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12-07-2020 - 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, December 7, 2020 IMMEDIATELY FOLLOWING THE SPECIAL COUNCIL MEETING 1. CALL TO ORDER and ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION Mayor Thomas called the meeting to order at 6:05 p.m. Mayor Mike Thomas, Councilwoman Megan O'Keefe, Councilwoman Gigi Bennington, Councilman Jonah Powers, and Councilwoman Christine Power Present:5 - City Manager Glenn Irby, City Attorney Aaron Wolfe, and City Clerk Bonnie BrownAlso Present:3 - 2. APPROVAL OF MINUTES None at this time. 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS None at this time. 4. CITIZEN COMMENTS Ella Rollins, 1515 Travelers Palm Dr and Alexis Mondel, 1418 Pine Tree Dr, - Apologized for an incident at a local park and stated that they would be willing to do some type of community service to show their remorse for their actions and their appreciation for said local park. Mayor Thomas asked for clarification of the event, to which the girls explained that they had written their initials in wet cement. Council then discussed the ramifications of the girls actions and how they can possibly prevent future incidents and educate their peers. Josh Rollins, 1515 Travelers Palm Dr, - At the request of Councilwoman O'Keefe, Mr. Rollins addressed the council to discuss his daughters participation in defacing the park and the consequences of their actions now and in the future. Karen Mondel, 1418 Pine Tree, -Grandmother to Alexis Mondel claimed responsibility for not properly informing Alexis about where one is allowed to leave initials in cement. She then addressed the punishments the girls were faced with (a program as well as a fine). Chief Mahoney then discussed the process to rescind the trespassing from the park, with the City Manager ultimately having that authority. He then went on to explain that the program was actually a civil citation where they are not criminally prosecuted but Page 1City of Edgewater Printed on 6/14/2021 December 7, 2020City Council Meeting Minutes they face community service and restitution. He also stated that he is working with Parks and Recreation to see if there is a possibility of reducing the fine. Councilwoman O'Keefe and Chief Mahoney discussed the community service hours and the reasoning behind the costs, as well as the vandalism in the local parks. She then brought up the possibility of an outreach program to help educate local youths in the community. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA Mayor Thomas stated that 8E will be discussed before 8D. Mr. Irby stated that under the Consent Agenda, item 7A will be pulled to discuss at a later date. 6. CITY COUNCIL REPORTS Mayor Thomas gave praise to the city employees as he brought attention to a city worker who was working in the rain during a hurricane, setting an example for his fellow employees. Councilwoman Power stated that she did not have a TPO meeting. She clarified that the call for projects is still going through and that there is going to be a meeting about that. Councilwoman Power then discussed how Team Volusia met virtually and that Pierson had been added to Team Volusia, with only Oak Hill and Ponce Inlet not participating. Mayor Thomas then asked for an update on the I-95 and 442 traffic light. Councilwoman Power advised that it is still a work in progress with more modifications to come as the project moves forward. Mayor Thomas then asked for the progress of Williamson, to which Councilwoman Power responded that it was also in progress. Councilwoman Bennington stated that she is glad to be back. Mayor Thomas asked Mrs. Brown if Ms. Yaney was on any boards, to which Mrs. Brown responded that it would be further in January, along with Vice Mayor. Councilwoman O'Keefe extended her congratulations to both Councilwoman Bennington and Councilman Powers. She also reminded the Council that the Wreaths Across America is at 11am on January 19th at the Edgewater Cemetery if anyone would like to attend. Councilman Powers expressed that he is looking forward to working with the Council. He also conveyed appreciation to the Police Department and the Staff that efficiently cleaned up Rotary Park after the recent vandalism. Mayor Thomas then stated that the next order of business is the electing of a Vice Mayor, and Mayor Thomas nominating Councilwoman Bennington for the position. Councilman Powers seconded the vote. There was further discussion over Mayor Thomas' nomination. A motion was made by Mayor Thomas, second by Councilman Powers, to elect Page 2City of Edgewater Printed on 6/14/2021 December 7, 2020City Council Meeting Minutes Councilwoman Bennington as Vice Mayor. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman O'Keefe, Councilwoman Bennington, Councilman Powers and Councilwoman Power 5 - 7. CONSENT AGENDA A motion was made by Councilwoman Bennington, second by Councilwoman Power, to approve the Consent Agenda excluding item 7a. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman O'Keefe, Councilwoman Bennington, Councilman Powers and Councilwoman Power 5 - a.Police Motorcycle Lease b.Request approval for purchase and installation of back -up generator package for City Hall complex. c.Wastewater Collection System Manhole Lining d.City Manager’s Compiled Performance Evaluation form and Goals for City Manager and City Clerk. e.Subrecipient Agreement between The City of Edgewater and the Boys and Girls Club of Volusia/Flagler Counties for Torch and Keystone Program. 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a.2nd Reading: Ordinance No. 2020-O-29 - Abraham Sanchez requesting annexation of .13± acres of land located at 122 Coleman Street. City Attorney Wolfe read the Ordinance into the record. Darren Lear, Development Services Director, provided a staff report. Mayor Thomas opened the public hearing. Councilwoman Bennington asked how many lots in that area are in the city limits and if the subject property is the first in the city limits, to which Mr. Lear confirmed that the subject lot is the first to annex. Mayor Thomas closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Ordinance No. 2020-O-29. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman O'Keefe, Councilwoman Bennington, Councilman Powers and Councilwoman Power 5 - Page 3City of Edgewater Printed on 6/14/2021 December 7, 2020City Council Meeting Minutes b.2nd Reading: Ordinance No. 2020-O-30 - Abraham Sanchez requesting an amendment to the Comprehensive Plan Future Land Use Map to include .13± acres of land located at 122 Coleman Street as Medium Density Residential. City Attorney Wolfe read the Ordinance into record. Darren Lear, Development Services Director, provided a staff report. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman O'Keefe, second by Councilwoman Power, to approve Ordinance No. 2020-O-30. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman O'Keefe, Councilwoman Bennington, Councilman Powers and Councilwoman Power 5 - c.2nd Reading - Ordinance No. 2020-O-32 General Employees’ Pension Plan Changes City Attorney Wolfe read the Ordinance into the record. City Attorney Wolfe provided a staff report and recommendation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Bennington, second by Councilwoman Power, to approve Ordinance No. 2020-O-32. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman O'Keefe, Councilwoman Bennington, Councilman Powers and Councilwoman Power 5 - d.2nd Reading - Ordinance No. 2020-O-27: Glenn D. Storch requesting an amendment to the Official Zoning Map for 25.592± acres of land located at 3850 South Ridgewood Avenue. City Attorney Wolfe read the Ordinance into the record. Darren Lear, Development Services Director, provided a staff report. Mayor Thomas opened the public hearing. Councilman Powers inquired about the amount of units that can be held at the US-1 storefront, to which Joey Posey answered that at the least, there are expected to be (3) three small buildings with a few units but it's ultimately going to be driven by the market. Mayor Thomas then asked how many square feet it was going to be in total, to which Mr. Lear answered that it was 22,700. Page 4City of Edgewater Printed on 6/14/2021 December 7, 2020City Council Meeting Minutes Mayor Thomas closed the public hearing. A motion was made by Councilwoman O'Keefe, second by Councilwoman Power, to approve Ordinance No. 2020-O-27. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman O'Keefe, Councilwoman Bennington, Councilman Powers and Councilwoman Power 5 - e.2nd Reading - Ordinance No. 2020-O-31: Glenn D. Storch requesting an amendment to the Comprehensive Plan Future Land Use Map for 2.663± acres of land located at 3850 South Ridgewood Avenue. City Attorney Wolfe read the Ordinance into the record. Darren Lear, Development Services Director, provided a staff report. Mayor Thomas opened the public hearing. Mayor Thomas clarified that this is a boat and recreational vehicle storage facility that the community seems to be in dire need of. Joey Posey, 420 S. Nova Rd, Attorney for the applicant, let Council know that he is there if there are any questions or concerns. Mayor Thomas asked Mr. Posey to deliver a message to Mr. Storch referring to the acreage of green left at the Deering Park Development. Mayor Thomas Closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Ordinance No. 2020-O-31. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman O'Keefe, Councilwoman Bennington, Councilman Powers and Councilwoman Power 5 - f.2nd Reading - Ordinance No. 2020-O-33 Police Pension Changes City Attorney Wolfe read the Ordinance into the record. City Attorney Wolfe provided a staff report and recommendation. Mayor Thomas opened the public hearing. Mayor Thomas asked if they had the percent per year and the minimum years served in order to get the pension. Chief Mahoney stated that the multiplier per year is 3% and that they vest at (5) five years, with retirement available at 20 years. Mayor Thomas closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Ordinance No. 2020-O-33. The MOTION was APPROVED by the following vote: Page 5City of Edgewater Printed on 6/14/2021 December 7, 2020City Council Meeting Minutes Yes:Mayor Thomas, Councilwoman O'Keefe, Councilwoman Bennington, Councilman Powers and Councilwoman Power 5 - g.1st Reading - Ordinance No. 2020-O-34 - Firefighters Pension Plan City Attorney Wolfe read the Ordinance into the record. City Attorney Wolfe provided a staff report and recommendation. Mayor Thomas opened the public hearing. Mayor Thomas asked for clarification of the terms for the pension plan, response inaudible. Mayor Thomas closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Ordinance No. 2020-O-34. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman O'Keefe, Councilwoman Bennington, Councilman Powers and Councilwoman Power 5 - h.2nd Reading - Ordinance No. 2020-O-37 - Amending and restating Chapter 19 (Utilities and Services), Article V (Solid Waste Collection and Disposal) Division 1 (Generally) and Division 2 (Recyclable Materials) due to scriveners errors City Attorney Wolfe read the Ordinance into the record. Mr. Irby provided a staff report and recommendation. Mayor Thomas confirmed that errors had been corrected. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman O'Keefe, second by Councilwoman Power, to approve Ordinance No. 2020-O-37. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman O'Keefe, Councilwoman Bennington, Councilman Powers and Councilwoman Power 5 - i.1st Reading - Ordinance No. 2020-O-38: Roy-Travis Hanan requesting annexation of 3.42± acres of land located south of 3042 South Ridgewood Avenue. City Attorney Wolfe read the Ordinance into the record. Darren Lear, Development Service Director, provided a staff report. Mayor Thomas opened the public hearing. Councilwoman O'Keefe asked if this was where the proposed Perrine's store as well as a gym were Page 6City of Edgewater Printed on 6/14/2021 December 7, 2020City Council Meeting Minutes supposed to go. Mr. Lear made note that he had heard that as well. Mayor Thomas closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Ordinance No. 2020-O-38. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman O'Keefe, Councilwoman Bennington, Councilman Powers and Councilwoman Power 5 - j.2nd Reading - Ordinance No. 2020-O-39: Roy-Travis Hanan requesting an Amendment to the Comprehensive Plan Future Land Use Map to include 3.42± acres of land located south of 3042 South Ridgewood Avenue as Commercial with Conservation Overlay. City Attorney Wolfe read the Ordinance into the record. Darren Lear, Development Service Director, provided a staff report. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman O'Keefe, second by Councilwoman Power, to approve Ordinance No. 2020-O-39. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman O'Keefe, Councilwoman Bennington, Councilman Powers and Councilwoman Power 5 - k.2nd Reading - Ordinance No. 2020-O-40: Roy-Travis Hanan requesting an Amendment to the Official Zoning Map to include 3.42± acres of land located south of 3042 South Ridgewood Avenue as B-3 (Highway Commercial). City Attorney Wolfe read the Ordinance into the record. Darren Lear, Development Services Director, provided a staff report. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Ordinance No. 2020-O-40. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman O'Keefe, Councilwoman Bennington, Councilman Powers and Councilwoman Power 5 - l.2nd Reading - Ordinance No. 2020-O-41: The City of Edgewater requesting an amendment to the Comprehensive Plan Future Land Use Map to change 2.2± acres of land located south of 33rd and 34th Streets and east of India Palm Drive from Commercial with Conservation Overlay to Medium Density Residential with Conservation Overlay. City Attorney Wolfe read the Ordinance into the record. Page 7City of Edgewater Printed on 6/14/2021 December 7, 2020City Council Meeting Minutes Darren Lear, Development Services Director, provided a staff report. Mayor Thomas opened the public hearing. Mayor Thomas asked for clarification on the details of the staff report in relation to the existing homes, Mr. Lear responded that the homes would be going from commercial to multi-family residential homes. Mayor Thomas closed the public hearing. A motion was made by Councilwoman O'Keefe, second by Councilwoman Power, to approve Ordinance No. 2020-O-41. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman O'Keefe, Councilwoman Bennington, Councilman Powers and Councilwoman Power 5 - m.2nd Reading - Ordinance No. 2020-O-42: The City of Edgewater requesting an amendment to the Official Zoning Map to change 2.2± acres of land located south of 33rd and 34th Streets and east of India Palm Drive from B-2 (Neighborhood Business) to R-4 (Multi-Family Residential). City Attorney Wolfe read the Ordinance into the record. Darren Lear, Development Services Director, provided a staff report. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Ordinance No. 2020-O-42. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman O'Keefe, Councilwoman Bennington, Councilman Powers and Councilwoman Power 5 - n.Resolution No. 2020-R-37; December Amended Budget for Fiscal Year 2020-2021. 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. Mayor Thomas asked if all items discussed in the staff report are budget amendments, to which Ms. Vaissiere confirmed that all of the items are. Councilwoman Power clarified with Ms. Vaissiere that because of the Cares Act, the city was able to get funds from the county totaling a sum of $832,200.91. Page 8City of Edgewater Printed on 6/14/2021 December 7, 2020City Council Meeting Minutes Mayor Thomas asks that in the future, the budget amendments be given to Council via a paper copy. Mayor Thomas closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Resolution No. 2020-R-37. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman O'Keefe, Councilwoman Bennington, Councilman Powers and Councilwoman Power 5 - 9. BOARD APPOINTMENTS a.Planning and Zoning Board - Councilwoman Power ’s appointment due to the expired term of George Kennedy, who is seeking reappointment. Mayor Thomas asked for an update on the Environmental Board. City Manager Irby stated that there will be further discussions in January but there are a sufficient amount of applicants and that they will be doing background checks on them. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to reappoint George Kennedy to a three-year term. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman O'Keefe, Councilwoman Bennington, Councilman Powers and Councilwoman Power 5 - 10. OTHER BUSINESS a.SD-2002 - Vincent Alison requesting Preliminary Plat approval for Elegant Manor Estates Darren Lear, Development Services Director, provided a staff report. Mayor Thomas asked for details pertaining to location, drainage, and trees. Rick Dixon, 102 S Orange St, project engineer stated that there was (1) one historic oak in the middle of the subdivision that they were able to save. Councilwoman Powers asked if this was the area that is supposed to get a (4) four way stop, further discussion ensued about the safety improvements being made. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve the Elegant Manor Estates Preliminary Plat. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman O'Keefe, Councilwoman Bennington, Councilman Powers and Councilwoman Power 5 - b.SA-2006 - Southeast Volusia Family YMCA requesting fee waiver and authorization Page 9City of Edgewater Printed on 6/14/2021 December 7, 2020City Council Meeting Minutes for alcohol sales in a City Park for a Special Activity to be held on December 18, 2020. Mr. Irby provided the staff report. Mayor Thomas asked what type of alcohol would be provided at the event, Mr. Irby stated that it would be beer and wine. Mayor Thomas had reservations towards the sale of alcohol at a kids movie. Councilwoman O'Keefe stated she was concerned about the liability towards the city. Councilwoman Power indicated that if people were to pay the fee to enter, there's a chance they'll bring their own. Councilman Powers pointed out that there is an ordinance that prohibits alcohol. Council Discussed the other possible ways to raise money. Kristen Pottery-Stancil, representing the YMCA, stated that there have been previous events at other YMCA'S that allowed the sale of alcohol. Councilwoman O'Keefe is concerned about the possibility of people driving home after the purchase of alcohol. Council further discussed the allowing of alcohol at the event and how it would possibly be a hindrance to the event and safety of citizens. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to waive the $100 Special Activity Permit Fee and the $200 amphitheater rental fee and not to authorize the sale of alcohol in a City park. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman O'Keefe, Councilwoman Bennington, Councilman Powers and Councilwoman Power 5 - 11. OFFICER REPORTS a.City Clerk Ms. Brown expressed her gratitude for her reinstatement as City Clerk. Ms. Brown advised the Council that she ordered business cards for those that needed them; the scheduling of the Council group photo and shirt orders. Ms. Brown, reminded Council that there will be the special meeting for the Aldi appeal, followed by a regular meeting on January 11th. b.City Attorney City Attorney Wolfe provided an update on the Fire Association Litigation; Marina Litigation; Constance Schaffer Case; a new case filed by Debra Richards; and an update on the Wallace Hopper Case. In connection with the Marina Litigation, Mayor Thomas had a question about a complaint he received and how the end result of the litigation could possibly impact the answer. c.City Manager Page 10City of Edgewater Printed on 6/14/2021 December 7, 2020City Council Meeting Minutes Mr. Irby discussed that after he was approached by a member of the council about possibly doing a goal setting session, he reached out to the UCF Institute of Government to see if they would facilitate that. Mr. Irby then stated that he would have a full list of the services offered by UCF around January or February if Council is interested. There was further discussion in which Council agreed that more detail was needed. Mr. Irby provided an update on the City's homeless population. He then said that the Police Chief has advised officers to patrol at times that there seems to be the most activity. He brought up that one possible solution discussed was the installation of more lights as a possible deterrent, barring the possible complaints from residents. Councilwoman O'Keefe inquired about resources for the homeless in an effort to get them off the streets. Council proceeded to discuss the effectiveness of the police presence as well as the addition of lights. Mr. Irby spoke about how the City of Edgewater piggybacked on the City of Naples contract for Environmental Tech of America out of Cape Coral to provide a waste water system, grease and odor control in the City's collection system as well as pump stations, forcemains, and the waste water treatment facility. He stated that the initial contract was for a (3) year term ending on September 30th 2020, and that at present, the City does not have a contract with Environment Tech of America. Mr. Irby indicated that staff recommended bidding the service but also recommended continuing the contract until bid results are known. Mr. Irby then went on to discuss the ramifications of not contracting with Environmental Tech of America, followed by further discussion with Council over the topic. Mr. Irby brought to attention that the stationary Christmas parade is on Saturday, December 12th, at Whistle Stop Park. Mr. Irby then asked the Council where they would like to be stationed in the parade. Councilwoman Power stated that she may be unable to attend. Mr. Irby provided details about how COVID impacted the delivery of mechanical items, including the City's firetruck but that it should be delivered by the end of the month. Mr. Irby delivered the news that the annual employee breakfast had been cancelled. He then stated that staff suggested giving employees a $15 Publix gift certificate instead, pending Councils approval. 12. CITIZEN COMMENTS Ashton Sigler, 725 W Canal St, stated that the homeless issue is also relevant in New Smyrna Beach and that there is a workshop at the Brannon Center pertaining to the transient community and affordable housing. Chuck Martin, 205 Cherrywood Lane, conveyed his appreciation for Councilman Powers, Councilwoman Bennington and Mayor Thomas positions on the Council and their decisions. 14. ADJOURN Page 11City of Edgewater Printed on 6/14/2021 December 7, 2020City Council Meeting Minutes Mayor Thomas expressed his excitement over the boat ramp. Mayor Thomas adjourned the meeting at 7:50 p.m. Page 12City of Edgewater Printed on 6/14/2021