04-01-2013 - Regular CITY COUNCIL OF EDGEWATER
REGULAR MEETING
APRIL 1, 2013
6:00 P.M.
COUNCIL CHAMBERS
MINUTES
1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION
Vice Mayor Ignasiak called the Regular Meeting to order at 6: 00 p.m.
in the Council Chambers .
Present Councilwoman Christine Power
Vice Mayor Michael Ignasiak
Councilman Gene Emter
City Manager Tracey Barlow
City Clerk Bonnie Wenzel
City Attorney Aaron Wolfe
Excused Mayor Michael Thomas
Councilwoman Gigi Bennington
There was a silent invocation and pledge of allegiance to the Flag.
2. APPROVAL OF MINUTES
a. Regular Meeting of March 4, 2013
GEL
Minutes
Councilman Gene Emter moved to approve the March 4, 2013 Regular
Meeting minutes, second by Councilwoman Christine Power.
The MOTION CARRIED 3-0-0.
Yes Councilman Gene Emter, Vice Mayor Michael Ignasiak,
Councilwoman Christine Power
No None
Abstain None
3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS
a. James Halleran, of James Moore & Company, presenting the FY
2012 Comprehensive Annual Financial Report
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Council Regular Meeting
April 1, 2013
James Halleran, James Moore & Company, presented the City' s audit of
the FY2012 Comprehensive Annual Financial Report by going through a
Powerpoint Presentation.
There was then a discussion regarding MIS and having good
documentation of the IT infrastructure so another IT person could come
in and operate the City' s IT system.
Vice Mayor Ignasiak then questioned being underfunded in that area.
City Manager Barlow identified growing into the IT environment, the
protocols and policies had never been documented. He didn' t know that
they had the resources on staff to be able to put that together and
that they would probably have to contract that out. He further
identified it was a goal, just one they hadn' t gotten to yet.
Councilman Emter questioned having backups and being able to recover
information. City Manager Barlow explained the current IT staff could
recover the information but if something were to happen to them they
didn't have the policies to understand things such as where the
backups were located, what software systems talk to other software
systems, and what passwords were and how they were protected. City
Manager Barlow identified this was his responsibility to address .
Councilman Emter asked if they had anything approaching a plan to do
that. City Manager Barlow informed him they didn't have the resources
on staff to do that. Councilman Emter asked if there was anything
that could be done at this point, not involving additional staff, etc.
to prepare them for an eventual plan. City Manager Barlow didn' t
think so. Finance Director John McKinney identified he had already
taken the steps and should have the first of the proposals by the
first of next week. Once the proposal was received he was using that
as a boiler plate to engage with Mr. Halleran and one other person so
they could get this comment resolved by September 30, 2013. He was
hoping to have all of the documentation in place to send the proposal
out in six months .
Councilman Emter asked if Mr. McKinney was up for contract renewal or
salary adjustment. City Manager Barlow informed him neither and that
he was on the same salary adjustment as the rest of the department
directors . Councilman Emter informed Mr. McKinney he did a good job.
Mr. Halleran offered to meet with the Council one on one or talk to
them on the phone if they had any questions .
City Manager Barlow wanted to talk about the comment made by Mr.
Halleran with regard to the pension plans . The General Employee
Pension plan had eleven members that had not retired yet. If the
majority of Council gave staff permission, they could go out and get
some actuarial studies of what other funding opportunities there may
be to smooth out the sustainability of their obligations for funding
the general employee pension until the last person was no longer
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Council Regular Meeting
April 1, 2013
around to collect a pension check. If Council gave them direction,
they could start working that internally. This would come back before
Council with recommendations before any final decisions were made.
That would also be shared with the General Employee Pension Board.
There was a discussion regarding this having the potential to
stabilize the cost.
It was the consensus of Council get some actuarial studies of what
other funding opportunities there may be to smooth out the
sustainability of their obligations for funding the general employee
pension until the last person was no longer around to collect a
pension check.
City Manager Barlow needed direction and permission from Council with
regard to the General Employee Pension Board, which currently had
seven members and only eleven members in the Defined Benefit Plan. He
wanted the opportunity to talk to the attorney and look at if they
needed to continue with the General Employee Pension Board as it has
cost them money in the past through pension administrators and
consultants . He also asked if Council wanted to assume some of the
responsibilities of the Pension Board in lieu of having a pension
board and rely on their custodians or consultants to make the
recommendations to Council for investments if they didn't buy
annuities .
Vice Mayor Ignasiak asked if it was locked in by Charter. City
Manager Barlow informed him he didn' t believe it was and that that was
part of the research they would do. He needed direction from Council
to allow staff to start pursuing some options to bring back to
Council .
Councilman Emter questioned how many of the seven members on the Board
were part of the eleven still in the plan. City Manager Barlow
identified it may be two.
City Manager Barlow identified when he came on there were only City
employees on the Board who were benefactors of the pension, which made
him uncomfortable .
It was the consensus of Council allow staff to start pursuing some
options to bring back to Council .
Councilwoman Power then asked about the two signature requirement on
checks over $50, 000 and who the first signature would be. City
Manager Barlow pointed out one of the signatures was electronic and
that the authorized signatories were City Manager Barlow, City Clerk
Wenzel, Mayor Thomas, Finance Director McKinney and Vice Mayor
Ignasiak.
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Council Regular Meeting
April 1, 2013
City Manager Barlow commented on the concerns with Finance Director
McKinney being able to sign the checks that he prints, which he
identified they would address .
b. Proclamation - Proclaiming April 21, 2013 as PowerTalk 21
Day
Vice Mayor Ignasiak read a proclamation proclaiming April 21, 2013 as
Powertalk 21 Day.
c. Proclamation - Observing April 2013 as Child Abuse
Prevention Month
Vice Mayor Ignasiak read a proclamation observing April 2013 as Child
Abuse Prevention Month.
d. Proclamation - Proclaiming April 9, 2013 as National
Service Recognition Day
Vice Mayor Ignasiak read a proclamation proclaiming April 9, 2013 as
National Service Recognition Day.
e. Proclamation - Proclaiming April 2013 as Water Conservation
Month
Vice Mayor Ignasiak read a proclamation observing April 2013 as Water
Conservation Month.
4. CITIZEN COMMENTS
The following citizen spoke:
NoraJane Gillespie, 2263 Candlewood Lane, New Smyrna Beach, the art
enrichment teacher at Edgewater Public School. She pointed out that
tomorrow 500 years ago Ponce DeLeon landed somewhere between
Jacksonville and Cape Canaveral . She further identified she was very
proud that the school had participated in full with the State
requirements for Viva Florida 500 .
5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA
There were no Changes/Modifications to the agenda.
6. CITY COUNCIL REPORTS
Councilwoman Power spoke of attending the Expo last weekend and
receiving comments from people who came by the City' s booth. She also
spoke of attending Volusia Days in Tallahassee.
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Council Regular Meeting
April 1, 2013
Councilman Emter questioned if it was worth it. Councilwoman Power
felt it was a lot of campaigning to her.
Councilman Emter reported on attending the Edgewater Landing
Homeowners Association meeting. He also attended the Chamber of
Commerce Business After Hours .
Councilman Emter then spoke of having an opportunity to write e-mails
to each of the County Councilmembers requesting they delay their
decision on the proposed CRA policy. At the County Council meeting
they in fact did delay for 60 days the decision on that policy.
Councilman Emter spoke of attending the Riverfest.
Councilman Emter then commented on further discussions he had been
having with Deborah Denys by e-mail regarding CRAs . He spoke of this
being a strong issue that had significant impact and there being a
deep, philosophical divide between the cities and the County. He
thought this was an issue where it was possible to come together and
end up amicably working it out to the benefit of both the City and the
County. He further identified City Manager Barlow as a significant
leader in the communication effort and that he couldn' t do it alone.
He felt the Council as well as the citizens needed to get involved and
find out what the issues were and if this was an area they could
support the City to the County.
Councilwoman Power asked if he felt it would help to have petitions .
Councilman Emter informed her at this point no. The situation was
they were discussing the County' s proposal of a new policy, which he
felt was extremely rigid and had no flexibility.
Councilman Emter commented on CRA' s being a wide open situation until
2010 when the policy was implemented. He further identified there had
been no CRAs granted under the 2010 policy. Now they are coming up to
change it again with a much more stringent set of policies . He would
question the value of a CRA under these proposed policies . He felt it
wasn't worth it.
Councilwoman Power felt it was interesting that it was based on a
formula that didn' t work for them.
Councilman Emter felt it was a consensus amongst the five cities that
have CRA proposals in the pipeline somewhere was an unworkable
situation. The County delayed action for 60 days which allowed the
opportunity for communication and information. Councilwoman Power
felt it was good that they didn' t try to steamroll it forward. He
felt collectively they needed to pay attention and be actively
involved.
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Council Regular Meeting
April 1, 2013
Vice Mayor Ignasiak then commented on attending the Business
Expo/Riverfest.
Vice Mayor Ignasiak spoke of attending a number of events from the
Volusia League of Cities and the Chamber, from ribbon cuttings to the
Mayor' s presentation of the States of the Cities . Mayor Thomas made a
presentation about Edgewater and Mayor Barringer made a presentation
about New Smyrna Beach as far as where they were at and where they
were going. The cities are very similar but very different and were
both moving in the same direction.
Councilman Emter forgot to mention the TPO meeting and identified that
Lois Bollenback was hired as the Director after having previously
served as the Interim Director. They also moved ahead with the
resolution approving the Volusia TPO Reapportionment Plan. Now it
comes to the cities for approval. Then it goes to the Governor who
has to approve it before it became final.
Vice Mayor Ignasiak asked City Manager Barlow if he was going to bring
up the item he had discussed with him earlier regarding the fitness
thing. City Manager Barlow wanted to get more information before
discussing this with Council.
7. CONSENT AGENDA
a. Request for approval to award the US Highway 1 Reclaimed
Water Mains contract to ThadCon, LLC and authorize the City
Manager to execute the contract and all related Budget
Amendments
agenda request 2`
Councilman Gene Emter moved to approve the Consent Agenda, second by
Councilwoman Christine Power.
The MOTION CARRIED 3-0-0.
Yes Councilman Gene Emter, Vice Mayor Michael Ignasiak,
Councilwoman Christine Power
No None
Abstain None
8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
a. 2nd Reading - Ordinance No. 2013-0-03 : An amendment to the
Comprehensive Plan to update the Capital Improvements
Element and the accompanying Capital Improvements Program
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Council Regular Meeting
April 1, 2013
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, Vice Mayor Ignasiak
entertained a motion.
Councilwoman Christine Power moved to approve Ordinance No. 2013-0-03,
second by Councilman Gene Emter.
The MOTION CARRIED 3-0-0.
Yes Councilman Gene Emter, Vice Mayor Michael Ignasiak,
Councilwoman Christine Power
No None
Abstain None
b. Resolution No. 2013-R-07 : A Resolution supporting the
planning area boundary adjustment and membership
reapportionment plan to expand the metropolitan planning
area and to reapportion the voting membership of the
Volusia Transportation Planning Organization
slijk
agenda request
City Attorney Wolfe read Resolution 2013-R-07 into the record.
City Manager Barlow made a staff presentation.
Due to there being no Council or public comment, Vice Mayor Ignasiak
entertained a motion.
Councilman Gene Emter moved to approve Resolution No. 2013-R-07,
second by Councilwoman Christine Power.
The MOTION CARRIED 3-0-0.
Yes Councilman Gene Emter, Vice Mayor Michael Ignasiak,
Councilwoman Christine Power
No None
Abstain None
9. BOARD APPOINTMENTS
a. Construction Board of Adjustments and Appeals -
Councilwoman Bennington' s appointment due to the expired
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Council Regular Meeting
April 1, 2013
term of Michael Raulerson, who is seeking reappointment.
(This item was continued from the March 4, 2013 meeting) .
agenda request '
City Manager Barlow recommended Council make this appointment in the
absence of Councilwoman Bennington.
Vice Mayor Ignasiak entertained a motion.
Councilwoman Christine Power moved to approve the reappointment of
Michael Raulerson to the Construction Board of Adjustments & Appeals,
second by Councilman Gene Emter.
The MOTION CARRIED 3-0-0.
Yes Councilman Gene Emter, Vice Mayor Michael Ignasiak,
Councilwoman Christine Power
No None
Abstain None
10. OTHER BUSINESS
a. Authorization for the City Manager to execute the fifth
amendment of the Interlocal Agreement providing for the
establishment of the East Volusia Local Government Fire-
Rescue and Emergency Medical Services Auto Aid and Closest
Unit Response System
agenda request
City Manager Barlow made a staff presentation.
Vice Mayor Ignasiak asked about the County contract and being required
to cover the area to the south in their absence. The County currently
wasn't involved in this mutual aid agreement so they would not be
sufficed to have to respond to a situation down there and they would
have to deplete other units that they currently have contracts with
before the City would go. City Manager Barlow informed him that was
correct and further identified under the EMS ordinance if it was
deemed a medical emergency they had to respond. Anything outside of
that they would have to deplete all the resources in the southeast
region before they could send Edgewater' s services that way. He
further identified it would be mutual aid under certain circumstances
and it wouldn't be an automatic aid or closest unit response. Vice
Mayor Ignasiak asked if the County was entertaining moving that way.
City Manager Barlow explained they had been offered as a signature to
this as well and they had been in the past but it was his
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Council Regular Meeting
April 1, 2013
understanding they were struggling with the reimbursement component,
which was a requirement of the agreement.
Councilwoman Power asked why, if they had a rig at Halifax Health,
they would be going to Ormond. City Manager Barlow explained it was
the same agreement but it wasn't necessarily that they would take us
on an automatic aid agreement unless it was a significant event for
which each agency shares resources .
Vice Mayor Ignasiak entertained a motion.
Councilman Gene Emter moved to approve authorization for the City
Manager to execute the fifth amendment of the Interlocal Agreement
providing for the establishment of the East Volusia Local Government
Fire-Rescue and Emergency Medical Services Auto Aid and Closest Unit
Response System, second by Councilwoman Christine Power.
The MOTION CARRIED 3-0-0.
Yes Councilman Gene Emter, Vice Mayor Michael Ignasiak,
Councilwoman Christine Power
No None
Abstain None
11. OFFICER REPORTS
a. City Clerk
City Clerk Wenzel informed Council her office was currently reviewing
approximately 100 boxes located onsite for destruction. They were
working with Crown Information Services, who was currently doing the
City' s shredding, on pricing for scanning documents that had a more
permanent retention. She further identified once this was complete it
would become a cost savings to the City.
City Clerk Wenzel informed Council she attended the School Scholarship
Committee meeting on March 21st where they awarded five $1, 000
scholarships this year. They would be awarded on May 31st at the High
School ' s Honors Night.
City Clerk Wenzel then commented on attending a Public Records
Training Class in Daytona Beach and the Police Pension Board meeting
to help the Personnel Department out as the Board Coordinator was not
able to attend.
b. City Attorney
City Attorney Wolfe provided Council with an update on the Laura Muniz
claim.
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Council Regular Meeting
April 1, 2013
c. City Manager
City Manager Barlow informed Council he had been approached by the
Fire Department Union Association, who they co-sponsor the fireworks
with. The cost of the fireworks had increased this year and it didn' t
appear they were going to be able to raise those additional proceeds .
They were asking Council to consider increasing their funding match to
$7, 500 . He and Finance Director McKinney started combing through the
mid-year budget and if they could extrapolate enough savings through
mid year he wanted to know if Council was okay with increasing their
funding share to $7, 500 so the show could go on.
After some discussion, it was the consensus of Council to support the
additional $1, 500 .
City Manager Barlow informed Council the Code Enforcement Attorney and
Chairwoman of the Code Enforcement Board were leaving. If Council
wanted they could put together a workshop prior to the May meeting and
hear a presentation from their Code Division regarding the benefits of
a Special Magistrate over a Board or a combination of. Out of 15
cities in Volusia County, 8 cities used only a Special Magistrate, 2
cities used only a Code Enforcement Board and 5 cities used a
combination of both.
City Manager Barlow identified there could be some benefit in being
able to expedite the cases through a Special Magistrate and some
benefit where a Special Magistrate could do Animal Control hearings as
well as some of the local violations the Police Department was
currently writing that were going to the Circuit Court, where the City
had to pay court fees . He further described the process with regard
to any amendments that may have to be made to existing ordinances .
Councilman Emter asked what some of the technical differences were
between a Special Magistrate and the way it operates right now. City
Attorney Wolfe identified he would be able to provide a better
overview of the differences either at a workshop or their next
meeting.
There was further discussion regarding a Special Magistrate operating
alone as opposed to the Code Enforcement Board being more than one
person. City Manager Barlow further described a Special Magistrate
was an attorney that would be contracted out. He also pointed out
previous City Attorney Carolyn Ansay was a Special Magistrate in a
couple cities . Vice Mayor Ignasiak commented on them being popular
down south.
City Manager Barlow informed Council if it was something they wanted
to know more about he would research it further.
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Council Regular Meeting
April 1, 2013
Councilwoman Power asked who was in charge of the Board in the
meantime. City Manager Barlow informed her they didn' t have an
attorney overseeing the Board but they still had the Board so the Vice
Chair would step up in that position in the absence of the Chair. He
felt if they wanted to consider making that transition or any
modifications now would be the time to consider that.
There was then a discussion regarding when the Attorney was used for
the Code Enforcement Board meetings .
City Manager Barlow informed Council they had two full-time Code
Enforcement Officers and a handful of volunteers as well . They had
Code Enforcement on seven days a week.
It was the consensus of Council to explore their options .
City Manager Barlow then commented on a CRA Board training regarding
CRA Board responsibilities scheduled for May 18th. He asked the
Council to let Janet know by tomorrow if they wanted to attend.
There was a discussion regarding there being two more sessions
scheduled in June . City Manager Barlow suggested they send him as the
test to say whether it was worth driving to Mt. Dora or Jacksonville .
The Council felt that was a good idea.
There was then a discussion regarding training that was occurring in
Emmitsburg, Maryland that was going to be tailored for Volusia County.
They had multiple people attending from the City.
City Manager Barlow informed Council of the Employee Appreciation
Luncheon on April 17th at 11 : 30 a.m. at the Wastewater Maintenance
Collections building. The City Council and Directors would be serving
the employees this year.
12. CITIZEN COMMENTS
There were no Citizen Comments at this time.
13. ADJOURNMENT
There being no further business to discuss, Councilman Emter moved to
adjourn. The meeting adjourned at 7 :21 p.m.
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Council Regular Meeting
April 1, 2013
Minutes submitted by:
Lisa Bloomer, CMC
Attest: APPROVED:
City of Edgewater, orida
r-'\\(\
Air
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Bonnie Wenzel, City Clerk Mi ael L. Thomas, Mayor
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Council Regular Meeting
April 1, 2013
Presentation to the ' )_.
° i_ City of Edgewater,Florida taismaal Auditors' Report
%E DGE' ! Annual Audit for the Year Ended i
i .i September 30,2012 Unqualified Opinion(pages 1-2)
Internal Control Over Financial Reporting(pages 106—
107)
Presented by No Material Weaknesses(1 in prior year comments)
i .. �' James Hsea an,CPA Two Significant Deficiencies(3 in prior year comments)
ryt'k"'- T s; • Information Technolo (Repeat)
• Accounts and Retainage Payable l i,°"
,,.. , '- AI James Moore ` ""
■
1 1 Auditors' Report 0=532, Auditors' Report
Compliance and other matters(Page 106-107) Management Letter required by Auditor General
• No Comments (pages 108-109)
• 4 comments in the prior year and corrective action
Federal Single Audit on Compliance(pages 104-105) taken on 3 of them
• One major program Sidewalks on US 1 and 30th St • 1 modified and/or repeated 2011-08
• Compliance—No Comments • Two new suggestion 2012-02 and 2012-03
• Internal Control over Compliance—No Comments
m.„i^ '',111,1';',0' A „ m ,,wyy --rw
i. ,( - ,..4. Rey -y---, w
• I_ -
i Auditors' Comments Financial Health
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i
2009 2010 2011 2012 • Overall Financial Health
Material 3 3 1 0 • Overall financial condition assessment is Inconclusive
Weaknesses (Average).
Significant 4 1 3 2
Deficiencies
Single Audit 0 1 1 0
Compliance m: ; ,
Suggestions 14 13 6 3 .
1
1l Changes This Year a Changes This Year
• Decrease in unassigned general fund balance of$1.25 • Pension plan's investment earnings(loss)$4.5M-2012,
million primarily due to$100K designation increase for city ($143K)loss-2011,$2.3 million earnings-2010.
hall and planned use of fund balance. However,a loss of($501K)-2009 and($4.1M)-2008.
• $906K decrease in capital projects fund balance due to • Governmental Activities:
completion of new Fire Station - Property Taxes decreased$790K
• Decrease in water/sewer unrestricted net assets of$583K. - Capital grants/contributions increased$280K
Restricted for capital projects decreased$238K. - Expenses decreased$1.1M
Restricted for debt service increased$609K
• Business Type
• Refuse fund unrestricted net assets decreased by$66K. - Charges for Services increased by$116k „ „
• Stormwater unrestricted net assets increased by$376K. - Capital Grants/contributions decreased by$1.2M
- Expenses approximatelythe same
1 h Where You're At Today 1... 1 Where You're At Today
FY12 FY11
General Fund
General fund unassigned fund balance $ 2,452,923 $3,702,417 carry Forward
FY12 Budgeted expenditures $12,207,802 $12,207,802 and Available
I
As a%of expenditures 20% 30%
Unassigned Fund Balance at 9/30/12 $ 2,452,923
t _—''
GFOA recommends at a • , "" charter Reserve (2,000,000)
minimum of 17%or 2 months.
RI.D.note repayment (337,018)
City's Charter requires minimum
of 15%and maximum 25%. Fund balance carry forward 9/30/12 $ 115.905
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