02-03-2014 - Regular CITY COUNCIL OF EDGEWATER
REGULAR MEETING
FEBRUARY 3, 2014
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
There were no Minutes to be approved at this time.
3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS
a. Presentation of the Certificate of Achievement for
Excellence in Financial Reporting to the City of Edgewater
- Presented by William Rotella, CPA Controller of City of
Daytona Beach Shores, Florida and President Elect of
Volusia/Flagler Florida Government Finance Officers
Association
William Rotella, CPA Controller for the City of Daytona Beach Shores
and the President Elect of Volusia/Flagler Florida Government Finance
Officers Association, recognized Finance Director John McKinney and
his outstanding Finance staff. He further commented on the
Certificate of Achievement for Excellence in Financial Reporting
program and the reports that were submitted being reviewed by select
members of the GFOA professional staff and special review committee.
This was the 29th consecutive year that the City of Edgewater had
earned this monumental achievement. He congratulated Mr. McKinney for
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Council Regular Meeting
February 3, 2014
a job well done and presented him with the Certificate of Achievement
for Excellence in Financial Reporting plaque.
Mr. McKinney recognized his staff and expressed his appreciation for
their help in putting this together. He also pointed out that he had
known Mr. Rotella around nine years as Mr. Rotella was a former
employee of his in Titusville.
b. Robin King, President & CEO, Center for Business Excellence
- introduction and update on services and rebranding
Robin King, President & CEO, Center for Business Excellence, the role
of which she took on on October 1st, introduced herself. She had also
provided City Clerk Wenzel with some folders that included her contact
information. She then commented on material she had provided with
regard to if the City ever had job seekers who were looking for
employment. She offered to provide material that could be kept at
City Hall on the services that the Center for Business Excellence
offered. They also had a lot of stuff on their website that people
could access as well. She mentioned a flyer that was included in the
folder that spoke about the business services .
Ms . King informed Council as of Monday they would have a new name;
Workforce Florida, the State Board they answer to, would become Career
Source Florida and all 24 regional boards would become Career Source
(Insert Geographic Locator) . She referred to a postcard included in
the folder.
Ms . King then informed Council they were going to have ribbon cuttings
at the Centers and that as soon as they had those dates they would
extend an invitation to the City Council .
c. County Councilwoman Deb Denys reporting on Saturday's Farm
Share food drive that she and Representative Santiago
coordinated in Edgewater
County Councilwoman Deb Denys provided Council with a report on
Saturday' s Farm Share food drive, where 35, 000 pounds of food was
distributed, that was coordinated in Edgewater by herself and
Representative David Santiago. She further commented on the event and
felt to say the event exceeded expectations was putting it mildly.
She then went through some photos and described what happened, how it
happened and the great success .
County Councilwoman Denys spoke of requests she has received from
people that want to get involved by volunteering. She thanked the
City for helping them give back to the community.
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Council Regular Meeting
February 3, 2014
Mayor Thomas pointed out that Councilwoman Denys has been to more of
the City' s meetings and events than any other representative from the
County Council . He thanked her for that.
Councilwoman Denys then informed the Council there was a link out for
calling for projects for the TPO for 2014 and the project list was due
in April 2014 . She asked if the Council wanted to put Park Avenue on
the request for projects . She felt wholeheartedly the answer was yes .
She spoke of working collaboratively to see if they could make Park
Avenue a priority and get it highlighted on the TPO agenda going
forward.
City Manager Barlow also commented on the event. Rex Hoffman shared
with him that the Boys & Girls Club at the Edgewater Methodist Church
was currently taking down an old playground area, recycling the area
that the playground was at and were in the process of building a
community garden to contribute to the food pantry the Church had on
site.
4. CITIZEN COMMENTS
The following citizens spoke :
Alice Haldeman, 930 Lake Avenue, thanked Edgewater for everything it
was doing to support the new Rail Trail .
Ron Carwile, 1701 S. Ridgewood Avenue, identified he had asked Council
a couple of months ago to support a petition to reopen the Hardin
entrance off of U.S. #1 for the protection of the children down
through Hardin Street and Rhode Island. He felt there seemed to be
some doubt that there were children in danger there. He sent each
Councilmember a picture a few days ago on the Internet. If they
didn't receive it he would be happy to send it again. There were
children that played on that road quite a bit and it was considerably
dangerous to these children. By closing the Hardin entrance off of
the southbound lane it created an additional amount of traffic. Back
in 1992 the City denied him something because there was too much
traffic on Hardin Street. The traffic hadn't gotten any better and
was only going to get worse. He asked Council to reconsider
supporting the petition he was willing to put the drive to.
5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA
City Clerk Wenzel clarified the agenda was amended. Unfortunately
with Granicus she wasn't able to do a strike through underline. She
wanted to clarify the original Item 10B, the approval of a purchase
order to Quentin Hampton & Associates had been removed.
City Manager Barlow had no other amendments to the agenda that was out
today.
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Council Regular Meeting
February 3, 2014
6. CITY COUNCIL REPORTS
Councilwoman Bennington spoke about the groundbreaking she attended
last Friday for the bridge overpass for the Rails to Trails .
Councilwoman Bennington identified the CAP officer that was in the
photo shown by County Councilwoman Denys was her partner on Friday
nights who had just recently joined.
Councilwoman Bennington then informed Council that on Saturday,
February 15th, from 1 p.m. to 5 p.m. at Hawks Park, the Edgewater
Police Volunteer Association and the CAPS were presenting a Classic
Car show. All of the proceeds were going to the Special Olympics .
Councilman Ignasiak reported on attending the Chamber' s After Hours
get together at Hawks Park, which was canceled and moved over to the
Fire Hall due to inclement weather. He also won the 50/50 and donated
it back to the Business Expo.
Councilman Ignasiak then commented on being invited to Edgewater
Public School to be a Guest Reader in the reading program that took
place. Also there were members of the Edgewater Fire Department,
Edgewater Police Department and members of the Edgewater City
government. He felt the City was so well represented. He brought the
thank you letters he received with him to the meeting. One of the
students thanked him for coming out and reading and referred to him as
a government agent. All of the letters he received were from the
heart.
Councilman Ignasiak then reported on attending the YMCA Board meeting.
They were starting their summer programs . They were seeing an up
count again in the number of kids who were participating in their
programs . He felt the planned expansion with the YMCA was falling
right into place with the needs that were showing up at the YMCA.
Councilman Ignasiak reported on also attending the Southeast Volusia
Chamber of Commerce luncheon.
Councilman Ignasiak also attended the League of Cities Dinner in Ponce
Inlet with several other Edgewater Councilmembers as well as the Rails
to Trails groundbreaking.
Councilman Emter spoke of attending the January Economic Development
Board meeting. They heard presentations from local and County
representatives on economic development efforts . He suggested the
successes could be put together into a document form that would be
suitable for media, trade magazines or whatever to encourage economic
development in Edgewater. The Economic Development Board and Daytona
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Council Regular Meeting
February 3, 2014
State College were getting together to try and develop a document on a
shared partnership basis .
Councilman Emter also attended the Chamber of Commerce ' s Business
After Hours, where he mingled with various local business people and
elected officials as well .
Councilman Emter then spoke about attending the quarterly Central
Florida MPO meeting in Orlando on January 10th. There were
presentations and discussion on the Coast to Coast trail as well as a
Regional Freight Study update over the entire Central Florida area.
They also heard a presentation from Mark Bontrager, the Vice President
of Space Florida, regarding the Cape Canaveral Spaceport Master Plan,
which was available online. His presentation was so good that
Councilman Emter got a hold of him after the meeting and invited him
at some point to come to Edgewater and provide them with that
presentation.
Councilwoman Power reported that she went to the League of Cities
dinner and the School Scholarship Committee meeting. The Princess
Ball was this weekend on Saturday from 7 p.m. to 9 p.m. and tickets
were $7 a piece and were available in the Finance Department, at
Leisure Services and at the door.
Councilwoman Power also attended the Rail Trail groundbreaking.
Mayor Thomas attended the Southeast breakfast. It was pleasantly
surprising that Oak Hill showed up for the first time. He reported on
talking about the environment and the Indian River Lagoon.
Mayor Thomas also attended the VCOG meeting.
7. CONSENT AGENDA
a. Award of the Construction Engineering and Inspections (CEI)
Services for S.R. 5 (US Highway 1) contract to CPH
Engineering and grant the City Manager authority to
negotiate and execute the contracts
Agenda Request 11'"«
Councilman Gene Emter moved to approve the Consent Agenda, second by
Councilwoman Gigi Bennington.
The MOTION APPROVED 5 - 0.
Yes Councilman Gene Emter, Councilman Mike Ignasiak, Councilwoman
Gigi Bennington, Councilwoman Christine Power, Mayor Michael
Thomas
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Council Regular Meeting
February 3, 2014
8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
a. 2nd Reading - Ordinance No. 2014-0-01 : Amending and
restating Article IV (Resource Protection Standards) of the
Land Development Code
Agenda Request
City Attorney Wolfe read Ordinance 2014-0-01 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. 2014-0-01,
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. 2nd Reading - Ordinance No. 2014-0-02 : Amending Chapter 7
(Buildings & Construction; Fire Safety) , Article 1 (In
General) by repealing and restating Section 7-1
(Incorporation of the Florida Building Code)
Agenda Request ILI
City Attorney Wolfe read Ordinance 2014-0-02 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 Christine Power moved to approve Ordinance No. 2014-0-02,
second by Councilman Gene Emter.
The MOTION CARRIED 4-1-0.
Yes Councilwoman Christine Power, Councilwoman Gigi Bennington,
Councilman Mike Ignasiak, Councilman Gene Emter
No Mayor Michael Thomas
Abstain None
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Council Regular Meeting
February 3, 2014
c. 2nd Reading - Ordinance No. 2014-0-03: Pleasant Wood, LLC,
requesting annexation of land to include 1366 Elizabeth
Street and the adjacent parcel to the north
Pik
Agenda Request
City Attorney Wolfe read Ordinance 2014-0-03 into the record.
City Manager Barlow made a staff presentation.
Mayor Thomas opened the public hearing.
Mayor Thomas looked at the property today and described it as being
very low. He asked if they had any other property out there that they
had annexed. He wasn' t sure why they wanted to do that, which City
Manager Barlow explained for him. Mayor Thomas further expressed his
concerns . Development Services Director Darren Lear and City Manager
Barlow further addressed his concerns .
Councilwoman Power questioned not having to go to each property owner
to annex them in and it being done as a whole. City Manager Barlow
explained they could do it either way.
Mayor Thomas asked what advantage it was to the City of Edgewater to
do this . City Manager Barlow described several things .
Mayor Thomas asked City Manager Barlow when the last time was that he
was out there and if he would consider it a blighted area. City
Manager Barlow would consider that area maintained in a different
condition than the majority of the rest of the City. Over time they
could help motivate some of those code compliance concerns that may be
creating additional harm to the environment, which they couldn' t do
unless they were in the proper City jurisdiction of Edgewater.
Mayor Thomas asked if there was any more discussion. He then asked if
there was any discussion from the public.
The following citizen spoke:
Agnes Witter, 223 Flagler Avenue, identified that was septic tank city
out there and there were a lot of poor people that lived out there.
She felt the people would move out before they could afford to hook up
to the sewer. City Manager Barlow spoke of getting grants that would
help offset those costs, which he has seen done in other rural or
economic challenged area communities in the past. Between DEP and St.
Johns it gave them an opportunity to help them get there.
Mayor Thomas closed the public hearing and entertained a motion.
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Council Regular Meeting
February 3, 2014
Councilwoman Christine Power moved to approve Ordinance No. 2014-0-03,
second by Councilman Mike Ignasiak.
The MOTION CARRIED 4-1-0.
Yes Councilwoman Christine Power, Councilwoman Gigi Bennington,
Councilman Mike Ignasiak, Councilman Gene Emter
No Mayor Michael Thomas
Abstain None
d. 2nd Reading - Ordinance No. 2014-0-04 : Pleasant Wood, LLC,
requesting an amendment to the Comprehensive Plan Future
Land Use Map to include . 46+ acres of land located at 1366
Elizabeth Street and the adjacent parcel to the north as
Low Density Residential
Agenda Request
City Attorney Wolfe read Ordinance 2014-0-04 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. 2014-0-04,
second by Councilman Gene Emter.
The MOTION CARRIED 4-1-0.
Yes Councilwoman Christine Power, Councilwoman Gigi Bennington,
Councilman Mike Ignasiak, Councilman Gene Emter
No Mayor Michael Thomas
Abstain None
e. 2nd Reading - Ordinance No. 2014-0-05: Pleasant Wood, LLC,
requesting an amendment to the Official Zoning Map to
include . 46+ acres of land located at 1366 Elizabeth Street
and the adjacent parcel to the north as R-2 (Single Family
Residential)
Agenda Request
City Attorney Wolfe read Ordinance 2014-0-05 into the record.
City Manager Barlow made a staff presentation.
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Council Regular Meeting
February 3, 2014
Due to there being no Council or public comment, Mayor Thomas opened
and closed the public hearing and entertained a motion.
Councilman Gene Emter moved to approve Ordinance No. 2014-0-05, second
by Councilwoman Christine Power.
The MOTION CARRIED 4-1-0.
Yes Councilwoman Christine Power, Councilwoman Gigi Bennington,
Councilman Mike Ignasiak, Councilman Gene Emter
No Mayor Michael Thomas
Abstain None
f. 1st Reading - Ordinance No. 2014-0-06: Fisherman' s Cove
Builders, LLC, requesting annexation of 23 . 92+ acres of
land located east of US Highway 1, between Douglas Street
and East Ariel Road
Agenda Request ""-
City Attorney Wolfe read Ordinance 2014-0-06 into the record.
City Manager Barlow made a staff presentation. A representative,
Matthew Markovsky, was here tonight if they had any additional
questions .
Mayor Thomas opened the public hearing and asked for Council comment.
Councilwoman Bennington asked how many single family homes were
approved there. City Manager Barlow informed her 63 were approved in
the PUD and further described it was all laid out. All of the
streets, the infrastructure and the lift station was in and the only
thing missing were the houses .
City Manager Barlow confirmed for Councilman Ignasiak that it had
sewers and confirmed for Mayor Thomas that it didn't have a canal
going into the Indian River.
Councilman Emter asked why the properties that were annexing into the
City wanted to be a part of the City and what the attraction here was
that they chose to come into the City. He was informed it was water,
sewer, and the better services the City provided than the County.
City Manager Barlow mentioned one of the primary reasons they wanted
to come into the City was because of their relationship with the
City' s Development Services Department after having been involved with
Coral Trace.
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Council Regular Meeting
February 3, 2014
Matthew Markovsky, 1400 East Oakland Park Boulevard Suite 103, Fort
Lauderdale, spoke of developing Coral Trace and building half of the
homes in there with the other half being built by Adams Homes .
Councilman Emter asked Mr. Markovsky if there was a financial
advantage to annexing into the City of Edgewater. Mr. Markovsky
wasn't sure if there was a financial advantage but there was an
advantage with regard to matters being expedited in the City as
opposed to Volusia County. He informed Council they were keeping it
at 63 units and it was already platted and there were very minor
amendments they were asking for the PUD agreement, which would come
back at the next meeting.
Councilwoman Bennington mentioned this property being at the southern
City limit and questioned how much trouble it would be for the daily
service down there. City Manager Barlow informed her this would be
the first residential they would have that far south but over time
they would be providing police, fire and code enforcement, which was
all part of the growth process .
Mr. Markovsky identified for Councilwoman Bennington when he thought
they would start breaking ground and that the type of homes to be
built would be similar to those in Coral Trace.
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. 2014-0-06,
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
g. 1st Reading - Ordinance No. 2014-0-07 : Jay and Sheila
Gawthrop, requesting annexation of . 31+ acres of land
located at 2401 Swordfish Lane
lk
Agenda Request Z==
City Attorney Wolfe read Ordinance 2014-0-07 into the record.
City Manager Barlow made a staff presentation.
Mayor Thomas opened the public hearing.
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Council Regular Meeting
February 3, 2014
There was a brief discussion regarding this being one of three
properties still in the unincorporated area. They were interested in
annexing in because of the cost of their fire insurance . There had
not been any discussion with the other two enclave properties .
Due to there being no further Council or public comment, Mayor Thomas
entertained a motion.
Councilman Mike Ignasiak moved to approve Ordinance No. 2014-0-07,
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
h. 1st Reading - Ordinance No. 2014-0-08 : Jay and Sheila
Gawthrop, requesting an amendment to the Comprehensive Plan
Future Land Use Map to include . 31+ acres of land located
at 2401 Swordfish Lane as Low Density Residential
Agenda Request
City Attorney Wolfe read Ordinance 2014-0-08 into the record.
City Manager Barlow made a staff presentation.
Mayor Thomas opened the public hearing.
City Manager Barlow confirmed for Councilwoman Power that there were
another two properties off of Palm Breeze that were still in the
unincorporated area.
Due to there being no further Council or public comment, Mayor Thomas
entertained a motion.
Councilman Gene Emter moved to approve Ordinance No. 2014-0-08, 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 . 1st Reading - Ordinance No. 2014-0-09: Jay and Sheila
Gawthrop, requesting an amendment to the Official Zoning
Map to include . 31+ acres of land located at 2401 Swordfish
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Council Regular Meeting
February 3, 2014
Lane as R-2 (Single Family Residential)
Agenda Request
City Attorney Wolfe read Ordinance 2014-0-09 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 Christine Power moved to approve Ordinance No. 2014-0-09,
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
9. BOARD APPOINTMENTS
a. Recreation/Cultural Services Board - Councilman Ignasiak' s
appointment due to the expired term of Debra Sopko, who is
seeking reappointment
Agenda Request J"
Councilman Ignasiak learned when researching this that they had a
second position open. He asked if they wanted to make that
appointment at the same time. City Manager Barlow recommended if
Council was on board with this, to go ahead and appoint the fifth
person as well since they had two very qualified applicants . He spoke
with Jack Corder who had no problems with that.
Councilwoman Bennington suggested Councilman Ignasiak appoint one and
then the other. City Clerk Wenzel pointed out if they go with the way
they normally do appointments the second appointment would move to
Councilman Emter. Councilman Ignasiak had no problem with that.
Councilman Mike Ignasiak moved to approve the reappointment of Debra
Sopko to the Recreational/Cultural Services Board, second by
Councilwoman Gigi Bennington.
The MOTION APPROVED 5 - 0.
Yes Mayor Michael Thomas, Councilwoman Christine Power,
Councilwoman Gigi Bennington, Councilman Mike Ignasiak,
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Council Regular Meeting
February 3, 2014
Councilman Gene Emter
Mayor Thomas asked Councilman Emter if he was prepared to nominate the
second appointment. Councilman Emter informed him once he found out
what the name was . Councilwoman Power asked if it was Katie Mullins .
Councilman Ignasiak confirmed for City Manager Barlow that he was
leaning towards Katie Mullins but also commented on the credentials of
the other individual as well . City Manager Barlow identified Katie
Mullins had approached him quite some time ago that she wanted to get
involved in the City of Edgewater. He mentioned she was educated and
had a connection with the Embry Riddle Aeronautical Insitute.
Councilwoman Power mentioned her name was Katie Hayward Mullins as
City Manager Barlow did not originally recognize the name Mullins as
she had been remarried since he spoke with her.
Councilman Gene Emter moved to appoint Katie Mullins to the
Recreational and Cultural Services Board, 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
10. OTHER BUSINESS
a. Approval of Settlement Agreement with Old Republic
Insurance Company for payment of delay damages under the
payment and performance bond issued for construction of
Fire Station #55
Agenda Request "-
City Manager Barlow made a staff presentation. A final settlement had
been offered to the City in the amount of $39, 000 to settle the delay
claim. Staff recommended they honor that settlement negotiation so
they can close this project and move on.
City Manager Barlow confirmed for Councilwoman Power that to the best
of his knowledge the subcontractors that had claims had been paid. He
also confirmed for Councilwoman Bennington that the $17, 000 was going
to pay all of their legal expenses .
Councilman Emter questioned if the contractor would be out of business
and could not get another bond and were discredited throughout the
industry. City Attorney Wolfe thought that would be the case.
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Council Regular Meeting
February 3, 2014
There was a discussion regarding the bonding company having the right
to go after the contractor.
City Manager Barlow spoke of being prepared and managing the project
by retaining 10%, keeping in contact, communications and
documentations that allowed them to get to this settlement.
Due to there being no further Council or public comment, Mayor Thomas
entertained a motion.
Councilwoman Gigi Bennington moved to approve the Settlement Agreement
with Old Republic Insurance Company for payment of delay damages under
the payment and performance bond issued for construction of Fire
Station #55, 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 to enter into an Affiliation Agreement with
Daytona State College for the Emergency Medical Technical
and Paramedic students
Agenda Request =
City Manager Barlow made a staff presentation.
Due to there being no Council or public comment, Mayor Thomas
entertained a motion.
Councilwoman Christine Power moved to authorize entering into an
affiliation Agreement with Daytona State College for the Emergency
Medical Technical and Paramedic students, 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
c. Request to deem Parcel 8402-01-06-2290 on Date Palm Drive
as surplus property; approving the sale in the amount of
$3, 000 with the purchasers paying all closing costs and
authorizing the Mayor to execute the associated closing
documents
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Council Regular Meeting
February 3, 2014
Agenda Request ' .
City Manager Barlow made a staff presentation.
Councilwoman Bennington had no problem with it since it was surplus
property.
Councilman Ignasiak questioned there being any problem subdividing the
lot. City Manager Barlow informed him they could subdivide as long as
they were going to adjoin to the adjacent properties . The interested
parties were present at the meeting.
Mayor Thomas asked if they were each getting 20 feet. City Manager
Barlow informed him the purchasers of the property would decide who
gets what. He didn' t think it was the City' s recommendation to divide
it down the middle as long as the purchasers worked it out which he
thought they had.
Mr. Rosler representing the purchasers asked if there was any
possibility of talking about the purchase price as he was involved in
this a little late. He felt it wasn't doing the City any good and
they weren't collecting any taxes on it. He felt cleaning up the
property would benefit the town and the street they live on. Cleaning
up the property was going to cost them some money. He knew the City
purchased it for $100 but he wasn't sure where the $3, 000 came from.
City Manager Barlow asked if both sides of the property were present,
which they were . He asked them to disclose their names and address .
The names of the individuals were John Rosier at 2334 Date Palm Drive
and William Salter at 2330 Date Palm Drive.
Councilwoman Power pointed out the value of the property was $5, 400 .
Ms . Roster felt the value was zero. Councilwoman Power was talking
about on the tax roll .
Mayor Thomas spoke of being fortunate enough to buy the two lots next
to him. He felt at $3, 000 the purchasers were getting a steal. Mr.
Rosler pointed out this was a non-conforming lot. Mayor Thomas
understood it was a forty-foot lot that couldn't be built on.
Councilman Ignasiak felt the property value would go up as they
expand.
Councilwoman Bennington suggested giving them the property for $2, 500 .
City Manager Barlow suggested considering attaching a time-line to it
if they reduced the cost.
Councilwoman Bennington asked how long they thought it would take to
clean it up. Mr. Rosier estimated within a year' s time. Councilwoman
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Council Regular Meeting
February 3, 2014
Bennington was willing to drop it to $2, 500 within the year if they
clean the lot. Mayor Thomas asked if he heard a second to that.
Councilman Emter suggested to amend it to say December 31st by the end
of this year but he also felt there had to be some stipulation as to
what the degree of improvement might be. He didn't know if Code
Enforcement would have any say in that or not. City Manager Barlow
pointed out as a vacant piece of property it was in compliance. Once
they clear it then they have to maintain it. Code Enforcement
wouldn't have any legal jurisdiction to enforce whatever stipulation
they put on it.
Councilman Ignasiak felt they were getting technical . He could
understand and he could second if they wanted to drop to $2, 500 with a
provision that the improvements and clearing out would be done no
later than December 31, 2014 . Councilwoman Power would second that.
Mayor Thomas asked for all in favor at which time Council responded I .
There was some confusion as to what was going on with regard to the
voting process .
Ms . Rosler questioned what would happen if it wasn't done by the end
of the year. Councilwoman Bennington informed her they would have to
pay the other $500 .
City Manager Barlow identified the motion was they would sell it for
$2, 500, the purchasers would need to make significant improvements as
far as clearing by December 31, 2014 . If not technically the City
could come back and expect that additional $500 .
City Clerk Wenzel asked for a roll call vote. Mayor Thomas informed
her there were five I ' s . City Manager Barlow felt they probably
needed to do a roll call .
Councilman Emter asked who made the motion. Councilwoman Bennington
stated she did. Councilwoman Power stated she was the second.
The VOTE PASSED 5-0.
Yes Mayor Michael Thomas, Councilwoman Christine Power,
Councilwoman Gigi Bennington, Councilman Mike Ignasiak,
Councilman Gene Emter
d. Award of the Retail Feasibility, Strategic Planning and
Recruitment Contract to Retail Strategies, LLC and
authorization for the City Manager to negotiate and execute
the contract
16
Council Regular Meeting
February 3, 2014
Agenda Request
City Manager Barlow made a staff presentation.
Councilwoman Power commented on Team Volusia and felt what they were
trying to do didn't go against what Team Volusia was trying to do and
kind of went hand in hand from a different angle. City Manager Barlow
identified that some of the findings would help Team Volusia. This
was a little different than what Team Volusia does but he felt it was
compatible.
City Manager Barlow identified for Mayor Thomas that this was a three
year contract; the first year was $40, 000 and years two and three were
$20, 000 a piece .
Councilman Emter questioned if they had a back out clause . City
Manager Barlow informed him there was a version of a termination
clause in the contract. City Attorney Wolfe further described what
the termination clause was.
Mayor Thomas wouldn't mind doing it on a trial basis but didn't want
to commit to three years . City Manager Barlow also had some of those
concerns but when it came to economic development he felt it took a
long time. He further described an article that was in the newspaper
over the weekend regarding a Canadian company that Team Volusia had
been working with for the last two years to get them to relocate to
Volusia County.
Councilman Ignasiak liked this because it was about Edgewater and not
about the County or Team Volusia. He felt this will help them refine
their focus and develop the opportunities through the tools they were
going to develop which they needed. He has not been a proponent of
Team Volusia because he felt their interests and the Council ' s
interests were not in line. He felt this was an opportunity that
specifically targeted Edgewater, looked at their needs and where they
wanted to go. Councilwoman Bennington didn't see how they could lose.
City Manager Barlow spoke of negotiating a 25-mile exclusivity to the
City of Edgewater in which they cannot engage a contract with anyone
else with the exception of Daytona, who they already had something
secured with but was a different tourism market.
Councilman Emter felt it sounded like a good process that would
provide valid information if they did their job. He was not opposed
to Team Volusia but he felt their goals were somewhat different.
Councilwoman Power felt looking forward, if Farmton and Restoration
were willing to come up with half of the money they wouldn' t be on the
hook the next two years after that for the whole thing, which she felt
was a bonus .
17
Council Regular Meeting
February 3, 2014
Due to there being no further Council or public comment, Mayor Thomas
entertained a motion.
Councilwoman Gigi Bennington moved to authorize the award of the
Retail Feasibility, Strategic Planning and Recruitment Contract to
Retail Strategies, LLC and authorization for the City Manager to
negotiate and execute the contract and make the necessary budget
amendments, 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. Discussion and direction to staff regarding a November 2014
voter referendum to determine if the City may grant tax
exemption for new and/or expanding businesses
Agenda Request =
City Manager Barlow made a staff presentation. He needed staff
direction if this was something Council was interested in. He would
work with Janet Shira and City Attorney Wolfe to draft some language
and bring it back to Council in ordinance form that they would pass
and put on the ballot. They would have to make a decision by the June
2nd Council meeting so it could be submitted to the Elections
Supervisor before June 20th in order to be on the ballot. He didn't
believe there was any additional cost to have the language on the
ballot. City Clerk Wenzel identified there was not because the polls
would already be open for a regular election.
City Manager Barlow asked Council if they wanted the exemption to only
be eligible for certain areas or the whole City. He recommended they
open it up to the whole City. He asked Council if they wanted the
exemption to be eligible for new and expanding, which was his
recommendation. He asked how many years of exemption and/or do they
reduce the exemption over a period of time, which they could leave
loose until they did the ordinances individually with the individual
businesses .
Councilman Emter commented on why he felt it was a no-brainer and was
all win and no lose.
Councilwoman Power asked if five years was a general rule of thumb and
if that was what other cities had done. City Manager Barlow commented
on treating each one individually. Councilwoman Power pointed out the
ten jobs was a State mandate and felt if in two years they only have
18
Council Regular Meeting
February 3, 2014
seven people working and then they hit them with having to pay all of
the taxes that it wouldn' t help them. City Manager Barlow didn' t
think the State gave them an option.
Councilwoman Bennington felt if a business couldn' t make it in five
years that a business wouldn't make it. She also mentioned the IRS
depreciating property/equipment purchased by new businesses . City
Manager Barlow spoke of a tax bill that was passed last year that was
a three-year exemption on new tangible taxes for new manufacturing
businesses as well so that would happen regardless of what the Council
did.
Councilman Ignasiak liked this . He felt it almost dove tailed with
the financial analysis tool they just decided they wanted to go with.
He felt for most businesses the critical years are the first two or
three years and most businesses fail for lack of capitalization.
These things addressed those issues to draw new businesses in. He
further described why he felt it this should be done city-wide.
Councilwoman Bennington questioned how they were going to sell this to
the voters . City Manager Barlow spoke of it not being as much selling
the initiative verses educating the public who makes the decision at
the poll. He spoke of working with the Economic Development Board,
the Chamber, and the Economic Development Coordinator to educate those
going in so when they make that vote they are educated on what they
are voting on.
Councilman Emter felt however they shake it, he didn't see how they
could provide a negative to the project. People would vote no on
anything but he felt it would help if there was a logical progression
and a benefit to be obtained by the City.
Councilwoman Power felt it had to be worded so it was comprehensible.
City Manager Barlow identified Statute gives some regulation on the
language and the Elections Supervisor also only gives them so much
space.
Mayor Thomas entertained a motion.
City Clerk Wenzel didn't think they needed a motion. City Manager
Barlow informed Council he needed consensus and he would work with
Janet Shira and City Attorney Wolfe.
Councilwoman Bennington questioned if Council wanted to give them a
ten-year exemption but felt five years was plenty for an exemption.
Councilman Ignasiak felt the devil was in the details . It would
sunset in ten years whether they liked it or not by State law. City
Manager Barlow further explained when they go to an election that was
19
Council Regular Meeting
February 3, 2014
just to give the tax exemption. Each individual business comes before
Council and Council decides how long.
Councilman Emter felt in general that a five-year abatement was
rational .
Mayor Thomas confirmed with City Manager Barlow that he had the
direction he needed.
11. OFFICER REPORTS
a. City Clerk
City Clerk Wenzel identified the Election was on Tuesday, November 4th
and they had a Council meeting on Monday, November 3rd. The Elections
Department always brings all of the voting equipment to the polling
places, which Council Chambers was one, the day before and sets up.
Once the equipment is set up nobody can enter the room for security
reasons . The Elections Department has asked her if they could move
the City Council meeting date for November. She was leaving it up to
Council to tell her what they would like to do. The other option was
they could come once the meeting was done and set up.
City Manager Barlow asked if the meeting was moved what she would
recommend. City Clerk Wenzel recommended November 10th or November
17th. It was the consensus of Council to move the meeting to November
10th. City Clerk Wenzel agreed to let the Elections Department know
and to update all of their documents .
City Clerk Wenzel informed Council her meetings with the County
Elections office started this month.
City Clerk Wenzel was also going to mention the Princess Ball but
Councilwoman Power beat her to it.
b. City Attorney
City Attorney Wolfe had nothing at this time.
c. City Manager
City Manager Barlow informed Council of some upcoming events . On
February 7th at 7 : 45 a.m. was a County Quarterly Economic update .
Those who were interested in attending were welcome to ride with him
to the meeting. On February 11th at 2 p.m. was a Special Meeting to
award the Capital Improvement RFP so they had time to do the agreement
and have it back before Council at the March meeting. Also on
February 11th at 5 p.m. was the Spaceport meeting at New Smyrna Beach
High School . February 12th at 10 a.m. was the Daytona State College
20
Council Regular Meeting
February 3, 2014
Barber School Ribbon Cutting at the Edgewater Campus . February 18th
at 12 noon was the Chamber Lunch & Learn. They also had a couple
workshops in March with the Planning & Zoning Board, Economic
Development Board and the City of New Smyrna Beach.
Councilwoman Power disclosed on Valentine ' s Day she and Councilman
Emter were going to the Mount Dora CRA one on one. City Manager
Barlow felt they would find that class extremely beneficial and very
informative. City Manager Barlow agreed to have a City car issued to
them.
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 : 08 p.m.
Minutes submitted by:
Lisa Bloomer, CMC
Attest: APPROVED:
City of E. -. ater, Florida
01 4110111
y s
rev'
Bonnie Wye 41, City Clerk Mi*hael L. Thomas, Mayor
t
21
Council Regular Meeting
February 3, 2014
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