03-02-2020 (2) e Drive
City of Edgewater 104 N.Edgewater,FL
y � Edgewater,FL 32132
City of
��GEtWATER Meeting Minutes
City Council
Monday,March 2,2020 6:00 PM Council Chambers
1. CALL TO ORDER and ROLL CALL,PLEDGE OF ALLEGIANCE,INVOCATION
It was determined by Council that the Mayor would be excused for this meeting.
Present: 4- Councilwoman Christine Power,Councilwoman Kimberly Yaney,Councilwoman Megan
O'Keefe,and Councilman Gary Conroy
Excused: 1- Mayor Mike Thomas
Also Present: 2- City Attorney Aaron Wolfe,and City Manager Glenn Irby
2. APPROVAL OF MINUTES-None at this time
3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS
a. County Councilwoman Deb Denys was in attendance and discussedthe Park Avenue extension and
Ribbon Cutting
4. CITIZEN COMMENTS
Paula Wood at 212 (undecipherable) and Gwendolyn Tobler, 2703 Vista Palm Drive - representing
the OakLynn Cemetery Association, been working on it since 2000 and only cleared maybe a quarter
of it but have found 145 burials with 9 veterans and babies. Trying to get community support to get
the word out about the cemetery. Holding a meeting on March 25th at 10:00 am at the Babe James
Center in New Smyrna Beach.
Cheryl Jenkins, 1431 Willow Oak - resident for about 5 years, local realtor and trying to take a more
active role in our community so will be attending more meetings and to thank you for the positive
things you have been doing. Would like to ask that Council take interest in code as we have derelict
properties that should be taken care of.
Mike Visconti, 316 Pine Breeze Drive - retention pond behind his house that is full of algae can
someone take a look at it and have it taken care of.
Frank Bars, 3132 Queen Palm Drive - just did a city retention pond at 3132 Queen Palm Drive, put a
"V" in it so water will run however engineers should change the way it is done since not draining
properly should be reassessed.
Libby Lavette, 1820 Hibiscus Drive - thank city for receiving a trash traps donated by Steve Beeman
that was placed at the 18th Street Canal at Fern Palm. I am concerned about location of beemats
but Randy Coslow informed her there are no plans for beemats/trash traps as no money for
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maintenance. Wants Mr. Conroy to instruct Mr. Irby to place an Environmental Advisory Board on
next month's Agenda.
Sue Bartlett, 3410 Vista Palm Drive - here as the Director of Mosquito Control for the County, you
have an agenda item on consent agenda for authorization for low level flights and discussed more on
Mosquito Control.
5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA
6. CITY COUNCIL REPORTS
Councilwoman Power reported reading "Robot was on the Island" at Edgewater Public for the 5th
Grade; Team Volusia is putting in a letter Executive Office of the President Council on
Environmental Quality about modernization of NEPA Implementing Regulations trying to update the
regulations, can take over a decade to do an environmental study wanting comments by March 10th.
TPO annual call for projects, looking at sidewalks on Silver Palm to connect to 442.
Councilwoman Yaney - attended Ethics Training which is required annually, attended the Park
Avenue Ribbon Cutting.
Councilwoman O'Keefe - on February 8th I volunteered at the Princess Ball with Councilwoman
Power, a lot of fun; February 11 th we attended the State of the County Address at the Ocean Center;
on February 24th we attended the Ethics Training and our City hosted the event; February 25th 1
attended the tour with Glenn Storch; February 26th the Ribbon Cutting on Park Avenue. Also want
to put on record that I did speak to a constituent in the community and gave the City Manager
information that he was interested in the City possibly having rental spaces at the boat ramp for hot
dog stand.
Vice-Mayor Conroy - met with Glenn Storch and Project Manager for Miami Corporation on the
Deering Park Project; wife and I traveled to Tallahassee last week for the session, sitting in on the
Appropriations Committee, great opportunity; Ethics Training; State of the County and we are doing
a State of the City at the New Smyrna Yacht Club on March 26th.
7. CONSENT AGENDA
A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve
the Consent Agenda.The MOTION was APPROVED by the following vote:
Yes: 4- Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Councilman
Conroy
a. The Riverside Conservancy Restoration for a Healthy Lagoon Hold Harmless
Agreement
b. Approval of Addendum #2 - Chemicals - Water - Wastewater Treatment Plants
(ITB#18-ES-006)-Liquid Carbon Dioxide
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C. Volusia County Public Works Mosquito Control Letter of Authority for low level
flights
d. Award and authorize the City Manager to execute a contract with The Kenton
Group, Inc. to construction the Tatum Boulevard to Elizabeth Street water main (ITB
20-ES-002).
e. US-1 Water Main: Indian River Boulevard to South Riverside Drive (CRA)
f. Approval of the Victim of Crime Act(VOCA)Application and Agreement
8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
a. 2nd Reading - Ordinance No. 2019-0-31: Howard Hewitt requesting annexation of
6.0f acres of land located east of South Ridgewood Avenue and south of Packwood
Road.
City Attorney Wolfe read Ordinance No. 2019-0-31 into the record.
City Manager Irby made staff presentation.
Vice-Mayor Conroy opened and closed the public hearing.
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: 4- Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Councilman
Conroy
b. 2nd Reading - Ordinance No. 2019-0-32: Howard Hewitt requesting an amendment
to the Comprehensive Plan Future Land Use Map to include 6.0f acres of land
located east of South Ridgewood Avenue and south of Packwood Road as
Commercial.
City Attorney Wolfe read Ordinance No. 2019-0-32 into the record
City Manager Irby made staff presentation.
Applicant's Project Engineer Daniel Johns, 3869 South Nova Road was there if questions; there were
none.
Vice-Mayor Conroy opened and closed the public hearing.
A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve
Ordinance No. 2019-0-32.The MOTION was APPROVED by the following vote:
Yes: 4- Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Councilman
Conroy
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C. 2nd Reading - Ordinance No. 2019-0-33 - Howard Hewitt requesting an
amendment to the Official Zoning Map to include 6.0f acres of land located east of
South Ridgewood Avenue and south of Packwood Road as B-3 (Highway
Commercial).
City Attorney Wolfe read Ordinance No. 2019-0-33 into the record.
City Manager Irby made staff presentation.
Applicant's Project Engineer Daniel Johns, 3869 South Nova Road was there if questions; there were
none.
Vice-Mayor Conroy opened and closed the public hearing.
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: 4- Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Councilman
Conroy
d. 2nd Reading - Ordinance No. 2020-0-03 amending and restating Chapter 10
(Health, Sanitation, Property Maintenance and Code Enforcement), Article III
(Cleanliness and sanitation of premises. In this entirety; of the code of ordinances,
City of Edgewater, FL; providing for conflicting provisions, severability and
applicability;providing the codification an effective date and for adoption.
City Attorney Wolfe read Ordinance No. 2020-0-03 into the record.
City Manager Irby made staff presentation.
Vice-Mayor Conroy opened the public hearing with the following comments-
Libby Lavette, 1820 Hibiscus Drive - for this, seems like the paper with the orange bags might be the
one who violates this this would prevent papers from delivering if you ask them to do so.
Councilwoman Yaney stated that as she drove around, she found a lot of derelect properties who are
violating a number of codes don't know why we are not addressing those, I did not see many of this
issue not sure whey we need to add this when we need to address those offenses we have. City
Manager Irby stated our Code Enforcement is reactive not proactive, it would be up to Council to
change that. Councilwoman Yaney also asked if complaints are public record, City Manager Irby
stated that they are however we do also accept annonymous complaints.
Vice-Mayor Conroy closed the public hearing.
A motion was made by Councilwoman O'Keefe, second by Councilwoman Power, to approve
Ordinance No. 2020-0-03.The MOTION was APPROVED by the following vote:
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Yes: 3- Councilwoman Power,Councilwoman O'Keefe and Councilman Conroy
No: 1- Councilwoman Yaney
e. Second Reading -Ordinance No. 2020-0-04 -Proposed Charter Ballot Language
City Attorney Wolfe read Ordinance No. 2020-0-04 into the record.
City Manager Irby made staff presentation and John McKinney would speak on behalf of the Charter
Review Committee.
Gigi Bennington, 121 Virginia Street - Chairman of Charter Review Committee, we went through the
Charter with a fine tooth comb, we thought we were going to present but not at a first reading; all
our votes were unanimous.
John McKinney, 626 Coral Trace Boulevard - we did go through the entire Charter and work with
the City Attorney for this.
Wanted the following 2 things in the preamble of the Charter:
1. Indian River and Mosquito Lagoon Estuary-making sure the importance of it to the citizens
2. Opposition of any bridge being put in from 442 across to the barrier islands
Specific sections of the Charter-
1. wanted to modify how city council raises were done instead of biannual change to annual;
2. wanted you guys to have training when you are elected to council;
3. change the debt issuance as it had a S year rolling target so changed that and the percentage;
4. policy that an employee cannot run for office;
S. when you hire& terminate an appionted official it needs to be a majority of all S on council;
6. clarified for members of council, can only miss 3 meetings over a rolling 12 month period,
7. city manager relatives and employment
There were things that need to change in the personnel policy - nepotism, code of ethics and address
that there is a personnel board when there is not.
Recommend that this goes to November 2020 election.
Libby Lavette, 1820 Hibiscus Drive - I want to thank the Charter Review Committee on their job and
happy about language to protect the Mosquito Lagoon and preventing a bridge being built.
COUNCIL COMMENTS-
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Councilwoman Power - the language for the Indian River Lagoon and the bridge do not belong in the
Charter it is something that could do in the Comp Plan or the Code or as an ordinance, just not in
the Charter. Bridge is not something we would be doing - ordinance or resolution, sounds great but
does not belong in the Charter. These are feel good things, we do not have jurisdiction for that. The
rest I am happy with.
Councilwoman Yaney-asked Mr. McKinney to explain, McKinney suggested Ken Hooper speak.
Ken Hooper, 1818 S. Riverside Drive - agrees that some things belong in Charter and others do not;
you have it in the Comp Plan, you have the ability and have waived those in the Comp Plan by
putting it in the Charter, you cannot waive it. A lot of debate on all of these, there were other issues
we also brought up like advertising now you do it a lot different than before.
Councilwoman O'Keefe - I agree with Mr. Hooper, I think this is premature and speak wtih you but
appreciate you doing this.
Vice-Mayor Conroy - number 10 and Hand 9- total membership, we do membership with 4 people,
we can do business as long as we have a quorum. Councilwoman Power explained that they were
stating it requires 3 votes to hire or fire city manaager, city clerk or city attorney. City Attorney
thinks it reads fine, by a majority vote of its total membership fire (total memembership is S for you
need 3). Gigi Bennington stated it takes 3 and to hire and fire.
Vice-Mayor Conroy opened and closed the public hearing.
A motion to postpone first reading of Ordinance No. 2020-0-04(Proposed Ballot Language)
to a date and time certain on May 4, 2020 was made by Councilwoman Yaney, second by
Councilwoman O'Keefe. The MOTION was APPROVED by the following vote:
Yes: 4- Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Councilman
Conroy
9. BOARD APPOINTMENTS-None at this time
10. OTHER BUSINESS
a. Acceptance of Grant award for Hazard Mitigation Grant Program (HMGP)
4337-78-R YMCA Wind Retrofit Project
City Manager gave a staff report.
Citizen Comments-None
Council Comments - Councilwoman Power, these are the good ones. City Manager added an
addendum stating that the matching funds are not in the budget but we fill find the money at
mid-year and amend the budget accordingly.
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Councilwoman Yaney- YMCA is used as an evacuation center and it's great that we can do this.
A motion was made by Councilwoman Power, second by Councilwoman Yaney, to approve
the FDEM Proposed Contract for the Hazard Mitigation Grant Program. The MOTION was
APPROVED by the following vote:
Yes: 4- Councilwoman Power,Councilwoman Yaney,Councilwoman O'Keefe and Councilman
Conroy
11. OFFICER REPORTS
a. City Clerk
Assistant to the City Clerk Haley Walker reported-Nothing at this time
b. City Attorney
Update on the Marina Litigation - On February 14th we had a confidential meeting to discuss
settlement with all parties and all attorneys. No proposed resolution was arrived at during that
meeting but conversations continue along those lines. As far as upcoming dates, I filed a Motion to
Compel Discovery that is set for hearing on April 24th; set the plaintiffs for depositions on May 7th.
The Developers attorney has recently filed their own Motion to Compel Discovery that's pending and
I sent out some additional discovery in the form of requests for admissions in the case. Discussions
are continuing to try to resolve the case.
Vice-Mayor Conroy wanted to know if the depositions were to be video taped and City Attorney
responded yes, normally on the plaintiffs and these are not meant to intimidate in any way.
Councilwoman Yaney wanted to know when you discuss settlement, when does that come back to
council, City Attorney stated that it is always brought back to council for a vote on approval of any
settlement; anytime a tentative settlement is arrived at, it would be brought in front of council for a
vote. Councilwoman Yaney also asked about status of permit and work being done; not aware of
any open permits on this site and understand that a stop work order was issued today.
Councilwoman Yaney stated it appears developer has shown disregard for our process and
procedure.
c. City Manager
Started a few weeks ago with the fiscal budget, it should be lighter but more difficult with
salaries/pay as we are having a difficult time recruiting employees (CDL) - we need to have a salary
survey for all departments. HR Director Christine stated that the last one was when the Pension
Coordinator Sheila was here. Councilwoman Yaney asked a different look to the budget.
Vice-Mayor Conroy asked about the dumping incident at the Marina discussed fines/warning. Fire
Chief Lariscy responded that it was posted with a stop work order; can be a $75.00 citation and a
$50 per day fine. Fire Chief Lariscy gave further details as to how process works.
12. CITIZEN COMMENTS
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Libby Lavette, 1820 Hibiscus Drive - resident called her because of what was going on at the Marina
Site at Boston and Riverside Drive. Halifax Marine Construction was doing business there without a
permit, they need to be held accountable. Need more employees for code enforcement during budget,
homeless camps are back.
13. ADJOURN
Councilwoman O'Keefe Moved to adjourn
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