05-01-2017 - Regular of Edgewater 104 N.Riverside Drive
City
g Edgewater,FL 32132
.L Jd'1
tiDGcWATERI Meeting Minutes
City Council
Michael Ignasiak,Mayor
Christine Power,District 1
Amy Vogt,District 2
Dan Blazi,District 3
Gary T.Conroy,District 4
Monday,May 1,2017 6:00 PM Council Chambers
1. CALL TO ORDER,ROLL CALL,PLEDGE OF ALLEGIANCE,INVOCATION
Present: 5- Mayor Mike Ignasiak,Councilwoman Christine Power,Councilwoman Amy Vogt,
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-2017-2542 Regular Meeting-April 3,2017
A motion was made by Councilman Blazi, second by Councilwoman Power, to approved
the Regular Meeting minutes for April 3, 2017. The MOTION was APPROVED by the
following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Vogt,Councilman Blazi and
Councilman Conroy
3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS
a. AR-2016-2364 Proclamation Designating May 7 through May 13 as Drinking Water Week
This Presentation was read into the record.
b. AR-2017-2541 Proclamation Designating May 2 through May 6 as Teacher Appreciation Week
This Presentation was read into the record.
c. AR-2017-2548 Volusia Partner of the Year Award
This Presentation was read into the record.
d. AR-2017-2549 Mayor Ignasiak to present Harold "Pat" Card with a plaque and proclamation
thanking him for his years of service with the City of Edgewater by volunteering
on the Plannng and Zoning Board.
This Presentation was read into the record.
3.a. Proclamations Presented Outside Chambers-None at this time
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4. CITIZEN COMMENTS
Abby Johnson, 525 Community College Parkway, Palm Bay: new Intergovernmental Coordinator
with the St. Johns River Water Management District, wanted to introduce herself and let Council
know she is here to serve.
Linda Cuthbert, Vice-chairman of Volusia County School Board, 3536 Omni Circle: Thanked the
City for their partnership with the schools.
Michael Visconti, 316 Pine Breeze Drive:commended city on medians and beautification of city.
Leo Towsley, 2828 Unity Tree Drive:wanted Council to change vote, and make it right.
•
Pamela Caroline, Florida Shores: wants to clean up Florida Shores and make her neighborhood a
better place to live.
Reggie Paulk, 2318 Juniper Drive: would like to change the ordinance for allowing chickens within
the City of Edgewater.
5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA
Councilman Conroy requested to move Item 10b - Other Business up to the first item tonight on our
agenda as there are a lot of city workers here-consensus to move to after the Consent Agenda.
Councilwoman Power would like discussion on Item 7c - Community Development Block Grant - pull
from Consent Agenda for discussion.•
6. CITY COUNCIL REPORTS
Councilwoman Power reported: attending the Team Volusia meeting; TPO meeting, matching of
funds was brought up, the 417 to I-95 feasibility study is underway; the Memorial Service for
Malecia Harris.
Councilwoman Vogt reported: meeting with the Governor at Boston Whaler; ribbon cutting at the
Edgewater Animal Shelter; luncheon honoring volunteers at the Edgewater Library; Police Awards
Banquet; helped put out 15,000 Easter eggs at the Eggstravaganza; Edgewater Retiree ceremony for
Firefighters; ribbon cutting for Surf Pro in Edgewater; State of the County address in Daytona
Beach; YMCA 5K; swearing in ceremony for new Police Officer, Chris Wright; Crystal Apple
Awards.
Councilman Blazi reported:attending the Police Officer's Awards Dinner.
Councilman Conroy reported: meeting with Dave Sanders with the Florida Department of
Transportation about Edgewater Landing's intersection and pursuaded him to do a traffic study
there, Mr. Sanders went back 5 years, there have been 7 crashes; the Memorial Service for Malecia
Harris;suggested doing another memorial bench for Mr. Bill Jackson.
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City Council Meeting Minutes May 1,2017
Mayor Ignasiak reported: attending the meeting with the Governor at Boston Whaler; ribbon cutting
for the Edgewater Animal Shelter; Police Awards Banquet; helped with the eggs at Hawks Park;
Volusia County Roundtable, main focus was the homeless proposals; 11MIayor's Breakfast, main topic
was the possible Homestead Exemption;State of the County; the Crystal Apple Awards.
A motion was made by Councilman Conroy, second by Councilman Blazi, to place a park
bench near the soccer field to honor Bill Jackson for what he did for this City and our
young children.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Vogt,Councilman Blazi and
Councilman Conroy
7. CONSENT AGENDA
Councilwoman Power requested to pull Agenda item 7.c.for discussion.
A motion to approve was made by Councilman Conroy with second by Councilman Blazi
on the Consent Agenda for Items 7a and 7b. The MOTION was APPROVED by the
following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Vogt,Councilman Blazi and
Councilman Conroy
a. AR-2017-2497 Multilateral Operating Agreement
b. AR-2017-2531 Utilitation of Police Impact fees for secure evidence!property storage
c. AR-2017-2550 Community Development Block Grant (CDBG) - FY2017/2018 Proposed
Annual Plans
A motion was made by Councilwoman Power, second by Councilwoman Vogt, to amend
the CDBG allocation moved to allow for another workshop and allocate up to the
allowable 15 percent for public service. The MOTION was APPROVED by the following
vote:
Yes: 4- Mayor Ignasiak,Councilwoman Power.Councilwoman Vogt and Councilman Conroy
No: 1 - Councilman Blazi
8. PUBLIC HEARINGS,ORDINANCES AND RESOLUTIONS
s. 2017-R-15 Resolution No. 2017-R-15; Mid-Year Amended Budget for Fiscal Year
2016-2017
City Attorney Wolfe read Ordinance No. 2017-R-15 into the record.
Assistant City Manager/Finance Director John McKinney 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.2017-R-15.The MOTION was APPROVED by the following vote:
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City Council Meeting Minutes May 1,2017
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Vogt,Councilman Blazi and
Councilman Conroy
10.b. AR-2017-2564 Insurance Review Committee recommendation of future Healthcare coverage
plans
City Manager Barlow made a staff presentation.
Jessica Scott with Brown&Brown gave the Health Savings Account presentation.
Consensus - Mayor agrees with recommendation of Committee with exception of
grandfathering supervisors - needs to go back and take a look at, Blazi agrees with
Committee and not adverse to putting in caveat of true grandfathering for supervisors,
Power agrees,Vogt does not agree,Conroy says budget for the increase
Meeting went into Recess at 7:57 p.m.
Meeting Reconvened at 8:07 p.m.
a. 2017-0-03(2) 2nd Reading - Ordinance No. 2017-0-03: Annexing 48.5= acres of land located
at 100 Whaler Way and approval of the associated Annexation Agreement
City Attorney Wolfe read Ordinance No. 201 7-0-03 into the record.
City Manager Barlow made a staff presentation.
A motion was made by Councilwoman Power, second by Councilman Blazi, to continue
Ordinance No. 2017-0-03 to date certain of June 5, 2017 at 6:00 pm in Council
Chambers.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Vogt,Councilman Blazi and
Councilman Conroy
b. 2017-0-04 2nd Reading - Ordinance No. 2017-0-04: Amending the Comprehensive Plan
Future Land Use map to include 48.5± acres of land located at 100 Whaler Way
as Industrial.
City Attorney Wolfe read Ordinance No. 2017-0-04 into the record.
City Manager Barlow made a staff presentation.
A motion was made by Councilwoman Power, second by Councilwoman Vogt, to continue
Ordinance No. 2017-0-04 to date certain of June 5, 2017 at 6:00 pm in Council
Chambers.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Vogt,Councilman Blazi and
Councilman Conroy
c. 2017-0-05 2nd Reading - Ordinance No. 2017-0-05: Amending the Official Zoning Map to
include 110.7± acres of land located at 4115 S. Ridgewood Avenue and 100
Whaler Way as MUPUD (Mixed Use Planned Unit Development) and approval
of the associated MUPUD Agreement.
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City Attorney Wolfe read Ordinance No. 2017-0-5 into the record.
City Manager Barlow made a staff presentation.
A motion was made by Councilwoman Power, second by Councilman Blazi, to continue
Ordinance No. 2017-0-05 to date certain of June 5, 2017 at 6:00 pm in Council
Chambers.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Vogt,Councilman Blazi and
Councilman Conroy
d. 2017-0-06 2nd Reading - Ordinance No. 2017-0-06: Glenn D. Storch, requesting
annexation of 156.9± acres of land located east of S. Ridgewood Avenue at Rio
Grande, known as Hacienda Del Rio and approval of the associated Annexation
Agreement..
City Attorney Wolfe read Ordinance No. 2017-0-06 into the record.
City Manager Barlow made a staff presentation.
Mayor Ignasiak opened and closed the public hearing.
A motion was made by Councilman Blazi, second by Councilwoman Power, to approve
Ordinance No.2017-0-06.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power.Councilwoman Vogt Councilman Blazi and
Councilman Conroy
e. 2017-0-07 2nd Reading - Ordinance No. 2017-0-07: Amending the Comprehensive Plan
Future Land Use Map to include 156.9± acres of land located east of S.
Ridgewood Avenue at Rio Grande, known as Hacienda Del Rio, as Medium
Density Residential.
City Attorney Wolfe read Ordinance No. 2017-0-07 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 approve
Ordinance No.2017-0-07.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Vogt,Councilman Blazi and
Councilman Conroy
f. 2017-0-09 2nd Reading - Ordinance No. 2017-0-09: an amendment to the Comprehensive
Plan Future Land Use Map to include 2.57± acres of land located at 2010 S.
Ridgewood Avenue and vacant property to the north and west as Commercial
with Conservation Overlay.
City Attorney Wolfe read Ordinance No. 2017-0-09 into the record.
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City Manager Barlow made a staff presentation.
Mayor Ignasiak opened and closed the public hearing.
A motion was made by Councilwoman Power, second by Councilwoman Vogt, to approve
Ordinance No.2017-0-09.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Vogt,Councilman Blazi and
Councilman Conroy
g. 2017-0-10 2nd Reading - Ordinance No. 2017-0-10: amendment to the Official Zoning
Map to include 9.09± acres of land located at west of S. Ridgewood Avenue,
south of Pine Avenue, including 2010 S. Ridgewood Avenue and 2018 S.
Ridgewood Avenue as BPUD (Business Planned Unit Development) and
approval of the associated BPUD Agreement
City Attorney Wolfe read Ordinance No. 2017-0-10 into the record.
City Manager Barlow made a staffpresentation.
Mayor Ignasiak opened and closed the public hearing.
A motion was made by Councilman Blazi, second by Councilwoman Power, to approve
Ordinance No.2017-0-10.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Vogt,Councilman Blazi and
Councilman Conroy
h. 2017-0-11 2nd Reading - Ordinance No. 2017-0-11: amendment to the Official Zoning
Map to include 30± acres of land located south of Roberts Road and east of
Indian River Elementary School as RPUD (Residential Planned Unit
Development)and approval of the associated RPUD Agreement.
City Attorney Wolfe read Ordinance No. 2017-0-11 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.2017-0-11.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Vogt,Councilman Blazi and
Councilman Conroy
2017-0-17 First Reading-Ordinance No.2017-0-17-Chapter 5 (Animal Services)
City Attorney Wolfe read Ordinance No. 2017-0-17 into the record.
City Manager Barlow made a staff presentation.
Mayor Ignasiak opened and closed the public hearing.
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A motion was made by Councilwoman Power, second by Councilman Blazi, to approve
Ordinance No.2017-0-17.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor lgnasiak,Councilwoman Power,Councilwoman Vogt,Councilman Blazi and
Councilman Conroy
j. 2017-0-12(2) 2nd Reading - Ordinance No. 2017-0-12 - Repealing Chapter 7.5(Cable
Television Regulations)of the Code of Ordinances
City Attorney Wolfe read Ordinance No. 2017-0-12 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.2017-0-12.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak_Councilwoman Power,Councilwoman Vogt,Councilman Blazi and
Councilman Conroy
k. 2017-0-14(2) 2nd Reading - Ordinance No. 2017-0-14- Amending and Restating Chapter
12.5 (Parks and Recreation)of the Code of Ordinances.
City Attorney Wolfe read Ordinance No. 2017-0-14 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. 2017-0-14.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor lgnasiak,Councilwoman Power,Councilwoman Vogt,Councilman Blazi and
Councilman Conroy
2017-0-13(2) 2nd Reading - Ordinance No. 2017-0-13 - Amending and restating Chapter 19
(Utilities and Services)of the Code of Ordinances in its entirety
City Attorney Wolfe read Ordinance No. 201 7-0-13 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.2017-0-13.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Vogt,Councilman Blazi and
Councilman Conroy
m. 2017-0-16 1st Reading - Ordinance No. 2017-0-16: Amending the Land Development
Code;Articles II, III. V and VI
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City Attorney Wolfe read Ordinance No. 2017-0-16 into the record.
City Manager Barlow made a staff presentation.
Mayor Ignasiak opened and closed the public hearing.
A motion was made by Councilman Blazi, second by Councilwoman Power, to approve
Ordinance No.2017-0-16.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Vogt,Councilman Blazi and
Councilman Conroy
n. 2017-0-18 1st Reading - Ordinance No. 2017-0-18: An amendment to the Future Land Use
Map to change .34± acres of property located at 2129 Umbrella Tree Drive from
Low Density Residential to Recreation.
CityAttorney Wolfe read Ordinance No. 2017-0-18 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.2017-0-18.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak.Councilwoman Power,Councilwoman Vogt,Councilman Blazi and
Councilman Conroy
o. 2017-0-19 1st Reading - Ordinance No. 2017-0-19: An amendment to the Official Zoning
Map to change .34± acres of property located at 2129 Umbrella Tree Drive from
R-2(Single Family Residential)to R(Recreation).
City Attorney Wolfe read Ordinance No. 2017-0-19 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.2017-0-19.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak.Councilwoman Power.Councilwoman Vogt,Councilman Blazi and
Councilman Conroy
p. 2017-0-20 First Reading - Ordinance No. - 2017-0-20- Firefighters Pension Plan
Amendment- Line-of-Duty Injury Insurance Benefit
City Attorney Wolfe read Ordinance No. 2017-0-20 into the record.
City Manager Barlow made a staff presentation.
Mayor Ignasiak opened and closed the public hearing.
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A motion was made by Councilman Blazi, second by Councilwoman Power, to approve
Ordinance No.2017-0-20.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Vogt,Councilman Blazi and
Councilman Conroy
q. 2017-0-21 First Reading - Ordinance No. - 2017-0-21 - Police Pension Plan Amendment -
Line-of-Duty Injury Insurance Benefit
City Attorney Wolfe read Ordinance No. 2017-0-21 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 Vogt, to approve
Ordinance No.2017-0-21.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Vogt,Councilman Blazi and
Councilman Conroy
r. 2017-R-16 Resolution No. 2017-R-16- Abandoning/Vacating planting strips/buffers along
16th Street and any others within the Florida Shores Subdivision
City Attorney Wolfe read Resolution No. 2017-R-16 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
Resolution No.2017-R-16.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak.Councilwoman Power.Councilwoman Vogt.Councilman Blazi and
Councilman Conroy
t. 2017-R-17 Resolution No. 2017-R-17 Authorizing the Mayor to execute a Modification to
Agreement for Easements and Covenants entered into in May 1989 for a
residential driveway
City Attorney Wolfe read Resolution No. 2017-R-17 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 Vogt, to approve
Resolution No.2017-R-17.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power,Councilwoman Vogt,Councilman Blazi and
Councilman Conroy
u. 2017-R-18 Resolution No. 2017-R-18 Florida Inland Navigation District (F.1.N.D.)
Waterways Assistance Program Grant for the Kennedy Park Boat Ramp
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City Council Meeting Minutes May 1,2017
replacement project.
City Attorney Wolfe read Resolution No. 2017-R-18 into the record.
City Manager Barlow made a staffpresentation.
Mayor Ignasiak opened and closed the public hearing.
A motion was made by Councilman Blazi, second by Councilwoman Power, to approve
Resolution No. 2017-R-18.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak.Councilwoman Power.Councilwoman Vogt Councilman Blazi and
Councilman Conroy
9. BOARD APPOINTMENTS
a. AR-2017-2553 Glenn Barnhill reappointment to the Citizen Code Enforcement Baord.
A motion was made by Councilwoman Power, second by Councilman Conroy, to honor
Councilman Blazi's recommendation to reappoint Glenn Barnhill to the Citizen Code
Enforcement Board.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Ignasiak.Councilwoman Power.Councilwoman Vogt Councilman Blazi and
Councilman Conroy
10. OTHER BUSINESS
a. AR-2017-2551 Requesting waiver of Purchasing Policy - Section VIII - Competitive
Procurement for Temporary Staffing
A motion was made by Councilwoman Power, second by Councilman Conroy, to
approved Waive the Purchasing Policy requirement for formal solicitation and authorize
staff to procure temporary staffing for the City as required. The MOTION was
APPROVED by the following vote:
Yes: 5- Mayor Ignasiak,Councilwoman Power.Councilwoman Vogt.Councilman Blazi and
Councilman Conroy
11. OFFICER REPORTS
a. City Clerk
City Clerk Robin Matusick reminded everyone of the handout for the Book Drive; Volusia League of
Cities Annual Dinner; Ms. Lea Bartos contacted the City Clerk's office and wanted to request an item
to be added to the agenda.
b. City Attorney
Nothing at this time.
c. City Manager
City Manager Tracey Barlow reminded everyone of Day on the River on Saturday, May 6 at
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City Council Meeting Minutes May 1, 2017
Menard-May Park; has been appointed to a small committee representing the City Manager's
Association to research the 1 cent sales tax for Transportation and Roadway and will keep everyone
updated; next Council meeting the New Smyrna Beach Ordinance and the Volusia County Ordinance
will be discussed.
12. CITIZEN COMMENTS
Lea Bartos, 2831 Kumqat Drive discussed: wanting the same ordinance relating to cannabis, that
was just passed in New Smyrna Beach to be passed in Edgewater as well.
Councilwoman Power asked about the burn ban, Fire Chief Cousins responded the County issued the
burn ban, the City will not be issuing any permits.
13. ADJOURN
There being no further business to discuss, Mayor Ignasiak adjourned the meeting at 9:51 p.m.
Minutes submitted by:
Tonya Vanek, Records Clerk
ATTEST. AP ROVED:
1 \ rie6
Robin Matusick, CO,Clerk/Paralegal Mike Ignasiak, Mayor,V
City of Edgewater Page 11 Printed on 5/10/20!7
0<..04NS g4.4 Abby Johnson
Intergovernmental Coordinator
Governmental Affairs Program
Office:321-676-6606
4, -443x' ° Cell:321-795-6217
Eme
ajohnson@sjrwmd.com
www.sjrwmd.com
Palm Bay Service Center
525 Community College Parkway.S.E.•Palm Bay,FL 32909
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INTER-OFFICE MEMORANDUM
TO: City Council
FROM: Robin L. Matusick, City Clerk/Paralegal r/z
MEMO NO: 2017-003
DATE: May 1, 2017
SUBJECT: Lea Bartos Request for an Agenda Item
Lea Bartos of 2831 Kumquat Drive contacted the City Clerk's Office to request that Council
"add to an agenda" the decriminalization of marijuana that just recently passed in New Smyrna
Beach.
Attached for your information/review is Ordinance 21-17 that New Smyrna Beach approved on
April 11, 2017.
Copy to: Tracey T. Barlow, City Manager.w attach
Chief Arcieri,wlattach
Office of the City Clerk/Paralegal
P.O.Box 100•Edgewater,FL 32132-0100
(386)424-2400 Ext. 1101 •Fax(386)424-2410
www.cityofedgewater.org
THE CITY OF NEW SMYRNA BEACH—CITY MANAGER
ORDINANCE NO. 21-17: CONDUCT THE
SECOND READING AND PUBLIC HEARING OF
AN ORDINANCE, WHICH IF ADOPTED, WOULD
AMEND CHAPTER 54 OF THE CITY CODE, BY
ADDING SECTION 54-3, TO MAKE POSSESSION
OF TWENTY GRAMS OR LESS OF CANNABIS
UNLAWFUL, AND MAKE POSSESSION OF DRUG
PARAPHERNALIA, AS DEFINED WITH THE
PROPOSED ORDINANCE UNLAWFUL;
PROVIDING FOR PENALTY UNDER SECTION 1-
14, CITY CODE, AND REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT.
APRIL 11,2017
Recommendation
Packet Pg. 8
4:64.A
ORDINANCE NO.
ORDINANCE NO. 21-17: CONDUCT THE SECOND
READING AND PUBLIC HEARING OF AN ORDINANCE,
WHICH IF ADOPTED,WOULD AMEND CHAPTER 54 OF
THE CITY CODE,BY ADDING SECTION 54-3, TO MAKE
POSSESSION OF TWENTY GRAMS OR LESS OF
CANNABIS UNLAWFUL, AND MAKE POSSESSION OF
DRUG PARAPHERNALIA,AS DEFINED WITH THE
PROPOSED ORDINANCE UNLAWFUL; PROVIDING FOR
PENALTY UNDER SECTION 1-14, CITY CODE, AND
REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT.
The City Commission directed preparation of an ordinance providing for enforcement of
misdemeanor possession of cannabis and drug paraphernalia as violations of a city
ordinance as an alternative to state statute.A city may enact such an ordinance so long as the
penalty does not exceed that imposed by the state.
The attached ordinance, use of which by law enforcement will be an option, depending
on the totality of the circumstances, is applicable within the City. If this Ordinance is
adopted, the fine schedule approved by the Chief Judge in 2009 of $103 for any ordinance
violation would apply.
The proposed ordinance would allow law enforcement officers the option of using the
municipal ordinance violation instead of making a physical arrest or a notice to appear for
violation of state law for the possession of cannabis under 20 grams and/or possession of drug
paraphernalia. It will reduce the number of people being charged under state law for minor
non-violent violations and also help to reduce the local jail population. While officers will be
instructed to use the municipal ordinance in most cases, the decision to use the ordinance
rather than state law rests solely with the officer in the field and will be based on the totality of
the circumstances.
At its meeting held March 28, 2017. the City Commission, by a majority vote of 3 - 2,
approved the proposed ordinance on first reading, as moved by Vice Mayor Sachs and
seconded by Commissioner McGuirk. Mayor Hathaway and Commissioner Reiker voted no.
APPROVED AS TO FORM AND CORRECTNESS:
Packet Pg. 9
4.A.a
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1 ORDINANCE NO. 21-17
2 AN ORDINANCE AMENDING CHAPTER 54 OF THE CITY
3 CODE; BY ADDING SECTION 54-3 TO MAKE POSSESSION
4 OF TWENTY GRAMS OR LESS OF CANNABIS UNLAWFUL,
5 AND MAKE POSSESSION OF DRUG PARAPHERNALIA AS
6 DEFINED HEREIN UNLAWFUL; PROVIDING FOR 0
7 PENALTY UNDER SECTION 1-14, CITY CODE;
8 REPEALING ALL ORDINANCE OR PARTS OF
9 ORDINANCES IN CONFLICT HEREWITH; PROVIDING
10 FOR CODIFICATION; AND PROVIDING AN EFFECTIVE
11 DATE.
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12 WHEREAS, Chapter 54, City Code, sets forth miscellaneous c
13 offenses; and c o
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14 WHEREAS, subsection 893 . 13 (6) (b) , Florida Statutes, provides c
15 that the possession of twenty (20) grams or less of cannabis 0-
16 (marijuana) , intended onlyfor the consumption of the
� p possessor, is
17 a first degree misdemeanor criminal offense; and E
0
18 WHEREAS, the City Commission finds that established penalties
19 and procedures for violation of the City Code may be more Inc
20 commensurate with the offense of possession of twenty grams or less 2
21 of cannabis or paraphernalia in some circumstances .
cn
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22 NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY c
23 OF NEW SMYRNA BEACH, FLORIDA: a
24 SECTION 1: Amendment. That New Smyrna Beach Code of
25 Ordinances, Chapter 54, is hereby amended by adding a section, to c.
26 be numbered 54-3, which section reads as follows : v
rn
27 Chapter 54 . Offenses
28 . . . . a
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Page 1 of 3 N
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Ord 21-17, Chapter 54, - Code
Amendment, adding Section 54-3, 6
Possession of Cannabis E
First Reading March 28, 2017
Public Rearing April 11, 2017
Packet Pg. 10
4.A.a
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29 Sec . 54-3 - Possession of cannabis or paraphernalia.
30 (a) Prohibitions. It shall be unlawful for any person to
31 possess 20 grams or less of cannabis as defined in F.S. =
32 §893 . 02 (3) , or its successor, or drug paraphernalia as 2
33 defined in F.S. §893 . 145, or its successor.
C
34 (b) Penalty. Violations of this section are punishable as
35 provided in Section 1-14 , City Code. 0
a)
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36 SECTION2: Codification . Following adoption of this ordinance,
37 the City Clerk shall transmit a copy of this ordinance to Municipal g
38 Code Corporation of Tallahassee, Florida, to be codified into the i
39 City' s Code of Ordinances. Municipal Code Corporation' s usual and c
40 customary fee for said codification service is hereby approved.
0
41 SECTION3: Public Hearing. That a public hearing considering °
42 the adoption of this ordinance held April 11, 2017, in the City g
43 Commission Chambers, 210 Sams Avenue (south entrance on Julia ac)
44 Street) , New Smyrna Beach, Florida, after notice published, is a
45 found to comply with §166 . 041 (3) (a) , F.S. 0
E
46 SECTION 4: Conflicting Ordinances. That any ordinances that
47 are in conflict with this ordinance are hereby rescinded and
48 repealed. N
0
49 SECTIONS: Severability. That if any section, sentence, clause m
50 or phrase of this ordinance is held invalid or unconstitutional by
51 any court of competent jurisdiction, then said holding shall in no C_
52 way affect the validity of the remaining portions of this i
53 ordinance.
54 SECTION 6: Effective Date. That this ordinance shall take 15.
55 effect immediately upon its final adoption. 0
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Page 2 of 3
Ord 21-17, Chapter 54, - Code
Amendment, adding Section 54-3, y
Possession of Cannabis E
First Reading March 28, 2017
Public Hearing April 11, 2017 ea
Packet Pg. 11
4.A.a
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56 APPROVED AS TO FORM AND CORRECTNESS: 3
5 8 (FRANK B. GUMMEY, III
5 9 City Attorney
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6 0 DATE: 3 // --/ / 7
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Page 3 of 3 N
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Ord 21-17, Chapter 54, - Code ••
Amendment, adding Section 54-3, %
Possession of Cannabis E
First Reading March 28, 2017 0
Public Hearing April 11, 2017 413.
Q
Packet Pg. 12
Robin Matusick
From: Lea Bartos <leabartos77@gmail.com>
Sent: Thursday, April 27, 2017 12:53 PM
To: City Clerk
Subject: Following Up
Dear Ms. Matusick:
Good afternoon. I am emailing you to follow up on the message that I left with Tonya from your
office earlier this week when I called.
I called requesting that the adoption of New Smyrna Beach's cannabis decriminalization ordinance be
placed on the next City Council meeting agenda. I was told that my message would be forwarded on
to you and that you would be calling me back on this. I am sure you have a very busy schedule, so I
thought it may be beneficial to send you a follow up email to touch base with you on this.
Below I have included a link to New Smyrna Beach's Agenda Packet that includes the information on
the Ordinance (No. 21-17) that was passed on April 11, 2017. The actual minutes from that meeting
documenting the outcome do not appear to be online at this time,but the ordinance was passed (3-2).
Please contact me at your earliest convenience to discuss. I look forward to hearing from you.
Respectfully,
Lea N. Bartos
2831 Kumquat Drive
Edgewater, Florida 32141
(386)451-6889
i
http://newsmvrnabeachfl.igm2.com/Citizens/FileOpen.aspx?Type=1&ID=1107&Inline=True
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MID YEAR AMENDED FY 2016 - 2017 BUDGET
CURRENT MID-YEAR AMENDED
REVENUES AND EXPENSES FY 2016-2017 APPROVED REVENUE EXPENSES VARIANCE
001 -GENERAL FUND $ 15,054,648 $ 15,474,343 $ 15,474,343 $ 419,695
113-LAW ENFORCEMENT BLOCK $ 2.750 $ 3,040 $ 3.040 $ 290
114-GRANTS FUND S 257.000 $ 257,000 $ 257.000 $ -
115-SPECIAL LAW ENFORCEMENT TRUST FUND $ 24.000 $ 24,000 $ 24.000 $ -
116-TRANSPORTATION IMPACT FEE S 105.200 $ 105,200 $ 105.200 $ -
117-POLICE IMPACT FEE FUND S 72.504 $ 72,504 $ 72.504 $ -
118-FIRE IMPACT FEE FUND 5 85,015 $ 85,015 $ 85.015 $ -
119-RECREATION IMPACT FEE $ 125,146 $ 125,146 $ 125.146 $ -
120-SCHOLARSHIP FUND 5 5,000 $ 5,000 $ 5,000 $ -
125-EDGEWATER CRA $ 51,242 $ 50,543 $ 50,543 $ (699)
205-I&S DEBT SERVICE FUND $ 179,217 $ 179,217 $ 179,217 $ -
331 -CAPITAL PROJECTS FUND $ 6,463,382 $ 6,867,945 5 6,867,945 $ 404,563
440-WATER&SEWER $ 10,397,920 $ 10.397,920 $ 10,397,920 $ -
442-WATER DEVELOPMENT $ 315,500 $ 315,500 $ 315,500 $ -
443-SEWER DEVELOPMENT $ 426,500 $ 426,500 $ 426,500 $ -
444-RENEWAL&REPLACEMENT $ 2.826,316 $ 2,826,316 $ 2.826,316 $ -
445-WATER&SEWER RATE STABILIZATION $ 1.144,914 $ 1,144,914 $ 1.144,914 $ -
447-REFUSE $ 3.567,596 $ 3,567,596 $ 3.567,596 $ -
448-STORMWATER OPERATING $ 1.637,271 $ 1,637,271 $ 1.637,271 $ -
1 450-PUBLIC WORKS COMPLEX $ 126,179 $ 126,179 $ 126,179 $ -
501 -MIS $ 547,070 $ 627,070 $ 627,070 $ 80,000
502-FLEET $ 872,880 $ 872,880 $ 872,880 $ -
503-LOSS FUND $ 310,086 $ 310,086 $ 310,086 $ -
504-FULLY INSURED INSURANCE $ 2.584,630 $ 2,584,630 $ 2.584,630 $ -
505-WORKERS COMPENSATION $ 340,000 $ 340,000 $ 340,000 $ -
TOTAL ALL FUNDS $ 47.521,966 $ 48,425,815 $ 48,425,815 $ 903,849
CITY CLERK REPORT—May 1,2017
ITEM #11.a.
1) Agenda Item request from Lea Bartos requesting Council add this item to a Council
meeting for consideration and approval for the decriminalization of marijuana that New
Smyrna Beach just passed. I have passed out a copy of the ordinance that New Smyrna
approved on April 11th
2) Passed out an Invitation for Volusia League of Cities Annual Distinguished Service
Awards Dinner on May 25, 2017 in DeLand at the Sanborn Activity Center - you have
also received the invitation on your Council Invitation Calendar
3) Passed out & forwarded for your information, the email from the Chamber on their
Education Committee Book Drive
(Clerk/Council/Clerk Reports/01-09-2017)
1111W7NIP.5" /*
VOLUSIA LEAGUE OF CITIES
ANNUAL DISTINGUISHED SERVICE
AWARDS DINNER
MAY 25, 2017
SANBORN ACTIVITY CENTER
815 S. ALABAMA AVENUE
DELAND, FLORIDA 32724
RECEPTION -6:0o p.m.
DINNER-7:00 p.m.
AWARDS PROGRAM -8:3o p.m.
Cost is 535.00 per person
Payment to:
Volusia League of Cities
12443 Research Parkway, Suite 402
Orlando, Florida 3226
CRYSTAL SPONSORS:
CPH ENGINEERS; QUENTIN L. HAMPTON Assoc. YGRENE ENERGY FUND
R.S.V.P. KAREN.OSSJ@UCF.EDU NO LATER THAN THURSDAY,MAY 18,2017
Robin Matusick
From: Southeast Volusia Chamber of Commerce <sevinfo@sevchamber.com>
Sent: Monday, May 01, 2017 10:40 AM
To: City Clerk
Subject: SEV Chamber Education Committee Book Drive 2017
•Southeast Volusia fl
Chamber, .
Commerce\
\
Serving the Communities of a s'
New Smyrna Beach,Edgewater&Oak Hill
SEV Chamber Education Committee Book Drive
2017
When
Monday, May 1, 2017 at 9:30 AM
EDT L.A..,
-to-
Wednesday, May 31, 2017 at
2:00 PM EDT i 1
Add to Calendar 1116
111.11.11111
Where I __
SEV Chamber of Commerce
115 Canal St
New Smyrna Beach, FL 32168
Beach
Municipal p �;; '
Airport 76.
, ' , Dear Mike,
• bb /"
•
.410
New Smy.,, .
- The Southeast Volusia Chamber of Commerce Education
Committee is holding their Annual Book Drive for
44 underprivileged students of Southeast Volusia. There is a
ti j'* great need for these students to be able to obtain books for
their 2017 summer reading. Our Education Committee travels
®2017 Microsoft Co• _r to a Book Warehouse in Orlando to purchase appropriate
2017 HERE books for all ages.
Driving Directions
Please Donate Now using your credit card or come by the
SEV Chamber to donate.
1