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04-04-2022 - 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, April 4, 2022 1. CALL TO ORDER and ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION 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 None at this time. 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a.Presentation of awards to the participants/winners of the Water Conservation DropSaver Poster Contest Tyna Hilton, Environmental Services Administrator; Randy Coslow, Environmental Services Director and Jeff Thurman, Deputy Environmental Services Director, announced and presented the following awards: Certificate of Recognition for Division One (1) first place: Zaden Oldeker Ms. Hilton said that it was for kindergarten and first grade. Certificate of Recognition for second and third grade division two (2) first place: Brinley Overlan Certificate of Recognition for fourth and fifth grade division three (3) first place: Brogan Teems Certificate of Recognition for high school division five (5) first place: Kayla Cavanaugh Division five (5) honorable mention: Barbara Marie Neville. Ms. Hilton said that the artwork participants range from kindergarten to 12th grade and that it is a great way of getting education out there; she will be working to have their artwork displayed for a period of time. She thanked Mr. Thurman as this was his first Council meeting as Deputy Director Page 1City of Edgewater Printed on 9/8/2022 April 4, 2022City Council Meeting Minutes and acknowledged that it was Mr. Coslows' first meeting as Director. Vice Mayor Bennington and Mr. Coslow introduced Mr. Thurman to Council. c.Proclamation - Fair Housing Month City Attorney Wolfe read the proclamation into the record. d.Proclamation - Water Conservation Month City Attorney Wolfe read the Proclamation into the record. e.Proclamation - Arbor Day City Attorney Wolfe read the proclamation into the record. b.Presentation by James Moore Certified Public Accountants and Consultants on the Comprehensive Annual Financial Report for Fiscal Year Ended September 30, 2021 4. CITIZEN COMMENTS Herb Ratcliff, 117 E Wilkinson Avenue, expressed his displeasure over the remaining dirt roads in Florida Shores and the future plans to build a City building on Wilkinson Avenue. Vice Mayor Bennington advised that the possible construction on Wilkinson Avenue was still in the planning stages and Councilman Powers pointed out that item 7a on the Consent Agenda was geared towards dirt road reduction. Randy Coslow, Environmental Services Director, gave details on the future paving plans and informed Mr. Ratcliff that they were aware of the specific area he was referring too; it was high on their list but before they could move forward, sewers needed to be installed. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA None at the time. 6. CITY COUNCIL REPORTS Councilwoman Power reported that she had attended the Round Table of Elected Officials; there was a Legislation update and they had discussed advocacy, a possible transportation subcommittee and that the numbers for Covid were down. She provided an update on the TPO's search for an Executive Director; they were planning on recommending that the current interim Director remain in the position for another 6 months before possibly taking the position permanently. Vice Mayor Bennington had nothing at this time. Councilwoman O'Keefe reported that she had gone to the League of Cities dinner in Deland, it had been well attended and the Daytona Beach Police Department had done a great presentation on Page 2City of Edgewater Printed on 9/8/2022 April 4, 2022City Council Meeting Minutes human trafficking. Councilman Powers reported that he had attended the Team Volusia annual meeting; the key factor taken away being that the Speaker, who has spoken at numerous places and had worked with a lot of Governments, had said that Volusia County has a very well rooted and well rounded group of business owners and community leaders who are concerned about jobs and growth. Councilwoman Power thanked him for attending. 7. CONSENT AGENDA Councilman Powers stated that we have the dirt road reduction and also have the canal armoring element in here; so there is active work being done to armor those and strengthen the walls. Councilwoman Power stated that it was a small section but it was a start. a.FY2022 Dirt Road Reduction b.Approval of the AAA 2021 Traffic Safety Grant c.Florida Shores Canal Armoring: Travelers & Unity Canals d.Lift Station Emergency Pumping Capabilities e.Engineering Support for Compliance with House Bill 53 f.Replacement of Wastewater Treatment Plant Internal Recycle Channels g.Parking Agreement - Edgewater - New Smyrna Cemetery h.Addendum #1 to Extend Contractor Services Agreement for Splash Pad Maintenance at Whistle Stop Park 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 - 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a.2nd Reading - Ordinance No. 2021-O-50 - Carl Carder, requesting an amendment to the Official Zoning Map to include property located at 200 Falcon Avenue as R-3 (Single Family Residential). City Attorney Wolfe read the Ordinance into the record. There was no staff report as this was a second reading. Page 3City of Edgewater Printed on 9/8/2022 April 4, 2022City Council Meeting Minutes 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. 2021-O-50. The MOTION was APPROVED by the following vote: Yes:Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 4 - Excused:Mayor Thomas1 - b.2nd Reading - Ordinance No. 2022-O-01 - Thomas Mulligan, requesting an amendment to the Future Land Use Map to include a portion of property located at 109 East Knapp Avenue as Low Density Residential. 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 Councilman Powers, to approve Ordinance No. 2022-O-01. The MOTION was APPROVED by the following vote: Yes:Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 4 - Excused:Mayor Thomas1 - c.2nd Reading - Ordinance No. 2022-O-02 - Thomas Mulligan, requesting an amendment to the Official Zoning Map to include a portion of property located at 109 East Knapp Avenue as R-3 (Single Family Residential). 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 Councilman Powers, to approve Ordinance No. 2022-O-02. 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-03: Amending Chapter 11 (Business Tax Receipts and Business Regulations) of the Code of Ordinances by eliminating the need for solicitors to obtain a City registration, while maintaining the requirement that all solicitors obtain a permit from the County Clerk of Court. Page 4City of Edgewater Printed on 9/8/2022 April 4, 2022City Council Meeting Minutes 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. Councilman Power asked how residents would be able to confirm if a solicitor has a permit, since the City would no longer be maintaining Solicitors Permit records. City Clerk Zlotnik informed him that they would have to contact the County, they can do it by phone as she hadn't seen a portal on their website to do so. City Attorney Wolfe reported that at the last meeting, it had been asked if the City could completely ban home solicitation and upon conducting research, he found that the City cannot do that as a complete ban would conflict with the State Statute which allows solicitation with a permit. After further research on Municode; the Cities that legislate in the area have the same permitting or registration requirement that the City of Edgewater is currently doing away with. Councilwoman Power asked if it was possible to provide residents with a link and a phone number on the City website with an explanation of the changes; Ms. Zlotnik said absolutely. Councilwoman Power asked if it was possible to direct solicitors to the City website if they didn't know where to get a permit; Ms. Zlotnik said yes or they could go to the Clerk of Court website. Further discussion ensued over solicitors obtaining the county permit, residents concerns over communications between the County and the City, and the Officers' ability to write citations over a lack of permit. A motion was made by Councilwoman O'Keefe, second by Councilwoman Power, to approve Ordinance No. 2022-O-03. The MOTION was APPROVED by the following vote: Yes:Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 4 - Excused:Mayor Thomas1 - e.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 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 Councilwoman O'Keefe, to approve Ordinance No. 2022-O-08. The MOTION was APPROVED by the following vote: Page 5City of Edgewater Printed on 9/8/2022 April 4, 2022City Council Meeting Minutes Yes:Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 4 - Excused:Mayor Thomas1 - f.2nd Reading - Ordinance No. 2022-O-04 - Joseph Smith, requesting annexation of .32± acres of land located at 153 N. Cory Drive 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 what was the deciding factor to run sewer in the areas; Randy Coslow, Environmental Services Director, answered that since the homes are within the utility service area, it doesn't really matter if they are in City limits or not. It really comes down to the man power required to do the septic to sewer projects; they are actively hiring a Utility Division Manager and will hopefully have the staff needed to begin construction on the projects. They will be assessment style projects, or at least that's how they were done previously and are always a little politically difficult to do. A motion was made by Councilwoman Power, second by Councilman Powers, to approve Ordinance No. 2022-O-04. 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-05 - Joseph Smith, requesting an amendment to the Future Land Use Map to include .32± acres of land located at 153 N. Cory Drive as Low Density Residential. City Attorney Wolfe read the Ordinance into the record. Darren Lear, Development Services Director, provided a staff report and update. Vice Mayor Bennington opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman Bennington, to approve Ordinance No. 2022-O-05. The MOTION was APPROVED by the following vote: Yes:Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 4 - Excused:Mayor Thomas1 - h.2nd Reading - Ordinance No. 2022-O-06 - Joseph Smith, requesting an amendment to the Official Zoning Map to include .32± acres of land located at 153 N. Cory Page 6City of Edgewater Printed on 9/8/2022 April 4, 2022City Council Meeting Minutes Drive as R-3 (Single 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 and closed the public hearing. A motion was made by Councilwoman Power, second by Councilman Powers, to approve Ordinance No. 2022-O-06. 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.Recommendation that City Council approve and authorize the City Manager to execute the contract for Strategic Planning Update, Comprehensive Economic Development Strategy (CEDS) Update and Edgewater CRA Plan Update to Canin Associates in the amount of $74,500. City Manager Irby provided a staff report and recommendation. Vice Mayor Bennington opened the public hearing. Councilman Powers asked if this would be similar to the last process UCF had; Mr. Irby said that part of it will, yes. Councilman Powers added that this company seemed a little more comprehensive but Mr. Irby informed him that they are about the same. Councilwoman Power inquired if they would have to go through the County and have them approve the updates. Samantha Bergeron, Parks and Recreation Director, explained that when the County granted permission to create the CRA, in that Resolution, the City is required to update the plan every 5 years. Due to Covid, they are overdue so the City is expected to update the plan, submit it and present it to County Council. Councilwoman Power then asked if the money came out of the CRA or out of the general fund. Ms. Bergeron informed her that because of the way the County wrote the Resolution, no administrative costs are allowed to come from CRA funds so it has to come out of the City's general fund under Economic Development. Vice Mayor Bennington closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Page 7City of Edgewater Printed on 9/8/2022 April 4, 2022City Council Meeting Minutes the contract with Canin Associates in the amount of $74,500 and authorize the City Manager to execute the contract. The MOTION was APPROVED by the following vote: Yes:Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 4 - Excused:Mayor Thomas1 - b.Recommendation to Approve and Authorize City Manager to Execute Professional Services Agreement with Mead & Hunt for the Design and Permitting of Pickleball Courts at Hawks Park City Manager Irby provided a staff report and recommendation. Councilwoman O'Keefe hoped that there is enough parking to accommodate the amount of people eventually going to the pickleball courts. Councilman Powers asked if they were adding parking, Mr. Irby said at this time it was just the design of the pickleball courts themselves but assured that there was plenty of room for parking when the time comes. Councilwoman Power questioned if it was within the CRA but commented that it would be nice to have a range for the project in the instance that we get ECHO funding if the City is unable to afford to do the project. If it was something that went in stages, they could start with four (4) courts and double it four (4) years from now. Mr. Irby said that they could discuss it with the engineer. Councilman Power pointed out that this was being pulled from recreational impact fees. Ms. Bergeron explained the reasoning behind asking for the budget amendment; she also informed Council that the cost is actually for eight (8) pickleball courts, parking, shade structures, seating and probably an extra bathroom needed to accommodate the pickleball courts. There are seven (7) acres so there is plenty of room; it just has to be surveyed and stormwater has to be designed. Vice Mayor Bennington asked if the $18,000 is included in the $152,000; Ms. Bergeron clarified that it was in addition to because of the permitting and engineering and will probably take a year. It's a multi-year project and according to pickleball builders around the County and other Cities, you can estimate about $30-$40 thousand per court for cost of construction. Councilman Power reiterated that it is impact fees, development is paid and Vice Mayor Bennington received clarification that it was indeed a budget amendment. City Clerk Zlotnik stated for the record that Council received an email from County Councilman Danny Robbins in full support of the pickleball courts and he spoke of the great need for them. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve and authorize the City Manager to execute Agreement with Mead & Hunt and for a budget amendment of $18,239.00. The MOTION was APPROVED by the following vote: Page 8City of Edgewater Printed on 9/8/2022 April 4, 2022City Council Meeting Minutes Yes:Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 4 - Excused:Mayor Thomas1 - c.American Rescue Plan Act (ARPA) Reporting and Compliance City Attorney Wolfe provided a staff report and recommendation. Vice Mayor Bennington opened the public hearing. Councilwoman Power confirmed with Mr. Irby that the $16 - $17 thousand can be taken out of the ARPA funds of almost $12 million and that the accounting service fee is paid by the funds as well. Vice Mayor Bennington closed the public hearing. A motion was made by Councilwoman Power, second by Councilman Powers, to direct the City Manager to enter into an agreement with James Moore and Company for ARPA Reporting and Compliance Consulting services. The MOTION was APPROVED by the following vote: Yes:Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 4 - Excused:Mayor Thomas1 - d.Purchase of Used Garbage Truck City Manager Irby provided a staff report and recommendation. Councilwoman O'Keefe asked about the cost of a new garbage truck in comparison to the used one. Randy Coslow, Environmental Services Director, informed Council that the cost of a new rear loader is somewhere in the range of $230-$250 thousand. The used market is high currently due to the lack of availability of new vehicles. Councilwoman Power inquired over the cost of a 18 cubic yard truck versus the 27 cubic yard truck and if there was a large difference. Mr. Coslow said that they didn't investigate that because it wasn't the direction Council gave them. She clarified that the City was looking to replace two (2) 18 cubic yard trucks with one 27 cubic yard truck. Mr. Coslow explained that they have two (2) trucks currently out of service and being used for parts that they will trade in. They intend to keep the other trucks that are operable as long as realistically possible; the new used truck is just to buy time. There had been requests from the employees doing the work to add an additional route so that there are eight (8) trucks out there. They do plan on evaluating that as they go but with all the growth in the City happening, they might already be there. Councilwoman O'Keefe asked if the truck was being held for the city; Mr. Irby said it's probably not there anymore. Page 9City of Edgewater Printed on 9/8/2022 April 4, 2022City Council Meeting Minutes Councilwoman Power asked if they could trade in the two (2) inoperable trucks; Mr. Irby answered yes, he had spoken with Bob Iasimone and the City would be given top dollar for the trucks which will reduce the cost going out the door. Councilman Powers stated for the record that the City is looking at the trade in value for what they have but there are healthy reserves in Solid Waste. He asked if the used truck is bought while they're waiting for the new one; could they ultimately trade the used one in? Mr. Irby said they'd cross that bridge when they got there. Council discussed the difficulties with the supply chain and how long it takes to get the trucks; Mr. Irby said the trucks would be ordered by October 1 if the budget passes but it can take 18 months to get them. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to Direct staff to find and purchase a used 27 cu/yd garbage truck for a cost not to exceed $200,000. 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 that Saturday, April 9 is the Easter Eggstravaganza at Hawks Park ball field by the YMCA at 10a.m.; Ms. Bergeron asked that they get there at 9:30. Ms. Zlotnik also informed Council that on April 29, at Hawks Park there is Plant a Tree for National Arbor Day and she would be sending them a calendar invite. Councilwoman Power asked about an upcoming workshop; Ms. Zlotnik confirmed that there is a Council workshop on April 18 at 6 p.m. regarding the Fire Assessment. Ms. Zlotnik advised Council that she would be out of state at the end of next week and the beginning of the following week. b.City Attorney City Attorney Wolfe provided an update on the John Ingles Vs. The City of Edgewater case and the Deborah Richards case. c.City Manager City Manager Irby updated Council on the 18 grants currently being worked on; they are valued at $25,920,514 and the match is 2.4% of that which is $626,932. They are across everything; there is a Page 10City of Edgewater Printed on 9/8/2022 April 4, 2022City Council Meeting Minutes house the City is trying to buy and will buy when the money comes through, a generator for the Code Enforcement building, the Hart Avenue drainage improvements, the G2 AND G11 canal improvements, Hurricane Loss Mitigation Program, retrofit Fire Station 57, retrofit the Code Enforcement house, and Veterans Park infrastructure. There are 11 pending grants totaling $17,657,750 with a potential City match of 21% or $3,705,250. That includes a generator for lift station two (2) and several other things. There is a Grant Writer now who is working diligently to secure as many as possible. Councilwoman Power questioned if the Hart Avenue was a DEO project and thought the City had already been awarded that grant. Mr. Irby said it had been awarded and was currently being worked through. She asked if there was time limit; Mr. Coslow confirmed that the City had asked for an extension on the grant as it had been set to expire in November of 2022; the DEO agreed to extend the deadline to November of 2023 but there may be need for one more after that. Vice Mayor Bennington commended Julie Christine, Human Resources Director, on doing a great job putting together former Environmental Services Director Brenda Dewees' retirement party. Councilwoman Power added that DOT was implementing some kind of wrong way driver improvements on the ramps of 95 to hopefully prevent accidents. 12. CITIZEN COMMENTS None at this time. 14. ADJOURN There being no further business to discuss, Vice Mayor Bennington adjourned the meeting at 7:31p.m. Minutes Submitted by: Monique Toupin, Assistant to the City Clerk. Page 11City of Edgewater Printed on 9/8/2022