03-04-2013 - Regular da-
CITY COUNCIL OF EDGEWATER
REGULAR MEETING
MARCH 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 February 4, 2013
Minutes --
Councilman Gene Emter moved to approve the February 4, 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
3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS
a. Steve Holmes, President of Edgewater Expo Inc. , providing
an update on the upcoming Edgewater Riverfest scheduled for
March 22 - 24, 2013
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Council Regular Meeting
March 4, 2013
Steve Holmes presented the history and provided an update on the
Edgewater Expo and Edgewater Riverfest by identifying the events that
would be occurring each day. He also thanked his Board, Janet Shira,
Jack Corder, Bob McIntosh and City Manager Barlow.
Councilwoman Powers and Councilman Ignasiak both offered to flip
pancakes on Sunday morning.
City Manager Barlow informed Council he had forwarded them the
detailed event action plan. He also commented on the time and effort
put into this by City staff.
Councilman Emter spoke of being impressed with the organizational
chart.
Mr. Holmes encouraged Council to stop by and see the photo contest
that would be held in the Council Chambers on March 18th.
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
Councilwoman Power had nothing at this time .
Councilman Ignasiak spoke of attending the CAPS fundraiser that was
held at Hawks Park.
Councilman Emter also spoke of attending the CAPS fundraiser and being
impressed with the number of people from Edgewater who were there.
Councilman Emter spoke of recently being notified of applications
available for the FLOC Citizen of the Year. He informed Council he
picked Marcia Barnett and Bliss Jamison. He had also nominated City
Manager Barlow as Employee of the Year.
Councilman Emter then presented an update on the Transportation
Planning Organization. He referred to a map on the screen which
showed the TPO boundary at this time and the area in Flagler County
that was being added to the TPO with regard to voting. Lois
Bollenbach was offered a contract for Executive Director but they
needed some additional details . He also commented on a presentation
made by Titusville, Flagler County and FDOT having to do with a
Titusville to Edgewater Loop Trail project.
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Council Regular Meeting
March 4, 2013
Councilman Emter then commented on attending the February 28, 2013
County Council meeting as it related to amending the policy for
approving a new Community Redevelopment Agency application.
City Manager Barlow presented the history and update with regard to
two ordinances adopted by the County Council in 2010 with regard to
existing CRA' s and new CRA' s going forward. Edgewater and Orange City
have requested delegation of authority for a CRA district within their
cities . The County Council had not issued a delegation of authority
to either city and have said they wanted to make further amendments to
new CRA' s going forward. He felt the regulations or restrictions for
CRA' s would make it impossible to have enough funds for redevelopment
purposes based on some of the recommendations made by County staff to
the County Council . The County Council appeared to give the go ahead
to the County Attorney to implement a lot of the recommendations into
an ordinance, which multiple cities were concerned about. The cities
were meeting again this week to talk further about it. He had a
couple of County Councilmembers reach out to him who want to talk
further about some of their concerns . He received a copy of the
presentation that was not shared with any City members prior to them
having to go to Deland and sit in the audience to see what they were
going to discuss . He commented on one of the concerns of the County
Council being the property value growth rate . He felt the Council
should be very concerned about the direction the County Council was
going that would eliminate any opportunity for redevelopment.
Councilman Emter felt this was one serious event that decimates their
efforts for a CRA, which they had already invested $15, 000 for
preparation and hours and hours of staff time. Orange City had
already invested $129, 000 into their preparation. He felt this bared
careful watching and a significant response.
Councilman Ignasiak spoke of this being nothing new and being part of
an ongoing agenda that he was also concerned with. City Manager
Barlow felt their counterparts at the County Council level needed to
hear the Council ' s concerns . Councilman Ignasiak pointed out this had
been done in the past and had fallen on deaf ears .
Councilman Emter felt an element to be considered would be a joint
resolution passed by a majority if not all of the municipalities in
the County.
All of the Councilmembers present concurred with the nominations made
by Councilman Emter for Citizen and Employee of the Year.
7. CONSENT AGENDA
a. Request for East Volusia Mosquito Control District to make
low level aerial inspection and spray flights over the City
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Council Regular Meeting
March 4, 2013
of Edgewater and authorization for the Mayor to execute the
document
Agenda Request t
City Manager Barlow made a staff presentation.
Mayor Thomas entertained a motion.
Councilman Michael Ignasiak moved to approve the request for the East
Volusia Mosquito Control District to make low level aerial inspection
and spray flights over the City of Edgewater and authorization for the
Mayor to execute the document , 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
8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
a. 1st Reading - Ordinance No. 2013-0-01 : Glenn Storch,
requesting annexation of 41 .26± acres of property located
east of Old Mission Road, west of Air Park Road and north
of W. Indian River Boulevard
Agenda Request
City Attorney Wolfe read Ordinance 2013-0-01 into the record.
City Manager Barlow made a staff presentation.
There was a brief discussion regarding how close this was from the
water recharge area.
Mayor Thomas had been through there when there was flooding that
occurred there. The Hammock runs north and south and was nothing but
a drain to the Indian River. City Manager Barlow confirmed the
wetlands would be protected.
Councilman Ignasiak asked if there were any requirements to get EPA
clearance on this . City Manager Barlow informed him he would have to
go through several organizations for permitting. Councilman Ignasiak
confirmed with City Manager Barlow that the checks and balances were
in place with regard to Mayor Thomas concerns regarding disturbing the
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Council Regular Meeting
March 4, 2013
wetlands . City Manager Barlow further identified for Council that
this was just the annexation.
Mayor Thomas asked for public comment.
Clay Brown, Attorney with Storch & Harris, made a presentation on
behalf of the applicant.
Mr. Brown and City Manager Barlow answered questions presented by
Councilman Emter with regard to the ultimate design for this property
and how many residents they anticipated.
Due to there being no further Council or public comment, Mayor Thomas
entertained a motion.
Councilman Gene Emter moved to approve Ordinance No. 2013-0-01, 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. 1st Reading - Ordinance No. 2013-0-03 : An amendment to the
Comprehensive Plan to update the Capital Improvements
Element and the accompanying Capital Improvements Program
calk
Agenda Request '!`
City Attorney Wolfe read Ordinance 2013-0-03 into the record.
City Manager Barlow made a staff presentation.
Due to there being no Council or public comment, Mayor Thomas
entertained a motion.
Councilman Michael Ignasiak moved to approve Ordinance No. 2013-0-03,
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
c. Resolution No. 2013-R-04 : A Resolution identifying future
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Council Regular Meeting
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transportation, bicycle and pedestrian system needs and
requesting inclusion of the identified needs into the
Volusia County Transportation Planning Organization' s Long
Range Transportation Needs Plan
i
Agenda Request ?!'L
City Attorney Wolfe read Resolution 2013-R-04 into the record.
City Manager Barlow made a staff presentation.
City Manager Barlow answered questions presented by Councilman Emter
with regard to what projects they had in line to be submitted to the
TPO. City Manager Barlow identified they already had some on the list
and he wouldn't know until after tonight if more may be eligible. He
cautioned they didn' t get overly aggressive to the point they couldn't
afford to fund their portion.
Due to there being no further Council or public comment, Mayor Thomas
entertained a motion.
Councilman Gene Emter moved to approve Resolution No. 2013-R-04,
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
d. Resolution No. 2013-R-05 : A Resolution amending the By-Laws
of the Library Board
.
Agenda Request t'=
City Attorney Wolfe read Resolution 2013-R-05 into the record.
City Manager Barlow and City Clerk Wenzel made a staff presentation.
Councilman Ignasiak had a question but stated it had been answered
during City Clerk Wenzel ' s portion of the presentation.
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-05,
second by Councilwoman Christine Power.
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Council Regular Meeting
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The MOTION CARRIED 4-0-0.
Yes Councilman Gene Emter, Councilman Michael Ignasiak,
Councilwoman Christine Power, Mayor Michael Thomas
No None
Abstain None
e. Resolution No. 2013-R-06: A Resolution showing support to
Volusia County for the planning of a revised Floodplain
Management Plan
Agenda Request .:-
City Attorney Wolfe read Resolution 2013-R-06 into the record.
City Manager Barlow made a staff presentation.
Due to there being no Council or public comment, Mayor Thomas
entertained a motion.
Councilwoman Christine Power moved to approve Resolution No. 2013-R-
06, 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. Library Board - Mayor Thomas ' appointment due the expired
term of Laverna McGinnis, who is seeking reappointment
Agenda Request
Mayor Thomas nominated Laverna McGinnis to be reappointed to the
Library Board.
Councilman Michael Ignasiak moved to approve the reappointment of
Laverna McGinnis to the Library Board, second by Councilwoman
Christine Power.
The MOTION CARRIED 4-0-0.
Yes Councilman Gene Emter, Councilman Michael Ignasiak,
Councilwoman Christine Power, Mayor Michael Thomas
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Council Regular Meeting
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No None
Abstain None
b. Construction Board of Adjustments & Appeals - Councilman
Ignasiak' s appointment due to the expired term of Brian
Foster, who is seeking reappointment
Agenda Request
Councilman Michael Ignasiak moved to approve the reappointment of
Brian Foster to the Construction Board of Adjustments & Appeals,
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
c. Construction Board of Adjustments & Appeals - Councilman
Emter' s appointment due to the expired term of Diane
Freeman, who is seeking reappointment
I
Agenda Request :
Councilman Gene Emter moved to approve the reappointment of Diane
Freeman to the Construction Board of Adjustments & Appeals, 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
d. Construction Board of Adjustments & Appeals - Councilwoman
Power' s appointment due to the expired term of Bruce Mann,
who is seeking reappointment
Agenda Request ="
Councilwoman Christine Power moved to approve the reappointment of
Bruce Mann to the Construction Board of Adjustments & Appeals, second
by Councilman Michael Ignasiak.
The MOTION CARRIED 4-0-0.
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Council Regular Meeting
March 4, 2013
Yes Councilman Gene Emter, Councilman Michael Ignasiak,
Councilwoman Christine Power, Mayor Michael Thomas
No None
Abstain None
e. Construction Board of Adjustments & Appeals - Councilwoman
Bennington' s appointment due to the expired term of Michael
Raulerson, who is seeking reappointment
Agenda Request
Due to the absence of Councilwoman Bennington, this item will be heard
at the next regular meeting.
10. OTHER BUSINESS
a. Authorization for the Mayor to execute the Event License
Agreements with the Edgewater-New Smyrna Cemetery, Now
Inc. , and First Baptist Church of Edgewater to utilize
vacant property for parking during the Edgewater Expo;
March 22-24, 2013
elk
Agenda Request 12=
City Manager Barlow made a staff presentation.
Due to there being no Council or public comment, Mayor Thomas
entertained a motion.
Councilman Michael Ignasiak moved to authorize the Mayor to execute
the Event License Agreements with the Edgewater-New Smyrna Cemetery,
Now Inc. , and First Baptist Church of Edgewater, second by
Councilwoman Christine Power.
The MOTION CARRIED 4-0-0.
Yes Mayor Michael Thomas, Councilwoman Christine Power,
Councilman Michael Ignasiak, Councilman Gene Emter
No None
Abstain None
b. Authorization to approve piggybacking the School Board of
Sarasota County bid with Southeastern Surfaces & Equipment,
Inc. to refurbish the YMCA gymnasium floor for the sum of
$38, 518 . 38 and authorization for the City Manager to issue
a purchase order
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Council Regular Meeting
March 4, 2013
Agenda Request - .
City Manager Barlow made a staff presentation.
Due to there being no Council or public comment, Mayor Thomas
entertained a motion.
Councilman Gene Emter moved to authorize the approval of the
piggybacking the School Board of Sarasota County bid with Southeastern
Surfaces & Equipment, Inc. to refurbish the YMCA gymnasium floor for
the sum of $38,518.38 and authorization for the City Manager to issue
a purchase order, second by Councilman Michael Ignasiak.
The MOTION CARRIED 4-0-0.
Yes Mayor Michael Thomas, Councilwoman Christine Power,
Councilman Michael Ignasiak, Councilman Gene Emter
No None
Abstain None
c. Approval of the Assignment & Assumption of Contractual
Obligations with B&S Engineering Consultants, LLC and
authorization for the Mayor to execute the document
Agenda Request
City Manager Barlow made a staff presentation. He recommended they
assign the B & H agreement over to B & S Engineering through their
business transaction, which would take them through August, at which
time they would have to readvertise for Engineering Continuing
Services . The only current project assigned to this agreement now was
the U.S . #1 Right of Way Certification Sidewalk design. He wanted to
continue on with B & S to get them through the rest of this project or
at least up until August.
Councilwoman Power asked about August being the completion date of the
contract. City Manager Barlow informed her if subsequently B & S
Engineering LLC was selected for another three year stint with some
renewals it would solve the problem. If not, his agreement could be
extended for the remainder of the U.S. 1 Right-of-Way Certification
Sidewalk project.
Councilman Ignasiak confirmed it was a transfer of authority and
obligations with no financial change whatsoever. City Manager Barlow
confirmed that was correct.
Due to there being no further Council or public comment, Mayor Thomas
entertained a motion.
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Council Regular Meeting
March 4, 2013
Councilwoman Christine Power moved to approve the Assignment &
Assumption of Contractual Obligations with B&S Engineering
Consultants, LLC and authorization for the Mayor to execute the
document, second by Councilman Michael Ignasiak.
The MOTION CARRIED 4-0-0.
Yes Mayor Michael Thomas, Councilwoman Christine Power,
Councilman Michael Ignasiak, Councilman Gene Emter
No None
Abstain None
Mayor Thomas recognized the Boy Scouts of America were in the audience
and asked if they wanted to say anything or if there was a special
reason they were there .
Scout Master for Troop 429 stated his three boys were there and were
working on their Citizen Community Merit badge .
Mayor Thomas explained for the three boys why they hold City meetings .
There was a discussion regarding becoming an Eagle Scout and this
being difficult to achieve.
Mayor Thomas thanked them for attending.
d. Acceptance of recently drafted Project Goals
Agenda Request
City Manager Barlow made a staff presentation by commenting on the
2013 Project Goals, which he identified may not all necessarily be
completed in 2013 and that some may essentially be planting the seed
in 2013 to be completed at a later date.
Councilman Ignasiak was very happy with the 2013 Project Goals list,
which he felt were attainable and realistic.
Councilwoman Power questioned if this was something they would
readdress at mid-year. City Manager Barlow recommended they readdress
them closer to the new budget year.
Councilwoman Power felt it was a big list and that it would be helpful
to know which ones were earmarked for right now or which ones that
they have funding for. Councilman Emter commented on staff submitting
quarterly reports and felt the goal update could be included as
another report. City Manager Barlow agreed to do a goal update in
spreadsheet format at the same time as the quarterly reports .
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Council Regular Meeting
March 4, 2013
Due to there being no further Council or public comment, Mayor Thomas
entertained a motion.
Councilman Gene Emter moved to accept the recently drafted Project
Goals for 2013, second by Councilwoman Christine Power.
The MOTION CARRIED 4-0-0.
Yes Mayor Michael Thomas, Councilwoman Christine Power,
Councilman Michael Ignasiak, Councilman Gene Emter
No None
Abstain None
e. Acknowledgement of 2012 Performance Evaluation summary and
goal prioritization for the City Manager and City Clerk
Agenda Request '
City Manager Barlow made a staff presentation.
City Clerk Wenzel asked for clarification on "What two things the City
Clerk does not do now that the City Council would most like her to
do. " She wanted to know if these were things that were not done next
year at evaluation time if she would be penalized for. She informed
Council some of the items she could work on if the Council told her
collectively they wanted her to do this and that some of the items she
would have to work with other departments to do that she couldn' t
necessarily do by herself.
Councilman Emter felt they would be looking at more of a cooperative
nature. These were suggestions he felt would benefit the City in
terms of the relationship between the City Clerk' s office and others
in the City, recognizing she didn't have authority in some of those
other areas but from a cooperative standpoint between the City Clerk
and City Manager to get involved in some areas other than the small
area she was responsible for. He felt it was helpful for the City as
a whole.
Councilman Ignasiak commented on the City Clerk position being a
unique and evolving position. He didn' t want her to over involve
herself as he felt he may be leaning more toward caution.
Councilman Emter commented on how well they feel the City Manager and
City Clerk were doing in their respective responsibilities . He felt
the Council was pretty proud of where they were at this point.
Due to there being no further Council or public comment, Mayor Thomas
entertained a motion.
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Council Regular Meeting
March 4, 2013
Councilman Michael Ignasiak moved to accept the drafts as presented,
second by Councilwoman Christine Power.
The MOTION CARRIED 4-0-0.
Yes Mayor Michael Thomas, Councilwoman Christine Power,
Councilman Michael Ignasiak, Councilman Gene Emter
No None
Abstain None
f. Consideration of settlement offer submitted by Laura Muniz
Agenda Request
City Attorney Wolfe made a staff presentation. If Council were
inclined to settle, he recommended this be settled for nuisance value,
$5, 000 or less .
City Attorney Wolfe answered questions presented by Councilman
Ignasiak.
Councilman Ignasiak was inclined to agree with City Attorney Wolfe
that they not give into this claim as he felt it was extortion.
City Attorney Wolfe then answered questions presented by Councilwoman
Power.
Councilman Emter stated his first inclination would be no settlement
whatsoever. His second inclination would be if there were a
settlement to limit it to $6. 50 .
Mayor Thomas commented on the Subway discount sticking out in his
mind. He felt this showed what type of person she was . He didn' t
want to give her anything. Councilwoman Power agreed.
Councilman Gene Emter moved to not consider any settlement with Laura
Muniz, 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
11. OFFICER REPORTS
a. City Clerk
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Council Regular Meeting
March 4, 2013
City Clerk Wenzel commented on providing Council with the updated City
Council meeting schedule as she wanted to make sure it was okay with
everyone .
b. City Attorney
City Attorney Wolfe had nothing at this time.
c. City Manager
City Manager Barlow commented on a document he placed in front of
Council titled "Change Order" . This occurred after the agenda was
published but needed to be addressed prior to the next agenda.
City Manager Barlow answered questions presented by Councilman
Ignasiak with regard to the savings .
Councilman Gene Emter moved to authorize the City Manager to execute
the change order with Brandes Design Build, 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
City Manager Barlow informed Council if they get to a point where they
start to pick up activities and feel the need to go back to two
Council meetings a month, he wanted them to consider one meeting a
month being in the evening and one meeting a month being in the
daytime. He then presented scenarios that may warrant going back to
two meetings a month. He also spoke about lessening the agenda cutoff
date due to City Clerk Wenzel not needing as much time to prepare the
agenda since the Council can receive their packets electronically.
Mayor Thomas spoke of being fortunate to be able to go to one meeting
a month. He had no problem with going to two meetings a month to
expedite the process .
Councilman Ignasiak spoke of being willing to experiment with the
daytime meetings .
Councilman Emter agreed. He preferred getting the agenda early and
then correcting it since it is electronic. City Clerk Wenzel pointed
out Council had approved no amending to the agenda after the cutoff
date in her goals . She was okay either way but wanted it to be made
clear to her.
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Council Regular Meeting
March 4, 2013
Councilman Ignasiak spoke of having the time to review the agenda and
being able to get answers from staff for questionable items
beforehand. He was okay with sending the agenda packet to them a week
before the meeting and then providing them with updates .
City Manager Barlow requested no amending to the agenda after the
cutoff date be changed in City Clerk Wenzel ' s goals . Councilman Emter
felt this item could be removed from her goals .
City Manager Barlow confirmed Council was comfortable with trying
daytime meetings, allowing the City Clerk to do the agenda early and
Council being okay with it being amended, and the reference to no
amending to the agenda after the cutoff date be removed from City
Clerk Wenzel ' s goals . He also pointed out they weren' t at the point
of going to two meetings a month but he likes to plan ahead. He
suggested the first meeting be held at 6: 00 p.m. and the second
meeting being held at 9: 00 a.m.
City Manager Barlow reminded Council City Clerk Wenzel did a great job
sending public information regarding the reduction in floodplain score
and the reduction in the fire ISO rating.
Councilman Emter recognized Mark Johnson with the News Journal who he
felt did an excellent article.
City Manager Barlow informed Council the Bert Fish Board had their
presentations in the Council Chambers last week. He spoke of the
renovations that were done to the Council Chambers working well and
making the room very functional .
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 : 32 p.m.
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Council Regular Meeting
March 4, 2013
Minutes submitted by:
Lisa Bloomer, CMC
Attest: APPROVED:
City of Edgewater, Florida
tiDrAsvaL. --X
Bonnie Wenzel, City Clerk Michael I;nasiak, Vice-Mayor
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Council Regular Meeting
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