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05-05-2014 - Regular CITY COUNCIL OF EDGEWATER REGULAR MEETING May 5, 2014 6: 00 P.M. COUNCIL CHAMBERS MINUTES 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION Present Mayor Michael Thomas Councilwoman Christine Power Councilwoman Gigi Bennington Councilman Gene Emter Councilman Mike Ignasiak City Manager Tracey Barlow City Clerk Bonnie Wenzel City Attorney Aaron Wolfe Absent None 2. APPROVAL OF MINUTES a. Regular Meeting - March 3, 2014 Minutes Councilman Gene Emter moved to Approve Regular Meeting of March 3, 2014, second by Councilman Mike Ignasiak. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Mike Ignasiak, Councilwoman Gigi Bennington, Councilwoman Christine Power, Mayor Michael Thomas 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a. Mayor Thomas to proclaim May 5-9 as Teacher Appreciation Week. Mayor Thomas read a proclamation into the record proclaiming May 5 - 9, 2014 as "Teacher Appreciation Week" . b. Mayor Thomas to proclaim May as Civility Month. Mayor Thomas read a proclamation into the record proclaiming May 2014 as "Civility Month" . 9 Council Regular Meeting May 5, 2014 C. Naomi Weiss, District Representative, Congressman Ron DeSantis, introduction. Presentation not given. 4. CITIZEN COMMENTS This is the time for the public to come forward with any comments they may have. Citizen comments relating to any agenda matter may be made at the time the matter is before Council. Please state your name and address, and please limit your comments to three (3) minutes or less. None at this time. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA None . 6. CITY COUNCIL REPORTS Councilwoman Powers commented on how much she enjoyed watching people use the fitness apparatus along Riverside Drive, it has been extremely fun to observe, she and the kids have used all of the exercise apparatus, some stations are more challenging than others, feels it is a good range of easy to tough stations, and stated that she s happy to see residents using the various apparatus. Councilwoman Bennington had nothing to report. Councilman Ignasiak stated that he attended the Brownfield kick-off in the Council Chambers and felt the plans that were presented were very enlightening and informative, attended the Chamber event for Klein- Yaney-Media, LLC, and bid farewell to Lisa Bloomer at her retirement ceremony where she was recognized for over 24 years of service to the City of Edgewater. He attended the City' s Emergency Exercise along with the rest of the Council and felt it was a very good and informative presentation. He gave kudos to those who attended the four (4) day Emergency Exercise training, he attended the ribbon cutting for Dunkin Donuts and is happy to see another new business opening in Edgewater, and attended the YMCA Healthy Kid event where many of the City' s local businesses and the City had display booths providing a wide variety of good health information. At the request of the Mayor he attended the VCOG meeting held in Daytona Beach, there was a presentation on Career and Technical schools and he did not understand the depth or amount of vocational training schools located in Volusia County, it was both educational and well presented, with various programs that are producing results and preparing graduates for a career. There was also a presentation given regarding the homeless and the Volusia Safe Harbor Transition Shelter project. He 9 Council Regular Meeting May 5, 2014 stated that five (5) of the 16 cities and the County did not contribute money, all of the cities and the County are not on the same page, the Mayor of Daytona has taken the lead on the program which is still in the formative stage, everyone agreed that something does need to be done, and that there needs to be a universal approach, and they are working on it. There was talk of consolidating VCOG with the Volusia League of Cities (VLC) , but he believes that the Mayors, with a consensus, are fine to leave things as they are, with the VCOG being a good forum to air what they want to do, for Mayors to talk back and forth with one another and then go as a unified body to the VLC to make a presentation. Councilman Emter stated that on April 1, 2014 he had the opportunity to invite Volusia County Council member, Pat Northey to Edgewater, and on April 16th he met with Volusia County Council member Pat Patterson. Each meeting was about a two (2) hour presentation reviewing the Edgewater CRA proposal, during which they answered questions, covered proposal details, tried to determine and discuss what the County' s concerns were so they could be alleviated, and drove the length and width of the CRA area, which was probably the most impressive part of the CRA review meeting. He is not sure that any minds were changed, but at least they now have an idea what the CRA proposal is all about. He attended the Dunkin Donuts ground breaking, on April 22 he attended a CRA meeting given by City Manager Barlow and Janet Shira in Edgewater Landing to local residents and invited guests from other home owners associations, turnout was not the greatest but it was very informative for the attendees. Kudos to Janet for explaining the CRA in layman' s terms, as a result, two individuals stated that they were sending letters to all County Council members voicing their support of the CRA. On April 23, he attended the TPO meeting, the TPO name has changed to "The River to Sea" TPO now that Flagler County has been inducted into the TPO, on Friday he attended a County hosted economic development training at the airport with a lot of good information on the 1st quarter' s numbers. Saturday was a great learning experience when he did a police officer ride along, he was very impressed with the officers professionalism, on the spot decision making, and powers of observation, and he thanked Chief Arcieri for providing the opportunity. Mayor Thomas discussed how busy it was at the Kennedy Park boat ramp, individuals were parked in the "No Parking" zone, another individual was working on his boat in the "Handicap" zone, he discussed possible conflicts occurring between patrons, and the possibility of having increased enforcement coverage during peak hours. City Manager Barlow replied that he would look into CAPS coverage and the possibility of extra patrol and that he would also make sure the handicap and no parking areas are still well marked as far as striping and signage. Mayor Thomas also mentioned observing individuals who had snuck in to Lake Mango and spent the day fishing. City Manager Barlow replied cS Council Regular Meeting May 5, 2014 that he would have the police department conduct extra patrols at that location as well. 7. CONSENT AGENDA - NONE AT THIS TIME 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 2nd Reading - Ordinance No. 2014-0-12 : Amending the Comprehensive Plan to update the Capital Improvements Element (CIE) and the accompanying Capital Improvements Program (CIP) Agenda Request City Attorney Wolfe read Ordinance No. 2014-0-12 into the minutes. City Manager Barlow made a staff presentation. Councilman Emter commented that the ordinance is an extremely valuable document for the public because it identifies every capital improvement project that is on the books and will potentially be executed for the next five (5) years, providing a clear picture of where the City is going in terms of capital improvement. Some projects may not occur due to funding, but the document still provides a picture of what the City has in mind for the future. Mayor Thomas opened and closed the public hearing. Councilman Mike Ignasiak moved to Approve Ordinance No. 2014-0-12, second by Councilwoman Christine Power. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Mike Ignasiak, Councilwoman Gigi Bennington, Councilwoman Christine Power, Mayor Michael Thomas b. Resolution No. 2014-R-08 : Adopting the Finding of Necessity and requesting delegation of authority from Volusia County to create the Community Redevelopment Area. Agenda Request - Part 1 7� Agenda Request - Part 2 7 Ginger Corless, Tindale-Oliver and Associates, Inc. discussed topics such as the finding of necessity, seeking an official delegation of authority from Volusia County, tenants of Edgewater' s "Draft" Community Redevelopment Area (CRA) plan, a draft timeline, the Council Regular Meeting May 5, 2014 increment level staying in the CRA, providing a detailed assessment, the area covered by the CRA, and reviewed a map of the CRA boundaries. She read the findings of necessity report into the record documenting Florida Statute CRA requirements, reviewed the planning areas, primary objectives as funding becomes available, updating the plan over time to match the capital improvement plan, increment study and leveraging dollars, and the need to continue working with Volusia County even after the CRA is approved. Councilman Emter discussed the CRA from a stand point of need, the County Council being reticent to approve a CRA, the County considering each CRA on its individual merit, a CRA needing to relate to identified blighted neighborhoods, the CRA being one of the most important proposal to come in front of the City Council in many years, and suggested that it is the only concept that will allow the City of Edgewater to develop economically along US 1. He discussed other suggestions, such as a CDD, grants, grants usually requiring a 500 match, and the CRA being the only legal opportunity for development. He discussed the number of commercial parcels, their size, business lot size and infrastructure needs, the CRA being the only project that can help Edgewater with economic development, and the need to convince the County Council how well thought out and planned the Edgewater CRA proposal is. Mayor Thomas opened and closed the public hearing. Councilman Gene Emter moved to Approve Resolution No. 2014-R-08, second by Councilwoman Christine Power. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Mike Ignasiak, Councilwoman Gigi Bennington, Councilwoman Christine Power, Mayor Michael Thomas C. Resolution No. 2014-R-10 : Requesting assistance under the Florida Inland Navigation District (FIND) Waterways Assistance Program for Phase I of the George Kennedy Park Seawall Restoration. Agenda Request City Attorney Wolfe read Resolution No. 2014-R-10 into the minutes. City Manager Barlow made a staff presentation. The Council and City Manager discussed the current sea wall lasting forty years, the benefit to the City of grant funds being available, the importance of having a completed and legitimate study, the amount to put in the budget for the sea wall, and the grant award Council Regular Meeting May 5, 2014 notification being received some time in June 2014 . Mayor Thomas opened and closed the public hearing. Councilwoman Gigi Bennington moved to Approve Resolution No. 2014-R- 10, second by Councilwoman Christine Power. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Mike Ignasiak, Councilwoman Gigi Bennington, Councilwoman Christine Power, Mayor Michael Thomas d. Resolution No. 2014-R-11 : Approval of the Local Agency Program (LAP) Agreement between the City and the Florida Department of Transportation to facilitate the design services necessary for the Flagler Avenue Sidewalk Project from 12th Street to Park Avenue, FPN # 435487-1-38-01 . Agenda Request City Attorney Wolfe read Resolution No. 2014-R-11 into the minutes. City Manager Barlow made a staff presentation. Councilwoman Bennington asked if the funds were in the current budget and City Manager Barlow replied "yes" . Mayor Thomas opened and closed the public hearing. Councilwoman Christine Power moved to Approve Resolution No. 2014-R- 11, second by Councilman Mike Ignasiak. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Mike Ignasiak, Councilwoman Gigi Bennington, Councilwoman Christine Power, Mayor Michael Thomas e. Resolution No. 2014-R-12 : Amending the By-Laws of the School Scholarship Committee; changing the meeting date from Wednesday to Tuesday. Agenda Request City Attorney Wolfe read Resolution No. 2014-R-12 into the minutes. City Clerk Wenzel discussed members of the School Scholarship Committee (SCC) expressing difficulties making meetings on Wednesdays, and asked if they could change the meeting day to a Tuesday. She Council Regular Meeting May 5, 2014 stated that any changes to meeting days have to be done by resolution because the day of the meeting is mandated in their By-Laws, after discussion with staff they are recommending to take the day out of the By-Laws, to just mandate that they must meet at least quarterly, which would allow the SCC more flexibility in establishing their quarterly meeting dates. Mayor Thomas opened and closed the public hearing. Councilwoman Gigi Bennington moved to Approve Resolution No. 2014-R- 12, second by Councilman Gene Emter. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Mike Ignasiak, Councilwoman Gigi Bennington, Councilwoman Christine Power, Mayor Michael Thomas 9. BOARD APPOINTMENTS a. Police Pension Board - City Council ' s ratification of the reappointment of Larry Leaf to a two-year term expiring on March 17, 2016 . Agenda Request X City Council and City Manager Barlow discussed Mr. Leaf' s qualifications for reappointment to the Police Pension Board. Mayor Thomas opened and closed the public hearing. Councilwoman Gigi Bennington moved to Approve the reappointment of Larry Leaf to a two-year term expiring on March 17, 2016, second by Councilwoman Christine Power. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Mike Ignasiak, Councilwoman Gigi Bennington, Councilwoman Christine Power, Mayor Michael Thomas 10 . OTHER BUSINESS a. Approval of the FY 2014/2015 CDBG proposed projects of ADA Compliant Sidewalks within the target area on the east side of US 1 along East Turgot Avenue and East Ocean Avenue and authorization for the City Manager to execute the CDBG FY 2014/2015 Proposed Annual Plan. Council Regular Meeting May 5, 2014 Agenda Request City Manager Barlow made a staff presentation. City Council and staff discussed CDBG proposed projects, the projects being 100% grant funded, percentage allocations being in line with population, the high costs of the administration portion of the grant award, grant allocation amounts that are directed by HUD for social services programs, and grant compliance requirements. Mayor Thomas opened and closed the public hearing. Councilman Mike Ignasiak moved to Approve the FY 201412015 CDBG proposed projects of ADA Compliant Sidewalks within the target area on the east side of US 1 along East Turgot Avenue and East Ocean Avenue and authorization for the City Manager to execute the CDBG FY 201412015 Proposed Annual Plan, second by Councilman Gene Emter. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Mike Ignasiak, Councilwoman Gigi Bennington, Councilwoman Christine Power, Mayor Michael Thomas b. Approval of Addendum No. 1 to the Professional Services Agreement for Real Estate Services for the Barnett Group and The Triece Company and authorization for the City Manager to execute the Agreements. Agenda Request City Manager Barlow made a staff presentation. City Council and City Manager Barlow discussed some of the real estate services that have been accomplished for the City in the past. Mayor Thomas opened and closed the public hearing. Councilwoman Christine Power moved to Approve Addendum No. 1 to the Professional Services Agreement for Real Estate Services for the Barnett Group and The Triece Company and authorization for the City Manager to execute the Agreements, second by Councilman Gene Emter. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Mike Ignasiak, Councilwoman Gigi Bennington, Councilwoman Christine Power, Mayor Michael Thomas Council Regular Meeting May 5, 2014 c. Award of Auditing Services contract to James Moore & Co. , and authorization for the City Manager to execute the contract. Agenda Request City Manager Barlow made a staff presentation. City Council and City Manager Barlow discussed reasons the James Moore firm was selected to provide Edgewater' s auditing services, benefits the City has seen from his previous audit reports, bid process procedures, and looking forward and the possible benefits of having a second set of eyes auditing the City' s financial records. Mayor Thomas opened and closed the public hearing. Councilwoman Christine Power moved to Approve Auditing Services contract to James Moore & Co. and authorization for the City Manager to execute the contract, 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 d. Authorization to abate the time referenced in Chapter 164 of the Florida Statutes regarding the Volusia County Council appeal of the Fisherman' s Cove Annexation. (added 5/02/14) Agenda Request Councilman Mike Ignasiak moved to abate the time referenced in Chapter 164 of the Florida Statutes regarding the Volusia County Council appeal of the Fisherman 's Cove Annexation, second by Councilwoman Christine Power. The MOTION APPROVED 5 - 0. Yes Councilman Gene Emter, Councilman Mike Ignasiak, Councilwoman Gigi Bennington, Councilwoman Christine Power, Mayor Michael Thomas City Manager Barlow made a staff presentation. Y Council Regular Meeting May 5, 2014 City Council and City Manager Barlow discussed some of the provisions of Chapter 164 of the Florida Statutes, and the annexation process still continuing to moving forward during Volusia Council' s appeal. 11 . OFFICER REPORTS a. City Clerk City Clerk Wenzel provided an update on the new Granicus agenda management program the City is implementing, discussed the replacement process for the Deputy City Clerk position, the transition to Granicus not affecting the City' s upcoming budget process, and the benefits to implementing the new system. b. City Attorney City Attorney Aaron Wolfe provided an update on a previous claim of discrimination against the City filed by former police officer Jillian Winston. The Florida Commission on Human Relations ruled in favor of the City and found there was "no discrimination", Ms. Winston is appealing the decision, she requested an appeal hearing, the hearing is scheduled for May 21 - 23, 2014 at his office in front of an Administrative Hearing Judge, the case should end some time in the month of May 2014, and stated that he will keep the Council posted. C. City Manager i. Date for Volusia County Water Workshop (added 5/02/14) City Manager Barlow stated that Volusia County' s Water Quality Workshop would be held on June 26, 2014, at 9:00 a.m. in Deland, Florida, and the focus of the workshop topics. City Manager Barlow discussed Keith Norden from Team Volusia making a Team Volusia update presentation at Wednesday' s Economic Development Board meeting and invited the Council to attend or view it live on the Edgewater website. City Manager Barlow stated that he would be out of town on Friday, May 9, 2014 through Monday, and that Donna Looney would be available in his absence if something were to occur. ii . Status Report of Menard-May Park (added 5/02/14) City Manager Barlow provided an update of Menard-May Park, reviewed before and after slides of changes made, discussed City code 9& Council Regular Meeting May 5, 2014 requirements, work still to be completed, and asked for any further direction from the Council and Council concurred to close the case. . City Manager Barlow provided an update on the US 1 sidewalk project, the City should receive a notice to proceed from FDOT within he next week, then the bid can go out to solicit for a contractor, dirt should turn somewhere in the August September time frame, the bid process having to go out to everyone since the grant uses Federal dollars, the grant being managed though FDOT, and that since it is a Federally funded project the City will have to take the lowest bid. 12. CITIZEN COMMENTS Mayor Thomas commented on the beauty of the City's road medians and the outstanding job the contracted company is doing in maintaining them. City Manager Barlow stated that the company is a local business owner, a graduate of New Smyrna High School, and that he gives to the community. 13. ADJOURN Minutes submitted by: Mitch Honaker 4-1-0 Deputy City Clerk Attest : APPROVED: City of Edgew te,r, F • ida , r , n ew ,,v . a Bonnie Wenzel, City Clerk Michael L. Thomas, Mayor F • 11 Council Regular Meeting May 5, 2014