Loading...
12-06-2021 - 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, December 6, 2021 1. CALL TO ORDER and ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION Mayor Thomas called the meeting to order at 6 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 None at this time. a.Regular Meeting - May 3, 2021 A motion was made by Councilwoman O'Keefe, second by Councilman Powers, to approve the Minutes of May 3, 2021. 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 - June 7, 2021 A motion was made by Councilwoman O'Keefe, second by Councilwoman Power, to approve the Minutes of June 7, 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 4. CITIZEN COMMENTS Jim Cameron, 335 Bucknell Drive, formerly with the Chamber of Commerce, asked Council to check out his newsletter to gain information about upcoming meetings and things going on with the legislature, especially with the legislative sessions starting up January 11th. He said Council is welcome to give him a call if they have any questions. Chad Mcdaniel, 2410 Unity Tree Drive, wanted to get Councils approval about opening a gun range in Edgewater with his friend. He stated that it is still in the beginning stages and he had spoken to the Page 1City of Edgewater Printed on 4/8/2022 December 6, 2021City Council Meeting Minutes City Engineer who instructed him to go to the Police Department and Council to gain approval. When prompted by Councilwoman Bennington over the location of the possible gun range, Mr. Mcdaniel said that they hadn't found a place for it yet as they wanted to get approval within the City before they started looking at real estate. Mayor Thomas advised that the biggest obstacle in getting approval was going to be the location and that they wouldn't be able to approve it tonight. Mr. Mcdaniel assured Council that he wasn't looking for their approval currently; he just wanted to know what he needed to get to present to Council in the future. Councilwoman O'Keefe suggested that Mr. Mcdaniel was possibly looking for a consensus from the Council to see who would be on board for a possible gun range. Mr. Irby told Mr. Mcdaniel to get in touch with Community Development to set up a meeting to further discuss. Cynthia Black, 2923 Umbrella Tree Drive, stated that she was happy to see the menzi out working pretty hard but she would like to see something done about the shoulder falling in as it's getting worse. She mentioned the fertilizer ban the City had in place to protect the canals from algae running off into the Indian River and that if the City allows backyard chickens, the manure will affect the algae blooms more than fertilizer as the manure has a higher nitrogen content. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA Mayor Thomas requested that item 10a be pulled until the January 10th meeting. Councilwoman Power wants to move item 10b to just after the consent agenda. 6. CITY COUNCIL REPORTS Councilwoman Bennington reported that Farmton had a BBQ for Council to meet all the people involved and it was really nice. She had attended the Southeast Volusia Manufacturing and Technology Coalition, something that she found very interesting. Councilwoman O'Keefe reported that she had gone to the League of Cities dinner in Port Orange, the second one she had been able to go to because of Covid. Donald Burnette was no longer the president of the organization, Lois from Ponce Inlet was taking over. She had participated in the New Smyrna Beach parade and it was as beautiful as always with the most attendees she had ever seen. She had attended the Pearl Harbor remembrance and it was wonderful. Sheriff Chitwood had spoken, Danny Robbins was in attendance and the Girl Scouts had presented the colors. Councilman Powers reiterated an announcement that Team Volusia had made back in November about a new business in Parktowne called Interface Welding that has an annual payroll of $1,000,000; he knew a lot of the City staff had worked on the project and that it was a great accomplishment. Page 2City of Edgewater Printed on 4/8/2022 December 6, 2021City Council Meeting Minutes Councilwoman Power reported that the executive director search for the TPO was officially underway. Councilwoman O'Keefe commented on the process, asking if it was a national search. Councilwoman Power confirmed that it was and that the advertising went until the 26th of December; with the applicants being vetted hopefully after the 1st of the year. Councilwoman Bennington pointed out that Councilwoman Power had also attended the Southeast Volusia Manufacturing and Technology Coalition. Councilwoman Power informed Council that she would be unable to attend the Wreaths Across America Ceremony on the 18th of December. Mayor Thomas reported that he had attended the Farmton BBQ, noting that Councilman Danny Robbins was there. Councilwoman O'Keefe added that the BBQ was the reason some of Council had been unable to attend the League of Cities dinner as they were both on the same night. Mayor Thomas had called Glenn Storch and discovered that the League had changed the day, causing it to coincide with a few different events. Mayor Thomas touched on the Farmton BBQ again, stating it was really good. Councilwoman Power mentioned she had been able to go toward the end with her son and had met Bobby Lee and his family. Mayor Thomas brought up a former complaint he had mentioned at a previous meeting about worms in a residents driveway; stating that a berm had been built to prevent water from going onto her property but the resident had torn it down. He received another complaint about the Truck Center burning without a permit causing smoke to drift over into Coral Trace but an arrest had been made and the burning had been stopped. Mayor Thomas shared compliments he had received from a resident about how beautiful they thought Whistle Stop park is and how hard the employees work to keep it that way. He wanted to extended praise to the workers for doing that. Councilwoman O'Keefe mentioned that she had seen Mr. Visconti at the Pearl Harbor Remembrance and he had said that he missed seeing Council terribly and she had missed seeing him attend meetings as well. He is unable to attend meetings but if any of Council is ever in the area, he'd love a visit from them. Councilwoman O'Keefe added that Mr. Visconti had given a speech at the Remembrance. 7. CONSENT AGENDA A motion was made by Councilwoman Bennington, second by Councilwoman Power, 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.City Manager and City Clerk’s Compiled Performance Evaluation forms with Goals. Page 3City of Edgewater Printed on 4/8/2022 December 6, 2021City Council Meeting Minutes b.Second Addendum to the Agreement for Professional Veterinary, Shelter Operations and Management Services of the Animal Shelter c.Request by Parks & Recreation Department for Approval to Purchase Toro Dingo TX 1000 Wide Track Loader d.Easement Agreement with Florida Power & Light for the Installation of New LED Park Lighting at George R. Kennedy Memorial Park & Boat Ramp e.Edgewater United Methodist Church requesting waiver of the Special Activity Permit application fee for their annual “Christmas Under the Palms” event on December 11, 2021 f.Theresa Cameron, applicant, is requesting a Special Activity permit application fee waiver on behalf of Indian River Elementary for the “Heart of a Manatee” 5K Run special event. b.Classification and Compensation Study Recommended Implementation Mr. Irby stated that Julie Christine, Human Resources Director, was prepared to speak and that a representative from MAG is available via phone if there are questions. Mr. Irby provided a staff report and recommendation. Mayor Thomas stated that he thought they had went over everything in the workshop but asked if Council had questions; there were none so he opened the public hearing. David Williams, representative of the PBA for the Police department, wanted to recognize the City for looking at their employees, especially the police department employees and seeing the need for wage adjustments; making note of the time and effort to remedy the wage problem. He extended his appreciation to everyone for taking on the task. Mayor Thomas commented that he had heard Edgewater was one of the 3rd or 4th highest paid Cities in the County but Mr. Irby clarified that they were not. Councilwoman O'Keefe asked if he meant across the board or just the Police Department, Mr. Irby clarified that they were talking about the Police Department's ranking and that it was not correct. Ms. Christine said that per the salary survey that she had conducted; there are four (4) other cities in front of the City of Edgewater in that ranking. Mayor Thomas said that it was still a good ranking, with Councilwoman Power pointing out that there was a difference between working in Daytona Beach and working in Edgewater. Mayor Thomas thanked Police Chief Joe Mahoney for doing an excellent job. Councilwoman Bennington felt as though all of the employees needed this, Mayor Thomas agreed and expressed that he's very happy they could do this. Council thanked the employees for doing a good job and Councilwoman Bennington commended the sanitation department for doing Page 4City of Edgewater Printed on 4/8/2022 December 6, 2021City Council Meeting Minutes a really good job as well A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Classification and Compensation Study with implementation occurring the first full pay cycle in January (January 9, 2022 - January 22, 2022; pay date January 27, 2022).. 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 a.2nd Reading - Ordinance No. 2021-O-42 - Charles Lynch Jr. requesting annexation of .32± acres of land located at 155 N. 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 O'Keefe, to approve Ordinance No. 2021-O-42. 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-43 - Charles Lynch Jr., requesting an amendment to the Future Land Use Map to include .32± acres of land located at 155 N. 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-43. 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-44 - Charles Lynch Jr, requesting an amendment to the Official Zoning Map to include .32± acres of land located at 155 N. 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. Page 5City of Edgewater Printed on 4/8/2022 December 6, 2021City Council Meeting Minutes 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-44. 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-46 - An amendment to Comprehensive Plan to adopt a required Property Rights Element City Attorney Wolfe read the Ordinance into the record. There was no staff report as this was the second reading. Mayor Thomas opened the public hearing. Cynthia Black, 2923 Umbrella Tree Drive, asked if the property rights elements could be explained. Mr. Irby said that Don Burnette, the mayor of Port Orange said it best in the Hometown News; the City already does this, it is realized and recognized at the Staff level and at the Council level that property owners have certain inalienable rights to do with their property what is lawful to do with their property. The Florida Legislators are just making it official by requiring the City to put it in their Comprehensive Plan whereas before, it was unnecessary. As Mr. Burnette said in the hometown news, it is an overreach of the State Government into the rights of local Government so it just points out what the rights are as the property owner. Ms. Black clarified that there were still codes but residents will have certain rights; Mr. Irby confirmed that they always had and that nothing had changed, it was just a memorialization of property rights. A motion was made by Councilwoman O'Keefe, second by Councilman Powers, 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 - e.2nd Reading - Ordinance No. 2021-O-14 - James Hodges, requesting annexation of 14.47± acres of land located east of U.S. 1 and south of Boston Whaler City Attorney Wolfe read the Ordinance into the record. Darren Lear, Development Services Director, provided a staff report and recommendation. Mayor Thomas opened the public hearing. Mayor Thomas asked what the plan was for the property, Mr. Lear answered that it was to be used for boat and RV storage. Page 6City of Edgewater Printed on 4/8/2022 December 6, 2021City Council Meeting Minutes Councilwoman Power asked if there would be buildings involved, referencing the size of Barracuda Boat and RV storage located off of Park Avenue. Mr. Lear said it would be bigger; Councilwoman Power clarified that she meant what class of storage facility it was going to be because it would be nice if it was not unattractive as far as the frontage goes. Mr. Lear pointed out that there was the Article XX which is the overlay standards for US 1 so it would not be unattractive. Councilwoman Power felt that it would be a good buffer for Boston Whaler, the Mayor agreed. A motion was made by Councilwoman O'Keefe, second by Councilwoman Bennington, to approve Ordinance No. 2021-O-14. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - f.2nd Reading - Ordinance No. 2021-O-15 - James Hodges, requesting an amendment to the Future Land Use Map to include 14.47± acres located east of U.S. 1 and south of Boston Whaler as Industrial with Conservation Overlay 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 Bennington, to approve Ordinance No. 2021-O-15. 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-16 - James Hodges, requesting an amendment to the Official Zoning Map to include 14.47± acres located east of U.S. 1 and south of Boston Whaler as I-1 (Light Industrial) 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 Bennington, to approve Ordinance No. 2021-O-16. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - h.1st Reading - Ordinance No. 2021-O-49: Amending Chapter 5 (Animal Services) of the Code of Ordinances regarding Urban Backyard Chickens. City Attorney Wolfe read the Ordinance into the record. Page 7City of Edgewater Printed on 4/8/2022 December 6, 2021City Council Meeting Minutes City Manager Irby provided a staff report and recommendation. Mayor Thomas opened the public hearing. There was a brief discussion over the three (3) minute threshold for speakers. Cindy Black, 2923 Umbrella Tree Drive, stated that backyard chickens are a nuisance as they come with many problems and that everyone looks at the positives but not the negatives. Once they stop laying eggs people may start abandoning the chickens who then end up in the shelters and on the streets. She added that salmonella is a concern as well as the 365 pounds of manure per four (4) chickens per year which will end up in the canals. There are also noise and pest problems that come with chickens and roosters. Ms. Black asked Mr. Irby about the regulations that would be required if chickens were allowed; specifically if the property would have to be homesteaded because County does require it. Mr. Irby deferred to Fire Chief Jeff Lariscy who advised that it had to be owner occupied. Ms. Black said another requirement for the county was getting written approval from neighbors before chickens were permitted. Ms. Black referred to a letter that she had written to Council concerning the backyard chickens. Kalan Taylor of University of Florida's IFAS Extension, provided information on the County rules, the class that UF offers and the resources that they provide. Ms. Taylor clarified that she is not there to be for or against backyard poultry, she just wanted to provide education. In regards to County regulations; it is a single family residence R1 through R6, MH 6 and the lot size is about a quarter of an acre. A question they get a lot in their office is the size of the residents lot; so she recommends that they be clear on that. The limitations for the County are five (5) chickens but no roosters, which can be a problem as it can be hard to tell the difference between the two when you're initially buying the chicks. A resident can only have the chickens for personal use; they cannot be bred commercially or harvested on an individuals property. A conditional use permit must be obtained before owning chickens; something that has caused issues in the past. There are specifications for obtaining a permit; the application fee is $134 dollars, a course must be taken, and adjacent property owners must be notified via certified mail. The County does have parameters in regards to owning chickens; chickens must be contained in a coop and manure must be kept in a fly tight bin, not simply hosed away. Ms. Taylor gave a brief summary of the course the County requires. Councilwoman Bennington said her concern was the City's ability to enforce the rules for chickens. She had spoken with Fire Chief Jeff Lariscy who had agreed with her on the matter; it is virtually impossible and no one wants chickens running around the streets. She believes that chickens should be held in an agricultural zone; not residential. Regarding her prior concern; if they do permit chickens, how will they know that people are following the rules on the amount of chickens and keeping up with the care of the chickens. It could exponentially turn into a bigger problem. Page 8City of Edgewater Printed on 4/8/2022 December 6, 2021City Council Meeting Minutes Councilwoman O'Keefe confirmed with Mr. Irby that residents would indeed need a permit; some residents in Edgewater already have chickens and she has seen where they have been taken away because they aren't allowed within City limits. Councilwoman O'Keefe had a letter from the Mayor of New Smyrna Beach, where chickens are allowed anywhere. Councilwoman Bennington interjected that just because New Smyrna Beach does it, doesn't mean Edgewater has too as well. Councilwoman O'Keefe said that a lot of surrounding cities have them as well. Councilwoman Bennington stated again that she did not believe there was a way to enforce the rules or check each chicken coop to make sure it's up to code, adding that she's lived in Edgewater since 1976 and she doesn't want to see chickens. Councilwoman O'Keefe said that Councilwoman Bennington was entitled to her opinion and had made some good points. She said that the City of New Smyrna Beach's Council had the same concerns and read the formerly mentioned letter from their Mayor regarding their allowance of chickens. Councilwoman Power said she knew that chickens were already in Edgewater but she felt as though the residents who had said chickens would be unhappy with the Ordinance because they would then have to comply with the rules. She would rather have the quiet backyard chickens where the owners were smart about it and kept them as hidden as possible. She referred to the previous discussion involving chickens that took place four (4) years ago; the gentleman who wanted the Ordinance to be amended changed his mind about it once he saw the regulations that would coincide. Councilman Powers started off by complimenting how well the Ordinance was written; it covered a lot of bases and was very detailed. His initial concern was how well the Ordinance could be followed because it was so well written and so many areas are covered; if it's not being followed in the way that they have put it into law, then that is ultimately a burden on Code Enforcement and Animal Control. His wife had grown up in a part of New Smyrna Beach that was unincorporated County and she would be the first person to go get chickens so he sees both sides. Enforcement is ultimately the biggest issue, animals act on primal instincts and get out through no fault of the owners sometimes. However his initial opinion was changed when he had staff reach out to New Smyrna Beach who have had no issues with chickens since allowing them. Councilwoman O'Keefe stated that you could have a chicken in Manhattan and she feels as though they shouldn't be able to tell people what they're allowed to do. Councilman Powers doesn't think that if they approve this, everyone is going to go out and get chickens. He asked how many Code Enforcement officers there were; Mr. Irby informed him that there were two (2); He then asked Chief Lariscy if there were already complaints for chickens. Chief Lariscy confirmed that they do indeed get complaints but there really isn't much they can do because they aren't going to chase them. The biggest problem is that there is no place to take the chickens once they're caught as the shelters won't take them with the exception of Southeast Volusia Humane Society who would take the chickens for a $35 fee. Councilwoman O'Keefe asked if they could make the residents get rid of the chickens; Chief Lariscy said they couldn't; they just ask them to get rid of them and the case gets closed as Page 9City of Edgewater Printed on 4/8/2022 December 6, 2021City Council Meeting Minutes unfounded. Chief Lariscy informed Council that they did remove the language for minimum lot sizes in the Ordinance because the size of the lots that you see in some Counties and jurisdictions, you would not see in Florida Shores because they're too small. Councilwoman O'Keefe said if they receive a complaint and can't take the chickens, at least they can inform the resident that they have just passed an Ordinance and that they have to take a class and get it under control. People are already doing it, this would be a way to get the resident to be responsible about the situation. Councilwoman Power stated that they could do that anyway. Mayor Thomas asked who in the room had raised chickens or hogs. He then said that chickens were some of the nastiest things he had ever seen in his life and if you want to have a chicken or a hog, move to the country. Johnny Lee, 1704 Edgewater Drive, said that something they might not have considered is that when you start putting chickens in the City, the coyotes that everyone is always worried about are going to come into the City more so than they do for the cats and the dogs. Councilwoman Bennington said that she had thought about that. Her whole point was, why pass a code that they didn't have the equipment or ability to enforce. Just because some are already in the City doesn't mean they should just allow it to continue. Councilwoman O'Keefe said she felt as though they were over thinking it, just because they allow it doesn't mean everyone is going to run out and get one. Councilwoman O'Keefe thanked Kalan Taylor for her time. Councilwoman Power stated the fact that the County has a minimum lot size in order to have chickens and such a thing doesn't exist in Florida Shores, speaks volumes. Councilwoman O'Keefe stated for the record that Chief Lariscy did state that he would not make residents remove their chickens and that Council said it was okay so it doesn't matter if it was passed or not. A motion was made by Councilwoman O'Keefe, second by Councilman Powers, to approve Ordinance No. 2021-O-898. The motion failed by the following vote: Yes:Councilwoman O'Keefe and Councilman Powers2 - No:Mayor Thomas, Councilwoman Power and Councilwoman Bennington3 - i.Resolution No. 2021-R-33: Establishing a Redistricting Committee City Attorney Wolfe read the Resolution into the record. Mr. Irby provided a staff report and recommendation. Page 10City of Edgewater Printed on 4/8/2022 December 6, 2021City Council Meeting Minutes Councilwoman Bennington stated that she thought it was a good thing; Mayor Thomas agreed. Mayor Thomas opened and Closed the public hearing. A motion was made by Councilwoman Bennington, second by Councilwoman Power, to approve Resolution No. 2021-R-33. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - j.Resolution No. 2021-R-34; December Amended Budget for Fiscal Year 2021-2022 City Attorney Wolfe read the Resolution into the record. Bridgette Vaissiere, Finance Department, 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 Bennington, to approve Resolution No. 2021-R-34. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - k.Resolution 2021-R-36 - Accepting a Florida Firefighter Cancer Decontamination Equipment Grant from Division of the State Fire Marshal. City Attorney Wolfe read the Resolution into the record. Mr. Irby provided a staff report and recommendation. Mayor Thomas opened the public hearing and asked Fire Chief Jeff Lariscy if the money was enough but the reply was inaudible. Mayor Thomas closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman Bennington, to approve Resolution No. 2021-R-36. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - l.Resolution 2021-R-37 for the Uniform Method of Collecting Non-Ad Valorem Special Assessments for Stormwater and Fire Services City Attorney Wolfe read the Resolution into the record. Mr. Irby provided a staff report and recommendation. Mayor Thomas opened the public hearing. Page 11City of Edgewater Printed on 4/8/2022 December 6, 2021City Council Meeting Minutes Councilwoman Bennington thought it was a great idea. She liked the idea of doing a fire study and had been saying for years that she had thought that everyone should pay their share for fire service, especially the ambulance. She also added that she thought stormwater should be taken off of the monthly utility bill and be added to the taxes as that will lower the bill. Mr. Irby did clarify that the ambulance services could not be included in the fire study. Councilwoman O'Keefe asked how this would work for individuals who do not pay taxes. Mr. Irby answered that everyone will pay something. He added that normally the property tax levee gets reduced a certain amount to assist, but he did not have specifics on that currently. Councilwoman Power stated that because people pay on their taxes for fire services, that amount would come down a little bit. She knows that the City is currently looking for another City to piggyback with on the fire service study, which would be helpful because only Lake Helen currently has a fire service fee. There was a brief discussion over if the County has a fire service fee. Fire Chief Jeff Lariscy informed Council that Volusia County Fire Service does indeed have a fire tax. For example, if you are a resident of Oak Hill, you will pay into a fire tax to the County. Councilwoman Bennington added that the advantage of this is that the earlier you pay your taxes, you get a discount so you would get a discount off your fire and stormwater service. Councilwoman Power said that this step is to move forward. Cindy Black, 2923 Umbrella Tree Drive, asked that this be done in two separate Resolutions; this way at least stormwater could be added to taxes as they had tried this before with stormwater and garbage and it had failed. She said that some people may want one and not the other. Mr. Irby asked if the way the Resolution was advertised would get in the way of doing this. Bridgette Vaissiere, Finance Director, answered that it was only done this way to keep the ball rolling in the right direction for both assessments, it does not mean that they have to approve both going forward. There is a separate study for the fire assessment and separate information and presentations on stormwater. They can be approved separately. Ms. Black asked if this would come up for tax payer vote at elections. Ms. Vaissiere answered that in order to keep the ball rolling, there would be multiple presentations and a study as well. Following that it would get published on the trim notice, which goes out to all Volusia County residents in August followed by two public hearings in September. Corrie Sap, 2630 Travelers Palm, brought up that Stormwater is a property related issue so she agrees with that. She inquired over how the Resolutions would affect disabled veterans who pay no taxes. Both Mr. Irby and City Attorney Wolfe were unsure of the legalities about that and will look Page 12City of Edgewater Printed on 4/8/2022 December 6, 2021City Council Meeting Minutes into it. Councilwoman Bennington asked if there would be another reading after they approved the Resolution to go over the information from the fire studies, add or subtract things or give people the chance to object. Mr. Irby confirmed that there would be opportunity to do all of that. Mayor Thomas closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman Bennington, to approve Resolution No. 2021-R-37. The MOTION was APPROVED by the following vote: Yes:Councilwoman Power, Councilwoman Bennington and Councilman Powers3 - No:Mayor Thomas and Councilwoman O'Keefe2 - 9. BOARD APPOINTMENTS None at this time 10. OTHER BUSINESS a.Travis Ingalsbe, requesting approval to remove a 43-inch historic Live Oak Tree from property located at 211 N. Ridgewood Avenue. This item was pulled from the agenda. c.Future City Hall Discussion and Direction Mr. Irby provided a staff report. Councilwoman O'Keefe referenced an email she had received concerning the City partnering with Farmton and how it looked from the outside. When prompted by Mr. Irby on what the concerns were; Councilwoman O'Keefe clarified that it looks like the City is doing business with somebody who is building a lot in the City and she wanted to get City Wolfe Attorneys point of view on the situation. Mr. Wolfe said he would have to look into it and see if there are any concerns. Councilwoman O'Keefe clarified that she personally doesn't have an issue, she just understood that from the outside looking in, it doesn't look right. Councilman Powers stated that he thought there was also a lot of incorrect information in that email. Mr. Irby invited Councilwoman O'Keefe to meet with him to go over the email line by line. Mayor Thomas pointed out that perhaps the resident hadn't been around since the beginning of the discussions back in 2005; he thinks the City should have open ears and that if it were anything illegal, he would have no part in it. Councilwoman O'Keefe agreed and said that is the reason she brought it up, to make sure everything was kosher. Page 13City of Edgewater Printed on 4/8/2022 December 6, 2021City Council Meeting Minutes Councilwoman Bennington felt that this was what discussions were for and what the motion was for, to determine if it was good for the City or not. She mentioned that the City desperately needed a new city hall as they were running out of room so if this was financially beneficial for the City, its at least worth a discussion. With all the misinformation currently out there, until they get something in writing from the City Attorney and the City Manager, they don't know what is in the best interest of the City or the people. Councilwoman Power said that Farmton has already paid for the road to be paved; something she feels is above and beyond what they were required to do and has benefited the City already. Councilwoman Power mentioned seeing something about the traffic lights in the email; Councilwoman O'Keefe understood that was out of the City's control. Councilwoman Power said that the planning for intersections and the influx of homes was on the radar with the state. Councilwoman O'Keefe reiterated that she just felt as though the residents email was valid and it was their job to address those concerns. Mr. Irby interjected that the email was not valid; Councilwoman O'Keefe agreed that maybe not all of it was but she felt as though the concerns needed to be heard. Councilman Powers asked if Mr. Irby had experienced this type of situation with other City Halls. Mr. Irby said he had but it hadn't been in Florida. That City had been about a half a million strong and the last he knew, didn't own any public buildings but that had been 25-30 years ago so it might have changed. Councilman Powers stated that he was just trying to look at the business transaction part of it. They are a private company and if they went to any other company in Edgewater and wanted to lease a building, comprehensively, what does that look like. Councilwoman Bennington brought up a time in the past where the City had the opportunity to buy the old Regions bank; Councilwoman Power added that in that situation, it had gone out to the voters. Mayor Thomas stated that all they were asking for is an open discussion and that if something seemed suspicious; they would put a stop to it. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Bennington, second by Councilwoman Power, to Direct staff to begin discussions with Farmton North, LLC regarding the possibility of a partnership to construct a new City Hall.. 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 Page 14City of Edgewater Printed on 4/8/2022 December 6, 2021City Council Meeting Minutes a.City Clerk City Clerk Brown informed Council that Saturday is the Christmas parade; Leisure Services has a float for City Council so everyone who is participating should meet at Council Chambers at 9 a.m. on Saturday. The float will pick them up and drop them off afterwards and she will meet them there to help them with anything they need. Councilwoman Power asked if they were allowed to bring family members; Ms. Brown said yes and Councilwoman Bennington added that Samantha Bergeron, Parks and Recreation Director, said the float was going to be big enough to accommodate. Councilwoman Power asked if they were supposed to dress in costume, Ms. Brown said if they wanted to. Councilwoman Bennington inquired if Santa was going to be on the Council float; Ms. Brown answered that Santa was on a separate float. Ms. Brown asked Council to RSVP to the Volusia League of Cities Award Banquet she had recently emailed out as soon as possible. b.City Attorney City Attorney Wolfe provided a brief litigation update for the Deborah Richards; John Ingles; and Fire Association cases. In terms of the Fire Association litigation; the City had won the case and Mr. Wolfe had filed a motion to tax cost. The Fire Association had provided a settlement offer; the City's motion to tax cost is $6,266.50 and the Fire Association is offering $1,816.50. Mr. Wolfe recommended that Council deny the offer. Councilwoman Power asked if they needed a motion for that; Mr. Wolfe asked Council for direction on the matter as they would not be meeting again before the hearing on December 14th. Specifically, he needs direction to accept or deny the offer as well as any other offer that might come back before the hearing. In other words, reject the current offer and see what the Judge determines. He informed Council that it is discretionary with the Judge per the statue on this type of case but he feels as though they have a strong argument as the amount of time and money put into the case is substantial. They had sued the City and the City was forced to defend the case and incur the costs so now that they have prevailed, they should recover the costs from the Fire Association. Council Woman O'Keefe asked if the recovery of cost would include going back to court. Mr. Wolfe said no because that was Attorneys fees. Councilwoman Power asked if the insurance company paid any of that; Mr. Wolfe said that they may have paid some of it so they would have to figure it out but it should be an easy thing to do. Councilwoman Power asked if that was included in the $6200; Mr. Wolfe said it may be but it's still money put out by the City. Councilwoman Power pointed out that the judge may say the Fire Association is a non profit. City Page 15City of Edgewater Printed on 4/8/2022 December 6, 2021City Council Meeting Minutes Attorney Wolfe agreed that they were but that the City is the beneficiary of their charitable work. A motion was made by Councilwoman Bennington, second by Councilwoman Power, to direct the City Attorney to go to the hearing and go by the judges decision. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - c.City Manager City Attorney Irby had nothing at this time. Councilwoman Power asked Mr. Irby if he too had received something from Florida League of Cities on local Ordinances. Mr. Irby confirmed seeing it, saying it was going to entail more work so they were not looking forward to it but that it was on their radar. 12. CITIZEN COMMENTS Johnny Lee, 1704 Edgewater Drive, thanked Council for considering and passing their raises. He asked how the employees who had been with the City for a long time would get compensated for their years of lesser pay. Mayor Thomas believed that per the study, if you're at the top of your salary, you get a one time bonus. Councilwoman Bennington believed there was a formula and that he should refer to Julie Christine, Human Resources Director to get the information. Mr. Lee thanked Council again and said they take pride in their work. Cindy Black, 2923 Umbrella Tree Drive, thanked Council for not approving the backyard chickens and wished them a Merry Christmas and a happy New Year. Mayor Thomas told a story about Mr. Lee helping re-home a baby pig his grandson had found about 20 years ago. Councilwoman O'Keefe apologized to Ms. Cameron for not mentioning that the item she was concerned with had been on the consent agenda. Ms. Cameron (off camera) thanked Council. 14. ADJOURN There being no further business to discuss, Mayor Thomas adjourned the meeting at 7:43 p.m. Minutes submitted by: Monique Toupin, Assistant to the City Clerk Page 16City of Edgewater Printed on 4/8/2022