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01-07-2013 - Regular e CITY COUNCIL OF EDGEWATER REGULAR MEETING JANUARY 7, 2013 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 Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Michael Ignasiak Councilman Gene Emter City Manager Tracey Barlow City Attorney Aaron Wolfe City Clerk Bonnie Wenzel 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. The Surfcoast Chapter of the Planning and Zoning Association to present the Outstanding Innovation and Design Award for the Restoration Sustainable Community Development Helen Lavalley, Vice President of the Surfcoast Chapter of the Planning & Zoning Association, listed the events they had last year and some upcoming events in 2013. She also commented on their mission and presented Mayor Thomas, Development Services Director Darren Lear and Jurgen Duncan of Canin & Associates with the 2012 Outstanding Innovation and Design Award for the Restoration Sustainable Community Development. Each of them then said a few words . b. Presentation of Awards for the 2012 Christmas Parade Mayor Thomas presented awards for the 2012 Christmas Parade to Sacred Heart Catholic School, Indian River Elementary, New Smyrna Beach High 1 Council Regular Meeting January 7, 2013 School Band, Volusia Society for Aid to Animals/Animal Shelter, Advanced Air & Heat, Girl Scout Troop 995, and Cub Scout Pack 425. 4. CITIZEN COMMENTS There were no Citizen Comments at this time. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA There were no Changes/Modifications to the agenda at this time. 6. CITY COUNCIL REPORTS Councilman Ignasiak reported on the YMCA Board meeting and their Christmas celebration he attended. Councilman Emter commented on the Christmas parade. He then informed Council the Executive Search process for the TPO was still ongoing and that they would be having a meeting next week. He then commented on the CAP dinner. He then questioned the nomination process for the VCOG Outstanding Service Award. Mayor Thomas elaborated after having nominated three or four individuals last year. There was a brief discussion regarding City Manager Barlow having won second place one year. Councilwoman Power commented on participating in the Christmas parade. She also reported she had a Scholarship Committee meeting tomorrow night. Councilwoman Bennington also commented on the Christmas parade. She spoke of the CAP dinner put on by the Citizens Assisting Police organization. 7. CONSENT AGENDA There were no items on the Consent Agenda at this time. 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 2nd Reading - Ordinance No. 2012-0-12 : An Ordinance amending Chapter 12 (Offenses & Miscellaneous Provisions) , Article I (In General) of the Code of Ordinances, by adding Section 12-5 (Smoking Devices/Paraphernalia Prohibited) and Section 12-6 (Synthetic Alternative Drugs Prohibited) Agenda Request 2 Council Regular Meeting January 7, 2013 City Attorney Wolfe read Ordinance 2012-0-12 into the record. City Manager Barlow made a staff presentation. Mayor Thomas opened the public hearing. City Manager Barlow answered questions presented by Councilman Emter with regard to the fines associated with this . Councilman Emter felt the fine was thin for the offense and suggested the amount be increased. Councilman Ignasiak commented on the business license that is obtained and failure to conform or repeat offenses could result in revocation or rejection of a license renewal . City Manager Barlow informed him they only had jurisdiction to suspend the certificate of use which is required to operate a business in the City and not the business tax receipt. The following citizen spoke: Agnes Witter, 223 Flagler Avenue, commented on the fines applying to businesses that sell the paraphernalia and asked what the ramifications were for a user of the paraphernalia. City Manager Barlow explained this law technically also prohibits the existence or possession of. Councilwoman Bennington pointed out that the purpose of this was to make it harder for people to buy the stuff they need in Edgewater. If they can't buy it they will go someplace else. Ms . Witter pointed out they needed the whole State behind them. Mayor Thomas informed her he thought most of the 16 cities in Volusia County were following suit and doing this . The County is doing this and they have petitioned the State Legislature to do this . City Manager Barlow further answered questions presented by Councilman Emter. Due to there being no further Council or public comments, Mayor Thomas entertained a motion. Councilman Michael Ignasiak moved to approve Ordinance No. 2012-0-12, second by Councilwoman Gigi Bennington. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Christine Power, Councilwoman Gigi Bennington, Mayor Michael Thomas b. Resolution No. 2012-R-28 : A Resolution modifying the Schedule of Fines, Fees, Costs and /or Penalties 3 Council Regular Meeting January 7, 2013 Agenda Request -- City Attorney Wolfe read Resolution 2012-R-28 into the record. City Manager Barlow made a staff presentation by addressing Councilman Emter' s suggestion to increase the fine for Chapters 12-5 and 12-6 to a Class III instead of a Class II . Councilman Emter moved that this be amended to make that fine a Level III . City Manager Barlow asked to go through the rest of the proposed changes and asked that whoever makes the motion to take that into consideration. He further identified some of the proposed changes with regard to garage sales, background checks for solicitor permits, reimbursement for additional postage for international mailing of utility bills, and consolidation of the stormwater/driveway permit fees. Due to there being no Council or public comments, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilman Gene Emter moved to approve the Resolution modifying the schedule of fees, fines, costs or penalties along with the amendments that had already been made, both the ones that Tracey suggested and the one that he suggested, second by Councilman Michael Ignasiak. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Christine Power, Councilwoman Gigi Bennington, Mayor Michael Thomas c. Resolution No. 2012-R-29: A Resolution authorizing staff to request a reduction of the Annual Wastewater Regulatory and Surveillance Fee from the Florida Department of Environmental Protection Agenda Request . City Attorney Wolfe read Resolution 2012-R-29 into the record. City Manager Barlow made a staff presentation. Mayor Thomas opened the public hearing. Due to there being no Council or public comment, Mayor Thomas entertained a motion. 4 Council Regular Meeting January 7, 2013 Councilwoman Gigi Bennington moved to approve Resolution No. 2012-R- 29, second by Councilwoman Christine Power. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Christine Power, Councilwoman Gigi Bennington, Mayor Michael Thomas d. Resolution No. 2012-R-30 : A Resolution encouraging the 2013 State Legislature enact legislation/pass a law that bans texting while driving/operating any motor vehicle. Encouraging the Department of Motor Vehicles (DMV) to provide education on the dangers of electronic distracted driving to all violators of the law Agenda Request City Attorney Wolfe read Resolution 2012-R-30 into the record. City Manager Barlow made a staff presentation. Mayor Thomas opened the public hearing and identified he was all for it. Councilwoman Power stated the Florida State Legislature was looking at a law to ban texting for people eighteen and under. Councilman Ignasiak felt this was long overdue. 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-30, second by Councilman Gene Emter. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Christine Power, Councilwoman Gigi Bennington, Mayor Michael Thomas e. Resolution No. 2013-R-01 : A Resolution implementing the Non-Residential Rent Assistance Program for eligible new or expanding existing businesses Agenda Request 5 Council Regular Meeting January 7, 2013 City Attorney Wolfe read Resolution 2013-R-01 into the record. City Manager Barlow made a staff presentation. Mayor Thomas opened the public hearing. City Manager Barlow answered questions presented by Councilman Ignasiak. Councilman Emter referred to Page 6, paragraph 5 and wanted to see a period after the word discretion. Councilwoman Bennington wanted the language to be "The City "shall retain" instead of "The City retains" . Councilman Emter asked about the funds for this project being tentatively allocated for Team Volusia. He asked if it would be appropriate to resolve that issue which would have the impact of funding on this issue. City Manager Barlow didn't know that that could be resolved tonight. Councilwoman Bennington questioned having to approve the funds tonight and going back later and do the funding for it. City Manager Barlow identified he wanted to make sure that they didn't walk away tonight adopting a program where they start courting some of these businesses to complete an application and go through the process of having their application reviewed and then come to find out they have no funds . Councilwoman Bennington asked about the businesses that don't qualify seeing this as being prejudice. City Manager Barlow referred to Page 3 & 4 and City Attorney Wolfe identified he didn't feel it was prejudicial and that it was content neutral. Councilwoman Bennington didn't believe the government should be subsidizing businesses. She didn' t think using taxpayers' money to subsidize a business to come into our City was the way government should be. Councilman Ignasiak was willing to explore or look into something like this to see the possibilities . He agreed with Councilwoman Bennington but commented on why he felt these were exceptional times . He would rather put the money in this direction than Team Volusia. Councilwoman Bennington identified she would too. There was a brief discussion regarding losing Coronado Paint due to relocating to Alabama. City Manager Barlow spoke of it not being uncommon for communities to do incentive programs, which he felt was an investment in the future. Councilwoman Bennington expressed further concern with subsidizing rent for a small business which she felt wouldn't make an economic impact on the City. Councilman Ignasiak commented on having to submit a business plan which has to be approved and part of the plan is 6 Council Regular Meeting January 7, 2013 capitalization. Councilwoman Bennington disclosed she could not vote for this . Mayor Thomas felt they needed to try and be competitive. Councilwoman Bennington expressed further concern with burdening the taxpayers with a subsidy. Councilwoman Power wanted to see a limit on it. City Manager Barlow suggested they put a limit of no more than two businesses this year. Councilwoman Bennington felt if it wasn' t working they just wouldn't budget it. Mayor Thomas asked for public comment. The following citizens spoke: Agnes Witter, 223 Flagler Avenue, supported Councilwoman Bennington on this . She felt they should look into other things that the City can do to support them without doing welfare to a business . She further commented on the reason Coronado Paint left. Dave Kneiszler, 2319 Unity Tree Drive, felt a lot of times if you are dealing with money situations that a personal relationship was more important than anything. Mayor Thomas closed the public hearing and entertained a motion. Councilman Michael Ignasiak moved to approve Resolution No. 2013-R-01 with the additional stipulation that it would be limited to no more than two businesses this first coming year and that the funds be allocated from the Team Volusia account to cover the cost, second by Councilwoman Christine Power. The MOTION CARRIED 3-2-0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Christine Power No Councilwoman Gigi Bennington, Mayor Michael Thomas Abstain None 9. BOARD APPOINTMENTS There were no Board Appointments at this time. 10. OTHER BUSINESS a. Election of Vice-Mayor (Continued from December 3, 2012 meeting) Councilwoman Bennington felt it should be left up to the Mayor to decide like they had done in previous years . 7 Council Regular Meeting January 7, 2013 Councilwoman Christine Power moved to approve the appointment of Councilman Ignasiak as Vice-Mayor, second by Councilman Gene Emter. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Christine Power, Councilwoman Gigi Bennington, Mayor Michael Thomas b. John S . Massey, Massey Enterprises, applicant for the Villas at Massey Ranch requesting a two (2) year Development Order extension Agenda Request City Manager Barlow made a staff presentation. Mayor Thomas asked for Council comments . City Manager Barlow answered questions presented by Councilman Ignasiak. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilwoman Gigi Bennington moved to approve the extension for two years to 2015, second by Councilman Gene Emter. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Christine Power, Councilwoman Gigi Bennington, Mayor Michael Thomas c. Request for approval of the Interlocal Agreement between the City of Oak Hill and the City of Edgewater for Stormwater Inspection Services Agenda Request :: City Manager Barlow made a staff presentation. Due to there being no Council or public comment, Mayor Thomas entertained a motion. 8 Council Regular Meeting January 7, 2013 Councilwoman Gigi Bennington moved to approve the Interlocal Agreement between the City of Oak Hill and the City of Edgewater for Stormwater Inspection Services, second by Councilwoman Christine Power. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Christine Power, Councilwoman Gigi Bennington, Mayor Michael Thomas d. Requesting authorization for the Mayor to execute the Consent Order with the Florida Department of Environmental Protection and approval of any required budget amendment Agenda Request City Manager Barlow made a staff presentation. He then turned the presentation over to Brad Blais, Quentin Hampton Associates, who elaborated more on the situation by describing the different things they could do. He and City Manager Barlow then answered questions presented by Councilman Ignasiak, Mayor Thomas, Councilwoman Bennington, and Councilwoman Power. Mayor Thomas identified other proactive ways to approach this . He spoke of being upset with discharging into the Indian River Lagoon. He also commented on there being various cities that are discharging into the Halifax River. Mayor Thomas asked for public comments . The following citizen spoke: Agnes Witter, 223 Flagler Avenue, asked if the Consent Order was about one or two things and if there was anything the residents could do within their homes to reduce the copper, which Mr. Blais and City Manager Barlow elaborated on. Dave Butler, 2932 Travelers Palm Drive, asked about the discharge going into the river, if increasing the watering hours would help with the discharge and if they had the capacity to store it, which City Manager Barlow and Mr. Blais elaborated on. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilwoman Gigi Bennington moved to approve the Consent Order with the Florida Department of Environmental Protection and approval of any required budget amendment, second by Councilwoman Christine Power. 9 Council Regular Meeting January 7, 2013 The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Christine Power, Councilwoman Gigi Bennington, Mayor Michael Thomas e. Requesting authorization for the City Manager to enter into a Lease Agreement with Branch Banking and Trust Company not to exceed $160, 583, authorization for the City Manager to execute related documents and authorization for associated budget amendment for 2013 vehicles Agenda Request City Manager Barlow made a staff presentation. Mayor Thomas asked for Council comments . City Manager Barlow answered questions presented by Councilman Ignasiak, Councilwoman Power, and Councilman Emter. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilman Gene Emter moved to approve authorization for the City Manager to enter into a Lease Agreement with Branch Banking and Trust Company not to exceed $160,583, authorization for the City Manager to execute related documents and authorization for associated budget amendment for 2013 vehicles, second by Councilman Michael Ignasiak. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Christine Power, Councilwoman Gigi Bennington, Mayor Michael Thomas f. Requesting approval to piggyback the School District of Palm Beach County contract with Royal Concrete Concepts, LLC to purchase a Concrete Modular System consisting of a Restroom/Concession Building to be placed at Hawks Park for the sum of $104, 658 and authorize the City Manager to execute the contract ®►M Agenda Request ' City Manager Barlow made a staff presentation. 10 Council Regular Meeting January 7, 2013 City Manager Barlow and Leisure Services Director Jack Corder answered questions presented by Mayor Thomas, Councilman Ignasiak and Councilwoman Power. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilman Michael Ignasiak moved to approve the piggybacking the School District of Palm Beach County contract with Royal Concrete Concepts, LLC to purchase a Concrete Modular System consisting of a Restroom/Concession Building to be placed at Hawks Park for the sum of $104, 658 and authorize the City Manager to execute the contract, second by Councilwoman Christine Power. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Christine Power, Councilwoman Gigi Bennington, Mayor Michael Thomas g. Approval of Mediation Settlement Agreement with Cynthia Stevens mk Agenda Request Councilwoman Gigi Bennington moved to approve the Mediation Settlement Agreement, second by Councilman Michael Ignasiak. The MOTION APPROVED 5 - 0. Yes Mayor Michael Thomas, Councilwoman Christine Power, Councilwoman Gigi Bennington, Councilman Michael Ignasiak, Councilman Gene Emter City Attorney Wolfe made a staff presentation and answered questions presented by Mayor Thomas . Due to there being no further Council comment, Mayor Thomas entertained a motion. 11. OFFICER REPORTS Mayor Thomas introduced Mr. Overman, who would be overseeing the Police Department until the investigation was over. a. City Clerk 11 Council Regular Meeting January 7, 2013 City Clerk Wenzel informed Council the School Scholarship Committee would be having their 2nd Annual Christmas Ball on February 9th at the YMCA. They would be having a meeting tomorrow to finalize the details . City Clerk Wenzel informed Council in their mail this evening she provided them with the invitation to the Volusia League of Cities on January 24th in New Smyrna Beach. She asked them to let her know by Monday if they would be attending. b. City Attorney City Attorney Wolfe had nothing at this time. c. City Manager City Manager Barlow briefly commented on a sample resolution that was included in Council ' s packet with regard to the tragedy in Newtown, Connecticut on December 14th and gun violence . Councilwoman Power provided information and he put it in the City' s format for Council ' s consideration if they wanted it put on the next agenda. Councilwoman Power further described what the resolution was for with regard to mental illness issues . City Manager Barlow agreed to place it on the next agenda. City Manager Barlow then identified they also had the evaluations for the City Clerk and City Manager and asked that they be returned to the Personnel Director by January 24th and they would be placed on the agenda for the February 4th meeting. Councilwoman Bennington identified she had a lot of things piled up for this month and wouldn't be able to have it done by January 24th. She wanted to extend it to the 20th of February. City Manager Barlow advised if they didn't make the February 4th meeting that the next agenda cutoff would be February 21st and would be placed on the March meeting. Councilman Ignasiak did not have a problem with extending the deadline. Councilman Emter wanted to get it done as expeditiously as possible due to its importance. Councilwoman Power didn't think she would have as much input if she did it sooner rather than in a month. City Manager Barlow suggested a drop dead date and by chance they have them done prior to January 24th he would put them on the February 12 Council Regular Meeting January 7, 2013 agenda. The drop dead date was February 21st and the goal date was January 24th. City Manager Barlow commented on a packet he provided to Council with regard to the 2012 Project Goals, which also included some possible considerations for the 2013 goals . He also provided them with a draft version of the 2013 CEDS plan that the Economic Development Board would be talking about on Wednesday as well as the transportation goals they adopted with Resolution 2011-R-02 . He then identified a couple different ways they could handle updating their project goals going into the next couple of years . City Manager Barlow further answered questions presented by Councilman Ignasiak and Mayor Thomas . It was the consensus of Council to hold a workshop on February 4th at 11 : 30 a.m. with lunch to be provided. City Manager Barlow reminded Council of the Special meeting on Tuesday, January 15th at 1: 00 p.m. with the General Employees Pension and Police Pension Boards . City Manager Barlow then commented on the VCARD development workshop this Saturday and they had to RSVP by January 9th. It was from 9 a.m. to 12 : 00 p.m. in Daytona Beach. 12. CITIZEN COMMENTS There were no Citizen Comments at this time. 13. ADJOURNMENT There being no further business to discuss, Mayor Thomas adjourned the meeting at 7 : 40 p.m. Minutes submitted by: Lisa Bloomer, CMC Attest: APPROVED: City of E•sewa er, F orida I i ft am t t3Y..)1A4 om► Bonnie Wenzel, City Clerk Mi hael Thomas, Mayor 13 Council Regular Meeting January 7, 2013