12-02-2019 - Regular City of Edgewater 104 N.Riverside Drive
' Edgewater,FL 32132
EDGEWATER Meeting Minutes
City Council
Monday,December 2,2019 6:00 PM Council Chambers
1. CALL TO ORDER and ROLL CALL,PLEDGE OF ALLEGIANCE,INVOCATION
Present: 5- Mayor Mike Thomas,Councilwoman Christine Power,Councilwoman Kimberly Yaney,
Councilwoman Megan O'Keefe,and Councilman Gary Conroy
Also Present: 3- City Attorney Aaron Wolfe,City Clerk/Paralegal Robin Matusick CMC,and City Manager
Glenn Irby
a. Absence of Councilwoman O'Keefe at the November 6, 2019 Workshop
Mayor stated that there was no need to take action as the absence was at a Workshop and
not a regular meeting
2. APPROVAL OF MINUTES-None at this time
3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS
a. Proclamation-Human Trafficking Awareness Month
This presentation was read into the record.
4. CITIZEN COMMENTS
Libby Lavette, 1820 Hibiscus Drive: explained status of Council Recall Petition.
Frank Mars, 3132 Queen Palm Drive: Inquired about sidewalks at 30th Street Housing development.
Explained Police Officer pay rate should be$20/hour.
5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA
Council moved to place Item 8c forward under Item 5-see as follows:
Item 8c-Approval of the authorizing resolution (2019-R-25)for execution and delivery of a
Master Lease Agreement for an amount not to exceed$625,000 with Branch
Banking& Trust Company (BB&T) to purchase of the Fire Engine and Police Patrol Vehicles.
CITIZEN COMMENTS-
Maiy Wells, 2011 Mango Tree - questioned amount of police vehicles we have, age, amount of staff,
etc
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Libby Lavette, Edgewater Environmental Alliance, 1820 Hibiscus Drive - does not know why we
want to borrow money for vehicles when we can clean up canals
A motion was made by Councilwoman Power, second by Councilman Conroy, to approve
Item No. 8c - Resolution No. 2019-R-25 permitting the City Manager to enter a Master
Lease Agreement with BB&T Bank for an amount not to exceed $625,000. The MOTION
was APPROVED by the following vote:
Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and
Councilman Conroy
6. CITY COUNCIL REPORTS
Councilwoman Power Reported: Attended the TPO meeting.
Councilwoman Yaney Reported: Attended the Edgewater Animal Shelter fundraiser event and
xpressed residents concerns regarding removal of natural vegetation.
Councilwoman O'Keefe Reported: nothing at this time.
Councilman Conroy Reported:Attended the Pearl Harbor event.
Mayor Thomas Reported:Attended the Charter Review Committee meeting.
7. CONSENT AGENDA
A motion was made by Councilwoman Power, second by Councilwoman Yaney, to approve
the Consent Agenda The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and
Councilman Conroy
a. Pavement Reconstruction by Asphalt Paving Systems
b. Approval for Pavement Technology, Inc. to Apply Asphalt Rejuvenating Agent to
Various Streets in the amount not to exceed$32,000
8. PUBLIC HEARINGS,ORDINANCES AND RESOLUTIONS
a. 2nd Reading - Ordinance No. 2019-0-24: Amending the language implementing the
Impact Fee program set forth Article XVII (Development/Impact Fees) of the Land
Development Code.
City Attorney Wolfe read Ordinance No. 2019-0-24 into the record.
City Manager Irby made a staff presentation.
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Kim Long, 3312 Mango Tree Drive: discussed fee increases.
Mayor Thomas opened and closed the public hearing.
A motion was made by Councilwoman Power, second by Councilman Conroy, to approve
Ordinance No.2019-0-24. The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and
Councilman Conroy
b. 2nd Reading- Ordinance No. 2019-0-25: Update to the Schedule of Impact Fees.
City Attorney Wolfe read Ordinance No. 2019-0-25 into the record.
City Manager Irby made a staff presentation.
Kim Long: 3312 Mango Tree Drive:In support of increasing impact fees.
Mary Wells, 2011 Mango Tree Drive:Inquired about impact fee.
Libby Lavette, 1820 Hibiscus Drive:In support of increasing impact fees.
Kenneth Hooper, 1818 S Riverside Drive:In support of increasing impact fees.
Mayor Thomas opened and closed the public hearing.
A motion was made by Councilwoman Power, second by Councilwoman Yaney, to approve
Ordinance No. 2019-0-25. The MOTION was APPROVED by the following vote:
Yes: 3- Councilwoman Power,Councilwoman Yaney and Councilwoman O'Keefe
No: 2- Mayor Thomas and Councilman Conroy
C. Approval of the authorizing resolution (2019-R-25) for execution and delivery of a
Master Lease Agreement for an amount not to exceed $625,000 with Branch
Banking & Trust Company (BB&T) to purchase of the Fire Engine and Police
Patrol Vehicles.
This item was brought forward to Section 5- Approval or Changes/Modifiications to the
Agenda and approved at that time
d. Resolution No. 2019-R-26
City Attorney Wolfe read Resolution No. 2019-R-26 into the record.
City Manager Irby made a staff presentation.
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Cindy Black, 2723 Umbrella Tree Drive: does not agree with rate increases.
Kim Longi 3312 Mango Tree Drive:Asked council to be more specific during discussions.
Mayor Thomas opened and closed the public hearing.
A motion was made by Councilwoman Power, second by Councilwoman Yaney, to approve
Resolution No.2019-R-26. The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and
Councilman Conroy
9. BOARD APPOINTMENTS-None at this time
10. OTHER BUSINESS
a. Purchase Fire Engine
Cindy Black, 2723 Umbrella Tree Drive: mentioned there are Florida based companies which
manufacture fire engines.
A motion was made by Councilman Conroy, second by Councilwoman Power, to approve
purchasing the fire engine. The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and
Councilman Conroy
b. Purchase two (2)Patrol vehicles
A motion was made by Councilman Conroy, second by Councilwoman O'Keefe, to approve
the purchase of 2 patrol vehicles. The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and
Councilman Conroy
e. City Clerk's Compiled Performance Evaluation form and Goals for City Manager and
City Clerk.
d. City Council to Provide Staff Direction on Cost Saving Scenarios for Solid Waste
Operations
Mary Wells, 2011 Mango Tree Drive: Suggests City purchases two new trucks for Florida Shores.
Chris Gibson, 305 W Ocean Ave:Expressed new garbage cans will be difficult to roll around.
Kim Long, 3312 Mango Tree:Residents want garabage to stay the same.
Libby Lavette, 1820 Hibiscus Drive:Indicates garbage pickup should be twice a week.
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Cindy Black,2723 Umbrella Tree Drive: Expressed concerns about residents not putting trash in
cans.
Denise Dale, 908 Fernald:Asked why trucks only last 5-7 years.
A motion was made by Councilwoman Yaney, second by Councilwoman O'Keefe, to approve
entering into a MOU (Memorandum of Understanding) with the Union for the 19 current
employees to cover their one time move into another department waiving their six (6) month
probationary period due to the transfer. The MOTION was APPROVED by the following
vote:
Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and
Councilman Conroy
A motion was made by Councilwoman Power, second by Councilwoman Yaney, to approve to
direct Staff to go with Scenario B. The motion FAILED by the following vote:
Yes: 2- Councilwoman Power and Councilwoman Yaney
No: 3- Mayor Thomas,Councilwoman O'Keefe and Councilman Conroy
A motion was made by Councilman Conroy, second by Mayor Thomas, to approve directing
Staff to go forward with Scenario A (Mayor had passed the gavel to make the Second and
after vote Councilman Conroy passed gavel back to Mayor). The motion FAILED by the
following vote:
Yes: 2- Mayor Thomas and Councilman Conroy
No: 3- Councilwoman Power,Councilwoman Yaney and Councilwoman O'Keefe
A motion was made by Councilwoman O'Keefe, second by Councilman Conroy, to approve
keeping the rates the way it is.
while voting was in progress, City Attorney stated that this was not properly noticed to the
public so this could be voted on - City Attorney went on to state that his recommendation and
advice was not to do it
Mayor stated that Motion was on the floor continue roll call
Councilwoman O'Keefe then asked City Attorney if this should be tabled/continued since
they cannot all agree, City Attorney stated yes it should be an agenda item so public is
aware and can come and comment
After this discussion, Councilwoman O'Keefe WITHDREW her motion.
This matter will be brought back in January with all options
e. Sale of Surplus Real Property-401 Timaquan Trail
A motion was made by Councilwoman Power, second by Councilman Conroy, to approve
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directing the City Manager to contract for sale of surplus real property located at 401
Timaquan Trail to Edge Realty Advisors for the sum of $25,000. The MOTION was
APPROVED by the following vote:
Yes: 4- Mayor Thomas,Councilwoman Power,Councilwoman Yaney and Councilman Conroy
No: 1 - Councilwoman O'Keefe
Maty Wells, 2011 Mango Tree Drive: Provided comments relating to the Transfer Station. Was
informed to come up during that agenda item.
A motion was made by Councilwoman Power, second by Councilwoman Yaney, to approve
amending her previous motion to include the authorization for the Mayor to execute all
closing documents.The MOTION was APPROVED by the following vote:
Yes: 4- Mayor Thomas,Councilwoman Power,Councilwoman Yaney and Councilman Conroy
No: 1- Councilwoman O'Keefe
f. Sale of Surplus Real Property-503 Booker St.
A presentation was made by Glenn Storch.
Kim Long, 3312 Mango Tree Drive: Provided comments on impact fees. Was told to come up during
that agenda item.
Cindy Black, 2723 Umbrella Tree Drive: Suggested Council do further research in property value of
503 Booker Street.
A motion was made by Councilwoman Power, second by Councilwoman Yaney, to approve
directing the City Manager to contract for sale the real property located at 503 Booker
Street to Alan D. Klein for the sum of $37,000 and authorize the Mayor to execute the
closing documents with the provision that the sale is contingent upon rezoning. The
MOTION was APPROVED by the following vote:
Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and
Councilman Conroy
11. OFFICER REPORTS
a. City Clerk
Robin Matusick reported: Wanted to inform you of the New Smyrna Christmas Parade on Saturday,
December 7th and Edgewater's on Saturday, December 14th. Only 2 people can be in a car since
they will be supplying a driver and spotter. On the 14th please be here by 9:00 am and we will have
coffee and donuts. If you want family to be with you in the parades you need to supply your own
vehicles.
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b. City Attorney
Aaron Wolfe reported: Quick reminder that under the Sunshine Law the Council is prohibited from
discussing city business through social media, just wanted to caution you about that. For instance f
one member does a post on social media it is important that other members of council not reply to
that post or that could be considered a communication outside of a public meeting about city
business and a violation of the Sunshine Law
c. City Manager
Glenn Irby reported: Currently Daytona Beach has a trespass ordinance in effect, we have a problem
at Whistle Stop Park - are you interested? City Attorney has reviewed it and sees no problem with
this. Council consensus was yes, bring it back
We have discussed this in the past to see if you were interested in banning single use plastics at city
events, this would be just for vendors at city functions - are you still interested in this - consensus was
in agreement. Councilman Conroy would like vendors to have some input for their opinion.
Workshop/Town Hall on utilities - one of two ways, have old fashioned Town Hall where you just talk
or have a neutral individual/moderator - consensus was have a moderator. Date was discussed for a
Saturday morning and see what dates the moderator has available.
Holidays - Staff' would like to request both Christmas Eve & New Years Eve as additional holidays
this year, council was in agreement
A motion was made by Councilwoman Power, second by Councilman Conroy, to approve the
additional holidays for Christmas Eve and New Year's Eve for staff. The MOTION was APPROVED
by the following vote:
A motion was made by Councilwoman Power, second by Councilman Conroy, to approve
the additional Holidays for Christmas Eve and New Year's Eve. The MOTION was
APPROVED by the following vote:
Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe
and Councilman Conroy
12. CITIZEN COMMENTS
Kim Long, 2011 Mango Tree Drive: Commented raising impact fee increases may not slow down
growth.
Libby Lavatte, 1820 Hibiscus Drive:Expressed concerns of lack of transparency.
David Kneiszler, 2319 Unity Tree Drive: Suggested garbage can size restrictions to prevent injury to
workers.
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Leo Towsley, 2828 Unity Tree Drive: Expressed concerns of new garbage truck causing damage to
roads.
14. ADJOURN
There being no further business to discuss, Mayor Thomas adjourned the meeting at 9:29 p.m.
Minutes submitted by:
Haley Walker, Records Clerk
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