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06-06-2022 - 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, June 6, 2022 1. CALL TO ORDER and ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION Mayor Thomas called the meeting to order at 6:05 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 a.Regular Meeting - November 1, 2021 A motion was made by Councilwoman Bennington, second by Councilwoman O'Keefe, to approve the Minutes of November 1, 2021. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - b.Regular Meeting - December 6, 2021 A motion was made by Councilwoman O'Keefe, second by Councilwoman Bennington, to approve the Minutes of December 6, 2021. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a.Proclamation - NSBHS Girls Beach Volleyball Team - 2022 State Champions Mayor Thomas read the proclamation into the record. b.Proclamation - Ryan Geary - 2022 Weightlifting Individual 2022 State Champion. Mayor Thomas read the proclamation into the record. c.Proclamation - Cole Crkvenac - 2022 Track & Field Individual Javelin Throw State Page 1City of Edgewater Printed on 9/15/2022 June 6, 2022City Council Meeting Minutes Champion Mayor Thomas read the proclamation into the record. d.Proclamation - Waste and Recycling Workers Week City Attorney Wolfe read the proclamation into the record. 4. CITIZEN COMMENTS Doug Petit, a candidate for the Volusia County Council at Large, informed Council of his plans if elected. James Collier, 3033 Silver Palm Drive, discussed the Ordinance pertaining to hurricane shutters and the possibility of certain residents having to pay for a waiver of said Ordinance. Jeremy Scott, 3223 Travelers Palm Drive, thanked Council for their service and expressed his displeasure over how the water bill shut off is handled and how they could possibly handle it in the future. He also thanked Councilman Powers for returning his call and talking through his concerns. Councilwoman Power suggested that perhaps he was sent an email but wasn't sure exactly how residents were notified. Bridgette Vaissiere, Finance Director, explained some issues with notifying everyone on the shut off list. Councilman Powers advised that they could change something in the printing process itself to more adequately inform residents; Council discussed a text alert that automatically notified residents or an extra slip in the bill itself. Ms. Vaissiere said she would look into it. Council discussed the benefits of being able to warn residents before their water is shut off to avoid the additional costs for everyone. John Fioretti, 2603 Travelers Palm Drive, had a complaint about lack of communication via the City Manager and Code Enforcement not seeing eye to eye with the Building Department; citing code violations happening on Travelers Palm and an issue with DR Horton. Mary Morris, 3039 Silver Palm Drive, said she hoped Council took regulating air-bnb's & short term rentals seriously as she lives next to one and it is unpleasant. She had called the non-emergency number and Code Enforcement but the problem still remains. Council assured her that they were working on it as it was a relatively new issue that had been brought to light. Rich Dill, 2108 Mango Tree Drive, complimented the Police Department for their quick response but said that the City needs more Fire Rescue and to work on the speeding problem. Councilman Powers asked if they could discuss the DR Horton accusations; Mr. Irby said they could discuss it at a later time. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA Page 2City of Edgewater Printed on 9/15/2022 June 6, 2022City Council Meeting Minutes Mr. Irby requested to remove item 7a from the Consent Agenda. 6. CITY COUNCIL REPORTS Councilwoman O'Keefe announced that she would be resigning at the conclusion of the meeting; reading a letter she had written in relation to that. She recommended Jim Mcginnis be considered for her position. Mayor Thomas presented Councilwoman O'Keefe with a plaque to commemorate her service to the City. Mayor Thomas stated that since Councilwoman O'Keefe's resignation was a shock to most citizens, he felt as though they needed time and the ability to apply for the position. Councilwoman Bennington explained the process for appointing and the election for the residents. Mayor Thomas commended Councilwoman O'Keefe for her service; saying that she taught him a lot and provided a different point of view. He appreciates her diligence and her care for the citizens of Edgewater. City Clerk Zlotnik asked for confirmation on how they'd like the process to go; Mayor Thomas said he would like the position to be advertised so the public knows about it; Ms. Zlotnik asked if they wanted individuals to fill out an application and if they wanted all the applications received on the agenda, Council concurred that they did. Councilman Powers had nothing at this time. Councilwoman Power reported that she had a TPO Executive Committee meeting; Councilwoman Bennington asked if they had picked a director yet and Councilwoman Power said yes, someone had accepted the interim position. Councilwoman Bennington reported that she had attended the Honors Ceremony with Mr. Irby and they had given four (4) scholarships to students; she also attended a celebration for Mike Mallardi; a 98 year old veteran who received the Medal of Honor for being apart of the Ghost Army in World War II, hosted by the AmVets. 7. CONSENT AGENDA 7j pulled for discussion. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve the Consent Agenda excluding 7h and 7j. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - Page 3City of Edgewater Printed on 9/15/2022 June 6, 2022City Council Meeting Minutes a.Professional Services Agreement Renewal - Surveying Services b.Professional Services Agreement Renewal - Arborist Services c.Requesting Approval and authorization for the City Manager to enter into an agreement Precision Building Services, for Janitorial Services (RFP 22-GS-05) d.Purchase of trailer-mounted bypass pump for continuity of operations at sewage lift stations e.Request to Piggyback Volusia County’s bid for Fuel Purchases f.FEMA Technical Assistance Consulting Services g.Requesting approval of award and authorization for the City Manager to enter into an agreement with McMahan Construction Company, Inc, for Metal Grating Replacement and Concrete Repair at the Water Treatment Plant (ITB 22-ES-06) in the amount of $115,000. h.Requesting waiver of Purchasing Policy - Section VIII - Competitive Procurement for Wrecker/Towing Services i.Requesting award of and authorize for the City Manager to execute the contract to American Design Engineering Construction, Inc, in the amount of $1,948,663.81 for the Construction Services for Hart Avenue Drainage and Water Main Improvements project per terms and Conditions set forth in ITB 22-ES-03. j.Parking Agreements 4th of July Fireworks A motion was made by Councilwoman Power, second by Councilwoman Bennington, to approve item 7j. 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 a.2nd Reading - Ordinance No. 2022-O-11 - Fire Services Special Assessment City Attorney Wolfe read the Ordinance into the record. City Manager Irby provided a staff report and recommendation. Mayor Thomas opened the public hearing. Councilwoman Bennington asked if all Veterans would be covered; City Attorney Wolfe said no, just Page 4City of Edgewater Printed on 9/15/2022 June 6, 2022City Council Meeting Minutes those who qualify for a 100% exemption from Ad Valorem taxation. Mayor Thomas explained that what they're trying to do is make everything on an equal playing field amongst the citizens of Edgewater. He referenced a call from a resident who had heard an incorrect increase amount; Councilwoman Power pointed out that they're looking at adding firefighters. James Collier, 3033 Silver Palm Drive, said the amount he saw was $295 per household. Councilwoman Power and Councilwoman Bennington informed him that the $295 was the first and the highest amount on the scale that was looked at. Mr. Collier stated that the City and Council had approved all new buildings going up and that fire support had always been paid by property taxes. He asked why they couldn't go to Volusia County to ask for the additional revenue to cover what was needed. Councilwoman Bennington explained that the City had to have their own. Fire Chief Lariscy explained the auto aid agreement that the City has with the County and New Smyrna Beach. Councilwoman Power further expounded how they are trying to mitigate the non Ad Valorem taxes and the Ad Valorem taxes to gain a balance to offset the fee. At Mr. Collier's request, City Attorney Wolfe told him that this is an enabling Ordinance that would allow Council to make an exemption from the special assessment for Veterans who qualify for the 100% Ad Valorem exemption; this includes Veterans who were honorably discharged and have a service related total and permanent disability. Councilwoman Power said that the exempted Veterans aren't paying taxes right now and would not be paying the new fee either. Mayor Thomas closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, 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 - b.2nd Public Hearing - Community Development Block Grant (CDBG) Small Cities Grant Program Melissa Fox, Fox Enterprises, notified the public and Council of the City's eligibility to apply for a small Community Block Grant. No action necessary. c.2nd Reading - Ordinance No. 2022-O-09; amending the Police Pension Plan. City Attorney Wolfe read the Ordinance into the record. Page 5City of Edgewater Printed on 9/15/2022 June 6, 2022City Council Meeting Minutes City Manager Irby provided a staff report and recommendation. Mayor Thomas opened the public hearing. Councilwoman Bennington asked for clarification of the amendment; mentioning that when she was previously on the Police Pension Board, members were difficult to find. Mayor Thomas wondered if they were going to be able to get enough from the outside; Mr. Irby said that the Police Chief thinks they will. Mayor Thomas closed the public hearing. A motion was made by Councilwoman O'Keefe, second by Councilman Powers, to approve Ordinance No. 2022-O-09. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - d.2nd Reading - Ordinance No. 2022-O-10; Amending the General Employees’ Pension Plan City Attorney Wolfe read the Ordinance into the record. City Manager Irby provided a staff report and recommendation. Councilwoman O'Keefe asked if it was just to allow past employees to serve; Mr. Irby confirmed that it was. Mayor Thomas opened the public hearing. Councilwoman Bennington felt it was a good idea. Mayor Thomas closed the public hearing. A motion was made by Councilwoman O'Keefe, second by Councilwoman Bennington, to approve Ordinance No. 2022-O-10. 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-09; Mid-Year Amended Budget for Fiscal Year 2021-2022. City Attorney Wolfe read the Resolution into the record. Bridgette Vaissiere, Finance Director, 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 Bennington, to Page 6City of Edgewater Printed on 9/15/2022 June 6, 2022City Council Meeting Minutes approve Resolution No. 2022-R-09. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - f.Resolution No. 2022-R-12; Sun setting the Environmental Advisory Board City Attorney Wolfe read the Resolution into the record. City Manager 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 Bennington, to approve Resolution No. 2022-R-12. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - 9. BOARD APPOINTMENTS a.Request from the Economic Development Advisory Board to Approve Appointment(s) to the River to Sea Transportation Planning Organization (TPO) Citizen’s Advisory Committee (CAC) - Bliss Jamison with alternate Rebecca Crews City Manager Irby provided a staff report and recommendation. Mayor Thomas opened the public hearing. Councilwoman O'Keefe commented that there were strong applicants; Councilwoman Power gave a little background on Bliss Jamison with Mayor Thomas commenting that she does a good job. Mayor Thomas closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to appoint Bliss Jamison with alternate of Rebecca Crews to the Transportation Planning Organization Citizens Advisory Committee. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - 10. OTHER BUSINESS a.Request City Council Approval for Beer Garden at the Independence Day Celebration and Fireworks Event July 4, 2022 City Manager Irby provided a staff report and recommendation. Councilwoman O'Keefe said she didn't have a problem with it; Mayor Thomas asked for details of the event. Samantha Bergeron, Parks & Recreation Director, explained that for safety reasons, the Page 7City of Edgewater Printed on 9/15/2022 June 6, 2022City Council Meeting Minutes fireworks will take up the entire boat ramp at Kennedy Park so all other activities will take place at the City Hall complex. Councilwoman Power asked if there were time frame requirements for the beer garden and if they would have to advertise that. Ms. Bergeron stated that if Council wishes for the beer garden to be closed before the fireworks, they're happy to oblige. Councilwoman Bennington questioned if the space mapped out in the parking lot was sufficient enough for the beer garden; Ms. Bergeron assured her that the tent being rented and the area allocated for it was enough. Councilwoman O'Keefe asked if they were using local breweries; Ms. Bergeron informed Council that AmVets is using their liquor license for the occasion and they get their supplies through Budweiser. Councilman Power pointed out that people would have to stay in the Police protected area in order to drink; Mr. Irby stated that due to the cost of each beer, he isn't anticipating any issues. John Fioretti, 2603 Travelers Palm Drive, asked who is responsible if there is a public intoxication situation that more than one police officer is capable of handling or if ambulatory services are required. Council assured him that there would be a heavy police presence. Chief Lariscy informed Mr. Fioretti that all the Department Directors and the City Manager have created an action plan; all of those issues are resolved in writing and available to the public. Councilwoman O'Keefe stated that there would also be a heavy load of employees on duty that day as well. Ms. Bergeron advised that the AmVets bartender and volunteers are all trained to ensure that the public is not over served; it's their liability and insurance. Mr. Irby confirmed that the City is not responsible, it falls under the AmVets. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve a Beer Garden in partnership with the AmVets at the upcoming Independence Day Celebration and Fireworks Display of July Fourth 2022. The MOTION was APPROVED by the following vote: Yes:Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 4 - No:Mayor Thomas1 - b.Approval of Reimbursement to New Smyrna Beach Housing Authority Development Corporation for Affordable Housing in Edgewater City Manager Irby provided a staff report and recommendation. Councilwoman Bennington confirmed with Mr. Irby that via the agreement, they had to reimburse the money. A motion was made by Councilwoman Power, second by Councilman Powers, to approve the reimbursement of $75,000 to the Page 8City of Edgewater Printed on 9/15/2022 June 6, 2022City Council Meeting Minutes New Smyrna Beach Housing Authority Development Corporation from the CRA fund. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman O'Keefe and Councilman Powers 5 - c.Indian River Property Discussions City Manager Irby provided a staff report and recommendation. Councilwoman O'Keefe asked how much property there is and the contract price; Mr. Irby informed her that the cost was $2.4 million and it was 79.3 acres of land with the lake taking up 55.4 acres, this will give them buildable uplands of 23.9 acres. Councilwoman O'Keefe asked if it was east or west of the trucking center; Mr. Irby said it was east of it. Mayor Thomas asked if the City would have access to the lake on the property; Mr. Irby stated that if they bought it, it would belong to the City but they are waiting on a survey as Dale Williams contends that the lake does go with the property. Mayor Thomas inquired if the City could build a boat ramp and open it to the public, Mr. Irby said they would have to acquire the property first. Councilman Powers asked for clarification that the $2.4 million was just what Mr. Williams would like to receive for the property, that it wasn't in any contracts and the City was just doing its due diligence to keep moving forward with the process. Mr. Irby said that was correct. Mayor Thomas felt it was a good deal because they are running out of property and that it would be halfway between Florida Shores and the Deering Park; mentioning the offer that Deering Park had made to build a new City Hall and the City's ability to use the Covid Funds. Councilwoman O'Keefe pointed out that there is a house being rented on that property; she asked if anyone had been in contact with an appraiser and a surveyor or if there is a time limit for the appraisal because things are backed up. Mr. Irby said he had relayed those concerns to the realtor who believes it will be done this week. Mr. Irby told Council that the survey had already been ordered by Mr. Williams Councilwoman Bennington's only concern was the truck stop located next to it and it's appearance; Mr. Irby assured her that Chief Lariscy was already on top of that and they have already been cited before for violations. Council then discussed the perks of having a lake on the property. Rich Dill, 2128 Mango Tree Drive, spoke about the possibility of expanding Fire & Rescue with the purchase of such a large property, the possibility of utilizing the current City Hall property to expand parking for the boat ramp and the future City Hall location. Councilwoman Bennington commented on the need for more space for employees. Page 9City of Edgewater Printed on 9/15/2022 June 6, 2022City Council Meeting Minutes James Collier, 3033 Silver Palm Drive, asked Council if there had been an environmental assessment done; Mr. Irby assured him that there had been one done at one point and there would be another one completed. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to direct the City Manager to begin due diligence toward the purchase of land owned by Dale Williams on SR 442 and authorize the Mayor to execute the sales/purchase contract. 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 to Council that Qualifying for the 2022 General Election is being held next Monday the 13th at noon through Friday the 17th at noon for Mayor and Districts one (1) & three (3). She informed Council that June 19-22, both she and her assistant Monique would be out of the office at a conference in Orlando but records clerk Lisa Bloomer would be in the office until 2 p.m. daily. She reminded Council of a budget workshop on June 27th at 6pm, that City offices would be closed Monday July 4th and that the Council Meeting would be held on the 11th. b.City Attorney City Attorney Wolfe provided an update on the Ingles litigation. c.City Manager City Manager Irby informed Council that the owners of a piece of property on Park Place inquired if the City would be interested in purchasing the house; staff had met to discuss and believed that given the right price, it may be a good thing to consider if they are going to sell the property City Hall currently sits on as it may add value. In order to move forward with that, there would need to be two (2) appraisals and then be brought back to Council for consideration. Council gave Mr. Irby consensus to move forward. 12. CITIZEN COMMENTS Jeff Bracey, 196 Westbrook Circle, Oak Hill, expressed his support of the City buying the property off of 442 behind the truck center. 14. ADJOURN There being no further business to discuss, Mayor Thomas adjourned the meeting at 7:57 p.m. Minutes submitted by: Monique Toupin, Assistant to the City Clerk. Page 10City of Edgewater Printed on 9/15/2022 June 6, 2022City Council Meeting Minutes Page 11City of Edgewater Printed on 9/15/2022