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11-14-2022 - Regular104 N. Riverside Drive Edgewater, FL 32132City of Edgewater Meeting Minutes City Council 6:00 PM Council ChambersMonday, November 14, 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 Debbie Dolbow, and Councilman Jonah Powers Present:5 - City Attorney Aaron Wolfe, City Manager Glenn Irby, City Clerk Bonnie Zlotnik, and Assistant to the City Clerk Monique Toupin Also Present:4 - 2. APPROVAL OF MINUTES a.Regular Meeting - June 6, 2022 A motion was made by Councilwoman Bennington, second by Councilwoman Power, to approve the Minutes of June 6, 2022. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - b.Regular Meeting - July 11, 2022 A motion was made by Councilwoman Power, second by Councilman Powers, to approve the Minutes of July 11, 2022. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - c.Regular Meeting - August 1, 2022 A motion was made by Councilwoman Dolbow, second by Councilwoman Power, to approve the Minutes of August 1, 2022. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - d.Special Emergency Meeting - October 6, 2022 A motion was made by Councilwoman Dolbow, second by Councilwoman Power, to approve the Minutes of the October 6, 2022 Special Emergency Meeting. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - Page 1City of Edgewater Printed on 3/29/2023 November 14, 2022City Council Meeting Minutes 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a.Presentation Honoring Mayor Thomas b.Presentation Honoring Councilwoman Power 4. CITIZEN COMMENTS Mayor Thomas relayed that the Hurricane Ian Response & Recovery Meeting planned for November 10th had been rescheduled for November 28th. Chuck Martin, 205 Cherrywood Lane, thanked Mayor Thomas & Councilwoman Power for their service and Fire Chief Lariscy for his help recently; he congratulated Chas Geiger on his promotion to Police Captain and Councilwoman Dolbow on her election win. Donna Miller, 439 Palmetto Street, expressed concerns over increased flooding in her area. Teresa David, 1015 Regent Street, expressed displeasure over the maintenance of storm drains in her neighborhood; concerns over the recent flooding and the flooding over a neighboring property. Tommy Palmatier, 1202 Bond Street, spoke about his negative experiences with Hurricane Ian and his issues with the drainage. Randy Cobb, 1111 Regent Street, conveyed his dissatisfaction for the way things were handled after Hurricane Ian and the drainage in the City. Donna McDavid, 1201 & 1203 Bond Street, corroborated the previous statements from her neighbors and spoke of the lack of maintenance to the drains near her residence. Billy Farek, 1855 Pine Tree Drive, discussed flooding on his street after the Hurricanes and a vacant lot located near his property. Greg Wheeler, 432 Palmetto Street, spoke about his concerns with the Gabordy Canal and how it had affected the flooding in his area. Mayor Thomas confirmed with City Manager Irby that Residents would be able to ask questions during the November 28th meeting regarding the flooding. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA Remove item 9c from agenda 6. CITY COUNCIL REPORTS Councilman Powers had nothing at this time. Councilwoman Power asked if Council could appoint Councilwoman Dolbow as her alternate for the Page 2City of Edgewater Printed on 3/29/2023 November 14, 2022City Council Meeting Minutes TPO. Councilwoman Bennington expressed concern over Councilwoman Dolbow's schedule conflicting with the TPO meetings; Councilwoman Dolbow thanked her for the offer and said she would think about it. Mayor Thomas asked when the appointments to be made, City Clerk Zlotnik answered that it was taken care of in January. Councilwoman Bennington had nothing at this time. Councilwoman Dolbow reported that she had attended a crime watch meeting where they had given a retirement presentation for Aaron Soltz. She had toured the Edgewater Animal Shelter to see the progress of the repairs following Hurricane Ian; mentioning that Samantha Bergeron, Parks & Recreation Director and Jason O'Keefe, Assistant Director, had spearheaded getting it done, commending the Parks & Recreation crew for doing a good job. She had also toured the Wastewater Plant and thanked Staff for the educational experience. Mayor Thomas congratulated the newly elected Council members and Chas Geiger on his promotion to Police Captain. He praised members of the community for their support to each other during the recent storm, specifically Mr. Wilkie. 7. CONSENT AGENDA A motion was made by Councilman Powers, second by Councilwoman Power, to approve the Consent Agenda, excluding items 7 b and c. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - a.Authorization to issue a Purchase Order to H&H Inc. for Biosolids Transportation and Disposal and authorize Shelley ’s Environmental Systems as a substitute contractor b.Authorization to increase the Purchase Order amount for Subdivision Construction Inspection Services for the Elegant Manor Estates Subdivision. Councilwoman Dolbow confirmed with Mr. Irby that it would be the Developer paying for the fee, not the City. A motion was made by Councilman Powers, second by Councilwoman Power, to approve Consent Agenda item 7b. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - c.City Manager and City Clerk’s Compiled Performance Evaluation forms with Goals. Councilwoman Dolbow asked Mr. Irby asked if he had an improvement action plan going forward; he answered that he did. Councilwoman Power inquired if it was helpful to Mr. Irby to get feedback from Council on his performance; he confirmed that it was. Councilwoman Dolbow mentioned an issue with communication during Hurricane Ian; Mayor Page 3City of Edgewater Printed on 3/29/2023 November 14, 2022City Council Meeting Minutes Thomas stated that he had called Mr. Irby every hour throughout the storm to stay informed. Councilwoman Dolbow added that she felt Hurricane Ian was a learning experience and commended Mr. Irby for keeping Council well informed a majority of the time. Councilwoman Bennington felt that the Council should redo the evaluation form; Mayor Thomas and Councilman Powers agreed that there was some redundancy. Councilman Powers stated that it does provide a yearly opportunity to give feedback and have a conversation on performance but it was mainly a formality. Council agreed that at some point a committee should be formed in order to simplify the evaluation form. Councilwoman Power suggested ways that the City Manager could keep track of Council and communication in future storms. A motion was made by Councilwoman Bennington, second by Councilman Powers, to approve Consent Agenda 7c. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - d.Renewal of Lime Slurry Hauling and Disposal contract with KAG Specialty Products e.Authorize the City Manager to execute addendum #1 for Temporary Staffing Services (ITB 19-GS-013) for the City of Edgewater. f.Emergency Debris Monitoring Services - Addendum No. 3 with Witt O’Brien’s, LLC and Thompson Consulting Services, LLC g.Purchase of Liquid Aluminum Sulfate h.Agreement for Legal Services i.Accepting Assistance to Firefighters Grant from the Department of Homeland Security. 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a.2nd Reading - Ordinance No. 2022-O-28 - Land Development Code (LDC) text amendments to Article IX (Application Procedures) City Attorney Wolfe read the Ordinance into the record. Darren Lear, Development Services Director, provided a staff report and recommendation. Mayor Thomas opened the public hearing. Councilman Powers asked if it was a unanimous recommendation, Mr. Lear believed it was. Page 4City of Edgewater Printed on 3/29/2023 November 14, 2022City Council Meeting Minutes Councilman Powers said he felt that this was needed to regulate the amount of variances being given out. Councilwoman Power added that if someone gets denied a variance by both the Planning & Zoning Board and the City Manager, it would then come before Council who would then have to make the decision. Mr. Lear informed Council that it would actually go straight to them after the Planning & Zoning board. Councilwoman Power cautioned Council that if a variance did come to them, they should ask for a continuance on it in order to do their due diligence so they are able to make an informed, correct decision. Mayor Thomas closed the public hearing. A motion was made by Councilman Powers, second by Councilwoman Dolbow, to approve Ordinance No. 2022-O-28. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - b.Resolution No. 2022-R-37; accepting and adopting the August 23, 2022 Primary Election results. 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 asked why the delay in approving the results; City Clerk Zlotnik explained that she hadn't received the certification from the Volusia County Canvassing board until October as there had been a mix up. Mayor Thomas closed the public hearing. A motion was made by Councilwoman Dolbow, second by Councilwoman Power, to approve Resolution No. 2022-R-37. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - c.Resolution 2022-R-38 Adopting and Implementing the Southeast Volusia Regional Economic Development Strategic Plan City Attorney Wolfe read the Resolution into the record. Samantha Bergeron, Economic Development Coordinator, provided a staff report and introduced Bob Williams from the Chamber of Commerce; Mr. Williams provided a brief power point Page 5City of Edgewater Printed on 3/29/2023 November 14, 2022City Council Meeting Minutes presentation. Councilman Powers stated that while Southeast Volusia is made up of three (3) different Cities with individual elements; we all share an economy with a common goal so it's important that all the Cities are working together to create high paying, high quality jobs for residents. It's a high quality and high level plan and he's thankful for the work put into it. Councilwoman Powers added that a three (3) City coalition would get a lot more attention, not to mention Team Volusia and all the partners involved. It increases the chances of receiving grants when moving forward working as one entity. Councilman Powers asked if there would be an organized collaboration with the organizations moving forward; Mr. Williams confirmed that a Summit was planned for next year and commended City Staff for their efforts. Mayor Thomas asked for citizens comments or questions; upon receiving none, he closed the public hearing. A motion was made by Councilman Powers, second by Councilwoman Power, to approve Resolution No. 2022-R-38. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - d.Resolution 2022-R-34 Investment Policy Update 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 Power, second by Councilwoman Bennington, to approve Resolution No. 2022-R-34. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - e.Resolution No. 2022-R-35 - Approve Final Year End Budget appropriations 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 the public hearing. Councilman Power confirmed with Ms. Vaissiere that this was for the City Clerk building and Parks and Recreation projects. Page 6City of Edgewater Printed on 3/29/2023 November 14, 2022City Council Meeting Minutes Mayor Thomas closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman Bennington, to approve Resolution No. 2022-R-35. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - 9. BOARD APPOINTMENTS a.Police Pension Board - Ratification of Charles Geiger’s appointment. City Manager Irby provided a staff report and recommendation. A motion was made by Councilwoman Power, second by Councilman Powers, to Motion to ratify the appointment of Charles Geiger to the Police Pension Board for a two year term.. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - b.Economic Development Board - Councilperson Debbie Dolbow's appointment due to the expired term of Rebecca Crews who is seeking reappointment. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Dolbow, second by Councilman Powers, to reappoint Rebecca Crews to the Economic Development Board for a three year term ending July 18, 2025. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - c.Economic Development Board - Councilperson Jonah Powers' appointment due to the expired term of Clarence McCloud who is seeking reappointment. This Appointment was withdrawn. d.Economic Development Board - Mayor Thomas' appointment due to the expired term of John Ward who is seeking reappointment. A motion was made by Councilwoman Bennington, second by Councilwoman Power, to reappoint John Ward to the Economic Development Board for a three year term ending July 18, 2025. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - 10. OTHER BUSINESS a.Amended and Restated Agreement for Professional Veterinary, Shelter Operations and Management Services of the Animal Shelter Page 7City of Edgewater Printed on 3/29/2023 November 14, 2022City Council Meeting Minutes City Manager Irby provided a staff report and recommendation. Mayor Thomas opened the public hearing. Mr. Irby confirmed that there was a Vet on staff and Councilman Powers added that they were just enhancing the contract and that it was a budgeted item; it was to increase the service and the capacity. Mayor Thomas closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman Dolbow, to approve the Amended and Restated Agreement for Professional Veterinary, Shelter Operations and Management Services of the Animal Shelter. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - b.Gift Days Off Request City Manager Irby provided a staff report and recommendation. Mayor Thomas asked if this was a permanent change; Mr. Irby answered that it only applied to the current upcoming holidays. Councilwoman Powers clarified that it is only for nonessential workers; Police and Fire will still be operating. Mayor Thomas asked what the essential personnel would be given; Mr. Irby informed him that they will receive an employee appreciation day that they can use at a later date. A motion was made by Councilman Powers, second by Councilwoman Power, to approve a request by staff for two gift days off. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - 11. OFFICER REPORTS a.City Clerk City Clerk Zlotnik reminded Council that the Hurricane Ian Response and Recovery public meeting has been rescheduled for Monday, November 28th and that there will be a special meeting held before the upcoming Council Meeting to ratify the election results; after which the new Council members will be sworn in and the regular Council Meeting will commence. b.City Attorney City Attorney Wolfe provided an update on the Deborah Richards case; Councilman Powers asked if the insurance would pay for it, City Attorney Wolfe said yes and also informed Council that there is a consent to settle clause in the policy which cuts off the insurance companies liabilities at this point. If the City were to reject the settlement, they would have to pay all defense cost to proceed through the Page 8City of Edgewater Printed on 3/29/2023 November 14, 2022City Council Meeting Minutes trial. Mayor Thomas opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman Dolbow, to approve the Settlement Agreement for $7,700. The MOTION was APPROVED by the following vote: Yes:Mayor Thomas, Councilwoman Power, Councilwoman Bennington, Councilwoman Dolbow and Councilman Powers 5 - c.City Manager City Manager Irby reported that the County Council is going to review, discuss and hopefully approve the extension of Williamson Boulevard to 442; he planned on going to support the cause with Development Services Director, Darren Lear and Parks and Recreation Director, Samantha Bergeron. Councilwoman Power added that it's number 19 on the agenda and is for right-of-way approval and to determine the path it's going to take from 442. Councilman Powers stated that he thinks adding this will relieve traffic pressure. Councilwoman Power asked for an update on damages from Hurricane Ian; City Manager Irby stated that an adjustor bad been brought in and they had the figures. Mayor Thomas thanked the Council for working so diligently and respectfully together; Councilwoman Powers agreed and provided advice to the new Council. 12. CITIZEN COMMENTS Diezel Depew, 2623 Unity Tree Drive, thanked Mayor Thomas and Councilwoman Power for their years of service. Corrie Sapp, 2630 Travelers Palm Drive, complimented Sean Maroney on being an asset to the City. 14. ADJOURN There being nothing further to discuss, Mayor Thomas adjourned the meeting at 7:52 p.m. Minutes respectfully submitted by: Monique Toupin, Assistant to the City Clerk. Page 9City of Edgewater Printed on 3/29/2023