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09-09-2013 - Regular A d0. CITY COUNCIL OF EDGEWATER REGULAR MEETING SEPTEMBER 9, 2013 6:00 P.M. COUNCIL CHAMBERS MINUTES 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION Mayor Thomas called the Regular Meeting to order at 6: 00 p.m. in the Council Chambers . There was a silent invocation and pledge of allegiance to the Flag. Present Mayor Michael Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Mike 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 July 15, 2013 Minutes Councilwoman Gigi Bennington moved to approve the minutes of July 15, 2013, second by Councilman Gene Emter. The MOTION APPROVED 5 - 0. Yes Mayor Michael Thomas, Councilwoman Christine Power, Councilwoman Gigi Bennington, Councilman Mike Ignasiak, Councilman Gene Emter 3. PRES ENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a. Finance Director John McKinney to advise on upcoming events pertaining to the American Heart Association events Finance Director McKinney reminded Council that this coming Friday from 11 : 00 a.m. - 2 : 00 p.m. they would be having "Lunch in the Park" 1 Council Regular Meeting September 9, 2013 at Kennedy Park to help support the American Heart Association Heart Walk that was coming up on September 27th. He further identified there would be food and entertainment. They were also going to have free blood pressure checks and a chance to dunk City officials in a dunk tank. Councilman Ignasiak would be in the dunk tank from 11 : 00 a.m. to 11 : 45 a.m. , Tommy Smith from Public Works was from 11 : 45 a.m. to 12 : 30 p.m. , Councilwoman Power was from 12 : 30 to 1 : 15 p.m. and City Manager Barlow was from 1 : 15 p.m. to 2 : 00 p.m. He thanked everyone that has helped them. The City Manager gave them a goal of $1, 000 and so far they had collected $1, 428 .23 . City Manager Barlow further commented on the event. b. Samantha Bishop, Southeast Volusia Chamber of Commerce, Annual Progress Report Samantha Bishop, Executive Vice President, Southeast Volusia Chamber of Commerce, 115 Canal Street, New Smyrna Beach, went through a Powerpoint Presentation. She then spoke of increasing their membership and commented on the breakdown of Edgewater businesses . Ms . Bishop thanked the City of Edgewater for being the Chamber' s only friend when the Chamber was in a bad way three years ago. They were much better today. It has been her goal and the goal of the Board to repay the City with services and partnerships and being there for whatever they could do for the City. Ms . Bishop showed Council a copy of their directory which had a full page ad on the second page for the City. She also pointed out they were listed as a partner in the directory as well . There are links on their website to the City's website. Ms. Bishop then reported on the home based business fair the Chamber did. Ms . Bishop spoke of one of her goals being to have at least one Chamber function in Edgewater. She well exceeded her goal as some months they had eight events in Edgewater and she felt they were making a concerted effort. Ms . Bishop mentioned the Roberts Rules of Order seminar that was being held on September 20th in Council Chambers . She further commented on the business surveys the Chamber was sending out. c. County Councilwoman Deb Denys Mayor Thomas thanked County Councilwoman Deb Denys for doing a great job representing Edgewater and Southeast Volusia. 2 Council Regular Meeting September 9, 2013 County Councilwoman Deb Denys disclosed she had lunch with Councilman Emter, Mayor Douglas Gibson from Oak Hill and Commissioner Jason McQuirk from New Smyrna at Athens in Edgewater. County Councilwoman Denys mentioned discussion coming up from Oak Hill and Edgewater to revisit the tri-county agreement as it related to wastewater and stormwater. She would be talking with the County Manager and Deputy Manager tomorrow about setting up a joint meeting to readdress this issue for review to see how they can adjust it. County Councilwoman Denys informed Council she would be at "Lunch in the Park" on September 13, 2013 . She felt the Council was doing a great job. She thanked them for partnering with the Chamber of Commerce. County Councilwoman Denys identified the times were getting better and that she looked forward to working with the Council in the future . 4. CITIZEN COMMENTS The following citizen spoke: Mike Visconti, 316 Pine Breeze Drive, asked where the landscaping and beautification was on U.S. #1, which City Manager Barlow hoped would be coming soon. As of late Friday, it appeared they may finally have a set of landscape plans which he would be delivering on Wednesday to DOT for final review and approval. He was hoping before the end of September they would start to see some of the landscaping come back. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA There were no Changes/Modifications to the agenda. 6. CITY COUNCIL REPORTS Councilwoman Power spoke of there being a lagoon meeting on September 26th in New Smyrna Beach at the Brannon Center. She thought it was from 6 p.m. to 8 p.m. City Manager Barlow suggested that either he or City Clerk Wenzel would find that information and send it out to the rest of the Council . He hadn't heard about an additional meeting but knew about the "Hands Across the Lagoon" on September 28th from 9 a.m. to 10 a.m. on the South Causeway in New Smyrna. City Manager Barlow pointed out the Marine Discovery Center was taking the lead on the "Hands Across the Lagoon" and he thought they may be doing an independent meeting. Councilwoman Power confirmed that was what it was . 3 Council Regular Meeting September 9, 2013 Councilwoman Bennington reported that the Fall Festival was coming up on October 26th. Admission was a can of food that is given to the Drama Club at the High School who collects food for the hungry. Councilman Ignasiak spoke of attending a meeting with City Manager Barlow and his staff and the corporate representatives of the YMCA on the possibility of an expansion of the Edgewater facility. He felt the meeting went well and identified the details were being worked out. He also mentioned it was a need that had been recognized and there was a strong move for it in the community. Councilman Ignasiak then reported on attending the Lagoon meeting that was held in Council Chambers jointly with New Smyrna, which he felt was very educational . Councilman Emter reported on the last TPO meeting as it related to the approval of the I-95/Turnbull interchange that had gone onto the long range transportation plan for 2035 and would come up as a priority once funding was available. He mentioned there being a number of studies that had to be conducted before that could happen. Councilman Emter spoke of attending an informal lunch meeting with County Councilwoman Denys, New Smyrna Beach Commissioner Jason McQuirk, and Oak Hill Mayor Douglas Gibson. He further spoke of the agreement with the County and Oak Hill being originally established in 1994 . There was a modification that was approved and five years ago they started talking again about updating. This allows the City to provide water south of Edgewater in the area down to Ariel Road. There had been a lot of discussion over the years with the County and it had kind of stalled out. Mrs . Denys has taken a leadership role and hopefully would get it started again. Councilman Emter them commented on the Lagoon meeting tying in and explained the type of sewer operation you have influences the Lagoon, which was one of the things the agreement would talk about. Mayor Thomas reported on attending the VCOG meeting. Deltona was the only City that wasn't participating. City Manager Barlow thought it was Holly Hill also. Mayor Thomas spoke to the Mayor of Holly Hill who was all for it but it wasn't in their budget but they were readjusting the budget. As it stood, VCOG was still going. Councilwoman Power reported the Indian River Lagoon Public Forum on September 26th would be from 6 p.m. to 8 : 30 p.m. and was being put on by the Marine Discovery Center and was going to be at the Brannon Center. Mayor Thomas encouraged everyone to attend. 4 Council Regular Meeting September 9, 2013 Councilwoman Bennington informed everyone that the Fall Festival was sponsored primarily by the Edgewater Police Department and the Citizens Assisting Police. 7 . CONSENT AGENDA There were no items on the Consent Agenda to be discussed at this time. 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 2nd Reading - Ordinance No. 2013-0-05: Amending Article IV (Towing or Impounding Vehicles) of Chapter 17 (Traffic) of the Code of Ordinances Agenda Request City Attorney Wolfe read Ordinance 2013-0-05 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. Councilman Mike Ignasiak moved to approve Ordinance No. 2013-0-05, second by Councilman Gene Emter. The MOTION APPROVED 5 - 0. Yes Mayor Michael Thomas, Councilwoman Christine Power, Councilwoman Gigi Bennington, Councilman Mike Ignasiak, Councilman Gene Emter b. 2nd Reading - Ordinance No. 2013-0-06: An amendment to Chapter 11 (Business Tax Receipts and Business Regulations) , Article II (Miscellaneous Taxes and Regulations) , Section 11-27 (Pawnbrokers) of the Code of Ordinances Agenda Request City Attorney Wolfe read Ordinance 2013-0-06 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. 5 Council Regular Meeting September 9, 2013 Councilman Gene Emter moved to approve Ordinance No. 2013-0-06, second by Councilwoman Christine Power. The MOTION APPROVED 5 - 0. Yes Mayor Michael Thomas, Councilwoman Christine Power, Councilwoman Gigi Bennington, Councilman Mike Ignasiak, Councilman Gene Emter c. 2nd Reading - Ordinance No. 2013-0-10 : Approval of the FP&L Franchise Agreement for a period of 30 year and authorization for the Mayor to execute said Agreement Agenda Request City Attorney Wolfe read Ordinance 2013-0-10 into the record. City Manager Barlow made a staff presentation. He pointed out a scrivener' s error on Page 10 which was a section of a sentence that was omitted by accident between first reading and second reading that didn't change the contents or intent of the agreement. He further commented on having a good discussion with Mr. Volenak after the other meeting. He wasn't comfortable how they left the other meeting about underground power lines . He wanted to make sure they didn't leave with the assumption that all underground power lines are bad. Mayor Thomas and City Manager Barlow presented an overview of the discussion that occurred at the previous meeting. Larry Volenak, Area Manager with FPL, identified currently system wide they had 30% of their facilities underground. About 80% of their new installations are underground which would be new subdivisions and commercial properties . They found that municipalities have been successful with their undergrounding utilities by taking it on an area by area basis . FPL would like the opportunity to work with the City analyzing areas that they had an interest in undergrounding and providing technical expertise to make sure they were getting the best return on their investment. Councilman Emter identified his purpose for bringing this up was because it was one of their adopted goals to push for underground utilities . He felt this was something they needed to keep in mind as they go ahead. Councilwoman Bennington felt it needed to be looked at per project and per area. City Manager Barlow spoke of the draft ordinance he and Development Services Director Darren Lear had been working on for some time 6 Council Regular Meeting September 9, 2013 looking at future development and redevelopment as this was one of the sections in the ordinance. He wanted to make sure they were all clear while they had the experts in the house. Mayor Thomas asked for public comments . The following citizens spoke: Don Garner, 2703 Tamarind Drive, asked about future underground and asked if a business or residence caught fire if they would then have to go to underground. City Manager Barlow identified most businesses may be required if more than 51% of the business was damaged to restore it to the new codes . As far as residential it depended on where it was but he felt probably not because it makes it more challenging in existing subdivisions . He again pointed out it was a very draft code and Council may give him direction and want residential underground so he identified that remained to be seen. Councilman Emter stated there had been no discussion of that kind of future development. They have talked about the concept of underground, which is a preferred concept but how it was implemented was another story altogether. City Manager Barlow spoke about FPL doing a good job of preventive maintenance on their easement areas . Leo Towsley, 2828 Unity Tree Drive, spoke of the aesthetics and power boxes being placed in people' s front yards . He felt there should be a designated area for the boxes and not just wherever they plan on dropping them because he felt they would end up looking like an eyesore. Mayor Thomas presented a scenario of 80% of a strip mall burning in a fire and that person being required to go underground. City Manager Barlow identified strip malls were more challenging and that something like that would possibly be considered greater than 51% of the entire strip mall verses 51% of one unit would probably have to come back to the new code . Mayor Thomas questioned one unit burning out of 15 businesses and the one unit having to go to underground. City Manager Barlow explained they would probably look at that as a complex as it related to the underground power line portion of the ordinance. He wasn' t sure what the Building Code which was part of Florida Statutes would require them to do as far as bringing the rest of the units up to code. Councilwoman Power asked if this was actually something they could write into their code that specifically identified where things would be placed on a piece of property. Mr. Volenak explained normally what happens when a subdivision is laid out is easements are granted for 7 Council Regular Meeting September 9, 2013 utilities and are normally along the front property line and the boxes would normally be placed on the front property line in a property corner. Councilwoman Bennington felt they were putting the cart before the horse as all they were doing was approving the franchise agreement. Mayor Thomas closed the public hearing and entertained a motion. Councilwoman Christine Power moved to approve Ordinance No. 2013-0-10, second by Councilwoman Gigi Bennington. The MOTION APPROVED 5 - 0. Yes Mayor Michael Thomas, Councilwoman Christine Power, Councilwoman Gigi Bennington, Councilman Mike Ignasiak, Councilman Gene Emter d. 2nd Reading - Ordinance No. 2013-0-11 : Rosemary Walker, applicant, requesting annexation of . 32± acres of land located east of Meadow Lake Drive and south of 28th Street Agenda Request .' City Attorney Wolfe read Ordinance 2013-0-11 into the record. City Manager Barlow made a staff presentation. Mayor Thomas opened the public hearing. Councilwoman Bennington questioned putting in that if a four car driveway would fit that that would be a requirement. City Manager Barlow informed her that was on the donated property on Lime Tree. 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 Ordinance No. 2013-0-11, second by Councilwoman Christine Power. The MOTION APPROVED 5 - 0. Yes Mayor Michael Thomas, Councilwoman Christine Power, Councilwoman Gigi Bennington, Councilman Mike Ignasiak, Councilman Gene Emter e. 2nd Reading - Ordinance No. 2013-0-14 : Ronald Caldwell, applicant, requesting annexation of 10 . 50± acres of land located at 195 Godfrey Road 8 Council Regular Meeting September 9, 2013 Agenda Request City Attorney Wolfe read Ordinance 2013-0-14 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. Councilman Mike Ignasiak moved to approve Ordinance No. 2013-0-14, second by Councilman Gene Emter. The MOTION APPROVED 5 - 0. Yes Mayor Michael Thomas, Councilwoman Christine Power, Councilwoman Gigi Bennington, Councilman Mike Ignasiak, Councilman Gene Emter f. Resolution No. 2013-R-16: Approval of the tentative Millage Rates for the City for Fiscal Year 2013-2014 Agenda Request City Attorney Wolfe read Resolution 2013-R-16 into the record. City Manager Barlow made a staff presentation. He elaborated on the 2013 Consolidated Individual Millage Rates Scored Highest to Lowest and the 2001-2013 Preliminary Roll . City Manager Barlow then commented on a newspaper article in the News Journal on Sunday. The City of Edgewater has the second highest homestead and personal exemptions making 34% of their just value exempt from taxation in the City of Edgewater. He also identified that 68% of Edgewater property classifications was residential, which was shrinking. Only 65.21% of their assessed value in the City of Edgewater was taxable. They had $944, 000, 000 and change of assessed property values . Of that $328, 000, 000 was exempt from taxes . They were starting to see the diversification which would change some of their tax base. He felt Council did a really good job of recognizing the great recession and planning ahead for that, the savings for that and using some of the savings to bridge the gap to continue to provide the level of services which were important to keep a community together and growing going into the future when they come out of the recession. Finance Director John McKinney read a statement into the record that was required by State Statutes regarding the operating millage. He reminded Council they had to make two separate motions, one on the 9 Council Regular Meeting September 9, 2013 General Operating Ad Valorem and one on the Voted Debt Service for the Animal Shelter. Mr. McKinney then presented a recap of the General Fund budget that made up the millage increase. Councilman Emter asked Mr. McKinney when he first started accumulating information on the budget and the directors submitted their budgets to him, there was an amount of money and in discussion and negotiations that was brought down. He wanted to know what the original figure was and what the difference was between that and where they ended up today. City Manager Barlow identified as they go through the budget process, at the same time they are working with the directors to massage their budgets they also have numbers coming in that make up the revenues and costs of insurance and everything else in the budget. He didn't know that there was a fixed number prior to them balancing. Mr. McKinney informed him the final budget numbers for insurance were received after August 5th so based on the numbers that Personnel received, they were still on target to maintain the current millage rate and budget as presented. As Councilwoman Bennington thought City Attorney Wolfe had not read Resolution 2013-R-16 into the record, he read it again. Due to there being no further Council or public comment, Mayor Thomas opened and closed the public hearing and entertained a motion. Councilwoman Christine Power moved to approve Resolution No. 2013-R-16 including an operating budget millage of 6. 876, second by Councilman Mike Ignasiak. The MOTION APPROVED 5 - 0. Yes Mayor Michael Thomas, Councilwoman Christine Power, Councilwoman Gigi Bennington, Councilman Mike Ignasiak, Councilman Gene Emter Mr. McKinney read the statement required by State Statutes into the record regarding the 2005 I & S Voted Debt Service. Councilwoman Gigi Bennington made a motion to adopt that motion, second by Councilman Gene Emter. 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 adopt John's statement as the motion. 10 Council Regular Meeting September 9, 2013 Mr. McKinney stated which would be 0 . 058 mills per $1, 000 of assessed value. Councilman Mike Ignasiak seconded the motion. The MOTION APPROVED 5-0. Yes Mayor Michael Thomas, Councilwoman Christine Power, Councilwoman Gigi Bennington, Councilman Mike Ignasiak, Councilman Gene Emter g. Resolution No. 2013-R-17 : Approval of the tentative Budget providing for appropriations for Fiscal Year 2013-2014 Agenda Request `'. City Attorney Wolfe read Resolution 2013-R-17 into the record. Mr. McKinney made a staff presentation. He spoke of two items that would change some moneys from the current year carry forward to some usage for two funds . The City Manager and Police Chief wanted to use $45, 028 to outfit one additional K-9 unit for the Police Department and create a traffic homicide unit which would include specialized equipment and a van for $40, 699 . The total would be $85, 727 and there was just over $151, 000 available in the police impact fee fund. He wanted to place into the budget that would be presented at the final budget hearing an issuance of $385, 000 in debt that would be jointly held by the City and the YMCA to be paid over a 10 or 20 year period, the duration yet to be determined. With Council ' s consent he wanted to add that into the budget. City Manager Barlow pointed out the YMCA debt would be totally paid by the YMCA, which would mean they would amend the agreement and assume the revenue for the entire debt issuance for the expansion of the YMCA which would become the City' s asset if that agreement ever terminated. Mr. McKinney stated once everything was consented by Council this evening he would make sure that no later than Wednesday this week the proposed budget would be available on the City' s website and they would put a link on the right hand side of the City' s website labeled FY 2014 Proposed Budget. There was a brief discussion regarding having $151, 000 in police impact fees and spending $86, 000 toward the expansion of services and how this affected the budget. Councilwoman Bennington questioned if the money for the K-9 included the officer. City Manager Barlow explained they would go through a selection process to select an officer, which would be an existing 11 Council Regular Meeting September 9, 2013 officer. He further commented on the K-9 program being successful as Edgewater was leading the County in the discovery of meth labs . There was further discussion regarding the YMCA paying for the $385, 000 for the expansion as it related to the budget. Mayor Thomas stated at the Police Awards Banquet he met with a vet who was willing to work with the City. City Manager Barlow informed him she was willing to take on a second dog and that she supplies all of the dog food, veterinary services and also shelters the dog when the officer takes vacation. There was then a discussion regarding the YMCA and if they walked away the City would still own the building and the land. City Manager Barlow believed the agreement said if they walk away they are refunded for whatever the amortized value was of the pool. He felt they would probably want to negotiate in the contract a depreciation schedule for the addition as well . There was a brief discussion regarding the City having a great relationship with the YMCA for twelve years . Mayor Thomas asked for public comment. The following citizen spoke: David O'Bryan, 1204 Sabal Palm Drive, spoke of being a retired Police Officer from Memphis, Tennessee. They were able to get much of their equipment through federal and state grants, which he suggested they look into for the drug dog. City Manager Barlow commented on receiving the VOCA grant which paid for the Victim Advocate, the JAG grant which paid for equipment and the different trust funds . He spoke of having a grant administrator and looking at every opportunity for grants . He mentioned receiving a grant for the fire station. The federal government wasn' t funding as many of the federal grants as they used to. Mayor Thomas closed the public hearing and entertained a motion. Councilman Gene Emter moved to approve Resolution No. 2013-R-17, second by Councilwoman Christine Power. The MOTION APPROVED 5 - 0. Yes Mayor Michael Thomas, Councilwoman Christine Power, Councilwoman Gigi Bennington, Councilman Mike Ignasiak, Councilman Gene Emter h. Resolution No. 2013-R-18 : Approval of payment in lieu of 12 Council Regular Meeting September 9, 2013 Franchise Fees (PILOFF) Agenda Request ''" City Attorney Wolfe read Resolution 2013-R-18 into the record. City Manager Barlow made a staff presentation. Mayor Thomas opened the public hearing. Councilwoman Bennington commented on why she felt this would be a good move. Along with approving the tentative budget they also approved a little bit of utility hikes . City Manager Barlow informed her that was done in the rate resolution. He spoke of Council adopting escalating rates four or five years going forward. Councilwoman Bennington spoke of this allowing the citizens to regulate how much of the utilities they use to help them control their spending because of it being tiered. Mayor Thomas asked for public comment. The following citizen spoke: David O'Bryan, 1204 Sabal Palm Drive, asked if Councilwoman Bennington was talking about electricity too. Councilwoman Bennington informed him just the utilities the City provided. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilman Gene Emter moved to approve Resolution No. 2013-R-18, second by Councilwoman Christine Power. The MOTION APPROVED 5 - 0. Yes Mayor Michael Thomas, Councilwoman Christine Power, Councilwoman Gigi Bennington, Councilman Mike Ignasiak, Councilman Gene Emter i . Resolution No. 2013-R-19: Proclaiming September 28, 2013 as National Estuaries Day and participating in the Hands Across the Lagoon event mot, Agenda Request 2 City Attorney Wolfe read Resolution 2013-R-19 into the record. City Manager Barlow made a staff presentation. 13 Council Regular Meeting September 9, 2013 Councilwoman Power questioned there being a fishing program also occurring on September 28th. City Manager Barlow felt the Marine Discovery Center may have had several other events associated with that to bring attention and awareness to the Lagoon. Mayor Thomas spoke of the importance of keeping the Indian River pristine. He further commented on the drainage that goes to the canal and eventually winds up in the lagoon. He then commented on estuaries . They have to take extra precautions . Councilwoman Power confirmed the fishing for kids would be occurring from 9 a.m. to 11 a.m. on September 28th at the Brannon Center. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilwoman Christine Power moved to approve Resolution No. 2013-R- 19, second by Councilwoman Gigi Bennington. The MOTION APPROVED 5 - 0. Yes Mayor Michael Thomas, Councilwoman Christine Power, Councilwoman Gigi Bennington, Councilman Mike Ignasiak, Councilman Gene Emter j . Special Activity Permit - Todd Johnson, applicant for No Name Saloon, located at 2001 S. Ridgewood Avenue, requesting a Special Activities Permit for Biketoberfest 2013 events with outdoor music to be held October 17 through October 20, 2013 Agenda Request '1 City Manager Barlow made a staff presentation. He disclosed for the record that he had received two e-mails from neighbors that were in support of the Special Activity Permit with the condition that they address the vulgar language and the loud music. Jeff Lariscy, Fire Marshal, provided some feedback from a Code Enforcement perspective to let Council know what they see out in the field so Council could make a decision. He spoke of the owners being cooperative and mentioned a few of the concerns they had last year that were being addressed. Councilwoman Bennington pointed out she could hear the music at her house but she just turns her TV up louder and that the noise was not overbearing. 14 Council Regular Meeting September 9, 2013 Councilman Ignasiak felt when they consider the events that had been there before under different management and the issues that were dealt with, this was like night and day. He was there during Bike Week and it was well managed and well run. Councilwoman Power felt the e-mails that came in were legitimate complaints . She spoke of the owner having the authority over the band. Todd Johnson, 838 E 17th Avenue, New Smyrna Beach, commented on an issue with one of the bands last year. After being told to stop cussing, they continued so they wound up kicking them out and they were not paid. Mayor Thomas opened the public hearing. Mayor Thomas felt the property looked fantastic compared to how it looked before. He questioned if the business was beneficial and if they were making enough money to survive. Mr. Johnson informed him they were a very new business and had been there for a year and a half and were just making it by. If it wasn' t for Bike Week and Biketoberfest they would not be there. They had a five year plan of action. He spoke of being the talk of Bike Week last year. Mayor Thomas felt the closing of Pub 44 probably helped them quite a bit. Mr. Johnson wished it was still there because they would have more of a draw to the area. Councilman Emter asked if they would have kitchen facilities by Biketoberfest. Mr. Johnson informed him they were in the process of finishing up the permits and getting that taken care of. Councilwoman Power asked how the traffic and the road were. Mr. Johnson informed her it wasn't so bad but that people were now cutting through their parking lot. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilman Mike Ignasiak moved to approve a Special Activity Permit for No Name Saloon, located at 2001 S. Ridgewood Avenue for Biketoberfest 2013 to be held October 17 through October 20, 2013, second by Councilwoman Gigi Bennington. The MOTION APPROVED 5 - 0. Yes Mayor Michael Thomas, Councilwoman Christine Power, Councilwoman Gigi Bennington, Councilman Mike Ignasiak, Councilman Gene Emter 9. BOARD APPOINTMENTS 15 Council Regular Meeting September 9, 2013 There were no Board Appointments at this time. 10. OTHER BUSINESS a. Approval of Addendum No. 1 to the Kimley-Horn & Associates, Inc. , Consultant Services Agreement and Work Order No. 2011-05 and authorization for the City Manager to execute the documents s Agenda Request '1=°. City Manager Barlow made a staff presentation. Due to there being no Council or public comment, Mayor Thomas entertained a motion. Councilwoman Gigi Bennington moved to approve Addendum No. 1 to the Kimley-Horn & Associates, Inc. Consultant Services Agreement, second by Councilwoman Christine Power. The MOTION APPROVED 5 - 0. Yes Mayor Michael Thomas, Councilwoman Christine Power, Councilwoman Gigi Bennington, Councilman Mike Ignasiak, Councilman Gene Emter b. Authorization for the City Manager to terminate the Interlocal Agreement with the City of New Smyrna Beach for Fire Marshal Services Rik Agenda Request City Manager Barlow made a staff presentation. He requested Council ' s authorization for him to send the notice of termination to terminate in 60 days with an option for the City Manager to extend it on a 30 day basis until New Smyrna could get someone up and running. Councilwoman Bennington asked why they were bringing this before Council to terminate the agreement when they didn't vote on agreeing to it. City Manager Barlow informed her they did vote on agreeing to it. Councilwoman Bennington didn't remember them doing that and asked when they did that. She didn' t mind giving them the 60 day notice but she didn't want to keep extending it for 30 days until they get somebody that falls in their lap. City Manager Barlow didn' t think it would take that long. He identified they were working hard to get someone. Mr. Lariscy explained why he felt there was an advantage to waiting for the right person. 16 Council Regular Meeting September 9, 2013 City Manager Barlow expressed concern with only meeting once a month as it narrowed the opportunities . Mayor Thomas questioned New Smyrna promoting their employees . City Manager Barlow identified it was a hard position to promote into because it takes a specialized person that has interest in it. He also mentioned there was a lot of liability associated with that position as well. Councilman Ignasiak liked the idea of loaning him out to another City. These cities have a history of sharing and there were a lot of activities the cities do together. He was sure at some time in the future they would remind New Smyrna Beach that they had availed themselves in situations where they didn't have to at their request and maybe they may extend something to Edgewater at our request. Councilwoman Power questioned how much of a hardship it was on Fire Marshal Lariscy. City Manager Barlow identified it was a lot as he was not only the Fire Marshal for Edgewater but was also the Code Enforcement Supervisor and was also now the Supervisor of Animal Control . Councilman Emter had no problem from an operational standpoint with the flexibility of the time. Mayor Thomas entertained a motion. Councilman Gene Emter moved to terminate the Interlocal Agreement with the City of New Smyrna Beach for Fire Marshal services, second by Councilman Michael Ignasiak. Councilwoman Bennington mentioned including in the motion the 60 day notice. City Manager Barlow informed Council they were going to authorize him to send a letter that the agreement terminates in 60 days and if they want to allow him the opportunity, the City Manager can extend it on a 30 day basis until they find a replacement. City Clerk Wenzel asked which one. City Manager Barlow informed her the 60 days with opportunity to extend it on a 30 day basis . Councilman Gene Emter moved to approve authorization for the City Manager to terminate the Interlocal Agreement as per the statement he made earlier, second by Councilman Mike Ignasiak. The MOTION APPROVED 5 - 0. Yes Mayor Michael Thomas, Councilwoman Christine Power, 17 Council Regular Meeting September 9, 2013 Councilwoman Gigi Bennington, Councilman Mike Ignasiak, Councilman Gene Emter c. Approval of Fiscal Year 2013-2014 insurance premiums in the amount of $1, 985, 837 and authorization for the City Manager to bind coverage Agenda Request City Manager Barlow made a staff presentation. There was no Council comment at this time. Mayor Thomas asked for public comment and entertained a motion. The following citizen spoke: David O'Bryan, 1204 Sabal Palm Drive, asked if the 4% increase in the premiums would be for the employees . City Manager Barlow informed him that was correct and was for the employees that had to pay the difference for their dependent coverage based on their position and hire date. Mr. O'Bryan asked if the employees were aware of that. City Manager Barlow informed him they should be. Those increases are passed on to the employee verses the taxpayer. Due to there being no further Council or public comment, Mayor Thomas entertained a motion. Councilwoman Christine Power moved to approve Fiscal Year 2013-2014 insurance premiums in the amount of $1,985,837 and authorization for the City Manager to bind coverage, second by Councilwoman Gigi Bennington. Councilman Emter pointed out it said 2013 - 2014 and questioned which year it was . City Manager Barlow explained it was fiscal year 2014, which was from October 1, 2013 through September 30, 2014 . The MOTION APPROVED 5 - 0. Yes Mayor Michael Thomas, Councilwoman Christine Power, Councilwoman Gigi Bennington, Councilman Mike Ignasiak, Councilman Gene Emter 11. OFFICER REPORTS a. City Clerk City Clerk Wenzel had nothing at this time. 18 Council Regular Meeting September 9, 2013 b. City Attorney City Attorney Wolfe had nothing at this time. c. City Manager City Manager Barlow reminded Council on September 25th from 2 p.m. to 5 p.m. was a joint workshop with the Planning & Zoning Board, Economic Development Board & Council to discuss the areas around the trail . 12. CITIZEN COMMENTS There were no Citizen Comments at this time. 13. ADJOURNMENT There being no further business to discuss, Councilwoman Bennington moved to adjourn. The meeting adjourned at 7 : 49 p.m. Minutes submitted by: Lisa Bloomer, CMC Attest: APPROVED: City of Edgewater, Florida \? .100NWL, U300 /4/ Bonne Wenzel, City Clerk Mike Ignasiak, Vice-Mayor 19 Council Regular Meeting September 9, 2013