal Agreement with Volusia County for Provision of Municipal Services and authorization of for the Mayor and City Manager to execute the document. Agenda Request City Manager Barlow made a staff presentation. City Manager Barlow answered questions and addressed concerns presented by Councilman Ignasiak, Councilwoman Bennington, Councilman Emter and Councilman Kennedy. Due to there being no further Council or public comments, Mayor Thomas entertained a motion. Councilman Gene Emter moved to approve the Interlocal Agreement with Volusia County for Provision of Municipal Services and authorization for the Mayor and City Manager to execute the document, second by Councilman Michael Ignasiak. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Gigi Bennington, Councilman Justin Kennedy, Mayor Michael Thomas g. Authorization for the City Manager to execute the insurance binder for Health/Dental/Life and LTD for the Fiscal Year 2012-2013 in the amount of $1, 803, 101 . Agenda Request Manager Barlow made a staff presentation. City Manager Barlow answered questions presented by Councilman Emter. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilman Michael Ignasiak moved to approve authorization for the City Manager to execute the insurance binder for Health/Dental/Life and LTD for the Fiscal Year 2012-2013 in the amount of $1,803,101, second by Councilman Gene Emter. 12 Council Regular Meeting September 10, 2012 The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Gigi Bennington, Councilman Justin Kennedy, Mayor Michael Thomas h. Ratification of the Edgewater Professional Firefighters International Association of Firefighters (IAFF) Local 4575 Collective Bargaining Agreement for Fiscal Year 2012-2013 .Agenda Request City Manager Barlow made a staff presentation. City Manager Barlow answered questions presented by Councilman Ignasiak. Due to there being no further Council or public comments, Mayor Thomas entertained a motion. Councilwoman Gigi Bennington moved to approve the ratification of the Edgewater Professional Firefighters International Association of Fire Fighters (IAFF) Local 4575 Collective Bargaining Agreement for Fiscal Year 2012-2013, second by Councilman Michael Ignasiak. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Gigi Bennington, Councilman Justin Kennedy, Mayor Michael Thomas i . Approval of the Mediation Settlement Agreement with Miracle Walker. Agenda Request City Attorney Wolfe made a staff presentation and presented the background information. He was looking for a motion to approve or not approve the settlement. City Attorney Wolfe answered questions and addressed concerns presented by the Mayor and Council . It was decided to ask the citizens what they would want the Council to do with regard to settling or fighting. The following citizens spoke in favor of fighting: 13 Council Regular Meeting September 10, 2012 Dave Kneiszler, 2319 Unity Tree Drive Dominic Capria, 606 Topside Circle NoraJane Gillespie, 2263 E. Candlewood Lane, New Smyrna Beach Councilman Justin Kennedy moved to approve not approving the settlement and proceeding to the next step, second by Councilwoman Gigi Bennington. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Gigi Bennington, Councilman Justin Kennedy, Mayor Michael Thomas 11. OFFICER REPORTS a. City Clerk City Clerk Wenzel reminded Council of the VLOC Dinner on September 27th and asked Council to let her know by tomorrow if they would be attending. She also reminded them on October 8th was the Chamber of Commerce open house. She asked them to let her know prior to the October 1st deadline if they would be attending. She then reminded them on Saturday, September 22nd they would be having the open house for the Fire Station. b. City Attorney City Attorney Wolfe had nothing at this time. c. City Manager City Manager Barlow needed direction on the Chamber of Commerce funding. He wanted to agenda this for the September 24th meeting with Samantha from the Chamber doing a presentation. Councilman Kennedy wanted answers before that night. City Manager Barlow then reported on the Aqua Park utility bill situation. He recommended if they consider making any financial contribution to this organization that they do it as a policy out of the General Fund by providing a donation and reminded Council of the other non-profit organizations within the community that may come looking for assistance also. City Manager Barlow, Finance Director McKinney, Environmental Services Director Dewees and Ely Gansert of Aqua Park answered questions and addressed concerns presented by the Mayor and Council . 14 Council Regular Meeting September 10, 2012 Councilwoman Gigi Bennington moved to approve not making a donation at this point, second by Councilman Michael Ignasiak. The MOTION CARRIED 4-1-0. Yes Mayor Michael Thomas, Councilwoman Gigi Bennington, Councilman Michael Ignasiak, Councilman Gene Emter No Councilman Justin Kennedy Abstain None City Clerk Wenzel commented on policy for donations . Councilwoman Bennington suggested City Clerk Wenzel bring back information at the next meeting of some of the cities that have criteria. City Manager Barlow expressed concern with communicating that to all of the organizations they don' t know about. Councilman Ignasiak commented on the City having a history of donating to various organizations in good economic times . City Manager Barlow commented on communication with the homeowners association and being given direction to put a workshop together for September 19th at 6: 30 p.m. If it was the consensus of Council he would get the invitations in the mail this week. City Manager Barlow then informed Council that Christmas Eve was on a Monday this year. He spoke of Council offering an additional employee appreciation day whereas the City would be closed on December 24th and the employees that were required to work would be credited an extra floating day so there woud be no financial impact to the City. It was the consensus of Council to grant December 24th as an employee appreciation day. There was further discussion regarding the homeowners association workshop. City Manager Barlow informed Council on October 12th at 8 : 30 a.m. the late George R. Kennedy would be recognized and added to the monument at the Florida Fallen Firefighters Memorial at the Florida State Fire College in Ocala. If anyone wanted to go, they were welcome to ride with him. City Manager Barlow then commented on pension comparisons with regard to where the City ranks compared to other pension plans throughout the State. City Manager Barlow then commented on receiving interest from local business to conduct business at Menard for ecotourism, kayaks and possibly stand up paddleboards . He could have Janet Shira put together a draft RFP process and agreement to bring back to Council if they were interested in doing this during certain seasons . It was the consensus of Council for City Manager Barlow to start working on this . 15 Council Regular Meeting September 10, 2012 City Manager Barlow presented an update and showed photos of the 30th Street sidewalk. He then answered questions presented by Councilman Kennedy. There was then a discussion regarding the retention pond put in at the corner of Park Avenue and Riverside Drive. 12. CITIZEN COMMENTS The following citizen spoke: David Butler, 2932 Travelers Palm Drive, questioned the $40, 000 increase for additional Code Enforcement personnel . He questioned how many Code Enforcement people they had now and if they had somebody lined up for the position which City Manager Barlow answered for him. 13. ADJOURN There being no further business to discuss, Mayor Thomas adjourned the meeting at 8 : 50 p.m. Minutes submitted by: Lisa Bloomer, CMC Attest: APPROVED: City of Edgewater, Florida )0 v � Bgliie Wenzel, City Clerk Michael L. Thomas, Mayor 4.14. 'r 16 Council Regular Meeting September 10, 2012