01-06-2020 - Regular e Drive
City of Edgewater 104 N.Edgewater,FL
y � Edgewater,FL 32132
City of
��GEtWATER Meeting Minutes
City Council
Monday,January 6,2020 6:00 PM Council Chambers
IMMEDIATELY FOLLOWING CRA MEETING
1. CALL TO ORDER and ROLL CALL,PLEDGE OF ALLEGIANCE,INVOCATION
Mayor Thomas invited the Webelo Cub Scouts to call the meeting to order and lead the Pledge of
Allegiance.
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
2. APPROVAL OF MINUTES-None at this time
3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS
a. Presentation to EdgeFest Backyard BBQ winners.
Samantha Bergeron, Parks and Recreation Director, presented the Edgewater Professional
Firefighters IAFF Local 4575 with a plaque.
This Presentation was received and filed.
b. Presentation to Holiday Light Decorating Contest Winners
Samantha Bergeron, Parks and Recreation Director, presented the residents of 2132 India Palm
Drive with a plaque and the residents of 2429 Travelers Palm with a gift basket.
This Presentation was received and filed.
C. Presentation to 2019 Christmas Parade Winners
Samantha Bergeron, Parks and Recreation Director, announced the winners: Adult Service Award -
Coastline Church; Most Original - Wilkie's Pest Control; Youth Service Award - Sunshine House Pre
School; Most Related to Theme - American Heritage Girl Scout Troupe and Grand Champion - Burns
Science and Technology Charter School.
This Presentation was received and filed.
d. County Councilwoman Deb Denys Presentation and Update regarding Space
Volusia
County Councilwoman Deb Denys made a presentation relating to Space Florida and their expansion
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into Volusia County.
This Presentation was received and filed.
4. CITIZEN COMMENTS
Glenn Powers, 2628 Yule Tree Drive - Coordinator for Wreaths Across America, Saturday, December
14, 2019 the National Wreaths Across America Day we had 2158 participantating locations
nationwide and we placed 2.2 million veterans wreaths of our nations heros.
Gwen Luper, 321 Sea Gull Court - as someone who does not attend these meetings but does listen to
them,please remember to speak into the microphones as we cannot hear you.
Rick Carver, 2512 Silver Palm - garbage cans, everyone has stated what they think about that;
discussed police and fire salaries. Councilman Conroy asked if he was talking about impact fees and
informed him that we are having that disucssion item later if he wished to speak then.
Chuck McCain, 819 Navigators Way - garbage situation, Mayor stated that it was coming up later
on the agenda.
Ed Puglisi, 415 Schooner Avenue-supports current garbage status and the workers.
Maria Carver, 2512 Silver Palm - wanted to bring up sidewalks for Silver Palm as are much needed,
clangours area and she can't even walk her dog.
Frank Morris, 3132 Queen Palm - police and fire departments should have a raise, shouldn't have to
carry a gun for less than $20.00 an hour, wages they get sometimes is not enough. We need
sidewalks badly, also need the 30th Street area cleaned up with a walkway for kids and area for
crossing the railroad tracks; different speed limits on 442, pick one speed limit - make it 45 all the
way.
Libby Lavette, 1820 Hibiscus - Petitions for the audit are in the back of the room and they will be
here at every meeting for signatures. Had a promising meeting with Eric Romando, Aid for
Congressman Santiago who are supportive of our efforts for the audit; potential bridge from
Edgewater to Bethune with very serious conversations going on about it with Davey Johnson owning
300 acres on the beach and will want it;you can do an environmentally safe one.
5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA
City Manager Irby requested that council create Item IOd - Indian River Elementary School
requesting a waiver of fees for their 5K run (they didn't get it to us until this past Friday) and it
requires a vote. Consenus was given.
Councilman Conroy requested that Solid Waste Item (Item IOc) also be moved up. Consenus was
given.
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City Manager Irby brought up the need to create Item #10d - Indian River Elementary
School requesting a fee waiver for their 5K Run as they did not get the request to us until
this past Friday.
Councilman Conroy - suggested moving up the solid waste discussion on Item #10c, Mayor
determined to place it after the Consent Agenda
6. CITY COUNCIL REPORTS
Councilwoman O'Keefe-due to the amount of items on the agenda, she is going to pass.
Councilman Conroy - Movie in the Park was soggy, it was like going to the drive-in but got rained
out but will do it again during the Relay for Life. I coordinated the Wreaths Across American for the
OakLynn Cemetery, we have found 9 veterans so far - 8 from World War I, I from World War II,
attended very well by the Daughter's of the American Revolution. Councilman also brought up a
small powerpoint to view and called Ms. Lavette's up to explain the powerpoint presentation.
Mayor Thomas defered as to the lenght of the meeting.
Councilwoman Power - We received an award from the Florida Planning and Zoning Association
Awards Dinner and this is the Sustainability Award for Whistle Stop Park in partnership with City of
Edgewater and DMC(Dredging Marine Consultants)for the project.
Councilwoman Yaney - so many people have complemented on the parade and said it was best they
had seen, helped with the Employee Breakfast and hope that when we move forward hope can
accomplish our goals. We all serve here to better the City of Edgewater.
7. CONSENT AGENDA
A motion was made by Conroy, second by Councilwoman O'Keefe, 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. Wastewater Collection System Manhole Lining
b. Requesting award of and authorization for the City Manager to execute a contract to
J&H Waterstop Utilities, Inc., for Lift Station #6 Replacement per terms and
conditions in ITB 20-ES-001.
8. PUBLIC HEARINGS,ORDINANCES AND RESOLUTIONS
a. 2nd Reading - Ordinance 2019-0-26 amending Ordinance No. 2014-0-20 relating
to the City of Edgewater, Florida Firefighters' pension plan; providing for compliance
with Chapter 2019-21, Laws of Florida which mandates certain amendments to the
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plan.
City Attorney Wolfe read Ordinance No. 2019-0-26 into the record.
City Manager Irby made staff presentation.
Mayor Thomas opened and closed the public hearing.
A motion was made by Councilwoman Power, second by Councilwoman Yaney, to approve
Ordinance No. 2019-0-26 amending Ordinance No. 2014-0-20. 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. 2019-0-24: 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 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. 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
C. 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 provided a staff report. He stated he recently spoke with Richard Daniels,
incoming President of the Volusia Builders Association who brought up some issues that were
concerning. Mr. Irby requested this item be continued to allow for further discussion.
Councilman Conroy asked for additional information. Mr. Irby stated there were some recent
changes to the law that he would like to look further into.
A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve
continuing to date certain on February 3, 2020 for Item 8c (Ordinance No. 2019-0-25). The
MOTION was APPROVED by the following vote:
Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and
Councilman Conroy
d. 2nd Reading - Ordinance No. 2019-0-19: Constance Silver requesting an
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amendment to the Official Zoning Map and to repeal and restate the Julington Oaks
PUD Agreement for development now known as Lakeview Estates.
City Attorney Wolfe read Ordinance No. 2019-0-19 into the record.
City Manager Irby 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. 2019-0-19.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and
Councilman Conroy
e. 2nd Reading - Ordinance No. 2020-0-01: Glenn D. Storch, requesting an
amendment to the Official Zoning Map to change 17.29± acres of land located at
3757S. Ridgewood Avenue and the two vacant parcels to the south from B-3
(Highway Commercial)to MH-1 (Mobile Home Park).
City Attorney Wolfe read Ordinance No. 2020-0-01 into the record.
Darren Lear,Development Services Director,provided a StaffReport.
Joey Posey, attorney for the applicant, 420 S.Nova Road, Daytona Beach, provided additional
information on the request. He added that screening
Mayor Thomas opened the public hearing.
A motion was made by Councilman Conroy, second by Councilwoman Power, to approve
Ordinance No. 2020-0-01.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and
Councilman Conroy
f. 2nd Reading - Ordinance No. 2019-0-31: Howard Hewitt requesting annexation of
6.0± acres of land located east of South Ridgewood Avenue and south of Packwood
Road.
A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve
Ordinance No. 2019-0-31.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and
Councilman Conroy
g. 2nd Reading - Ordinance No. 2019-0-32: Howard Hewitt requesting an amendment
to the Comprehensive Plan Future Land Use Map to include 6.0± acres of land
located east of South Ridgewood Avenue and south of Packwood Road as
Commercial.
A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve
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Ordinance No. 2019-0-32.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and
Councilman Conroy
h. 2nd Reading - Ordinance No. 2019-0-33 - Howard Hewitt requesting an
amendment to the Official Zoning Map to include 6.0± acres of land located east of
South Ridgewood Avenue and south of Packwood Road as B-3 (Highway
Commercial).
A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve
Ordinance No. 2019-0-33.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and
Councilman Conroy
i. 2nd Reading - Ordinance No. 2019-0-21: Glenn D. Storch requesting annexation of
28.54± acres of land located east of South Ridgewood Avenue and south of Jones
Fish Camp Road.
A motion was made by Councilwoman O'Keefe, second by Councilman Conroy, to approve
Ordinance No. 2019-0-21.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and
Councilman Conroy
j. 2nd Reading - Ordinance No. 2019-0-22: Glenn D. Storch requesting an
amendment to the Future Land Use Map to include 28.54± acres of land located east
of South Ridgewood Avenue and south of Jones Fish Camp Road as Medium
Density Residential with Conservation Overlay.
A motion was made by Councilwoman O'Keefe, second by Councilman Conroy, to approve
Ordinance No. 2019-0-22.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and
Councilman Conroy
k. 2nd Reading - Ordinance No. 2019-23: Glenn D. Storch requesting an amendment to
the Official Zoning Map to include 28.54± acres of land located east of South
Ridgewood Avenue and south of Jones Fish Camp Road as RPUD (Residential
Planned Unit Development)and approval of the associated RPUD Agreement.
A motion was made by Councilwoman Power, second by Councilman Conroy, to approve
Ordinance No. 2019-0-23 the associated RPUD Agreement with second by Councilman
Conroy, after discussion Councilman Conroy rescinded his second so Councilwoman could
amended her motion to include saving as many of the oak trees as possible; Councilman
Conroy seconded the amended motion. The MOTION was APPROVED by the following
vote:
Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and
Councilman Conroy
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9. BOARD APPOINTMENTS
a. Economic Development Board - Councilwoman O'Keefe's appointment due to the
July 18, 2019 term expiration of Donna Snow.
A motion was made by Councilwoman O'Keefe, second by Councilwoman Yancy, to appoint
Rebecca Crews.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and
Councilman Conroy
b. Economic Development Board - Councilman Gary Conroy's appointment due to the
resignation of Erik Bon Fleur.
A motion was made by Councilman Conroy, second by Councilwoman Power, to appoint
Michael Kelley to the Economic Development Board. The MOTION was APPROVED by
the following vote:
Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and
Councilman Conroy
C. Police Pension Board Appointment by Councilman Conroy consider reappointment
of Alexander Penalta
A motion was made by Councilman Conroy, second by Councilwoman Power, to re-appoint
Alexander Penalta to the Police Pension Board for the 2 year term. The MOTION was
APPROVED by the following vote:
Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and
Councilman Conroy
10. OTHER BUSINESS
a. ZA-1903 - Glenn D. Storch, requesting an amendment to the Deering Park Center
Mixed Use Planned Unit Development(MUPUD)Agreement.
A motion was made by Councilwoman Power, second by Councilman Conroy, to approve
ZA-1903 (Deering Park MUPUD Agreement). The MOTION was APPROVED by the
following vote:
Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and
Councilman Conroy
b. ZA-1904 - Michael J. Good, requesting an amendment to the Woodbridge Lakes
PUD Agreement.
10.d. Indian River Elementary requesting a waiver of the $100.00 fee for their SK Run on January
25th
A motion was made by Councilwoman Power, second by Councilman Conroy, to approve
Amendment No 2 to the Woodbridge Lakes PUD Agreement and authorize the Mayor to
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execute the Agreement.The MOTION was APPROVED by the following vote:
Yes: 5- Mayor Thomas,Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and
Councilman Conroy
C. Solid Waste Scenarios for Efficiency and Rate Stabilization
A motion was made by Councilwoman Yaney, second by Councilman Conroy, to approve
Scenario 2 keeping the 2 days per week as noted and to include the tippers, Councilman
Conroy confirmed, Scenario 2, larger trucks, twice a week with 2 employees per truck and
tippers. The MOTION was APPROVED by the following vote:
Yes: 3- Councilwoman Power,Councilwoman Yaney and Councilman Conroy
No: 2- Mayor Thomas and Councilwoman O'Keefe
d Indian River Elementary School requesting waiver of the $100.00 fee for their 5K Run on January 25th.
Motion made by Councilman Conroy with second by Councilwoman O'Keefe to waive the
$100.00 fee for Indian River Elementary for the 5K Run on January 25th. 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
Reported that today was Kelsey's first day back!
Reminder that Saturday, February 8th is the Water Quality Update with the County, County
Councilwoman Deb Denys, Edgewater,New Smyrna Beach and Oak Hill.
We are still trying to schedule the Town Hall Meeting on the Utilities with Council, gave a few
additional dates to see if we could all get together.
b. City Attorney
Quick litigation update in the Fire Association Litigation - deposition have been scheduled for next
week so that's the next event in that case.
As to the Marina litigation - previously set out discovery in the form of written questions and a
document request. Their attorney objected to some of the requests but I feel that some of the
objections are unfounded so under the rules I was required to send a letter to both Plaintiffs letting
them know why I thought their objections were unfounded and giving them time to correct their
answers, that time has now lapsed without giving the discovery requested. At this point I will
prepare a Motion to Compel Discovery in that case and set it for hearings, that will be the next event
in that case. Just recently the Plaintiffs sent a document request to the City and the Developer set a
document request to the Plaintiffs.
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c. City Manager
Clerk already mentioned the meeting dates, so nothing further.
12. CITIZEN COMMENTS
13. ADJOURN
There being no further business, the meeting adjourned at 9:59 p.m.
This was approve.
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