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10-04-2021 - 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, October 4, 2021 IMMEDIATELY FOLLOWING THE CRA MEETING 1. CALL TO ORDER and ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION Mayor Thomas called the meeting to order at 6:12 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 City Clerk Bonnie ZlotnikAlso Present:3 - 2. APPROVAL OF MINUTES a.Regular Meeting - February 1, 2021 A motion was made by Councilwoman O'Keefe, second by Councilwoman Bennington, to approve the February 1, 2021 Minutes. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - b.Regular Meeting - April 5, 2021 A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve the April 5, 2021 Minutes with the addition of Councilwoman Bennington's report under Section 6 stating that she attended the Easter Egg giveaway and felt the kids missed doing the Easter Egg Hunt. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - c.Special Meeting - April 12, 2021 A motion was made by Councilwoman O'Keefe, second by Councilwoman Bennington, to approve the April 12, 2021 Minutes. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS Page 1City of Edgewater Printed on 2/15/2022 October 4, 2021City Council Meeting Minutes a.Presentation from Environmental Advisory Board Suzanne Ackley, Vice Chair of the Environmental Advisory Board, gave her thanks to Council for their support in the formation of the board. Mrs. Ackley gave a brief overview of the boards initial goals; a presentation about the knowledge they've gained via staff as well as the community concerning the challenges they are facing environmentally; guests from The Volusia County Soil and Water Conservation district and the Riverside Conservancy who have attended meetings and offered assistance; the planting of new mangroves, the positive impact of volunteers from Stetson University and Boston Whaler and the continuing encouragement to educate the community about conservation. Ms. Ackley discussed the board meeting with Tyna Hilton of the Environmental Services Department over her knowledge of educational opportunities and outreach in local schools and clubs in an attempt to get students involved with the environment. She mentioned becoming involved with the homeowners associations to explain the goals of the advisory board and that it had been mentioned by staff that some residents had been helping with the cleaning of storm water drains in their area. She stated that the board had heard of new technology involving trash capturing and the watergoat along with their benefits to the city. She hopes to continue down those avenues if funding allows. She said that the board wants to do further research on netting systems from other areas to find out how cost effective different projects might be. She informed Council that most recently, the Board had Chad Truxall from the Marine Discovery Center explain what New Smyrna Beach was doing in terms of businesses and environmentally friendly packaging, acknowledging that she knew Edgewater was limited in terms of what they could require. In the future, the Board expects to hear more presentations from community members, other districts and to look into what other cities are doing in terms of development and tree conservation. b.Proclamation - National Police Week Mayor Thomas read the Proclamation into the record. 4. CITIZEN COMMENTS Jennifer Fox, 115 E Turgot Avenue, spoke about 108 E Turgot Avenue and how it was being used incorrectly for employee parking by All Florida Plumbing and Electric despite it being zoned as residential. Jim Fox, 115 E Turgot Avenue, expressed his displeasure concerning All Florida Electric and Plumbing and what they've been allowed to do with the business and 108 E Turgot Avenue. He addressed multiple infractions committed by the company and also by the City in reference to his own property and the properties owned by All Florida Plumbing and Electric. Mayor Thomas asked if staff wanted to respond, Mr. Irby declined. Page 2City of Edgewater Printed on 2/15/2022 October 4, 2021City Council Meeting Minutes Libby Lavette, 1820 Hibiscus Drive, stated that while Ms. Ackley's report for the Environmental Advisory Board was great, it left out the negatives. Ms. Lavette went on to discuss members of the Advisory Board and a recent incident at an Environmental Advisory Board meeting regarding the Sunshine Law. Mayor Thomas asked City Attorney Wolfe if he would like to respond to the accusation of the Sunshine Law violation. Mr. Wolfe report that the board did the right thing in tabling the discussion until they knew for certain what the laws were pertaining to public comments and that it had been addressed accordingly. Councilwoman O'Keefe asked if staff had been aware of the law beforehand; Mr. Irby replied that they were aware now. Marcia Lenninger 116 E Turgot Avenue, expressed her gratitude for her neighbors, Jim and Jennifer Fox. She discussed the lack of a landscape barrier between all Florida Plumbing and Electricity and the residential properties as well as her desire for the neighbors and community to be involved in decisions going forward regarding said properties. Chuck Martin, 205 Cherrywood Lane, commended Council on a great job; he said that he works in Orlando and compared to what he sees there, Edgewater is the cleanest and safest place around. He spoke about first responders saving his life four (4) months ago, expressing how much he appreciates the Chief of Police and the Police Department. He spoke briefly of the communities enjoyment of the event they recently put together. He once again extended his support of the Council, saying that he had heard great things about Councilwoman Powers; he feels the one thing that could be improved in the City is the reclaim water system. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA None at this time. 6. CITY COUNCIL REPORTS Councilman Powers reported that he had recently attended a Team Volusia meeting; sharing that in 2021 there was an annual payroll of $31.2 Million brought into Volusia County from their efforts to bring jobs. Councilwoman Power asked if it was specifically for 2021; Councilman Powers confirmed that it was and expressed his pride in the organization, stating that though Team Volusia was small, they were mighty. Councilwoman Power reported that TPO had confirmed the services of SGR, a search firm for the Executive Director of the TPO and that she was looking forward to seeing what they come up with. She mentioned that there is a Central Florida Metropolitan Planning Organization made up of different TPO's; and that a position there put forward by the state is currently vacant, sharing the comparison of what they are offering to our TPO. Page 3City of Edgewater Printed on 2/15/2022 October 4, 2021City Council Meeting Minutes Councilwoman Bennington had nothing at this time. Councilwoman O'Keefe reported that she had a couple citizens reach out to express their love for the flashing lights at the crosswalk by Indian River Elementary, inquiring if it were possible to add more down 30th street at the other crosswalks. Mr. Irby responded that those lights cost about $1800 apiece; Councilwoman O'Keefe asked if something could be slowly integrated or if there are alternatives that could help as the City grows. Councilwoman O'Keefe also mentioned that she had people reach out about the future of sidewalks in the shores, adding that she knew it was expensive; Mr. Irby confirmed that it was costly but said the main issues are drainage and right of way. Brenda Dewees, Environmental Services Director, confirmed that drainage was an issue and that there was a sidewalk trail proposed to cross the tracks right at 30th Street as well as a design team that Council approved at the last meeting to look at alternatives to get the trail/sidewalk from 30th Street all the way to Rotary Park. She also mentioned 27th Street and a sidewalk master plan that the City has for future sidewalks throughout the shores with funding being the main obstacle. Councilwoman O'Keefe asked if Staff could look into implementing future lights; Mr. Irby acknowledged her request, with Councilwoman Power stating that $1800 wasn't that much in the grand scheme of things. Further discussion ensued over the growth of the city and the impacts on traffic. Mayor Thomas asked who was responsible for the watergoat; Mr. Irby responded that the Riverside Conservancy took it on but Ms. Dewees's crew had been maintaining it. Mayor Thomas said he had noticed on his tour that it was in need of cleaning. Mayor Thomas gave kudos to the Refuse Department for picking up a large amount of furniture left by a former neighbor. He expressed his amazement at seeing the amount of workers in the new subdivisions around town. Mayor Thomas asked Darren Lear, Development Services Director, about a public comment earlier in the meeting, if it was possible for All Florida Plumbing and Electric to request for a rezoning to make their residential property a commercial one; Mr. Lear responded that they could indeed request it and bring it before Council. 7. CONSENT AGENDA a.Renewal of Lime Slurry Hauling and Disposal contract with KAG Specialty Products A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, 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 - 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS Page 4City of Edgewater Printed on 2/15/2022 October 4, 2021City Council Meeting Minutes a.Resolution No. 2021-R-30; October Amended Budget for Fiscal Year 2021-2022. City Attorney Wolfe read the Resolution into the record. Bridgette Vaissiere, Finance Director, provided a staff report and recommendation. Mayor Thomas opened the public hearing. Councilwoman Power asked for further clarification over the water and sewer cost versus renewal and replacement cost. Ms. Vaissiere responded that transfers could be confusing but the difference between the two is the amount of the water and sewer fund being transferred to the public works complex. Ms. Vaissiere then went on to give a complete breakdown of the cost. Councilwoman Power mentioned the numbers appearing duplicated when they weren't; Ms. Vaissiere explained further that while it looks like the money is duplicated; it is merely the money coming in and being transferred to various funds. Mayor Thomas closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Resolution No. 2021-R-30; herein referred to as the October Amended Budget for Fiscal Year 2021 - 2022. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - b.Resolution NO 2021-R-31 Language Access Plan for limited English proficiency persons. City Attorney Wolfe read the Resolution into the record. City Manager Irby provided a staff report and recommendation. Mayor Thomas opened the public hearing. Councilwoman Power inquired about the amount of Creole speaking people in the city; Mr. Irby responded that they're everywhere and Councilman Powers said that the City was planning well for them. Mr. Irby reminded Council that Florida is an immigrant state with a hodge podge of many. Mayor Thomas closed the public hearing. A motion was made by Councilwoman O'Keefe, second by Councilman Powers, to approve Resolution No. 2021-R-31. The MOTION was APPROVED by the following vote: Page 5City of Edgewater Printed on 2/15/2022 October 4, 2021City Council Meeting Minutes Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - c.2nd Reading - Ordinance No. 2021-O-17 - Ernest V. and Gail LaCour, requesting annexation of three parcels totaling .95± acres of land located at 146, 148 and 153 South Cory Drive City Attorney Wolfe read the Ordinance into the record. There was no staff report as this was a second reading. Mayor Thomas opened and closed the public hearing. A motion was made by Councilman Powers, second by Councilwoman Power, to approve Ordinance No. 2021-O-17. 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-18 - Ernest V. and Gail LaCour, requesting an amendment to the Future Land Use Map of three parcels totaling .95± acres of land located at 146, 148 and 153 South Cory Drive as Low Density Residential. City Attorney Wolfe read the Ordinance into the record. There was no staff report as this was a second reading. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman O'Keefe, second by Councilman Powers, to approve Ordinance No. 2021-O-18. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - e.2nd Reading - Ordinance No. 2021-O-19 - Ernest V. and Gail LaCour, requesting an amendment to the Official Zoning Map for three parcels totaling .95± acres of land located at 146, 148 and 153 South Cory Drive as R-3 (Single Family Residential). City Attorney Wolfe read the Ordinance into the record. There was no staff report as this was a second reading. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Bennington, second by Councilwoman O'Keefe, to approve Ordinance No. 2021-O-19. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - Page 6City of Edgewater Printed on 2/15/2022 October 4, 2021City Council Meeting Minutes f.2nd Reading - Ordinance No. 2021-O-20 - Ernest V. and Gail LaCour, requesting annexation of .25± acres of land located at 144 Flamingo Road City Attorney Wolfe read the Ordinance into the record. There was no staff report as this was a second reading but Mr. Irby said they were ready to answer any questions Council may have. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Bennington, second by Councilwoman O'Keefe, to approve Ordinance No. 2021-O-20. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - g.2nd Reading - Ordinance No. 2021-O-21 - Ernest V. and Gail LaCour, requesting an amendment to the Future Land Use Map for .25± acres of land located at 144 Flamingo Road as Medium Density Residential. City Attorney Wolfe read the Ordinance into the record. There was no staff report as this was a second reading. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman O'Keefe, second by Councilwoman Power, to approve Ordinance No. 2021-O-21. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - h.2nd Reading - Ordinance No. 2021-O-22 - Ernest V. and Gail LaCour, requesting an amendment to the Official Zoning Map for .25± acres of land located at 144 Flamingo Road R-3 (Single Family Residential). City Attorney Wolfe read the Ordinance into the record. There was no staff report as this was a second reading. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman O'Keefe, second by Councilwoman Power, to approve Ordinance No. 2021-O-22. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - i.2nd Reading - Ordinance No. 2021-O-45 - Amending and restating Chapter 19 (Utilities and Services), Article I (In General) and Article V (Solid Waste Disposal), Page 7City of Edgewater Printed on 2/15/2022 October 4, 2021City Council Meeting Minutes of the Code of Ordinances to include changes reflecting the use of carts and other updates. City Attorney Wolfe read the Ordinance into the record. There was no staff report as this was a second reading. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman O'Keefe, second by Councilman Powers, to approve Ordinance No. 2021-O-45. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - j.2nd Reading - Ordinance No. 2021-O-33 - Paige DeGrammont, requesting annexation of .24± acres of land located at 3501 Rock Oak Trail City Attorney Wolfe read the Ordinance into the record. Darren Lear, Development Services Director, provided a staff report and recommendation. Councilwoman O'Keefe asked how many residents were located in Red Fish Cove, Mr. Lear replied that this was the second home. Mayor Thomas opened the public hearing. Mayor Thomas said his question was the same as Councilwoman O'Keefes. Mayor Thomas closed the public hearing. A motion was made by Councilwoman O'Keefe, second by Councilwoman Power, to approve Ordinance No. 2021-O-33. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - k.2nd Reading - Ordinance No. 2021-O-34 - Paige DeGrammont, requesting an amendment to the Comprehensive Plan Future Land Use Map to include property located at 3501 Rock Oak Trail as Low Density Residential City Attorney Wolfe read the Ordinance into the record. Darren Lear, Development Services Director, gave a staff report and recommendation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman O'Keefe, second by Councilman Powers, to approve Ordinance No. 2021-O-34. The MOTION was APPROVED by the following vote: Page 8City of Edgewater Printed on 2/15/2022 October 4, 2021City Council Meeting Minutes Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - l.2nd Reading - Ordinance No. 2021-O-35 - Paige DeGrammont, requesting an amendment to the Official Zoning Map to include .24± acres of land located at 3501 Rock Oak Trail as R-3 (Single Family Residential) City Attorney Wolfe read the Ordinance into the record. Darren Lear, Development Services Director, provided a staff report and recommendation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman O'Keefe, second by Councilwoman Power, to approve Ordinance No. 2021-O-35. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - m.2nd Reading - Ordinance No. 2021-O-46 - An amendment to Comprehensive Plan to adopt a required Property Rights Element City Attorney Wolfe read the Ordinance into the record. Darren Lear, Development Services Director, provided a staff report and recommendation. Councilwoman Bennington asked for the reasoning behind the amendment; Mr. Lear responded that if this wasn't adopted, the City wouldn't be able to adopt any large scale amendments. Councilwoman Bennington clarified that she meant why do they need that in terms of property rights element; Mr. Lear answered that it was because the state said so. Councilwoman Powers stated that her first thought on it was that this was a good thing because it gave the property owner the right to develop their land; she also mentioned that the City had to have it in order to do what needs to be done with the comp plan. Mr. Lear pointed out that in terms of their meeting next week with Deering Park North, if those future land use amendments were initiated prior to July 1st, before the adoption of the property rights element, they could still go forward. Brief discussion ensued over why it was required by the State. A motion was made by Councilwoman O'Keefe, second by Councilwoman Power, to approve Ordinance No. 2021-O-46. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - Page 9City of Edgewater Printed on 2/15/2022 October 4, 2021City Council Meeting Minutes 9. BOARD APPOINTMENTS a.Economic Development Board - Councilperson Bennington's appointment due to the term expiration of Mike Kelley A motion was made by Councilwoman Bennington, second by Councilwoman Power, to reappoint Mike Kelley. 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 11. OFFICER REPORTS a.City Clerk Ms. Brown informed Council that October 18th-20th she would be at the Florida Association of City Clerks Conference in South Daytona; Ms. Brown announced that on Wednesday, she had a part time Records Clerk starting. She stated that some of Council may recognize the new Records Clerk as it was former Deputy City Clerk Lisa Bloomer. Ms. Brown notified Council that a new public records program called JustFoia was being implemented to help streamline the requests; Councilwoman O'Keefe asked if people were using it, Mr. Brown confirmed that they were. In terms of the Economic Advisory Board or any Advisory Boards; Ms. Brown let Council know that there will be training on The Sunshine Law, something that should be done yearly or every other year. She also spoke in defense of the two staff members involved, pointing out that they have never had a board before and did the right thing in tabling the matter until proper instruction was given. b.City Attorney City Attorney Wolfe notified Council that they had won the Edgewater Fire Rescue Association Litigation; stating that the time for the Associate to appeal had passed. He informed Council that he had filed a motion to attempt to recover the $6,266 in court costs; he proceeded to provide a brief breakdown of the requested costs. Councilwoman Bennington and Councilwoman O'Keefe agreed that it seemed like a reasonable amount. Mr. Wolfe informed Council that he had filed a motion to dismiss for the Ingles case, a Code Enforcement matter. Councilwoman O'Keefe asked Mr. Wolfe if that had happened yet, he answered that it hadn't and he would set the motions for a hearing. c.City Manager Page 10City of Edgewater Printed on 2/15/2022 October 4, 2021City Council Meeting Minutes Mr. Irby had nothing at this time but let Council know that they could reach out individually regarding public comments. Mayor Thomas complimented Council on not responding to negative comments. Councilwoman Power applauded Mr. Fox for staying calm earlier in the meeting. Councilman Powers informed everyone present that Mckennas was donating a percentage of their proceeds to the Southeast Volusia YMCA if they made it there before 9:00 p.m. 12. CITIZEN COMMENTS None at this time. 14. ADJOURN There being no further business to discuss, Mayor Thomas adjourned the meeting at 7:28 p.m. Page 11City of Edgewater Printed on 2/15/2022