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05-04-2015 - Regular 104 N.Riverside Drive City of Edgewater Edgewater,FL 32132 EDGEWATER Meeting Minutes City Council Michael Ignasiak,Mayor Christine Power, District 1 Gigi Bennington, District 2 Dan Blau,District 3 Gary T. Conroy,District 4 Monday,May 4,2015 6:00 PM Council Chambers 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION Present: 4- Mayor Ignasiak,Councilwoman Christine Power,Councilman Dan Blazi and Councilman Gary T.Conroy Excused: I - Councilwoman Gigi Bennington Also Present: 3 - City Attorney Aaron Wolfe,City Clerk Bonnie Wenzel,and City Manager Tracey Barlow 2. APPROVAL OF MINUTES a. AR-2015-838 Regular Meeting -April 6,2015 A motion was made by Councilman Blazi, second by Councilman Conroy, to approve the minutes of April 6, 2015. The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy Excused: I - Councilwoman Bennington 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a. AR-2015-839 Proclamation - World Lupus Day 2015 This Presentation was received and filed. b. AR-2015-840 Proclamation - Recognizing the New Smyrna Beach High School Weight Lifting "Team for their State Championship win. This Presentation was received and filed. c. AR-2015-845 Proclamation - Recognizing CAP's Officer Pete Conover for his outstanding service to the organization. This Presentation was received and filed. 4. CITIZEN COMMENTS 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS City of Edgewater Page I Printed on 5/20/2015 City Council Meeting Minutes May 4, 2015 Councilwoman Power reported attending the City of Tavares tour; Edgewater's Fire Rescue Survivor night; and the Transportation Planning Organization (TPO) meeting. Councilman Blazi reported attending the City of Tavares tour; Edgewater's Volunteer Luncheon honoring the City's volunteers, and what they bring to the table; Team Volusia Economic Development Committee (TVEDC) board meeting; a meeting at AMVET with resident Mike Visconti, reference Pearl Harbor day concert activities; Edgewater's Fire Rescue Survivor night; Relay for Life in New Smyrna Beach; Healthy Kids day at the YMCA, at which time he signed up for the Mayor's Fitness Challenge; he volunteered at the YMCA 5K run; attended the Autism Awareness Walk at Edgewater Public school; and the Advanced Institute for Elected Municipal Officials, which he strongly recommended other Council member to attend. He stated that one of the complaints voiced by citizens in his District concerns speeding in the Florida Shores area, which he feels has been a habitual problem for many years; he will be studying the City's long term plans for the Florida Shores area; and discussed possible traffic calming solutions to curb speeding in Florida Shores. Councilman Conroy reported attending the River to Sea TPO meeting, and the progress being made to obtain the funding for the study to extend SR 442; communicating with representatives from the Florida Department of Transportation (FDOT)concerning slowing traffic on US 1, and their responses; attending the Recreation and Cultural Services board meeting, and a presentation concerning small ball park facility for children with disabilities; and discussed the possibility of renaming Whistle Stop park as a veterans memorial park. He discussed possibly implementing an Edgewater retiree program, and City Manager Barlow replied that it sounded like a fantastic idea; that he would have the Human Resources department research what other cities are doing; and then staff would draft a policy letter for Council review. He also discussed purchasing items made in other countries; the ongoing debate over the Federal minimum wage; and possibly looking at where a product is made before making City purchases. Mr. Barlow replied that the current City policy does not address where items are purchased; that he will look into the idea; and that he can certainly have the Finance Officer put it in to the City's purchasing policy to bring back before Council for consideration to adopt as a Resolution. Mayor Ignasiak reported attending the City of Tavares tour, and the need for cities to build an identity; the Mayors' Fitness Challenge; Edgewater's Volunteer Luncheon honoring the City's volunteers; asked about the construction progress of and riding, the unfinished six (6) mile portion of the Rail Trail in Edgewater; and of asked about the status of removing the power line poles along US 1 in front of the cemetery. Mr. Barlow replied that the rail trail is scheduled to be finished in December 2015; and that some of the various utility lines on the poles along US 1 in front of the cemetery are scheduled to begin to be replaced with underground lines on Wednesday. 7. CONSENT AGENDA A motion was made by Councilwoman Power, second by Councilman Conroy, to approve the Consent Agenda.The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy Excused: I - Councilwoman Bennington City of Edgewater Page 2 Printed on 5120,2015 City Council Meeting Minutes May 4, 2015 a. AR-2015-814 Bulletproof Vest Partnership Grant b. AR-2015-827 Approval for Quentin L. Hampton Associates, Inc. to provide the Design & Permitting and Construction Contract Administration services for the Lamont and Hubbell Streets Stormwater Improvements Project. c. AR-2015-828 Purchase of a 2016 Kenworth Dump Truck from Kenworth of Central Florida d. AR-2015-830 Purchase of a 2016 Kenworth T800 Semi Tractor from Kenworth of Central Florida e. AR-2015-836 TASER International body worn cameras,data storage and maintenance agreement. 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 2015-0-04 (2) 2nd Reading - Ordinance 2015-0-04: establishing the Edgewater Redevelopment Trust Fund City Attorney Wolfe read Ordinance No. 2015-0-04 into the record. City Manager Barlow made a staff presentation, and read the following into the record: On May 5, 2014 the Edgewater City Council approved the findings and necessity with Resolution 2014-R-08, rating the creation of the Edgewater Community Redevelopment Area; on November 20, 2014 Volusia County authorized the delegation of authority to the City of Edgewater, and approved the Edgewater Community Redevelopment plan with Volusia County Resolution No. 2014-159; on January 14, 2015 the City of Edgewater Planning & Zoning board found the Community Redevelopment plan to be consistent with the City's Comprehensive plan; and on March 2, 2015 the Edgewater City Council appointed the CRA board, approved the plan, and conducted the first reading of Ordinance No. 2015-0-04. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilman Blazi, to approve Ordinance No.2015-0-04.The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy Excused: 1 - Councilwoman Bennington b. 2015-0-10 1st Reading - Ordinance No. 2015-0-10; Glenn Storch, applicant, requesting annexation of 29.17±acres of land located at 3121 Eels Grove Road. City Attorney Wolfe read Ordinance No. 2015-0-10 into the record. City Manager Barlow made a staff presentation. City of Edgewater Page 3 Printed on 5,20/2015 City Council Meeting Minutes May 4,2015 Council members and staff discussed the property being contiguous to the City of Edgewater; the large mining shell pit that is adjacent to, but not a part of the project; and Volusia County currently having the property zoned as Rural/Agriculture. Mayor Ignasiak opened and closed the public hearing A motion was made by Councilwoman Power, second by Councilman Blazi, to approve Ordinance No.2015-0-10.The MOTION was APPROVED by Yes: 4- Mayor lgnasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy Excused: 1 - Councilwoman Bennington c. 2015-R-16 Resolution 2015-R-16; Approving the Mid-Year Amended Budget for Fiscal Year 2014-2015. City Attorney Wolfe read Resolution No. 2015-R-16 into the record Finance Director John McKinney made a staff presentation. See attached Powerpoint slides. During the presentation Council members and staff discussed the bathroom upgrade at Kennedy park; and offsetting the costs of firefighter/paramedic positions for the second EMS transport unit. City Manager Barlow stated it will be documented on the personnel action forms of the two personnel hired for the second truck, that if the transport program is cancelled, it stands as a very good chance the City may have to reduce staffing by those two additional personnel. Council and staff discussed some of the details concerning the Emergency Transport pilot program. Council members and staff discussed the purchase of a special slope mowing machine that needs to be replaced, but is not listed in the presented budget; and keeping the old slope mower as a backup. Mr. Barlow stated that he just sent out a termination letter, terminating the contract with the vendor for the City's median maintenance; having had to cancel three (3) median maintenance contracts because vendors have not been able to maintain the medians to the standards that the residents of Edgewater deserve; creating a grounds maintenance division that falls under the Leisure Services department; and the long term goal of the new department taking over all City grounds maintenance. Council members and staff discussed the complex and lengthy US I sidewalk project, and some of the causes for the change orders to the project fund; and the water line extension under 195 to the North side of SR 442 to support future economic development. Mr. McKinney stated that if the Council approves the agenda item for the Mid-Year budget, then in accordance with the City's purchasing policy, staff can go out and acquire those line item assets that were detailed in the Mid-Year budget that have a cost of$50,000 or less. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilman Blazi, to approve Resolution No. 2015-R-16.The MOTION was APPROVED by the following vote: Yes: 4- Mayor lgnasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy City of Edgewater Page 4 Printed on 5/20/2015 City Council Meeting Minutes May 4,2015 Excused: 1 - Councilwoman Bennington 9. BOARD APPOINTMENTS Mayor Ignasiak stated that two board appointments on the agenda are Councilwoman Bennington's and asked if Council wanted to reschedule the appointments, or move forward with the Council's board nomination rotation schedule and make the appointments. After discussion, the Council concurred to make the appointments as scheduled. a. AR-2015-824 School Scholarship Committee - Councilwoman Power's appointment due to the expired term of Mike Kelley. A motion was made by Councilwoman Power, second by Councilman Conroy, to allow Mike Kelley to continue in his position on the School Scholarship Committee. The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy Excused: 1 - Councilwoman Bennington b. AR-2015-825 School Scholarship Committee - Councilwoman Bennington's appointment due to the expired term of Rebecca Porter. A motion was made by Councilman Blazi, second by Councilwoman Power, to resinstate Rebecca Porter to the School Scholarship Committee.The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy Excused: I - Councilwoman Bennington c. AR-2015-832 Economic Development Board - Councilwoman Bennington's appointment due to the expired term of Bliss Jamison. Mayor Ignasiak nominated Bliss Jamison for reappointment to the Economic Development Board. A motion was made by Councilman Conroy, second by Councilman Blazi, to approve AR-2015-832. The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy Excused: 1 - Councilwoman Bennington d. AR-2015-833 Economic Development Board - Councilman Blazi's appointment due to the expired term of Steve Harrell. A motion was made by Councilman Blazi, second by Councilwoman Power, to appoint Brandon Beck.The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy Excused: I - Councilwoman Bennington City of Edgewater Page 5 Printed on 5/20/2015 City Council Meeting Minutes May 4, 2015 e. AR-2015-834 Economic Development Board - Councilman Conroy's appointment due to the resignation of Jennifer Butera. Councilman Conroy stated that he wants more citizens to get involved with the City by applying to be on one of the City's boards, and had his Economic Development board nominee, Laura Smith, introduce herself to the Council. A motion was made by Councilman Conroy, second by Councilwoman Power, to approve AR-2015-834, motion to appoint. The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy Excused: 1 - Councilwoman Bennington 10. OTHER BUSINESS a. AR-2015-803 Council discussion/determination whether to resolve recurring issues prompted by the restrictive covenants applicable to Menard-May Park and City Flail by legal action. City Attorney Wolfe made a staff presentation stating that both Menard-May Park and the City Hall property have restrictive covenants in the deed. As to the City Hall property, in 1948, the property and building were conveyed to the City to be held in trust for the benefit of Edgewater residents. The deed conveying the property provides that the building may be remodeled, added to, enlarged or altered, but cannot be "sold, bartered or exchanged." All of the real and personal property conveyed by the deed is to be held `perpetually in trust for the use and benefit of the citizens and residents"of said town. Thus, the deed perpetually and absolutely prohibits the City from transferring the property and requires that the property be used only for City purposes, and precludes everyone from taking the property. Mr. Wolfe stated that in his opinion the restraint is unreasonable; the City's remedy would be for the City to file a law suit for declaratory relief and to have a judge sign an order invalidating the restrictions on alienating the City Hall property. As to the Menard-May Park property, whose chain of title goes back to 1906; the strip of land between the road and the river is subject to a restrictive covenant which prohibits erecting any structure exceeding three (3)feet in height above the high water mark on said strip of land. Mr. Wolfe stated that the law to just]the removal of restrictive covenants is that it must be alleged and proven that conditions and circumstances existing at the time the restrictions were placed on the land have changed to the extent that the effect on the covenants has been brought to naught, that the test to be applied is that to whether or not the original intent of the parties as to the restrictive covenants can be reasonably carried out or whether the changed conditions are such to make ineffective the original purpose of the restrictions. The City's argument would be the restrictions were placed on the property when it was in private hands, dating back to 1906; now the City owns the properly and has made it a park; the City would City of Edgewater Page 6 Printed on 5/70/1015 City Council Meeting Minutes May 4,2015 argue that the original intent of restrictions was to prevent development on that strip of land. but now that it is a City park there is no longer any need for such a restriction; and that the City would also make a policy argument that the deed restriction is unenforceable against the City, to prevent the City from building any structure over three (3)feet high, because any structure or changes made would be in the best interest of the public at large. The Council and staff discussed, each property requiring a separate action; requirements on the City to residents to provide certain park amenities; who, if anyone, would have a right to, or be able to establish legal standing; someone having to establish that they sustained an injury that was greater in degree than that sustained by the general public; the standing of waiver or acquiescence; maintaining the status quo and see if anyone filed suit to try and enforce the deed restrictions; comparing the complications of each of the deed restrictions, future redevelopment in the area, and getting developers to commit; making investments in Menard-May park, getting a legal ruling now, being on solid ground, and being a worth the investment and time to settle the question now; not leaving the issue open, and rating both deeds now. A motion was made by Councilman Blazi, second by Councilman Conroy, to approve AR-2015-803 advise or direct our attorney to take action on both of the parcels of property we discussed . The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilman Blazi and Councilman Conroy Excused: 1 - Councilwoman Bennington 11. OFFICER REPORTS a. City Clerk City Clerk Wenzel reminded everyone about the second Business/Council Workshop scheduled for May 18, 2015 at 6:00 pm.; and on June 1, 2015 at 5:00 p.m. right before the regularly scheduled Council meeting is a Community Redevelopment Agency(CRA) board meeting. After discussion, the Council concurred to start the May 18, 2015 CRA meeting at 5:30 p.m. b. City Attorney City Attorney Wolfe provided the current status of two (2) discrimination cases that were filed against the City c. City Manager City Manager Barlow reported, there is a ribbon cutting for Atlas Care Management located at 501 N. Ridgewood Avenue, on Wednesday at 10:00 a.m.; the Volusia County Economic Development Board quarterly update (Q1) meeting is being held at the County airport on May 8, 2015 at 7:45 a.m.; and that within the last month the City has switched to a different printing company, which is the reason there will be a new look for the City's utility bill, the new bill really provides a good look and a professional appearance, and that staff is very satisfied with the new company so far. Last Thursday he, John McKinney and Jack Corder met with the Director of Brevard County City of Edgewater Page 7 Printed on 5,20/2015 City Council Meeting Minutes May 4,2015 recreation to discuss recreation special districts; Brevard County now has four (4) such special districts, which are taxed separately for park improvements; in the year 2000 they did a voter referendum for 73 million dollars' worth of recreational area improvements; they went back another time and obtained additional dollars for escalating increases in project costs; once staff has prepared their study they will present it to Council; and explained the concept, and use of funds for a recreational special district. He discussed recent park inspections, termites infesting a pavilion at Rotary park; fencing off the pavilion; liability to the City; taking the pavilion out of service; the gazebo will be used in lieu of the pavilion while staff goes back and conducts a staff analysis to repair or replace the pavilion with more o,f a metal constructed pavilion;and discussed knocking down the pavilion at Whistle Stop park due to rot. After discussion, the Council concurred to tear down the pavilion at Rotary Park; leave the picnic tables in place on the concrete pad; and to rebuild a new pavilion. 12. CITIZEN COMMENTS Bob Andrejkovicks, 331 Admiralty Court, thanked Chief Cousins and the tremendous fire department staff for using their skills to save the life of a community resident; stated that he had requested a low voltage light along US 1 in their neighborhood and an engineer told him there were no low voltage lines on the pole; discussed the earlier comment concerning putting in lights along US 1; and asked if the City could do anything to get low voltage lines in the area to accommodate low voltage lights. Mr. Barlow replied that he will look at the situation and coordinate with Florida Power & Light to see what they can do to resolve the issue. 13. ADJOURN There being no further business to discuss, Mayor Ignasiak adjourned the meeting at 8:16 p.m. Minutes submitted by: Mitch Honaker, Deputy City Clerk ATTEST: APPROVED:itoed.ec),(aArA) Bonnie Wenzel, City Cl Mike Ignasiak, Mayo City of Edgewater Page 8 Printed on 5/20/2015