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10-15-2012 - Regular CITY COUNCIL OF EDGEWATER REGULAR MEETING October 15, 2012 6:00 P.M. COUNCIL CHAMBERS MINUTES 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION Mayor Thomas called the Regular Meeting to order at 6: 00 p.m. in the Council Chambers . Present Councilman Gene Emter Councilman Michael Ignasiak Councilman Justin Kennedy Mayor Michael Thomas City Manager Tracey Barlow City Clerk Bonnie Wenzel City Attorney Aaron Wolfe Excused Councilwoman Gigi Bennington There was a silent invocation and pledge of allegiance to the Flag. 2 . APPROVAL OF MINUTES There were no Minutes to be approved at this time. 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS Mayor Thomas asked Janet Shira to come up and tell them about the herbs. Janet Shira, Economic Development/Special Events Coordinator, commented on the herbs that were taken from the Community Garden and offered them to anyone that wanted some. 4 . CITIZEN COMMENTS The following citizen spoke: Leon Garrity, Florida Shores, was wondering if they got the CO from the State of Florida for the project on 30th Street. City Manager Barlow informed him they had an extension and were trying to ratify some of the change orders that were associated with it but that they were close. There was a brief discussion regarding what the change orders were. 1 Council Regular Meeting October 15, 2012 Mr. Garrity then questioned what had changed that they were no longer allowed to bring palm fronds to the Public Works facility. Environmental Services Director Brenda Dewees identified they were now taking all of the yard debris directly to the landfill and would no longer have the pile at the facility anymore. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA There were no Changes/Modifications to the agenda. 6. CITY COUNCIL REPORTS Mayor Thomas reported that trick or treat would be from 5 : 00 p.m. until 9: 00 p.m. on Halloween night. Councilman Kennedy had nothing at this time. Councilman Ignasiak reported on attending the Chamber of Commerce Grand Re-opening. He also commented on the debris pickup being far superior to anywhere else he has ever lived. Mayor Thomas spoke of visiting the Chamber last week and the pamphlets they have about Edgewater. He also commented on the debris pickup. Councilman Emter spoke of attending the Chamber of Commerce Grand Re- opening and the TPO meeting. He also referred to a letter that was sent to MaryAnn Connors having to do with their request for a CRA. He asked the status of that which City Manager Barlow updated him on. Mayor Thomas recognized Carl Persis, who was running for County Chair who was in the audience. Mr. Persis spoke about CRA' s in response to Councilman Emter' s comments. He mentioned everything being pushed back until January because of the election. Councilman Emter commented on the need for a CRA in Edgewater in conjunction with the U.S. #1 corridor improvements. He further spoke of when it was presented to the TPO. Councilman Kennedy commented on applying for the CRA under the current County elected body and them having the power to make a decision on this now as opposed to what could be a significantly brand new Council. There was further discussion regarding this CRA only costing the County $7, 200. 7. CONSENT AGENDA 2 Council Regular Meeting October 15, 2012 There were no items to be discussed on the Consent Agenda at this time. 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 1st Reading - Ordinance No. 2012-0-11: An Ordinance repealing and restating Article II (Truck Routes) of Chapter 17 (Traffic) of the City of Edgewater Code of Ordinances Agenda Request - Ordinance No. 2012-0-11 City Attorney Wolfe read Ordinance 2012-0-11 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. Councilman Michael Ignasiak moved to approve Ordinance No. 2012-0-11, second by Councilman Gene Emter. The MOTION CARRIED 4-0-0. Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilman Justin Kennedy, Mayor Michael Thomas No None Abstain None b. Resolution No. 2012-R-19: A revision to the Resolution Number for the Purchasing Policy Agenda Request - Resolution No. 2012-R-19 City Attorney Wolfe read Resolution 2012-R-19 into the record. City Manager Barlow made a staff presentation. Due to there being no Council or public comments, Mayor Thomas entertained a motion. Councilman Gene Emter moved to approve Resolution No. 2012-R-19 Purchasing Policy so it complies with the Florida Statutes, second by Councilman Michael Ignasiak. The MOTION CARRIED 4-0-0. 3 Council Regular Meeting October 15, 2012 Yes Councilman Gene Emter, Councilman Michael Ignasiak, Councilman Justin Kennedy, Mayor Michael Thomas No None Abstain None 9. BOARD APPOINTMENTS a. Firefighters ' Pension Fund Board - City Council's affirmation of the election of Justin Nickels ' by fellow firefighters Agenda Request - Fire Pension Board - Justin Nickels Councilman Michael Ignasiak moved to approve affirmation of the election of Justin Nickels to the position on the Firefighters' Pension Fund Board, second by Councilman Justin Kennedy. The MOTION CARRIED 4-0-0. Yes Mayor Michael Thomas, Councilman Justin Kennedy, Councilman Michael Ignasiak, Councilman Gene Emter No None Abstain None b. Firefighters ' Pension Fund Board - Councilman Kennedy's appointment due to the expired term of Gary Butt, who is seeking reappointment. Agenda Request - Fire Pension Board - Gary Butt Councilman Justin Kennedy moved to approve the reappointment of Gary Butt to the Firefighters' Pension Fund Board, second by Councilman Gene Emter. The MOTION CARRIED 4-0-0. Yes Mayor Michael Thomas, Councilman Justin Kennedy, Councilman Michael Ignasiak, Councilman Gene Emter No None Abstain None 10. OTHER BUSINESS a. Lamara Barlow, representative for the New Smyrna Beach High School Band Booster Club, requesting the Special Activity Permit fee be waived for the "Mark Dresser, The Beat Goes On" memorial fundraiser 4 Council Regular Meeting October 15, 2012 Agenda Request - NSB High School Special Activity I City Manager Barlow made a staff presentation and disclosed he was not related to Lamara Barlow. Wallace Ferrera, Commander, American Legion Post #285, identified for Mayor Thomas that the Mark Dresser Benefit benefits the NSB High School Jazz Band uniform program. He further commented on the outstanding Code Violations at the American Legion. Fire Chief Cousins answered questions presented by Councilman Ignasiak with regard to the sign issue. He further commented on the other issues with regard to the landscaping, stage and dumpster issues. Councilman Ignasiak spoke of the American Legion being unable to comply due to financial reasons. City Manager Barlow informed him they would continue to work with the American Legion. Councilman Ignasiak further commented on the charity work the American Legion does . Mr. Ferrera and City Manager Barlow answered questions presented by Councilman Emter. It was determined if they couldn' t afford to lower the sign by removing it that would bring them into compliance. Councilman Kennedy agreed with Councilman Ignasiak and identified he would just take the sign down. He also spoke of it being difficult for commercial properties to maintain landscaping and keep it up to Code all the time. He spoke of other properties in Edgewater that are out of compliance with landscaping. He felt staff should continue to work with them. Due to there being no further comments, Mayor Thomas entertained a motion. Councilman Gene Emter moved to approve waiving the Special Activity Permit Fee of $300 for the Mark Dresser, The Beat Goes On Fundraiser, contingent upon final application approval by the City, second by Councilman Michael Ignasiak. The MOTION FAILED 0-4-0. Yes None No Mayor Michael Thomas, Councilman Justin Kennedy, Councilman Michael Ignasiak, Councilman Gene Emter Abstain None Councilman Justin Kennedy moved to approve waiving the Special Activity Permit Fee for the American Legion for the "Mark Dresser, The 5 Council Regular Meeting October 15, 2012 Beat Goes On" memorial fundraiser, second by Councilman Michael Ignasiak. The MOTION CARRIED 4-0-0. Yes Mayor Michael Thomas, Councilman Justin Kennedy, Councilman Michael Ignasiak, Councilman Gene Emter No None Abstain None b. Request for approval of the Letter of Intent, approving the participation in the Southeast Volusia Corridor Improvement Coalition and to authorize the City Manger to execute a Partnership Agreement (Memorandum of Agreement) after review by the City Attorney and City Manager Agenda Request - SEV Corridor Coalition I City Manager Barlow made a staff presentation. City Manager Barlow answered questions and addressed concerns presented by Councilman Ignasiak and Councilman Emter. Due to there being no further comments, Mayor Thomas entertained a motion. Councilman Michael Ignasiak moved to approve the Letter of Intent, approving the participation in the Southeast Volusia Corridor Improvement Coalition and to authorize the City Manager to execute a Partnership Agreement (Memorandum of Agreement) after review by the City Attorney and City Manager, second by Councilman Justin Kennedy. The MOTION CARRIED 4-0-0. Yes Mayor Michael Thomas, Councilman Justin Kennedy, Councilman Michael Ignasiak, Councilman Gene Emter No None Abstain None 11. OFFICER REPORTS Mayor Thomas recognized Phil Giorno, who was in the audience. Mr. Giorno made a presentation with regard to his political career. Fire Chief Cousins commented on the Mayor, Council, City Manager and City Clerk wearing pink shirts to show support and raise awareness for Breast Cancer Awareness Month which is recognized during the month of 6 Council Regular Meeting October 15, 2012 October. He informed Council after the meeting they wanted to take a picture with them and some of the firefighters. Mayor Thomas wanted to give Councilman Kennedy an opportunity to speak since he only had one more meeting left. Councilman Kennedy thanked everyone, including the usual crowd that comes to the meetings. It has been his pleasure to serve the City of Edgewater. He had to resign his seat since he chose to run for County Council which he was not successful in winning. He would be at next month' s meeting. He has enjoyed working with everyone. His experience on the Council has far exceeded his expectations of what he thought it would be like. He felt Edgewater had one of the best Councils' in Volusia County, as well as the City staff. He hoped the next two years was as equally productive as he felt the last two years had been. Mayor Thomas thanked him for his service. a. City Clerk City Clerk Wenzel reminded everyone that this Wednesday at 10 a.m. there was a ribbon cutting at Professional Physical Therapy at 1316 S. Ridgewood Avenue. City Clerk Wenzel commented on the discussion at the last meeting regarding donations for non-profit organizations by describing what the Clerks in other cities do. She suggested in the future that Council create a policy or give direction for a maximum amount they would give to an individual or group at one time as well as a total amount they would like to see in the budget for that type of donation. Councilman Kennedy was proud that Edgewater was able to give donations. Councilman Ignasiak suggested the Council set aside ex-number of dollars a year to give away for whatever the Council feels is appropriate and that the money be made available on a quarterly basis . Councilman Kennedy and Mayor Thomas liked the idea. City Clerk Wenzel informed Council there was money currently in the budget for donations, which she believed was $1, 000 . Councilman Kennedy moved to do $500 a quarter with a cumulative total of $2, 000 a year. Councilman Ignasiak questioned developing a policy and bringing it in front of Council. City Manager Barlow suggested developing a policy and since the amount is greater than what was already budgeted it would have to be incorporated into the mid-year budget amendment. Councilman Kennedy suggested waiting to incorporate it into next year's budget. City Manager Barlow felt they had enough information 7 Council Regular Meeting October 15, 2012 that they could come up with a policy for Council to consider in a resolution. b. City Attorney City Attorney Wolfe commented on having a contract dispute over the construction of Fire Station 55 with Pat Cook Construction with regard to the delay in completing the project which was currently not completed and being threatened with suit by the contractor. He recommended they terminate the contract with Pat Cook Construction and make a claim on the payment and performance bond. City Attorney Wolfe and City Manager Barlow answered questions and addressed concerns presented by Councilman Emter, Councilman Kennedy and Councilman Ignasiak. It was the consensus of Council to take City Attorney Wolfe's advice. C. City Manager City Manager Barlow informed Council beginning in November through April on the 1st Friday of every month from 5 : 00 p.m. until 9: 00 p.m. they will be doing an evening type farmers' market at Hawks Park, including entertainment such as a beer, wine and cheese event. He requested permission from Council for them to be able to tender beer and wine at those special events . There was no objection from Council. City Manager Barlow informed Council on the November 12th agenda, he and Janet Shira would have a presentation identifying numerous economic development incentives. City Manager Barlow passed out a flyer to Council and commented on a project where all of the representatives from the airports in Volusia County got together to put together a coalition to help market the airports in Volusia County better in an effort to bring more aviation related jobs to those areas. He spoke of the Massey Ranch Airport being the only private owned airport open to the public within Volusia County. He informed Council from October 31st through November 2nd they would be having a National Business Aviation Association meeting in Orlando which was expected to attract 25, 000 - 30, 000 participants . Bliss Jamison, the Economic Development Board Chairwoman and member of the Massey family would be there representing the airport and the City of Edgewater. City Manager Barlow informed Council he would out of town from October 18th through October 26th but would be accessible by cell phone. Darren Lear would be acting in his absence. 8 Council Regular Meeting October 15, 2012 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 : 02 p.m. Minutes submitted by: Lisa Bloomer, CMC Attest: APPROVED: City of Edgy ater, Flo ' •a c... �Q111. 1 „ Aix Bonnie Wenzel, City Clerk ichael L. Thomas, Mayor 9 Council Regular Meeting October 15, 2012