05-06-2013 - Regular CL
CITY COUNCIL OF EDGEWATER
REGULAR MEETING
May 6, 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: 13 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
Councilwoman Gigi Bennington
Councilman Michael Ignasiak
Councilman Gene Emter
City Manager Tracey Barlow
City Clerk Bonnie Wenzel
City Attorney Aaron Wolfe
Absent None
2. APPROVAL OF MINUTES
a. Regular Meeting of April 1, 2013
Minutes LLI
Councilman Gene Emter moved to approve the April 1, 2013 Regular
Meeting minutes, 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
3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS
a. Mayor to proclaim May 5 - 11, 2013 as Municipal Clerks Week
Proclamation
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Council Regular Meeting
May 6, 2013
Mayor Thomas read a proclamation declaring May 5 - 11, 2013 as
Municipal Clerks Week.
Mayor Thomas thanked City Clerk Wenzel for the work she does .
b. Mayor to proclaim May 19 - 25, 2013 as National Public
Works Week
Proclamation
Mayor Thomas read a proclamation declaring May 19 - 25, 2013 as
National Public Works Week.
Mayor Thomas spoke of riding with the Solid Waste employees when he
first became Mayor and further expressed his appreciation.
c. Fire Chief Cousins to do a presentation on the "mock crash"
program recently done at New Smyrna Beach High School
Agenda Item
Mayor Thomas mentioned the "mock crash" being done around the same
time as the prom.
Fire Chief Cousins commented on the relationship the Edgewater Fire
Department has with the New Smyrna Fire Department by identifying
programs they have worked together on within the High School .
Fire Chief Cousins further commented on the "mock crash" and "ghost
out" program they had been alternating doing for several years .
Lieutenant Dennis Meeske presented a history and further commented on
the "mock crash" and "ghost out" programs . He then thanked and
recognized the local businesses that helped out. He also thanked and
expressed his appreciation to Robert Burns, who was one of the
narrators . He then recognized Kayla Frates, who was a special guest
speaker as she had lost her mother to a drunk driving accident back in
2009. He also recognized her grandmother, Personnel Director Donna
Looney. He thanked the New Smyrna Beach Fire Department, the Edgewater
and New Smyrna Beach Police Departments, Captain Jill Danigel and
Captain Jeff Lariscy. He also thanked everybody, including his crew,
for their hard work. He also expressed his appreciation to Kathleen
Zoise, who taught the Medical Academy at NSB High School .
City Manager Barlow further commented on the speech given by Kayla
Frates to the entire senior class .
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The video of the "mock crash" was played at this time, which was
created by Madison McAllister who was a New Smyrna Beach High School
student and could be viewed at www.youtube.com/watch?v=nvtpSt2urSQ.
Fire Chief Cousins spoke of the importance of getting out in the
community and interacting with the school was very important as half
to three quarters of the Fire Department employees were New Smyrna
Beach graduates .
Fire Chief Cousins informed Council the New Smyrna Beach High School
nominated the New Smyrna Beach and Edgewater Fire Departments for the
Volusia Flagler County United Way Citizen Volunteer of the Year
Organization award.
New Smyrna Beach Fire Chief McAllister identified they had received
runner-up. He then recognized Jim Tager, New Smyrna Beach High School
Principal, by presenting him with the United Way' s award that they had
received.
Mr. Tager thanked the City of Edgewater and expressed his appreciation
for what the City does for the High School . He was happy to live in a
place where the community cares about their 1, 877 high school
students. He further commented on the cities working together and the
type of collaboration and cooperation there was .
Chief McAllister spoke of cost sharing Captain Jeff Lariscy' s services
as the Fire Marshal in New Smyrna Beach. He presented Captain Lariscy
with a Commendation for his involvement with the family, victims and
folks involved, even within their department, as a result of a
structure fire that occurred at 304 Conrad Drive on July 27, 2012
where there was a fatality of a child.
Councilman Emter mentioned being associated with a school that also
did the "mock crash" program and that it was one of the most awe
inspiring programs for kids to go through.
City Manager Barlow recognized Dave McAllister, Sr. who was one of the
founding fathers of the Edgewater Fire Department, who was in the
audience. Mayor Thomas asked Mr. McAllister to stand.
4. CITIZEN COMMENTS
The following citizen spoke:
Keitha Campbell & Bob Kissell, 2118 S. Riverside Drive, who had lived
in Edgewater for 15 years, spoke of an on-going issue in their
neighborhood with a barking dog since October 2011 . She spoke of
Captain Lariscy being a God send in seeing both sides of the story and
trying to get it resolved. The Police Department Animal Control
Officer Dail had recommended they use a bark collar, which they had
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May 6, 2013
been using but she felt it may be difficult for them to apply it
properly and make sure it was being maintained properly but she hoped
that was being taken care of at this time. Since October 2011, 23
officers had responded to this problem, 16 had heard the dog and they
had now received 6 citations and Code Enforcement had just enforced a
Code Enforcement violation. There was confusion as to who could issue
the animal complaint citation but that had been resolved.
5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA
City Manager Barlow informed Council he was pulling Item 7E from the
Consent Agenda to discuss after the rest of the Consent Agenda was
approved and adding Item 10C which was the US 1 Landscape and
Irrigation Contract.
City Clerk Wenzel informed Council the agenda request for the US 1
Landscape and Irrigation Contract was in their green folders .
6. CITY COUNCIL REPORTS
Councilwoman Bennington had nothing at this time.
Councilman Ignasiak reported on attending the YMCA Directors Meeting
in Daytona as well as the regular YMCA Directors Meeting in Edgewater.
He also attended several Chamber events over the last two months . The
two events he enjoyed the most were the Employee Picnic and the
Volunteer Luncheon at the YMCA.
Councilman Emter spoke of he and City Manager Barlow meeting with
Joshua Wagner and Pat Northey from the County Council regarding the
CRA. He felt they were looking forward to the approval of the City' s
application, which City Manager Barlow informed him they should have
in a couple of weeks .
Councilman Emter then reported on attending the Edgewater Landing HOA
meeting, where the Education Committee was putting together a program
on disaster preparedness for the residents in Edgewater Landing, which
he felt was needed. They were going to talk to Fire Chief Cousins
about participating.
Councilman Emter then reported on the TPO meeting and the topic of the
I-95 interchange at Pioneer Trail coming up as a discussion item,
which he was asked to get feedback from Council on, with it being the
responsibility of the TPO to either support it or not.
Councilman Emter echoed Councilman Ignasiak' s comments on the Employee
Picnic.
Councilwoman Power commented on the good food that was served at the
Volunteer Luncheon at the YMCA.
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Mayor Thomas attended the Employee Picnic and the Volunteer Luncheon
at the YMCA. He further reported on the VCOG meeting he attended.
Mayor Thomas mentioned a letter he signed, written by City Manager
Barlow, with regard to the CRA that was sent to County Council
Chairman Jason Davis . He disclosed he had received a response from
him today.
Mayor Thomas opened up the discussion on the I-95 interchange at
Pioneer Trail . He felt they didn't have a dog in the fight and
identified New Smyrna didn't want it and Port Orange did.
Councilwoman Power wouldn't want it if she lived on Pioneer Trail
because of the traffic increase. Looking ahead at the potential
residential growth it probably wasn't a bad thing. If it wasn't on
the list then it couldn't be entertained but she felt it should be on
the list.
Councilwoman Bennington didn't have an opinion.
Councilman Ignasiak agreed and felt this wasn't their issue or fight
and should be decided by the municipality and people it affected.
Councilwoman Power identified it interested her because she uses
Pioneer Trail on a weekly basis but she felt what she had to say
shouldn't color what they decide.
Councilman Emter pointed out another issue that had been raised was
the fact that it was roughly 2 1/2 to 3 miles between two
interchanges . He further spoke of the question of need coming up as
well as the political involvements with the developer.
Councilman Emter asked if he was hearing the Council saying they
didn't have a strong feeling one way or another. Councilman Ignasiak
felt it wasn' t their fight.
Attorney Glenn Storch, Law firm of Storch & Harris, commented on the
influence an I-95 interchange at Pioneer Trail would have on Edgewater
as it related to how SR 442 and Maytown Road would be affected.
Councilman Emter spoke of the other issue with regard to the
development of Williamson Boulevard.
Attorney Storch confirmed this would have an impact on Williamson
Boulevard and the extension of Williamson Boulevard as a north/south
corridor.
Councilman Emter was to report back to the TPO at their next meeting
which he thought was on the 23rd. Mayor Thomas didn' t want to take a
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side on a whim as Port Orange was for it and New Smyrna was against it
and Edgewater had a good relationship with both cities .
City Manager Barlow felt it was a delicate situation based on
relationships the City has with the neighboring jurisdictions that are
at opposite ends of that spectrum. Attorney Storch pointed out the
vote in New Smyrna was 2 for and 2 against so they really hadn' t taken
a position one way or the other.
Councilwoman Bennington felt if New Smyrna hadn't made a decision then
she couldn't see how they could make a decision.
Mayor Thomas wanted more time.
Councilwoman Power felt whether they said they were for it or against,
if it wasn't even on the TPO' s list of a possibility then the decision
was moot. Councilman Emter pointed out this was prior to the
determination as to whether it will go on the list. Its purpose was
to bring it up as an amendment to go on the list.
Councilman Ignasiak stated philosophically he had an issue with
determining what was going on in his neighbor' s backyard.
Mayor Thomas suggested they wait to see what New Smyrna does .
Councilman Ignasiak and Councilwoman Bennington agreed.
7. CONSENT AGENDA
a. Request for approval of Addendum #4 for the Lawn
Maintenance Services Agreement with Glencoe Lawns, Inc. to
extend the term until April 19, 2013 and authorization for
the City Manager to execute the document
Agenda Request "'
b. Request for authorization for the City Manager to renew the
contract with James Moore & Company for Independent Audit
Services
Agenda Request
c. Request for authorization for the City Manager to execute
the CDBG Program FY 2013/2014 Proposed Annual Plan
Agenda Request L
d. Request to award the Lift Station #1 Refurbishment Contract
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to Danus Utilities and Authorize the City Manager to
execute the contract and all related Budget Amendments
Agenda Request
e. Authorization to enter into an agreement to sell vacant
property located at 3020 Lime Tree Drive for an amount of
$11, 500
Agenda Request
Councilman Michael Ignasiak moved to approve the Consent Agenda with
the items listed other than the one that was pulled, 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
City Manager Barlow made a staff presentation regarding Item 7E.
There was further discussion regarding a contract that was pulled
because the buyer didn't want to pay the closing costs .
City Manager Barlow needed direction and suggested Council set a
bottom figure that they could authorize him to accept a good contract
to bring back to them. He further commented on having just shy of
$10, 000 in out of pocket expenses into the property.
City Manager Barlow informed Council the prior owner kept coming back
to the property and they wanted to get a house on the property to
increase the value and receive additional ad valorem taxes and
establish a utility customer.
The property was estimated to be worth between $10, 000 and $12, 000 .
The realtor gets 5%, which City Manager Barlow advised he would try to
negotiate a reduction if it was a crunch into the minimum figure
Council provided him. The property is not a cleared lot.
There was further discussion regarding this being an interesting case
as the previous owner doesn't believe the City owns the property.
Councilman Ignasiak felt they should at least look to cover the out of
pocket costs . Councilwoman Bennington felt they should include what
it would cost to sell it too. She didn't feel $11, 500 was excessive.
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It was the consensus of Council that the $11, 500 was an acceptable
amount.
8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
a. 2nd 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
Agenda Request LI
City Attorney Wolfe read Ordinance 2013-0-02 into the record.
City Manager Barlow made a staff presentation.
Due to there being no Council or public comments, Mayor Thomas opened
and closed the public hearing and entertained a motion.
Councilwoman Gigi Bennington moved to approve Ordinance No. 2013-0-02,
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. 2nd Reading - Ordinance No. 2013-0-01 : Storch & Harris,
LLC, 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.
Councilwoman Bennington confirmed that by passing the previous
ordinance that they were allowed to annex residential and City Manager
Barlow informed her there were other State Statute requirements that
still had to be met.
Attorney Glenn Storch, Storch & Harris, briefly commented on this
being a smart thing to do.
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There was also discussion regarding this property being located
outside of the hammock.
Attorney Storch informed Council they would be back with the Comp Plan
and Rezoning so they could see exactly what they were doing.
Councilwoman Bennington expressed concern with creating an enclave,
which City Manager Barlow confirmed they were not.
Councilman Emter asked about the properties on either side of this
being interested annexation. City Manager Barlow informed him the
only active conversation regarding additional annexation was closer to
the I-95 & SR 442 interchange, which he believed they had already
received application for.
Attorney Storch informed the Council the City of New Smyrna Beach just
entered into its JPA with the County to allow them to start absorbing
the enclaves . They also had a policy where they allow people to annex
without payment for the annexation request.
Mayor Thomas opened the public hearing and asked for public comment.
Councilwoman Bennington asked Attorney Storch if he could represent
the people that were abutting that property and try to get them to
annex. Attorney Storch informed her ethically he could not go out and
ask for clients . City Manager Barlow commented on this being a
balancing act and further identified New Smyrna' s millage rate was
considerably lower than Edgewater' s . He could not in good conscience
in this tough economic time try to motivate annexations knowing it
would cost them more in their pocket. They may get a better level of
service in certain areas, which may mean the difference to someone.
They were coming out of the recession and until he could come closer
and be more competitive on the taxes it was hard to ask someone to
annex but he felt they were getting closer every year.
Due to there being no further Council or public comment, Mayor Thomas
closed the public hearing and entertained a motion.
Councilwoman Christine Power moved to approve Ordinance No. 2013-0-01,
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
c. 1st Reading - Ordinance No. 2013-0-04 : Storch & Harris,
LLC, requesting an amendment to the Official Zoning Map to
include 877 . 5± acres of land located at the southwest
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corner of Interstate 95 and State Road 442 as Mixed Use
Planned Unit Development (MUPUD)
Agenda Request -
City Attorney Wolfe read Ordinance 2013-0-04 into the record.
City Manager Barlow made a staff presentation.
Attorney Glenn Storch, Storch & Harris, identified this presented some
challenges . Miami Corporation and Swallowtail Subsidiary were not
developers and from a tax standpoint could not be developers, which
created some issues . He spoke of wanting to encourage the development
of this site because they consider it the future of Edgewater. He
further commented on this being something special.
Attorney Storch confirmed construction would start as soon as somebody
wanted to come in and buy it or buy a piece of it and start
construction consistent with the plan they have come up with. They
believed something needed to be done soon. He identified most of
Farmton could not be done until 2025 but this piece of property was
totally separate. He further commented on the Pavilion in Port Orange
being at buildout and Port Orange being at commercial buildout in that
area. He mentioned New Smyrna getting ready to explode as far as some
of the commercial areas there. He pointed out when one thing happens
it makes other things happen.
Due to there being no Council or public comments, Mayor Thomas
entertained a motion.
Councilman Michael Ignasiak moved to approve Ordinance No. 2013-0-04,
second by Councilwoman Gigi Bennington.
The MOTION CARRIED 4-0-1.
Yes Councilman Gene Emter, Councilman Michael Ignasiak,
Councilwoman Christine Power, Councilwoman Gigi Bennington
No None
Abstain Mayor Michael Thomas
d. Resolution No. 2013-R-08 : A Resolution authorizing ICMA-RC
to administer a Section 401 Money Purchase Retirement Plan
(Plan #106890)
otakN
Agenda Request '
City Attorney Wolfe read Resolution 2013-R-08 into the record.
City Manager Barlow made a staff presentation.
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Due to there being no Council or public comments, Mayor Thomas
entertained a motion.
Councilwoman Gigi Bennington moved to approve Resolution No. 2013-R-
08, 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-09: A Resolution supporting the
efforts of Space Florida to create a commercial space port
Agenda Request
City Attorney Wolfe read Resolution 2013-R-09 into the record.
City Manager Barlow made a staff presentation.
Mayor Thomas, Councilman Emter and Councilwoman Bennington expressed
support with the effort to create a commercial space port.
Mayor Thomas asked for public comments .
The following citizen spoke:
Agnes Witter, 223 Flagler Avenue, mentioned going to Space Florida' s
website and identified they were looking for everyone to support it
but they haven' t given them a good solid amount of information for
them to base an informed consent with. She commented on an article in
the Popular Mechanics magazine in March regarding this . She mentioned
property that had been purchased in Texas and identified they
manufacture their hardware in-house. She couldn't see them abandoning
their crew to come here and train new people to do the job. She also
identified they manufactured horizontally and that the launch process
was totally different than what they are used to now. She mentioned
they had a booster refurbishing facility but she wasn't sure if they
were going to relocate that here. They have been told it would create
1, 500 to 2, 000 jobs but specifically addressing Space X but she didn' t
see proof of that. There were other facilities at KSC that would be
used by other companies that do satellite launching and one other
company may do the ISS launch. She expressed concern with the Indian
River and the Lagoon surrounding this property. She spoke of the
roads being closed to motor vehicles from November 1st through
February 15th to allow the water fowl to be able to nest and lay their
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eggs . They didn't want any traffic in there that was going to disturb
them.
Councilwoman Bennington further commented on needing additional
personnel when they have launches and that it wasn' t just the
manufacturing. Mayor Thomas pointed out they had to build a structure
first which would be a lot of jobs . Councilwoman Bennington didn' t
see where they could go wrong supporting this at this point. She felt
anything that had to do with space and the water right now was
Edgewater' s key. She would rather have it here than in Texas .
Mayor Thomas didn't think it would hurt anything.
Due there being no further comments, Mayor Thomas entertained a
motion.
Councilman Gene Enter moved to approve Resolution No. 2013-R-09,
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
9. BOARD APPOINTMENTS
a. Firefighters ' Pension Board - Councilwoman Power' s
appointment due to a vacancy created by Deborah Harrison,
whose term expired on August 18, 2012
Agenda Request
Councilwoman Christine Power moved to approve the appointment of Scott
Hopkins to the Edgewater Firefighter's Pension Board, 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
b. School Scholarship Committee - Councilman Emter' s
appointment due to the expired term of Vance Smith, who is
seeking reappointment
Agenda Request
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Councilman Michael Ignasiak moved to approve the reappointment of
Vance Smith to the School Scholarship Committee, 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
c. School Scholarship Committee - Mayor Thomas ' appointment
due to the expired term of Justin Kennedy, who is seeking
reappointment
Agenda Request
Mayor Thomas nominated Justin Kennedy to be reappointed to the School
Scholarship Committee.
Councilwoman Gigi Bennington moved to approve the reappointment of
Justin Kennedy to the School Scholarship Committee, 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
d. Citizen Code Enforcement Board - Councilwoman Power' s
appointment due to the expired term of Sherry Lester, who
is seeking reappointment
Agenda Request
Councilwoman Christine Power moved to approve the reappointment of
Sherry Lester to the Citizen Code Enforcement Board, 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
e. Citizen Code Enforcement Board - Councilwoman Bennington' s
appointment due to the expired term of Ben Wagner, who is
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Council Regular Meeting
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seeking reappointment
Agenda Request '
Councilwoman Gigi Bennington moved to approve the reappointment of Ben
Wagner to the Citizen Code Enforcement Board, 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. Planning & Zoning Board - Councilman Emter' s appointment
due to the expired term of Robert McIntosh, who is seeking
reappointment
Agenda Request
Councilman Gene Emter moved to approve the reappointment of Robert
McIntosh to the Planning & Zoning Board, 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. Planning & Zoning Board - Councilwoman Power' s appointment
due to the expired term of Jean Kayat, who is seeking
reappointment
Agenda Request ',
Councilwoman Christine Power moved to approve the reappointment of
Jean Kayat to the Planning & Zoning Board, 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
10. OTHER BUSINESS
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a. Approval of Change Order No. 4 for final completion of the
30th Street Sidewalk Project in the amount of $39, 375 and
authorization for the City Manager to execute the Change
Order and amend the budget with funds allocated for the
Lime Tree Sidewalk Project
Agenda Request
.;
City Manager Barlow made a staff presentation.
There was a discussion regarding $43, 500 being budgeted and not being
able to do the Lime Tree Sidewalk Project for that amount and not
being able to resolve the right-of-way issues by the end of this year.
They weren' t able to move forward with this project and would have to
go back to the drawing board.
There was a discussion regarding the $39, 375 being negotiated down
from $51, 000 .
Councilman Emter spoke of being bothered by this as he felt the prior
investigation of this was obviously flawed. He spoke of the amount of
unknown obstructions and felt a competent pre-construction crew would
have come through there and been able to identify those. He hoped in
the future this kind of thing didn't happen or that they would have
recourse against the level of competence. City Manager Barlow
explained how some of that occurs by identifying it was a very
competitive area and that a lot of people were not bidding those
contingencies on the construction side. He spoke of the City trying
to get the best deal as well . He also identified it as being a
challenging area with all of the stormwater structures that go through
Florida Shores and transverse 30th Street. He spoke of the City not
having the best infrastructure maps and the effort being made to get
more of those electronically. They could put more money up front to
get better surveys and more comprehensive engineering reports or
survey reports prior to the bid but they would pay that difference up
front versus if they just get into the project. He felt it would get
better once the economy improves .
Councilman Emter would rather spend the money up front to do a good
job which he felt would simplify the project, they would get a better
product in the end and it would make it easier to manage. City
Manager Barlow felt it would make it easier but not necessarily more
efficient.
Councilwoman Bennington commented on how old the area was and taking
into account they would have problems but once they get into the
project there are things that come up that they hadn' t even thought
about.
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Councilman Emter and Councilwoman Bennington didn' t like to see change
orders on project like this .
Councilman Ignasiak hadn't seen a project come in yet under budget and
under the time table. He was comfortable with using the money
budgeted for the Lime Tree Sidewalk Project.
Councilwoman Power questioned $43, 500 not being enough for the Lime
Tree Sidewalk Project, which City Manager Barlow explained.
Councilwoman Power mentioned the infrastructure maps being an issue
and confirmed they were a work in progress which she felt was
important going forward.
Councilwoman Power identified if they pay money up front for a study
they probably would have eaten up half of the money budgeted and they
still would have found they would have to do this much more work
anyway. She questioned if it would change how it had to go. City
Manager Barlow explained it wouldn't have changed the outcome and
would have been a higher bid up front.
Due to there being no further Council or public comment, Mayor Thomas
entertained a motion.
Councilwoman Gigi Bennington moved to approve Change Order No. 4 for
final completion of the 30th Street Sidewalk Project in the amount of
$39,375 and authorization for the City Manager to execute the Change
Order and amend the budget with funds allocated for the Lime Tree
Sidewalk Project, 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. Selection of the winner of the "Name the Park" Contest for
the park being constructed at the corner of 10th Street and
Ridgewood Avenue in a joint venture with Volusia County
Agenda Request —
City Manager Barlow made a staff presentation. The top three names
selected were Indian River Park, Gateway Park and City Line Park.
Councilman Emter liked Gateway Park or City Line Park.
Mayor Thomas liked Gateway Park.
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May 6, 2013
Councilman Ignasiak liked Indian River Park.
Councilwoman Bennington liked City Line Park.
Councilwoman Power liked Gateway Park.
It was the consensus of Council to choose the name "Gateway Park. "
City Manager Barlow identified two people had provided that name so
they would be providing a $50 savings bond to each of the winners .
c. Approval of the Contractor for the US Highway 1 Median
Irrigation & Landscaping Contract for IFB #13-ES-005
Agenda Request
This item was previously added to the agenda under Item 5.
City Manager Barlow made a staff presentation. He identified this was
the second time they bid this out as a result of having to make minor
changes in order to bring the cost down. He informed Council they had
already been told there could be some additional cost savings and that
if the contractor was awarded the bid he would work with them on it.
He further spoke of the medians giving them another discharge area for
the reclaimed water, which would lessen how much they discharge into
the Indian River. He further spoke of the medians being changed from
potable water to reclaimed water from where Riverside Drive comes out
onto U. S. #1 to one block north of Park Avenue. The Council
authorized a contract to put the lines across U.S. #1 a couple of
meetings ago. He felt this project would make a remarkable difference
on the core of U. S. #1 from one block north of Park Avenue south to
the area of Edgewater Garage and that this was a huge step forward for
Edgewater.
There was a discussion regarding the $107, 000 being taken from
Wastewater and that these were undesignated funds for future projects .
Councilwoman Power thought the irrigation piping was being done by
FDOT. City Manager Barlow informed her FDOT was adding sleeves so the
City could put the irrigation piping in there.
City Manager Barlow further explained they were hoping FDOT was still
going to honor their commitment and that the City still qualified for
a $30, 000 grant for bold initiatives, which was larger landscaping.
The first plan the City submitted to FDOT was approved but the plan
had changed in an effort to bring the cost down. The new plan had
been sent to FDOT for the $30, 000 but it hadn't gone through the right
channels yet. That could be another revenue stream he was working on.
17
Council Regular Meeting
May 6, 2013
Due to there being no further Council or public comment, Mayor Thomas
entertained a motion.
Councilman Gene Emter moved to approve the Contractor for the US
Highway 1 Median Irrigation & Landscaping Contract for IFB #13-ES-005
and the necessary budget amendment, second by Councilwoman Christine
Power.
The MOTION APPROVED 5 - 0.
Yes Mayor Michael Thomas, Councilwoman Christine Power,
Councilwoman Gigi Bennington, Councilman Michael Ignasiak,
Councilman Gene Emter
11. OFFICER REPORTS
a. City Clerk
City Clerk Wenzel asked Council to let her know by Friday if they were
attending the Volusia League of Cities dinner on May 30th and how many
would be attending. City Manager Barlow reminded Council there was a
citizen that would be recognized at this dinner as well .
Councilwoman Power asked if the Scholarship award was on May 31st.
City Manager Barlow informed her the Scholarship award was at the High
School on May 30th. Councilwoman Power informed City Clerk Wenzel she
would not be going to the Volusia League of Cities dinner.
b. City Attorney
City Attorney Wolfe had nothing at this time.
c. City Manager
City Manager Barlow commented on the letter received from Volusia
County Council Chairman Jason Davis on the CRA' s .
City Manager Barlow commented on an editorial in Sunday' s newspaper by
County Councilwoman Pat Northey about the ECHO program. On May 23rd
there was going to be a workshop at the Atlantic Center of Arts at the
north end of New Smyrna. He encouraged Council to attend. They had a
lot at stake with the ECHO program as there had been a lot of focus on
the trail which the City could benefit from.
Councilwoman Power questioned it being held off through the end of the
year. City Manager Barlow identified they were trying to figure out
where to go forward and informed Council they wanted input.
18
Council Regular Meeting
May 6, 2013
City Manager Barlow recognized a picture which included
representatives from the City that attended the ribbon cutting for the
segment of the trail on the west side.
City Manager Barlow referred to a Tax Analysis history from 2002 .
They were getting ready to go into budget season and staff was already
working on trying to put budgets together. He did a comparison from
their best taxable value year with their best tax levy year of 2008
and compared it to where they were in 2013 . There was a small
reduction in population. They had seen about a 50% reduction in their
taxable value and a 41%reduction in their tax levy. They had
decreased the General Fund budget by 12% . The General Fund debt had
been reduced 59% since 2008 but they have had to increase their
millage rate by 25% . He then reminded Council the budget
stabilization fund was depleted when they settled this year' s budget.
They were going to have a tough budget year going forward. They were
one of three last year that had a property value appreciation but it
was only 1 . 3% and they had a big gap to fill . They had scheduled
budget workshops going forward but felt they may need to add a couple
more so they could really strategize this . He had confidence in staff
that collectively they were going to do everything they possibly could
to get the budget balanced before getting into some drastic thoughts .
City Manager Barlow spoke of being proud of Edgewater and commented on
looking at where it was important to invest funds for the betterment
of the community and get a return on those investments .
City Manager Barlow mentioned the survey that was sent out to all of
the employees, which asked what some of the initiatives were that they
would be interested in that they could be fair for the employees to
retire early, if they needed to freeze positions or replace positions
with entry level people. He, the Personnel Director and the Finance
Director were meeting once a week where they continue to strategize
and continue to crunch the numbers and look at those initiatives going
forward.
Mayor Thomas commented on attending the ribbon cutting at The Sweet
Boutique on Park Avenue. He spoke of the problems the owner had
developing the property because of the City' s Land Development codes .
City Manager Barlow worked with the owner and was able to make
everything all better. He felt they needed to focus on this because
this was in the vision of making Park Avenue like Canal Street. They
needed to make future arrangements for the Redevelopment Code .
City Manager Barlow mentioned the Land Development Code being a
challenge and when they get into redevelopment they really have to be
creative. In staff' s defense they adopt the Land Development Code
under staff' s direction and give them parameters to work within.
Council gives him a little more latitude to be a little more flexible
and direct staff.
19
Council Regular Meeting
May 6, 2013
Councilman Emter spoke of attending the Institute for Elected
Municipal Officials last weekend and informed Council he had provided
them with copies .
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 8 : 14 p.m.
Minutes submitted by:
Lisa Bloomer, CMC
Attest: APPROVED:
City of Edgewater, - orida
(6CANCLLALUAY
Bonnie Wenzel, City Clerk Michael L. Thomas, Mayor
20
Council Regular Meeting
May 6, 2013
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME-FIRST NAME-MIDDLE NAME NAME 0F0 COUNCIL,�CIOMMISSION,c HQ ,OR�OMM C i `
/ iyl O ►`�'�Q , , ,r C�].� G�1,2 � �. C '71,��-r.� 71` I
M'IL1G ADDRESS C I t I 'Y, { 1 VVH THE CHI SERVE IS A UNIT OFMISSION,AUTHORITY OR COMMITTEE ON
CITY or'` li COUNTY V TY El COUNTY ❑OTHER LOCAL AGENCY
VU S j � - NAME OF POLITICAL SUBDIVISION:
DATE ON WHICHJVOTE OCCURRED
Or) QH ) J C ) ij MY POSITION IS: LECTIVE El APPOINTIVE
JLI�k
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting
conflict of interest under Section 112.3143, Florida Statutes.
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before
completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea-
sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the
parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or
to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or
163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that
capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A"business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation
are not listed on any national or regional stock exchange).
* * * * * * * * * * * * * * * *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you
are abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min-
utes of the meeting,who should incorporate the form in the minutes.
* * * * * * * * * * * * * * * *
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you
must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made
by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the
minutes of the meeting,who will incorporate the form in the minutes. (Continued on other side)
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST 1
I ` (\C-3 MCt3 , hereby disclose that on ('r\6 , 20 k3
(a)A measure came or will come before my agency which(check one)
' Esc ios ire /2.--Q 1\
af inured to my special private gain or loss; 5C add 1 C
inured to the special gain or loss of my business associate, •
inured to the special gain or loss of my relative,
inured to the special gain or loss of , by
whom I am retained; or
inured to the special gain or loss of ,which
is the parent organization or subsidiary of a principal which has retained me.
(b)The measure before my agency and the nature of my conflicting interest in the measure is as follows:
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Date Filed ( 3 Sign.tu e
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED$10,000.
CE FORM 8B-EFF.1/2000 PAGE 2