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05-06-2019 - RegularEDG _oo ER City of Edgewater Meeting Minutes City Council 1114 R Riverside Drive Edgewater, n 32132 Monday, May 6.2019 6:05 PM Council Chambers 1. CALL TO ORDER and ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION Present: 5- Mayor Mike Thomas, Councilwoman Christine Power, Councilwoman Kimberly Yanry, Councilwoman Megan O'Keefe, and Councilman Gary Conroy Abo Present: 3- City Anomey Aaron Wolfe, City Manager Glenn Irby, and Assismnt to the City Clerk Kelsey Hanna 2. APPROVAL OF MINUTES a. AR -20194126 Minutes of the January 7, 2019 Council Meeting A motion was made by Councilwoman O'Keefe, second by Councilman Conroy, to approve Minutes of the January 7, 2019 Council Meeting. The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Thomas, Councilwoman Power, Councllwoman Yaney, Councilwoman O'Keefe and Councilman Conmy b. AR -2019-4109 Minutes of the January 31, 2019 City Council Workshop A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Minutes of the January 31, 2019 City Council Workshop. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Thomas, Councilwoman Power, Councilwoman Yanry, Councilwoman O'Keefe and Councilman Conroy C. AR -2019-4110 Minutes of the February 4, 2019 City Council Workshop A motion was made by Councilwoman Power, second by Councilman Conroy, to approve Minutes of the February 4, 2019 City Council Workshop. The MOTION was APPROVED by the following vote: Yes: 5- Maym Thomas, Councilwoman Power, Councilwoman Yanry, Councilwoman O'Keefe and Councilman Conroy 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a. AR -2019-4134 Proclamation presented by County Councilwoman Denys honoring Alice Haldeman Item 3a was pulled due to County Councilwoman Deb Denys not being in attendance b. AR -20194119 Annual National Public Works Week - May 19th - 25th, 2019 r9ryefEasaw Parer PrInWee ]IIYSOre City Council Meeting Minutes May 6,2018 This proclamation was read into the record. C. AR -2019-0060 Plaque presentation to BJs Florist for Princess Ball contributions. This presentation was read into the record. d. AR -2019-4092 Presentation of awards to EdgeFest Chili Cook -Off winners. This presentation was read into the record. C. AR -2019-4099 Recreation & Cultural Services Board's Acknowledgement of Spring Beautification Award Winner. Item 3e was pulled due to the awards not arriving in time L AR -2019-4100 Economic Development Board's 2019 Local School Scholarship Report. This presentation was read into the record. g. AR -2019-4102 Edgewater Firefighters' IAFF Local 4575 presenting a check to Christine Wofford as the recipient of funds raised in the 2018 cancer awareness drive with a plaque being presented to Frosty King for their support in the fight against cancer This presentation was read into the record. h. AR -20194112 Edgewater Animal Shelter Presentation This presentation was read into the record. 1. AR -2019-4154 Proclamation for National Travel and Tourism Week This proclamation was read into the record. 3.s. Proclamations Presented Outside Chambers - None at this time 4. CITIZEN COMMENTS Hailey Vezza, 114 Orange Ave.' discussed the Edgewater Animal Shelter and what we can do to help. Bob Chew, 108 Virginia St: discussed the 112 cent sales taxes and how it could benefit the community. Gene Easter, 513Portside Cane: congratulated newly elected Councilwoman Yaney, thanked Mayor Thomas and Interim City Manager Glenn Irby for presenting the state of the city address. Also thanked Brenda and Sam for presenting about the 1/1 cent sales tax. He also believes the Council should be focusing on future city goals. Michael Visconti, 316 Pine Breeze Or: thanked the City and Council for Whistle Stop Park and is honored to have a sign representing his name. stdfE4� F"3 (MnMw7=619 City Council Meeting Minutes May 6, 2019 Bob Andrejkovics, 331 Admiralty Court: congratulated newly elected Councilwoman Yaney and thanked the City, the Council and the voters for Whistle Stop Park Elizabeth Lavelle, 1820 Hibiscus Drive: discussed a recent canal clean up that she participated in. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA None at this time. 6. CITY COUNCIL REPORTS Councilwoman Yaney reported: attending the Crystal Apple Awards. Councilwoman OKeefe reported: touring Fire Station 55 and the Police Department Reported attending a CPR course at the Fire Department, social media training at UCF, the ribbon cutting at Whistle Stop Park and the Health Hootenanny. Councilman Conroy reported.- that the Edgewater - New Smyrna Cemetary did a Veteran count and has found 1,174 Veterans on the property going back to the Civil War and believes we should start doing more to honor them. Councilwoman Power reported: attending Team Volusia Meetings, meeting with a utility rate consultant and the TPO meeting. Discussed the County joining in on a law suit regarding the Opioid epidemic. Mayor Thomas reported: attending the Tatra fundraising event, discussed a conversation he had with a Firefighter regarding overdoses and thanked Mrs. Lavatte for the work that she is doing to help the lndian River Lagoon. 7. CONSENT AGENDA A motion was made by Councilwoman Power, second by Councilman Conroy, to approve the Consent Agenda, Items 7a, b, c, a and f (item d was approved earlier after being pulled from the Consent for discussion). The MOTION was APPROVED by the following vote: Yes: 5 - Mayor Thomas, Councilwoman Power, Councilwoman Ymey, Councilwoman CiXaafe and Councilman Cannot a. AR -2019-4105 Purchase two (2) Patrol vehicles. b. AR -2019-411 l Laserfiche Upgrade to Avante C. AR -2019-4113 Interlocal Agreement of Municipal Transport Program it. AR -20194121 Community Development Block Grant (CDBG) - FY2019/2020 Proposed Annual Plans. car fFArramn PW3 Mahan 7RLlat9 City Council Meeting Minutes May 6, 2019 Pulled item 7. d. by Councilman Conroy for discussion Councilman Conroy requested Item 7d be pulled for discussion. After discussion - A motion was made by Councilwoman Power, second by Councilman Conroy, to approve the Fiscal Year 2019-2020 Annual Plans for the Community Development Block Grant (CDBG) Program. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Thomas, Councilwoman Power, Councilwoman Yaney, Councilwoman O'Keefe and Councilman Conroy e. AR -201941123 Memorandum of Agreement (MOA) between the City of Edgewater Animal Services & State of Florida, Department of Health and Volusia County Health Department L AR -2019-0125 2nd Amendment to the Library Lease Agreement with the County of Volusia S. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a. 2019-0-01 2nd Reading - Ordinance No. 2019-0-01: Glenn Stench requesting an amendment to the Official Zoning Map in include 20t acres of land located south of Two Oaks Drive and north of 27th Street as RPUD (Residential Planned Unit Development) and approval the of the associated RPUD Agreement. City Attorney Wolfe read Ordinance No. 2019-0-01 into the record. Interim City Manager Irby made a staff presentation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Ordinance No. 2019-0.01. The MOTION was APPROVED by the following vote: Yea: 5- Mayor Thomas, Councilwoman Power, Councilwoman Ymey, Councilwoman O'Keefe and Councibmn Conroy b. 2019-0-04 2nd Reading - Ordinance No. 2019-0-04: Michael Lopez requesting an amendment to the Future Land Use Map to include 160+ acres of land located west of I-95 and north of West Indian River Boulevard as Commercial with Conservation Overlay. City Attorney Wolfe read Ordinance No. 2019-0-04 into the record. Interim City Manager Irby made a staff presentation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman O'Keefe, second by Councilman Conroy, to approve Ordinance No. 2019-044. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Thomas, Councilwoman Power, Councilwoman Yaney, Councilwoman O'Keefe and Councilman Conroy CiryafEse, , Pagel M.W. s2b2a19 City Council Meeting Minutes May 8, 2019 C. 2019-0-02 2nd Reading - Ordinance No. 2019-0-02: Michael Lopez requesting an amendment to the Official Zoning Map for property located west of I-95 and north of Indian River Boulevard Extension as BPUD (Business Planned Unit Development) and approval of the associated BPUD Agreement. City Attorney Wolfe read Ordinance No. 2019-0-02 into the record. Interim City Manager Irby made a staff presentation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Ordinance No. 2019-0-02. The MOTION was APPROVED by the following vote: Yes: 5- Mayor Thomas, Councilwoman Power, Councilwoman Ymey, Councilwoman O'Keefe and Councilman Conroy d. 2019-0-03 a 2nd Reading - Ordinance No. 2019-0-03 - Modifying the Firefighters' Pension Plan by changing the definition of "Average Final Compensation" City Attorney Woo read Ordinance No. 1019-0-03 into the record. Interim City Manager Irby made a staff presentation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to continue Ordinance No. 2019-0-03 to a date certain at the June 3, 2019 Council Meeting. The MOTION was APPROVED by the following vote: Yes: 5. Mayor Thomas, Councilwoman Power, Councilwoman Yaney, Councilwoman O'Keefe and Councilman Conroy e. 2019-0-08 tat Reading of Ordinance No. 2019-0-08amending and restating Chapter 11 Business Tax Receipts and Business Regulations. City Attorney Wo fe read Ordinance No. 1019-0-08 into the record. Interim City Manager Irby made a staffpresentation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilman Conroy, second by Councilwoman O'Keefe, to approve Ordinance No. 2019-0-08 amending and restating Chapter 11 (Business Tax Receipts and Business Regulations). The MOTION was APPROVED by the following vote: Yes: 5- Mayor Thomas, Councilwoman Power, Councilwoman Yaney, Councilwoman O'Keefe and Councilman Conroy L 2019-R-03 Resolution No. 2019-R-03; Mid -Year Amended Budget for Fiscal Year 2018-2019. CieNE4. eases Rd.Ne. MM19 City Council Meeting Minutes May 9, 2019 City Attorney Wolfe read Resolution No. 1019-R-03 into the record. Finance Manager Brldgette King made a staff presentation. David O'Brian, 1104Saba1 Palm Drive: asked if the gates at Whistle Stop Park will be locked after close and if the Police officers on duty will have keys to enter the locked gates? Hailey Vena, 114 Orange Ave.asked how we are going to insure safety gear is being worn at the skate park? Cindy Black, 2713 Umbrella Tree Drive: suggested that arrant employees fill the requested maintenance worker job openings. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilman Conroy, to approve Resolution No. 2019-R-03, Mid -Year Amended Budget for Fiscal Year 2015-2019 and authorization to procure all items detailed in the Mid -Year Budget that are $50,000 or less in accordance with the Purchasing Policy. The MOTION was APPROVED by the following vote: Yes: S. Mayor Thomas, Councilwoman Power, Councilwoman Yavcy, Councilwoman O'Keefe and Councilman Conroy g. 2019-R-04 Resolution No. 2019-R-04- Supporting the one year extension to the Interlocal Agreement for Distribution of Proceeds for the Local Option Fuel Tax City Attorney Wolfe read Resolution No. 2019-R-04 into the record. Interim City Manager Irby made a staffpresentation. Mayor Thomas opened and closed the public hearing. A motion was made by Councilman Conroy, second by Councilwoman O'Keefe, to approve Resolution No. 2019-R-04 Supporting the one year extension to the Interlocal Agreement for distribution of Proceeds for the Local Option Fuel Tax. The MOTION was APPROVED by the following vote: Yea: 5 - Mayor Thomas, Councilwoman Power, Councilwoman Yang Councilwoman O'Keefe and Councilman Conroy 9. BOARD APPOINTMENTS - None at this time 10. OTHER BUSINESS - None at this time 11. OFFICER REPORTS a. City Clerk 00 ^/Edgewater Pogo 6 Ai W— 7=019 Cly Council - Meeting Minutes May 9, 2019 Kelsey Hanna reported that the Annual Police Awards Banquet is on Friday, May 17th and to let the Clerks Office know ifyou plan on anending so you can be RSVP'd. b. City Attomey First - Edgewater Fire Rescue Association Case and in that case they are seeking a Declaratory Judgment which would allow them to terminate certain contracts with the City which are open ended. It is their position that they should he able to terminate those upon reasonable notice. The City's position is that those are indefinite contracts and they should be in place as long as the Edgewater Fire Association is supporting the Edgewater Fire Department and once it stops doing that then that property should actually be deeded to the City. I filed an Answer and Affirmative Defenses to the Complaint, also sent out written discovery asking for their documents and asking them to answer certain written questions. Also, your insurance company has decided to pick up the defense of the claim under a Reservation of Rights Letter meaning that they don't feel there is any coverage for the claim as it is a non -monetary claim which is excluded under the policy but they will pay for the defense of the case so that's good news. 2nd - John Ingles vs City of Edgewater - case seeking an Injunction which would prevent the City from enforcing its Code Enforcement Action. The Plaintiff in the case was docking his boat in a canal adjacent to his property and was cited for that. Normally the proper procedure when you are unhappy with a Code Enforcement Action is to appeal that directly to the Circuit Court, instead they are trying to get an injunction in county court to prevent the City from enforcing its Code. For those reasons, I moved to dismiss the Complaint, which was granted by the Judge. The Judge gave them Leave to Amend the Complaint to try to state a cause of action which they did, I then moved to dismiss their Amended Complaint and that hearing is set for Wednesday. c. City Manager Nothing at this time. 12. CITIZEN COMMENTS Libby Lavette, 1820 Hibiscus Drive: requested a utility workshop and discussed upcoming liter cleanups. Michael Visconti, 316 Pine Breeze Dr: requested a flagpole at S.R. 442 and USI. Corrie Sapp, 2630 Travelers Palm Drive: congratulated Councilwoman Yaney and commented on the lack of attendance. Cynthia Black, 1723 Umbrella Tree Drive: congratulated Councilwoman Yaney and discussed 112 sales tax. Chplfftmen F117 ALN —la2aB19 City Council Meeting Minutes May 9, 2019 Bob Chew, 108 Virginia Street: discussed 112 sales fax and hopes the revenue generated from the tax will go towards water quality. 13. ITEMS NOT REQUIRING COUNCIL ACTION - INFORMATION ONLY (not for discussion) a. AR -2019-4124 Citizen Compliments in City Employees 14. ADJOURN There being no further business to discuss, Mayor Thomas adjourned the meeting at 8:16 p.m. Minutes submitted by: Kelsey Arcieri, Assistant to the City Clerk ATTEST. APPROVED. Robin Manisick, City Clerk/Paralegal Mike Thomas, Mayor cMNek. ews m .9alall9