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07-11-2022 - Regular104 N. Riverside Drive Edgewater, FL 32132City of Edgewater Meeting Minutes City Council 6:00 PM Council ChambersMonday, July 11, 2022 Immediately following the Special CRA Meeting 1. CALL TO ORDER and ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION Mayor Thomas called the meeting to order at 6:12 p.m. Mayor Mike Thomas, Councilwoman Christine Power, Councilwoman Gigi Bennington, Councilwoman Debbie Dolbow, and Councilman Jonah Powers Present:5 - City Manager Glenn Irby, City Attorney Aaron Wolfe, City Clerk Bonnie Zlotnik, and Assistant to the City Clerk Monique Toupin Also Present:4 - 2. APPROVAL OF MINUTES None at this time. 3. COUNCIL APPOINTMENT a.City Council appointment to fill the unexpired term of Council District 3. *Note - Ms. Dolbow was not eligible to vote on this matter as she was not yet appointed to City Council. Each applicant provided a short presentation about themselves and their intentions to Council. Mayor Thomas asked if Mr. Kelley had withdrawn his application; City Clerk Zlotnik confirmed that he had. Mayor Thomas opened the public hearing. Councilwoman Bennington stated that she had spoken to all four (4) candidates and was impressed by all of them. Councilwoman Power said she understood that the appointment was for the interim period only; Mayor Thomas confirmed, further explaining that all four (4) candidates are running for the seat in the upcoming elections as well. Councilman Powers had no questions but thanked all the applicants for applying, expressing how impressive all of the applications they received were. He acknowledged that the residents would vote for the seat in August and then November but that this was an important decision for Council to currently make. Page 1City of Edgewater Printed on 10/21/2022 July 11, 2022City Council Meeting Minutes Councilwoman Power said it was refreshing to see people interested in running for Council; Mayor Thomas agreed and mentioned that previously candidates had run unopposed. Councilwoman Bennington seconded that she was impressed with the number of people running. Councilwoman Power explained her decision to appoint Debbie Dolbow; Councilwoman Bennington agreed with her. Mayor Thomas said he had been to Ms. Dolbow's business before and he knew they had been involved in politics previously. A motion was made by Councilwoman Power, second by Councilwoman Bennington, to appoint Deborah Dolbow for District 3. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington and Councilman Powers4 - Recused:Councilwoman Dolbow1 - 4. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a.Fire Chief Lariscy - Presentation regarding short-term rentals Councilwoman Bennington asked what kind of costs are required, Chief Lariscy said he did not know as it varies. b.Proclamation - Designating July as Park & Recreation Month 5. CITIZEN COMMENTS Leo Towsley, 2832 Unity Tree Drive, expressed his displeasure with a mayoral candidate. Corrie Sapp, 102 Louisa Drive, discussed short term rentals becoming more prevalent in Edgewater and the liabilities that may come with giving them Business Tax Receipts. Johnny Morris, 3039 Silver Palm Drive, stated his opposition and concerns about short term rentals being allowed in the City. Linda Mojer, 319 Leaning Oak Drive, asked how short term rentals requiring Business Tax Receipts will affect those with HOA's. City Manager Irby stated tentatively that they would visit HOA communities and provide them with that knowledge once they are able to. Frances Morris, 3132 Queen Palm Drive, asked if a gas station was still being planned for the empty lot by 10th street; if they were going to finish the boat dock by Boston Whaler and City sidewalks. 6. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA None at this time. 7. CITY COUNCIL REPORTS Page 2City of Edgewater Printed on 10/21/2022 July 11, 2022City Council Meeting Minutes Councilman Powers stated that he did not think Florida Shores is an appropriate place for short term rentals; however because no restrictions were put into place prior to 2011, they are restricted per State Statute to put anything in place now. Therefore, BTR's are the best option for regulation. Councilwoman Power reported that she had attended the Fourth of July fireworks; she spoke about her experiences and opinions on the Air BnB situation. Councilwoman Bennington pointed out that the short term rental situation was affecting all of the City, not just Florida Shores. She reported that she had attended and enjoyed the Fourth of July celebration and asked if the City could add signs to Veterans Park and the Animal Shelter. Councilwoman Dolbow reported that she had attended the Fourth of July and thought it had a great turn out, commending the vendors and the organizer who had put together the event. Mayor Thomas expressed his satisfaction with the Fourth of July fireworks and encouraged residents to prepare for hurricane season accordingly; urging them to not wait until the last minute. 8. CONSENT AGENDA A motion was made by Councilwoman Power, second by Councilwoman Bennington, to approve the Consent Agenda. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - a.Requesting authorization for the City Manager to enter into negotiations beginning with the top ranked firm(s) (CPH, Inc.) and award of a contract for CEI/Inspection Services for Hart Avenue Drainage and Water Main Improvements project per Terms and Conditions set forth in RFQ 22-ES-08 b.Memorandum of Agreement (MOA) between the City of Edgewater Animal Services & State of Florida, Department of Health and Volusia County Health Department c.Professional Services Agreement Renewal - Building Inspection and Plans Reviewer Services d.Purchase of Vehicle for City Electrician e.Purchase of Wastewater Treatment Chemicals from Polydyne, Inc. f.State of Florida Division of Emergency Management and the City of Edgewater grant deadline extension. 9. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a.Resolution 2022-R-10 - Fire Assessment Fee Describing Method of Assessing Cost Page 3City of Edgewater Printed on 10/21/2022 July 11, 2022City Council Meeting Minutes to Property and Initial Rate City Attorney Wolfe read the Resolution into the record. City Manager Irby provided a staff report and recommendation. Mayor Thomas opened the public hearing. Councilman Powers stated that in terms of taxable value, there was a substantial decrease during the recession that hurt public safety, the General Fund and emergency services so this is a consistent source of funding separate from taxable value. Councilwoman Power clarified that the $32,000 the City would be paying from other legally available funds was for the Disabled Veterans; City Attorney Wolfe confirmed that it was because assessment money can't be used to pay for exempt properties. Councilwoman Bennington asked what other fund the money was coming out of, Mr. Irby answered that it was the General Fund. City Manager Irby informed Council that he was incorrect; the capping is at 97,000 square feet, not 46,000. Councilwoman Dolbow asked if there was a cap on the fee the residents would be charged; Mr. Irby said it was something they would have to revisit every year to discuss. Councilwoman Dolbow inquired over the possibility of ensuring the fee can't go over a certain amount in the future; City Attorney Wolfe advised that the best time to determine that would be at the yearly reconsidering of the Resolution. Councilwoman Power explained that they were looking at lowering the Millage to offset for the fee. Mayor Thomas closed the public hearing. A motion was made by Councilwoman Power to approve Resolution No. 2022-R-10. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - b.2nd Public Hearing - Community Development Block Grant (CDBG) Small Cities Grant Program No action required on this item. Fred Fox, Fred Fox Enterprises, provided a presentation. Councilwoman Power pointed out that the City had previously been under the County for this and Page 4City of Edgewater Printed on 10/21/2022 July 11, 2022City Council Meeting Minutes had been limited to a certain amount of money; Mr. Fox explained further that if the City had an Economic Development project, it is possible to apply for up to a million and a half dollars to help with infrastructure. Councilwoman Power said it is more work on the City's part now as they aren't relying on the County to do the brunt of the work. Mayor Thomas closed the public hearing. c.Resolution No. 2022-R-13 - Authorization to implement Long Term and Short Term objectives for the City of Edgewater Community Development Plan. City Attorney Wolfe read the Resolution into the record. Mayor Thomas opened and closed the public hearing. A motion was made by Councilman Powers, second by Councilwoman Power, to approve Resolution No. 2022-R-13. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - d.Resolution No. 2022-R-14; Authorizing the use fifty thousand five hundred dollars ($50,500.00) of City of Edgewater funding as leverage for the Small Cities Neighborhood Revitalization Community Development Block Grant application. City Attorney Wolfe read the Resolution into the record. There was no staff report. Mr. Fox informed Council that this would probably be expended during the next fiscal year as the time frame for completing it would take that long. Mr. Irby expounded that this particular grant was highly competitive and the City wasn't required to put any money towards it; it is a point driven grant. The fund is in great shape and could afford it so he highly recommends. Mayor Thomas opened the public hearing. Councilwoman Power clarified that this was indeed matching funds. Councilman Power asked what would happen if they weren't awarded the grant; Mr. Irby answered that if it doesn't get awarded, the City keeps the money. Mayor Thomas closed the public hearing. A motion was made by Councilwoman Power, second by Councilman Powers, to approve Resolution No. 2022-R-14. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - Page 5City of Edgewater Printed on 10/21/2022 July 11, 2022City Council Meeting Minutes e.Resolution No. 2022-R-15; authorizing the submission of an application for the Community Development Block Grant (CDBG) Small Cities Grant Program; and authorization for the Mayor to execute all associated documents. City Attorney Wolfe read the Resolution into the record. Mr. Fox provided a report. 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-15 and authorize the Mayor to execute all associated documents. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - f.2nd Reading - Ordinance No. 2022-O-09; amending the Police Pension Plan. City Attorney Wolfe read the Resolution into the record. There was no staff report as this was a second reading. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman Bennington, to approve Ordinance No. 2022-O-09. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - g.2nd Reading - Ordinance No. 2022-O-10; Amending the General Employees’ Pension Plan City Attorney Aaron Wolfe read the Resolution into the record. There was no staff report as this was a second reading. Mayor Thomas opened and closed the public hearing. A motion was made by Councilman Powers, second by Councilwoman Power, to approve Ordinance No. 2022-O-10. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - 10. BOARD APPOINTMENTS a.Planning & Zoning Board - Councilman Powers’ appointment due to the expired term and resignation of Burton Maroney Page 6City of Edgewater Printed on 10/21/2022 July 11, 2022City Council Meeting Minutes A motion was made by Councilman Powers, second by Councilwoman Power, to appoint Chris Hatcher to the Planning and Zoning Board. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - b.Planning & Zoning Board - Mayor Thomas’ appointment due to the expired term of Robert Andrejkovics, who is seeking reappointment. A motion was made by Councilwoman Power, second by Councilwoman Bennington, to reappoint Bob Andrejkovics to the Planning and Zoning Board for a three (3) year term . The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - 11. OTHER BUSINESS a.Memorandum of Understanding Southeast Volusia Family YMCA City Manager Irby provided a staff report and recommendation. Councilman Powers reiterated that the City already owns the property and had budgeted accordingly, this is just an agreement to ensure the money is used for what is intended. Councilwoman Power pointed out that it behooves the City to have the YMCA in working condition. Leo Towsley, 2828 Unity Tree Drive, asked if the YMCA pays their own water; Mr. Irby confirmed that they did and that all City buildings pay a water bill as well that comes out of the General Fund. A motion was made by Councilwoman Power, second by Councilwoman Bennington, to approve the Memorandum of Understanding with the Southeast Volusia Family YMCA for a onetime reimbursement assistance in the amount of $75,000. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - b.SD-2202 - Cody Bogart, requesting Preliminary Plat approval for Edgewater Preserve Phase 1 Darren Lear, Development Services Director, provided a staff report and recommendation. Councilman Powers voiced concerns he had over infrastructure being placed before the preliminary plat approval. City Manager Irby explained that it was an unfortunate circumstance and he does not believe that it was done intentionally. Councilman Powers stated that he does not blame staff as he felt that approval was not waited for before work was commenced. Council agreed that the builders should not have gone forward without approval but Mr. Lear explained that there had been a pre-construction meeting and the builders had met with staff and had been granted a permit to move Page 7City of Edgewater Printed on 10/21/2022 July 11, 2022City Council Meeting Minutes forward with the work. Councilwoman Bennington said that this could not happen again and Mr. Lear assured her that there were now mechanisms in place to prevent any future issues. Councilwoman Power asked about the buffer mentioned in the PUD; Cody Bogart, Newkirk Engineering, explained the conservation areas and storm water ponds in place. Councilwoman Power clarified that she just wanted to be sure as conservation is a concern that gets voiced often. Councilwoman Bennington seconded the concern over conservation. Mayor Thomas asked who on staff was responsible for the oversight on the premature installation of the infrastructure; Mr. Lear informed him that for development they used Mead & Hunt, a private company that continually contracts with the City. Mike McQuarrie, 6 Pine Circle, Ormond Beach, with Lennar homes, provided an explanation and assurance over the issue with the oversight being discussed. Councilwoman Dolbow asked if sidewalks were to be put in the development; Mr. Lear confirmed that they were required via the PUD agreement and provided Councilwoman Dolbow with a copy of said agreement. Councilman Powers wanted to clarify that moving forward, Mead & Hunt would be the instrument used in terms of inspecting and complying with some of the PUD elements. Mayor Thomas commended Councilman Powers on noticing and bringing the issue to light. A motion was made by Councilwoman Power, second by Councilwoman Bennington, to approve SD-2202. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power and Councilwoman Bennington3 - No:Councilwoman Dolbow and Councilman Powers2 - c.Steve Jones, requesting approval to remove a 44.5-inch historic Live Oak Tree from property located at 3109 Mango Tree Drive. Darren Lear, Development Services Director, provided a staff report. Mayor Thomas asked if the tree was leaning away from the house; Mr. Lear confirmed that it was leaning towards the roadway. Steve Jones, 3109 Mango Tree Drive, said that the tree is causing damage to his foundation and his vehicles. Mayor Thomas opened the public hearing. Councilwoman Bennington asked how old the house was; Mr. Jones answered that it was 8 months old and pointed out how close the tree was located to the house. At Mayor Thomas' prompting, Mr. Jones informed Council that the estimate for tree removal he received was $5,000. He commented Page 8City of Edgewater Printed on 10/21/2022 July 11, 2022City Council Meeting Minutes that the house should not have been built so close to the tree. Councilman Powers pointed out that the Land Development Code only provided so many options; Councilwoman Bennington asked Mr. Jones if he was prepared to meet one of the requirements required if permission was granted to remove the tree. Mr. Jones said he was not as he had no knowledge of the tree being historic when he purchased the home; he would be willing to put some greenery in his yard but does not have sufficient space for the amount required. Councilwoman Power asked City Attorney Wolfe how much they could compromise with Mr. Jones; Mr. Wolfe advised that they could deem the tree hazardous to the structure and there would be no mitigation requirement. A motion was made by Councilwoman Bennington, second by Councilwoman Power, to determine the tree to be removed is in such a condition that it is hazardous to the surrounding area or structure(s) that no replacement is necessary. The MOTION was APPROVED by the following vote: Yes:Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 4 - No:Mayor Thomas1 - d.David Rasmussen, requesting approval to remove a 46-inch historic Live Oak Tree from property located at 171 West Park Avenue. Darren Lear, Development Services Director, provided a staff report and recommendation. Councilman Power clarified that the tree being removed is damaged; the property owner has agreed to pay the mitigation fee and is planning to plant more trees. A motion was made by Councilwoman Bennington, second by Councilwoman Power, to approve the request to remove a 46 inch historic Live Oak tree from property located at 171 West Park Avenue based on the required payment per Section 21-311 (number 3 of the staff report). The MOTION was APPROVED by the following vote: Yes:Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 4 - No:Mayor Thomas1 - e.Memorandum of Understanding Aldi City Manager Irby provided a staff report and recommendation. Mayor Thomas opened the public hearing. Councilwoman Dolbow asked if there was any discussion of it being taken care of without the grants as part of their PUD. Mr. Irby said no; they knew there would be damage and work to be done but they were looking at the bigger picture of the benefits Aldi would bring. Mr. Irby confirmed with Page 9City of Edgewater Printed on 10/21/2022 July 11, 2022City Council Meeting Minutes Samantha Bergeron, Environmental Services Director, that the CRA will benefit in return from this building. A motion was made by Councilwoman Power, second by Councilman Powers, to approveMemorandum of Understanding with Aldi in the amount not to exceed $84,000.. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - f.Disposal of Old Police Vehicles 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 Dolbow, to direct the City Manager to dispose of these assets by trade-in toward the purchase of seven (7) new police packaged vehicles. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - 12. OFFICER REPORTS a.City Clerk City Clerk Zlotnik reported that there is a Volusia League of Cities dinner on July 28th and requested Councils availability. b.City Attorney City Attorney Wolfe provided an update on the Ingles litigation. c.City Manager City Manager Irby had nothing at this time. 13. CITIZEN COMMENTS Councilwoman Power confirmed that there was an upcoming budget meeting on the 18th. Chuck Martin, 205 Cherrywood Lane, congratulated Councilwoman Dolbow on her appointment and thanked her for her commitment to serving the community. He congratulated Mr. Irby on supporting the Police Department and said he was proud of the job he was doing. Corrie Sapp, 102 Louisa Drive, expressed her concern and confusion over the tree situation referenced previously during the meeting. 14. ADJOURN Page 10City of Edgewater Printed on 10/21/2022 July 11, 2022City Council Meeting Minutes There being no further business to discuss, Mayor Thomas adjourned the meeting at 8:26 p.m. Page 11City of Edgewater Printed on 10/21/2022