Loading...
03-07-2016 - Regular Cit of Edgewater 104 N.Riverside Drive Y g Edgewater,FL 32132 EUGEWATER Meeting Minutes City Council Michael Ignasiak,Mayor Christine Power,District 1 Gigi Bennington,District 2 Dan Blazi,District 3 Gary T. Conroy,District 4 Monday,March 7,2016 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,City Clerk/Paralegal Robin Matusick,and City Attorney Aaron Wolfe 2. APPROVAL OF MINUTES a. AR-2016-1592 Regular Meeting-February 1,2016 A motion was made by Councilman Blazi, second by Councilwoman Bennington, to approve the February 1, 2016 Minutes. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy b. AR-2016-1593 Special Meeting-February 25,2016 A motion was made by Councilwoman Bennington, second by Councilwoman Power, to approve the Minutes of February 25, 2016 Special Meeting. MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a. AR-2016-1564 State of Florida's Division of Emergency Management (DEM) Residential Construction Mitigation Program(RCMP)-Public Outreach Material. This Presentation was received and filed. b. AR-2,016-11571 Proclamation presented to Edgewater Public School for earning the AdvancED STEM(Science,Technology,Engineering and Mathmatics)Certification This Presentation was received and filed. 3.a. Proclamations Presented Outside Chambers-None at this time. City of Edgewater Page 1 Printed on 4/15/2016 City Council Meeting Minutes March 7,2016 4. CITIZEN COMMENTS Mike Visconti, 316 Pine Breeze Drive, discussed adding a concessions building to the proposed renovations for Whistle Stop Park. Alan Rathbun, 131 Highland Avenue discussed replacing the City's water pipes in the Highland Street area. Rollene Potemski, 3331 Mango Tree Drive, discussed the loss of property due to the canal adjacent to their property sinking. Eric Rainburt, 2225 Fern Palm Drive, discussed obtaining assistance applying for grant funding for Kook 386; and stated that there are grants to assist children in need programs that can be applied for by a municipality's police department. Paul Romanoski, 1872 Umbrella Tree Drive, discussed traffic, and the need for sidewalks in Florida Shores. Joseph Highsmith, 1915 Orange Tree Drive, discussed sidewalks, and conducting an on-line sidewalk survey, with results of 76 votes for, and 24 against. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA Mayor Ignasiak and staff discussed reading the resolution found in Agenda item 8.n into the record and then making a motion to reschedule the Agenda item to a "date time certain". Councilman Blazi requested to move Agenda Item 8h. to the beginning of Agenda Item No.8., just past the Consent Agenda. 6. CITY COUNCIL REPORTS Councilwoman Bennington reported: the art work in the chambers looking great; Edgewater changing at a rapid rate, and the need for sidewalks; and stated she is proud of Edgewater Elementary for out shining all other schools. Councilman Blazi reported: on his distribution of the "Go Parks" brochures, and thanked staff for their efforts in producing them in sufficient numbers; attending: the Chili Cook Off he was a part of the interview process for the STEM certification Review Board for Edgewater Public's STEM program, and discussed the certification process; the CAP meeting; SEVCC monthly meeting; SEVCC Coffee Connection held at Launch Federal Credit Union; attended the police officer awards ceremony, and discussed Joshua Raver being selected as officer of the year; thanked City departments and staff for all of the help with the Bobcat carnival; participated in the WSBB live remote Go for Parks initiative; read for the After School Program at the YMCA; and conducted a Public Service announcement for the Go for Parks initiative; former police officer Chris DeRosa contacted him and discussed his hardship, and that he touched base with the City Manager for an update, and he asked Mr. Barlow to provide an update to the Council. City of Edgewater Page 2 Printed on 4/15/2016 City Council Meeting Minutes March 7,2016 Mr. Barlow reported: the reason Officer DeRosa was released from duty was not being physically able to perform his duties; he was offered other open positions that he was qualified for, and chose not to accept any of those positions; he received a check for a little over $17,000 of accruals; at the same time he is being provided long term disability insurance; and he is working with the pension board to see if he is qualified for an early pension. Council and staff discussed reasons he was not retained until the Pension Board determined his pension eligibility; Council needing to set a precedence that is fair for all employees; doing the right thing; lukemia not being job related; being offered two positions with the City and denying them; keeping him on the payroll until his disability is decided; not discriminating against other employees; cancer treatment and FMLA; Council setting a time limit for how long an employee is kept on the books if they cannot perform the duties of their position; the Council not having say so in the daily operations of the City; going through the proper process to determine what benefits he is, or is not entitled to, and the City's obligation; six (6) months not being considered to be a rush on deciding when Mr. DeRosa would be terminated; not performing his duties as a police officer under accreditation standards; the Council not making empathy decisions, and representing residents; the City's liability if he was kept on after a doctor's determination that he could no longer be a police officer; keeping him on the books until March 31, 2016; why Mr. DeRosa did not accept a position that would provide a salary and benefits rather than turning down employment; the Charter, the City Council not being involved in day to day operations, and what happens if the Council does interfere in the City Manager's duties of hiring and firing of employees; the City having kept him on for five (5) months from the determination that he could not work as a police officer; receiving $17,000 in February; working with Mr. DeRosa to expedite the process, and to be a resource for him; and that as soon as the City has all of the pieces assembled, the process will be quickly completed Councilman Conroy recognized City employees Tom Armstrong, Fredrick Smith, and Lucas Bradshaw for going above and beyond their assigned duties, by taking the initiative to call and request a wellness check on his mother, and Councilman Conroy presented each of them a $50 gift card to Dustin's Bar-B-Q restaurant from his family. Councilman Conroy reported: on something new he started, "Coffee with your Councilman" and discussed the Council perhaps initiating the program on a monthly basis; discussed his actions in referendum, and stated residents who are registered supporting the "Go for Parks" of gtstered as NPA are able to vote on just the referendum; and that he is going to be at voting Precinct 904 all day on Saturday in support of the referendum. Mayor Ignasiak reported: addressing the Edgewater Home Owners Association on the bond referendum; Edgefest and Chili cook off; attending the Volusia County Roundtable, where they discussed the battle between Daytona Beach and Volusia County over the Homeless housing issue, and that all other issues on the Roundtable Agenda have been tabled He attended the Mayor's breakfast, where they discussed the new discussion involving using existing sources to fund homeless housing; he addressed the NSB Edgewater Kiwanis club meeting and the NSB Realtors Association board meeting the following day to discuss the "Go for Parks" bond issue, and received enthusiastic endorsement from both; attended a bond refinancing meeting and gave Finance Director McKinney kudos for saving the City money; attended the police officer awards ceremony; being part of a presentation of a certificate of appreciation from the police department for Doctor Castro, who does City of Edgewater Page 3 Printed on 4/15/2016 City Council Meeting Minutes March 7,2016 thousands of dollars of work for the City's K9 unit every year, absolutely free of charge; went to the Elks, the American Legion, and the AMVETS to endorse the "go for Parks' referendum, which is the talk of the community, which he feels in one of the best things to come around in Edgewater for families and children for years;and discussed the Bobcat carnival. Councilwoman Power reported: attending the police awards banquet, congratulated those that were selected to be recognized, and stated that Sergeant Hazelwood was recognized for 25 years service without a single sick day, and that she was very happy to be a part of the ceremony; and discussed the shift schedule for the voter referendum. 7. CONSENT AGENDA Councilman Conroy pulled all Consent Agenda items for discussion. a. AR-2016-1556 Approval to purchase Self Contained Breathing Apparatus (SCBA) from a Sole Source provider as part of the 2015 AFG grant City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilman Conroy, second by Councilman Blazi, to approve the purchase of Self Contained Breathing Apparatus (SCBA) from a Sole Source provider as part of the 2015 AFG grant.The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy AR-2016-1562 Volusia CountyPublic Works Mosquito Control Letter of Authority Q City Manager Barlow made a staff presentation. Mayor Ignasiak opened the public hearing. Mike Visconti, 316 Pine Breeze Drive, discussed the retention pond behind his home, algae, and mosquito control. A resident discussed the possibility of stocking retention ponds with algae eating fish. Mayor Ignasiak closed the public hearing. A motion was made by Councilman Conroy, second by Councilwoman Power, to approve authorizing the Mayor to sign the Volusia County Public Works Mosquito Control Letter of Authority referencing AR-2016-1562. 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 4 Printed on 4/15/2016 City Council Meeting Minutes March 7,2016 c. AR-2016-1566 Aqua Park Swimming pools fill assistance for the New Smyrna Beach High School CUDA Swim Team. City Manager Barlow made a staff presentation. Council discussed: not setting a precedent of giving a business something we do not give to residents; if there was anything on the horizon on getting a new pool; the NSB CUDA Swim Team being a non-profit organization; if there was going to be a dissenting vote, then Council should continue the discussion, but if not, then the floor should be opened to citizens; past experiences with other organizations and making a case by case decision; and Council members coordinating with the City Manager before meetings for clarity of issues, so as to not extend the length of meetings. Mayor Ignasiak opened the public hearing. Eric Rainburt, 2225 Fern Palm Drive, discussed the Council making quasi donations. Mayor Ignasiak closed the public hearing. A motion was made by Councilman Conroy, second by Councilwoman Power, to approve the Aqua Park Swimming pool fill assistance request for the New Smyrna Beach High School CUDA Swim Team referencing AR-2016-1566. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy d. AR-2016-1581 City Hall Roof(Bid#ITB 16-BD-004)Award to AWS Roofing City Manager Barlow made a staff presentation. Council and staff discussed: the number of times City Hall roofs have been fixed; the sway between the low bidder and high bidder, and the vendor meeting having to meet bid specifications; the construction industry picking up, and the effect on project costs; and being able to observe AWS's work, as they are currently putting a new roof on the gazebo right up the street from City Hall. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilman Conroy, second by Councilwoman Power, to approve the City Hall Roof Bid #ITB 16-BD-004 Awarded to AWS Roofing from Edgewater, Florida referencing AR-2016-1581. 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 5 Printed on 4/15/2016 City Council Meeting Minutes March 7,2016 8. PUBLIC HEARINGS,ORDINANCES AND RESOLUTIONS h. 2016-0-19 1st Reading - Ordinance No. 2016-0-19- Amending Chapter 15(Streets and Sidewalks) of the Code of Ordinances to include Section 15-7(Roadside Memorial Program). City Attorney Wolfe read Ordinance No. 2016-0-19 into the record. City Manager Barlow made a staff presentation. Council and staff discussed: complaints that have been lodged with Code Enforcement, and whether their actions have been more reactive or proactive; permanent memorials as compared to temporary memorials; the memorial planning process; Florida Department of Transportation having signs in the right of way; memorials providing the opportunity to educate our children; losing a child being the most horrific thing a parent can experience and roadside memorials; locations in Edgewater where other roadside memorials are located; Chapter 10 of the City's ordinance and staff needing direction; time limit for temporary roadside memorials until a permanent memorial can be established; grieving and time limits; issues with having a bench in the right of way; locations of memorials; other communities having ordinances prohibiting things in the right of way, but having issues with how to address roadside memorials; how far Council wants to go with regulating roadside memorials; the pros and cons of establishing a roadside memorial ordinance, and City guidelines and restrictions; time being more of an issue than having a roadside memorial; types and purposes of roadside memorials; and Council having the responsibility to set parameters. Mayor Ignasiak opened the public hearing. Council, staff and the following residents, discussed various aspects of and suggestions for amending Chapter 10 of the City's ordinance to include roadside memorials, and staff needing direction from Council to proceed: Kevin Sasowski, 2624 Royal Palm Drive Eric Rainburt, 2225 Fern Palm Drive Euria Sutliff, 1299 Bolton Road Michelle Tuck, 2225 Fern Palm Drive Mayor Ignasiak closed the public hearing. City Manager Barlow discussed the draft ordinance review process; asked for Council direction to: establish an ordinance; amend Chapter 10, allowing roadside memorials to be in the right of way; or to come back with a roadside memorial ordinance using the discussed criteria and ideas as a model; and that the City has precedence over all right of ways, even those communities that have a HOA. A motion was made by Councilwoman Bennington to table Ordinance No. 2016-0-19 until the May 2016 Council meeting.The MOTION Failed due to the lack of a second. City of Edgewater Page 6 Printed on 4/15/2016 City Council Meeting Minutes March 7,2016 A motion was made by Councilman Blazi, second by Councilwoman Bennington, to approve the modification of the ordinance for Section 15-7 to include a roadside memorial program; modify it to strike "d" being the memorial sign for one year, to not have that as a part of the ordinance, in other words no time limit; add language to "c" that there will be several options; and that the family can work jointly with the city on that. After discussion,Councilwoman Bennington withdrew her second. After discussion, the City Council agreed to the following amendments to Ordinance No. 2016-0-19, and to have the ordinance brought back before Council for second reading: a. Placement of roadside memorials shall be in accordance with the protocols as set forth herein. b. A request for a roadside memorial sign shall only be to memorialize an unexpected tragic accident with loss of life. No such sign will be permitted to memorialize a person if such death is a result of a crime committed by such person intended to be memorialized. c. An application for a memorial sign shall be submitted to the City of Edgewater Environmental Services Department. A request shall only be accepted by the following immediate family members of the deceased: parents, sisters, brothers, spouse, children or grandparents. d A standardized memorial signs will be designed, constructed and installed by the City or a designated representative. Each sign shall be installed by the City at a safe location as determined by the City in the vicinity of the incident. The memorial sign may not be placed at the exact location of the crash site due to restricted space, right of way, abutting property owner issues or other constraints. Only one sign shall be installed per incident. A memorial sign proposed for installation in a residential neighborhood shall require the written permission of the residents whose property abuts the streets where the memorial is placed. (Staff to come back and Clarify memorial options - bench, sign, etc. - research 3 or 4 options. Some areas may only accommodate a sign, etc., and that the final decision is at the discretion of the city.) A memorial sign may be allowed to remain in place one year. At the end of the one year period the sign will be removed. The applicant may take possession of the sign if he or she wishes (Strike the time limit under Amendment D) e. Any other additional decorations, ornaments, or additional memorial items on the sign or in the vicinity of the incident shall not be allowed and shall be removed by the City. f Non standard memorials consistent with signage, flowers, balloons, ribbons or other materials are only permitted for a time period not greater than 7 days after the erection of the memorial. The City will attempt to provide notification to any individual placing a non standard memorial in a street right of way that such memorial must be removed. The City Manager or designee shall cause the removal of the non standard memorial within 7 business days after notification of the non permitted memorial existence. City of Edgewater Page 7 Printed on 4/15/2016 City Council Meeting Minutes March 7,2016 City Manager to combine E&F, and to change the "7"days to "14"days. The City reserves the right to remove the memorial sign and/or any other memorializing material at any time for any unforeseen or extraordinary circumstances. g. Grandfathering- With the exception of existing non conforming memorials. A motion was made by Councilman Blazi, second by Councilwoman Bennington, to approve Ordinance No. 2016-0-19 with the listed amendments. The MOTION was APPROVED by the following vote: Yes: 4- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington and Councilman Blazi No: 1 - Councilman Conroy Mayor Ignasiak called for a 10 minute recess at 8:50 p.m. Mayor Ignasiak reconvened the meeting at 9:00 p.m. a. 2016-0-20 1st Reading-Ordinance No.2016-0-20-Charter Amendments City Attorney Wolfe read Ordinance No. 2016-0-20 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 adopt Ordinance No.2016-0-20.The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy b. 2016-0-04 1st Reading - Ordinance No. 2016-0-04- Arthur Mowery, owner, requesting annexation of.34±acres of land located at 125 Flamingo Road. City Attorney Wolfe read Ordinance No. 2016-0-04 into the record. City Manager Barlow made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilman Blazi, second by Councilwoman Bennington, to approve Ordinance No. 2016-0-04. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy c. 2016-0-05 1st Reading - Ordinance No. 2016-0-05: Arthur Mowery, owner, requesting an City of Edgewater Page 8 Printed on 4/15/2016 City Council Meeting Minutes March 7,2016 amendment to the Comprehensive Plan Future Land Use Map to include .34+ acres of land located at 125 Flamingo Road as Medium Density Residential. City Attorney Wolfe read Ordinance No. 2016-0-05 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. 2016-0-05 an amendment to the Comprehensive Plan Future Land Use Map to include .34± acres of land located at 125 Flamingo 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 Scrivener Error: The second reading of Ordinance No. 2016-0-05, will reflect the correct address in the title. d. 2016-0-06 1st Reading - Ordinance No. 2016-0-06- Arthur Mowery, owner, requesting an amendment to the Official Zoning Map to include .34+ acres of land located at 125 Flamingo Road as R-3 (Single Family Residential). City Attorney Wolfe read Ordinance No. 2015-0-06 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 adopt Ordinance No. 2016-0-06 requesting an amendment to the Official Zoning Map to include .34± acres of land located at 125 Flamingo 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. 2016-0-07 1st Reading - Ordinance No. 2016-0-07: James H. Barrett, owner, requesting annexation of.40+acres of land located at 140 Godfrey Road. City Attorney Wolfe read Ordinance No. 2015-0-07 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 adopt Ordinance No. 2016-0-07, James H. Barrett, owner, requesting annexation of .40± acres of land located at 140 Godfrey Road. The MOTION was APPROVED by the following City of Edgewater Page 9 Printed on 4/15/2016 City Council Meeting Minutes March 7,2016 vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy f. 2016-0-08 1st Reading - Ordinance No. 2016-0-08: James H. Barrett, owner, requesting an amendment to the Comprehensive Plan Future Land Use Map to include .40+ acres of land located at 140 Godfrey Road as Medium Density Residential. City Attorney Wolfe read Ordinance No. 2015-0-08 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 adopt Ordinance No. 2016-0-08, James H. Barrett, owner, requesting an amendment to the Comprehensive Plan Future Land Use Map to include .40± acres of land located at 140 Godfrey 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 g. 2016-0-09 1st Reading - Ordinance No. 2016-0-09: James H. Barrett, owner, requesting an amendment to the Official Zoning Map to include .40+ acres of land located at 140 Godfrey Road as R-3 (Single Family Residential). City Attorney Wolfe read Ordinance No. 2015-0-09 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 adopt Ordinance No. 2016-0-09, James H. Barrett, owner, requesting an amendment to the Official Zoning Map to include .40± acres of land located at 140 Godfrey 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 2016-0-24 1st Reading - Ordinance No. 2016-0-24; Modifying Section 1.02(Definitions) by amending"Compensation" Mr. Barlow stated that he cannot recommend approval of the ordinance as it is written, suggested cleaning up some of the language, and sending the staff recommendations back to the General Pension Board for their consideration. City Attorney Wolfe stated that he agreed the ordinance is poorly wordy and contradictory in some respects, and should be re-written for clarity. A motion was made by Councilwoman Bennington, second by Councilwoman Power, to City of Edgewater Page 10 Printed on 4/15/2016 City Council Meeting Minutes March 7,2016 direct staff to make recommendations for language changes that would provide clarity to compensation definitions, and send their recommendations back to the General Pension Board for consideration.The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy j. 2016-0-22 1st Reading - Ordinance No. 2016-0-22 - Modifying Chapter 11 (Business Tax Receipts and Business Regulations) by Amending Article IV (Peddlers, Solicitors Canvassers and Itinerant Merchants). City Attorney Wolfe read Ordinance No. 2016-0-22 into the record. City Manager Barlow made a staff presentation. Council and staff discussed: Florida State statute already addressing the issue; the statute being pretty liberal and lenient; current complaints about panhandlers; having to submit an application to panhandle; scouting groups already having to obtain a solicitors permit; the legalities of adults having to obtain a criminal history background check Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilwoman Bennington, second by Councilwoman Power, to adopt Ordinance No.2016-0-22.The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy k. 2016-0-23 1st Reading - Ordinance No. 2016-0-23 - Modifying Chapter 1 (General Provisions) by Amending Sections 1-8 (General Penalty; Continuing Violations). City Attorney Wolfe read Ordinance No. 2015-0-23 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 adopt Ordinance No. 2016-0-23, Modifying Chapter 1 (General Provisions) by Amending Sections one(1)through eight(8).The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy 2016-0-28 1st Reading - Ordinance No. 2016-0-28 - Modifying Chapter 12(Offenses and Miscellaneous Provisions)by Creating Article VI(Public Property Camping). City Attorney Wolfe read Ordinance No. 2015-0-28 into the record. City Manager Barlow made a staff presentation. City of Edgewater Page 11 Printed on 4/15/2016 City Council Meeting Minutes March 7,2016 Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman Bennington, to adopt Ordinance No. 2016-0-28, modifying Chapter 12, Offenses and Miscellaneous Provisions, by Creating Article VI, Public Property Camping. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy m. 2016-R-10 Resolution No. 2016-R-10 Approving a Wastewater System Facility Plan Update City Attorney Wolfe read Resolution No. 2016-R-10 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 Resolution No.2016-R-10.The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy n. 2016-R-11 Resolution No. 2016-R-11 Authorizing an Exchange of Land between the City of Edgewater and Diversified Properties of Florida,LLC City Attorney Wolfe read Resolution No. 2016-R-11 into the record. City Manager Barlow made a staff presentation recommending to continue Resolution No. 2016-R-11 until the April 4, 2016 Council meeting. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilman Blazi, to Continue Resolution No. 2016-R-11 until the April 2016 Meeting. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy 9. BOARD APPOINTMENTS - 10. OTHER BUSINESS a. A R-2016-1544 Daniel Watkins, owner, requesting the removal of 38-inch historic tree from property located at 1410 Needle Palm Drive City Manager Barlow made a staff presentation. A motion was made by Councilman Blazi, second by Councilwoman Bennington, to authorize removal of the tree, with the proper permitting, and to reimburse the Arborist. City of Edgewater Page 12 Printed on 4/15/2016 City Council Meeting Minutes March 7,2016 The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy b. AR-2016-1561 Commission for Florida Law Enforcement Accreditation Law Enforcement Agreement City Manager Barlow made a staff presentation. A motion was made by Councilwoman Bennington, second by Councilwoman Power, to approve the Commission for Florida Law Enforcement Accreditation Law Enforcement Agreement and authorize the Mayor to execute. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy c. AR-2016-1573 Approval of the Contract with 4C's Trucking and Excavation, Inc. for the Thomas Street Gravity Sewer and Stormwater Improvement Project - ITB 16-ES-001 City Manager Barlow made a staff presentation. A motion was made by Councilman Blazi, second by Councilwoman Power, to approve AR-2016-1573, approval of the Contract with 4C's Trucking and Excavation, Inc. for the Thomas Street Gravity Sewer and Stormwater Improvement Project. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi and Councilman Conroy d. AR-2016-1584 Approval of a Contract with Quentin L. Hampton Associates, Inc. for Construction Administration and Inspection Services for the Thomas Street Sewer And Stormwater Project City Manager Barlow made a staff presentation. Councilman Conroy and staff discussed documents that were not attached to the agenda item and why. A motion was made by Councilwoman Bennington, second by Councilwoman Power, to approve the Contract with Quentin L. Hampton Associates, Inc. for Construction Administration and Inspection Services for the Thomas Street Sewer and Stormwater Project.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 Mrs. Matusick stated that she was contacted by Cynthia Turner, Indian River Elementary School, City of Edgewater Page 13 Printed on 4/15/2016 City Council Meeting Minutes March 7,2016 who asked if some of her students from grades 3,4, and 5 could come to May's Council meeting and sing a few songs. After discussion, Council concurred to allow them to perform at the beginning of May's Council meeting b. City Attorney Mr. Wolfe stated that Council had previously approved for him to foreclose the code enforcement liens on 108 East Pinebluff Drive; on February 4, 2016 the judge entered final judgement of foreclosure, in the city's favor; the sale is set for March 31, 2106; the City's lien is approximately $68,000; and the City will have a credit bid up to that amount. c. City Manager Mr. Barlow and Council discussed: the Workshop that was held on February 25, 2016, where they discussed selling a portion of the Morgan property to the Linemans College, which he will bring back a formal agreement for; in the mean time the City needs to hire a consulting survey engineer company, Zev Cohen, to do a Wetlands delineation; and that it will costs the City about $21,500, which will be recouped through the sale proceeds. After discussion, the Council concurred to authorize the City Manager to move forward with Zev Cohen to do a Wetlands delineation. Mr. Barlow announced a Joint Economic Development meeting being held next week in the Edgewater Council Chambers. Mr. Barlow also discussed having new 24 signsg people that encourage not to smoke, and stated that the City will start to install them next week at City parks near the playground area. 12. CITIZEN COMMENTS-None at this time. 13. ADJOURN There being no further business to discuss, Mayor Ignasiak adjourned the meeting at 9:54 p.m. Minutes submitted by: Mitch Honaker, Deputy City Clerk ATTEST: PROVED: /4)(4/4111." Robin Mat3usick, City Clerk/Paralegal Mike Ignasiak, Mayor City of Edgewater Page 14 Printed on 4/15/2016