08-01-2016 - Regular Y_
City of Edgewater 104 N.Riverside Drive
Edgewater,FL 32132
EDGEWATER1 Meeting Minutes
City Council
Michael Ignasiak,Mayor
Christine Power,District 1
Gigi Bennington,District 2
Dan Blazi,District 3
Gary T. Conroy,District 4
Monday,August 1,2016 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 ClerkiParalegal Robin Matusick,and City Attorney
Aaron Wolfe
2. APPROVAL OF MINUTES
This was approve.
a. AR-2016-1958 Regular Meeting-May 2,2016
A motion was made by Councilman Blazi, second by Councilwoman Power to approve
the minutes from the Regular Meeting - May 2, 2016. The 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. County Councilwoman Deb Denys
This Presentation was received and filed.
3.a. Proclamations Presented Outside Chambers-None at this time.
4. CITIZEN COMMENTS
Carol Stoughton, 2740 Evergreen Drive, discussed: saw on the t.v. that "you people" voted against
the police; thanked Councilman Conroy, the only no vote for injured police workers; the two
Councilwomen are nothing but puppets; Blazi turned against him men in blue; feels the Council is in
violation of Civil Liberties and the Sunshine Act; hopes that the Attorney General in Florida will
investigate your voting;and"you people"are a disgrace.
Mayor Ignasiak intervened by stating personal attacks are prohibited
Dave Gamell, 2530 Reed Ellis Road, Osteen, discussed: councils involvement in the health benefit
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when it has already been stated that it's an HR issue; none of the affected Benefit receivers were
notified; thank you Gary for doing the right thing; and really disappointed in the final judgement
from the Council.
Chuck Martin, 205 Cherrywood Lane, discussed: moment of silence for fallen Police Officers; and
come up with a solution to help these past police officers health benefits, raise my taxes;
David O'Brian, 1204 Sabal Palm Drive, Secretary of FOP #40 Lodge, discussed: Disappointed in the
determination of health benefits;and to reconsider the Council decision.
Leo Towsley, 2828 Unity Tree Drive, discussed: attended the previous meeting where the health
benefits were discussed, no one in this audience was there and has no idea what was discussed;
maybe council should give a brief detail of what occurred at the previous meeting; agrees with the
majority of Council on the decision that they made regarding the health benefits; and commended
City Manager on doing an excellent job.
Larry Buck, 3303 Mango Tree Drive, discussed: disappointment on what he sees going on here,
especially during this time where Police Officers are being assassinated; the ability to find good
officers is becoming more and more difficult, taking away the benefits of these past Police Officers is
a disservice to current and future Police Officers that want do the job; and wish the Council to
reconsider.
Jim Donahue, 5291 Plantation Home Way, Port Orange, discussed: turned your back on the four to
five previous police officers that are receiving benefits; violating case law many times; and if you
don't reconsider,feels that the city will be facing many high bills from the City Attorney.
Chris DeRosa, 360 Charles Ave, Orange City, discussed: incident which he received injury while on
duty.
Mayor Ignasiak responded to Mr. Towsley request to give a summary of what was discussed at the
July 18, 2016 Council Meeting regarding the previous Police Officers enhanced medical benefits, he
stated:
* Larry Westfall: entered into an agreement with the City, which was formally sanctioned by the City
Council at the time, this was done correctly and brought before Council; any and all legal
obligations we will meet, certain claims on his part have not yet been verified, once documentation
has been produced,we will honor.
* J. Winston: fully qualified under State Statue 112.19; receiving today and will continue such
through out the remainder
* Gary McElroy: disability retirement after sustaining a heart attack issue relating to heart attack
disease; not injured in the line of duty; fully qualified for disability under Florida (FL) State Statute
112.18; did not meet the standard under FL State Statute 112.19, as it has been determined by legal
authority; and as an retired officer of the City of Edgewater, he is allowed to participate in the City's
Health Insurance Plan, at his own cost.
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* Dave Game11: disability retirement after sustaining a heart attack issue relating to heart disease;
not injured in the line of duty; fully qualified for disability under Florida (FL) State Statute 112.18;
did not meet the standard under FL State Statute 112.19, as it has been determined by legal
authority; and as an retired officer of the City of Edgewater, he is allowed to participate in the City's
Health Insurance Plan, at his own cost.
Mayor Ignasiak also stated: all retired personnel working for the City are eligable to remain in the
City's Health Insurance Plan at their own cost; only those working in the first responder field, fire,
and police are eligable to receive enhanced medical benefits under state law; this situation was
brought to light and the City Council didn't know about it; and we are guided by the law and the
decision was made to abide by.
5. APPROVAL OR CHANGESIMODIFICATIONS TO THE AGENDA
Pull Item 7.c.Recycling Agreement back on September agenda
6. CITY COUNCIL REPORTS
Mayor Ignasiak reported:attended Whistle Stop Park design workshop, and League of Cities Dinner.
Councilwoman Power reported attending the League of Cities Dinner and reminded everyone of the
Back to School Backpack give away.
Councilman Blazi reported: attended Biz Lunch, Southeast Volusia Chamber Home Based Business
Fair, Whistle Stop Park design workshop, and Team Volusia board meeting; Kook 386 is having to
relocate once again and feels the City should try to do something to help; and gave a summary of the
discussion from the previous Council Meeting where they discussed the four past officers health
benefits.
Councilman Conroy reported: attended Whistle Stop Park design workshop; Facebook posts; and
Letter from City Manager.
7. CONSENT AGENDA
A Motion was made by Councilwoman Power, second by Councilman Blazi to approve
the Consent Agenda excepting Item No. 7.c. The MOTION was APPROVED by the
following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi
and Councilman Conroy
a. AR-2016-1922 Agreements with the top three ranked firms for Emergency Debris Hauling and
Disposal(RFP 16-ES-012).
b. AR-2016-1943 Easement Agreement with Edgewater Industrial Park LLC for Extension of the
Multi-Use Trail from Dale Street to 10th Street
c. AR-2016-1954 RFP- 16-ES-011 -Residential Recycling Services
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7.c. -pulled and placed on the September meeting
d. AR-2016-1953 ITB- 16-ES-013 -ParkTowne Boulevard Extension
e. AR-2016-1957 Website Redesign and Hosting
f. AR-2016-1959 FY2017 Light Vehicle Purchases
8. PUBLIC HEARINGS,ORDINANCES AND RESOLUTIONS
a. 2016-0-35 2nd Reading - Ordinance No. 2016-0-35: Dr. Michael Somai, applicant,
requesting annexation of 2.98± acres of land located at 104 S. Cory Drive and
the vacant parcel to the south.
City Attorney Wolfe read Ordinance No. 2016-0-35 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.2016-0-35.The Motion was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi
and Councilman Conroy
b. 2016-0-36 2nd Reading - Ordinance No. 2016-0-36: Dr. Michael Somai, applicant
requesting an amendment to the Comprehensive Plan Future Land Use Map to
include 2.98:1 acres of property located at 104 S. Cory Drive and the vacant
parcel to the south.
City Attorney Wolfe read Ordinance No. 2016-0-36 into the record.
City Manager Barlow made a staff presentation.
Mayor Ignasiak opened the public hearing.
Carol Ann Stoughton, 2740 Evergreen Drive, asked if this will raise taxes in the City.
City Manager Barlow responded that it should lower taxes by increasing our tax base.
Mayor Ignasiak closed the public hearing.
A motion was made by Councilwoman Bennington, second by Councilman Blazi, to adopt
Ordinance No.2016-0-36.The Motion was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi
and Councilman Conroy
c. 2016-0-37 2nd Reading - Ordinance No. 2016-0-37: Dr. Michael Somai, applicant,
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requesting an amendment to the Official Zoning Map to include 2.98± acres of
land located at 104 S. Cory Drive and the vacant parcel to the south as B-3
(Highway Commercial)
City Attorney Wolfe read Ordinance No. 2016-0-37 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.2016-0-37.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power;Councilwoman Bennington,Councilman Blazi
and Councilman Conroy
d. 2016-0-41 2nd Reading - Ordinance No. 2016-0-41: Repealing Chapter 3(Advertising
Signs)from the Code of Ordinances.
City Attorney Wolfe read Ordinance No. 2016-0-41 into the record.
City Manager Barlow made a staff presentation.
Mayor Ignasiak opened the public hearing.
Carol Ann Stoughton, 2740 Evergreen Drive, stated: this is another way to drive the "little poor
business man" out of town; and it's a sin to take away their right to advertise to destroy the local
business man.
Councilman Blazi clarified this is one less ordinance businesses are burdened with.
Mayor Ignasiak closed the public hearing.
A motion was made by Councilwoman Bennington, second by Councilwoman Power, to
adopt Ordinance No.2016-0-41.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi
and Councilman Conroy
e. 2016-R-20 Resolution 2016-R-20 Florida Public Utilities Company Franchise Agreement
City Attorney Wolfe read Resolution No. 2016-R-20 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 adopt
Resolution No.2016-R-20.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington,Councilman Blazi
and Councilman Conroy
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9. BOARD APPOINTMENTS
None at this time
10. OTHER BUSINESS
a. AR-2016-1946 Approval of the Second Amendment to Interlocal Agreement for Fire and/or
Rescue Mutual Aid within Volusia County
City Manager Barlow made a staff presentation.
Council and staff discussed Edgewater Ambulance transports within New Smyrna Beach.
A motion was made by Councilwoman Power, second by Councilwoman Bennington, to
adopt Number AR-2016-1946.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
Ms. Matusick reminded Council of upcoming vacation on August 10th, and backpack stuffing on
August 4th in the Council Chambers for the Back to School event which is held on August 6th.
b. City Attorney
None at this time.
c. City Manager
Mr. Barlow discussed that he had an informal request to the City Council dedicate one of the new
pavilions to Gary Butts, who has become ill, and would like to do the dedication while he is still with
us.
After discussion, the Council concurred to authorize the dedication to one of the pavilions to Gary
Butts.
Mr. Barlow also discussed the upcoming County Council meeting where they will be considering a
resolution to reimburse the City $114,000 for the design and permitting of the section of the trail that
will connect behind Daytona State College; the next step is the Sun Trail grant, will be what funds
the construction, and hopes to have a bid and under construction by the end of 2016; also will be
considering the award of the construction for the remainder of the trail heading south on to Maytown
Road, which will lead to Osteen, and once awarded they have less than two years to complete the
project.
Finally Mr. Barlow discussed two General Employment Contracts that are from 2006; Director of
Leisure Services (L.S.) Jack Corder's contract continues until the end of 2016 year; with the Whistle
Stop Park Renovation moving forward, the City would like to start looking for his replacement before
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they get to deep into the final designs, his replacement will be the one to actually carry out the
project moving forward; if we permit Mr. Corder to use his 10 weeks of accrual, 3 month salary, 6
months of Insurance, it will save the City $25,333.56; by buying out his contract, the City will be
saving money; and Assistant City Manager McKinney will oversee L.S. with the assistance of L.S.
Deputy Director Jack DeRosier on daily operations; and will start to look for replacement for
Director of L.S. at the end of November 2016.
Mayor Ignasiak asked Mr. Barlow if this was the last of two, and does the City do these contracts
anymore?
Mr. Barlow responded and stated that in 2007 when he became City Manager, the Council had a
workshop in January 2008, where he received direction from the Council at that time, there would no
longer be employment contracts for general employees.
After discussion, the Council concurred to authorize the City Manager to move forward with early
termination of Jack Corder's employment contract.
12. CITIZEN COMMENTS
Carol Ann Stoughton, 2740 Evergreen Drive, discussed: ask to look at salaries of all Fire, Police,
and General Employees; why Fire Department have a union but Police and Garbage men don't;
outsource the Fire Department because we could save a lot more money; things have to be looked
into according to salaries; and I have never lived or worked in a town where the City Manager was a
Fireman, put up on the dias by the "Fire boys", making a total between pension and salary of over
$225,000,yet we can't get insurance and care for these people(Police Officers).
Dave Gamell, 2530 Reed Ellis Road, Osteen, discussed: Council stating that they abide by State
Statute, that's the minimum; nothing is stated that you can't go above the minimum; to strip us of our
health care for something we didn't do is unfair; Chris DeRosa deserves health care benefit because
he was an excellent employee;and do the right thing,come up with a compromise or solution.
Councilwoman Power discussed: the health care benefit is carried through to October for open
enrollment; appreciates Mr. Gamell for having a non confrontational discussion; and can still
continue City's health insurance.
•
Council and staff discussed: once Chris DeRosa does file for the health benefit for it to be sent to the
State Attorney General to be determined if he meets criteria in the eye of the law, opposed to in
house; Mr. Wolfe stated that he doesn't believe the Attorney General would make a determination on
Mr. DeRosa's case because it is so fact based, maybe a third party attorney would be able to; using
an arbitrator which both sides of the party agree, and will cost money.
A motion was made by Councilman Blazi, second by Councilwoman Bennington, to
authorize the use of an arbitrator once Chris DeRosa applies for lifetime health insurance
benefits.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Bennington.Councilman Blazi
and Councilman Conroy
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Erik Rainbird, 2225 Fern Palm Drive, discussed: the job that our fellow Police Officers and
Firefighters do is very import to the citizens; the issue with the health benefits for the 4 past police
officers is about money; and raise taxes to help with a fund for health insurance for our Police
Officers and Firefighters.
Larry Wesfall, 143 West Ocean Ave, discussed: Council meeting in 1997 concerning Mr. Westfall's
health insurance coverage with medicare;and has documentation to give to City Manager Barlow.
Chris DeRosa, 360 Charles Ave, Orange City, stated: City offered supplemental health insurance
coverage at $1,400 a month, and his pension is only $1,900 a month, and can't afford the coverage;
and didn't receive retro pay for disability.
Gary McElroy, 2211 Green Street, South Daytona, stated: doesn't appreciate what has happened,
and current City Manager at that time verbally awarded insurance by the City of Edgewater.
Dave Gamell, 2530 Reed Ellis Road, Osteen, stated: during the workers compensation case, John
Williams also told me I was to have lifetime insurance for myself and my family, and I agreed to my
settlement because they stated I would have insurance.
Councilwoman Bennington discussed and stated, the hostility during tonight's Council meeting, we
are people like you and trying to decide what is best for the overall City. We have to think of the
future, past, and present all at the same time. We value our Police and Fire Department and the five
of Council is trying to do what's best for our City.
Amanda Eissler, 1709 Umbrella Tree Drive, discussed: remembers the day that he was in the
accident as she was the one that called over the phone for help, Chris DeRosa shouldn't be having to
fight for his benefit because of an accident occurred on the job.
Chuck Martin, 205 Cherrywood Lane, discussed: Larry Westfall was the greatest Police Officer
Edgewater has ever had;thought tonights meeting was good;and suggested a workshop.
Corrie Sapp, 2630 Travelers Palm Drive, stated, six months ago you could hear clearly when
watching the Council meeting video, now you can't.
Paul Reed, 405 North Star Lane, discussed: lack of communication, open the line of communication;
and don't waste tax dollars.
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13. ADJOURN
There being no further business to discuss,Mayor Ignasiak adjourned the meeting at 8:27 p.m.
Minutes submitted by:
Jordan Church, Records Clerk
ATTEST: AjPAROY D
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Robin Matusick, City Clerk/Paralegal Mike Ignasiak, Mayo
Cit of Edgewater Page 9 Printed an 111222016
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Monday, August 15 • 6 to 8 p.m.
Construction Projects Update presented by Volusia County Government
Brannon Center
105 S. Riverside Drive, New Smyrna Beach
County Manager Jim Dinneen and staff from the county's Public Works Department will provide
updates on numerous construction projects in New Smyrna Beach and unincorporated areas.
District 3 County Council member Deb Denys will be in attendance. Topics include:
• Smyrna Dunes Park boardwalk and • West Park Avenue road improvements
facility improvements • East Coast Regional Rail Trail updates
• Dune walkover renovation • Pioneer Trail/Turnbull Bay Road
- • Hiles Avenue off-beach parking intersection
• Smyrna Dunes Park Fishing Pier • Turnbull Bay Road Bridge replacement
• Inlet channel shoal markers • S. Atlantic Avenue sidewalk and
• Near-shore artificial reef system drainage improvements
• Tenth Street widening _ ..
There will be a Q-and-A session after the presentation.
•
VOLUSIA COUNTY COUNCIL
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1 . 44 .
CITY CLERK REPORT—August 1,2016
ITEM#11.a.
1) I handed out a memo reminding/informing everyone that I will be on vacation from
Wednesday, August 10th through Sunday, August 21st. I will of course, be available by phone &
email & I will be checking those through-out the day. Jordan Church will be in the Clerk's
office& staying in touch with me through-out my vacation.
2) We also wanted to remind everyone that starting at 10:00 am on Thursday, August 4th in
City Council Chambers, we will be filling approximately 500 backpacks with school supplies so
please let us know if you can attend to help out! Also need volunteers for Saturday, August 6th
from 10:00 am - 2:00 pm at the YMCA to distribute the backpacks to the children!
(Clerk/Council/Clerk Reports/08-01-2016)
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Cite of
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INTER-OFFICE MEMORANDUM
TO: City Council & Directors
FROM: Robin L. Matusick 19t4in
City Clerk/Paralegal
MEMO NO: 2016-010
DATE: July 18,2016
SUBJECT: City Clerk's Vacation
I will be on vacation and out of town from Wednesday, August 10, 2016 through Sunday,
August 21, 2016.
During my absence, Records Clerk Jordan Church will be and taking care of the day-to-day
needs of the City Clerk's Office. If you have anything that needs to be addressed in my absence,
please contact Jordan at extension#1102.
As always, I will be available during that time by phone and/or email and will be checking both
throughout the day.
Office of the City Clerk/Paralegal
P.O. Box 100• Edgewater. FL 32132-0100
(386)424-2400 Ext. 1 101 • Fax(386)424-2410
www.cityofedgewater.org
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INTER-OFFICE MEMORANDUM
TO: City Council & Directors
FROM: Tracey T. Barlow, City Manager ./r
MEMO NO: 2016-011
DATE: July 18, 2016
SUBJECT: Absence
I will be out of town from Wednesday, August 10th through Sunday, August 21st. If you have
anything that needs to be addressed, John McKinney, Assistant City Manager will be in charge
during my absence.
Office of the Citv Manager
P.O.Box 100•Edgewater, FL 32132-0100
(386)424-2400 Ext. 1201 •Fax(386)424-2421
www.cityofedgewater.org