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02-07-2022 - 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, February 7, 2022 We respectfully request that all electronic devices are set for no audible notification. 1. CALL TO ORDER and ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION Vice Mayor Bennington called the meeting to order at 6 p.m. Councilwoman Christine Power, Councilwoman Gigi Bennington, Councilwoman Megan O'Keefe, and Councilman Jonah Powers Present:4 - Mayor Mike ThomasExcused:1 - City Manager Glenn Irby, City Attorney Aaron Wolfe, and City Clerk Bonnie ZlotnikAlso Present:3 - 2. APPROVAL OF MINUTES a.Regular Meeting - July 26, 2021 A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve the Minutes of July 26, 2021. The MOTION was APPROVED by the following vote: Yes:Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 4 - Excused:Mayor Thomas1 - b.Regular Meeting - August 2, 2021 A motion was made by Councilwoman O'Keefe, second by Councilwoman Power, to approve the Minutes of August 2, 2021. The MOTION was APPROVED by the following vote: Yes:Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 4 - Excused:Mayor Thomas1 - 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a.Presentation - Gary Snider, Patriot Guard Riders, to provide an overview of their programs and services. 4. CITIZEN COMMENTS Page 1City of Edgewater Printed on 7/21/2022 February 7, 2022City Council Meeting Minutes Cindy Black, 2923 Umbrella Tree Drive, hasn't had reclaimed water in a week and had heard from someone that it had to do with the project on 442. Randy Coslow, Environmental Services Director, denied this. Ms. Black referenced the mobile home park on US1 and the recently donated property on New Hampshire; recommending that the mobile home park be moved there instead of allowing them to continue putting trailers on US1. Jim Cameron, 335 Bucknell Drive, Daytona Beach, expressed excitement over seeing the Commercial Space Industry Opportunity Overlay. He had worked with Samantha Bergeron, Parks & Recreation Director, in the past and had been a big proponent of this matter when it came before the County back in 2020. He thinks it will be positive for the County and if they received prospects in Volusia from Space Florida, it might expedite the process. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA None at this time. 6. CITY COUNCIL REPORTS Councilman Powers reported that there had been a YMCA board meeting last week; 2021 had been a good year for them and he is grateful for the work they do for the community and for Ms. Bergeron and her staff for their assistance as well. Councilman Powers asked if Council or Staff would be interested in doing an event for Arbor Day involving a tree giveaway. Councilwoman Power suggested they use the money from the tree fund for it; Mr. Irby said that they could do that. In relation to trees; Councilman Powers referenced a controlled burn that was done recently, the complaints received and what is permitted. He asked if maybe they could have a conversation over issuing permits just for fire prevention or if there are pros and cons to the environment. Vice Mayor Bennington suggested passing it on to Darren Lear, Development Services Director, to review the Code and make a recommendation because it was a good idea to keep looking at the Code and updating it. Vice Mayor Bennington asked Councilman Powers about the equipment at the YMCA after receiving complaints that it was not up to par. Councilman Powers stated that if it was regarding the pool he knew there had been supply chain issues; gym equipment inside was the YMCA's responsibility; the facility itself, the City could address. Mr. Irby confirmed that the indoor equipment was the responsibility of the YMCA's. Councilwoman Power reported that a TPO meeting had been rescheduled due to a flooding issue and that the process of finding an Executive Director was still ongoing but they had been given additional resumes to review. She reported that she plans on going to the State of the County. Councilwoman O'Keefe reported that on January 13th she had attended the Volusia League of Cities Award Banquet at the Brannon Center but she was unsure of the date of the next one; City Clerk Zlotnik informed her that it was May 26th. Councilwoman O'Keefe reminded everyone that the Princess Ball is coming up next Saturday at the YMCA, tickets are $10. Page 2City of Edgewater Printed on 7/21/2022 February 7, 2022City Council Meeting Minutes Vice Mayor Bennington asked what would happen if both she and Mayor Thomas were sick; City Manager Irby deferred to City Attorney Wolfe, who said as long as the quorum of three (3) was met, they could have a meeting. The three remaining members would have to decide who would run the meeting. 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:Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 4 - Excused:Mayor Thomas1 - a.Auditing & Related Services Continuing Services Agreement - James Moore & Co . Addendum No. 1. b.Third amendment to the interlocal agreement for fire and /or rescue service mutual aid within Volusia County. c.Requesting award of contract for the Two Inch Water Main Replacement FY 22 project to ThadCon Inc. and authorization for the City Manager to sign the necessary contract. d.Request to allow alcohol to be served, per City Ordinance Chapter 12.5, Sec. 12.5-1 (a) (2) and waive Sec. 12.5-1 (a) (3) to allow glass in Hawks Park, for a one-time event. e.Professional Services Agreement Renewal -Building Official Services f.Kiwanis Field of Honor Request for Hawks Park 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a.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. There was no staff report as this was a second reading. Vice Mayor Bennington opened and 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: Page 3City of Edgewater Printed on 7/21/2022 February 7, 2022City Council Meeting Minutes Yes:Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 4 - Excused:Mayor Thomas1 - b.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. There was no staff report as this was a second reading. Vice Mayor Bennington opened the public hearing. Cindy Black, 2923 Umbrella Tree Drive, noticed on the redistricting map that some of the properties being annexed in aren't connected to existing properties in the City of Edgewater and that they are going from eight (8) houses per acre to twelve (12); she's concerned that allowing them to put more houses per acre will lead to more flooding in the small areas. Vice Mayor Bennington said that the only thing she could answer for sure on redistricting is that the properties are not in the redistricting area because they don't have any homes; it only counts the number of homes that are built. Most of them won't affect the current redistricting, they'll likely affect the next. City Clerk Zlotnik suggested they cease speaking on redistricting until they get to that item on the agenda. Vice Mayor Bennington asked City Manager Irby if he could answer Ms. Blacks question. Mr. Irby explained that several years ago the City had entered into an Interlocal Service Boundary Agreement with the County; this allowed certain properties or areas to be annexed in despite not being contiguous to the current City limits. Councilman Powers added that in time it will all be pieced together; Mr. Irby agreed. Ms. Black said she just noticed on the redistricting map where they were annexing out in the County and she was concerned with Police and Fire having to service them. Councilwoman Power mentioned it was townhomes and that was why they were closer together; Councilwoman O'Keefe felt that more roofs meant more money and therefore more jobs for Fire and Police. Vice Mayor Bennington closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Ordinance No. 2021-O-31. The MOTION was APPROVED by the following vote: Page 4City of Edgewater Printed on 7/21/2022 February 7, 2022City Council Meeting Minutes Yes:Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 4 - Excused:Mayor Thomas1 - c.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. There was no staff report as this was a second reading. Vice Mayor Bennington opened and 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:Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 4 - Excused:Mayor Thomas1 - d.2nd Reading - Ordinance No. 2022-O-07: Redistricting the City of Edgewater for the purpose of electing City Council members. City Attorney Wolfe read the Ordinance into the record. City Manager Irby provided a staff report and recommendation. Mike Ignasiak, Chairman of the Redistricting Committee, stated he would be happy to answer any questions Council may have. He assured Council that they followed all legal precedence and requirements as stated. Councilwoman Power asked about the population numbers on the maps as they are not all even. City Attorney Wolfe did some analysis and concluded that map A is the closest, Map B is the second, followed by maps D & C. Vice Mayor Bennington asked Mr. Ignasiak to explain how they came up with their recommendation. Mr. Ignasiak said they looked at the census growth itself; this made it easy for them because basing it on the census numbers and trying to divide by population was the overall goal of the committee A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Ordinance No. 2022-O-07. The MOTION was APPROVED by the following vote: Yes:Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 4 - Excused:Mayor Thomas1 - Page 5City of Edgewater Printed on 7/21/2022 February 7, 2022City Council Meeting Minutes e.2nd Reading - Ordinance No. 2021-O-47 - Elliot Meadows, requesting an amendment to the Future Land Use Map to include two parcels totaling .53± acres of land located at 2943 and 2949 India Palm Drive as Medium Density Residential. City Attorney Wolfe read the Ordinance into the record. Darren Lear, Development Services Director, provided a staff report and recommendation. Vice Mayor Bennington asked if it would be better to zone the parcels as Commercial considering there is a restaurant and stores in close proximity to them. Mr. Lear explained that when you look at the adjacency to residential, it breaks it up. There isn't much room to build commercially. Vice Mayor Bennington opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Ordinance No. 2022-O-47. The MOTION was APPROVED by the following vote: Yes:Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 4 - Excused:Mayor Thomas1 - f.2nd Reading - Ordinance No. 2021-O-48 - Elliot Meadows, requesting an amendment to the Official Zoning Map to include two parcels totaling .53± acres of land located at 2943 and 2949 India Palm Drive as R-4 (Multi-Family Residential). City Attorney Wolfe read the Ordinance into the record. Darren Lear, Development Services Director, provided a staff report and recommendation. Vice Mayor Bennington opened the public hearing. Councilwoman Power asked about a parcel that is behind the neighborhood business to the East. Mr. Lear explained that it is a platted alley and there's not much that could be done with it. Vice Mayor Bennington closed the public hearing. A motion was made by Councilwoman O'Keefe, second by Councilman Powers, to approve Ordinance No. 2022-O-48. The MOTION was APPROVED by the following vote: Yes:Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 4 - Excused:Mayor Thomas1 - g.2nd Reading - Ordinance No. 2022-O-08 - An amendment to the City of Edgewater Comprehensive Plan’s Future Land Use Element to create a Commercial Space Industry Opportunity Overlay Page 6City of Edgewater Printed on 7/21/2022 February 7, 2022City Council Meeting Minutes City Attorney Wolfe read the Ordinance into the record. Darren Lear, Development Services Director, provided a staff report and recommendation. Vice Mayor Bennington asked how this came about; Mr. Lear stated that it was a coordinated effort and deferred to Samantha Bergeron, Economic Development Coordinator, for more background. Ms. Bergeron said this was from the Volusia County Economic Development Department who had created the overlay district last year for unincorporated areas throughout the County to help encourage commercial space industry companies, clean industry and higher paying jobs to be able to locate and get here quicker. Companies all over the world are looking to locate closer to Kennedy Space Center. The Chamber of Commerce and three (3) cities in Southeast Volusia have been working together to bring similar language to their Comp Plans to be proactive in attracting these kinds of companies and higher paying jobs to the area. Councilwoman Power asked if New Smyrna Beach and Oak Hill are underway with it as well. Ms. Bergeron gave updates on both New Smyrna Beach and Oak Hill, saying that the plan is to have everything in place before the Economic Development Summit on February 24th. Jim Cameron, 335 Bucknell Drive, Daytona Beach, said that the New Smyrna Beach Planning Board did indeed have this on their agenda for tonight and he applauded Council and Staff for a good coordinated effort. Councilman Powers thinks that preparing as much as they can to try to draw in industry, not for the sake of building but for the sake of adding jobs, is good for the City's wellbeing. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to adopt Ordinance No. 2022-O-08. The MOTION was APPROVED by the following vote: Yes:Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 4 - Excused:Mayor Thomas1 - h.Resolution 2021-R-37 for the Uniform Method of Collecting Non-Ad Valorem Special Assessments for Stormwater and Fire Services City Attorney Wolfe read the Resolution into the record. City Manager Irby provided a staff report and recommendation. Vice Mayor Bennington opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilman Powers, to approve Resolution No. 2021-R-37. The MOTION was APPROVED by the following vote: Yes:Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 4 - Page 7City of Edgewater Printed on 7/21/2022 February 7, 2022City Council Meeting Minutes Excused:Mayor Thomas1 - i.Resolution No. 2022-R-04 - Approving the Advisory Board Meetings - Order of Business and Public Participation Policy. City Attorney Wolfe read the Resolution into the record. City Manager Irby provided a staff report and recommendation. Vice Mayor Bennington opened the public hearing. Councilman Powers stated he thought it was highly valuable to have a uniform method of stating how things needed to be done and the level of professionalism that needs to be executed. Vice Mayor Bennington thought that it was done for most boards already. City Clerk Zlotnik explained that all boards have by-laws but these are specific rules of how meetings should be run and how they are to be conducted. Council commended Ms. Zlotnik on doing a good job. Vice Mayor Bennington closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Resolution No. 2022-R-04. The MOTION was APPROVED by the following vote: Yes:Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 4 - Excused:Mayor Thomas1 - j.Resolution No. 2022-R-05: City Owned Real Property to be declared surplus for donation to SE Volusia Habitat for Humanity City Attorney Wolfe read the Resolution into the record. City Attorney Wolfe provided a staff report and recommendation. Celeste Lester, 410 Quay Assisi, New Smyrna Beach, a representative for Habitat for Humanity, explained the process to get a Habitat for Humanity home and the types of homes built. She informed Council that the homeowners have to help with the build and pay taxes, the City then gets the tax revenue. Councilwoman Power stated that she has seen the property at 107 New Hampshire, acknowledging that it wasn't in good shape nor was it a big lot. Ms. Lester confirmed with Mr. Irby that it was a 50 foot lot and said that they would fit the lot. She gave a brief overview of recent homes and dedications that they've had. Councilwoman O'Keefe asked for more information on how people could get in touch with Habitat Page 8City of Edgewater Printed on 7/21/2022 February 7, 2022City Council Meeting Minutes for Humanity for possible assistance with affordable housing. Ms. Lester provided that information. Councilwoman O'Keefe asked for some literature they could possibly post in City Hall; Ms. Lester agreed and provided the website for Habitat as well. Councilwoman O'Keefe asked if local business helped and Ms. Lester said yes and then invited Council to come down and help with the homes as they are always looking for volunteers. Council went on to briefly discuss the different homes and subdivisions built by Habitat in the area. Cindy Black, 2923 Umbrella Tree Drive, said that this was an opportunity to clean up U.S. 1. The lot on New Hampshire was very small; perhaps there would be other properties the City could donate to Habitat. She expressed concerns over children living so close to U.S. 1 and the traffic. Corrie Sapp, 3630 Travelers Palm Drive, spoke about her professional experience with Habitat, she asked how the City determines surplus and the value of the land. Councilman Powers said that looking at Pine Bluff, two sides of it are contiguous with commercial space and then New Hampshire is embedded in the tiny mobile home area. He is unsure that anyone would want to come put a half a million dollar home there. Mr. Irby pointed out that there are several properties that are ill suited for half million dollar homes. Councilwoman O'Keefe thinks it's a great opportunity for the City to give back. Mr. Irby said that they did have money into the properties but by putting it back on the tax roles, they should get it back in a few years. A motion was made by Councilwoman Power, second by Councilman Powers, to approve Resolution No. 2022-R-05. The MOTION was APPROVED by the following vote: Yes:Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 4 - Excused:Mayor Thomas1 - 9. BOARD APPOINTMENTS None at this time. 10. OTHER BUSINESS a.Fire Chief requesting a temporary waiver of residency requirement Mr. Irby provided a staff report and recommendation. Vice Mayor Bennington said that if they're going to give him a temporary waiver, she would like to do it for two years just so they don't have to do it again in a year if the Fire Chief needs more time. Councilwoman O'Keefe asked if they could change the mileage parameters for the Fire Chief because she knows the Police Chief isn't required to live in the City. Mr. Irby stated that he agrees with her but it was in the Charter. Councilwoman Power asked if the Charter specifically said one Page 9City of Edgewater Printed on 7/21/2022 February 7, 2022City Council Meeting Minutes year. City Attorney Wolfe said it didn't, just that Council may impose reasonable conditions such as limits on the time of the waiver. Vice Mayor Bennington reiterated that she would feel better if it was two years to avoid having to deal with it again. Councilwoman O'Keefe asked if Fire Chief Lariscy's desire was to live in Edgewater, considering the current real estate market. Fire Chief Lariscy informed Council of his plans and said two years would be sufficient. Councilwoman Power pointed out that the Charter doesn't say anything about location as far as the waiver. City Attorney Wolfe said it doesn't and that Council could give a complete waiver or give one with reasonable conditions such as a limit on the time of the waiver. Mr. Irby reassured them that the place Chief Lariscy was looking at was not much farther than his current location. Council further discussed the waiver and time constraints. A motion was made by Councilwoman Power, second by Councilman Powers, to approve a waiver of the residency requirement for Chief Jeff Lariscy. The MOTION was APPROVED by the following vote: Yes:Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 4 - Excused:Mayor Thomas1 - 11. OFFICER REPORTS a.City Clerk City Clerk Zlotnik reminded Council of the State of the County, the Ethics Continuing Education Training, the launch party for the opening of the Yaupon Brothers Tea factory, the second Regional Economic Development Summit and the ribbon cutting for the Henry Family Sensory Park. Councilwoman O'Keefe asked if anyone could attend the ribbon cutting; Councilwoman Powers said she could. City Clerk Zlotnik informed Council of a workshop regarding stormwater fees on February 28 at 6 p.m. b.City Attorney City Attorney Wolfe provided an update on the John Ingles case. c.City Manager City Manager Irby reiterated that the Princess Ball is scheduled for Saturday and Ms. Bergeron could use help if anyone was able. Councilwoman Power said she might be able to make it to the Princess Page 10City of Edgewater Printed on 7/21/2022 February 7, 2022City Council Meeting Minutes Ball by 7; Councilwoman O'Keefe said that she and her kids could help in the morning and she could come back at night. Mr. Irby advised Council that City Hall is completely out of room and while they have tried to find affordable alternatives they have been unsuccessful. They had moved on to steel buildings and planned on getting one big enough to house the City Clerk Department and records. The location would be on Wilkinson, just off of Park Avenue. They had tried to get quotes on the building but the prices are all over the place; therefore the only thing they can do is formerly bid the process. The recommendation is for the City to build the steel building and in the future, it could be reassembled elsewhere for other uses. Council asked if the building would be insulated, hurricane proof and flood proof. Mr. Irby assured them that it would be. Councilwoman Power asked how it would work budget wise. Mr. Irby said it would be a budget amendment; he had conferred with Bridgette Vaissiere, Finance Director, that the Clerks office is a part of all of the Departments as far as all of the Departments chipping in but they're still discussing it. Councilwoman O'Keefe inquired over the estimates they had seen; Mr. Irby said they were anywhere from $53,000 to $122,500. That was why they needed specifications and a bid process. Councilwoman Power asked if City Clerk Zlotnik was going to have a part in designing the office; City Clerk Zlotnik said absolutely. Mr.Irby informed Council that they have been in talks with Miami Corp about City Hall; he doesn't have a lot of information but Miami Corp has agreed to pay for an architect 12. CITIZEN COMMENTS Cindy Black, 2923 Umbrella Tree Drive, discussed missed opportunities by the City to purchase properties at the end of 30th to try and mitigate traffic. Councilman Powers said he had already brought this up to Staff and that the property located behind Silver Palm is federally protected for conservation. The City would therefore be unable to utilize it. Ms. Black stated that she had seen roads be put in conservation areas before as a by-pass. Mr. Irby explained that there is mitigation that can be done but the City is unable to afford it. They could, in theory, use impact fee money towards something like that but then would be unable to use it elsewhere. Mr. Irby said that it would be doable and was a good idea if it wasn't wetlands. 14. ADJOURN There being no further business to discuss, Vice Mayor Bennington adjourned the meeting at 7:37 p.m. Minutes submitted by: Monique Toupin, Assistant to the City Clerk. Page 11City of Edgewater Printed on 7/21/2022 February 7, 2022City Council Meeting Minutes Page 12City of Edgewater Printed on 7/21/2022