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06-07-2021 - Regular104 N. Riverside Drive Edgewater, FL 32132City of Edgewater Meeting Minutes City Council Mike Thomas, Mayor Christine Power, District 1 Gigi Bennington, District 2 Megan O'Keefe, District 3 Jonah Powers, District 4 6:00 PM Council ChambersMonday, June 7, 2021 1. CALL TO ORDER and ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION Mayor Thomas called the meeting to order at 6:00 p.m. Mayor Mike Thomas, Councilwoman Christine Power, Councilwoman Gigi Bennington, Councilwoman Megan O'Keefe, and Councilman Jonah Powers Present:5 - City Manager Glenn Irby, City Attorney Aaron Wolfe, and Bonnie BrownAlso Present:3 - 2. APPROVAL OF MINUTES None at this time. 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a.Proclamation - Waste and Recycling Workers Week Mayor Thomas read the Proclamation into the record. b.Kelly McGee, Riverside Conservancy, to provide an update on plantings and oyster restoration. There was no presentation given. 4. CITIZEN COMMENTS Libby Lavette, 1820 Hibiscus Drive, stated that she attended the Marine Resource Council Presentation, displaying a report card from the event for Council; Ms. Lavette expressed her displeasure with a recent issue over the spraying of a storm water canal on 18th Street, suggesting that staff be directed to find alternatives to use in place of the chemicals. Cynthia Black, 2723 Umbrella Tree Drive, recommended Mr. Penalta for the Environmental Advisory Board; citing his experience, legal background, his lack of social media presence and his upstanding reputation in the community. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA A motion was made by Councilwoman Power, second by Councilman Powers, to move item 10(a) to July 12. The MOTION was APPROVED by the following vote: Page 1City of Edgewater Printed on 11/10/2021 June 7, 2021City Council Meeting Minutes Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - 6. CITY COUNCIL REPORTS Councilwoman O'Keefe had nothing at this time. Mayor Thomas applauded Councilwoman O'Keefe on being a good team player. Councilman Powers stated that there had been a Team Volusia Executive meeting the previous month that seemed promising in terms of training and initiative for elected officials. Councilwoman Power spoke about attending the East Central Florida Regional Resilience Collaboration in May; In terms of TPO, she informed Council that FDOT will be resurfacing 442 throughout 2022 and that they are still working on the traffic light at the junction of 442 and the 95 exit; Councilwoman Powers commented on the recent Economic Development meeting with Oak Hill and New Smyrna Beach as well as the new location for the upcoming 4th of July event. Councilwoman Bennington complimented the Citizens Academy that the Police Department put together; commenting that it was very informative and that she highly recommends it for everyone. Mayor Thomas stated that he had attended the Roundtable meeting, the Southeast Volusia Mayors meeting, the Economic Development Committee meeting and more; he discussed the high views on a recent Facebook live pertaining to the utility bills; Mayor Thomas reminded citizens that with hurricane season approaching, it is important to take precautions and obtain supplies. Mayor Thomas mentioned touring the mobile command center. 7. CONSENT AGENDA A motion was made by Councilwoman Power, second by Councilwoman Bennington, to approve the Consent Agenda. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - a.Addendum #2 to extend the Janitorial Services Agreement with Precision Building Services b.Award of contract for the CDBG-DR Grant Administrative Services for Hart Avenue Drainage Improvements Project (RFP 21-ES-002) c.Proposal from Mead & Hunt to Prepare the Risk and Resilience Assessment and Emergency Response Plan Update for the Alan R. Thomas Water Treatment Plant d.The Rotary Club of Edgewater requesting waiver of fees to use Menard May Park and permission to serve alcohol for Pirates on the Edge Event November 18, 2021 Page 2City of Edgewater Printed on 11/10/2021 June 7, 2021City Council Meeting Minutes 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a.2nd Reading Ordinance No. 2021-O-04- Joshua C. Wells, requesting annexation of 1.42± acres of land located at 166 & 168 East Cory Drive City Attorney Wolfe read the Resolution into the record. There was no staff report as it was a second reading. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Ordinance No. 2021-O-04. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - b.2nd Reading - Ordinance No. 2021-O-05 - Joshua C. Wells, requesting an amendment to the Future Land Use Map to include 1.42± acres of land located at 166 & 168 East Cory Drive as Low Density Residential. City Attorney Wolfe read the Resolution into the record. There was no staff report as it was a second reading. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Ordinance No. 2021-O-05. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - c.2nd Reading Ordinance No. 2021-O-06 - Joshua C. Wells, requesting an amendment to the Official Zoning Map to include 1.42± acres of land located at 166 & 168 East Cory Drive as R-3 (Single Family Residential). City Attorney Wolfe read the Ordinance into the record. There was no staff report as it was a second meeting. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Ordinance No. 2021-O-06. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - d.2nd Reading - Ordinance No. 2021-O-29 amending Chapter 12 (Offenses and Page 3City of Edgewater Printed on 11/10/2021 June 7, 2021City Council Meeting Minutes miscellaneous provisions) of the Code of Ordinances, City of Edgewater, Florida; to include Article VII (Registration of real property in foreclosure); providing for conflicting provisions, severability and applicability; providing for codification, an effective date and for adoption. City Attorney Wolfe read the Ordinance into the record. Mr. Irby provided a staff report and recommendation. Mayor Thomas opened the public hearing. Councilwoman O'Keefe inquired about the cost of the services; Mr. Irby informed Council that the companies that own the properties would be charged, not the City. Mayor Thomas closed the public hearing. A motion was made by Councilwoman O'Keefe, second by Councilman Powers, to approve Ordinance No. 2021-O-29. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - e.Resolution 2021-R-13 Approval and Execution of the Florida State Highway Lighting, Maintenance and Compensation Agreement City Attorney Wolfe read the Resolution into the record. Mr. Irby provided a staff report and recommendation. Mayor Thomas opened the public hearing. Mayor Thomas asked for clarification of who was in charge of the streetlights; Mr. Irby explained that the contract was with FDOT but Florida Power and Light are still involved because they service the streetlights, the City just has to inform them if there are any outages. Peg Tanner, 231 Los Demas, inquired over who checks the streetlights. Mayor Thomas answered that in his experience, it's through FP&L. Councilwoman O'Keefe pointed out that if a Police Officer, Firefighter, City employee or resident spotted one, they could report it as well. Mayor Thomas closed the public hearing. A motion was made by Councilwoman O'Keefe, second by Councilwoman Power, to approve Resolution No. 2021-R-14. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - Page 4City of Edgewater Printed on 11/10/2021 June 7, 2021City Council Meeting Minutes 9. BOARD APPOINTMENTS a.Firefighter’s Pension Board: Councilman Powers appointment due to the expired term of Ron Hayward, who is seeking reappointment. A motion was made by Councilman Powers, second by Councilwoman Power, to reappoint Ron Hayward . The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - b.Environmental Advisory Board: City Council Appointment due to the resignation of Laura Albert Mr. Irby provided a staff report and recommendation. Councilwoman O'Keefe confirmed with Mr. Irby that there were two vacancies on the Board. Councilwoman Bennington asked if they were doing two appointments or just one; Mr. Irby clarified that it was just one appointment. A motion was made by Councilwoman Power, second by Councilwoman Bennington, to appoint Alexander Penalta. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - 10. OTHER BUSINESS a.Windview Townhomes HOA, Inc., requesting the allocation of four (4) additional boat slips for property located at 1909 S. Riverside Drive. This Other Business Item was tabled to the July 12, 2021 City Council meeting. b.Update of the Drinking Water Facility Plan by Mead & Hunt. Mr. Irby provided a staff report and recommendation. Councilwoman Power asked for further clarification of the details of the staff report. Brenda Dewees, Environmental Services Director, explained that Mead & Hunt has done multiple tests of the drinking water to try to find different measures of treatment to enhance the aesthetics of the water; after a proposal given by Mead & Hunt, a peer review is being done by CPH to ensure that the money is being well spent for better quality drinking water. Councilwoman Power stated that she had suspicions that it was a piping issue causing the poor aesthetic quality of water; Mrs. Dewees responded that when they get to that point, they would have engineers come in with a complete report. An issue they've discovered is that there are organics in Page 5City of Edgewater Printed on 11/10/2021 June 7, 2021City Council Meeting Minutes the raw water when they are pumping from the groundwater; Councilwoman Power asked if that would be an extra stage or different chemical, Mrs. Dewees clarified that they were looking at a few different methods to determine the right one. Further discussion ensued over the type of possible methods to treat the water as well as the funding for said project. Mrs. Dewees and Mr. Irby informed Council that there is a chance for grants as well as additional federal funding. Councilwoman Powers expressed that she's always thinking about Cory Estates and septic to sewer; asking staff to keep that in mind. Mayor Thomas commented that two of the complaints received from the citizens were about the smell and taste of the water. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to authorize Mead & Hunt to prepare the Drinking Water Facility Plan in an amount not to exceed $66,684 . The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - c.Emergency Shoreline Restoration Construction for Veteran ’s Memorial Park Approval Mr. Irby provided a staff report and recommendation. Councilwoman O'Keefe and Councilwoman Power expressed their pleasure over the City working with local businesses on the Restoration Project. Libby Lavette, 1820 Hibiscus Drive, said that she fully supported the restoration but reminded Council that the project takes place at the end of the 18th street canal where there was a spraying issue. Ms. Lavette stated her concern over chemical runoff affecting the sea grass. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to recommend approval of the Emergency Shoreline Restoration Construction Project for Veterans Memorial Park not to exceed $32,000. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - d.Authorization to Purchase Liquid Aluminum Sulfate from Thatcher Chemical of Florida, Inc. Mr. Irby provided a staff report and recommendation. Libby Lavette, 1820 Hibiscus Drive, asked Council to make sure that the chemicals being used were safe for the water; urging staff to possibly check for alternative materials. Mayor Thomas inquired about what is actually done with the chemical; Mrs. Dewees, clarified that aluminum sulfate is a coagulant to help the solids settle and remove phosphorus from the water. When asked by Mayor Thomas about alternative chemicals, Mrs. Dewees stated that there are no Page 6City of Edgewater Printed on 11/10/2021 June 7, 2021City Council Meeting Minutes others that she is aware of. Cynthia Black, 2723 Umbrella Tree Drive, stated that the chemicals being used are not as hazardous as previously implied. A motion was made by Councilwoman Bennington, second by Councilwoman O'Keefe, to Authorize the purchase of Liquid Aluminum Sulfate from Thatcher Chemical of Florida not to exceed 72.5 cents per gallon. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - 11. OFFICER REPORTS a.City Clerk Ms. Brown informed Council that her new Assistant to the City Clerk, Monique Toupin had started; she reminded Council that on Thursday at 9am, the Parks Department would be presenting two beautification awards within the City and that on the 28th at 4:00 there will be a budget workshop. Mayor Thomas asked about the 16th; Mrs. Brown informed him that on the 16th at 8am, they were to meet for the second part of the Economic Development Summit. Mayor Thomas commented on the mechanic currently doing light work in the City Clerks office, noting that he's doing a great job. b.City Attorney City Attorney Wolfe reported that the City's insurance company has asked him to present a claim to Council to settle to avoid the cost of litigation in a slip and fall case that is currently pre-suit; Councilwoman Power asked for the date and time of the incident, Mr. Wolfe responded that it was October 1, 2018 at approximately 8:00 p.m. At the inquisition of Councilwoman O'Keefe, Mr. Wolfe stated that the settlement cost was $12,000; which would be less than the cost of the claim going to court. Councilwoman Power stated that if the insurance company is recommending the settlement, it's usually the way to go. Councilwoman O'Keefe asked Mr. Wolfe his recommendation; Mr. Wolfe responded that he would be happy to defend the claim but it was at the insurance company's urging to settle. Further discussion ensued over the details of the incident, the cost of settling and the length of the claim. City Attorney Wolfe informed Council that the governor rescinded the executive order on public meetings so a physical quorum is required; calling into meetings would only be allowed under extraordinary circumstances or at the discretion of the Council. Page 7City of Edgewater Printed on 11/10/2021 June 7, 2021City Council Meeting Minutes Councilwoman Power inquired if the shields currently in place could be taken down, Mr. Irby confirmed that they could. A motion was made by Councilwoman Bennington, second by Councilwoman Power, to approve the settlement in the amount of $12,000.00. The MOTION was APPROVED by the following vote: Yes:Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 4 - No:Mayor Thomas1 - c.City Manager Mr. Irby announced that there would be a job fair in New Smyrna Beach with several sponsors participating, crediting Councilwoman O'Keefe for proposing the idea at a previous meeting. Councilwoman Powers asked if it was separate from a job fair the high school was putting on, Mr. Irby confirmed that it was. Mayor Thomas mentioned the need for City employees but Council expressed pride over the Police Department being fully staffed. Councilwoman O'Keefe provided the specific details over the upcoming job fair. 12. CITIZEN COMMENTS Faye Hilton, 1710 India Palm Drive, inquired about the necessity and details of roofing permits after having issues with her insurance over her roof despite the City permits being approved and signed off on. Council discussed the possibilities and Mr. Irby agreed to get with the Building Official to find the root of the problem. Corrie Sapp, 102 Louisa Drive, stated that when she had a wind mitigation done it was found that her roof had been nailed improperly and that the City had signed off on the inspection because the roofer had signed an affidavit ensuring that it had been completed properly. Ms. Sapp expressed her concern over the lack of proper evaluation; as well as her displeasure over a comment that was made by a City employee toward the previous commenter regarding the issue. Council agreed that this was a prevalent problem and thanked her for bringing the issue to attention. Libby Lavette, 1820 Hibiscus Drive, spoke about the vacancies on the Environmental Advisory Board and possible educational courses the board might consider taking. She also inquired about the census and redistricting; Council answered that once the census is received, it will be discussed at a Council meeting with Mr. Irby providing a report. Peg Tanner, 231 Los Demos, stated that she was a resident of Hacienda Del Rio and asked Council how corporations like Boston Whaler could be held accountable, citing vegetation they removed that was supposed to remain as a sound barrier between the community and Boston Whaler. She also Page 8City of Edgewater Printed on 11/10/2021 June 7, 2021City Council Meeting Minutes spoke on additions that were added to the community that seriously affected its outward appearance. At the mentioning of possible wildlife endangerment, Council advised she contact the FWC. Mr. Irby stated that he would look into the issues brought forth. Mayor Thomas requested that someone investigate the possible violations made; Councilwoman O'Keefe added that she would like the elimination of the buffer line between Hacienda Del Rio and Boston Whaler investigated as well. Mayor Thomas attempted to recall the initial meeting where the vote was made pertaining to the growth of Hacienda Del Rio, stating that he thought he specifically asked if they were going to leave some vegetation in place at the front. Cynthia Black, 2723 Umbrella Tree, asked about the vacancies on the Environmental Advisory Board and suggested that Council decrease the seven members to five; Mr. Irby stated that it had been discussed and they were going to attempt to get seven members one more time. 14. ADJOURN Mayor Thomas adjourned the meeting at 7:26 p.m. Page 9City of Edgewater Printed on 11/10/2021