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11-16-2015 - Regular 104Drive of Edgewater Edgewater,FL32132 EDGEWATER Meeting Minutes City Council Michael Ignasiak,Mayor Christine Power,District I Gigi Bennington,District 2 Dan Blazi,District 3 Gary T.Conroy,District 4 Monday,November 16,2015 6:00 PM Council Chambers 1. CALL TO ORDER,ROLL CALL,PLEDGE OF ALLEGIANCE,INVOCATION Present: 5- Mayor Mike Ignasiak,Councilwoman Christine Power,Councilwoman Gigi Bennington, Councilman Dan Blazi,and Councilman Gary Conroy Also Present: 3- City Manager Tracey Barlow,Interim City Clerk Robin Matusick,and City Attorney Aaron Wolfe 2. APPROVAL OF MINUTES a. AR-2015-131 Regular Meeting-October 5,2015 2 Councilman Conroy stated the name "Delores Miller", found on page seven (7) of the minutes. was incorrect;and the minutes need to be amended to read"Amy Vogt';from Shores Mower Repair. A motion was made by Councilwoman Bennington, second by Councilman Blazi, to approve the Minutes of the Regular Meeting on October 5, 2015, as amended. The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Bennington,Councilman Blazi and Councilman Conroy Absent: 1- Councilwoman Power 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATESIDONATIONS a. AR-2015-128 Certificate of Achievement Award Presentation to the Finance Department 0 This Presentation was received and filed. b. AR-2015-133 Certificates of Recognition for Sponsorship & Participation in the 2015 Fall 0 Festival&Haunted Forest This Presentation was received and filed. 4. CITIZEN COMMENTS Michael Visconti, 316 Pine Breeze Drive passed out an agenda to Council for the upcoming Pearl Harbor remembrance da3; stated they expected a large turn out this year; and thanked the City of Edgewater for their support. City of Edgewater Page I Printed on 12/10/2015 City Council Meeting Minutes November 16,2015 Fred Lovelace, 3223 Queen Palm Drive asked the Council to reconsider the confusion that has been caused with placing four way stop signs at intersections of 22nd Street, and Queen Palm Drive. City Manager Barlow stated that at the direction of Council, staff replicated the stop signs along 22nd Street, as they are placed along 26th Street. Councilman Conroy thanked Mr. Lovelace for coming in to voice his concerns; the City is looking at solutions to slow people down in Florida Shores; the implementation of stop signs was just one of those solutions that the City has to try to see if it does slow people down. James Preston, President of the Florida Fraternal Order of Police (FOP), thanked Council for the opportunity to speak; stated that the FOP represents over 20,000 officers in the State of Florida, including those of the City of Edgewater; and that he is here at the request of some of the officers of the Edgewater police department to support them, and their concerns with issues in the department, that they perceive to present a hostile work environment. He stated that he does not know if their concerns are true or not, they asked him to be at the Council meeting and that he has come from Tallahassee in support of the officers. He discussed: perceptions, and that sometimes they can be real or imaginary; and asked the City to give them an avenue of redress where the officers may bring forward their complaints in an arbitration type situation, where they are not intimidated, or in fear of retaliation, or retribution. Mayor Ignasiak asked if the Union has a grievance process in place to address contract violations; and Mr. Preston replied ',es". Mr. Preston stated that some of the officers have stated they are in fear of bringing their complaints forward, due to possible retaliation; that he does not know if their complaints are valid or not; and that the FOP is simply asking the City to look at those complaints in a way where the officers can feel comfortable speaking to somebody, to bring those issues forward. Mayor Ignasiak stated: unless they have some substantive, documented proof or factual basis for a grievance violating the union contract, or policies and procedures of the department, the Council could not entertain the request, because nothing has been presented that state officers are in fear of retaliation; there is a system in place that has worked for years, and he is not about to toss it out the window; the process is in the FOP collective bargaining agreement (CBA) that the City has signed on with; suggest, that the union, as the City does, follow the CBA to address any grievance or issues that members may have; and if there are issues regarding intimidation, the City will need to investigate those, but that he needs something substantive to be brought forward. David Obrien, 1204 Stable Palm Drive, stated: he is the secretary for FOB Lodge Local 40, which represents the majority of Edgewater police officers; Local 40 members are part of the community; they have come to support the Edgewater police officers; that they think there is an increased hostile work environment; and asked the Council members to have a vote to authorize an independent investigation into the leadership and management style of the Edgewater Police Department. He discussed his past police experience; having fair and balanced punishment where it is deserved; compared past Edgewater internal investigations, to other local municipalities; ongoing investigations; his attempts to get FOP members to come to voice their concerns, but them not coming because of fear of retaliation; all of the ones in attendance are in support of the Chief of Police; the previous allegations and Florida Department of Law Enforcement (FDLE) investigation against the Chief which came back with no formal charges being determined by the FDLE, but they City of Edgewater Page 2 Printed on 12/10/2015 City Council Meeting Minutes November 16,2015 did feel there was violation of City policy, and possible ethical violations. He discussed: being held to a higher level of standards; media relations and the police image; leadership and management; officer's morale; and again asked for an independent investigation of the Edgewater Police Department. Council discussed:citizen comments,and their allowed time; City policy;and Roberts Rules. Carolyn Thide, 226 Oak Branch Drive, stated she would like to give her time to Mr. Obrien to speak, and City Attorney Wolfe replied the City policy on meetings does not allow one member to pass time on to another. Tim Webb, Edgewater Police Department, and Inner Department representative for the FOP, stated: that while Mr. Obrien is here as a FOP representative, he does not represent the majority of the people that work for the department; however, Mr. Obrien was correct in stating that there are a lot of people here that are in support of the Chief of police, the administration, and of the City, on the direction they are going; and discussed the few in attendance at the meeting to speak against the community and the department, as compared to the many that are in attendance to speak for the positive progress being made by the department. He also discussed: as an inner department representative, no one having approached him in the past year to make any allegations that anything was done unfairly; nor has any State representatives brought any such complaints to his attention, or to the attention of the other two (2) inner department representatives; not following the proper process to file grievances tarnishing the reputation of the City, the department, and the law enforcement profession; that during CBA negotiations, the City Manager, Police Chief and staff, came back with better offers for the members than were even requested; the unfairness of one sided agendas; discussed how good the department is, with very good people, however, there will always be the few, in the private and government sectors; and stated that he supports the City, the Chief and the department, as they move forward Corrie Sapp, 2630 Travelers Palm Drive, discussed: taking into consideration their oath, and to bring up any information they know for discussion;and is Council looking into the situation. Edgewater Police Officer Charles Geiger stated: he did a quick head count of approximately 23 police officers in attendance that are representing the Chief and the police department, which is an obvious majority of the department's 34 members; discussed the fairness of previous recognitions and investigations; stated the issues at hand are being blown out of proportion; and thanked residents for their support of the police department. Edgewater Police Officer Myles Lawler stated: he has been an Edgewater officer going on eight (8) years; none of the issues have been brought to his attention; discussed gossip and rumors, and none of them being addressed through the grievance process; the FOP not representing him on the issues brought before Council; he has been a subject of both discipline, and merits and accommodation, and feels the department's discipline has been fair, just, and unbiased; the people who are complaining clearly are not in attendance at the meeting, and police officers standing up and facing fear on a daily basis; that the Chief the administration, and the police department personnel, are all well trained and going in the right direction to protect the people of Edgewater; and improvements in equipment and training, and the department making strides in the eight years he has been here. City of Edgewater Page 3 Printed on 1/6/2016 City Council Meeting Minutes November 16, 2015 Chris Butcher, 1924 Fern Palm Drive, discussed: the City's tree policy, and an oak tree issue that is on the agenda; having an Arborist decide to remove a tree, instead of resident's having to come before the Council; and asked how to request the Council review and update the City's tree policy. City Manager Barlow explained the City's tree policy procedures, and informed Mr. Butcher that his citizen comments would serve as his request to have Council look at updating the City's tree policy. Chuck Martin, 205 Cherry Wood Lane, discussed: trunk or treat, and thanked Councilman Blazi and everyone else involved that made it such an excellent event; the Rail-Trail ribbon cutting, and thanked the Edgewater Police Department (PD), Chief of Police, and Councilman Conroy, for making sure participants could safely cross the road; having lived in Edgewater for most of his life, and Edgewater PD always being there for residents; thanked the Edgewater PD, and the Chief for always being available to residents, and doing a good job; being one of the safest cities being a main reason that people want to live in Edgewater; that with three (3) retired Edgewater police officers on the Council, if there was a problem, they would definitely get it resolved; and he expressed his gratitude to the Edgewater police department. Edgewater Police Officer Matt Snyder discussed: a police officer is being killed every 58 hours in the United States; not following established grievance procedures reflecting poorly on the City; if there is an issue, if you do not screw up, you will not get disciplined, if you do, accept it and move on; being an Inner Department representative for four (4) years, and no one coming to him with a grievance; police officer accountability in today's society; people not attending the meeting to provide information, and speculation; Edgewater having a great police department, and being 100% better than they were five(5)years ago;and stated, "f it is not broke,don't fix it". Councilman Conroy discussed: people taking time and effort to attend the Council meeting, and giving people an extra minute or two to speak, not extending the meeting terrible long; freedom of speech applying for accolades and complaints; and people being able to come to a Council meeting and get their idea out. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA Mayor Ignasiak suggested moving item 10f Interlocal Agreement between Halifax Hospital Medical Center and the City of Edgewater, up on the agenda, to go before the "City Council Reports"; and the City Council members unanimously concurred with his suggestion. 10f. AR-2015-131 Interlocal Agreement between Halifax Hospital Medical Center and the City of 9 Edgewater City Manager Barlow made a staff presentation. Bill Griffin, Director of Strategic Planning, Halifax Hospital, and Doctor Springer, the leader of Halifax Emergency Department's positions, hospitalist, and intensivist, provided an overview of what medical benefits and the Interlocal Agreement (ILA) with Halifax Hospital would provide to the residents of Edgewater; and stated that they would hope to open the latter part of 2016 or the beginning of 2017. City of Edgewater Page 4 Printed on 1/6/2016 City Council Meeting Minutes November 16, 2015 Mr. Barlow stated that there were two (2) amendments to the ILA that were agreed upon, after the Council agenda was published; one being item No. 14, discussed recording agreement, and a change to the effective date of the agreement; and Item No. 8, which states that the agreement will be null and void if the facility is not open to the public by December 31, 2018. Council members expressed their approval and pleasure that the residents will finally have a medical facility in Edgewater; and the positive effects on the Community Redevelopment Area (CRA) with Halifax Hospital establishing their emergency center in the CRA. A motion was made by Councilwoman Bennington, second by Councilman Conroy, to approve the Interlocal Agreement between Halifax Hospital Medical Center and the City of Edgewater.The MOTION was APPROVED by the following vote: Yes: 5- Councilman Conroy,Councilman Blazi,Councilwoman Bennington,Councilwoman Power and Mayor Ignasiak 6. CITY COUNCIL REPORTS Councilwoman Bennington reported attending the Rail-Trail ribbon cutting ceremony; and stated that in as far as "Citizen Comments" it is her personal opinion that employees, or anybody, that is afraid to come forward because they are afraid of retaliation, in her vocabulary, that is a coward; that is somebody that won't stand up for themselves, and they want somebody else to do the work for them; as far she is concerned, that is cowardly; and anyone who won't stand up and say that they have a problem, then they don't need to be heard, if they won't stand up themselves. Councilman Blazi reported: the Fall Festival and Haunted Forest being outstanding events; the Rail-Trail ribbon cutting; the Rail-Trail, and things like the Halifax ILA continuing to advance the City. He stated: that he disagreed with Councilwoman Bennington's comments, just because someone doesn't want to come forward he does not think it has anything to do with cowardice; there are certain perceptions that a person has, and their perceptions will make them afraid to have their voice heard openly, because they feel, whether justified or not, that their head will be on a chopping block if they do so; that during the "Citizen Comments", that he does see a problem with the department, but does not know where that problem is; whether the problem is with just a few officers or not, but he does see a large portion of the Edgewater PD officers at the meeting in support of the Chief of police; and that he is not seeing a large amount of solidarity among the law enforcement officers to give the Council a vote of no confidence, or something to that affect, and he has to weigh all of those. Officers have called him, anonymously, who truly feel that they would be targeted, individually if they were to speak up openly; he did his due diligence and spoke to more than just the ones that had anonymously contacted him, and he received dissenting, and totally different opinions; suggested that the entire thing be tabled for a separate meeting just to hear this one item; and to let an investigation go ahead and actually occur. He explained his idea of an investigation as one conducted by the City Manager; discussed a past Chief of police investigation that he feels was not conducted properly; wanting to wait to hear other comments; and at a later point in the meeting possibly making a motion for an investigation. Councilman Conroy reported: Operation Caught in the Crosswalk, and people not wanting to stop when someone is in the crosswalk; approximately 40 cars being pulled over to be educated about stopping when someone is in the crosswalk; Ms. Amy Vogt discussing a new technology about strobe City of Edgewater Pages Printed on 12/10/2015 City Council Meeting Minutes November 16,2015 lights and crosswalks; he is investigating her suggestion with the Transportation Planning Organization (TPO); it is something he hopes to incorporate into the City, especially around schools; pedestrian safety, and the City's responsibility to make it better and safer; and the PD and the City continuing to be more proactive, rather than reactive. He discussed: the Rail-Trail ribbon cutting, and bicycle helmets donated by the TPO, and Mr. Barlow stated the ones that were not handed out were returned to the TPO; the Charter Review Committee, and the City not making good use of social media; the Charter Review process and what the Charter covers, and not having input from citizens; and suggested the City Manager come up with a plan to advertise meetings, that concentrates more on using today's technology. City Manager Barlow discussed changes made today by the City, in using social media to advertise meetings, and events;and stated that he thinks the Council will see a great improvement. Councilman Conroy reported: there is one more Charter Review Committee (CRC) meeting, and Mr. Barlow stated the next meeting is December 14, 2015, starting at 6:30p.m.; Councilman Conroy discussed the Charter, and what it covers; the Charter, the election process, and he suggested mirroring what the County does for elections for qualfing by petition; Mrs. Brown stated, that since the Charter is silent on petitions, candidates have to pay the qual fying fee, which is one (1) percent of the annual salary of the office you are seeking; and City Manager Barlow discussed the CRC having an opportunity to look at, and consider replicating recent election changes made in the Florida Statutes. Councilman Conroy continued, and reported: the CRC process is very interesting; not to complain if you do not like the Charter, if you do not show up for the CRC meetings; and looking forward to the Kennedy Park update later on in the meeting. Council members and staff discussed: parliamentary procedures, Roberts Rules of Order as it relates to motions; and Mayor Ignasiak directed the City Manager and City Attorney to look into parliamentary procedures, and City meeting policy rules relating to motions. Councilman Conroy stated: his comments on the Edgewater PD are: he knows everybody, because when he retired, he was the dinosaur, the oldest guy there; he has known the police chief for 25 years; he helped him get his job, after begin passed over when he was in the reserve; of course they have had their differences over the years because he was a part of the Union and of the Pension Board, and of course sometimes Union and management don't always agree, they agree to disagree; he believes the officers, the ones who are not here, have some valid concerns; he does not care if the majority that are here, says that about the 5- 10 that are not here; it is the Council's job if there is a problem, to look into it; he thinks there should be an independent person to come in and look at the department, and the morale; he could go on, and on, about what officers have said, there allegations, third party's atonement, but he is not going to do that; but what he would suggest, and maybe he will make a motion after he hears everybody's comments, is that there are great people in the community, he knows there is a great guy, William Lacory, former Chairman of the Training and Standards Commission, a guy whose credentials are above reproach, who may or may not do it, but if the Council chooses to do it; and asked Mr. Barlow about a previous Florida Department of Law Enforcement investigation, things that Mr. Obrien had said, and asked if there was any investigation at that time about possible policy violation; and Mr. Barlow replied "no'; that the FDLE report suggested that there could be, and made some reference, but there was nothing substantial, and they would not identify any particular policy, or violations;and that it was very vague. City of Edgewater Page 6 Printed nn 12/10/7015 City Council Meeting Minutes November 16, 2015 Councilman Conroy suggested that is how things fester, and rumors start; to stop the festering of wounds now; there being no statute of limitations on policy violations; not having a problem if the Chief is just doing his job; police officers going out every day putting themselves in harms way and this situation being a horrible way to go out on the street; and discussed the importance of the brotherhood, and camaraderie. A motion was made by Councilman Conroy, second, for discussion only, by Councilman Blazi, that the City Manager find an entity, upon our review, to do an independant study of the internal workings of the police department, and any violations of hostile work environment. COUNCIL REPORTS-Discussion Only Councilwoman Bennington stated: until today's meeting, she did not know the City had as problem in the police department, every officer she talked to, there was no problems; now the Council is going to ratify the contract, which shouldn't be a problem, and there are all of these problems? She clarified her earlier statement, and stated: if a man, or a woman, can't stand up for themselves, when they believe they are being unjustly prosecuted, in whatever way it is, and they want someone else to do it, then that is a coward; and discussed a person's natural instinct being to defend and attack, not to hide, and those that won't stand up for themselves, but ask others to. Councilman Conroy asked if those individuals came up to the podium, what weight would she give their problem or their issues. Councilwoman Bennington replied that she would give it serious consideration, because she thinks anybody that would get up in front of Council and present their problem, then it needs to be looked at, correctly; she gave examples of people or companies, who in the past, would not come out and voice their issue correctly; stated that she thinks this is a non-issue; how excellent the police department has been since Chief Arcieri has been there; the City has great police officers, and CAPS program; she does not see an issue at all; and that if officers want to complain, then go through the process, and be a man, or a woman. Councilman Blazi stated: his only dissent is, he does not think, given the scope of the particular problem, or given the type of problem, it should be a separate entity coming in, and outsider coming in to the City conducting an investigation, where the City's staff could conduct an investigation with individual officers; and discussed some of the standard things that would be done; that bringing someone in, is saying the Council does not have faith in, or can rely on their City Manager or staff discussed nipping it in the bud, and addressing the issues; internal affairs investigations; the vast number of officers being in support of the staff allowing the City Manager to do his job, and bringing the results back to Council; determining if, and what type of problems there are; discussed who could assist with the investigation; finding out what is going on; complaints being valid, even if they do not follow the process; and that his only derence with Councilman Conroy, is that he feels the City Manager should do the investigation, and has no problem with a Union man sitting right there with him. Mayor Ignasiak stated: he does not want to breath life in to something that is not there; he looks at this as a manufactured crisis; the Union overwhelmingly approved the contract, which the Council will vote on tonight; there are no sustained grievances, there are no contractual violations, there are Cin of Edgewater Page 7 Printed on 12110/2015 City Council Meeting Minutes November 16.2015 no labor bargaining issues; the professionalism of the police department has risen tremendously; lawsuits have dropped off significantly, and citizen satisfaction is at an all time high since he has been here; officers are being held accountable; officers standing up for things they have done, doing it right, and felt that the discipline that the department was handing out was fair, and even; all steps of the due process are being followed rigidly; again stating that this is an artificial crisis, not a real crisis, it is just made up, an attempt to circumvent recognized and established avenues discussion and control; we have them in place, this is why we have a contract with the union; this is why you have the officer's bill of rights; this is why we have policies and procedures to follow; the Council does not need to go out and by-pass an existing system that is working because somebody feels they are not being treated fairly, that is not the way it works; the bottom line, the way he sees it, is the Edgewater City Council, composed of elected officials, are the ones that run the City and direct the City Manager, and his staff on what the City does here, not the police Union; local government exists to serve it's citizens, not it's Union, the tail does not wag the dog; the City has an excellent police department; the Council has heard the majority of the police officers speak tonight, highly about the police chief the professionalism, and everything we have there; we as a Council fully support those who follow this ideal, including the city manager and police chief he is not about to bring in an outside entity, because that gives a vote of no confidence, not only to the city manager, but to the chief of police, and the fairness in the process, that the Council has heard a vast majority of the officers state is fair; there is an obvious disconnect between the Union representatives and the Edgewater police officers who go out on the streets and knock on our residents doors; the officers are the ones serving the City that we counting on, and I am listening to them, and what I am hearing from them is a big disconnect; and that he is not hearing the same thing that the Union representatives are saying, and as such he won't entertain bringing anybody else in from the outside to do anything, because to him there is no crisis. Councilwoman Power stated: in the history of the Chief there were actually two (2) independent studies done; the FDLE came in and did their due diligence, and there was disciplinary action taken, the Chief was suspended for a period of time; then there was an outside one done by the retired Edgewater Police Chief who came in and went through the department, and gave the city manager a report on how the department was being run, with some things that needed to be cleaned up; from my point of view, the City has already been through that process; and stated that if there are alleged issues, which none of that information has come forth, that there isn't even any information on whether they are recent or old. Councilman Conroy asked Mayor Ignasiak if he would support an amended motion for an internal review; and Mayor Ignasiak replied "no", he finds no factual basis for any violation whatsoever; no facts have been presented of any violation of the contract, the bargaining rules, or any department policy or procedure;and stated that this is nothing this is just a false crisis. Councilman Conroy yielded the floor to Councilwoman Power, for comment only. Councilwoman Power stated: Mr. Webb, did not have anyone come in and speak to him; if that is a problem within the police ranks, and he hasn't heard any of these issues, then where is the disconnect; and that if someone in the police department has an issue, they should be able to go to someone within. Councilman Conroy stated: they do have that procedure; they can go to their Union Steward, if at sometime during their collective bargaining agreement there was a violation, there is a grievance City of Edgewater Page 8 Printed on 12/10/2015 City Council Meeting Minutes November 16,2015 procedure, and there is binding arbitration grievance procedure; so yes there is a vehicle; discussed the reason the officers told him they did not, and discussed a previous grievance that he had brought to Council when he was still a police officer; stated that he did tell the officers to come in and something, to take a stand, and move on, as he did; the officers did confide in him, but his repeating their issues would be hearsay; after hearing their issues, he does have some concerns; it will continue to fester, the gossip, the rumors, and the infighting; the officers do not have confidence in the 'pipeline"for voicing issues; there is some internal struggles, but it would be improper to speak for other individuals, and he told them to come in; discussed hostile work environment, and stated they have chosen to do what they have done; and that the Council is their spokesmen, most of them live in Edgewater, and when a citizen, like Mr. Lovelace who had a problem, and told him reasons to come in and talk to Council about it. He stated: that to me the problem is going to fester; if we have some investigation, then it is over and done; discussed previous witch hunts, and providing a way for some people to vent; and not everyone is going to love the Chief of Police, and that comes with the position. He stated: I would not have a problem amending the motion to be an internal investigation; I have all the confidence in Mr. Barlow; the investigation will be scrutinized by Council, and maybe the Union; I want it to end; I do not want to get the phone calls anymore; and he discussed what they are telling him, as being troubling to him. Councilwoman Power asked: if they did not go through the pipeline, or chain of command then, why would they go through the city manager now. Councilman Conroy discussed: a situation when someone had previously retired, and the individual did not get their police badge, that he had went to the city manager to resolve the issue. Councilman Conroy asked Mayor Ignasiak if he also received emails form the officers, and he replied, 'yes'; and that this is completely manufactured and that is his opinion. That we have officers inside the department that he sees, and he would qualify that with the fact he has 32 years in law enforcement himself, who sometimes do things they are not supposed to do, and when they are held accountable, they don't like that idea;and that is the Chiefs job, to hold them accountable. Councilman Conroy stated: his seventeen year old is not talking to him because he has held him accountable; his point is, he does not want it to fester in in his own family, with his seventeen year old child with his with his son, nor does he want it to fester in the City with the police officers; discussed being transparent, and get it out there; if at that time they don't step up and say something, they had the opportunity;and confidentiality is the name of the game. Councilman Conroy made a motion, with a second by Councilman Blazi, that the City does not go to an outside entity, and directs the City Manager to decide what process needs to be used, to conduct an investigation into the management, or mismanagement of that department. City Manager Barlow stated that for the benefit of Council, and before they make their decision, he would like to address the Council; at which time he discussed accountability issues in the police department when he accepted the city manager position in 2007, where he was faced with addressing the following issues: numerous outstanding negligent suits; a married patrol officer having affairs all over town, known by his supervisors, but never addressed; the same officer later releasing a prisoner for the exchange of oral sex, and subsequently created a $100,000 law suit on the City of Edgewater; City of Edgewater Page 9 Printed on 1270,2015 City Council Meeting Minutes November 16,2015 a victim advocate who had opened a personal bank account with the assistance of the police chief at the time, his wife, and was depositing donation checks in to the account; a victim advocate that was harboring runaway victims out of State; had a DARE officer on the payroll that nobody could account for his whereabouts for entire summer breaks; evidence with very little accountability; an employee with fraudulent workers compensation claims whom they had to put under surveillance, and could be under surveillance currently; two (2) married police officers having an affair and was common knowledge among their supervisors; a patrol officer harboring known felons, and would loan her personal car to such, with her issued police equipment in the back seat of the car to go in to a neighboring City to buy drugs; a patrol officer who would confiscate evidence, and would give to friends of his, versus properly submitting to evidence; a supervisor that left a Meth lab in the trunk of a vehicle that was towed to Edgewater Towing after a traffic homicide investigation which jeopardized the chain of custody; a pension board where it's members had credit cards and they were renting automobiles, although they were assigned City vehicles, and were attending conferences making purchases well exceeding the authorized per diem rates that were established by Chapter 112; a traffic enforcement division that showed very, extremely low productivity; had the lowest paid police officers in the entire County; the majority of, if not all of the police cars had over 100,000 miles on them; there was virtually no training; there was no second in charge, or succession planning of the department; basically, when he took over he certainly determined at that time, that the citizens deserved better than that, they deserved to be protected and served by mature, well trained, brave individuals, who were dedicated to the citizens; the City Council, and the City Manager deserves brave employees who can be trusted, and hold themselves accountable, which has been a nexus of this, for their actions, and continue to strive to be better; he has had a wonderful, and great working relationship with their Union representative, Ned Goulden; as a matter of fact, he has carried a handful of grievances too, that have made it to his desk; every single one of those grievances, he has prevailed on, including getting an officer his job back; the only grievance where he did not prevail, was the determination of Tim Huggins, which was part of the due process, where the City even allowed the FOP to by-pass a step in the grievance process, in an effort to expedite it; so not only did they grieve that determination hearing, and that is the only one that the FOP did not prevail on that followed the process; it later went to an impartial arbitrator, selected collectively by the FOP and the City of Edgewater, and overwhelmingly the arbitrator supported the City of Edgewater, the decisions, and the actions on how that had happened; there was a 45 day appeal period, as part of the process as well, which he elected not to take; so, not only did that substantiate, but it validated the things the City were doing correctly; as Council is aware of the last disgruntled employees that have left the City of Edgewater, and countersued the City, have lost those suits, which once again validates the direction the City is going; so there is definitely a process in place; he has went through this before when they come with these suspicious rumors, and with these allegations; he has called in the Florida Department of Law Enforcement (FDLE) to conduct the investigation; they conducted an investigation, the investigation came back, and because it didn't come back to the liking of those very few individuals, then they called foul on the investigation, and said it was flawed because the police chief was there, and he influenced those individuals; so he sent the police chief home on paid administrative leave; and they went through the investigation with the FDLE again, and the results came back the same. He would not recommend wasting the time of someone as professional as Mr. Lacorre; he would certainly not accept the responsibility to go through the process, because those individuals now, do not have any trust in him; so whatever he does they will call foul on that as well; he suggested calling in the "Ghost Busters" they eradicate ghosts, and they mitigate the situation; but that is all that this is ghost complaints; the City has a process; their City of Edgewater Pulte 10 Printed on 12!102015 City Council Meeting Minutes November 16, 2015 representative Ned did a wonderful job representing them through the process, once again where they prevailed; f they do not trust him, then they can also have a personnel director that they can submit their complaints to. Councilman Conroy stated that Mr. Barlow seemed very well prepared, and Mr. Barlow replied 'yes'; that this was brought to his attention long before the Council meeting; and that he and Ned had a 40 minute conversation on the phone on Friday, where Mr. Barlow shared his disappointment because of their professional relationship they had in the past, and he was aware of tonight's ambush,yet it was brought to his attention by other means. Councilman Conroy stated: some of those things Mr. Barlow listed involved him; and he takes exception to that, but preferred not to go over old ground. Mr.Barlow apologized for history, but stated that he cannot change history. Councilman Conroy stated: that the history mentioned is Mr. Barlow's history, and his version of history; and that he thinks one of the problems is that the city manager, and the chief socialize on the weekends, and go camping together; and Mr. Barlow replied, "I socialize with many people on the weekends, and the chief is one of those". Councilman Conroy stated: the city manager also goes camping with Council members; Mr. Barlow relied that he also helped Mr. Conroy get his job with the City, and build his house; and Mayor Ignasiak stated that they were getting off track, and needed to focus on getting back to the motion. Councilman Conroy stated: a lot of the issues mentioned by Mr. Barlow had already been addressed; compromising, and finding common ground; if not addressed, the situation would continue to fester, not stop, and erode the morale; and all of those officers attending the meeting in support of the chief not being veteran officers, and the younger officers maybe not having the experience to see the internal working of the police department. Mayor Ignasiak called for a vote on the motion. A motion was made by Councilman Conroy, second by Councilman Blazi, that the City does not go to an outside entity, and directs the City Manager to decide what process needs to be used, to conduct an investigation into the management, or mismanagement of that department.The motion failed by the following vote: Yes: 2- Councilman Blazi and Councilman Conroy No: 3- Mayor Ignasiak,Councilwoman Power and Councilwoman Bennington 7. CONSENT AGENDA Mayor Ignasiak called a 10 minute recess at 7:50 p.m. Mayor Ignasiak called the meeting back to order at 8:05 pm. A motion was made by Councilman Blazi, second by Councilwoman Power, to approve the Consent Agenda.The MOTION was APPROVED by the following vote: City of Edgewater Page 11 Printed on 12/10/2015 City Council Meeting Minutes November 16,2015 Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy a. AR-2015-121 Approval to accept the proposals for services from Sparks Concrete, LLC to 3 provide ADA compliant sidewalks on the south side of East Ocean Avenue from US Hwy 1 to Riverside Drive. b. AR-2015-123 FIND (Florida Inland Navigation District) - Addendum #3 to the Lease 8 Agreement for the dredged material site in ParkTowne c. AR-2015-124 Approval for Quentin L. Hampton Associates, Inc. to provide Grant Compliance 9 services for the Lamont and Hubbell Streets Stormwater Improvements Project. d. AR-2015-127 Approve the purchase of a 2016 Menzi Muck M3 and the internal loan 6 e. AR-2015-127 Purchase of a John Deere Backhoe from Nortrax in the amount of$96,564.50 8 f. AR-2015-132 Approval to accept the proposals for services from Sparks Concrete, LLC to 3 provide ADA compliant sidewalks on the north side of East Turgot Avenue from US Hwy 1 to Riverside Drive. g. AR-2015-132 Approval of the State of Florida's Division of Emergency Management (DEM) 4 Residential Construction Mitigation Program (RCMP) Agreement to provide residential wind mitigation retrofit improvements as identified in RFP-DEM-13114-034 on as many residential structures as possible during the period of performance of the Agreement and within the award amount. 8. PUBLIC HEARINGS,ORDINANCES AND RESOLUTIONS a. 2015-0-24 2nd Reading - Ordinance No. 2015-0-24: Amending Chapter 19.5(Vehicles for Hire)of the Code of Ordinances. City Attorney Wolfe read Ordinance No. 2015-0-24 into the record. City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman Bennington, to approve Ordinance No. 2015-0-24. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy b. 2015-0-25 2nd reading - Ordinance No. 2015-0-25; Glenn Storch, applicant, requesting an amendment to the Comprehensive Plan Future Land Use Map (FLUM) to City of Edgewater Page 12 Printed on 12/10/2015 City Council Meeting Minutes November 16,2015 redesignate a portion of property from Conservation to Mixed Use with Conservation Overlay in the Deering Park project. City Attorney Wolfe read Ordinance No. 2015-0-25 into the record. City Manager Barlow made a staff presentation. Mayor Ignasiak opened the public hearing. Joey Posey, Attorney at Storch, Morris & Harris, LLC, stated: they appreciate all of the City's help: the request pertains to about 14 acres, with no changes to density; they are not asking for anything when it comes to mitigating wetland impacts; and he is available to answer Council's questions, if any. Councilwoman Bennington asked how exactly it changes the use of the property by changing to "Mix Use Conservation, with Overlay"; and Mr. Posey replied that "conservation" usually applies to public land. Mr. Barlow discussed: Conservation zoning, and putting land into a trust; and the affects, and required processes of a Mix Use Conservation, with Overlay zoning designation. Mayor Ignasiak closed the public hearing. City Council and staff discussed motions; and whether or not it is required for the Council person who is making the motion to re-read the Ordinance title. City Attorney Wolfe stated that "he was not aware of that requirement". A motion was made by Councilwoman Power, second by Councilwoman Bennington, to approve Ordinance No. 2015-0-25. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy c. 2015-0-26 1st Reading - Ordinance No. 2015-0-26; Kenneth L. Bell and Theresa Olivetto, applicants, requesting annexation of .32± acres of land located at 109 Azalea Road. City Attorney Wolfe read Ordinance No. 2015-0-26 into the record. City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilwoman Bennington, second by Councilwoman Power, to approve Ordinance No. 2015-0-26. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy City of Edgewater Page 13 Printed on 12/12,21115 City Council Meeting Minutes November 16,2015 d. 2015-0-27 1st Reading - Ordinance No. 2015-0-27; an amendment to the Comprehensive Plan Future Land Use Map (FLUM) to include .32± acres of land located at 109 Azalea Road as Medium Density Residential. City Attorney Wolfe read Ordinance No. 2015-0-27 into the record. City Manager Barlow made a staff presentation. Councilman Blazi asked if the requested, Medium Density Residential, was compatible with the rest of the neighborhood, and Mr, Barlow replied "correct"; and discussed neighborhood compatibility and density. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilman Blazi, to approve Ordinance No.2015-0-27. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy e. 2015-0-28 1st Reading - Ordinance No. 2015-0-28: Kenneth L. Bell and Theresa Olivetto, applicants, requesting an amendment to the Official Zoning Map to include .32± acres of land located at 109 Azalea Road as R-3 (Single-Family Residential) City Attorney Wolfe read Ordinance No. 2015-0-28 into the record. City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman Bennington, to approve Ordinance No. 2015-0-28. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy f. 2015-R-34 Resolution No. 2015-R-34: Urging the Florida State Legislature to uphold the current Florida Statute providing for payment of expenses caused by the interference of Utility Facilities with transportation projects. City Attorney Wolfe read Resolution No. 2015-R-34 into the record. City Manager Barlow made a staff presentation. City Council and staff discussed: the horrible burden it would put on residents to have to pay for utility relocation; tax payers already paying a utility bill; and the passing of the bill certainly stifling the opportunity of economic development for cities who could not afford to pay for utility relocation. Mayor Ignasiak opened and closed the public hearing. Cite of Edgewater Page 14 Printed on 12/10/1015 City Council Meeting Minutes November 16,2015 A motion was made by Councilman Blazi, second by Councilwoman Power, to approve Resolution No.2015-R-34.The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington Councilman Blazi and Councilman Conroy g. 2015-R-35 Resolution 2015-R-35 Approve Final Year End Budget appropriations for Fiscal Year 2014-2015 City Attorney Wolfe read Resolution No. 2015-R-35 into the record. Finance Director John McKinney made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilwoman Bennington, second by Councilwoman Power, to approve Resolution 2015-R-35, approval of Final Year End Budget appropriations for Fiscal Year 2014-2015.The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy h. 2015-R-36 Resolution 2015-R-36 of the City of Edgewater, Florida, requesting the Volusia Charter Review Commission to recommend an amendment to the Volusia County Charter to eliminate the Volusia Growth Management Commission. City Attorney Wolfe read Resolution No. 2015-R-36 into the record. City Manager Barlow made a staff presentation. City Council and staff discussed: many other cities considering similar Resolutions; who sits on the Volusia Growth Management Commission (VGMC), and their weighted voting system; the City's VGMC appointment process; the City's VGMC member, Mr. Robert Lott recommending approval of the Resolution, his understanding of economic development, and seeing the VGMC as an additional bureaucratic process that really stifling economic opportunities in some areas; and Oak Hill's recent concerns, or issues with the VGj'IC findings and their zoning application in regards to "Project Panther". Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilwoman Bennington, second by Councilwoman Power, to adopt Resolution No. 2015-R-36, requesting the Volusia Charter Review Commission to recommend an amendment to the Volusia County Charter to eliminate the Volusia Growth Management Commission. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy City of Edgewater Page IS Printed an 12110/2015 City Council Meeting Minutes November 16,2015 Resolution #2015-R-37 Authorizing Issuance Subject to the Debt Referendum of a General Obligation Bond for improvements to improve City Recreational Areas including Whistle Stop Park City Attorney Wolfe read Resolution No. 2015-R-37 into the record. City Manager Barlow made a staff presentation. Finance Director McKinney discussed two scenarios on the issuance of debt at both 53 million, and at the $3.5 million levels, over a 20 year time frame, which would be about the life expectancy of a park. City Council and staff discussed: putting something on the ballot that would actually spell out what the average annual costs would be; the average amount each year being an ad valorem tax, and there being no guarantee what bond rate the City would get until after the voter approved election; discussing approximate annual costs with residents, based on current bond rates, as part of Council's education campaign; improvements to the City's recreational areas being very important to all residents; and citizen response having been overwhelming, they looking forward to the improvements, but, are they ready to pay for the improvements. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilman Blazi, second by Councilman Conroy, to approve Resolution No.2015-R-37.The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy j. 2015-R-38 Council discussion/determination whether to declare a public necessity for acquiring through condemnation by right of eminent domain, fee simple title in property for the purpose of extending and widening Indian River Boulevard, West of the I-95 interchange, and installing utilities along the extension, and whether to authorize the City Attorney to institute appropriate legal action. City Attorney Wolfe read Resolution No. 2015-R-34 into the record. City Manager Barlow made a staff presentation. City Council discussed: the Resolution being a route to use to get a final and reasonable price for the land in question; the existing road being County maintained for years; having undesignated funds that can be used;and all of the criteria that is in the eminent domain statute is reflected in this case. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman Bennington, to approve Resolution No. 2015-R-38, to declare a public necessity for acquiring through condemnation by right of eminent domain, fee simple title in property for the purpose of extending and widening Indian River Boulevard, West of the I-95 interchange, and City of Edgewater Page 16 Printed on 12/10/2015 City Council Meeting Minutes November 16.2015 installing utilities along the extension, and to authorize the City Attorney to institute appropriate legal action.The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy 9. BOARD APPOINTMENTS a. AR-2015-127 Recreation & Cultural Services Board: Request for removal of Mr. Tom Tipton 5 and Mayor Ignasiak's appointment to replace Mr.Tipton Mayor Ignasiak nominated Ms. Tiffany Evers to the Recreation& Cultural Services Board. A motion was made by Councilwoman Bennington, second by Councilman Blazi, to remove Tom Tipton from the Recreation & Cultural Services Board, and to appoint Miss Tiffany Evers to replace him.The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy 10. OTHER BUSINESS a. AR-2015-126 Mariners Gate Homeowners Association requesting to appeal the decision of the 9 Chief of Police regarding their request for two additional stop signs. City Manager Barlow made a staff presentation pertaining to the two (2) additional stop signs requested by the Mariners Gate Home Owners Association;and the appeal process. John Goetze, 405 Central Mariners Drive, stated: the Home Owners Association (HOA) has been attempting to get stop signs, or some action taken to reduce speeding conditions for over eight (8) years; the stop signs were requested in 2014, and again in May 2015; the City Council passed the new sign request policy, and they are following the new policy; discussed signs and speeding in the area; the intent of the request for stop signs; requesting stop signs that are placed similarly to other signs in the area; traffic flow in the area, and concerns of the neighborhood; the HOA trying to be proactive in improving safety and reducing speeding; the signs in Majestic Oaks feeling the stop signs have worked; the Edgewater Police Department is being diligent at trying to reduce speeding in area, but the additional two (2) stop signs are still needed; and that the HOA is certainly willing to participate in the costs of the stop signs. Councilman Conroy discussed: riding through the neighborhood with Mr. Goetze; the road being a cut-through; and asked why the request did not meet the traffic code. Police Chief Arcieri replied: he looks at the Uniform Traffic Code says that the minimum requirement for a through traffic is 2,000 vehicles per day; they did a nine (9) day study, and the average vehicle count is just under 400, which means they do not qualms; stops signs are not made to be installed as a nuisance to slow traffic; by the policy he is bound by, even if he wanted to, he could not, and that he could not in good faith recommend approval because it just does not fit the criteria set forth in the manual. City Council and staff discussed: the manual being written and adopted by an engineer professional, and adopted as part of the City policy; trying different things for differing anomalies in neighborhoods; putting in the stop signs to see if it works; staff being bound by policy, but Council City of Edgewater Page 17 Printed on 17/10/2015 City Council Meeting Minutes November 16,2015 can override it; traffic flow in the area; the reality is slop signs do mitigate speeding,- the stop signs won't hurt or hinder normal drivers; the costs being insignificant, and trying the stop signs out to see how it works; the negative aspects of traffic calming devices, such as speed bumps; the HOA paying for the signs; whether or not to place a trial time period with the installation of the stop signs; whether or not the policy needs to be amended; and the costs of installing stop signs being a part of the policy. Motion by Councilman Conroy, second, for discussion only, by Councilman Blazi, that the City place the stop signs, at the locations requested by the HOA of Mariners Gate, and to give them the stop signs. Councilman Blazi stated: he totally agreed with putting in the stop signs; and that the City's practice has been that the HOA's in question, are responsible for the costs of the signs. Councilman Conroy amended his motion to make the HOA pay $150.00 for the stop signs,second by Councilwoman Power. Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy b. AR-2015-127 Historic tree removal request for a 47.43"live oak tree at 2813 Victory Palm Dr. City Manager Barlow made a staff report. Michael Malone, 2813 Victory Palm Drive, discussed: issues with the tree; damages to his house; and request approval to remove the tree. A motion was made by Councilman Blazi, second by Councilwoman Bennington, to deem as a dangerous tree; give them permission to remove the tree; and for reimbursement of the Arborist fees.The MOTION was APPROVED by the following vote: Yes: 5- Councilman Conroy,Councilman Blazi,Councilwoman Bennington,Councilwoman Power and Mayor Ignasiak c. AR-2015-132 Historic tree removal request for a 43" live oak tree located at 2032 Juniper 5 Drive. Marsha Godette, 2032 Juniper Drive, discussed: the proximity of the oak tree to her garage; the tree being rotten at the bottom;and request to be able to have it removed. City Manager Barlow made a staff report. A motion was made by Councilman Blazi, second by Councilwoman Power, to consider the tree to be a danger to the residents, to the general area, and especially to the power lines; and allow removal of the tree and pay the Arborist. The MOTION was APPROVED by the following vote: Yes: 5- Councilman Conroy,Councilman Blazi,Councilwoman Bennington,Councilwoman Power and Mayor Ignasiak City of Edgewater Page 18 Printed on 12/10/2015 City Council Meeting Minutes November 16,2015 d. AR-2015-128 Ratification of Florida State Lodge Fraternal Order of Police (FOP) Collective 2 Bargaining Agreement. City Manager Barlow made a staff report. City Council and staff discussed: reasons Council members are not briefed on what benefits are being negotiated, during the collective bargaining agreement process; Article 18, under promotions, and years of experience; and encouraging employees to attend continuing education course. A motion was made by Councilman Conroy, second by Councilman Blazi, to ratify the Florida State Lodge Fraternal Order of Police Collective Bargaining Agreement; and to include retroactive pay, back to the first full pay cycle after October 1st. The MOTION was APPROVED by the following vote: Yes: 5- Councilman Conroy,Councilman Blazi,Councilwoman Bennington,Councilwoman Power and Mayor Ignasiak e. AR-2015-129 Refinancing the Series 2009 and Series 2012 Water and Sewer Revenue Notes 9 and combining the City's Water and Sewer System with the Stormwater System Finance Director McKinney made a staff report, discussing the purpose and benefits of refinancing the Series 2009, and Series 2012 Water and Sewer Revenue debt; and combining the City's Water and Sewer System with the Stormwater System. City Council and staff discussed: the proposed "Water Authority" name for the combined systems; and coming back at a later time for Council to formally rename it. A motion was made by Councilman Conroy, second by Councilwoman Power, to approve refinancing the Series 2009 and Series 2012 Water and Sewer Revenue Notes, and combining the City's Water and Sewer System with the Stormwater System. The MOTION was APPROVED by the following vote: Yes: 5- Councilman Conroy,Councilman Blazi,Councilwoman Bennington,Councilwoman Power and Mayor Ignasiak g. AR-2015-132 ECHO Grant Agreement with Volusia County Regional Trail / Edgewater 8 segment City Manager Barlow made a staff presentation. A motion was made by Councilman Conroy, second by Councilwoman Power, to enter into the ECHO Grant Agreement with Volusia County Regional Trail / Edgewater segment, referencing AR-2015-1328. The MOTION was APPROVED by the following vote: Yes: 5- Councilman Conroy,Councilman Blazi,Councilwoman Bennington,Councilwoman Power and Mayor Ignasiak City of Edgewater Page 19 Printed on 12/1112015 City Council Meeting Minutes November 16,2015 h. AR-2015-I32 Kennedy Park Handicap Parking 6 City Manager made a staff presentation. City Council and staff discussed: people using the handicap spaces that are already in place, and needing more; adding more handicap spaces; the costs of $338.00 to add an ADA compliant handicap space; not imposing on the needs of non-handicapped people; lack of parking spaces on the weekend; and providing parking accessibility to disabled people, by compromising to have two (2) handicapped spaces, and two(2)regular parking spaces. A motion was made by Councilman Conroy, second by Councilman I3Iazi, change the handicap parking adding a spot for the handicap folks for $338.00 referencing, AR-2015-1326.The MOTION was APPROVED by the following vote: Yes: 4- Councilman Conroy,Councilman Blazi,Councilwoman Power and Mayor Ignasiak No: 1- Councilwoman Bennington 11. OFFICER REPORTS a. City Clerk Interim City Clerk Matusick discussed: attendance at the upcoming Volusia League of Cities dinner meeting;and the tentative schedule for 2016 Council meetings, with the City Council and staff b. City Attorney City Attorney Wolfe had nothing to report; and he and Councilman Conroy discussed him researching, whether or not there is a vote on a motion, if that vote can be reconsidered at the same meeting;and if that motion is denied, if it can be brought up again at a different meeting. c. City Manager City Manager Barlow discussed: renaming Public Safety Boulevard to Booker Street; Christmas falling on Friday this year, and Council granting Thursday, December 24th as an "Employee Appreciation Day";and stated that he will be off on Friday,November 20, 2015. Councilman Conroy asked if there was any update on 3012 Travelers Palm Drive. Mr. Barlow replied 'yes'; and discussed: repeated email attempts by the City with the bank's attorney; evaluating the property to see if it is salvageable; the bank's property maintenance company maintaining the lawn for the last three (3) months; the bank's law firm for the property, which is out of Orlando, being hired effective November 4, 2015; the process is now moving forward; Captain Lariscy as the staff person responsible for staying in contact with the bank, and the bank's attorney; and that Captain Lariscy has been keeping the neighbors updated. 12. CITIZEN COMMENTS None at this time. City of Edgewater Page 20 Printed on 12/10/2015 City Council Meeting Minutes November 16,2015 13. ADJOURN There being no further business to discuss, Mayor Ignasiak adjourned the meeting at 9:49 p.m. Minutes submitted by: Mitch Honaker, Deputy City Clerk ATTEST: APPROVED: kR Robin L.Matusick, Interim City Clerk Mike Ignasiak, Mayor City of Edgewater Page 21 Printed on 12/10/2015 ,{rote, °may , c).)5 Pearl Harbor Remembrance f, - - s flo • irtiNim _.,..., " Zoihrog - s AMVETS Post 2 Edgewater Fl. Presents Second Pearl Harbor Remembered Concert Sunday December 6th 11 :00 AM Hawks Park Edgewater 74th Anniversary of the attack December 7th 1941 Thanks Cuchetti Music School Dan Balzi Gary T. Conroy Angelo Patane Elisha Vasissiere Coordinator City of Edgewater Florida Michael Visconti Leisure Service Program Pearl Harbor Remembrance 74TH ANNIVERSARY SUNDAY DECEMBER 6 /2015/ 11: 00 HAWKS PARK EDGEWATER, FLORIDA Introduction Master of Ceremonies Dan Blazi Introduce AmVets Post 2 Commander Ernie Furcella VFW 4250 Carol Campbell Presenting the National Colors [the American Flag] Commander Honor Guard Dan Kirkman National Anthem Lillian and Mary Cuchetti Presenting of Military Colors (Each Branch] Crowd Sing Along National Guard, Dec, 1636 US Army, June 1775, US NavyOct.1775, US Marines Nov.1775, US Coast GuardAug.1790, US Air Force Sept 1947 Invocation Father Nelson Scared Heart Catholic Church ROTC of Deland Florida Deidre Kelly Sons and Daughters Pearl Harbor Survivors First Medley of Patriotic Songs Video-Attack on Pearl Harbor New Smyrna Brass Quintet Mayor of Edgewater Mike Ignasiak Introducing Guest Speaker Mr. Horace Johnson CSM Retired Poem by Kristine Turgerson Maestm VI and Kate Visconti Harmony Sound Waves Crowd to Sing America The Beautiful St. Gerard Choir Pearl Harbor Poem Michael Visconti Moment of Silence Taps Richard Cuchetti Retire Military Colors Retire National Colors Mary and Lillian Cuchetti sings the first verse Of God Bless America All Join In Singing GOD BLESS AMERICA Refreshments By Edgewater, New Smyrna Cemetery CITY OF RECEIVED pTER 405 Central Mariners Drive OCT 2 $ 2015 Edgewater, Florida 32141 October 20, 2015 CITY CLERK Ms. Bonnie Brown, City Clerk City of Edgewater, Florida P.O. Box 100 104 N. Riverside Drive Edgewater, Florida32132 Re: Request to be placed on the November 16, 2015 City Council Meeting Agenda Dear Ms. Brown, The Mariners Gate Homeowners Association's (MGHOA) request for two (2) additional stop signs at the South intersection of Mariners Gate Drive with Central Mariners Drive was "not recommended for installation". The MGHOA requests to be placed on the November 16, 2015 Council meeting agenda to appeal this recommendation. Thank you for your time. Sincerit y, i J p n A. Goetze MGHOA Vice President Encl: a. Letter MGHOA to Chief Arciere dated 9/3/15 b. Letter from Chief Arciere to MGHOA dated 9/29/15 CC: w/o encl. - Chief Arciere September 3, 2015 David Arciere, Chief Edgewater Police Department 135 East Park Avenue Edgewater, Florida 32132 Re: Three-Way Stop Sign Request in Mariners Gate Development Dear Chief Arciere, The Mariners Gate Homeowners Association would request that two (2) additional STOP signs be installed on Mariners Gate Drive at the South intersection with Central Mariners Drive. The placement of these signs would encourage drivers to heed the 20 mph speed limit, thus creating a safer environment for the families of Mariners Gate. It also might deter the through traffic from Falcon Avenue and Cocoa Palm Drive. The residents of Mariners Gate would appreciate your approval of our request. The HOA is willing to pay the expenses incurred for the placement of the signage, if approved. Thank you for your consideration. Si cer:.ly, J• n ' . oetze, Vice-President Mariners Gate Homeowners Association , 405 Central Mariners Drive -yy�i'eh. EDGEWATER POLICE DEJ ART.MENT VW:4' with Honor and"Serving Integrity" 135 East Park Avenue Edgewater,FL 32132-0100 (386)424-2400 Ext. 2102 c Fax(386)424-2431 David J. Arcieri, Chief of Police September 29,2015 John Goetze 405 Central Mariner's Drive Edgewater,FL 32141 Mr. Goetze: Recently, you submitted a request for regulatory signage to be added at the Mariners Gate Subdivision. I have reviewed your request and completed a feasibility study. A stop sign is one of our most valuable and effective traffic control devices when used at the right place and under the right conditions. It is intended to help drivers and pedestrians at an intersection decide who has the right-of-way. One common misuse of stop signs is to arbitrarily interrupt through traffic, either by causing it to stop, or by causing such an inconvenience as to force the traffic to use other routes. Where stop signs are installed as "deterrents" or "speed breakers", there is a high incidence of intentional violations. In those locations where vehicles do stop, the speed reduction is effective only in the immediate vicinity of the stop sign, and frequently speeds are actually higher between intersections. For these reasons, it should not be used as a volume or speed control device_ Well-developed, national and state recognized guidelines help to indicate when such controls become necessary. These guidelines take into consideration, among other things, the probability of vehicles arriving at an intersection at the same time, the length of time traffic must wait to enter, traffic delays, and the availability of safe crossing opportunities. Based on City Policy and the feasibility study of need for a stop sign at that intersection, I have concluded that a stop sign should not be installed. If you are dissatisfied with the findings, you may appeal the not recommended for installation decision by requesting to be placed on the next available City Council agenda to present your rationale and additional information at the City Council meeting. Sincerely; David J. Arcieri,Chief of Police DJA/mjg h www.fecebookcomfEdpewsierPD 4,e-wt'•aa----Iz-,v. 7.b , • rel/ .". City of EDGEWATER Air \CI September 29, 2015 Mark Crosley, Executive Director Florida Inland Navigation District 1314 Marcinski Road Jupiter, FL 33477 Re: City of Edgewater Lease Agreement—Addendum #3 - Dredged Material Management Area V-26 Dear Mr. Crosley: On January 25, 2010, the City of Edgewater entered into a Lease Agreement relating to the above- referenced matter for an area located within the ParkTowne Industrial Area, Edgewater, Florida. Pursuant to Paragraph #6 — TERM of the agreement, the City of Edgewater/Lessee would like to request a two (2) year extension to the Lease Agreement. Enclosed please find Addendum #3 to the Lease Agreement that will extend the term until January 24, 2018. If you approve the enclosed please execute both originals and return to the City at the address listed below for our execution. One fully executed original will be returned to your office. Thank you for your cooperation in this matter and do not hesitate to call if you have any questions. CfiTh -}Am Sincerely, 5D jtp Tra y T. Barlow CA Manager TTBarlow@cityofedgewater.org TTB/rlm Enclosures Office of the City Manager P.O. Box 100• Edgewater,FL 32132-0100 (386)424-2400,Option#1&Ext. 1203•Fax(386)424-2421 ww w.ci t tt ofed g e wa t e r.o rq (Letter/Ltr-2015-028) I ADDENDUM NUMBER 3 TO THE LEASE AGREEMENT BETWEEN THE FLORIDA INLAND NAVIGATION DISTRICT AND THE CITY OF EDGEWATER By Agreement made and entered into this day of , 2015, by and between the FLORIDA INLAND NAVIGATION DISTRICT (hereinafter referred to as "DISTRICT") and the CITY OF EDGEWATER, FLORIDA (hereinafter referred to as "CITY/LESSEE"). WITNESSETH The DISTRICT and CITY/LESSEE mutually agree to amend that certain Agreement between the DISTRICT and CITY/LESSEE made and entered into on January 25, 2010; that certain Addendum Number 1 entered into on August 6, 2012 and Addendum Number 2 entered into on April 18,2014 as follows: 1) Both parties wish to utilize the option contained in paragraph number 6. TERM: The term of this LEASE shall be for a two (2) year period. The lease period shall commence on the date of execution and may be extended by the DISTRICT upon approval of a written request BY LESSEE. Therefore, the CITY/LESSEE hereby requests for an extension of the contract for an additional term of two (2) years. Thereby extending the current lease contract from January 25, 2016 through and until January 24,2018. 2) The parties acknowledge that all other terms, provisions and conditions of the original Agreement are republished, ratified and reaffirmed by the parties hereto. IN WITNESS HEREOF the parties have made and executed this Addendum the day and year written above. WITNESSES: FLORIDA INLAND NAVIGATION DISTRICT By: Dated: WITNESSES: CITY OF EDGEWATER,FLORIDA Tracey T. Barlow City Manager Dated: (Agreement/FIND-Addendum#3-2015)