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09-24-2012 - Regular CITY COUNCIL OF EDGEWATER REGULAR MEETING SEPTEMBER 24, 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 Councilman Gene Emter Councilman Michael Ignasiak Councilwoman Gigi Bennington Councilman Justin Kennedy Mayor Michael Thomas City Manager Tracey Barlow City Clerk Bonnie Wenzel City Attorney Aaron Wolfe Absent None 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. Chamber of Commerce Presentation Samantha Bishop, Chamber of Commerce, made a presentation to address Councilman Kennedy' s concerns with regard to the funding given by the City to the Chamber. Councilman Kennedy presented comments regarding his intent. He then expressed concern with out of the 1, 100 plus businesses in Edgewater only 104 were members of the Chamber. Councilman Emter commented on the Chamber doing things that the City doesn' t think are valuable and vice versa and offered to speak with Ms . Bishop later about three or four things he felt might be mutually beneficial . He felt the Council should look at the relationship and identify what they could do better that would be mutually beneficial . 1 Council Regular Meeting September 24, 2012 Councilman Ignasiak commented on how big the umbrella of the Chamber was by identifying them as being an integrating device. He felt the Chamber should advertise more on what their successes are and what they are doing for the community, which he felt would draw in more businesses . Ms . Bishop identified that was something they were working on as they put together next year' s budget to include an advertising budget. She further commented on the restructuring of the Chamber. Councilwoman Bennington suggested the Chamber concentrate on the home businesses as well. She felt maybe the City should go back to having organizations seeking funding of more than $1, 000 make a presentation before the Council at a workshop. City Manager Barlow commented on this being done during the budget process . b. World Wide Day of Play Proclamation Mayor Thomas read a proclamation declaring October 6, 2012 as World Wide Day of Play. 4. CITIZEN COMMENTS The following citizens spoke: Dennis Passmore, 2627 Sabal Palm Drive, complained about the sidewalk on 27th Street between Royal Palm Drive and Sabal Palm Drive and not having enough fill for the sidewalk so they dredged out the pond and this now being a retention pond that never drains . He spoke of the City not mowing between Royal and Sabal and this matter needing to be fixed. City Manager Barlow agreed to look into this . NoraJane Gillespie, 2263 Candlewood Lane, New Smyrna Beach, encouraged the Council to go the Volusia League of Women Voters website and encouraged everyone to vote early. She further spoke of being the secretary of the Chamber of Commerce when it was formed and commented on the High 5 Program. There was discussion about the organizations Ms . Gillespie has been involved with over the years and about the Gifts of Love taking monetary donations as well as food donations . Councilman Emter congratulated Ms . Gillespie for her participation and assistance in all of the organizations that have benefitted from her being there. Mike Visconti, 316 Pine Breeze Drive, commented on the sign ordinance with regard to sign spinners and the benches being used for advertising. He wanted to see the City ban all bench signs . He also 2 Council Regular Meeting September 24, 2012 commented on the need to beautify and landscape U.S. #1 and S .R. 442 . City Manager Barlow and Councilman Kennedy addressed Mr. Visconti' s concerns by identifying it was in the works but just couldn' t happen fast enough. Henry Frederick, NSB News LLC, New Smyrna Beach, applauded and thanked Councilman Kennedy for inviting the Chamber back to make a presentation. Butch McCracken, part founder of Edgewater Expo, reminded Council of the support that had been provided by the Chamber when they were small and starting. He felt they should start thinking about doing the same. He felt it would be nice to have someone from Edgewater on the Executive Board. Vincent Drew, 1856 Banyan Tree Drive, identified if the City was looking for an increase, they already had an increase on the property they were going to tax meaning they may or may not need a further increase in the millage rate. Mr. Drew commented on the beautification of AlA and S .R. 442 . He further commented on the benches being an eyesore. City Manager Barlow addressed Mr. Drew' s concerns with regard to the sidewalk on U. S. #1 being in the planning phase. Bill Glaser, 1703 Needle Palm Drive, commented on S.R. 442 being dangerous to cross . 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA There were no changes/modifications to the agenda. 6. CITY COUNCIL REPORTS Councilman Emter congratulated Donna Looney and Julie Christine with regard to the Benefits Fair. He then expressed his appreciation to City Manager Barlow for presenting an overview of the City and its future growth to representatives from various homeowners associations in the City. He then commented on the Fire Station Open House. He further commented on the City Manager and City Clerk evaluation process and asked to be filled in on the process . He suggested a committee be established to take a look at this and involve the City Manager, City Clerk and someone from Personnel to offer recommendations to the Council . He felt this was an important element that was worthy of some review. There was a brief discussion regarding Councilmembers being able to serve on the committee as long as the meeting was posted and made 3 Council Regular Meeting September 24, 2012 available to the public. Councilman Emter and Councilwoman Bennington would also serve on the Committee. Councilman Ignasiak explained why he didn' t want to serve on the Committee. Mayor Thomas didn' t have a problem with it being researched and looked at. Councilman Emter commented on his reason for bringing this up. Councilwoman Bennington elaborated on Councilman Ignasiak' s comments . Councilman Kennedy felt by having a direction process it provided the City Manager and City Clerk with a solidification of how the Council feels about the job they are doing and what they expect as a whole. There was a brief discussion regarding how long the process would take. Councilman Kennedy had nothing at this time. Councilwoman Bennington commented on the Fire Station Open House and the Benefits Fair. She also mentioned needing volunteers for the Fall Festival on October 27th. Councilman Ignasiak also commented on the Benefits Fair and the Fire Station Open House. He then provided an update of the RCC Management meeting he attended. He then brought to Council ' s attention a series of articles in the newspapers regarding the CRAB, which he felt they needed to keep an eye on. 7. CONSENT AGENDA a. Approval of the Victim of Crime Act (VOCA) Agreement for the position of Victim Advocate and authorization for the Mayor or City Manager to execute the Grant Agreement. Agenda Request b. Approval of the Agreement (Schedule A) with SunGuard H.T.E. and authorization for the City Manager to execute the document for the base price of $6, 564 . 00 per month. Agenda Request `'' c. Approval to piggyback the City of Lake Wales bid for Sodium Hypochlorite with Odyssey Manufacturing Company. Agenda Request '= d. Approval to piggyback the City of Cocoa' s bid for the 4 Council Regular Meeting September 24, 2012 purchase of Carbon Dioxide from Airgas Carbonic. mit Agenda Request u e. Approval of Addendum No. 1 to the agreement with Dedicated Transport Service of Lakeland, Inc and authorization for the City Manager to execute the document. Agenda Request f. Approval and authorization for the City Manager to execute the Volusia TPO Membership Assessment and Funding Agreement. Agenda Request Councilwoman Gigi Bennington moved to approve the Consent Agenda, 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 Mayor Thomas called a ten-minute recess at this time. The meeting recessed at 7 : 00 p.m. and reconvened at 7 : 10 p.m. 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 2nd Reading - Ordinance No. 2012-0-08 : An amendment to Article III (Permitted, Conditional, Accessory and Prohibited Uses) of the Land Development Code. Agenda Request --Ty, City Attorney Wolfe read Ordinance 2012-0-08 into the record. City Manager Barlow made a staff presentation. Due to there being no Council or public comments, Mayor Thomas opened and 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. 5 Council Regular Meeting September 24, 2012 Yes Mayor Michael Thomas, Councilman Justin Kennedy, Councilwoman Gigi Bennington, Councilman Michael Ignasiak, Councilman Gene Em ter b. 2nd Reading - Ordinance No. 2012-0-09: Amending and restating Article V (Site Design Criteria) of the Land Development Code. Agenda Request City Attorney Wolfe read Ordinance 2012-0-09 into the record. City Manager Barlow made a staff presentation. Due to there being no Council or public comment, Mayor Thomas opened and 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 Mayor Michael Thomas, Councilman Justin Kennedy, Councilwoman Gigi Bennington, Councilman Michael Ignasiak, Councilman Gene Em ter c. 2nd 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) . Agenda Request City Attorney Wolfe read Ordinance 2012-0-10 into the record. City Manager Barlow made a staff presentation. Mayor Thomas spoke of this being a six-year ongoing process that he was very proud of. It is the poster child for the State of Florida that would do nothing but benefit the City. Councilman Emter agreed. Vincent Drew, 1856 Banyan Tree Drive, asked if that expanded on the amount of residents . City Manager Barlow informed him it had not. Mayor Thomas informed him it was going to be done in phases and had to provide a certain amount of jobs for Edgewater residents . 6 Council Regular Meeting September 24, 2012 Mr. Drew asked if anything was happening south of S .R. 442 . City Manager Barlow provided him an update on Reflections . Mike Visconti, 316 Pine Breeze Drive, asked about S .R. 442 being extended to S .R. 415 when this project goes into effect. Mayor Thomas stated there were no plans as of yet. Due to there being no further Council or public comments, Mayor Thomas closed the public hearing and entertained a motion. Councilwoman Gigi Bennington moved to approve Ordinance No. 2012-0-10, second by Councilman Justin Kennedy. The MOTION APPROVED 5 - 0. Yes Mayor Michael Thomas, Councilman Justin Kennedy, Councilwoman Gigi Bennington, Councilman Michael Ignasiak, Councilman Gene Em ter d. Resolution No. 2012-R-10 : Modifying the Purchasing Policy, which complies with Florida Statutes . Agenda Request City Attorney Wolfe read Resolution 2012-R-10 . City Manager Barlow made a staff presentation. Mayor Thomas opened the public hearing. City Manager Barlow answered questions and addressed concerns identified by Mayor Thomas and all of the Councilmembers . Due to there being no further Council or public comments, Mayor Thomas entertained a motion. Councilman Justin Kennedy moved to approve Resolution No. 2012-R-10 with the changes presented this evening, 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 e. Resolution No. 2012-R-18 : Modifying the administrative fees to the schedule of costs/fees relating to the City of Edgewater Code of Ordinances . 7 Council Regular Meeting September 24, 2012 Agenda Request - "= City Attorney Wolfe read Resolution 2012-R-18 into the record. City Manager Barlow made a staff presentation. Mayor Thomas opened the public hearing. City Manager Barlow and Finance Director John McKinney answered questions and addressed concerns presented by Councilman Kennedy. Due to there being no further Council or public comments, Mayor Thomas entertained a motion. Councilman Michael Ignasiak moved to approve Resolution No. 2012-R-18 with the modifications as have been noted, 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 f. Resolution No. 2012-R-20: Approval of the Final Millage Rates for Fiscal Year 2012/2013 . Agenda Request City Attorney Wolfe read Resolution 2012-R-20 into the record. Finance Director McKinney made a staff presentation and covered a few highlights as required by law with regard to a tax increase. Mayor Thomas opened the public hearing. Councilman Emter congratulated Finance Director McKinney on putting together a difficult but effective budget. Councilman Kennedy presented comments with regard to the proposed tax increase which included streets that need to be repaved. Finance Director McKinney then commented on the millage rate with regard to the Voted Debt Service. Mayor Thomas asked for public comments . The following citizen spoke: 8 Council Regular Meeting September 24, 2012 Bill Glaser, 1703 Needle Palm Drive, congratulated the Property Appraiser for lowering the value on their property again which allowed the City to reduce his taxes . If he keeps doing this, it won't be long before his house will be worth nothing but he was sure he would still be paying taxes . Due to there being no further Council or public comments, Mayor Thomas entertained a motion. Councilman Gene Emter moved to approve Resolution No. 2012-R-20, 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 g. Resolution No. 2012-R-21 : Approval of the Final Budget, providing for appropriations for Fiscal Year 2012/2013.Agenda Request City Attorney Wolfe read Resolution 2012-R-21 into the record. Finance Director McKinney made a staff presentation. Due to there being no Council or public comments, Mayor Thomas entertained a motion. City Manager Barlow commented on the 2% included in the General Fund budget for the two Charter officers . Councilwoman Bennington and Councilman Ignasiak presented comments . Due to there being no further Council or public comments, Mayor Thomas entertained a motion. Councilwoman Gigi Bennington moved to approve Resolution No. 2012-R- 21, second by Councilman Justin Kennedy. The MOTION APPROVED 5 - 0. Yes Mayor Michael Thomas, Councilman Justin Kennedy, Councilwoman Gigi Bennington, Councilman Michael Ignasiak, Councilman Gene Em ter 9. BOARD APPOINTMENTS 9 Council Regular Meeting September 24, 2012 There were no Board Appointments at this time. 10. OTHER BUSINESS a. Extension of Ordinance No. 2010-0-16, an Ordinance to temporarily reduce impact fees for non-residential properties for an additional one (1) year. Agenda Request City Manager Barlow made a staff presentation for Items 10A, 10B and 10C. City Manager Barlow answered questions and addressed concerns presented by Councilwoman Bennington and Councilman Kennedy. Due to there being no further Council or public comments, Mayor Thomas entertained a motion. Councilwoman Gigi Bennington moved to approve the extension of Ordinance No. 2010-0-16 to temporarily reduce impact fees for non- residential properties, second by Councilman Justin Kennedy. The MOTION APPROVED 5 - 0. Yes Mayor Michael Thomas, Councilman Justin Kennedy, Councilwoman Gigi Bennington, Councilman Michael Ignasiak, Councilman Gene Em ter b. Extension of Ordinance No. 2010-0-17, an Ordinance to temporarily defer applicable Sidewalk, Fire/EMS, Police and Transportation/Road Impact Fees for an additional one (1) year. Agenda Request Due to there being no Council or public comments, Mayor Thomas entertained a motion. Councilman Michael Ignasiak moved to approve the extension of Ordinance No. 2010-0-17, second by Councilwoman Gigi Bennington. The MOTION APPROVED 5 - 0. Yes Mayor Michael Thomas, Councilman Justin Kennedy, Councilwoman Gigi Bennington, Councilman Michael Ignasiak, Councilman Gene Em ter 10 Council Regular Meeting September 24, 2012 c. Extension of Resolution No. 2010-R-12, a Resolution to temporarily reduce fees for one (1) year for annexation of non-residential property and other related fees . Agenda Request Due to there being no Council or public comments, Mayor Thomas entertained a motion. Councilman Gene Emter moved to approve the extension of Resolution No. 2010-R-12, a resolution to temporarily reduce fees for one (1) year for annexation of non-residential property and other related fees, 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 d. Authorization for the City Manager to negotiate the 2012/2013 Line of Coverage Insurance Premiums and to bind coverage. ink Agenda Request City Manager Barlow made a staff presentation. City Manager Barlow answered questions presented by Mayor Thomas . Due to there being no further Council or public comments, Mayor Thomas entertained a motion. Councilwoman Gigi Bennington moved to approve authorization for the City Manager to negotiate the 2012/2013 Line of Coverage Insurance Premiums and to bind coverage, 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. Approval of the Coastal Florida Public Employees Association Agreement for the fiscal year 2012/2013 . 11 Council Regular Meeting September 24, 2012 Elk Agenda Request City Manager Barlow made a staff presentation. City Manager Barlow answered questions presented by Mayor Thomas and Councilman Ignasiak. There was a brief discussion regarding the employees receiving raises last year and a stipend the year before but that they had gone for a couple of years without a raise. There was further discussion regarding this being one of the easier years for negotiations . Councilwoman Gigi Bennington moved to approve the Coastal Florida Public Employees Association Agreement for the fiscal year 2012/2013, 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. Approval of the Fraternal Order of Police Agreement for the fiscal year 2012/2013. Agenda Request City Manager Barlow made a staff presentation. City Manager Barlow answered questions presented by Councilwoman Bennington. Mayor Thomas asked questions which were answered by Police Chief David Arcieri and City Manager Barlow. There was a brief discussion regarding CAPS needing a new vehicle . Due to there being no further Council or public comments, Mayor Thomas entertained a motion. Councilman Michael Ignasiak moved to approve the Fraternal Order of Police Agreement for the fiscal year 2012/2013, second by Councilwoman Gigi Bennington. The MOTION APPROVED 5 - 0. 12 Council Regular Meeting September 24, 2012 Yes Mayor Michael Thomas, Councilman Justin Kennedy, Councilwoman Gigi Bennington, Councilman Michael Ignasiak, Councilman Gene Em ter g. Approval of the Edgewater Professional Firefighters IAFF Lieutenant Agreement for the fiscal year 2012/2013 . Iks Agenda Request City Manager Barlow made a staff presentation. City Manager Barlow answered questions presented by Councilwoman Bennington. Mayor Thomas presented comments regarding witnessing the firefighters polishing the truck which he recognized them for instead of being inside watching television or playing cards . Councilwoman Bennington commented on the piece of the Twin Towers that is displayed at Fire Station 55. Due to there being no further Council or public comments, Mayor Thomas entertained a motion. Councilman Gene Emter moved to approve the Edgewater Professional Firefighters IAFF Lieutenant Agreement for the fiscal year 2012/2013, 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 11. OFFICER REPORTS a. City Clerk City Clerk Wenzel commented on the need to have a meeting on the first Monday in December following the election. She asked to move the December 17th meeting to December 3rd so they can follow the Charter. Councilwoman Bennington didn't think it was fair to swear in a new Councilmember and have them go right into an agenda. She felt they should have at least a week to read it. City Clerk Wenzel informed her they would have to have a Special Meeting on December 3rd. It was decided since the election would be held November 6th there would be enough time to provide them with the information. 13 Council Regular Meeting September 24, 2012 The October meeting would be held on the 15th and the November meeting would be held on the 12th. b. City Attorney City Attorney Wolfe presented an update on the Miracle Walker case. City Attorney Wolfe and City Manager Barlow answered questions and addressed concerns presented by Councilwoman Bennington and Councilman Kennedy. There was some discussion regarding settling the case versus fighting the case. Councilman Ignasiak expressed concern with using public funds that they don' t have. He asked the Council to reconsider fighting this and settling instead and to look at it from a business perspective. Councilman Emter suggested postponing or tabling the issue until the next meeting and ask City Attorney Wolfe what they might be looking at. There was a discussion regarding it being difficult to come up with a total cost if they were to fight it. Mayor Thomas felt they needed to vote on the matter because he wasn' t hearing a clear consensus . Councilwoman Gigi Bennington moved to approve telling City Attorney Wolfe to go ahead with the settlement of $15,000, second by Councilman Michael Ignasiak. The MOTION CARRIED 3-2-0. Yes Councilwoman Gigi Bennington, Councilman Michael Ignasiak, Councilman Gene Emter No Mayor Michael Thomas, Councilman Justin Kennedy Abstain None c. City Manager City Manager Barlow presented a story regarding the dedication of City employees with regard to a recertification course that was held in the Council Chambers and the savings because of this . He received a lot of thank yous and compliments from the students that participated. He read one from a Supervisor with the Florida Rural Water Association. 12. CITIZEN COMMENTS There were no Citizen Comments at this time. 14 Council Regular Meeting September 24, 2012 13. ADJOURNMENT There being no further business to discuss, Councilwoman Bennington moved to adjourn. The meeting adjourned at 8 : 08 p.m. Minutes submitted by: Lisa Bloomer, CMC Attest: APPROVED: City of Ed•ewater, F ,orida 111 1111W i Bonnie Wen4e1, City Clerk Michael L. Thomas, Mayor 15 Council Regular Meeting September 24, 2012