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04-05-2021 - 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, April 5, 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 6:00 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 City Clerk Bonnie BrownAlso Present:3 - 2. APPROVAL OF MINUTES a.Regular Meeting - March 1, 2021 A motion was made by Councilwoman Bennington, second by Councilwoman O'Keefe, to approve the Minutes of March 1, 2021. 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 a.Presentation by James Moore Certified Public Accountants and Consultants on the Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 2020 b.Proclamation - Water Conservation Month c.Proclamation - Florida Food Waste Prevention Week 4. CITIZEN COMMENTS Libby Lavette, 1820 Hibiscus Drive, expressed her concern over the sewage infrastructure and its affect on wildlife conservation. Joe Sullivan, 2248 Grand Ave of Deland, with the Boys and Girls Club, discussed the statistics of the children involved with their program and the impact COVID had on the kids and the workers. Page 1City of Edgewater Printed on 9/14/2021 April 5, 2021City Council Meeting Minutes Peggy Sue, Director of the Boys and Girls Club, spoke about the perseverance of the members and the kids of the Edgewater club and expressed her gratitude for Sergeant Sara Pollard; she stated that an Edgewater Child had been chosen as the Youth of the Year. When asked by Mayor Thomas about how the City could help, she answered that any volunteers would be appreciated for tutoring. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA None at this time. 6. CITY COUNCIL REPORTS Councilwoman O'Keefe had nothing at this time. Councilman Powers had nothing at this time. Mayor Thomas stated that last month he had attended both the Roundtable and the Mayors conference with Mr. Irby; he discussed meeting with Councilman Danny Robbins, who did a ride along on a City garbage truck for a full shift; he, along with Councilman Powers, had attended a crime watch meeting in New Smyrna Beach; he met with Glen Storch in reference to Deering Park Center; he met with Mr. Irby and Samantha Bergeron in reference to the State of the City Address; he discussed a planned Facebook live to help answer some questions about the utility bills; he pushed for CDL drives to get a raise. Councilwoman Powers, via phone was inaudible. 7. CONSENT AGENDA A motion was made by Councilwoman O'Keefe, 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.Request to award and authorize the City Manager to execute a contract via a Purchase Order with Enviro-Tech of America, Inc. for Wastewater Control of Fats, Oils and Greases and Odors services per terms and conditions set forth in RFP 21-ES-003. b.Recommendation to award and authorize the City Manager to execute contracts to Carmeuse Lime and Stone, for Bulk Quicklime at the rate of $316.73 per ton, per terms and Conditions set forth in ITB-ES-08 c.Aqua Park Swimming pools fill assistance d.Request to Piggyback Volusia County’s bid for Fuel Purchases Page 2City of Edgewater Printed on 9/14/2021 April 5, 2021City Council Meeting Minutes e.Approval of the First Amendment to the JPA between City of Edgewater, City of New Smyrna Beach, City of Oak Hill and County of Volusia for Development of a Reasonable Assurance Plan for the Mosquito Lagoon f.Recommendation for award of contract for the South Ridgewood Avenue Water Main Extension to General Underground in the amount of $419,810.00 and authorize the City Manager to sign the necessary contract. g.Revision of Non-Ad Valorem Assessment (NAVA) Agreement with the Property Appraiser. h.Automated Merchant Services, Inc. agreement for additional services related to the service fee model of payment processing for non -Utility payments and replacement of card payment terminals. i.Banking Service agreement with SunTrust now Truist Bank j.Revision of Non-Ad Valorem Assessment (NAVA) Agreement with the Tax Collector. k.Professional Services Agreement Renewal -Building Official Services l.Grant Funding Agreement for Reclaimed Water Main Extension to Meadow Lake and Woodbridge Lakes Subdivisions 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a.2nd Reading - Ordinance No. 2021-O-02; The City of Edgewater requesting an amendment to the Comprehensive Plan Capital improvements Element (CIE) and the Capital Improvement Program (CIP). City Attorney Wolfe read the Ordinance into the record. Mr. Irby 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-02. 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-03: John Massey, requesting a Zoning Map Amendment for property located at 700 Massey Ranch Boulevard City Attorney Wolfe read the Ordinance into the record. Page 3City of Edgewater Printed on 9/14/2021 April 5, 2021City Council Meeting Minutes Mr. Irby provided no staff report as it was a second reading. Councilman Power advised that he had a voting conflict and would be abstaining from the vote. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman O'Keefe, second by Councilwoman Bennington, to approve Ordinance No. 2021-O-03. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington and Councilwoman O'Keefe 4 - Abstain:Councilman Powers1 - c.Resolution 2021-R-02 FWC Boat Ramp Grant - Correction of Scriveners Error 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 inquired if a Grant Writer had been hired; Mr. Irby clarified that they had been approved to hire someone but had not done so yet. Libby Lavette, 1820 Hibiscus Drive, wanted to bring attention to storm water treatment. Mayor Thomas closed the public hearing. A motion was made by Councilwoman O'Keefe, second by Councilman Powers, to approve Resolution No. 2021-R-02. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - d.Resolution 2021-R-03 Authorizing City Manager to Execute the Maintenance Memorandum of Agreement with Florida Department of Transportation to maintain the Multi-Use Trail on SR 442; FDOT Project #441132-1-52-01 and #441132-1-52-02. City Attorney Wolfe read the Resolution into the record. Mr. Irby provided a staff report and recommendation. Mayor Thomas opened the public hearing. Councilwoman O'Keefe expressed her desire to have a bench or flag pole dedicated to Mr. Visconti. Page 4City of Edgewater Printed on 9/14/2021 April 5, 2021City Council Meeting Minutes Mayor Thomas closed the public hearing. A motion was made by Councilwoman Bennington, second by Councilwoman Power, to approve Resolution No. 2021-R-03. 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-06: Opposing the Florida Legislature’s preemption of Municipal Home Rule powers. 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 on the origin of the recommendation, Mr. Irby confirmed it was the Florida League of Cities. Councilman Powers inquired if there was specific legislation that they're opposing, Mr. Irby stated that they were opposing most of them. Mayor Thomas closed the public hearing. A motion was made by Councilwoman O'Keefe, second by Councilman Powers, to approve Resolution No. 2021-R-06. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - 9. BOARD APPOINTMENTS a.Recreation & Cultural Services Board - Mayor Thomas' appointment due to the resignation of Jennifer Roesch. A motion was made by Councilwoman O'Keefe, second by Councilwoman Power, to appoint Zach Granger to the Recreation and Cultural Services Board. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - b.Firefighter’s Pension Board of Trustees - Councilman Powers appointment due to the resignation of Jason Haynes. A motion was made by Councilman Powers, second by Councilwoman Bennington, to appoint Herbert Epstein to the Firefighters Pension Board. The MOTION was APPROVED by the following vote: Page 5City of Edgewater Printed on 9/14/2021 April 5, 2021City Council Meeting Minutes Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - c.Environmental Advisory Board - City Council’s initial appointments to the Environmental Advisory Board. Councilwoman Bennington asked if the bylaws for the Environmental Advisory Board had already been established, Mr. Irby stated that it had not been done yet. Libby Lavette, 1820 Hibiscus Drive, expressed her displeasure over a conflict with a disconnected phone number. Discussion ensued over Ms. Lavettes place on the board. A motion was made by Councilwoman Bennington, second by Councilwoman Power, to appoint Alice Giulliani and Rachel Conklin to one year terms; Kim Rockburn, Susan Ackley and Peggy Tanner to two year terms and Laura Albert and Sarah Cushing to three year terms. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington and Councilman Powers4 - No:Councilwoman O'Keefe1 - 10. OTHER BUSINESS a.Settlement of Marina Project lawsuit and appeal City Attorney Wolfe provided a staff report and recommendation. A motion was made by Councilwoman Bennington, second by Councilwoman O'Keefe, to approve the settlement agreement, release and authorization of the signature by the Mayor with the revision as to the description of the Boston Road right of way. 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 advised that Ethics Training and the Institute for Elected Municipal Officials were coming up, if Council would like to attend; Ms. Brown stated that there was a meeting invite sent out about a Habitat for Humanity groundbreaking; Ms. Brown reminded Council that there was a special meeting approaching concerning Deering Park. b.City Attorney City Attorney Wolfe had nothing at this time. Page 6City of Edgewater Printed on 9/14/2021 April 5, 2021City Council Meeting Minutes Mayor Thomas commended Mr. Wolfe on a job well done. c.City Manager Mayor Thomas spoke about the State of the City address, giving credit to Samantha Bergeron and Brenda Dewees for their help. Mr. Irby discussed the growth and statistics of the City; local businesses and their closures; the upcoming job study and the struggle to get CDL drivers. 12. CITIZEN COMMENTS Libby Lavette, 1820 Hibiscus Drive, discussed the sewage infrastructure and possible devices to help get ahead of any future issues. 14. ADJOURN Mayor Thomas adjourned the meeting at 7:23 p.m. Page 7City of Edgewater Printed on 9/14/2021 FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE Powers Jonah City Council MAILING ADDRESS THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON 3317 Unity Tree Drive WHICH I SERVE IS A UNIT OF: id CITY ❑ COUNTY ❑ OTHER LOCAL AGENCY CITY COUNTY NAME OF POLITICAL SUBDIVISION: City of Edgewater Edgewater VOlusia DATE ON WHICH VOTE OCCURRED April 5, 2021 MY POSITION IS: d ELECTIVE Cl APPOINTIVE WHO MUST FILE FORM 813 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2) CE FORM 81B - EFF. 1112013 PAGE 1 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: You must disclose orally the nature of your conflict in the measure before participating. You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST Jonah Powers , hereby disclose that on April 5 20 21 (a) A measure came or will come before my agency which (check one or more) inured to my special private gain or loss; _ inured to the special gain or loss of my business associate, _ ' inured to the special gain or loss of my relative, � & A h c ° "- inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of i'— 1 o.w is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: by which yv\ er - ,r_ law i5 N sb tcVt' der If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. l044 4L Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 11/2013 PAGE 2 Adopted by reference in Rule 34-7.010(1)(1), F.A.C.