Loading...
04-07-2014 - Regular CITY COUNCIL OF EDGEWATER REGULAR MEETING April 7, 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 a. Special Meeting of February 3, 2014 Minutes 7 Councilman Mike Ignasiak moved to approve the Special Meeting minutes of February 3, 2014, 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. Regular Meeting of February 3, 2014 Minutes Councilman Gene Emter moved to approve the minutes of the Regular Meeting of February 3, 2014, second by Councilwoman Christine Power. 9 Council Regular Meeting April 7, 2014 The MOTION APPROVED 5 - 0. Yes Mayor Michael Thomas, Councilwoman Christine Power, Councilwoman Gigi Bennington, Councilman Mike Ignasiak, Councilman Gene Emter C. Special Meeting of February 11, 2014 WAS Minutes Councilwoman Christine Power moved to approve the Special Meeting minutes of February 11, 2014, 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. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a. Mayor Thomas to proclaim April as Water Conservation Month Mayor Thomas read a proclamation into the record proclaiming April as "Water Conservation Month. " b. Mayor Thomas to issue proclamation observing April as Safe Digging Month Mayor Thomas read a proclamation into the record proclaiming April as "Safe Digging Month. " C. Award certificates to Drop Savers Poster Contest winners Tyna Hilton commented on the Drop Savers Poster Contest. She further explained that the first place winners had been submitted to the State and that that award announcement would come later in the month. Mayor Thomas presented certificates to the first, second and third place winners. Ms. Hilton thanked everybody. Mayor Thomas felt the education about water conservation was of the utmost importance. Mayor Thomas excused the children and their families at this time. d. James Halleran of James Moore & Company to present the FY 2013 Comprehensive Annual Financial Report James Halleran, James Moore & Company, introduced Venetia Charles, a student at Bethune Cookman University, who was shadowing him to see s Council Regular Meeting April 7, 2014 what they do at the end of an audit. He then presented the City's FY2013 Audit by going through the attached PowerPoint Presentation. During the presentation Mr. Halleran answered questions presented by Councilwoman Bennington, Councilwoman Power, and Councilman Ignasiak. Councilman Ignasiak was very happy with the status they were at right now. He congratulated Finance Director McKinney. He was a little disturbed at the way they were going to look at things, especially with unfunded liabilities. He further spoke of it being applied across the board and everybody being looked at in the same way. City Manager Barlow identified everyone was in the same boat and if they were compared to other similar cities he felt they were as equal or better in most cases. Mr. Halleran pointed out the General Employees Defined Benefit Plan was closed. City Manager Barlow identified they could see the light at the end of that tunnel and further spoke of not recurring or incurring new liabilities with those general employees. Councilman Emter was most impressed with the reduction of the difficulties internally. He thought that spoke of Mr. McKinney' s management of the financial structure of the City. 4. CITIZEN COMMENTS The following citizens spoke: Joe Sullivan, Executive Director, Boys & Girls Club of Volusia/Flagler County, told the Council about who they are and what they do. Club Director, Rex Hoffman, was also present. Mr. Hoffman thanked Mr. McKinney and further commented on how much fun they had at the event on Friday night. Councilwoman Bennington felt they would have to remember them when they had the Fall Festival/Haunted Forest. Mr. Sullivan thanked the Council for staff that was provided when they did the Farm Share event at the Edgewater United Methodist Church. Tony Beazley, hot dog stand owner, asked for permission to vend at Menard Park after being told it was against the law. He was looking for direction on how he could do this and if it wasn't allowed how he could change it. City Manager Barlow suggested he contact Janet Shira. Some time ago they did a pilot program to allow stand up paddle board rentals there. Last Saturday he was on Riverside Drive and he was amazed at how much activity now was occurring at Menard Park. Just like they did with selecting a vendor to do the paddleboards they would have to solicit that bid. Between Staff and Council' s selection they would select one vendor that could do that. If they were ready to go to the next step and try doing some food vending there, they could start to put together a program that Council would bid out that would be brought back to them. cS Council Regular Meeting April 7, 2014 Mr. Beazley then told Council about his business. City Manager Barlow felt if it was appropriately controlled that it could be hit for there. He agreed to work with Janet Shira to put something together. Councilwoman Bennington questioned if the plan that would be brought back was just to address Mr. Beazley's request or if they were going to have a future plan if they wanted to expand. City Manager Barlow recommended they consider a single vendor and see where that goes. Councilwoman Power asked if it would be ongoing or for a year. City Manager Barlow informed her they would have a time certain with the ability to terminate at any time. It was the consensus of Council for a program to be put together that would be brought back to them and bid out with regard to having a food vendor at Menard Park. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA There were no Changes/Modifications to the agenda at this time. 6. CITY COUNCIL REPORTS Councilman Emter reported on March 6th he had the opportunity to speak to the Edgewater Landing Homeowners Association on Council and City actions. On March 14th and 15th he attended the ribbon cutting of the Business Expo. The next day he spent the afternoon in the City' s booth. On March 26th he was not able to attend the TPO meeting but he spoke with the Executive Director to discuss any business action that took place. There was nothing of particular importance to report. On March 27th he attended the Volusia Council of Governments dinner in Port Orange. On March 31st he along with Janet Shira, City Manager Barlow and Samantha Bishop from the Chamber of Commerce had the opportunity to meet with Volusia County Chair Jason Davis to inform him of the CRA, the importance of the program to Edgewater, the anticipated capital expenditures, the funding and the compliance of the program with the County requirements. The following day they met with County Council Representative Joyce Cusack and went over the same program for her. On April 2nd he attended the Economic Development Board meeting and the Eagle Scout award dinner honoring Mayor Thomas. On April 3rd they attended the afternoon session of the County Council meeting. On April 4th, he had an opportunity to attend a planning session with Bliss Jamison and Development Services Director Darren Lear where they had a chance to review the long range transportation program submissions that were coming up and would be submitted to the TPO. Councilwoman Power commented on seeing the movie Frozen at Hawks Park. She missed the Expo but she did make it to the carnival on Sunday. She went to the Scholarship meeting last Wednesday. Edgewater was going to award four $1,250 scholarships to kids who live in Edgewater and were graduating from New Smyrna Beach High School. Council Regular Meeting April 7, 2014 Councilwoman Bennington was glad to be back as she had been out sick for about six weeks. Councilman Ignasiak attended the ribbon cutting for the Business Expo as well as the Expo itself, the Joint City Workshop with the cities of New Smyrna and Oak Hill regarding the CRA, transportation and the river issues, the YMCA Board meeting, the YMCA Pool Opening, the League of Cities Dinner in Port Orange, the Night Market, including the Easter Egg Hunt, the Rotary Chili Contest, and the Eagle Scout Award dinner honoring Mayor Thomas. Mayor Thomas attended the VCOG meeting on the last Monday of the month. Mayor Thomas was proud they had $309, 000 in the budget for stormwater runoff. City Manager Barlow identified the monthly stormwater rate was increased $1 a couple of years ago which has helped them. At the request of Councilwoman Bennington, Mayor Thomas commented on the Eagle Scout award dinner that was held in his honor. 7. CONSENT AGENDA a. Authorization for the City Manager to execute contracts for Continuing Professional General Engineering Services to Kimley-Horn and Associates Agenda Request Councilman Mike Ignasiak moved to approve the Consent Agenda, 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 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. Resolution No. 2014-R-06: A Resolution initiating the process of negotiating an Interlocal Service Boundary Agreement with the County of Volusia. (This item added 4/4/14) Agenda Request City Attorney Wolfe read Resolution 2014-R-06 into the record. Council Regular Meeting April 7, 2014 City Manager Barlow made a staff presentation. City Manager Barlow stated this Resolution only initiates the process with Volusia County. He added that this is very similar to what New Smyrna Beach negotiated with the County last year. This only informs the County that the City is interested in a similar agreement. The City and County would jointly decide on the boundary area. City Manager Barlow suggested that the City of Oak Hill also be invited to the meetings to discuss the boundary area. City Manager Barlow stated there have been many conversations with the Utilities Commission and they are close to completing the boundaries to the north. Councilman Ignasiak asked what the timeline was. City Manager Barlow stated that with involving the County and the City of Oak Hill he pretty much loses control of the timeline, but would work diligently. He further stated that he hopes this process will also clear up some of the utility service issues to the south. Mayor Thomas opened the public hearing. There was discussion regarding the process and timeframe for New Smyrna to finalize their Agreement with the County. A resident stated the citizens got burned last year with Edgewater and New Smyrna having their fireworks on the same night. Due to there being no further comments Mayor Thomas closed the public hearing and entertained a motion. Councilman Gene Emter moved to Approve Resolution No. 2014-R-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 b. 2nd 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. (This item was continued from the March 3, 2014 meeting) Agenda Request City Attorney Wolfe read Ordinance 2014-0-06 into the record. City Manager Barlow made a staff presentation. He stated this was a 63- unit development located at the southern part of Edgewater. All infrastructure is complete for the development. The project has Council Regular Meeting April 7, 2014 recently been purchased by a developer that has completed a project in Edgewater in the past and they have requested voluntary annexation of the property. First reading was held back in February, since first reading a letter of objection was received from the City of Oak Hill and from Volusia County. The letters were acknowledged at the March meeting and instruction was given to the attorney to evaluate the issues and report back to Council. City Manager Barlow also informed Council that a second letter, dated April 2 from Mary Ann Conners Deputy County Manager, was received discussion the objection and recommending an ISBA. City Attorney Aaron Wolfe informed Council of the objections made, including whether or not the property is contiguous. He stated the subject parcel is contiguous to previously annexed right of way on US 1. It would be a matter of interpretation for a court to determine whether or not it was contiguous to meet the definition under the statute. He believed the City has a solid argument that the property is contiguous. The county argues it is not because it is right of way. City Attorney Wolfe stated he has not seen any cases on point construing that issue. Another objection is that the property is not reasonably compact, also defined in the Statute. He does not see the property as not being compact. Another objection is that this would create an enclave. He stated ultimately these are matters for a court to decide, however he felt the City had strong arguments to meet the definitions in the Statute. City Manager Barlow stated this was brought up at the April 3 County Council meeting by their Staff. He felt County Councils position as to work this out. Their final motion was to the effect of filing an objection and suggest an ISBA be pursued to resolve the issue, which Council initiated tonight. He stated based on the City Attorney's finding staff' s recommendation would be to move forward on second reading. Mayor Thomas opened the public hearing. Councilman Ignasiak stated there were two issues; several years ago the land was annexed into the City with no objection from the County and basically gave the City the right of way down to Ariel Road; Edgewater has been providing maintenance and law enforcement in that area for years; this is not a piece of land we went after, this is a piece of land that came to us, the owners of the property have come and asked to be part of our city. Looking at these factors Councilman Ignasiak felt moving forward with the annexation was the right thing to do. Councilman Emter stated he was in agreement with Councilman Ignasiak, the owner of the development made his petition for annexation. The legal elements have been looked at and as Mr. Wolfe indicated it could Council Regular Meeting April 7, 2014 be for a court to decide. He stated due to the legal analysis he saw no prohibition to moving ahead with the annexation. Councilwoman Bennington had no objection to the annexation. Councilwoman Power stated she listened to the County Council meeting and did seem a surprise to them and their take was to work toward the ISBA. Due to no further comments or public comment Mayor Thomas closed the public hearing and entertained a motion. Councilman Mike Ignasiak moved to Approve Ordinance No. 2014-0-06, 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. lst Reading - Ordinance No. 2014-0-10: Amending Article 10 (Health, Sanitation, Property Maintenance and Code Enforcement) of the Code of Ordinances Agenda Request '' City Attorney Wolfe read Ordinance 2014-0-10 into the record. City Manager Barlow made a staff presentation. He stated Code Enforcement probably uses this Chapter more than any other and the majority has to do with property maintenance. He then ran through the significant amendment; definitions moved to beginning of Chapter; how dead or damaged trees are addressed; how public nuisance and gang activity on properties can be handled as it relates to Code Enforcement; allowing for a magistrate to hear code cases; location where vehicles can be parked on residential property; who can reduce code fines; notices; and expediting the process for property issues. Mayor Thomas opened the public hearing. Councilwoman Bennington stated this was a very comprehensive update. She stated she recently saw a "mother-in-law pod" on television. She stated this may need to be addressed. City Manager Barlow stated that would be addressed in the Land Development Code under permitted uses and new developments address it also. Agnes Witter, 222 Flagler Avenue, wondered if this would solve the problem of her neighbor who is a hoarder. City Manager Barlow stated Council Regular Meeting April 7, 2014 no and the Council would never have that right. He stated there are property rights laws related to one' s home. Councilwoman Bennington asked if this would address vehicles in the yard. City Manager stated yes if they were inoperable. Councilman Emter stated the detail is quite impressive. He spoke of a balance being needed between what the Code says and what he sees along US 1. City Manager Barlow stated you have to reasonably be able to apply the code. He stated you can have extremely heavy handed Code Enforcement go through US 1 and blighted areas and do Code Cases on all of them and he explained the consequences of this process. Councilman Emter encouraged Code Enforcement to continue to go after blighted properties in a way that will help improve our community. Debra Rogers, 510 S. Riverside Drive, questioned the removal of the definition of structure. City Manager Barlow stated the definition of structure was on page 12. Mrs. Rogers clarified the types of business vehicles permitted in residential areas. Mrs. Rogers then questioned the "intent' of the Code on page 53. City Manager Barlow clarified that was the intent of the Code Compliance process. Councilwoman Bennington addressed Ms. Witter and stated Section 10-256 addresses infestation. She asked if there were rats running from a house would that be cause for Code Enforcement to enter. City Manager Barlow stated it would not, there has to be a very good reason to enter property, it is a very fine line. There were no further public or Council comments therefore Mayor Thomas closed the public hearing and entertained a motion. Councilwoman Gigi Bennington moved to Approve Ordinance No. 2014-0-10, 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 d. lst Reading - Ordinance No. 2014-0-12 : Amending the Comprehensive Plan to include the Capital Improvements Element (CIE) and the accompanying Capital Improvements Program (CIP) Agenda Request City Attorney Wolfe read Ordinance 2014-0-12 into the record. City Manager Barlow stated the amendment was done once a year. He stated the Ridgewood Sidewalk project was added since the agenda was finalized. Council Regular Meeting April 7, 2014 Mayor Thomas opened and closed the public hearing and entertained a motion. Councilman Gene Emter moved to Approve Ordinance No. 2014-0-12, 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. 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 stated first reading for this item was in February and the property was annexed last month. Mayor Thomas opened and closed the public hearing. Councilman Mike Ignasiak 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 f. 2nd 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 Lane as R-2 (Single Family Residential) Agenda Request 7 City Attorney Wolfe read Ordinance 2014-0-09 into the record. City Manager Barlow stated this was also second reading for the zoning amendment for the same parcel of land in which the Future Land Use s$ Council Regular Meeting April 7, 2014 designation was amended. He stated there presently is a structure on the property and was voluntarily annexed into the City. Mayor Thomas opened and closed the public hearing. Councilwoman Christine Power moved to Approve Ordinance No. 2014-0-09, 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. 2nd Reading - Ordinance No. 2014-0-11: Calling a Referendum to be held on November 4, 2014 General Election on the question of Economic Development Ad Valorem Tax exemptions Agenda Request X. City Attorney Wolfe read Ordinance 2014-0-11 into the record. City Manager Barlow this was second reading and the Ordinance only allows the question to be placed on the November election. Mayor Thomas stated that if there were any questions to send it to the voters for full transparency and no one will feel locked into anything. He felt the voters will need to be educated on this item. City Manager Barlow stated regarding transparency, they are not required to do two readings to have the item placed on the ballot. He felt this was a very transparent way to do it, it has been advertised and the public has had opportunity to see it. Councilman Emter spoke of the false impression that this will increase the tax imposed on other residents, which is inaccurate. He stated it is structured and the way it would be negotiated for any business to achieve an abatement approval would not increase taxes in any other part of the city. He felt this needs to be re-stated over and over again. Councilwoman Power asked if this would only come up if a business added new jobs. City Manager Barlow stated if they added new jobs or was in the brownfield area, they are abating taxes on any expansion of their business. It gives an opportunity to abate taxes for up to a ten year period, this is negotiated and there are several rules attached. He added that this was the first step to see if they can even negotiate with businesses. ss Council Regular Meeting April 7, 2014 Mayor Thomas opened and closed the public hearing. Councilwoman Gigi Bennington moved to Approve Ordinance No. 2014-0-11, 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 h. Resolution No. 2014-R-07: Approval of the Local Agency Program (LAP) Agreement between the City and the Florida Department of Transportation to facilitate construction of the SR 5 (US 1) Sidewalk project from Volco Road to the northern city limits of Edgewater (10th Street) and authorization for the Mayor to execute said agreement Agenda Request City Attorney Wolfe read Resolution 2014-R-07 into the record. City Manager Barlow stated they have been working on this since the late Councilman Cooper landed the grant. This is accepting the $1 .1 million for the project. They should receive 100% plan approval this week. He added the utilities in front of the cemetery will most likely be underground due to the nature of the property. If the City buys the shrubs the cemetery owners will allow them to do landscaping between the sidewalk and cemetery. Mayor Thomas opened the public hearing. Councilman Emter asked about the payment for the underground utilities. City Manager Barlow stated that would be out of the city's pocket, but they were able to negotiate a very good deal. Mayor Thomas closed the public hearing and entertained a motion. Councilwoman Christine Power moved to Approve Resolution No. 2014-R- 07, 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 i. Resolution No. 2014-R-09: Identifying Future Transportation, Bicycle and Pedestrian System Needs and ss Council Regular Meeting April 7, 2014 Requesting inclusion of the Identified Needs into the Volusia County Transportation Planning Organizations Long Range Transportation Needs Plan. (This item added 4/4/14) Agenda Request 7 City Attorney Wolfe read Resolution 2014-R-09 into the record. City Manager Barlow stated this was a process started several years ago, where Council identified future transportation needs within the city. Adopting the needs by Resolution gives them a little more power when they go out to get grants. He then went over the changes from previous years. Mayor Thomas opened the public hearing. Councilwoman Power stated she hoped it did not take 35-years to get a traffic signal at Turgot. Councilman Emter stated their intention was to get everyone one of those on the Long Range Transportation Plan. Once it is on it can be fast-tracked. Mayor Thomas closed the public hearing. Councilwoman Christine Power moved to Approve Resolution No. 2014-R- 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. Library Board - Councilwoman Bennington' s appointment due to the expired term of Larry Middleton. (This item was continued from the March 3, 2014 meeting) Agenda Request Councilwoman Gigi Bennington moved to Appoint Larry Middleton to the Library Board, second by Councilwoman Christine Power. The MOTION APPROVED 5 - 0. Yes Mayor Michael Thomas, Councilwoman Christine Power, 9v Council Regular Meeting April 7, 2014 Councilwoman Gigi Bennington, Councilman Mike Ignasiak, Councilman Gene Emter b. Citizen Code Enforcement Board - Councilman Emter' s appointment due to the expired term of Glenn Barnhill, who is seeking reappointment Agenda Request L Councilman Gene Emter moved to Appoint Glenn Barnhill to the Citizen Code Enforcement Board, 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 10 . OTHER BUSINESS a. Authorization for the City to enter into an agreement with the Southeast Volusia Humane Society and authorization for the Mayor to execute said agreement Agenda Request City Manager Barlow stated this was to allow them to accept the spillover from our shelter. Due to the cost associated with the SEV Humane Society taking our animals an agreement needed to be approved. The agreement allows for the spillover to be accepted there on a voucher system, which will be budget for. The agreement also include rules on how they receive and keep animals is very similar to the agreement with the Edgewater Shelter. Mayor Thomas asked what our capacity was for dogs and cats. Chief Cousins stated they stayed fairly full with cats and that is one of the reasons for the TNR program. They currently stay fairly full with dogs but usually have room for more. Chief Cousins estimated there would only be 15-20 animals brought there throughout the year. Councilwoman Bennington felt that estimate was very low. Chief Cousins commented on the colony program that has started. City Manager Barlow stated that was part of the reason for the vouchers, they can only take as many animals as the vouchers allowed for. Councilwoman Bennington asked about the service fee and the per day rate. She questioned the city paying for dogs that have been at the shelter for years. Councilwoman Bennington was concerned that the original contract was broken with SEV Humane Society because of s� Council Regular Meeting April 7, 2014 euthansia of animals, and now we are back to brining animals back to them. City Manager Barlow stated the agreement could be re-negotiated with our shelter to determine how long an animal can be kept there. Councilwoman Bennington stated she was an animal lover and understood that there were circumstances where they did have to euthanize, but they have to enter into this new agreement because the shelter is privatized and felt that needs to be looked at. City Manager Barlow stated there are more adoptions now than when the City ran the shelter. He stated the situation is getting better due to the change in the economy. He stated this agreement with SEV Humane Society is to be fair to them. There being no further discussion Mayor Thomas entertained a motion. Councilman Mike Ignasiak moved to approve on the consent agenda the City to enter into an agreement with the Southeast Volusia Humane Society and authorization for the Mayor to execute said agreement, second by Councilwoman Christine Power. The MOTION CARRIED 4-1-0. Yes Mayor Michael Thomas, Councilwoman Christine Power, Councilman Mike Ignasiak, Councilman Gene Emter No Councilwoman Gigi Bennington Abstain None b. Review of the countywide joint-funding of a Strategic Action Plan to Reduce Homelessness in Volusia County and authorization of the $2, 097 contribution towards the plan Agenda Request Mayor Thomas stated this was part of our per capita and most of the cities were doing this. City Manager Barlow stated homelessness was an issue in most of Volusia County and Daytona Beach has taken the lead and hired a consultant to study this. They have requested assistance from all cities. He added that we have homeless in our community as well. Councilwoman Bennington asked where the money would be appropriated from as it was not budgeted. City Manager Barlow stated Mr. McKinney would take care of it from the General Fund. Councilwoman Bennington suggested making it an even $3000. Councilwoman Power stated this was just for the study. Agnes Witter, 223 Flagler Avenue asked who this money was going to. City Manager Barlow it would go to the City of Daytona Beach, they were paying $50, 000 for the study and this would help off-set some of s4 Council Regular Meeting April 7, 2014 that cost. She further spoke about the Volusia-Flagler Coalition for the homeless. City Manager Barlow stated the man hired to the study completed a successful plan for Pinealas County. He also addressed the Coalition and stated it was a separate program. Councilwoman Christine Power moved to approve on the Consent Agenda a $2,097 contribution towards the plan, 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 C. Authorization for the Mayor to accept the SAFER Grant No. EMW-2013-FF-00550 Agenda Request City Manager Barlow stated this grant was applied for by the Fire Department to expand their volunteer force. It would allow for the purchase of additional uniforms and allow for additional staff time to do training of the volunteers. He added that there was no match on the city' s part. Councilwoman Gigi Bennington moved to authorize the Mayor to accept the SAFER Grant No. EMW-2013-FF-00550, 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 11 . OFFICER REPORTS a. City Clerk Mayor Thomas spoke of a 25-year employee retiring on Friday. He spoke with the City Manager and learned that the City does not do anything. He felt since she worked for them and felt they should get her a plaque. City Clerk Wenzel stated that she took care of getting a gift that Lisa would appreciate more. Mayor Thomas suggested each Council person give Ms. Wenzel $10 . She stated if they would like to s� Council Regular Meeting April 7, 2014 contribute she would appreciate it. She added that she also had a card. City Clerk Wenzel reminded Council of upcoming meetings and events. b. City Attorney City Attorney Wolfe had nothing at this time . C. City Manager i. Discussion regarding the concerns of Mr. and Mrs. Rogers of 510 S. Riverside Drive City Manager Barlow stated there were two issues, which needed to be compartmentalized. The first is the deed restrictions on Menard-May Park and the adjacent property. At the last meeting Mrs. Rogers submitted her findings on the deed restrictions, he then requested City Attorney Wolfe to provide a report tonight. City Attorney Wolfe stated he was provided with a partial abstract of title, they requested the title company update the title work. Based on that review, it does appear since the City took title to the property via quit claim deed the restrictions are still valid. City Attorney Wolfe discussed the term "structure", it can have many meanings. He stated there are cases construing the term structure in the context of deed restrictions, but none were close to our situation. He stated it is important to look at the context in which the term structure is used. He stated when you do that it appears the intent of the restriction is to not obstruct the view of the water. He stated in his opinion a volley ball net, which you can see through, a narrow light pole and a sign would not be considered structures in the context of the deed restrictions and the fact that they do not block the view in any meaningful sense. He stated this is subject to interpretation and he has not been to the property. City Manager Barlow went through pictures of the property, and asked that Council determine which items are structures. He felt the volley ball posts and light pole where not considered a structure. He would like discuss the signs; he stated they do meet the definition of structure. The City has a definition of structure, which includes signs. City Manager Barlow then went through each of the items in question to have Council determine if they were a structure or not: Light poles - not a structure, Councilwoman Power stated they also for safety; Volley Ball Net-not a structure; signs; entrance sign on south side of driveway-Councilman Emter clarified that the deed restrictions were for the strip of land on the south side of the driveway, therefore if the sign was moved to the north side of the driveway it would not be an issue, City Manager Barlow stated that was correct. City Manager Barlow has instructed Mr. Corder to standardize all signs, including for the parks. Councilman Ignasiak asked if all the s� Council Regular Meeting April 7, 2014 signs belonged to the City. City Manager Barlow stated the property belongs to the city and there was one sign that was put up by another entity, but they are unsure of who. Councilwoman Power stated it was the Coast Guard. Councilman Ignasiak stated they can put signs anywhere along the waterway for safety. City Manager Barlow stated he would need direction from the attorney if the Coast Guard can violate the deed restrictions. He stated it may be able to be relocated as well. Council agreed the signs were a structure. Councilwoman Bennington asked why this was being discussed now. Mayor Thomas stated because Mrs. Rogers brought it up at the last meeting that the deed restrictions were being violated. Councilwoman Bennington stated Mrs. Rogers sat on Council while they were being violated, why bring it up now. City Manager Barlow stated they can work with the other agency if necessary to bring the sign into compliance. It was determined the large informational sign in the island would be removed until they come up with a different plan. The front sign will be the only one that will have cost to remove due to the electric. Councilwoman Bennington asked if they decided what as a structure. City Manager Barlow stated the volleyball net and light poles were not structures. City Manager Barlow stated the second issue was the fence. The first fence to discuss was on the north side and was constructed by the city at the request of Mrs. Rogers. He stated one post was at four-foot and the other at three, he did not think they would consider that a structure by definition. He stated they would look into whether or not the fence is considered a structure, if so they will alter or remove it. City Manager Barlow stated that now addressed the deed restrictions within Menard's. The next issue is on the south side of her property. Councilwoman Power thanked the Rogers' for bringing this up and that the City needed to take care it. She appreciated them for bringing it up. City Manager Barlow then discussed the fence to the south. He believed this fence and vegetation was installed by the adjacent property owner. He believed the intent was to drop the vegetation to four-foot and to thin out the vegetation where it has 500 opaque, but they might want to have Mrs. Rogers clarify. Councilman Ignasiak asked if this was within the deed restriction area. City Manager Barlow stated no, that issue has been addressed. Debra Rogers, 510 S. Riverside Drive, clarified that the deed restriction stated three-foot from the mean high water, not a three-foot height limit. She also stated, regarding Councilwoman Bennington's comment, that she brought this up all the time when she was on Council. City Manager Barlow went back to the deed restrictions; he stated that if they went by mean high water line they would probably have to remove all of the benches because they would then not be ADA s� Council Regular Meeting April 7, 2014 compliant. He needed further direction from Council, which was to go by land not the mean high water line. Mrs. Rogers stated it was brought to her attention that the boat launch was not a legal boat launch, therefore the Coast Guard sign would not be an issue. Mayor Thomas asked what a legal boat launch was. Mrs. Rogers didn't know, that was just what the state told her. Mayor Thomas stated the state was not going to claim a boat launch, he stated if people were going to launch boats there they were going to launch boats there. City Manager Barlow thought the Volusia County Manatee Protection Plan identified that as a boat launch. Mrs. Rogers went back to the fence. She read parts of the code regarding fences, walls and hedges. She stated this relates to residential property and the property in question is not residential it is a lot. She then read the section of the Land Development Code regarding fences. She stated the issue is more the vegetation than the fence. She stated this all began because she had a survey done of that property. Mayor Thomas clarified that she was talking about the hedge. Mrs. Rogers stated that and the other one. Councilwoman Bennington asked Mrs. Rogers if the property was not a residential lot, but is part of your property then what is it. Mrs. Rogers stated it is a lot, the code has it separated. Councilwoman Bennington stated it was part of your lot, your lot just happens to be separated by a road. Mrs. Rogers stated she has residential property and a riverfront lot, she stated it was irrelevant if the property appraiser has it combined or not. Councilwoman Bennington asked if it was taxed separately. Mrs. Rogers stated it was one tax i.d. , but the code has it separated. She told Councilwoman Bennington to read the code. Councilman Enter asked for clarification on the location of this fence. Mrs. Rogers informed Councilman Emter that fence means hedge to her. Councilman Emter again asked for clarification of the fence/hedge. Councilwoman Power stated this was on the north side of the Barnhill property. Mrs. Rogers corrected Councilwoman Power by stating this as the south one. Councilman Emter asked for clarification on the Code section. He stated he was talking about section K, which did not allow opaque fences, he stated her claim was the shrubs were opaque. He stated the objection was the shrubs being more than 500 opaque. Mrs. Rogers stated no, he was getting D and K confused. Councilman Emter stated he was discussing strictly K. Mrs. Rogers stated that states opaque fencing shall not be permitted. Councilman Emter stated earlier in the code it defines opaque as more than 500. Mrs. Rogers told him that was under D, for a residential property. She then asked Mayor Thomas if he understood what she was saying about the opaque fencing. Councilman Emter asked her what she would suggest for a solution for that fence. Mrs. Rogers stated when you are talking fence to remember there were fences, walls and hedges. Councilman Emter stated for that picture. Mrs. Rogers stated to follow what it says in K, not permit it, remove it. Councilman asked, remove the wood fence yes or no. Mrs. Rogers stated no to the wood sV Council Regular Meeting April 7, 2014 fence because it was opaque. Councilman Emter asked about the shrubs. Mrs. Rogers stated opaque remove it. Councilman Emter clarified that in order to make this comply, the fence and the shrubs need to be removed. Mrs. Rogers stated just the shrubs. Councilwoman Bennington asked if this was her property. Mrs. Rogers stated that particular part is, the north part is. Councilwoman Bennington asked about the piece they were currently looking at. Mrs. Rogers stated that was in the city right-of-way. Councilwoman Bennington asked Mrs. Rogers again if it was her property. She stated it was not. Councilwoman Bennington asked if she was complaining as a citizen that this was in violation of the code. Mrs. Rogers stated you got it. Councilwoman Bennington stated they can then take care of it any way they want to because it is in violation of the city code. City Manager Barlow stated Council had the jurisdiction to place things in the right-of- way. Councilwoman Bennington stated if it was in violation they have the authority to allow it to stay. She then stated this is basically a moot point, Council has to decide if they want it removed or not. She asked City Attorney Wolfe is they have the right to remove it from someone else's property if they deem it not in violation. Mrs. Rogers stated it was not on someone else' s property it was on city right-of way. She added that she was going to start building on the city right-of-way. Councilwoman Bennington stated that if it is in the city right-of-way they have the right to put whatever they want in the city right-of-way. She again asked the attorney if they have the right to leave the fence/hedge in the city right-of-way. City Attorney Wolfe stated yes they do. Councilwoman Bennington told Mrs. Rogers she could not do it but the city could because they own it. Mrs. Rogers told Councilwoman Bennington she was obviously not aware of other things. Councilwoman Bennington informed Mrs. Rogers she was only talking about this particular piece of property. Mrs. Rogers stated she will now open the other can of worms that she has previously brought up. She stated it was code enforcement who told her the two fences where in the city right-of-way and no permit was pulled. One of the fences has a sprinkler system and no permit was pulled. Councilwoman Bennington stated this was another issue, that was brought to code enforcement not Council. She again stated she was talking about the picture, it was on someone else' s property in the city right-of-way and they have the right to say it is ok. Mayor Thomas stated they need a consensus or vote. City Manager Barlow stated he needed a consensus on one of the following options: 1) thin out the vegetation and maintain it; 2) remove all of the shrubbery and leave the fence or 3) remove everything. The consensus was to thin out the vegetation and make it look better. Mayor Thomas clarified that the signs were going to be removed. City Manager Barlow confirmed all that was deemed a structure will be removed. He added that the one with all the power will take a little time to remove. Councilwoman Bennington stated they should have been s$ Council Regular Meeting April 7, 2014 more aware of this. City Manager Barlow stated these were installed probably when he was still in high school. He added that the deed restrictions were from 1925 and they probably never should have been placed there, but they can fix it now. City Manager Barlow continued with his report, he reminded Council of the budget calendar and next Monday starts the Emergency Management Course most upper staff will be attending. He also reminded them of the mock emergency Council meeting. 12 . CITIZEN COMMENTS Daniel Rogers, 510 S. Riverside Drive, went back to the issue of the fence in the city right-of-way. He stated it is in front of his property and no permit or survey was done when it was put up. He stated it was not only in the city right-of-way it was obstructing his right-of-way to get to his property. Councilwoman Bennington stated they were going to thin it out. City Manager Barlow asked if he was talking about the fence on the north side of his property. City Manager Barlow stated he thought that one was going to be removed all together. Council agreed to have the fence removed. Debra Rogers, 510 S. Riverside Drive, stated this was the fence on the south part of their property. She pointed that she has two separate waterfront pieces over there. City Manager Barlow asked to clarify if it was in the right-of-way or on her property. She stated it was in the right-of-way on the north end, in front of her property. She stated that fence and the once south were both in the city right-of- way without a permit. City Manager Barlow clarified this fence was between her property and the Barnhill property and the other fence was on the other site. She stated the fence on the other side was in violation of section K. City Manager Barlow asked if the fence was on her property. She stated one post was. City Manager Barlow stated once he confirms that he will remove the post. 13. ADJOURNMENT There being no further business to discuss the meeting adjourned at 9: 08 p.m. ss Council Regular Meeting April 7, 2014 Minutes submitted by: Bonnie Wenzel, CMC Attest: APPROVED: City of Edgewater, Florida _ A►.. _ . 1 _ ,0 1 Bonnie Wenzel, City Clerk Mic ael L. Thomas, Mayor 22 ..se Council Regular Meeting April 7, 2014