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02-04-2013 - Regular CITY COUNCIL OF EDGEWATER REGULAR MEETING February 4, 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 . There was a silent invocation and pledge of allegiance to the Flag. Present Mayor Michael Thomas Councilwoman Christine Power Councilman Michael Ignasiak Councilman Gene Emter City Manager Tracey Barlow City Clerk Bonnie Wenzel City Attorney Aaron Wolfe Excused Councilwoman Gigi Bennington 2. APPROVAL OF MINUTES a. Regular Meeting of November 12, 2012 Minutes Due to there being no comments, questions, deletions or additions, Mayor Thomas entertained a motion. Councilman Michael Ignasiak moved to approve the November 12, 2012 Regular Meeting minutes, second by Councilman Gene Emter. The MOTION CARRIED 4-0-0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Christine Power, Mayor Michael Thomas No None Abstain None b. Special Meeting of December 3, 2012 Minutes ` 1 Council Regular Meeting February 4, 2013 Due to there being no comments, questions, deletions or additions, Mayor Thomas entertained a motion. Councilman Gene Emter moved to approve the December 3, 2012 Special Meeting minutes, second by Councilman Michael Ignasiak. The MOTION CARRIED 4-0-0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Christine Power, Mayor Michael Thomas No None Abstain None c. Regular Meeting of December 3, 2012 ink Minutes Due to there being no comments, questions, deletions or additions, Mayor Thomas entertained a motion. Councilman Michael Ignasiak moved to approve the December 3, 2012 Regular Meeting minutes, second by Councilman Gene Emter. The MOTION CARRIED 4-0-0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Christine Power, Mayor Michael Thomas No None Abstain None d. Special Joint Meeting of January 7, 2013 Minutes Due to there being no comments, questions, deletions or additions, Mayor Thomas entertained a motion. Councilwoman Christine Power moved to approve the Special Joint Meeting minutes of January 7, 2013, second by Councilman Michael Ignasiak. The MOTION CARRIED 4-0-0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Christine Power, Mayor Michael Thomas No None Abstain None 2 Council Regular Meeting February 4, 2013 e. Regular Meeting of January 7, 2013 sok Minutes Due to there being no comments, questions, deletions or additions, Mayor Thomas entertained a motion. Councilman Gene Emter moved to approve the January 7, 2013 Regular Meeting minutes, second by Councilman Michael Ignasiak. The MOTION CARRIED 4-0-0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Christine Power, Mayor Michael Thomas No None Abstain None f. Special Joint Meeting of January 15, 2013 Minutes Councilwoman Christine Power made a motion to approve the January 15, 2013 Special Joint Meeting minutes, second by Councilman Michael Ignasiak. Councilman Emter spoke of accepting Principal ' s figures for the annuities and that the minutes did not identify the figures that applied to that acceptance. He requested those figures appear in the minutes . City Manager Barlow confirmed he was talking about the final settlement offer for both pension plans, the Police and the General. Councilman Emter informed him that was correct. Mayor Thomas requested roll call . City Clerk Wenzel asked to back up because she didn' t get who made the motion and the second. Councilwoman Power initiated the motion and Councilman Ignasiak seconded the motion. City Clerk Wenzel identified she made note to include that and apologized. The MOTION CARRIED 4-0. Note: A copy of the Final Settlement Offer has been attached to the original January 15, 2013 Special Joint Meeting minutes . 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS 3 Council Regular Meeting February 4, 2013 There were no Presentations at this time. 4. CITIZEN COMMENTS Mayor Thomas asked anyone who was going to speak regarding Item 8B to wait until that item to present their comments . 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA There were no Changes/Modifications to the agenda at this time. 6. CITY COUNCIL REPORTS Councilman Emter reported on attending the Economic Development Board meeting, the Mobility Plan meeting, the Chamber of Commerce Lunch and Learn program, the County Council meeting on January 31st and the TPO meeting. He also gave a report on the City functions and actions to the Edgewater Landing HOA. Councilwoman Power reported on attending the Scholarship meeting. She informed everyone the Princess Ball was being held Saturday, February 9th from 7 p.m. to 9 p.m. Councilman Ignasiak reported on attending the Volusia League of Cities dinner and the YMCA Board of Directors meeting. City Manager Barlow identified Leisure Services Director Jack Corder was doing some due diligence on cost as it related to expanding the current YMCA facility or adding a mobile unit to help address some of those immediate needs . He would be back to Council at a later date with some of those findings . 7. CONSENT AGENDA There were no items to be discussed on the Consent Agenda at this time. 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 1st Reading - Ordinance No. 2013-0-02 : An Ordinance amending the Comprehensive Plan to include revisions to the Restoration Sustainable Community Development District (RSCDD) Sub-Element rnL Agenda Request City Attorney Wolfe read Ordinance 2013-0-02 into the record. 4 Council Regular Meeting February 4, 2013 City Manager Barlow made a staff presentation. Staff recommended Council move forward with the amendment. Mayor Thomas opened the public hearing. City Manager Barlow answered questions presented by Councilman Ignasiak and Mayor Thomas. Councilman Emter presented comments. 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 Ordinance No. 2013-0-02, second by Councilman Gene Emter. The MOTION CARRIED 4-0-0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Christine Power, Mayor Michael Thomas No None Abstain None b. Resolution No. 2013-R-02 : A Resolution expressing sympathy for the loss of life and tragedy affecting all lives on December 14, 2012 in Newtown, CT and expressing support of the Conference of Mayors call to action to control gun violence Agenda Request City Attorney Wolfe read Resolution 2013-R-02 into the record. City Manager Barlow made a staff presentation. Councilwoman Power commented on an amendment to the resolution taking out all references to gun control and/or the Conference of Mayors and identified it would simply be an expression of sympathy for the loss of life and tragedy, which was what it was intended to be. City Manager Barlow identified City Clerk Wenzel had additional copies of the amended resolution, which were passed out to the public. City Attorney Wolfe read the entire amended Resolution 2013-R-02 into the record while City Clerk Wenzel had it displayed on the screen. Mayor Thomas opened the public hearing. Councilwoman Power was glad everyone was paying attention and attending the meeting. She identified every e-mail and phone call she received had something to say against the original resolution. 5 Council Regular Meeting February 4, 2013 Councilman Ignasiak commented on the City passing a similar resolution after 9/11 expressing sympathy for all of the victims of the Twin Towers . All of the objectionable material was gone and this was about expressing sympathy for the families of all the children who were killed in Newtown, Connecticut. Councilman Emter agreed with Councilman Ignasiak. He identified he had received 9 e-mails and calls regarding "gun control" . The resolution excluding that concept contained many very good ideas, which he identified. Mayor Thomas asked for public comment: Mike Visconti, 316 Pine Breeze Drive, commented on how the tragedy in Newtown, Connecticut has affected the lives of that community as well as his own life. He suggested people should teach their children the ten commandments, put the prayer back in school, teach their children to love one another. He also felt video games should be banned. He felt love needed to come from the home. Joe Hughes, 149 Lewis Street, submitted the Florida Sheriff' s Association comments on this subject that were drafted in support of their amendment relative to 2nd Amendment rights . He felt government had gotten quite adapted to fixing what wasn't broken. He further spoke of Texas educating people who wish to learn how to use weapons and they have three in every school, where if something like this were to occur they react themselves internally with people who have intelligence and the ability to arm themselves . Rhonda Ross, 4460 Beacon Light Road, spoke in support of the 2nd Amendment. Bill Lachenal, 3022 Vista Palm Drive, complimented Councilwoman Power for listening to them and understanding why they were so passionate about this . Bill Glaser, 1703 Needle Palm Drive, presented numbers and statistics that he felt identified why people cling to their guns with regard to people fearing government. Paul Sayre, 1914 Pine Tree Drive, spoke of being a police officer in Ohio and having no problem with expressing sympathy to the people of Sandy Hook. He spoke of seeing people that were killed with weapons other than guns . He then identified why he was against Mayor Bloomberg' s group, who say they are against illegal guns but they are against guns period. He further spoke of feeling safer with a gun. He felt it wasn't about gun control, it was about people control . 6 Council Regular Meeting February 4, 2013 Skip Lister, 1428 Needle Palm Drive, spoke of having the utmost respect for firearms . He felt anyone who had guns should have a gun safe and that safes were paramount. He felt there were a lot of guns on the street that didn't need to be there and that was because they weren't safe. Geoffrey Williams, 2429 Queen Palm Drive, identified and commented on the part of the resolution he could not agree with. Elise Delaney, 2228 Kumquat Drive, referred to Page 3 with regard to "by supporting action to prevent such tragedy. " She identified she was not in support of gun control. Mike England, Oak Hill, pointed out Councilwoman Power had suggested the resolution was supposed to be written without the guns in there and he wondered how it was written like this . He also wanted to know if any of the Council were in favor of the Feinstein type Bills or any gun legislation. Mayor Thomas disclosed he wasn't. Councilwoman Power disclosed she was not in favor of the Feinstein Bill or taking guns away from people in Edgewater. Mr. England felt Councilwoman Power seemed to suggest it was not written as agreed upon in her original comments . Councilwoman Power disclosed that was not correct. It was written as is . It did not strike her as a gun control issue, it was about the condolences and the support to find something with mental health. Councilman Ignasiak spoke of being completely against the 2013 Diana Feinstein Bill. Mr. England then commented on Ordinance 2013 and was concerned about the intrusion of federal government and Agenda 21. He was wondering if any of the tax dollars being received by the City through Volusia County were coming in through Agenda 21 . He asked the Council if they were familiar with Agenda 21 and had knowledge of how harmful that could be. Mr. England described what Agenda 21 was . He implored the Council to investigate Agenda 21 . Allen Spence, 119 West Connecticut Avenue, asked why they felt as a City they had to make this a resolution. If they wanted to do this as a private person, they could do that. He didn't understand why this was even being entertained. He asked Councilwoman Power where she got the idea to bring this up. Councilwoman Power informed him an undisclosed source. He implored the Council to vote no on the original and amended resolutions . 7 Council Regular Meeting February 4, 2013 Ed Stupack, 1320 Travelers Palm Drive, thanked Councilwoman Power for taking the language out. He voted for her and for a short time has been disappointed that he did and with language like that he identified he may not do it again. He spoke of loving Edgewater and expressed his objection to Section 4-3. Bobby Fuller, 582 Rio Grande, complimented the Council for taking anything out of the resolution that had to do with gun control. He felt new laws wouldn' t make a difference and they wouldn't keep the guns out of the criminals and nuts hands by making more laws . He further spoke of not trusting the Federal government. Megan Stacy, 1716 Needle Palm Drive, also spoke of the not trusting the Federal government or the media who were feeding false information to the public. Rick Carver, 2512 Silver Palm Drive, felt the tragedy in Newtown could not be fixed and would never be fixed. He spoke of getting their hands on the people who do these acts. He felt bringing in ex- military into schools who need jobs was a nice way to get started as they already know about their weapons . He felt writing something and sending it to the government would put the City right there with the government. Ed Ellison, owner of Country Barber Shop, identified he felt Councilwoman Power' s heart when she was talking about the kids and he saw what her intentions were in this . He further spoke of Homeland Security being a problem. Richard Janosky, 1529 Royal Palm Drive, disclosed he wouldn' t send anything to the government. He felt they should thump this whole thing. A gentleman in audience commented on the only thing worthwhile in the resolution being the first paragraph. He further commented on all of the school tragedies that have occurred. He felt the existing gun laws should be enforced and that they were asking the federal government to get involved and he felt they shouldn' t have their hands in Edgewater. Mayor Thomas thanked everyone for coming out tonight and stating what was on their mind. Mayor Thomas commented on this being very passionate to him. He then referred to the Constitution of the United States and commented on being very passionate about the 2nd Amendment and the right to bear arms. He had information that the guy didn't use the assault weapon and actually used four hand guns. He questioned if this was a knee jerk reaction to take a 2nd Amendment right away. He felt sorry for 8 Council Regular Meeting February 4, 2013 the children. It ' s not the guns that kill, it' s the people behind the guns and the mentally ill that do the killing. They needed to figure out how to get the guns away from those people. He further commented on how his hunt club brings $5 to $6 million back into the local economy every year. Mayor Thomas then identified on September 2, 1937 Franklin D. Roosevelt signed into law the Pittman Robinson Act, which was a federal aid to wildlife restoration act. They put a 10% tax on all firearms, ammunition, bows and arrows, which goes back to wildlife restoration and land acquisition. In 1970 they put something in there that said a lot of the tax would go back to the hunter' s safety education program. Mayor Thomas felt sorry about what happened. He couldn't support anything that might be misconstrued. He was going to speak to the City Attorney about whether or not he would have to sign the resolution as he did not want to. Mayor Thomas commented on having so many laws and they enact laws every day. He felt one should be taken off the books before a new one is enacted. He could not support this . City Manager Barlow identified the language was not drafted by any City staff and was sponsored by an outside source. Councilman Emter spoke of this being a highly emotional issue. He felt they couldn't lose sight of the fact that they are a law abiding society. The Supreme Court had ruled that owning firearms was not an absolute right and has upheld both federal attempts to regulate weapons and the State ' s powers to enact gun control measures . The 2nd Amendment, which he supports, is not absent from modification. Law will modify it and the Supreme Court will modify it. The rule was setup by our forefathers and it has worked today. No right in our Bill of Rights is absolute. He felt some of the comments he heard tonight bordered on vigilantism which was something to be avoided. The more laws that are created the worse off they are. Their right to talk to and try and convince the legislators above them was universal and he felt if they ignored it they were ignoring something important. Councilman Ignasiak identified the vote was the most powerful weapon in democracy, which was an individual vote. He again mentioned the resolution that was done after 9/11 which was a great integrating device and brought everybody together. This resolution does not bring people together. He felt many people were not comfortable with the resolution and felt it should be pulled back and tabled. Councilwoman Power was glad everyone came to the meeting. She heard a lot of different things that weren't mentioned in the e-mails or phone calls . The Council is there to listen to the citizens and do what 9 Council Regular Meeting February 4, 2013 they want them to do. She then identified what "call to action" meant to her. This was not intended to be a divisive device. It was meant to be sympathy and for the government to stand together and make something happen in a positive way for the kids . Mayor Thomas entertained a motion. No motion was made on either the original or revised Resolution. c. Resolution No. 2013-R-03: A Resolution adopting the City of Edgewater Bicycle/Pedestrian Facility Master Plan Agenda Request '' City Attorney Wolfe read Resolution 2013-R-03 into the record. City Manager Barlow made a staff presentation. Mayor Thomas opened the public hearing. City Manager Barlow answered questions presented by Mayor Thomas, Councilwoman Power and Councilman Emter. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilman Michael Ignasiak moved to approve Resolution No. 2013-R-03, second by Councilwoman Christine Power. The MOTION CARRIED 4-0-0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Christine Power, Mayor Michael Thomas No None Abstain None d. Todd Johnson, applicant for No Name Saloon located at 2001 S. Ridgewood Avenue, requesting a Special Activity Permit for Bike Week 2013 events with outdoor music to be held March 8 through March 17, 2013 Agenda Request City Manager Barlow made a staff presentation. He disclosed he received one letter from someone in the area asking to address the foul language, the sound level and the closing time regarding that event. City Clerk Wenzel confirmed the letter had been provided to Council. 10 Council Regular Meeting February 4, 2013 Jeff Lariscy, Fire Marshal, commented on the one incident that occurred at the last event as far as going over the time with regard to sound but they complied as soon as the matter was brought to their attention. City Manager Barlow spoke of No Name policing the sound themselves to make sure they didn't exceed the sound level . Due to there being no further comments, Mayor Thomas closed the public hearing and entertained a motion. Councilman Gene Emter moved to approve the Special Activity Permit for Bike Week for the No Name Saloon, second by Councilman Michael Ignasiak. The MOTION CARRIED 4-0-0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Christine Power, Mayor Michael Thomas No None Abstain None 9. BOARD APPOINTMENTS a. School Scholarship Committee - Councilman Emter' s appointment due to the resignation of Anne McCulloch, whose term expires on March 7, 2013 Agenda Request ': Councilman Emter spoke about ex-Councilman Justin Kennedy. Councilman Gene Emter moved to approve the appointment of Justin Kennedy to the School Scholarship Committee, second by Councilman Michael Ignasiak. The MOTION CARRIED 4-0-0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Christine Power, Mayor Michael Thomas No None Abstain None b. Planning and Zoning Board - Councilman Ignasiak' s appointment due to the resignation of Christine Power, whose term expires on September 12, 2014 Agenda Request `' 11 Council Regular Meeting February 4, 2013 Councilman Ignasiak spoke about George Kennedy. Councilman Michael Ignasiak moved to approve the appointment of George Kennedy to the Planning & Zoning Board, second by Councilman Gene Emter. The MOTION CARRIED 4-0-0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Christine Power, Mayor Michael Thomas No None Abstain None 10. OTHER BUSINESS a. Request to waive Purchasing Policy and authorize the City Manager to finalize the bidding process and award a contract to the successful bidder that meets all requirements of IFB #13-ES-003 and to make any necessary budget amendment Agenda Request .2t City Manager Barlow made a staff presentation. City Manager Barlow answered questions presented by Councilman Ignasiak. Mayor Thomas entertained a motion. Councilman Michael Ignasiak moved to approve the request to waive Purchasing Policy and authorize the City Manager to finalize the bidding process and award a contract to the successful bidder that meets all requirements of IFB #13-ES-003 and to make any necessary budget amendment, second by Councilwoman Christine Power. The MOTION CARRIED 4-0-0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilwoman Christine Power, Mayor Michael Thomas No None Abstain None 11. OFFICER REPORTS a. City Clerk City Clerk Wenzel spoke of attending the Volusia League of Cities dinner last month. 12 Council Regular Meeting February 4, 2013 City Clerk Wenzel informed Council the School Scholarship was hosting their 2nd Annual Princess Ball at the YMCA this Saturday from 7 p.m. to 9 p.m. and that the tickets were still on sale but were limited. City Clerk Wenzel stated last month they hosted a public records webinar which was put on by the Florida Department of Library and Archives . The City will be hosting a class in September that was open to anyone in the State. City Clerk Wenzel stated the CAPS were going to be doing a fundraiser for the upcoming Special Olympics . City Manager Barlow stated they were having a Car Show on February 16th at Hawks Park from 1 p.m. to 5 p.m. City Clerk Wenzel wanted to get an idea of how the Council was doing with the iPads and if they still wanted their agenda packets printed for them. Everyone on Council, other than Mayor Thomas who opted not to get an iPad, no longer needed their agenda packets printed. b. City Attorney City Attorney Wolfe had nothing at this time. c. City Manager City Manager Barlow also spoke of attending the Volusia League of Cities dinner. City Manager Barlow was hoping to have an update from the Edgewater Expo President regarding Riverfest which was going to occur starting on March 22nd through March 24th at the next meeting. He further commented on some of the events that would be occurring through the weekend. 12. CITIZEN COMMENTS The following citizen spoke: David Butler, 2932 Travelers Palm Drive, asked if there was an update on the investigation of the Police Chief. City Manager Barlow informed him he had preliminary conversation with FDLE last week and he was hoping to receive a report from them this week. Dave McAllister, has been here all his life. He thanked Council for holding such a wonderful meeting. 13 Council Regular Meeting February 4, 2013 Bill Lachenal, 3022 Vista Palm Drive, commented on what happened with the funds that were stolen from the Little League. He encouraged the Council to watch this and maybe bring them back next year. It broke his heart when the League left Edgewater. 13. ADJOURNMENT There being no further business to discuss, Councilman Ignasiak moved to adjourn. The meeting adjourned at 7 : 42 p.m. Minutes submitted by: Lisa Bloomer, CMC Attest: APPROVED: City of Edgewatex, Florida tk--)t\f cbcf Bonnie Wenzel, City Clerk Micha-1 L. Thomas, Mayor 14 Council Regular Meeting February 4, 2013