08-17-2015 - Regular City of Edgewater 104 N.Riverside Drive
b Edgewater,FL 32132
1WGEVATER1 Meeting Minutes
City Council
Michael Ignasiak,Mayor
Christine Power,District 1
Gigi Bennington,District 2
Dan Blazi,District 3
Gary T.Conroy,District 4
Monday,August 17,2015 6:00 PM Council Chambers
1. CALL TO ORDER,ROLL CALL,PLEDGE OF ALLEGIANCE,INVOCATION
Present: 5- Councilwoman Gigi Bennington,Councilman Dan Blazi,Councilman Gary Conroy,
Councilwoman Christine Power,and Mayor Mike Ignasiak
Also Present: 3- City Attorney Aaron Wolfe,City Clerk Bonnie Brown,and City Manager Tracey Barlow
2. APPROVAL OF MINUTES
a. AR-2015-107 Regular Meeting-July 20,2015
6
A motion was made by Councilwoman Bennington, second by Councilman Blazi, to adopt
the minutes of July 20,2015. The MOTION was APPROVED by the following vote:
Yes: 5- Councilwoman Bennington,Councilman Blazi,Councilman Conroy,Councilwoman
Power and Mayor Ignasiak
3. PRESENTATIONS!PROCLAMATIONS/PLAQUES/CERTIFICATESIDONATIONS
a. AR-2015-107 Presentation of the Advanced Institute of Elected Officials Certificate of
8 Completion to Councilman Dan Blazi
This Presentation was received and filed.
b. AR-2015-107 New Smyrna Beach High School Science Teacher Dennis Humphrey to do a
3 presentation on the "Cardboard Boat Race".
This Presentation was received and filed.
4. CITIZEN COMMENTS
Michael Visconti, 316 Pine Breeze Drive discussed his previous request to have the first Sunday in
December of each year established as Pearl Harbor Remembrance day, and Mayor Ignasiak replied
that AMVETS is holding a meeting on Wednesday, August 19, 2015 at 12:00 to discuss the details of
the event.
5. APPROVAL OR CHANGESIMODIFICATIONS TO THE AGENDA
None at this time.
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6. CITY COUNCIL REPORTS
Councilman Blazi reported: attending the Florida League of Cities annual conference; strongly
suggested other Council members and the Mayor attend future conferences; that there are multiple
workshops, covering multiple ways the City can learn to be better in their governance; he primarily
concentrated on attending economic growth, and public engagement workshops; in economic
development it was amazing to learn what companies look at when they are researching cities to
establish a business in; why deals fall through; the importance of the confidentiality that is needed in
the early stages until an official announcement is made; learning the dynamics and ways to help
Edgewater's economic drive engine; that the three (3) main things corporations and companies look
at are, speed, risk, and money; the benefits seen in economic growth to cities that have streamlined
their processes; and he looks forward to more Council members attending next year.
Councilman Conroy reported: having good news and bad news, and started with the good news: he
stated the back to school, back pack and bicycle give away had a phenomenal response, and he
thanked John McKinney, and his assistants, Amy Bubenheim, and Jordan Harris for organizing and
running the event. The City gave away 71 bicycles through raffles, but the bad news is there were
still some very disappointed children that did not receive a bicycle, which speaks of the need in the
community; however, the City did provide over 550 backpacks full of school supplies; they probably
could have given away another 50 to 75 backpacks; it was truly a great event; and hoped the City
could do it every year. His wife and Jordan took care of the bicycles; it was a great effort by
everyone; and a lot of the churches volunteered their time and products.
He also discussed: other good news, the Transportation Planning Organization (7P0) approved
funding the feasibility study for the Turgot Avenue and US 1 turn lane; the budget, and the 3% raise
for City workers being negatively offset by the increase in health insurance coverage; using a portion
of the $250,000 reserve to pay the roughly $107,000 for the City to absorb the costs of health care
coverage; and the City possibly putting the funds back into the reserve later on in the year. City
Manager Barlow replied that the $250,000 referenced as being available in the reserve, is being used
to balance next year's budget; City staff are currently researching a new hybrid health care program
for City employees; and that by the September 14, 2105 meeting staff will have some good solutions
for the Council to consider for balancing out the health care equity.
Councilwoman Power reported: the backpack giveaway being extremely well attended; although the
event did not start until 4:00p.m., the YMCA staff said people started coming in at 3:15p.m.; she
went through the line with her family just to be a part of the event, and was struck by how patient and
pleasant everyone was that attended; that all the comments on Facebook about the backpack
giveaway centered around "this is why we are proud to live in Edgewater" and she gave kudos to all
those who helped to put the event on.
Councilwoman Bennington reported: concurred that the backpack giveaway was a good event;
discussed the Council and staff doing more and more to be involved in Edgewater as a part of the
community; an editorial letter in the paper stating that the City is not moving forward, but there is so
much going on in Edgewater right now, that it may not appear that the City is moving forward, but,
on the contrary, the City is really racing; the City is really progressing; stated that she had to explain
to a resident why various roads are being resurfaced each year, to which the resident thanked the
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Council; and she gave kudos to staff for the excellent job they do.
Mayor Ignasiak reported: attending the backpack giveaway, the turnout was absolutely fabulous;
gave kudos to City Manager Barlow and staff`; stated it was good to see Councilman Conroy right up
front, and that it was good to see all of the City involvement in making the event a success; it was
very orderly and well organized; maybe next year the City can get even more bikes; what a fabulous
event for the community;and that his hat goes off to whoever decided to move the event inside.
He attended the Volusia County Round Table on August 10, 2015, and the Mayor's breakfast on
August 12, 2015, and stated the topic of discussion was the homeless plan, Safe Harbor. Their
current phase of planning is where they are going to go out to the cities to brief their plan and ask for
commitment. He stated that the topic and research have been going on for the past few months, and
discussed: each Council member needing to get a copy of the Safe Harbor plan and read it, and that
the devil is in the details; originally the plan was billed as a homeless plan, which it is not; it was
originated, and driven by the City of Daytona Beach, who is paying for the study, and paying Doctor
Marbut's salary, of which there is a significant cost in both; Daytona Beach has a significant
homeless population and problem, and are currently under fire by both the business and residential
communities for all of the problems the City is having; and discussed several of Daytona Beaches
problems caused by the current homeless situation. He discussed the well balanced, good deal of
articles and editorials coming out in newspapers covering both sides of the homeless issue; pressure
from various organizations and groups for the City of Daytona Beach to help the homeless; the
Mayor of Daytona Beach not being present at one single Volusia County Roundtable committee
meeting, but has chosen to send a Commissioner instead; considering this is the highpoint of what
Daytona Beach is asking for, he thought the Mayor would have appeared in front of one of the
committee meetings to give his pitch, but he has not; as for the earlier reports that were given on Safe
Harbor, we were either mislead, or there was some miscommunication because the plan, as it stands
now, is not what was presented. Questionable figures and formulas were presented by different
people on the committee advocating for Safe Harbor, which have been openly challenged and
debunked by not only church groups, but also the City of Deltona which publicly challenged their
figures, as seen in a series of articles that came from them; a lot of claims were highly suspect and
have been challenged, particularly by the church groups; discussed Mr. Rebman's challenges of
Doctor Marbut's figures and statistics; and stated that the outcomes have also been publicly
challenged because they are not matching. He discussed his research of the programs initiated in
San Antonio, Texas, and Pinellas, Florida; Doctor Marbut being well educated, although the
outcomes of those facilities are not what is being told, they are completely different; in San Antonio
they have moved out of Dr. Marbut's program, taken it over and moved in a completely different
direction because it is not achieving the original goals stated; project financing is based on a City's
size, not on population; Edgewater's share of funding is estimated at approximately $65,000 dollars
a year, for a five (5) year period, totaling over $325,000; and the agreement is proposed to be legally
binding, so that no Council can back out, rescind their offer, or stop payment. The police have been
monitoring the homeless population closely since they started asking for City homeless counts; a
month or so ago Edgewater had between six to eight homeless people, with the police chiefs current
update as around four to five; and those numbers identified, are the true homeless in Edgewater. The
Safe Harbor program itself targets a narrow aspect of the homeless population, in that, it is a
program for single men and women only, chronic offenders; it is in reality a jail diversion program;
it is designed to reduce jail costs; reduce the signs of vagrancy and panhandling, and to cut down on
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so called 'petty status" offenses; this is the primary outcome that their plan discloses; it is being
openly opposed by various homeless advocates in the Daytona area; Mr. Rebman previously
appeared before the Council and explained the issues he has with the program; Pastor Mike Pastori
has also been out to a number of the meetings, to include the Volusia County Roundtable, vehemently
opposing it because Dr. Marbut's plan calls for everyone to stop feeding and helping the homeless;
and wants to push them out of the City to get them out to the center; he is advocating that the church
groups stop everything they are doing to help the homeless and funnel everything towards him; and
that this is why they are so vehemently opposed to the Safe Harbor plan. The plan does nothing for
families; it does nothing for children; it simply moves the problem out of Daytona; these are the
reasons church groups, and others openly oppose the idea, using various forms of media; and they
are saying the money is better spent in other ways. The alternatives being discussed at the VC Round
Table are: a one (1) cent sales tax on food and beverage County wide to fund Safe Harbor instead of
asking cities to ante up; scaling back plans; looking for other funding sources; or broadening the
population to include families. At the last VC Round Table meeting a Councilman (he believes from
Daytona), suggested recalculating individual City shares, in the absence of Deltona stepping out;
Deltona's share being over $200,000 a year, which would bring Edgewater's costs share well over
$100,000; and that his suggestion was met with blank, disbelieving stares.
Mayor Ignasiak stated that after speaking with other Mayors, he expects other cities to follow
Deltona's refusal to buy into the Safe Harbor plan; and the reason for bringing the issue up to
Council is because there will be a group that comes in front of the Council to present the Safe
Harbor program and try to get the City of Edgewater to commit to the City's designated funding
amount. He emphasized Council members needing to read the plan, and look into the background,
because again, the costs are based on a City's population, not on their homeless population,
discussed it being patently unfair to ask the City to bear a significant burden to help eliminate the
major crisis and problems that the City of Daytona is currently experiencing; while the City of
Daytona is giving out tens of millions of dollars in tax breaks, and helping all kinds of businesses to
come through there; Edgewater will not share in Daytona's windfall when it comes back in the other
side, nor will it trickle down to the City; it is patently unfair for them to reach down into the
Edgewater community and ask to help solve their problem; the formula set up is unfair; that he and
several other Mayors that he has talked to, will support a one percent sales tax, to be voted on by the
public; that if the public buys into it and funds it that way, which evenly splits it across the County,
he feels it will be a more fair way to deal with it; and ask for Council comments.
Councilman Conroy applauded the Mayor's due diligence and stated: he also conducted research
since Mr. Rebman's presentation to the Council; he has been in contact with Mr. Rebman and other
organizations that have alternative programs; he was just waiting for the people from Safe Harbor to
come and do their presentation, at which time he will have some hard questions for them; he
concurred with the Mayor, and stated that to him, and in the words of some other people, it is just a
"jail diversion" program; they would just be warehousing people and not getting to the core problem
of why they are homeless; discussed Mr. Rebman, and putting people into housing, which has been
very successful; in every study that has been done, that is the way to go, giving people some dignity
and civility in their lives; helping people with the core reasons for being homeless; and applauded
the Mayor for his due diligence for the Council, and for the community.
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Councilman Blazi stated that it appears there is a large amount of tunnel-vision going on in this
particular program; there has been so much concentration towards this one program that other
business models are not being explored; when other business models are coming up, and other
solutions that have occurred or been utilized in other areas of the country, when those examples are
being shown, it appears that those voices are being shut out from the public dialogue, which is
problematic to him; regardless of what his stance has been with the faith organizations, there is a
multi-coalition of churches, which usually tends to carry weight when it comes to coming up with a
solution to the homeless problem, and that possibly they may need to look at the overall solution that
is being forwarded by Daytona; again, looking at the costs, Edgewater could create and fund their
own place for that costs, housing every homeless person in Edgewater with that; and stated that there
are many other ways of looking at things. He discussed the possibility of creating an overnight park
for people to use; stated there are a hundred different ways at looking at the problem; he feels there
is tunnel-vision right now at looking at the problem; and that other options need to be explored.
Councilwoman Bennington stated that she does not know about a once cent tax; that she would have
to really think about that suggestion; her immediate problem when the issue was brought up was,
Edgewater does not have the problem; questioned why the Council should use Edgewater resident's
money to fund something that isn't going to help Edgewater in the long run, in any way, shape, or
form; that it is a lot of money; concurred with Councilman Blazi that there is a lot of tunnel-vision;
one would think that the coalition of churches would have a better idea and plan on how to handle
the homeless situation;and stated that she its totally against funding anything like the plan.
Councilwoman Power stated that the once cent sales tax, with everyone making the decision would
be the way to go; she thinks the Safe Harbor is not a good thing; if there were unlimited funds, it
would work for a portion of the homeless, but only a fifth or sixth of the homeless, which does not
even address the entire problem; they are paying $185,00 and more for the person to do the
consulting; and if he is fudging the numbers to make it look good, that makes it even more upsetting
to her. She asked when Edgewater has a homeless person, do the police pick them up and take them
to Daytona and drop them off at the shelter; and ask how it would work? Mayor Ignasiak stated that
according to the plan it is strictly voluntary; if picked up and offered to be taken to the facility and
they say no, that is it, it is strictly voluntary. Councilwoman Power also discussed transportation to
the facility, and who would pay for the police officer time.
Mayor Ignasiak closed by stating that the information he provided is strictly informational so
Council members will know what is out there; what is coming; and discussed the Safe Harbor
planners deliberating picking this time of year to brief City's so they could get into the budget cycle
before budgets are set; there is no intent for a decision, just to provide information.; and to provide
background information, to let everyone know where the plan is heading, and where other cities are
going with it.
Councilwoman Power stated that she is disappointed in Mayor Henry for not being involved in a
problem that is clearly Daytona's; one of the things being said is that if it is Daytona's problem, then
it is the County's problem because Daytona is a part of the County, and we are all one family and
image; she noticed that in the last six (6) months there are a lot more visible homeless in Daytona
right now; and discussed areas the homeless frequent in Daytona Beach.
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7. CONSENT AGENDA
A motion was made by Councilwoman Power, second by Councilwoman Bennington, to
approve the Consent Agenda.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi
and Councilman Conroy
a. AR-2015-106 Approval of Shenandoah Construction to perform sewer lining services in an
0 amount not to exceed$100,000
b. AR-2015-106 Joint Utility Planning Agreement between the City of Edgewater and Miami
6 Corporation
8. PUBLIC HEARINGS,ORDINANCES AND RESOLUTIONS
a. 2015-0-11(2) 2nd reading - Ordinance No. 2015-0-11; Glenn Storch, applicant, requesting an
amendment to the Comprehensive Plan Future Land Use Map (FLUM) to
redesignate a portion of property from Conservation to Mixed Use with
Conservation Overlay in the Deering Park project.
City Attorney Wolfe read Ordinance No. 2015-0-11 into the record.
City Manager Barlow made a staff presentation.
Mayor Ignasiak opened the public hearing
Denise Vales, 119 South Park Place asked if any of the developments would be required to put in
native plants instead of exotic plants; and if there is a way to make it a requirement? City Manager
Barlow replied that it is a recommendation, but not a requirement; and discussed the development
agreement process.
Ms. Vales discussed attending previous meetings where a study was mentioned to determine the
water quality of the lagoon, and asked if anything had come of it. Mayor Ignasiak replied that they
expect a report to come out from the Volusia County this month.
Mayor Ignasiak closed the public hearing.
A motion was made by Councilwoman Power, second by Councilwoman Bennington, to
approve Ordinance No. 2015-0-11(2). The MOTION was APPROVED by the following
vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi
and Councilman Conroy
b. 2015-0-14(2) 2nd Reading - Ordinance No. 2015-0-14; Amending the Comprehensive Plan to
update the Capital Improvements Element and the accompanying Capital
Improvement Program(CIP).
City Attorney Wolfe read Ordinance No. 2015-0-14 into the record.
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City Manager Barlow made a staff presentation.
Mayor Ignasiak opened and closed the public hearing.
A motion was made by Councilman Blazi, second by Councilwoman Power, to approve
Ordinance No.2015-0-14.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi
and Councilman Conroy
c. 2015-0-15 1st Reading - Ordinance No. 2015-0-15; Braker, LLC, applicant, requesting
annexation of 1.98-*acres of land located at 4170 S. U.S. Highway 1.
City Attorney Wolfe read Ordinance No. 2015-0-15 into the record.
City Manager Barlow made a staff presentation.
Mayor Ignasiak opened and closed the public hearing.
A motion was made by Councilman Blazi, second by Councilwoman Bennington, to
approve Ordinance No. 2015-0-15. The MOTION was APPROVED by the following
vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi
and Councilman Conroy
d. 2015-0-16 1st reading - Ordinance No. 2015-0-16; Braker LLC, applicant, requesting an
amendment to the Comprehensive Plan Future Land Use Map (FLUM) to
designate property located at 4170 S.U.S.Highway 1 as Commercial.
City Attorney Wolfe read Ordinance No. 2015-0-16 into the record.
City Manager Barlow made a staff presentation.
Mayor Ignasiak opened and closed the public hearing.
A motion was made by Councilman Blazi, second by Councilwoman Power, to approve
Ordinance No.2015-0-16.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi
and Councilman Conroy
e. 2015-0-17 1st reading - Ordinance No. 2015-0-17; Braker LLC, applicant, requesting an
Official Zoning Map amendment to B-3 (Highway Commercial) for land located
at 4170 S. U.S.Highway 1.
City Attorney Wolfe read Ordinance No. 2015-0-17 into the record.
City Manager Barlow made a staff presentation.
Mayor Ignasiak opened and closed the public hearing.
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A motion was made by Councilwoman Power, second by Councilwoman Bennington, to
adopt Ordinance No.2015-0-17.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi
and Councilman Conroy
f. 2015-0-18 1st reading - Ordinance No. 2015-0-18; an Ordinance approving and executing
an Interlocal Service Boundary Agreement between the City of Edgewater and
Volusia County
City Attorney Wolfe read Ordinance No. 2015-0-18 into the record.
City Manager Barlow made a staff presentation.
Mayor Ignasiak opened and closed the public hearing.
Councilman Blazi asked what happened to Fisherman's Cove, and City Manager Barlow replied that
they are annexed in; with the adoption of this interlocal agreement Volusia County will dismiss the
case; and discussed how the agreement affects boundaries, and annexations.
A motion was made by Councilwoman Power, second by Councilwoman Bennington, to
adopt Ordinance No.2015-0-18.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi
and Councilman Conroy
g. 2015-R-19 Resolution No. 2015-R-19: Creating a Charter Review Committee.
City Attorney Wolfe read Resolution No. 2015-R-19 into the record.
City Clerk Brown made a staffpresentation, discussing the charter review requirements and process.
City Manager Barlow stated that he has asked staff to send any recommendations in any areas in the
charter that they may suggest to the Council to possibly be looked at; staff will provide their input to
him prior to September 14, 2015 Council meeting; he will present staffs recommendations to the
Council; Council would then take staffs recommendations, and their own recommendations, and
point the Committee in areas to look, which would give the committee a starting point.
Mayor Ignasiak opened and closed the public hearing.
A motion was made by Councilman Conroy, second by Councilwoman Power, to create a
Charter Review Committee referencing Resolution No. 2015-R-19. The MOTION was
APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi
and Councilman Conroy
h. 2015-R-26 Resolution #2015-R-26 Requesting FDOT convey surplus property to the City
located west of I-95
City Attorney Wolfe read Resolution No. 2015-R-26 into the record.
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City Manager Barlow made a staff presentation.
Mayor Ignasiak opened and closed the public hearing.
A motion was made by Councilwoman Power, second by Councilman Blazi, to adopt
Resolution No.2015-R-26.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi
and Councilman Conroy
2015-R-27 Resolution No.2015-R-27 Modifying the Purchasing Policy
City Attorney Wolfe read Resolution No. 2015-R-27 into the record
City Manager Barlow made a staff presentation.
Mayor Ignasiak opened and closed the public hearing.
Councilman Conroy asked the City Manager to provide clarification on what is involved in using
contracts with the State of Florida for big purchases, and Mr. Barlow replied; the usual, big ticket
item purchase procedure, as for instance, when a City purchases police vehicles; is to use the State
wide cooperative (co-op) purchasing program, which provides a base price; dealers have to place
their bids; the co-op provides a base vehicle, and options for add-ons; pretty much anything is
available through the co-op program; and he discussed the bid process, versus co-op purchasing.
Council and staff discussed: product quality; made in America products; other cities that use
products made in America; the feasibility of the City looking for products that are made in America
before deciding to purchase; opinion and preference in what is quality; relying on staff to do
research and to make recommendations; products made by Kubota, and by Grass Hopper; reasons
for the modifications to the State purchasing policy, and economy of scale; reasons the State initiated
the co-op purchasing policy; other American products that are not completely made in America, like
Harley Davidson; any business, including local businesses, are eligible to participate and submit
bids in the co-op purchasing program; when possible, using products that are made in America, but
also watching out for the tax payers dollars; possibly adding language to the City's purchasing
policy to look at American made products first; being careful not to cut out the co-op purchasing
program; defining what "made in America" means; how to determine what percentage of a product is
made in America; American made versus American "based" companies being a simpler definition;
the City's policy already saying to patronize local businesses that meet the equipment and/or City's
specification of needs; field statistics on comparing the Kubota and Grass Hopper lawn mowers; and
the City Manager's discussion with a local lawn mower dealer to allow them to use the City's
maintenance records for establishing which is the better lawn mower;the Kubota or Grass Hopper.
A motion was made by Councilwoman Bennington, second by Councilwoman Power, to
adopt Resolution No.2015-R-27.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi
and Councilman Conroy
9. BOARD APPOINTMENTS-None at this time.
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10. OTHER BUSINESS
a. AR-2015-105 John Dupont, applicant seeking a local contribution and/or fee deferral/waiver
9 equal to $50,000.00 to be eligible to apply for federal tax credits to construct
affordable senior housing utilizing federal housing tax credits administered by
the Florida Housing Finance Corporation
City Manager Barlow made a staff presentation, and stated that Mr. John DuPont is present i,I
Council has any questions.
John DuPont, 188 Sea Hammock Way, discussed the application and selection process for applying
to use federal tax credits to construct affordable senior housing, utilizing federal housing tax credits
that are administered by the Florida Housing Finance Corporation. He discussed the selection
process being a "lottery" where all eligible applications are randomly selected; Edgewater having as
good a chance as any other City, as long as they have an application submitted; the submission for
this year will be the same location off Roberts Road; he is working with City staff on another
application/location, and hopes to be back before Council within a month; applications are due
October 15th; they expedite the lottery, so applicants know within two (2) weeks if they were
selected; the lottery is on an annual cycle; and that the Florida Housing Finance Corporation sets
all the rules, and administrates the program.
A motion was made by Councilman Conroy, second by Councilwoman Power, to give a
fee waiver equal to $50,000 to be eligible to apply for Federal tax credits to construct
affordable senior housing utilizing federal housing tax credits administered by the
Florida Housing Finance Corporation referencing AR-2015-1059. The MOTION was
APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi
and Councilman Conroy
b. AR-2015-971 Historic tree removal request for a 40.5 inch live oak tree at 418 Falcon Avenue.
City Manager Barlow made a staff presentation.
Council and staff discussed: reasons the request was rescheduled from last month's agenda; the tree
being in good health, but concerns about tree roots possibly causing damage; staff finding no
substantiating evidence of damages caused by the tree to the house structure, or any imminent
danger; the history of the tree ordinance; the three (3) options in the ordinance that are available to
Council; there not being an option to deny the request, but having to select one of the three options
that are identified in the ordinance; reasons the owner might want the tree removed; and there being
four (4)prior code enforcement cases for parking violations at the location.
A motion was made by Councilwoman Bennington, second by Councilman Blazi, to use
#3 if they want to remove it; Payment to tree fund per Section 21-311 equivalent to the
replacement cost of the replacement trees. Per Resolution 2014-R-18, historic tree
removal permit costs are $5.00 per square inch ($5.00 x 1,288" = $6,438. The MOTION
was APPROVED by the following vote:
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Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi
and Councilman Conroy
c. AR-2015-105 Historic tree removal request for a 37 inch live oak tree at 1016 S.Riverside Dr.
7
City Manager Barlow made a staff presentation.
Council and staff discussed: the arborist statement pertaining the tree; the proximity of the tree to
the structure, and possible damage to the structure; past Council decisions in similar historic tree
removal requests; and the three(3) options the Council has in accordance with the ordinance.
A motion was made by Councilman Blazi, second by Councilwoman Bennington, to go
with option #1: Determine the tree to be removed is in such a condition that it is
hazardous to the surrounding area or structure(s) that no replacement is necessary. The
MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi
and Councilman Conroy
d. AR-2015-105 Historic tree removal request for a 40 inch live oak tree at 135 Thomas Street.
8
City Manager Barlow made a staff presentation.
Council and staff discussed: there being two (2) trees, but only tree number one actually qualifying
for a historic tree request; the arborist report, and the tree showing signs of decay; the tree being in
a lot, not near the house; tree number one being in the front yard, and staff not being comfortable in
saying something would not happen to the structure;and the proximity of the tree to the house.
A motion was made by Councilwoman Power, second by Councilwoman Bennington, to
go with option #1, for tree #l, to let them remove the tree and have them reimburse for
the arborist report and to obtain the permit. The MOTION was APPROVED by the
following vote:
Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington and Councilman
Conroy
No: 1- Councilman Blazi
e. AR-2015-101 City Council provide direction to City staff to communicate an acknowledment
9 and recommendation to the River to Sea TPO staff regarding the U.S. 1 and
Park Avenue intersection improvements.
City Manager Barlow made a staff presentation.
Council and staff discussed: current businesses that are located at US1 and Park Avenue; effects on
property in the area; the need to widen Park Avenue being obvious; Volusia County agreeing to
widen the remainder of Park Avenue; the River to Sea Transportation Planning Organization (TPO)
looking for guidance from the City Council on the feasibility study; traffic jams at the intersection
due to tractor trailers trying to negotiate turning onto Park Avenue; submitting a letter to the TPO to
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widen the USJ and Park Avenue intersection; having the letter ready by the next TPO meeting so
Councilman Conroy can hand deliver it, and read it at the TPO meeting; the letter being ready by
next Tuesday;and giving all businesses the opportunity to be considered during the feasibility study.
After discussion, the Council concurred to have the City Manager prepare a letter to the TPO to
conduct an intersection widening feasibility study for USI and Park Avenue.
This Other Business Item was received and filed.
f. AR-2015-106 Whistle Stop Park Redevelopment
8
Jack Corder, Leisure Services Director made a staff presentation.
Council and staff discussed: putting in a temporary road; the benefits of having another access road
at Whistle Stop Park; survey results; determining funding and development costs; using part of the
current amenities and adding desired facilities; what to include in the final design; whether or not to
include a clubhouse in the design, for planning and future consideration, but not in the voter
referendum; options for the skateboard park, upgrading it, and adopting New Smyrna Beach's
business model for managing the park; using a portion of the skateboard parr or completely redoing
it; moving it to a different area in the Whistle Stop park complex, but keeping at Whistle Stop Park;
discussed authorizing staff to do a budget amendment to hire a consultant to start working on the
plan;and reviewed the timeline.
Councilman Conroy discussed possibly changing the name of the park; and making it a Veterans
Memorial Park
Council and staff discussed: surveying the public to see what they comes back with for a park name;
engaging the public well ahead of time, the costs of the project, generating realistic excitement, and
the importance of holding roundtable discussions with the public; when would be the best time to put
the voter referendum out to the public; other projects that were put out on a voter referendum; and
staff needing a motion and vote from Council in order to move forward.
A motion was made by Councilwoman Bennington, second by Councilwoman Power, to
move forward on the proposed redevelopment and authorize the appropriate budget
amendment to initiate the design engineering associated with the redevelopment costs.
The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi
and Councilman Conroy
g. AR-2015-107 Preliminary Tax Abatement Request-Northwest Lineman College
Economic Development/Redvelopment Coordinator Samantha Bishop introduced representatives
Josh Lucke, and Aaron Howell from Northwest Lineman College (NLC) to make a presentation to
Council.
After their presentation, Council, staff and the NLC representatives discussed: NLC's motto of
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City Council Meeting Minutes August 17. 2015
"benchmark standard of training"; engaged FP&L to discuss customer base; Edgewater's proposed
location and meeting site ready specifications; if they do come to Edgewater it would be in the later
part of 2016; the City of Edgewater being very receptive to NLC; students logistics (housing and
food) coming from the local economy; NLC being a good fit for Edgewater; setting a college
atmosphere; weather and the school's safety record; events and NLC involvement; what the next
steps would be if NLC selected Edgewater for their next college location; industry placement for the
school's students; the need for qualified lineman; providing a career path for residents; Mr. Lucke
stated that the main reason NLC is here considering Edgewater, is because of Mr. Barlow, and
especially because of the efforts of Mrs. Bishop, stating that Edgewater should really hang on to her.
This Other Business Item was received and filed.
h. AR-2015-107 Interlocal Agreement with the County of Volusia for Provision of Municipal
4 Services to the City of Edgewater
City Manager Barlow made a staff presentation.
A motion was made by Councilwoman Bennington, second by Councilwoman Power, to
approve AR-2015-1074 Interlocal Agreement with the County of Volusia for Provision of
Municipal Services to the City of Edgewater. The MOTION was APPROVED by the
following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi
and Councilman Conroy
11. OFFICER REPORTS
a. City Clerk
City Clerk Brown reported: attending a Public Records for Law Enforcement workshop, along with
Tracey Carpenter, Records Clerk, EPD; stated it was one of the better ones she has ever attended;
and she highly recommends others to attend the workshop in the future. She also attended the
Volusia League of Cities dinner in July, hosted by the City of Edgewater; there were 130 attendees;
and she was informed that the usual attendance is only around 100.
b. City Attorney
City Attorney Wolfe reported: as discussed in the "Closed"session City Council meeting, the City's
insurance company would like Council's approval to settle the case of Bernard Evans versus the City of
Edgewater, et al., in the amount of$25,000, with no admission of liability on the part of the City;and
asked for a motion from Council to either approve, or disapprove the settlement amount.
A motion was made by Councilman Conroy, second by Councilwoman Power, to approve
the settlement amount of $25,000 to Evans v. the City of Edewater. The MOTION was
APPROVED by the following vote:
Yes: 5- Councilwoman Bennington,Councilman Blazi,Councilman Conroy,Councilwoman
Power and Mayor Ignasiak
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City Council Meeting Minutes August 17, 2015
Mr. Wolfe also discussed the City's vote from the last Council meeting to foreclose the code
enforcement lien on the Travelers Palm property; as he began working on the project he learned
there is a large mortgage on the property; the property went into foreclosure in 2008, and at that
time the outstanding balance on the mortgage was more than $170,000; the property is valued at
only $70,000, or less; there is clearly no equity in the property; the City's code enforcement lien
would be junior to the mortgage and could be foreclosed out; and if the City did go through the
foreclosure process to get title to the property, the mortgage company could still foreclose out the
City. If the City were to foreclose the code enforcement liens; ultimately the City would be the
successful bidder at the foreclosure sale, and would take title to the property at that time; the City
would take title to the property, subject to the outstanding mortgage on the property; the City would
then owe the mortgage company $170,000; and if the City did not pay the mortgage, then the
mortgage company could close out on the City.
He believes the problem the mortgage company had in 2008 when they originally started the
foreclosure process was that one of the owners died, and then the surviving spouse also passed away,
so the property went into probate; he pulled 'some of the probate documents, which indicated that
there are four (4) heirs; each heir has a 1/4 undivided interest in the property; one heir is local, and
the others are spread around the country; the foreclosure that was started in 2008, was dismissed in
2014 for lack of prosecution; and the mortgage company has not restarted the foreclosure
proceedings.
Council and staff discussed: the four (4) descendants each inheriting a minus $45,000; the
descendants appear to have abandoned the property, with no one living there; the property is in
dilapidated condition; the heirs apparently have no interest in the property; code enforcement is
approaching the issue in separate ways, the foreclosure process; and by reaching out to the. bank to
see if they can get them motivated to get something accomplished.
Also discussed was an editorial article about someone buying property in Port Orange with $700,00
worth of liens; Port Orange drafting an abatement program policy; the Travelers Palm property
having a mortgage owed which is greater than the value of the property; the Travelers Palm property
being no comparison to Port Orange's property; the buyer misunderstanding that the liens well
exceeded the costs of the property; and the buyer being in negotiations to try and have Port Orange
abate the liens.
It appears the heirs have abandoned the property; the bank sold the debt and the current bank that
has it, may not be aware of the property situation; even if the City gets permission from all four (4)
heirs to demolish it, the City would have the title and the mortgage, but would still have to get
permission from the bank to demolish it; at this point the City needs to talk to the bank about it being
most costs advantageous to demolish the property; the property not being a dangerous or unsafe
structure; in fact it is far from being financially unstable to even do a condemnation; and that the
majority of the damage at the property is esthetics, but the properties structural integrity is in tact.
Councilman Conroy stated: he went to the property; was met by one of the property's neighbors, who
stated he feels Council does not care about the property; and that he assured him that the Council
does care. He contacted City Attorney Wolfe about making the Travelers Palm property one of his
highest priorities; to work with Code Enforcement Captain Jeff Lariscy to keep going forward, so the
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City Council Meeting Minutes August 17, 2015
City has some progression on the issue; the house is probably not the only property out there; it is a
new Council, with maybe a new approach; and that it may take some time to figure it out, but the
City has the right people in place to make it happen.
City Manager Barlow stated: the City has been pretty successful in working with the banks; there is
another case over on East Pine.Bluff that the City is working on as well; from a code enforcement
standpoint of view, the biggest challenge that stands in the way is Chapter 162; staff is trying to be
creative with both properties, to include reminding the bank that they own the property and are
responsible for it; the City will continue to maintain the property as best it can with mowing, and
other repairs as directed by Council, but at some time, the City may not be able to recoup all of the
costs; at the very minimum code enforcement has been directed to keep up with the contract company
doing the mowing services, and to add the charges to the property lien; and that unbeknownst to the
City, the bank's property manager pulled out, so the City had to start mowing the property again.
Councilwoman Power asked if the City has a list of properties that they mow each month, and Mr.
Barlow replied 'yes". He discussed recently updating Chapter 10 of the Code of Ordinances to help
expedite cases; the old code enforcement citation based process, versus the new process; and that the
updated process is a model from many other cities in Volusia County.
c. City Manager
City Manager Barlow reported: August 28, 2105 is the 50th anniversary celebration and plaque
dedication at Edgewater Elementary School, and he will put the event on his calendar and send
everyone invitations; the "Heart Walk and Lunch in the Park" is in Kennedy park this year; it is a
fund raiser for the American Heart Association; just as last year the City will do a picnic; and put the
Mayor, or any others in the dunking booth, which is another type of fund raiser for the event. He
called on Finance Director John McKinney to give a staff presentation on a possible change to the
Christmas parade route.
Mr. McKinney discussed: Council's direction to listen to the public; last year's parade and number of
entrants; the parade staging area, and that it could not be any better; the problem is, the Winn Dixie
shopping plaza has redesigned their parking area; there is the free standing Dunkin Donuts building
in the parking lot; you can no longer turn left onto US 1 going North bound from the Bank of
America corner of the shopping plaza, which creates an issue getting everyone out of the shopping
center; Edgewater continuing to grow, and there only being so many places in the area for residents
to park; suggested the parade route go along US 1; last year the sidewalks were not complete, but by
the time Christmas comes the US 1 sidewalks should be complete; the proposed route would go South
along US 1, from 10th Street in the old Winn Dixie parking lot, to Edgewater Drive and Friends
bank; using the big open field behind the school of music for bands to park and wait for students, and
other participants in the parade, etc.; this would also allow them to exit using Industrial" Boulevard,_
and facilitate ease of return for Fire Department equipment; there are no restrictions to closing off a
portion of US 1, and already having preliminary approval from the Department of Transportation '-
(DOT); the current route is 1.88 miles and has 55 access points; the new route would be 2.7 miles,
and only has 35 access points; the train track's effects on the parade route and start time for_several
years in a row; whatever parade route selected, it really comes down to what is acceptable for the-
community; the current route is a great route, and the City is used to it status quo; however, there
are a lot more opportunities for parking along US 1; and parade entrants are starting to ask for
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parade coordinating details.
Mr. McKinney asked Council if they would entertain a parade route change to US 1; and discussed
resident's questions about having a night parade, but stated that just changing the route this year
would be drastic enough.
Council and staff discussed: a previous parade along US 1 many years ago; needing a lot more route
information to make a decision; resident safety and North bound US 1 traffic; communication,
missing the parade, and a lot of families and children being disappointed; Florida Shores, the parade
route, and attendance; and more growth opportunities along US 1.
After discussion, the Council did not come to a consensus on the issue.
Councilman Conroy asked about the retiree and employee recognition program; and Mr. Barlow
replied that Human Resources Director Donna Looney has been working on it. They have found a
very limited, if any Volusia County examples that the City could use; hopefully, before the September
14, 2105 Council meeting, he will share a "draft" with the Council; discussed the concept of the
policy; stated that the Council will have it prior to their next meeting to discuss in draft; and then
finalize it at the September 28, 2015.
12. CITIZEN COMMENTS
Chuck Martin, 205 Cherrywood Lane stated: the sidewalks along US 1 are coming along really
great; that the City should purchase dilapidated houses that are for sale; renovate the houses; have a
lottery to give a home to a veteran in Edgewater; he would not object to a penny sales tax to pay for
it;and to consider using imminent domain to take dilapidated houses.
Chris Mathison, 2603 Fern Palm Drive discussed health insurance premiums for employees; stated
he works for the City, and is the union stewart for general employees; it has been brought to his
attention each year around budget time that the health insurance premiums are eating up most of an
employees pay increase; it would be great for the City Council, or Manager to work with them to try
and get it a little bit better for the employees; it would be a fantastic employee moral booster; he has
been union stewart since 2008, and the insurance premium eating up wage increases has always
been an issue;and ask if the City could try to get health insurance costs down.
13. ADJOURN
There being no further business to discuss, Mayor Ignasiak adjourned the meeting at 9:21 p.m.
Minutes submitted by:
Mitch& aaker, Deputy City Clerk
ATTEST: APP VffE��D: 3 J
6101
Bonnie Brown, City Clerk Mike Ignasiak, Mayor
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