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" .
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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
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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
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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
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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
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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.
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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.
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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
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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
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Bonnie Wenzel, City Clerk Michael L. Thomas, Mayor
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Council Regular Meeting
May 5, 2014