Loading...
09-23-2013 - Regular ab CITY COUNCIL OF EDGEWATER REGULAR MEETING SEPTEMBER 23, 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 Gigi Bennington Councilwoman Christine Power Councilman Gene Emter City Manager Tracey Barlow City Clerk Bonnie Wenzel City Attorney Aaron Wolfe Excused Councilman Michael Ignasiak 2. APPROVAL OF MINUTES a. Regular Meeting of August 19, 2013 Minutes Councilwoman Gigi Bennington moved to approve the minutes of August 19, 2013, second by Councilwoman Christine Power. The MOTION CARRIED 4-0-0. Yes Mayor Michael Thomas, Councilwoman Gigi Bennington, Councilwoman Christine Power, Councilman Gene Emter No None Abstain None 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS There were no Presentations at this time. 4. CITIZEN COMMENTS There were no Citizen Comments at this time. 1 Council Regular Meeting September 23, 2013 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA City Manager Barlow asked Council to pull Item 7D from the Consent Agenda so it could be heard separately. 6. CITY COUNCIL REPORTS Councilwoman Bennington provided Council with the flyer for the Fall Festival/Haunted Forest Food Drive on October 26th from 6 p.m. to 9 p.m. Councilman Emter informed Council that he set City Manager Barlow up for a presentation to the Edgewater Landing Homeowners Association. Councilman Emter commented on the Town Hall Meeting to be held next Tuesday, the Roberts Rules of Order Seminar that was held last Friday, the Florida League of Cities Seminar on Revitalization, the TPO meeting, meeting with County Chairman Jason Davis last Monday and Lunch in the Park. Councilman Emter again commented on the Town Hall meeting and informed Council they were invited. He identified it was one of their goals and that he had taken the lead in spearheading it and getting it rolling. He wanted to check with Council to see if it was something they wanted to continue as he felt it was a valuable project that had been well received. He asked Council if they were interested in seeing this continue. Councilwoman Bennington didn't attend the last Town Hall meeting but questioned quarterly being extensive as they can come to the Council meetings, they have all kinds of things available and they can call any department head or City Manager Barlow when they have a question. She felt every quarter was overkill . If they were going to do it every quarter it should be an open meeting of the Council . Councilman Emter spoke of the meeting being informal and the focus being on the residents and not the Council. They were trying to provide an informal opportunity for residents to bring up issues . The residents were the ones who selected quarterly. He mentioned picking on HOA' s because they represent a lot of residents although they don' t limit it to HOA' s as it was not exclusive but inclusive . Councilwoman Bennington felt if it was presented by one Councilperson that it was limited to that one Councilperson' s view and opinions on things . She spoke of being willing to go to any Homeowner' s Association that wanted her to come and explain things and keep them updated. She didn' t think they needed to have a quarterly, formal meeting by one Councilperson. 2 Council Regular Meeting September 23, 2013 Councilwoman Power questioned more than one Councilperson being there and asked if there had to be minutes or if it just had to be recorded. Councilman Emter informed her there were minutes on the website. There was further discussion regarding the Town Hall meeting being done as a workshop in an informal setting. Councilman Emter informed Council that he didn't do any presentation and would participate in the answer if he knew the answer directly. City Manager Barlow did most of the response. Councilman Ignasiak was at the last one and he participated as well . Councilwoman Bennington identified when they were discussing as their goals some of the communication things they didn' t particularly say they wanted to have these Town Hall meetings by one Councilperson every quarter as she felt the whole Council should be involved. Councilman Emter asked Councilwoman Bennington to please come to the next Town Hall meeting in Tuesday at 6: 30 p.m. City Manager Barlow spoke of making sure they covered the basics with regard to advertising the Town Hall meeting and identified he was surprised by the participation at the first Town Hall meeting. At the conclusion the question was asked if it was worthwhile. He felt they had some empowerment and opportunity to connect with Councilman Ignasiak and Councilman Emter. It was more work on his part but it also gave him an opportunity to connect with those in the community that he normally doesn' t get to. He felt time would tell how effective it would be and presented some options . Councilwoman Bennington spoke of the HOA' s being directly contacted and invited to the meeting, which they don't do for general public meetings . City Manager Barlow pointed out it had been advertised too. Councilwoman Bennington felt if they were going to do this it should be a Council generated thing. Mayor Thomas spoke of working for the citizens and felt there should be an open dialogue. There were an estimated 24 people that attended the Town Hall meeting; 17 residents plus staff and five Homeowners Associations represented. Mayor Thomas expressed concern with the HOA' s coming to the City Council meetings . He spoke of going to the HOA' s if they didn' t want to come to the Council Meetings . Councilman Emter felt that was a reasonable suggestion but he didn't know why they don't come to the Council meetings . Mayor Thomas expressed concern with this being a reproduction of a Council meeting and that they were going over the same things that 3 Council Regular Meeting September 23, 2013 were being discussed at a Council meeting. He questioned why they would come to a Town Hall meeting and not a Council meeting. Councilwoman Bennington felt when they are down at the citizens level it makes the Council easier to talk to as they feel more relaxed when they are one on one and a lot of people don' t like to stand at a podium to talk. Mayor Thomas suggested if they continued with the Town Hall meetings that they put a different Councilperson in charge of each meeting instead of having one person in charge of all the meetings . Councilwoman Bennington felt that wasn't a bad idea. Councilman Emter was concerned as he felt it sounded like they were saying he was usurping some sort of authority that he really wasn't. It was one of their goals and did specifically speak to HOA' s because they are a viable force in the community and represent a large group of citizens . He felt they were a logical communication tool they can use to talk to them. Mayor Thomas asked Councilman Emter if it said in the goals that he would represent. Councilman Emter stated no one else stepped up and was willing to do anything along that line. He talked to City Manager Barlow and they set up a format that seemed to be thoroughly open, inviting, and positive in terms of communication. He further identified at the last Town Hall meeting Finance Director John McKinney gave an excellent ten-minute presentation on the budget. Mayor Thomas asked if that was a reproduction. Councilman Emter informed him it was a reproduction but was also something they were interested in. Councilwoman Bennington felt they should have come to the Council meeting then. Councilman Emter informed her they don' t want to come to the Council meeting. Mayor Thomas asked why not. Councilman Emter asked Mayor Thomas what difference it made . Councilwoman Bennington felt the first one was a trial and it worked good but another one was scheduled and it appeared to her that Councilman Emter was taking this on his own and going ahead with it and now he was telling them right before he was having another one that this was what was going on and these were the questions he needed to ask and asking for Council ' s permission. She didn' t have a problem with the first one as they were all aware of it. She knew there would be another one but didn't know when and how. It appeared Councilman Emter was taking this and running with it without the rest of the Council being behind him. Councilwoman Power felt Councilman Emter' s agenda was to work on communication so she felt that was why he felt personally connected to having the meetings . She suggested that because this was a new forum for them that maybe it would be good to find out what some other Councils ' were doing. 4 Council Regular Meeting September 23, 2013 There was a brief discussion regarding how it would work if four Councilmembers attended an HOA meeting with regard to recording the meeting and taking minutes. City Clerk Wenzel identified it would be the City' s responsibility. Mayor Thomas identified his biggest concern was when he represents the City at the meetings he attends, he knows how the Council feels . If he didn't know he would come back and poll the Council so he would be representing the entire Council . He asked Councilman Emter if he knew how the Council felt about some of the questions the citizens were asking. Councilman Emter informed him if they asked a question of that nature he wouldn't answer it either. He would suggest they come to a Board or Council meeting. He encouraged them to read the minutes if they were really interested in finding out what was discussed. Mayor Thomas and Councilwoman Bennington had both read the minutes . Mayor Thomas was concerned when Mr. Overton asked where the rest of the Council was . Mayor Thomas was on vacation and Councilwoman Power was out of town. Councilman Emter identified what they said was Council was invited and some chose to attend and some didn' t. It was not a matter of them having to be there as that was a format, not a Council meeting. Councilwoman Bennington felt the way it was being presented if they don't show up it makes the other Councilmembers look bad because they didn't take the time to come to it that Councilman Emter organized. She was okay with City Manager Barlow attending the meetings but expressed concern with bringing in staff for these Town Hall meetings . If there was an issue, then City Manager Barlow could clear it for any department head to go with him but not just to do it. She spoke of Councilman Emter having a Town Hall meeting in the Council Chamber and staff being brought in to help explain questions or make presentations without the rest of the Council being involved. She didn' t think it should be that way. Councilman Emter felt it sounded like she was saying they don't have that kind of right to communicate with the public and he would disagree with that. Councilwoman Bennington didn' t think any of the Councilmembers had a right to call a Town Hall meeting in the Council Chambers and invite certain groups, even though it is open to the public, and have staff present. She felt that was an official meeting and not a Town Hall meeting as minutes were being taken. Councilman Emter informed her they had invited them to the Council Chambers next Tuesday and if the Council wanted to participate they were more than welcome. He informed them if they wanted to talk about revising the process to go right ahead. City Manager Barlow felt they were at a point where they were going to have to make a decision because he and the City Clerk work at the 5 Council Regular Meeting September 23, 2013 consensus of the majority of the Council and he didn' t know that he had that. He presented some options by identifying Council could continue on with the Town Hall meetings as they were and monitor them, appoint Councilman Emter to be the coordinator or the sponsor, continue on with the Town Hall meetings but call them City Council sponsored and continue on with a similar format and have each Councilmember provide City Clerk Wenzel with an item for the agenda or they could take turns in sponsoring. Leave it set for quarterly, which the community had suggested and rotate through Council for who will be the ambassador for that Town Hall meeting. Mayor Thomas felt since Councilman Ignasiak was not there that they should go through the October 1st Town Hall meeting and then they would revisit it and see where they want to go. He was going to try his best to attend and he encouraged the other Councilmembers to attend as well . City Manager Barlow stated between now and October 1st he needed direction from Council to allow Councilman Emter to continue and give direction to set this up. Mayor Thomas, Councilwoman Bennington and Councilwoman Power were all okay with it. Councilwoman Power wanted more information regarding other cities that are doing this . She felt it was probably a good forum to have. Councilwoman Bennington pointed out they could ask City Clerk Wenzel to research it for them. Councilman Emter identified that New Smyrna Beach had been doing it for over a year and that they had found it to be very interesting. Councilwoman Power reported on attending the Roberts Rules of Order meeting and the Florida League of Cities meeting. She also reminded everyone about the Indian River Lagoon public meeting at the Brannon Center on Thursday evening from 6 p.m. to 8 : 30 p.m. Saturday was the Hands Across the Lagoon. Councilwoman Bennington reminded Councilwoman Power about being dunked at the Lunch at the Park event. Mayor Thomas reported on attending the Southeast Volusia Cities breakfast two weeks ago. He was not able to attend the VCOG meeting as it was tonight which was the same night as the Council meeting. 7 . CONSENT AGENDA a. Addendum No. 1 to the Agreement between the City and Exum Energy, Inc. for gasoline and diesel fuel ant Agenda Request 6 Council Regular Meeting September 23, 2013 b. Authorization to execute a contract with Harry' s Painting & Enterprises, Inc. , for the Water Treatment Plant Chemical Building Recarb Painting Services project Agenda Request "' c. Award the Continuing Professional Engineering Services Contracts to Quentin L. Hampton Associates, Inc. ; Kimley Horn & Associates and CPH, Inc. and authorize the City Manager to negotiate the contracts N Agenda Request d. Approval of the 2013/2014 Lines of Coverage Insurance Premiums in the amount of $573, 946 and authorization for the City Manager to bind coverage Eck Agenda Request e. Addendum No. 2 to the Agreement for Green Waste Hauling and Disposal with Cloer & Sons, Inc. Agenda Request Councilwoman Gigi Bennington moved to approve the Consent Agenda minus Item D, second by Councilwoman Christine Power. The MOTION CARRIED 4-0-0. Yes Mayor Michael Thomas, Councilwoman Gigi Bennington, Councilwoman Christine Power, Councilman Gene Emter No None Abstain None City Manager Barlow made a staff presentation regarding a minor change that occurred late today to Item 7D of the Consent Agenda. Councilwoman Power asked where this was in the budget before . City Manager Barlow stated they didn' t request to have that fiduciary coverage, for their insurance carrier to provide that fiduciary insurance. This was still coming out of the pension fund. City Manager Barlow further explained the pension boards have the opportunity to elect to get the fiduciary coverage or not, which they have the authority to shop themselves or they could fall under the City' s carrier, which had the best rate. 7 Council Regular Meeting September 23, 2013 Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilwoman Christine Power moved to approve the 2013/2014 Lines of Coverage Insurance Premiums in the amount of $583,033, second by Councilman Gene Emter. The MOTION CARRIED 4-0-0. Yes Mayor Michael Thomas, Councilwoman Gigi Bennington, Councilwoman Christine Power, Councilman Gene Emter No None Abstain None 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 1st Reading - Ordinance No. 2013-0-17 : Amending the General Employees ' Pension Plan Agenda Request 2` City Attorney Wolfe read Ordinance 2013-0-17 into the record. City Manager Barlow made a staff presentation. Mayor Thomas opened the public hearing. Councilman Emter asked for a point of order and questioned only approving Item D on the Consent Agenda. Councilwoman Bennington informed him they had approved all of them but Item D. City Clerk Wenzel informed him that was the first motion. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilman Gene Emter moved to approve Ordinance No. 2013-0-17, second by Councilwoman Christine Power. The MOTION CARRIED 4-0-0. Yes Mayor Michael Thomas, Councilwoman Gigi Bennington, Councilwoman Christine Power, Councilman Gene Emter No None Abstain None b. 1st Reading - Ordinance No. 2013-0-18 : Amending the Police Officers ' Pension Plan 8 Council Regular Meeting September 23, 2013 Agenda Request City Attorney Wolfe read Ordinance 2013-0-18 into the record. City Manager Barlow made a staff presentation. Due to there being no Council or public comment, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilwoman Gigi Bennington moved to approve Ordinance No. 2013-0-18, second by Councilwoman Christine Power. The MOTION CARRIED 4-0-0. Yes Mayor Michael Thomas, Councilwoman Gigi Bennington, Councilwoman Christine Power, Councilman Gene Emter No None Abstain None c. Resolution No. 2013-R-20 : Modifying various fees/costs, surcharges and administrative fees Agenda Request City Attorney Wolfe read Resolution 2013-R-20 into the record. City Manager Barlow made a staff presentation. Mayor Thomas opened the public hearing. There was then a brief discussion regarding some of the fees being lowered. Councilwoman Bennington questioned charging HOA' s $25. 00 for a yard sale permit and only allowing them one a year. City Manager Barlow identified those were the ones that have the community garage sales . Before they didn' t have any provisions to allow it at all and they could only do it as a resident. Councilwoman Bennington felt they should be allowed to have two like everybody else. City Manager Barlow informed her that was the way it had always been and that he wasn't aware of any complaints for only allowing one a 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 Resolution No. 2013-R- 20, second by Councilman Gene Emter. 9 Council Regular Meeting September 23, 2013 The MOTION CARRIED 4-0-0. Yes Mayor Michael Thomas, Councilwoman Gigi Bennington, Councilwoman Christine Power, Councilman Gene Emter No None Abstain None d. Resolution No. 2013-R-21 : Approval of the Final Operating Millage Rate for Fiscal Year 2013/2014 Agenda Request City Attorney Wolfe read Resolution 2013-R-21 into the record. Finance Director John McKinney made a staff presentation and read the required notice into the record with regard to Resolution 2013-R-21 . Mayor Thomas asked for questions . There was a brief discussion regarding the increase to the budget resulting in a less than $19 increase for the average household per year. Councilman Emter identified the newspaper said $27 for a certain amount home and homestead. Mayor Thomas asked to be reminded where they are in comparison to other cities with the millage rate . City Manager Barlow had where the maximum millage was declared but pointed out that everyone was going through the same motions as the Council was in finalizing their millage rates . He felt they would be just about in the middle in comparison with other cites as far as millage rates . There was a brief discussion regarding Edgewater having the highest millage rate in Volusia County in 2005. City Manager Barlow pointed out that Deland, Holly Hill and South Daytona were good comparisons to Edgewater. We were not only millage less than all of those cities but total tax bill less than those cities as well . Mayor Thomas spoke of Edgewater citizens voting to have a height cap to 35' which limits their tax revenue and Edgewater being compared to cities that have a tax base on condos . He further commented on the quality of life people have in Edgewater. City Manager Barlow disclosed that the budget being presented tonight also included a $ .25 per hour raise for himself as well as City Clerk Wenzel. 10 Council Regular Meeting September 23, 2013 Due to there being no further Council or public comment, Mayor Thomas closed the public hearing and entertained a motion. Mayor Thomas informed a lady that had a question that he had asked for questions a while ago and that she would have to wait. A lady in the audience asked a question that was answered by Mr. McKinney. Councilwoman Gigi Bennington moved to approve Resolution No. 2013-R-21 for the Final Operating Millage Rate of 6. 876 for Fiscal Year 2013/2014, second by Councilwoman Christine Power. The MOTION CARRIED 4-0-0. Yes Mayor Michael Thomas, Councilwoman Gigi Bennington, Councilwoman Christine Power, Councilman Gene Emter No None Abstain None e. Resolution No. 2013-R-22 : Approval of the Final Voted Debt Service Millage Rate for Fiscal Year 2013/2014 mL Agenda Request City Attorney Wolfe read Resolution 2013-R-22 into the record. Mr. McKinney made a staff presentation by reading a required notice into the record. Mayor Thomas opened the public hearing. Councilwoman Bennington questioned the voted debt service not being increased at all since they initiated it, which Mr. McKinney explained for her and identified it had actually gone down from last year. Councilwoman Bennington asked how much they owed on it. Mr. McKinney estimated about $375, 000 . Councilwoman Power questioned how far into it they were. Mr. McKinney identified it was for 20 years and that they were 8 years into it and still had 12 years left. Due to there being no further Council or public comment, Mayor Thomas closed the public hearing and entertained a motion. Councilman Gene Emter moved to approve Resolution No. 2013-R-22 for the Final Voted Debt Service Millage Rate of . 058 for Fiscal Year 2013/2014, second by Councilwoman Christine Power. The MOTION CARRIED 4-0-0. 11 Council Regular Meeting September 23, 2013 Yes Mayor Michael Thomas, Councilwoman Gigi Bennington, Councilwoman Christine Power, Councilman Gene Emter No None Abstain None f. Resolution No. 2013-R-23: Approval of the Final Budget providing for appropriations for Fiscal Year 2013/2014 Agenda Request City Attorney Wolfe read Resolution 2013-R-23 into the record. Mr. McKinney made a staff presentation. The total citywide budget was $34,205, 460 . Councilwoman Bennington had a different figure of $34, 085, 778 . Mr. McKinney then identified for Council why the amount was different from what was originally in the agenda. Mayor Thomas asked for public comment. The following citizen spoke: Julianne Dennison, New Smyrna Beach resident, Edgewater Business Owner, 311 S . Ridgewood Avenue, asked about the increase to the millage rate and how that applied to the $385, 000 they were possibly loaning to the YMCA. City Manager Barlow identified the YMCA initiative had no influence on the millage rate. Due to there being no further Council or public comment, Mayor Thomas closed the public hearing and entertained a motion. Councilwoman Gigi Bennington moved to approve Resolution No. 2013-R-23 for the Final Budget for Fiscal Year 2013/2014, second by Councilwoman Christine Power. The MOTION CARRIED 4-0-0. Yes Mayor Michael Thomas, Councilwoman Gigi Bennington, Councilwoman Christine Power, Councilman Gene Emter No None Abstain None 9. BOARD APPOINTMENTS There were no Board Appointments at this time. 10. OTHER BUSINESS 12 Council Regular Meeting September 23, 2013 a. Approval of Addendum No. 1 to the agreement between the City of Edgewater and Edgewater Garage Inc. s Agenda Request = City Manager Barlow made a staff presentation. Mayor Thomas mentioned having several bids last time and questioned having any other bids . City Manager Barlow informed him when they did the agreement, it was for two years and allowed for two two-year extensions . At the conclusion of the extensions, they would go back out for bid. Councilman Emter questioned if it was possible to rebid that at the end of this current extension. City Manager Barlow informed him he would have to get direction from Council . Mayor Thomas commented on the outcry from the public when Bishop' s Wrecker Service, Edgewater Towing and Universal Towing were on the agenda to be awarded the wrecker/towing services contract. City Manager Barlow informed Council if the consensus was that they didn't want to extend it and wanted to rebid it, they wouldn' t be breaching the contract because that is a provision of the contract. Councilman Emter wasn't suggesting it be rebid. He wanted to know if it was possible to rebid by a decision by Council . He was here and heard both sides of the issue but he didn' t think it was as one sided as those that were here . Councilwoman Power questioned what would happen if they rebid and they are ten days from the contract expiring, which City Manager Barlow answered for her. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilwoman Gigi Bennington moved to approve Addendum No. 1 to the agreement between the City of Edgewater and Edgewater Garage Inc. , second by Councilman Gene Emter. The MOTION CARRIED 4-0-0. Yes Mayor Michael Thomas, Councilwoman Gigi Bennington, Councilwoman Christine Power, Councilman Gene Emter No None Abstain None b. FDG Flagler Station II, LLC requesting a Special Use Permit 13 Council Regular Meeting September 23, 2013 to construct a telecommunications tower in the Florida East Coast Railroad right-of-way south of 28th Street Agenda Request City Manager Barlow made a staff presentation. It was before the Planning & Zoning Board last week and they voted in favor with the stipulation that the concrete block wall be stuccoed to be similar to the structures at Whistle Stop Park. He further identified the company had offered to work with staff with regard to the landscaping. Councilwoman Power asked how tall the tower was . City Manager Barlow informed her it was 149 feet. City Manager Barlow believed representatives from the company were present if Council had any additional questions . City Manager Barlow informed Council there was a similar tower on the Oak Hill City Hall property. Councilwoman Bennington asked if they had to include the stipulation of the Planning & Zoning Board in their motion. City Manager Barlow suggested if they approve it that they go with the same stipulation that was provided at the Planning & Zoning Board. The developer had offered to work with staff because the design criteria requires so much landscaping and since this is in the right-of-way they had agreed to use some of the landscaping in one of the City' s facilities. He felt if that offer was still on the table that they may want to grab that offer as well . Gerald Muldowney, representing the developer, further identified that because of safety requirements within the railroad right-of-way they were restricted on the landscaping. Mayor Thomas asked if this tower would be for all cell phones, which Mr. Muldowney further explained for him. The facility would enhance the 911 service in this area. They were providing enough capacity on the tower to allow co-rotation so additional carriers would be able to use their facility without having to construct another tower structure. Mayor Thomas asked where the nearest tower was south of this one . Mr. Muldowney referred to Sheet C2 . 01 that they provided where they were required by the City' s zoning codes to locate all existing structures within 2, 000 feet of the proposed structure. They found the nearest tower was to the northeast and was 2, 200 feet. There was nothing to the south within 2, 000 feet. He further identified 2, 000 feet would be too close to an existing antenna which was why they picked the location. 14 Council Regular Meeting September 23, 2013 Mayor Thomas was asking because he wasn't sure if the signal would reach Maytown Road. Mr. Muldowney informed him the signal would go about two miles . City Manager Barlow asked if this was an AT&T tower. Mr. Muldowney informed him the tower structure itself was not owned by AT&T but they were the anchor tenant. He further identified who owned it. There was a brief discussion regarding the site being ready and actively marketed. City Manager Barlow e-mailed City Clerk Wenzel a photo and asked her to pull it up. Councilman Emter asked how many levels of antenna would be on there initially and what the maximum number of levels it would support. Mr. Muldowney informed him the pole was designed for three levels and initially there would be one. They could add another two. If another was required they could do a structural analysis or modify the structure. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilwoman Gigi Bennington moved to approve the request for a Special Use Permit to construct a telecommunications tower in the Florida East Coast Railroad right-of-way south of 28th Street to include the concrete block wall being stuccoed to be similar to the structures at Whistle Stop Park and work with staff on relocating the landscape requirements to a City facility, second by Councilwoman Christine Power. City Manager Barlow asked Mr. Muldowney to leave his business card with Leisure Services Director Jack Corder. Mayor Thomas allowed the following citizen to speak: Mike Visconti, 316 Pine Breeze Drive, was very interested in this since he lived close by and wanted to know where the tower would be. City Manager Barlow informed him it wouldn't be far off the curb by the skateboard park. Mr. Visconti asked if it would interfere with television. City Manager Barlow informed him they wouldn't have any interference at all. Councilwoman Power questioned if a six foot wall was standard as she was concerned because it will be right next to the skateboard park where kids are. Mr. Muldowney commented on the wall proposal being based on the City' s code. He identified it also had overhead security 15 Council Regular Meeting September 23, 2013 on it. The facility is also locked 24/7 . There would be a security light at the entrance to the structure but no security cameras. This tower was not a lit tower so they had FAA approval and there was no need for navigational hazard lighting. Mayor Thomas asked City Attorney Wolfe if the discussion was from the board or the general meeting. City Attorney Wolfe informed him it could be both. The MOTION CARRIED 4-0-0. Yes Mayor Michael Thomas, Councilwoman Gigi Bennington, Councilwoman Christine Power, Councilman Gene Emter No None Abstain None c. Approval of the position of Victim Advocate and authorization for the Mayor or City Manager to execute the Grant Agreement Agenda Request City Manager Barlow made a staff presentation. Councilwoman Power asked if there was an application process . City Manager Barlow identified they replaced the Victim Advocate about six or eight months ago. If the grant wasn't offered to them or the Council elected to not go forward and accept the grant then that employee would be terminated. There was further discussion regarding the City having the Victim Advocate position since 2005. There had been many Victim Advocates since 2005 due to there being no benefits with the position and employees leaving when a better job opened up. They now provide some benefits to keep them here . Councilwoman Bennington asked if the position was funded in the budget. City Manager Barlow informed her it was . Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilwoman Christine Power moved to approve the position of Victim Advocate and authorization for the Mayor or City Manager to execute the Grant Agreement, second by Councilman Gene Emter. The MOTION CARRIED 4-0-0. Yes Mayor Michael Thomas, Councilwoman Gigi Bennington, 16 Council Regular Meeting September 23, 2013 Councilwoman Christine Power, Councilman Gene Emter No None Abstain None 11. OFFICER REPORTS a. City Clerk City Clerk Wenzel reminded Council of the Trails Workshop on Wednesday at 2 p.m. in Council Chambers . City Clerk Wenzel spoke of hosting in Council Chambers on September 18th a Records Management workshop that was put on by the State Department of Archives and Library. She also attended the Roberts Rules of Order workshop. On September 13th she attended the Volusia County Schools Career Academy Awards at Daytona International Speedway at the request of the Culinary Academy Director where she was awarded a certificate for Outstanding Business Partner with the academies with the High School . b. City Attorney City Attorney Wolfe had nothing at this time. c. City Manager City Manager Barlow had nothing at this time. Mayor Thomas confirmed the Lagoon meeting was on September 26th at 6: 30 p.m. , the Trails were 2 p.m. on Wednesday and the Town Hall meeting was October 1st at 6: 30 p.m. City Clerk Wenzel informed Council she would get the agenda out tomorrow for the Trails Workshop. City Manager Barlow informed Council if they concluded with the Trails Workshop early enough, at 4 p.m. was a Chamber Ribbon Cutting at the Cuchetti School of Music. Councilwoman Power also pointed out the joining of hands for the Hands Across the Lagoon was on Saturday at 9: 45 a.m. at Riverside Park in New Smyrna. 12. CITIZEN COMMENTS There were no Citizen Comments at this time. 13. ADJOURNMENT 17 Council Regular Meeting September 23, 2013 There being no further business to discuss, Councilwoman Bennington moved to adjourn. The meeting adjourned at 7 : 25 p.m. Minutes submitted by: Lisa Bloomer, CMC Attest: APPROVED: City of Edgewater, Florida AcjI)174111,' 4 \ Bonnie Wenzel, City Clerk Mike Ignasiak, slice-Mayor 18 Council Regular Meeting September 23, 2013