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05-02-2022 - 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, May 2, 2022 1. CALL TO ORDER and ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION Mayor Thomas called the meeting to order at 6:00 p.m. Mayor Mike Thomas, Councilwoman Christine Power, Councilwoman Gigi Bennington, Councilwoman Megan O'Keefe, and Councilman Jonah Powers Present:5 - 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.Proclamation - Professional Municipal Clerks Week Mayor Thomas read the Proclamation into the record. 4. CITIZEN COMMENTS April Wager, 2826 Silver Palm Drive, expressed her concerns over speeding and large trucks going down Silver Palm Drive in Florida Shores. Mayor Thomas agreed with her concerns and assured her that the Police Chief is listening. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA None at this time. 6. CITY COUNCIL REPORTS Councilwoman Bennington had nothing to report but apologized to Chief Mahoney for missing the recent Police Department banquet. Councilwoman O'Keefe had attended the Easter event; she thought it was great and thanked all the City employees for putting it together. Councilman Powers reported that he had gone to the City's first Arbor Day event where they had Page 1City of Edgewater Printed on 9/9/2022 May 2, 2022City Council Meeting Minutes planted trees and given them away; he acknowledged that it was a last minute event and thanked staff for their efforts. He had attended the Police Departments Banquet and said it was good to see all the accomplishments of the Department and the good work they're doing. Councilman Powers participated in a ride along with a police officer and commended their level of professionalism, intelligence and training. He expressed gratefulness for the officers, the leadership they have, and the City Manager and Council for supporting them. Councilwoman Power attended the Police Department Banquet and said it was eye opening, commending the Department on their camaraderie. For the TPO, she reported that the interim Director position was offered and accepted; it's a six (6) month extension but in three (3) months the new interim Director will have to share their vision for the TPO. Councilwoman Power stated she was grateful for the way the search had happened and was proud of the new interim Director. Mayor Thomas thanked Councilwoman Power for her service on the committee. 7. CONSENT AGENDA a.Approval to piggyback of City of Port Orange contract with Brown and Brown for Broker Services for Employee Insurance. b.Request approval of an emergency purchase for the replacement of damaged reclaimed water main near 17th Street and Pine Tree Drive c.Park Avenue Booster Pump Station Rehab d.Lift Station 11 Rehabilitation e.Requesting award and approval for the City Manager to execute contracts for the Appraisal and Review Appraisal Services for the Hart Avenue Drainage and Water Main Improvements project to Pomeroy Appraisal in the amount of $20,200 for the Prime Appraisal and to Kroll, LLC in the amount of $13,500 for the Review Appraisal per terms and Conditions set forth in ITB 22-ES-04. f.Bus Bench Agreement - Waverly Media - Addendum #2 g.Southeast Volusia Regional Crisis Negotiations Team (SEVRNT) Mutual Aid Agreement h.Continuous Monitoring Equipment for the Wastewater Facility A motion was made by Councilwoman Power, second by Councilman Powers, to approve the Consent Agenda. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS Page 2City of Edgewater Printed on 9/9/2022 May 2, 2022City Council Meeting Minutes a.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. There was no staff report as it was a second reading. Mayor Thomas opened and closed the public hearing. A motion was made by Councilman Powers, second by Councilwoman Power, to approve Ordinance No. 2022-O-04. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - b.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. There was no staff report as it was a second reading. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilman Powers, to approve Ordinance No. 2022-O-05. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - c.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 Drive as R-3 (Single Family Residential) City Attorney Wolfe read the Ordinance into the record. There was no staff report as it was a second reading. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman Bennington, to approve Ordinance No. 2022-O-06. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - d.1st Reading - Ordinance No. 2022-O-11 - Fire Services Special Assessment City Attorney Wolfe read the Resolution into the record. Page 3City of Edgewater Printed on 9/9/2022 May 2, 2022City Council Meeting Minutes City Manager Irby provided a staff report and recommendation. Councilman Powers said it was important to understand that the Ordinance is the framework to keep moving forward with the assessment and it allows the conversation to keep going; there will be another workshop and another reading to discuss the details. However, at this point he is not comfortable with imposing an assessment while keeping the Millage rate the same; he would like to compensate in the tax rate and look at numbers. He would also like to discuss those who qualify for exemptions. Councilwoman Bennington agreed with Councilman Powers. Councilwoman Power wasn't sure residents understood that in order for Council to continue having the discussion, it needed to be on the agenda one step at a time so they could have the conversation in public at either a workshop or Council meeting; that way the residents can give their opinion and they can have insight. Mayor Thomas opened the public hearing. Kevin Boer, 203 Parkwood Lane, stated he is opposed to any additional tax assessment or fee as he lives on the river and his taxes and flood insurance are already expensive as it is. Mayor Thomas thanked Mr. Boer for his comment and said something they learned at the last workshop is that the people on Riverside are paying a large amount of taxes when there are a lot of residents who don't pay any taxes at all. The goal of the assessment is to make it more equitable for everyone. Councilwoman Power said she also lives on Riverside and pays a lot; what Council is looking at is having a small fee possibly towards buying a fire truck, then therefore taking some off the Millage. John Gawdun, 2229 Vista Palm Drive, asked Council if the Ordinances could be found on the City website; Councilwoman Power instructed him where to go. A motion was made by Councilwoman Power, second by Councilman Powers, to approve Ordinance No. 2022-O-11. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - e.Resolution No. 2022-R-08; amending the required number of board members and quorum of the Environmental Advisory Board. City Attorney Wolfe read the Resolution into the record. City Manager Irby provided a staff report and recommendation. Page 4City of Edgewater Printed on 9/9/2022 May 2, 2022City Council Meeting Minutes Mayor Thomas confirmed with Mr. Irby that none of the board members attended the last Environmental Advisory Board meeting. City Attorney Wolfe said that if they were considering abolishing the Board, it should be a Resolution on the next agenda. Councilwoman Power felt that a motion was unnecessary seeing as they were going to look at sunsetting the Board. Councilman Powers asked how many times the Board had met its quorum; Mr. Irby didn't have those numbers. Councilman Powers expressed that he liked residents to have as many platforms as possible but they could have that conversation at a later point. Council went on to discuss the Boards ineffectiveness and agreed to discuss it at the next meeting. Mayor Thomas closed the public hearing. Resolution No. 2022-R-08 died due to lack of Motion. 9. BOARD APPOINTMENTS None at this time 10. OTHER BUSINESS a.SD-2201 - Cody Bogart, requesting Preliminary Plat approval for Riverfront Estates Darren Lear, Development Services Director, provided a staff report and recommendation. Mayor Thomas opened the public hearing. Mayor Thomas asked if this was the one represented by Glenn Storch; Mr. Lear said it was. Councilwoman Power confirmed with Mr. Lear that it was just north of Terra Mar Village. Mr. Lear assured Mayor Thomas that the eagles located at the development were being avoided and that the oak trees were being conserved. Cody Bogart, Newkirk Engineering, explained to Council about the bio-retention located along the perimeter that was put in place to save the natural vegetation; including the large specimen trees and native vegetation. He stated the eagle is still on the property; the FWC permit is to monitor it's migration pattern and if it were to appear, construction cannot happen within the radius set up. Mayor Thomas closed the public hearing. A motion was made by Councilwoman Bennington, second by Councilwoman Power, to approve the Preliminary Plat, SD-2201. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - b.SP-2201 - James Hodges, requesting site plan approval for indoor and outdoor Page 5City of Edgewater Printed on 9/9/2022 May 2, 2022City Council Meeting Minutes storage on property land located at 4175 S. Ridgewood Avenue Darren Lear, Environmental Services Director, provided a staff report and recommendation. Mayor Thomas opened the public hearing. Councilwoman Power noted that the property to the South is industrial; Mayor Thomas said he thought it was a good fit and Councilwoman Power agreed, adding that it is a very narrow piece of property. Mr. Lear informed Council that unfortunately three (3) historic trees would have to be removed in order to move forward. Councilman Powers confirmed with Mr. Lear that there is remediation for that; there would be trees replanted to compensate. Councilwoman Power is happy about the location as there won't be complaints about a storage facility in residents backyards. John Gawdun, 2229 Vista Palm Drive, received clarification over the requirements for cutting down historic trees. John Zino, 718 Navigators Way, asked if there were alternative plans that wouldn't require the removal of the historic trees. Councilwoman Bennington said no, not as the project was currently planned. Councilman Powers informed Mr. Zino that multiple historic trees would be saved. Cindy Black, 2923 Umbrella Tree Drive, referenced the trees removed in Hacienda Del Rio and suggested that a plan showing which trees were going to be saved and which trees were going to be removed might be helpful. Mayor Thomas closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman Bennington, to approve SP-2201. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - c.Police Vehicle Purchase City Manager Irby provided a staff report and recommendation. Mayor Thomas opened the public hearing. Councilwoman Power stated that she had done the math and the net cost is $36,000 per vehicle, which is a good deal considering they come kitted out. She asked if they were 2022, Police Chief Joe Mahoney said some would be 2021 but they were all new vehicles. Page 6City of Edgewater Printed on 9/9/2022 May 2, 2022City Council Meeting Minutes Councilwoman O'Keefe double checked that the vehicles would come all wired up. A motion was made by Councilwoman Power, second by Councilman Powers, to approve the budget amendment and the purchase of seven (7) police vehicles. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - d.Acceptance of a Real Property Donation from Volusia County City Manager Irby provided a staff report and recommendation. Mayor Thomas opened the public hearing. Councilwoman Power commented on the County giving the City the piece of property. Councilman Powers confirmed with Mr. Irby that it ran along the front of the chiropractic office and the house on Ocean and that it would end up being two separate parcels. Councilwoman Power asked if the parcel gets split and goes to each owner, does that get absorbed into their current parcels so it isn't a separate parcel they're going to pay taxes on? City Attorney Wolfe said he thinks it will just get added to their existing parcel number. A motion was made by Councilwoman Bennington, second by Councilwoman Power, to accept the Real Property Donation from Volusia County. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - Mr. Irby stated that all he's asking for is acceptance of the donation in order to declare it surplus so it can be given to the owners. Mayor Thomas closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman Bennington, to declare the same property that we just voted on as City surplus and direct ownership be transferred to the owner of 103 Connecticut and 102 Ocean. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - e.Purchase of New Garbage Truck City Manager Irby provided a staff report and recommendation. Mayor Thomas opened the public hearing. Councilwoman Bennington stated she received complaints that the City previously discussed buying a Page 7City of Edgewater Printed on 9/9/2022 May 2, 2022City Council Meeting Minutes used garbage truck. Councilman Powers pointed out that there is only a $31,000 difference between a new and used truck. Mayor Thomas asked how the blue and yellow garbage cans were holding up; Mr. Irby said his was holding up pretty good. Mayor Thomas asked if there were any figures on how many had broken; Randy Coslow, Environmental Services Director, said that he didn't have a figure yet but all of the cans did come with a 10 year warranty for defects; a few cans have been run over and hit by cars but it was significantly fewer than expected. He did add that the cost of the cans has almost doubled; per the Fee Resolution it is $50 per can and they might need to raise that as the cost of the new cans is $60. Councilwoman Bennington inquired if there were enough cans for all the new building happening; Mr. Coslow answered that right now there were but the lead time on them is getting longer. Mayor Thomas asked Mr. Coslow to stand up and be recognized as the new Engineer and Chief of Public Works. He then asked if it was correct that he could order a blue and yellow can to put sticks in, Mr. Coslow confirmed he could; you can have additional cans and if you wanted to use one just for yard waste; it was allowed. There is an additional cost of $50 to add the can and then a $5 monthly fee after that. Mr. Coslow recognized the new Deputy Director of Environmental Services, Jeff Thurman. A motion was made by Councilwoman Power, second by Councilman Powers, to augment the authorized amount for staff to acquire a garbage truck by $31,900 to a total of $231,900 plus trade in value of existing equipment. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - f.American Rescue Plan (ARPA) – Use of Funds City Manager Irby provided a staff report and recommendation. Councilwoman Power asked if 30,000 square feet accommodated the City Clerk and Storage; Mr. Irby said yes, Parks and Recreation as well. He was contemplating building the new City Hall where the Parks and Recreation building currently sits. Councilman Powers pointed out that the City already owned that land; Councilwoman Powers added that the savings of not having to run the Parks and Recreation building separately will help. Councilwoman Power asked what the cost would be for the additional 7,000 square feet. Mr. Irby said that is being looked at; Councilwoman Power said she'd like to see a breakdown. Mr. Irby agreed, they also had to look at the pledging that is available as he doesn't want to use property tax. Another issue is the Police Department and what they would do with it; they may incorporate it into City Hall for a time but he doesn't know. The library has also been discussed but they have a lease with the County; Councilwoman Power and Councilman Powers disagreed as a lot of people use the library. Page 8City of Edgewater Printed on 9/9/2022 May 2, 2022City Council Meeting Minutes Councilman Powers asked what was going to happen to the sewer pipe relining project as they are possibly shifting the funds from that to the new City Hall. Mr. Irby said that $1,979,418 is left; it is still less than what is needed but Congress is already trying to free up more money that supposedly can only be used for infrastructure. John Zino, 718 Navigators Way, asked where the new City Hall would be located; Mr. Irby said they weren't sure yet but the property where Parks and Recreation is located is being discussed. Mr. Zino said he was under the impression that the City Hall property could not be sold as it was dedicated by the previous owner for City use only. City Attorney Wolfe said there were initial deed restrictions but a lawsuit was filed to cancel those and it was successful, so it can be sold. Denise Dale, 908 Fernald Street, said if they were going to spend money on a new building; they should go a little bit larger than what is actually needed because the City is growing. Councilwoman Bennington clarified that it was going to be 40,000 square feet but Mr. Irby interjected that they may want more than that. Corrie Sapp, 2630 Travelers Palm Drive, commended the Council on staying professional and gave her opinion on moving City Hall to Hawks Park. Council discussed the parking situation, the park itself, and the fact that the City already owns the property. Councilwoman Power mentioned that there was a timeline for using the ARPA funds; Bridgette Vaissiere, Finance Director, explained that they had to be at least obligated by 2024 and then the final payments through by 2026 but by making the election to have that $10 million standard allowance, they were able to report already by using payroll data which freed up $10 million to use for other items. The time restrictions do still apply to the rest and it is obligated to Environmental Services. A motion was made by Councilwoman Bennington, second by Councilwoman Power, to formulate future steps to use the funds that were freed up by the ARPA funding standard allowance to construct a new City Hall and to keep the Council informed along the way as to the progress. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - 11. OFFICER REPORTS a.City Clerk City Clerk Zlotnik reported that they are trying to schedule a second workshop for the proposed Fire Assessment; they are looking either May 16th or the 23rd, Council agreed on the 23rd. She informed them that there will be a special CRA Meeting on June 6 prior to the regular Council Meeting. There is a Volusia League of Cities Annual Awards Banquet will be held in Deltona on May 26 and Ms. Zlotnik requested Councils availability. Page 9City of Edgewater Printed on 9/9/2022 May 2, 2022City Council Meeting Minutes b.City Attorney City Attorney Wolfe provided an update on the Ingles Litigation. c.City Manager City Manager Irby informed Council that short term rentals were starting to come to Edgewater; there have been complaints out of Florida Shores that they were already there and he needs to know if Council wants to do anything about it or let it be. Councilman Powers felt that Florida Shores was an inappropriate area for short term rentals. Councilwoman Power mentioned the Florida Statutes and the fact that the City cannot be more stringent than them; Mr. Irby corroborated that. Councilman Powers asked if the City could create its own district to allow it. Mr. Irby said what he wanted tonight was feedback on whether or not they want to pursue anything as it will take a concerted effort between Darren Lear, Development Services Director, himself and the City Attorney. Councilwoman Power clarified that it wasn't short term rentals that they had discussed before; it was straight up rental property. Councilwoman Bennington commented that she didn't know where they would put them; Mr. Irby said that is why they have to have this effort to determine where it would fit. If it is allowed, then they have to find zoning for it. Councilwoman Power felt that they needed to do more research on what they were allowed to do before delving into what they want to do. The rest of Council agreed. 12. CITIZEN COMMENTS John Zino, 718 Navigators Way, encouraged Council to include the Police Department in the new City Hall to consolidate services and probably save money if there is room to do so. He suggested that they check and see if the County has any vacant property that is potentially usable for the new City Hall. Denise Dale, 908 Fernald Street, agreed with Mr. Zino and asked Council not to take any City parks away. Cindy Black, 2923 Umbrella Tree Drive, asked if the public would be able to speak at the upcoming Fire Assessment workshop. Mayor Thomas and Mr. Irby informed her they would not, workshops are not necessarily for the public but they have to be accessible per State Statute. Councilman Powers confirmed that the consultant would be back for the workshop and how the Millage rate will be handled with the assessment. 14. ADJOURN There being no further business to discuss, Mayor Thomas adjourned the meeting at 7:31 p.m. Page 10City of Edgewater Printed on 9/9/2022 May 2, 2022City Council Meeting Minutes Minutes submitted by: Monique Toupin, Assistant to the City Clerk. Page 11City of Edgewater Printed on 9/9/2022