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01-10-2022 - Regular104 N. Riverside Drive Edgewater, FL 32132City of Edgewater Meeting Minutes City Council Mike Thomas, Mayor Christine Power, District 1 Gigi Bennington, District 2 Debbie Dolbow, District 3 Jonah Powers, District 4 6:00 PM Council ChambersMonday, January 10, 2022 1. CALL TO ORDER and ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION Mayor Mike Thomas, Councilwoman Christine Power, Councilwoman Megan O'Keefe, and Councilman Jonah Powers Present:4 - Councilwoman Gigi BenningtonExcused:1 - City Manager Glenn Irby, City Attorney Aaron Wolfe, and City Clerk Bonnie ZlotnikAlso Present:3 - 2. APPROVAL OF MINUTES None at this time 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a.Presentation of 2021 Holiday Light Decorating Contest Awards Parks & Recreation Director, Samantha Bergeron, along with board member Glenn Powers, presented awards to the Holiday Light Decorating Contest winners: Residential Winner - Peter and Michelle Wood, 2825 Needle Palm Drive Citizens Choice - Shane Hogan & Megan Hutchinson, 1330 Mango Tree Drive Honorable Mention - Jim McGinnis, 2607 Willow Oak Drive Ms. Bergeron said that the photo contest winner was unable to attend but wanted to acknowledge that it was Mary Morris' photo of 3042 Silver Palm Drive. Ms. Bergeron thanked all who participated. b.Presentation of 2021 Christmas Parade Awards Parks & Recreation Director, Samantha Bergeron, presented the parade winners: Adult Service - The Rotary Club of Edgewater Youth Service - The New Smyrna Beach Middle & High School Band Most Original - The Salty Church Page 1City of Edgewater Printed on 7/21/2022 January 10, 2022City Council Meeting Minutes Most Related to Theme - Burns Science & Technology Charter School Grand Champion - Wilkies Pest Control c.Proclamation - Human Trafficking Awareness Day Mayor Thomas read the Proclamation into the record. 4. CITIZEN COMMENTS Glenn Powers, 2628 Yule Tree Drive, thanked everyone who participated in this years Wreaths Across America Ceremony. They were able to raise a significant amount of funds and were able to get 200 more wreaths than the previous year; in total, they had 810 wreaths. Mr. Powers expressed appreciation to the Fire Department and the Police Department for their help. There was representation from numerous elected officials; Senator Tom Wright, Representative Webster Barnaby who gave the prayer, County Chairman Jeff Brower and his family, Councilman Danny Robbins, and many from the surrounding City Councils. Mr. Powers acknowledged the five (5) groups that participated in raising about 60-65% of the funds: the City of Edgewaters Scholarship Program, the Spruce Creek High Young Republicans, Volusia County Teenage Republicans, US Navy Sea Cadets, and the Burns Charter Sci-tech & High School. Next year, they hope to have even more. Mr. Powers thanked the Council for attending and participating. Steve Holmes, 2410 S. Riverside Drive, representing the Rotary Club of Edgewater, stated that the Pirates on the Edge fundraiser and family day had been a wonderful time and he wanted to thank Council, City staff and the Fire/Police departments for all their help. He hopes next year they would be able to utilize Kennedy Park and part of City Hall. They are planning on November 12, 2022 and were hoping to get that spot on the calendar after more discussion down the road. Mr. Holmes also invited Mayor Thomas to represent the City against the Rotary Club in a pickle ball game. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA 6. CITY COUNCIL REPORTS Councilwoman O'Keefe reported that she had attended the Wreaths Across America Ceremony, noting that Mr. Powers had done it differently this year by only having the kids speak and it had been really great hearing from them. She thanked Mr. Powers for putting it all together. Councilman Powers attended the Wreaths Across America Ceremony and seconded all the great work put into it. He was planning to attend Team Volusia annual meeting on the 20th. Mayor Thomas asked Councilman Powers if he was going to be able to remain on Team Volusia; Councilman Powers confirmed he was. Mayor Thomas reported that for the first time since moving to Edgewater in 1978, he was finally Page 2City of Edgewater Printed on 7/21/2022 January 10, 2022City Council Meeting Minutes able to see and enjoy the whole Edgewater Christmas parade after he had volunteered to judge it alongside Councilman Powers. He reported that he had attended a meeting with Councilman Danny Robbins; there had been good attendance from Oak Hill, Edgewater and New Smyrna Beach. Due to the positive attendance and feedback; he thinks there will be another meeting with Councilman Robbins in the future. Councilwoman O'Keefe expressed her appreciation for Councilman Robbins frequent attendance at events. Mayor Thomas agreed, saying he's very proud of what Mr. Robbins has done. Mayor Thomas told Council that he had attended the Round Table meeting; they had discussed Covid vaccine updates, affordable housing initiatives and road infrastructure. The County is down $100 million on road infrastructure so they were appointing a sub-committee to look into that. They were advised on the opioid litigation; Mayor Thomas asked if the City was involved with that, Mr. Irby answered that City Attorney Wolfe would report on it. Councilwoman Power reported on the TPO's search for a director; they had been given 18 applicants to look at but had asked for more as it seemed like too small of a pool compared to what they were expecting. The search will go on for another month to look for more qualified applicants. Councilwoman Power mentioned the parade being wonderful; Mayor Thomas commended her on doing a good job. 7. CONSENT AGENDA A motion was made by Councilwoman O'Keefe, second by Councilman Powers, to approve the Consent Agenda. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman O'Keefe and Councilman Powers4 - Excused:Councilwoman Bennington1 - a.Affiliation Agreement between the City of Edgewater Fire -Rescue and Daytona State College. b.Renewal of Lien Search Services contract with Prop Logix, LLC c.FY2022 Road Resurfacing 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a.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. Mayor Thomas asked if there was any additional information despite it being a second reading; Mr. Irby said there was nothing but Staff was ready to answer any questions Council may have. Mayor Thomas opened and closed the public hearing. Page 3City of Edgewater Printed on 7/21/2022 January 10, 2022City Council Meeting Minutes A motion was made by Councilman Powers, second by Councilwoman O'Keefe, to approve Ordinance No. 2021-O-14. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman O'Keefe and Councilman Powers4 - Excused:Councilwoman Bennington1 - b.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. 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-15. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman O'Keefe and Councilman Powers4 - Excused:Councilwoman Bennington1 - c.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. 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 Councilwoman Power, to approve Ordinance No. 2021-O-16. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman O'Keefe and Councilman Powers4 - Excused:Councilwoman Bennington1 - d.2nd Reading - Ordinance No. 2021-O-30 - Adam Dionna, requesting annexation of 21.49± acres of land located west of Old Mission Rd. and south of Eslinger Rd. 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. Page 4City of Edgewater Printed on 7/21/2022 January 10, 2022City Council Meeting Minutes Mckenzie Terrill, 13739 Granger Avenue, Orlando Fl, a representative for the owner; discussed the project area, the conservation, the proposed building plans and the positive impacts and benefits for the community. Mr. Terrill briefly spoke about impact and utility connection fees paid by Developers to the City; the estimated 2021 property taxes and the City portion of property taxes. Mayor Thomas stated he visited the property and his one concern is that it is located in the Turnbull Hammock drainage system. He asked Mr. Terrill what his plans are for conservation; as they had gotten a lot of complaints from the public concerning cutting down trees. Mr. Terrill referred to his power point, showing Council the areas of the project where they were planning conservation and where they planned on having a natural oak hammock that residents would be able to picnic under; the goal there being to not touch the oak hammock itself. Mayor Thomas inquired if the only entrance was off of Old Mission Road; Mr. Terrill informed him that there would be a second emergency exit that would take people back to Old Mission. Councilwoman Power asked if there were going to be any turn lanes; Mr. Terrill answered that they will be working directly with the County to address any concerns over turn lanes. Mayor Thomas said that he had talked it over with the City Manager because he had concerns over the wetlands. However, per City Manager Irby, it seems like the project will fit like a glove with the surrounding parks and developments. Mayor Thomas would rather the City of Edgewater have it than the County; Councilwoman Power agreed that they would be more directly involved with it. Councilwoman Power asked about the possibility of affordable housing; Mr. Terrill said the intent was not to do affordable housing but to do something that was affordable to people who live in or around Edgewater. Mayor Thomas agreed that Edgewater needed affordable housing but he doesn't think they could have both in the same development; if it is a high end development. Councilwoman Power pointed out that this isn't a high end development. Mr. Terrill said it's certainly not on the more affordable level such as a mobile home or something similar but it's also not going to be that single family cost where things are easily starting to reach the mid three's ($300,000). One of the things that both the City and the Developers liked was the idea that it is more affordable compared to what is occurring in or around Edgewater with the single family homes. Councilwoman Power asked about HOA fee's, with Councilwoman O'Keefe saying she was just thinking the same thing. Mr. Terrill said there would be HOA fee's but it was far too early to tell what they would be. Councilwoman O'Keefe asked if he really thought that people would want to live in these town homes for that price. Mr. Terrill did think they would as these would be quality townhouses in a quality neighborhood that has a very natural feel to it versus a unit stacked community. Councilwoman Power said it felt like Newport Sound to her, Councilwoman O'Keefe said it reminded her of the townhomes in Venetian Bay Mayor Thomas reminded everyone that they had two more readings if they thought of anymore Page 5City of Edgewater Printed on 7/21/2022 January 10, 2022City Council Meeting Minutes questions. Mayor Thomas closed the public hearing. A motion was made by Councilwoman Power, second by Councilman Powers, to approve Ordinance No. 2021-O-30. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman O'Keefe and Councilman Powers4 - Excused:Councilwoman Bennington1 - e.2nd Reading - Ordinance No. 2021-O-31 - Adam Dionna, requesting an amendment to the Future Land Use Map to include 21.49± acres of land located west of Old Mission Rd. and south of Eslinger Rd. as High Density Residential with Conservation Overlay City Attorney Wolfe read the Ordinance into the record. Darren Lear, Development Services Director, provided a staff report and recommendation. Mr. Lear did point out that Newport sound was Section 8 housing and this would not be like that. Councilman Powers clarified for the record that Section 8 housing and affordable housing were also two different things. Mayor Thomas asked if there were any Council comments. Councilwoman Power said the future land use right now is medium urban density and this would be considered high density residential, what would the numbers be like for that. Mr. Lear said the County's Urban Medium is a maximum of eight (8) units per acre and the City's High Density Residential is a maximum of 12 units per acre. The difference is that the City requires net density so you have to back out all your wetlands, flood plain and right of way areas, which is why they've asked for higher density. Mayor Thomas closed the public hearing. A motion was made by Councilwoman O'Keefe, second by Councilwoman Power, to approve Ordinance No. 2021-O-31. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman O'Keefe and Councilman Powers4 - Excused:Councilwoman Bennington1 - f.2nd Reading - Ordinance No. 2021-O-32 - Adam Dionna, requesting an amendment to the Official Zoning Map to include 21.49± acres of land located west of Old Mission Rd. and south of Eslinger Rd. as RPUD (Residential Planned Unit Development) and approval the of the associated RPUD Agreement. City Attorney Wolfe read the Ordinance into the record. Page 6City of Edgewater Printed on 7/21/2022 January 10, 2022City Council Meeting Minutes Darren Lear, Development Services Director, provided a staff report and recommendation. Mayor Thomas opened the public hearing. Councilwoman O'Keefe asked how many units there were; Councilman Powers answered that it was 168. Councilman Powers asked if the builder had been determined yet; Mr. Terrill said no. Councilwoman O'Keefe mentioned that Mr. Terrill is from Orlando and wanted to know if they would be working with builders from there or if would try to find local builders in the Edgewater area. His answer was both; there are a few that he knew that had worked with many municipalities in the state of Florida and there were a few who are specific to this area. Councilman Powers did clarify that he knew that wasn't something they had control over; there was just a popular builder around town that he was not a big fan of. Councilwoman O'Keefe said that another concern they do hear from residents is about using plants and materials that are natural to this area, so that would probably come up down the road. Councilman Powers expressed displeasure over the name of the project being Smyrna-Creek, even though it was located in Edgewater. Mr. Terrill said he was sure they would be willing to work with them on a name. Mayor Thomas suggested Turnbull-Creek Preserve; Adam Dionna, the applicant jokingly agreed to change the name to Edgewater-Creek Preserve under the promise of 225 units. Councilman Powers asked if the 25-foot landscape buffer would remain wooded; Mr. Terrill said he believes that it would be landscaped with the wall, something Mayor Thomas liked. Councilwoman Powers' only comment was that she was happy that sewer is available there; something that had to do with the City more than the applicants. Councilman Power did want confirmation that they were maintaining the 25% conservation, with Mayor Thomas and Councilwoman O'Keefe seeking assurance that they weren't going to knock down and clear cut everything. Mr. Terrill pointed out that they would have to clear cut in order to put roads in. Councilwoman O'Keefe said to just try and preserve as many trees as they could. Mayor Thomas closed the public hearing. A motion was made by Councilwoman O'Keefe, second by Councilwoman Power, to approve Ordinance No. 2021-O-32. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman O'Keefe and Councilman Powers4 - Excused:Councilwoman Bennington1 - g.Resolution No. 2022-R-02 - George Miles, on behalf of Adam Lovell, requesting the Page 7City of Edgewater Printed on 7/21/2022 January 10, 2022City Council Meeting Minutes vacation of a portion of 23rd Street located south of 2230 Silver Palm Drive City Attorney Wolfe read the Resolution into the record. Darren Lear, Development Services Director, provided a staff report and recommendation. Mayor Thomas opened the public hearing. Councilman Powers asked if any development would need to take place where they were swapping the ditches. Mr. Lear confirmed that a new ditch would indeed have to be put in on the south end. Councilwoman O'Keefe asked if the applicant would be the one paying for it; Mr. Lear confirmed that they were. Mayor Thomas could see why the applicant would want to do that. Councilwoman Power asked if it would be considered buildable land; Mr. Lear clarified that once the land has been abandoned or vacated, it all becomes one big parcel except for the fifty feet on the south (audio cuts out).Councilwoman Power and Councilwoman O'Keefe asked if that meant he could build a house; Mr. Lear said not if it all became one parcel. Councilwoman Power pointed out that he already had two (2) houses but it was clarified that it is actually a house and a large garage. Mayor Thomas confirmed with Mr. Lear that the new drainage was going to tie into the existing ditch running north and south and that the property owners were paying for it. Brief discussion ensued over the type of fencing and what the plans are for the trees. Councilwoman Power inquired about the property to the South and if they were asked and okay with having a retention ditch next to them. Mr. Lear said he believed that they would have been notified of the hearing but would double check to ensure they were notified. Councilwoman Power clarified that the homeowner was planning to join the two parcels; Mr. Lear confirmed and pointed out that there are other big lots similar to this one in Florida Shores. Council agreed that the homeowner was getting a good deal and how perhaps the homeowner to the south might want the extra space as well. Councilman Powers inquired over if there would be an issue with where the drainage currently is if it were to get filled in or leveled out before the new drainage is developed. Mr. Lear advised that Randy Coslow, Deputy Director of Environmental Services & City Engineer, has been in contact with the owner and is aware of what is going on. Councilwoman O'Keefe asked if everyone was comfortable voting despite not knowing how the neighbors feel; Mayor Thomas said it was up to the rest of Council but he was comfortable. It was confirmed that it is a Resolution not an Ordinance, so there would be no second reading. Mayor Thomas closed the public hearing. A motion was made by Councilwoman Power, second by Councilman Powers, to approve Resolution No. 2022-R-02. The MOTION was APPROVED by the following vote: Page 8City of Edgewater Printed on 7/21/2022 January 10, 2022City Council Meeting Minutes Yes:Mayor Thomas, Councilwoman Power and Councilman Powers3 - No:Councilwoman O'Keefe1 - Excused:Councilwoman Bennington1 - h.Resolution No. 2022-R-01; Authorizing the City Council to participate in a joint meeting with the City of New Smyrna Beach City Commission and the City of Oak Hill City Commission to discuss matter of mutual interest related to economic development in southeast Volusia City Attorney Wolfe read the Resolution into the record. Mr. Irby provided a staff report and recommendation. Mayor Thomas opened and closed the public hearing, A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Resolution No. 2022-R-01. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman O'Keefe and Councilman Powers4 - Excused:Councilwoman Bennington1 - i.Resolution No. 2022-R-03 - Authorizing the Mayor to enter into an Interlocal Agreement with Volusia County regarding the use of Volusia County Regional Opioid Settlement Funds. City Attorney Wolfe read the Resolution into the record. City Attorney Wolfe provided a report and recommendation. Mayor Thomas opened the public hearing. Councilwoman Power commented that the County was basically already there in the numerical sense; Mr. Wolfe agreed and thinks they will have enough Cities participating to meet the threshold but nonetheless had invited Edgewater to join. Councilwoman Power mentioned that this came up a couple of years ago and had prompted her to ask Chief Lariscy about it. He reported that a majority of the calls both Fire and Police go on are drug related therefore she was happy for the City to just get some small part in it. Councilwoman Power asked how the funds would be distributed considering it could be $10,000. Mr. Irby said the uses were spelled out and Mr. Wolfe added that there are a large number of things the money could be put towards. Mayor Thomas added that the only Counties able to participate are qualified ones and Volusia meets the criteria. Councilwoman Power asked if there was a cost involved to take part or if the County Page 9City of Edgewater Printed on 7/21/2022 January 10, 2022City Council Meeting Minutes was taking responsibility. Mr. Wolfe reported that the County was taking the responsibility for it but the amount the City will receive is unclear at this point. A motion was made by Councilwoman O'Keefe, second by Councilman Powers, to approve Resolution No. 2022-R-03. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman O'Keefe and Councilman Powers4 - Excused:Councilwoman Bennington1 - 9. BOARD APPOINTMENTS None at this time 10. OTHER BUSINESS a.Travis Ingalsbe, requesting approval to remove a 41-inch historic Live Oak Tree from property located at 211 N. Ridgewood Avenue. Mayor Thomas asked for specifics over the trees location and the reason for removal. City Manager Irby provided a staff report and recommendation. Mayor Thomas was unsure why they wouldn't just trim it as live oak trees generally don't fall. Councilwoman Power asked City Attorney Wolfe about the legislature pertaining to tree removal; Mr. Irby clarified that if there was something wrong with the tree, that would apply but a certified arborist had indicated that there wasn't. Councilwoman Power stated that they could only remove the tree if they obtained a permit; the resident would have to follow the requirements and pay $6,000 into the tree fund, though they had never figured out what is happening with the tree fund. To Mr. Irby's understanding, that had only been required a couple of times in the past and that money is in the bank. Councilwoman Power acknowledged that but inquired over if it was the Church or the pastor making the request. Reverend Donna Blythe, 111 Lamont Street, informed Council about damage caused by the live oak on two separate occasions and just wanted to know if removal was an option. She appreciated Councils concern for the tree and will do whatever they say is permissible. The Church does have bids for both trimming and removal; they just wanted to know their options. Councilwoman Power told her that it would be cheaper to get the tree trimmed than it would be to get it removed and have to pay into the tree fund. Mayor Thomas advised Reverend Blythe to have whoever they award the bid to cut the tree a certain way to mitigate falling limbs. There was no motion, therefore this request failed. b.FP-2102 - Candice Hawks, requesting final plat approval for Majestic Oaks, Phase IV. Page 10City of Edgewater Printed on 7/21/2022 January 10, 2022City Council Meeting Minutes Darren Lear, Development Services Director, provided a staff report and recommendation. Mayor Thomas opened the public hearing. Mike McQuarrie, 6 Pine Valley Circle, informed Council that the original applicant Candice Hawks had retired. He thanked Staff for being personable, reasonable and pleasant to work with and said he could answer any questions Council might have. Mayor Thomas closed the public hearing. A motion was made by Councilwoman O'Keefe, second by Councilwoman Power, to approve FP-2102 - Candace Hawks requesting Final Plat approval for Majestic Oaks Phase 4. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman O'Keefe and Councilman Powers4 - Excused:Councilwoman Bennington1 - c.Hazard Mitigation Grant Program and the YMCA Building City Manager Irby 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 Power, to direct Staff to enter into a contract with CPH. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman O'Keefe and Councilman Powers4 - Excused:Councilwoman Bennington1 - 11. OFFICER REPORTS a.City Clerk Before the officer reports, Mayor Thomas reported that he had learned at his meeting with Councilman Robbins that the City of Edgewater has the second lowest crime rate in District 4; he expressed his pride and commended Police Chief Joe Mahoney and his officers. City Clerk Zlotnik reminded Council that the first Edgefest event of the year was a car show on Saturday, January 22nd from 10 a.m. to 1 p.m. at Hawks Park; the 2022 Princess Ball that benefits the Scholarship program is taking place on February 12th at the YMCA; and the Volusia League of Cities dinner is taking place on Thursday, January 13th at the Brannon Center for those who are attending. Councilwoman Power clarified that the Team Volusia annual meeting is on January 20th and asked when the State of the County Address was. She was informed it was on February 8th. Page 11City of Edgewater Printed on 7/21/2022 January 10, 2022City Council Meeting Minutes b.City Attorney City Attorney Wolfe provided a litigation update for the Fire Association Litigation; John Ingles vs. the City of Edgewater; and the Debra Richards case. c.City Manager City Manager had nothing at this time. 12. CITIZEN COMMENTS None at this time. 14. ADJOURN There being no further business to discuss, Mayor Thomas adjourned the meeting at 7:34 pm Minutes submitted by: Monique Toupin, Assistant to the City Clerk. Page 12City of Edgewater Printed on 7/21/2022