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02-01-2016 - Regular-E,D GE WATER Monday, February 1, 2016 City of 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 6:00 PM 1. CALL TO ORDER, ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 104 N. Riverside Drive Edgewater, FL 32132 Council Chambers 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, City Clerk/Paralegal Robin Matusick, and City Attorney Aaron Wolfe 2. APPROVAL OF MINUTES a. AR -2016-1507 Regular Meeting - January 4, 2016 A motion was made by Councilwoman Bennington, second by Councilwoman Power to approve the minutes from the January 4, 2016 City Council meeting. I es: 5 - Mayor Ignasiak, Councilwoman Power, Councilwoman Bennington, Councilman Blazi and Councilman Conroy 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a. AR -2016-1514 Proclamation - Michael Visconti Day This Presentation was read into the record. b. AR -2016-1515 Presentation - David Blair on behalf of the Edgewater Professional Firefighters presenting a Breast Cancer Donation to Bert Fish Medical Center This Presentation was read into the record. C. AR -2016-1529 Presentation - Retirement - Recognition of Fire Captain Jill Danigel for her years of service to the City of Edgewater Fire -Rescue Services by Fire Chief Steve Cousins and IAFF Representative Dave Blair This Presentation was read into the record. 3.a. Proclamations Presented Outside Chambers - None at this time. 4. CITIZEN COMMENTS Mike Malone, 2813 Victory Palm Drive, discussed: the City authorizing him to take down a nuisance tree; not being able to afford paying the arborist fee; and asked the Council to waive all, or part oj City ojEdgewater Page l City Council Meeting Minutes February 1, 2016 the arborist fee. Mr. Barlow stated the standard direct fee for the arborist is $450; and that the City can establish a payment plan. Mr. Malone discussed his quest to obtain a handyman license; not being able to get an occupational license until his code violations are paid; having a violation for parking vehicles on an empty lot while he was cutting grass; one for having a gravel driveway apron instead of a poured concrete apron; the cost to pour a concrete apron; wanting to comply with the City's codes; and needing the occupational license to earn an income to pay the costs to come into compliance. Mayor Ignasiak asked the City Manager to meet with Mr. Malone. Mr. Barlow replied that he and staff would sit down with Mr. Malone to determine what processes could be established that would allow the resident to come into compliance, and to obtain an occupational license. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS Mayor Ignasiak reported attending: the SEVCC opening of the Athens restaurant, by new ownership; the Volusia County Roundtable meeting, where the topic of conversation was the reboot of Safe Harbor, and working out details between Daytona Beach and the County Council, water and transportation issues were both tabled, and beach driving is tied up in legal limbo; the Mayor's breakfast, where they explored ways to collaborate and cooperate on water issues; the Special workshop that was held on sewer and sidewalks, and the positive comments from residents; attended the Edgewater Elementary STEM project presentation, and stated how eye opening it was to see, what kids can do now with computers and school work Ethics training at Daytona State College; the Edgewater Elementary reading program, and how great it was to see representatives from throughout the community; he attended the Indian River reading program a day later, and stated how important to set a good example so children know how important reading is; a meeting with the Edgewater Rotary Club on Edgewater's upcoming bond referendum; and stated that in the upcoming weeks he will address Edgewater Landings, Kiwanis Club, and the Realtors Board. He also discussed there only being six (6) weeks left before the March 15, 2016 voter referendum; the importance of the park improvements; encouraged residents to get educated on the improvements; and he attended the New Smyrna Beach Middle School Career Extravaganza, stating that half of the students are from Edgewater; and he discussed the benefits of the Career Extravaganza, and how NSB Middle was the only school in Volusia County that holds such an event. Councilwoman Power reported attending: the SEVCC ribbon cutting for the Athens restaurant; the Thomas Street, 2nd,3rd & 4th Streets, Storm Water, and Repaving workshop, and was also surprised and happy with the residents positive comments, and the fact that they on board with the project; Ethics training at Daytona State College; the Edgewater Elementary reading program, where she read to a 5th grade class, and the reading program, where she read to a 2nd grade class, stating that both classes were very well behaved and very attentive; the Volusia League of Cities dinner in Holly Hill, where Kristin Jacobs from the House of Representatives discussed communities working together on a common issue, to establish a much stronger front; the 2016 Princess Ball, which was a huge success, and she thanked Councilman Blazi for coordinating with the school drama club to provide Princesses, and for decorations; and stated that the Ball was stunning. Mr. Barlow stated that there were 435 tickets sold this year, which is approximately 100 more than last year. City ojEdgewater Page 2 City Council Meeting Minutes February 1, 2016 Councilman Blazi discussed his monthly Council Report, and provided a copy of the report for the minutes (See attached). In reference to Councilman Blazi's topic concerning not smoking at City parks: the Council supported having staff develop something to present to them at a later meeting concerning putting signs to encourage people not to smoke in City parks. City Manager Barlow stated he would like to present a few variations of courtesy signs, designed to encourage people not to smoke in certain outdoor areas, and where staff recommends locating those signs, on a future agenda; and stated that Florida Statute 386.209, will not allow a city to prohibit smoking in any areas outdoors. Councilman Conroy discussed the wild pig situation in Florida Shores; concern with people firing weapons in a residential area; and the City hiring a trapper to relocate the pigs. Mr. Barlow stated that to date, the trapper has successfully trapped and relocated 13 hogs; there are still hogs in the area, raccoons have found the food in the traps, so the trapper had to put raccoon traps out ahead of the hog traps so the raccoons wouldn't trip the hog traps; and that there are still hog sightings, but no reports of additional property damage. Councilman Conroy recognized and commended the garbagemen who work in his mother-in-law's neighborhood for noticing that she had not put her garbage out for a few weeks, which concerned them enough to prompt a phone call to the police department for a well being check. She was okay, however, that is just a credit to the Environmental Services Director, and the workers in the City, that they feel they have an ownership with their customers, and stated 'you can't buy that"; and asked to have someone review the call for service to determine who made the phone call, because he would like to personally thank them; he is sure that she is not the only customer they do that for; and their concern for residents is why people come to their defense every time the City considers privitizing the garbage service, customer service that residents surely would not get from a third party provider. He also discussed: taking the historic tree removal policy out of Council's hands; the City Manager putting the topic on a future agenda for Council discussion; and he stated how great it is to see how engaged the Council is in the community. He attended a phenomenal event at the Marine Center about the Indian River Lagoon, and discussed how great a learning experience it was; he was disappointed that both Publix and Winn Dixie denied his request to distribute "Whistle Stop Redevelopment" information; discussed locations he would be both, distributing, and discussing the redevelopment information; and the Council discussed other possible locations to distribute voter referendum information. 7. CONSENT AGENDA Councilman Conroy requested to pull Agenda item 7. b. for discussion. b. AR -2016-1510 Approval for Zev Cohen & Associates, Inc. to provide engineering services for the extension of the East Central Regional Rail Trail to Tenth Street City Manager Barlow made a staffpresentation. City ojEdg—ter Page 3 City Council Meeting Minutes February 1, 2016 Councilman Conroy discussed the engineering fee of $88, 000 for the Rail -Trail extension project, and asked why the City could not use their in-house engineer to do the the extension project. Mr. Barlow discussed the City Engineer's current workload; the work commitment to oversee the Rail -Trail project; and having to drop projects off the City's list if the City's engineer were assigned to do the Rail -Trail extension project. A motion was made by Councilman Conroy, second by Councilwoman Power, to approve Zev Cohen & Associates to provide engineering services for the extension of the East Central Regional Rail Trail to Tenth Street. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Ignasiak, Councilwoman Power, Councilwoman Bennington, Councilman Blazi and Councilman Conroy a. AR -2016-1508 March "Edgewater Expo" Parking Event Agreements C. AR -2016-1511 Lease Agreement with Williams Scotsman, Inc. for rental of a mobile office for Fleet Maintenance A motion was made by Councilman Conroy, second by Councilwoman Bennington, to approve Consent agenda, items 7a and 7c. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Ignasiak, Councilwoman Power, Councilwoman Bennington, Councilman Blazi and Councilman Conroy 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 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 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 and closed the public hearing. A motion was made by Councilman Blazi, second by Councilwoman Power, to approve Ordinance No. 2015-0-5, applicant, requesting a 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. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Ignasiak, Councilwoman Power, Councilwoman Bennington, Councilman Blazi and Councilman Conroy b. 2015-0-26 2nd Reading - Ordinance No. 2015-0-26; Kenneth L. Bell and Theresa Olivetto, applicants, requesting annexation of .32f acres of land located at 109 Azalea Road. City of Edgewater Page 4 City Council Meeting Minutes February 1, 2016 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 Power, second by Councilwoman Bennington, to approve Ordinance No. 2015-0-26 requesting annexation of .32± acres of land located at 109 Azalea Road. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Ignasiak, Councilwoman Power, Councilwoman Bennington, Councilman Blazi and Councilman Conroy C. 2015-0-27 2nd 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. 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 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. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Ignasiak, Councilwoman Power, Councilwoman Bennington, Councilman Blazi and Councilman Conroy d. 2015-0-28 2nd 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 Councilman Blazi, to approve Ordinance No. 2015-0-28 requesting an amendment to the Official Zoning Map to include .321 acres of land located at 109 Azalea Road as R-3 (Single -Family Residential). The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Ignasiak, Councilwoman Power, Councilwoman Bennington, Councilman Blazi and Councilman Conroy e. 2015-0-32 2nd Reading - Ordinance No. 2015-0-32: Amending the Official Zoning map to change 47.26± acres of land located at 4100 S. US Highway 1 and 210 Relocation Road from I-1 (Light Industrial) to I-2 (Heavy Industrial) City of Edgewater Page 5 City Council Meeting Minutes February 1, 2016 City Attorney Wolfe read Ordinance No. 2015-0-32 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. 2015-0-32 amending the Official Zoning map to change 47.26± acres of land located at 4100 S. US Highway 1 and 210 Relocation Road from I-1 (Light Industrial) to I-2 (Heavy Industrial). The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Ignasiak, Councilwoman Power, Councilwoman Bennington, Councilman Blazi and Councilman Conroy f. 2016-0-01 1st Reading - Ordinance No. 2016-0-01: Aluminum Plus, applicant, requesting annexation of 2.62± acres of land located at 3290S. Ridgewood Avenue and 3300 S. Ridgewood Avenue. City Attorney Wolfe read Ordinance No. 2016-0-01 into the record. City Manager Barlow made a staff presentation. Councilman Blazi stated the request is a good fit, and in line with the City's Comprehensive plan. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilman Blazi, to approve Ordinance No. 2016-0-01 requesting annexation of 2.62± acres of land located at 3290 S. Ridgewood Avenue and 3300 S. Ridgewood Avenue. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Ignasiak, Councilwoman Power, Councilwoman Bennington, Councilman Blazi and Councilman Conroy g. 2016-0-02 1st Reading - Ordinance No. 2016-0-02 - Aluminum Plus, applicant, requesting an amendment to the Comprehensive Plan Future Land Use Map to include 2.62± acres of land located at 3290 S. Ridgewood Avenue and 3300 S. Ridgewood Avenue as Commercial City Attorney Wolfe read Ordinance No. 2016-0-02 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. 2016-0-02 an amendment to the Comprehensive Plan Future Land Use Map to include 2.62± acres of land located at 3290S. Ridgewood Avenue and 3300S. Ridgewood Avenue as Commercial. The MOTION was APPROVED by the following vote: City ojEdg—ater Page 6 City Council Meeting Minutes February 1, 2016 Yes: 5 - Mayor Ignasiak, Councilwoman Power, Councilwoman Bennington, Councilman Blazi and Councilman Conroy h. 2016-0-03 1st Reading - Ordinance No. 2016-0-03 - Aluminum Plus, applicant, requesting an amendment to the Official Zoning Map to include 2.62± acres of land located at 3290 S. Ridgewood Avenue and 3300 S. Ridgewood Avenue as B-3 (Highway Commercial) City Attorney Wolfe read Ordinance No. 2016-0-03 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 Councilman Conroy, to adopt Ordinance No. 2016-0-03 requesting an amendment to the Official Zoning Map to include 2.62± acres of land located at 3290 S. Ridgewood Avenue and 3300 S. Ridgewood Avenue as B-3 (Highway Commercial). The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Ignasiak, Councilwoman Power, Councilwoman Bennington, Councilman Blazi and Councilman Conroy i. 2016-R-06 Resolution No. 2016-R-06 Request to the St. Johns River Water Management District to Reduce Permit Application Fees for 2016 City Attorney Wolfe read Resolution No. 2016-R-06 into the record. City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilman Conroy, second by Councilwoman Power, to approve Request to the St. Johns River Water Management District to Reduce Permit Application Fees for 2016, referencing Resolution No. 2016-R-06. 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 -2015-1471 Police Officer's Pension Board of Trustees - Councilman Conroy's appointment due to the expired term (November 6, 2015) of Larry Brinson, who is seeking reappointment. Councilman Conroy discussed applicant qualifications, and recommended appointing Mr. O'Bryan. The Council discussed: reinstating Mr. Brinson; qualifications of some of the applicants; complexities involved in the duties of the pension board members; and past experience with Mr. O'Bryan, and members of the Police Department feeling like they are being properly represented. City of Edgewater Page 7 City Council Meeting Minutes February 1, 2016 A motion was made by Councilman Conroy, second by Councilwoman Bennington, to appoint David O'Bryan to the Police Officers Pension Board of Trustees. The MOTION FAILED by the following vote: Yes: 1 - Councilman Conroy No: 4 - Mayor Ignasiak, Councilwoman Power, Councilwoman Bennington and Councilman Blazi 9 a. Continued: Police Officer's Pension Board of Trustees - Councilman Conroy's appointment due to the expired term (November 6, 2015) of Larry Brinson, who is seeking reappointment. Councilman Conroy discussed the experience required to be a member of the pension board; Mr. Brinson's experience, and that he is seeking reappointment; and board members having to file a financial disclosure, and some people not being very comfortable with that level of disclosure. A motion was made by Councilman Conroy, second by Councilwoman Power, to reappoint Larry Brinson to the Police Officers Pension Board of Trustees. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Ignasiak, Councilwoman Power, Councilwoman Bennington, Councilman Blazi and Councilman Conroy b. AR -2015-1470 Police Officer's Pension Board of Trustees - Mayor Ignasiak's appointment due to the resignation of James Morey (on December 14, 2015) who was a Council appointed Trustee. Mayor Ignasiak recommended Alexander Penalta, and discussed some of his qualifications. Councilman Conroy discussed: Mr. Penalta's experience; financial disclosure requirements; and contacting Mr. Penalta to make sure he still wants to be a board member. A motion was made by Councilwoman Bennington, second by Councilwoman Power, to appoint Alexander Penalta to the Police Officers Pension Board of Trustees. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Ignasiak, Councilwoman Power, Councilwoman Bennington, Councilman Blazi and Councilman Conroy C. AR -2016-1501 Recreation and Cultural Services Board Appointment - Councilwoman Power's appointment due to a vacancy. The Board recommends Laura Bernstein for appointment. Councilwoman Power stated that she concurred with the Recreational and Cultural Services Board's recommendation to appoint Laura Bernstein. A motion was made by Councilwoman Power, second by Councilwoman Bennington, to appoint Laura Bernstein to the Recreation and Cultural Services Board. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Ignasiak, Councilwoman Power, Councilwoman Bennington, Councilman Blazi and Councilman Conroy City ojEdgeKarter Page 8 City Council Meeting Minutes February 1, 2016 10. OTHER BUSINESS a. AR -2015-1474 2016 Project Goals Councilwoman Bennington stated that Leisure Services and Environmental Services seem to have responsibilityfor the majority of the goals. A motion was made by Councilwoman Bennington, second by Councilman Conroy, to adopt the 2016 Project Goals as presented. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Ignasiak, Councilwoman Power, Councilwoman Bennington, Councilman Blazi and Councilman Conroy b. AR -2015-1475 Draft Charter Amendments City Manager Barlow made a staff presentation. Council and staff discussed the proposed Draft Charter Amendments, to include: removing, Section 3.08 - Prohibitions, altogether, stating there is no need for this section, as it is addressed in State statutes; removing the Reserve ceiling of 25%, so there is no ceiling; the general fund, operating reserves, charter reserve requirements, the budget, and the benefits of the City be able to get bond rated; in Section 3.01- Composition, the Charter Review Committee recommends going to voting by district vs. at large, voter turn out, the community continuing to grow, the needs of each District, and bringing the recommendation back up again during the next Charter review; and building height prohibitions on residential structures east of US 1, and the recommendation to change the 35 foot measurement for residential property to be measured from the minimum finished floor elevation. After Discussion; the Council concurred to authorize the City Manager to go forward with the amendments to the suggested ballot questions, bringing them back for Council first reading, with changes as discussed. Mayor Ignasiak called a recess at 8:08 p. in. Mayor Ignasiak called the meeting to order at 8:18 p.m. C. AR -2016-1481 Approval of the Victim Of Crime Act (VOCA) Agreement City Manager Barlow made a staff presentation. A motion was made by Councilman Conroy, second by Councilwoman Power, to approve the Victim Of Crime Act (VOCA) Agreement, and authorize the City Manager to sign the agreement. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Ignasiak, Councilwoman Power, Councilwoman Bennington, Councilman Blazi and Councilman Conroy d. AR -2016-1482 Approval of the 2016 Justice Assistance Grant (JAG) City Manager Barlow made a staff presentation. City ojEdg—der Page 9 City Council Meeting Minutes February 1, 2016 A motion was made by Councilman Conroy, second by Councilman Blazi, to approve the 2016 Justice Assistance Grant. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Ignasiak, Councilwoman Power, Councilwoman Bennington, Councilman Blazi and Councilman Conroy e. AR -2016-1485 City Clerk Employment Agreement City Manager Barlow made a staff presentation. The Council and staff discussed: reasons for the compensation dollar amount; the position being "At -Will" and the severance package having to meet Florida State Statute; the Deputy City Clerk retiring effective June 1st, and bringing on, and training a records clerk before his departure; the salary of the previous City Clerk; and the City Clerk position being a Charter position that is hired, fired, and evaluated by the Council. A motion was made by Councilwoman Bennington, second by Councilwoman Power, to accept the Employment Agreement for Robin as our City Clerk. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Ignasiak, Councilwoman Power, Councilwoman Bennington, Councilman Blazi and Councilman Conroy f. AR -2016-1499 Joint Agreement between City of Edgewater, City of New Smyrna Beach, City of Oak Hill and County of Volusia for Development of a Reasonable Assurance Plan for the Mosquito Lagoon City Manager Barlow briefly discussed aspects of the Mutual Assurance Plan. Environment Services Director, Brenda Dewees made a staff presentation, providing an overview of: the City's stormwater system; the Mutual Assurance Plan; various tenants of best management practices, such as education, and the City being more proactive in improving and protecting the water quality of the Indian River Lagoon; and the formula used to determine each entities cost to participate in the plan. Mrs. Dewees stated that the Mutual Assurance Plan has already been approved by New Smyrna Beach, Oak Hill, and Volusia County. The Council and staff discussed: positive and negative affects of the plan; costs of the plan; the positive steps taken, and projects already initiated by the City Council to protect the lagoon; the formula used to determine costs for each entity; members of the coalition; and other County wide stormwater and water quality initiatives. A motion was made by Councilman Conroy, second by Councilwoman Bennington, to approve the $93,000 cost to engage in the Mutual Assurance Plan and authorize the Mayor to execute, and to approve the budget amendment. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Ignasiak, Councilwoman Power, Councilwoman Bennington, Councilman Blazi and Councilman Conroy City "jEdgewr - Page 10 City Council Meeting Minutes February 1, 2016 g. AR -2016-1500 Memorandum Of Understanding to amend Articles 24 and 32 of the 2015/2016 IAFF Firefighter/Driver Engineer Agreement. City Manager Barlow made a staff presentation. Council and staff discussed: hiring dates and differences in benefits; budgets, City liability, and sustainability; and the Union having already approved the amendments to Articles 24 and 32. A motion was made by Councilwoman Power, second by Councilman Blazi, to adopt the Memorandum Of Understanding to amend Articles 24 and 32 of the 2015/2016 IAFF Firefighter/Driver Engineer Agreement. The MOTION was APPROVED by the following vote: Yes: 4 - Mayor Ignasiak, Councilwoman Power, Councilwoman Bennington and Councilman Blazi No: I - Councilman Conroy h. AR -2016-1502 Memorandum Of Understanding to amend Articles 24 and 32 of the 2015/2016 IAFF Lieutenants Agreement. City Manager Barlow stated that the presentation and information for the Lieutenants Agreement, is exactly the same as it was for the Firefighter/Driver Engineer Agreement. A motion was made by Councilwoman Power, second by Councilwoman Bennington, that we approve the Memorandum Of Understanding to amend Articles 24 and 32 of the 2015/20161AFF Lieutenants Agreement. The MOTION was APPROVED by the following vote: Yes: 4 - Mayor Ignasiak, Councilwoman Power, Councilwoman Bennington and Councilman Blazi No: I - Councilman Conroy i. AR -2016-1517 Refinancing the Series 2009 and Series 2012 Water and Sewer Revenue Notes with Branch Banking and Trust Company "BB&T" City Manager Barlow provided a brief summary of the City's need to refinance the two (2) notes; and Finance Director John McKinney made a staff presentation. A motion was made by Councilman Blazi, second by Councilwoman Power, to to approve Refinancing the Series 2009 and Series 2012 Water and Sewer Revenue Notes with Branch Banking and Trust Company "BB&T". 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 C1erklParalegal Matusick thanked the Council for allowing her the opportunity to work for them as their City Clerk. City of Edg—ter Page 11 City Council Meeting Minutes February 1, 2016 b. , City Attorney City Attorney Wolfe stated: previously the Council authorized him to file suit with respect to the deed restrictions, or the alleged deed restrictions, on Menard-May park; that it was a contested case; he is happy to report that the City won the case; with a summary/final judgement entered declaring that Menard-May park is not subject to any structure height deed restrictions; and that the judgement was entered on January 21, 2016, with a 30 day appeal period. c. City Manager City Manager Barlow stated: it came to staffs attention after the Agenda had already closed, and that New Smyrna Beach (NSB) has already considered and requested, a mutual aid agreement for the City's Menzi Muck excavator and the operator, to do some work up in New Smyrna Beach, he has prepared a "Hold Harmless" agreement which would require the Mayor's attention; and discussed trading services with NSB. He discussed Volusia County amending their Wetlands ordinance; the County holding public meetings on the proposed amendments in areas around the region; the one for Southeast Volusia County is being held on Tuesday, February 9, 2016, starting at 5:30p.m., in Edgewater's Council Chambers; stated that there may be concerns and/or recommendations that may take Council approval in the future; and suggested Council members attend the public meeting. He asked Council's concurrence to schedule a Special meeting for Thursday February 25, 2016, starting at 2: 00 p. m. to approve: the bank rates on refinancing the previously discussed notes once they come in; the Resolution for the Mayor to sign; and the closing documents. After discussion; Council concurred to hold the Special meeting on Thursday, February 25, 2016, at 1: 00 p. m. Mr. Barlow also discussed the upcoming budget calendar, and invitations that were sent out; and asked Council to let him know if they had any conflicts. Mr. Barlow asked City Attorney Wolfe to provide Council an update on Pine Bluff,- and Mr. Wolfe stated: with respect to Pine Bluff, the summary judgement hearing is set for Thursday, February 4, 2016, at that point the judge will hopefully sign the judgement setting the sale for approximately 30 days later; prior to litigation it was determined that there were a couple of mortgages that were ahead of the City's Code Enforcement liens; utility liens do trump mortgage liens, but Code liens do not, during litigation, the County raised that issue, so we elected to pay the little County mortgage so the City is in the first position with respect to the property; the County mortgage lien was approximately $2,300; that has all been done; and the City is hopefully in place to have the judgement entered on Thursday, and the sale about 30 days later. Mr. Barlow stated, in reference to 3012 Travelers Palm Drive; last week the bank finally made the decision that they are going to move forward with the foreclosure; they have assigned the case to their network counsel; and he ask Captain Lariscy if the bank was doing the property maintenance; and Mr. Lariscy replied 'yes ". City ojEdg—ter Page 12 City Council Meeting Minutes February 1, 2016 Councilman Conroy asked Mr. Barlow for the status of an email that he forwarded to him from the Transportation Planning Organization (TPO) concerning the TPO's request for projects, and if the City had any to submit. Mr. Barlow replied that he has discussed road projects with the Development Services Director, and that the City will have some to submit. Councilman Conroy discussed his research conducted on the costs ($5,400), and the technology involved with Strobe lights in the ground at crosswalks; and Mr. Barlow stated that it was a great idea, and discussed possible locations. 12. CITIZEN COMMENTS 13. ADJOURN There being no further business to discuss, Mayor Ignasiak adjourned the meeting at 9:18 p.m. Minute submitted by: Mitch Honaker, Deputy City Clerk ATTEST.• xC?� Robin Matusick, City Clerk/Paralegal City ojEdgew - Page 13 APPROVED: / w4r- Mike Ignasiak, Mayor 351- -el-I � . 61i.1,41,ci / Arl? e;q-z� Council Report: February 1, 2016 January 6- Chamber Ribbon Cutting for the new Athens Restaurant January- Attended several Princess Ball meetings in preparation for the event. January 19th- Attended the Thomas Street Neighborhood Workshop o7>=�k-�6 January 20th- Attended the STEM Tour at the Edgewater Public School along with Mayor Mike Ignazlsk January 21st- Attended the YMCA board meeting January 22"d- Attended the Florida League of Cities Ethics Seminar January 25th- Attended the Edgewater Public School Guest Reader Event January 26th- I was unable to attend the Indian River Elementary school Guest Reader Event due to an awards ceremony my daughter was having that same time. January 27"' — Attended the Team Volusla Annual Meeting January 28th- Spoke to the Cub Scout Troupe #425 about being an elected official. On the 301h they would later come to the YMCA to assist with the set up for the Princess Ball. January 29th- Attended the first half of the SEV Chamber Coffee Connection being held at Regions Bank in Edgewater, and then immediately left for the New Smyrna Beach Middle School to the Career Extravaganza, where I teamed up with School Board Official Linda Cuthbert as we talked about being an educator, being the spouse of an educator, and what being an elected official was like. January 30th- The Princess Ball Thanks go to New Smyrna Beach Drama Department, Cub Scout Troupe #425, Tutu Party Productions, B&C Entertainment, BJs Flowers, Chick-Fil-A, Toby's Pizza, Edgewater Public and Indian River Elementary PTAs, Girl Scouts, Face Painting by Courtney Kirk, Scholarship Fund Committee members Mike Kelly, Christine Power, Rebecca Porter, Vance Smith, and Justin Kennedy. Staff members Jill Danigel, Mitch Honaker, Tracy Barlow, John McKinney, and their friends and family who helped out. Special thanks to Friedhelm Daniegel. Council Report: Reckless Driver In Whistle Stop Park- I contacted the City Manager in reterence to this reckless driver who was recorded making donuts within feet of juveniles at the skate park area. This is one of the primary reasons we need a fully renovated and well used Whistle Stop Park. As more good families occupy the park, less people wanting to do bad things will be present. It's the rule of numbers. That being said, I understand the police department is conducting a full investigation into who this reckless driver is, and I appreciate the immediate response from the police department. Complaint of smokers in the parks- Read the confrontation that took place at Rotary Park. I know we discussed cigarettes in the parks in the June time period, but we haven't delved into this issue in depth since then. S6 342 tailed to pass, which would have given us the authority to designate "no smoking areas" in our parks, so unfortunately we cannot legally enact ordinances to restrict smoking in the parks at this time. We can however think of creative ways to help restrict smoking on a voluntary basis: Signs that discourage smoking, such as "Healthy lungs at play, please help us make this a smoke-free zone" (by using our designated smoking areas).