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02-06-2023 - Regular104 N. Riverside Drive Edgewater, FL 32132City of Edgewater Meeting Minutes City Council 6:00 PM Council ChambersMonday, February 6, 2023 1. CALL TO ORDER and ROLL CALL, PLEDGE OF ALLEGIANCE, INVOCATION Mayor Depew called the meeting to order at 6 pm. Mayor Diezel DePew, Councilwoman Charlotte Gillis, Councilwoman Debbie Dolbow, and Councilman Jonah Powers Present:4 - Councilwoman Gigi BenningtonExcused:1 - 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 None at this time. 3. PRESENTATIONS/PROCLAMATIONS/PLAQUES/CERTIFICATES/DONATIONS a.Certificate of Completion of the Institute for Elected Municipal Officials I presented to Councilman Jonah Powers b.Proclamation - Presented to Linda Cuthbert 4. CITIZEN COMMENTS Eric Rainbird, 118 San Remo Drive, spoke about his issues with the policing of the new developments going in and the ramifications for the residents of Edgewater. Darwin Rathbun, 131 Highland Avenue, spoke about issues with fire hydrants in the City. Linda Cuthbert, 1810 Red Rock Road, began discussing an item on the Consent Agenda but was advised to refrain until that part of the meeting. Mark Mallo, 639 Coral Trace Boulevard, asked if Council knew when New Smyrna Beach would be improving Riverside Drive; he was told to contact that municipality. Theresa David, 1015 Regent Street, spoke of the ponds in town; what the City should do preemptively for flooding in the future and the need for updated information in reference to stormwater. Chuck Martin, 205 Cherrywood Lane, stated his dissatisfaction with the leadership in Environmental Page 1City of Edgewater Printed on 6/16/2023 February 6, 2023City Council Meeting Minutes Services and volunteered his services in regards to ditches. Donna McDavid, 1201 Bond Street, questioned a lack of action regarding stormwater maintenance in Edgewater and an unfulfilled Public Records Request. John O'Connell, Edgewater, had the opportunity to volunteer at the Princess Ball and thanked Staff for their efforts; he commended Brandi Matzek for doing a great job at planning events. 5. APPROVAL OR CHANGES/MODIFICATIONS TO THE AGENDA A motion was made by Councilman Powers, second by Councilwoman Dolbow, to remove item 7j from Consent Agenda. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Dolbow and Councilman Powers4 - Excused:Councilwoman Bennington1 - 6. CITY COUNCIL REPORTS Councilwoman Dolbow had enjoyed the Princess Ball, noting that it is the largest fundraiser for the Edgewater Scholarship Fund. Councilman Powers reported that he had attended the Volusia League of Cities dinner and the Princess Ball; he thanked Staff for their efforts towards events. Mayor Depew reported that alongside City Manager Irby, he had attended a breakfast with neighboring Mayors and City Managers; he had attended the Southeast Volusia Chamber of Commerce meeting; he had attended a League of Cities seminar for newly elected Municipal Officials with Councilwoman Gillis; he had met with the residents of Regent and Bond street with the City Manager and the Fire Chief; he had attended a New Smyrna Beach Council meeting and a political Executive Community meeting; he had enjoyed dinner with Senator Tom Wright at Guiesseppes; he had been a guest on WSBB's radio station; he thanked Parks and Recreation Director Samantha Bergeron for giving him a tour; he had participated in a ride along with Officer Nugent and thanked the Police Departments for their service; he had met the Fire Department and participated in a ride along; he had a wonderful meeting with Mayor Cleveland of New Smyrna Beach; he had attended the Burns-Sci Tech business showcase; he had attended the Volusia League of Cities dinner; he had participated in a ride along with the Refuse Department; he had participated in a Mayors call with Mayors from surrounding communities and had attended the Elected Officials Roundtable with Mr. Irby; he had enjoyed the introduction to the Police Citizens Academy; he had attended the Chamber of Commerce Business Expo; he had gone to the car show in Edgewater; he had gone to the Indian River Winterfest with Councilwoman Gillis and had spoken to the students at Burns-Sci Tech being inducted into the National Honor Junior Society. Councilwoman Gillis had completed both online and in person orientation through the League of Cities for Newly Elected Municipal Officials; she had toured the wastewater and water treatment plant, commending the employees who work there; she had participated in the WSBB radio program Page 2City of Edgewater Printed on 6/16/2023 February 6, 2023City Council Meeting Minutes with Mayor Depew; she had begun attending all the PTA and SAC meetings in Edgewater to figure out what the local schools need; she had attended the Institute for New Elected Municipal Officials with Councilwoman Dolbow and Mayor Depew; she had attended the TPO meeting; she had participated in Readers during Literacy week at Indian River; she had attended the Indian River Winterfest; she had participated in the Council Orientation; she had attended the Volusia League of Cities dinner; she had toured the Fire Stations and had gone on a ride along; she had attended the Citizens Police Academy; she had attended the New Smyrna Beach CAPS where they honor new Cuda achievers to raise money for scholarships; She had judged the Chamber of Commerce Home & Garden Show alongside Mayor Depew; she had attended the CAPS spaghetti dinner where they raise scholarship money for local kids; she thanked the Parks & Recreation Department for their efforts with the Princess Ball and the car show. 7. CONSENT AGENDA A motion was made by Councilman Powers, second by Councilwoman Dolbow, to approve the Consent Agenda with the exception to items e, f, and j. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Dolbow and Councilman Powers4 - Excused:Councilwoman Bennington1 - a.Request to approve auto renewal terms of the agreement with Automated Merchant Systems for merchant processing via piggyback of City of Ormond Beach contract resulting from their Bid No. 2019-30 b.FARO Traffic Homicide & Crime Scene System c.Request authorization for the City Manager to enter into negotiations beginning with the top ranked firm(s) (Mead and Hunt) and execute the contract for CDBG -MIT Design and CEI Services for the G2-G11 Canal Improvement Project per Terms and Conditions set forth in RFQ 23-ES-02. d.Accepting the Firehouse Subs Public Safety Foundation Grant e.Requesting award and authorization for the City Manager to issue a Purchase Order to Enviro Safety Products in the amount of $38,699.43 per terms and Conditions set forth in ITB 23-FD-05 for Technical/Wildland gear for the City of Edgewater Fire Department City Manager Irby provided a staff report. Councilman Powers expressed concerns over the way the bid was posted and if the large cost difference between bids reflected the quality of the equipment. Fire Chief Lariscy assured Council that he and the Purchasing Agent for Edgewater had both researched the equipment and its level of quality and it is FEMA approved. Page 3City of Edgewater Printed on 6/16/2023 February 6, 2023City Council Meeting Minutes Councilwoman Dolbow asked for clarification over the price differences; Chief Lariscy explained that the company they are looking to award the bid to sells the items in a kit, not individually; essentially they took what their kit costs and divided it by the amount of items the City is purchasing. The company has been approved by FEMA. Councilman Powers asked if wild land gear was consistent across the board; Chief Lariscy said that there was an NFPA standard and these products met those. Councilwoman Dolbow was still unsure of the low prices in the bids; Mr. Irby said that these companies do nothing but bids so everything is reputable, they just know how to win the bid process. The company is also out of California; a state known for wildfires. They can't question them on the quality of their products but they can and had made sure it met FEMA standards. Councilwoman Dolbow made a motion to re-bid with clarification; Mr. Irby interjected to confirm with Chief Lariscy that there was a deadline for this particular grant. Chief Lariscy said that there was a deadline; he was just unsure of exactly when it was. He further assured Council that the company had met all standards; there was nothing to indicate that they didn't. Mr. Irby pointed out that the City's requirement is the lowest responsive bidder. A motion was made by Councilman Powers, second by Councilwoman Gillis, to approve item 7e. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis and Councilman Powers3 - No:Councilwoman Dolbow1 - Excused:Councilwoman Bennington1 - f.Professional Services Agreement Renewal -Building Official Services City Manager Irby provided a staff report. Councilman Powers asked what the cost was to approve the contract for one (1) annual year; Mr. Irby deferred to Darren Lear, Development Services Director, who informed him that the Chief Building Official gets $80/hour. Councilman Powers asked what was budgeted for the position; Mr. Lear answered that he's allowed up to 32 hours per his contract and is in office three (3) days a week. Councilman Powers surmised that the amount was the going rate for that position. Councilman Powers concern lies in the customer service aspect and that he's heard there is a backlog in the Building Department for inspections. He asked Mr. Lear if Mike Garret, the Chief Building inspector, does the plan reviews as well; Mr. Lear said that Universal helps with that and that there are currently 3 active full time building inspectors. Councilman Powers asked about the wait time for inspections; Mr. Lear said they have had no complaints and that they tried to get out as soon as possible, sometimes commercial or residential building does take longer. Page 4City of Edgewater Printed on 6/16/2023 February 6, 2023City Council Meeting Minutes Councilman Powers stated that he's concerned over decisions being made while the Chief Building Official is not in office; he'd like the City to move away from private providers and instead have full time staff. City Manager Irby asked if Council would like to move forward with having a full time Chief Building Official; Council agreed. A motion was made by Councilman Powers, second by Councilwoman Dolbow, to approve item 7f. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Dolbow and Councilman Powers4 - Excused:Councilwoman Bennington1 - g.Theresa Cameron, applicant, is requesting a Special Activity permit application fee waiver on behalf of Indian River Elementary for the “Heart of a Manatee” 5K Run special event. h.Marlin A. Bigelow II, applicant, is requesting a Special Activity permit application fee waiver for the Band on the Run 5K fundraiser event to be held on February 25, 2023. i.Stormwater pipe lining by Shenandoah General Construction LLC j.Acceptance of FDEP Resilient Florida Grant for Vulnerability Assessment and Adaptation Action Plan k.Superion LLC Agreement Renewal 8. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS a.2nd Reading - Ordinance No. 2023-O-01 - Elliot Meadows, requesting annexation of .30± acres of land located on North Cory Drive City Attorney Wolfe read the Ordinance into the record. There was no staff report as this was a second reading. Mayor Depew opened and closed the public hearing. A motion was made by Councilman Powers, second by Councilwoman Dolbow, to approve Ordinance No. 2023-O-01. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Dolbow and Councilman Powers4 - Excused:Councilwoman Bennington1 - b.2nd Reading - Ordinance No. 2023-O-02 - Elliot Meadows, requesting an amendment to the Future Land Use Map to include .30± acres of land located on Page 5City of Edgewater Printed on 6/16/2023 February 6, 2023City Council Meeting Minutes North Cory Drive as Low Density Residential. City Attorney Wolfe read the Ordinance into the record. There was no staff report as this was a second reading. Mayor Depew opened and closed the public hearing. A motion was made by Councilwoman Dolbow, second by Councilwoman Gillis, to approve Ordinance No. 2023-O-02. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Dolbow and Councilman Powers4 - Excused:Councilwoman Bennington1 - c.2nd Reading - Ordinance No. 2023-O-03 - Elliot Meadows, requesting an amendment to the Official Zoning Map to include .30± acres of land located on North Cory Drive 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. Mayor Depew opened and closed the public hearing. A motion was made by Councilwoman Dolbow, second by Councilman Powers, to approve Ordinance No. 2023-O-03. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Dolbow and Councilman Powers4 - Excused:Councilwoman Bennington1 - d.2nd Reading - Ordinance No. 2023-O-04 - Carl Carder, requesting annexation of .06± acres of land located on Pelican Drive City Attorney Wolfe read the Ordinance into the record. There was no staff report as this was a second reading. Mayor Depew opened and closed the public hearing. A motion was made by Councilwoman Dolbow, second by Councilman Powers, to approve Ordinance No. 2023-O-04. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Dolbow and Councilman Powers4 - Excused:Councilwoman Bennington1 - e.2nd Reading - Ordinance No. 2023-O-05 - Carl Carder, requesting an amendment to the Future Land Use Map to include.06± acres of land located on Pelican Drive as Commercial. Page 6City of Edgewater Printed on 6/16/2023 February 6, 2023City Council Meeting Minutes City Attorney Wolfe read the Ordinance into the record. There was no staff report as this was a second reading. Mayor Depew opened and closed the public hearing. A motion was made by Councilman Powers, second by Councilwoman Dolbow, to approve Ordinance No. 2023-O-05. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Dolbow and Councilman Powers4 - Excused:Councilwoman Bennington1 - f.2nd Reading - Ordinance No. 2023-O-06 - Carl Carder, requesting an amendment to the Official Zoning Map to include.06± acres of land located on Pelican Drive as B-3 (Highway Commercial) City Attorney Wolfe read the Ordinance into the record. There was no staff report as this was a second reading. Mayor Depew opened and closed the public hearing. A motion was made by Councilman Powers, second by Councilwoman Gillis, to approve Ordinance No. 2023-O-06. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Dolbow and Councilman Powers4 - Excused:Councilwoman Bennington1 - g.2nd Reading - Ordinance No. 2023-O-07 - Jeffrey Arndt, requesting annexation of .34± acres of land located at 3509 Rock Oak Trail City Attorney Wolfe read the Ordinance into the record. There was no staff report as this was a second reading. Mayor Depew opened and closed the public hearing. A motion was made by Councilwoman Dolbow, second by Councilman Powers, to approve Ordinance No. 2023-O-07. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Dolbow and Councilman Powers4 - Excused:Councilwoman Bennington1 - h.2nd Reading - Ordinance No. 2023-O-08 - Jeffrey Arndt, requesting an amendment to the Comprehensive Plan Future Land Use Map to include property located at 3509 Rock Oak Trail as Low Density Residential Page 7City of Edgewater Printed on 6/16/2023 February 6, 2023City Council Meeting Minutes City Attorney Wolfe read the Ordinance into the record. There was no staff report as this was a second reading. Mayor Depew opened and closed the public hearing. A motion was made by Councilman Powers, second by Councilwoman Dolbow, to approve Ordinance No. 2023-O-08. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Dolbow and Councilman Powers4 - Excused:Councilwoman Bennington1 - i.2nd Reading - Ordinance No. 2023-O-09 - Jeffrey Arndt, requesting an amendment to the Official Zoning Map to include .34± acres of land located at 3509 Rock Oak Trail 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. Mayor Depew opened and closed the public hearing. A motion was made by Councilwoman Dolbow, second by Councilwoman Gillis, to approve Ordinance No. 2023-O-09. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Dolbow and Councilman Powers4 - Excused:Councilwoman Bennington1 - j.2nd Reading - Ordinance 2023-O-10: Amending the Police Officer’s Pension Plan to eliminate the line of duty health insurance benefit. City Attorney Wolfe read the Ordinance into the record. There was no staff report as this was a second reading. Mayor Depew opened the public hearing. Peg Tanner, 231 Los Demas, asked what it meant to eliminate the line of duty health insurance benefit. Mr. Irby explained that per state statute, there are certain injuries that a Police Officer or Firefighter can sustain in their everyday duties; at one point the City went above those statutes and increased their benefits. In time, that particular change to the Ordinance was going to be detrimental financially to the City so they had asked the Police & Fire Unions to take those extras out. The people who were previously covered under that Ordinance will remain covered but new hires will not be. Councilman Powers stated for the record; this was something both unions agreed upon and that if a Page 8City of Edgewater Printed on 6/16/2023 February 6, 2023City Council Meeting Minutes Police Officer or Firefighter becomes 100% disabled, the state would pay for their health insurance. Mayor Depew closed the public hearing. A motion was made by Councilman Powers, second by Councilwoman Dolbow, to approve Ordinance No. 2023-O-10. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Dolbow and Councilman Powers4 - Excused:Councilwoman Bennington1 - k.2nd Reading - Ordinance 2023-O-11; amending the Firefighter’s Pension Plan by eliminating the line of duty health insurance benefit. City Attorney Wolfe read the Ordinance into the record. There was no staff report as this was a second reading. Mayor Depew opened the public hearing. Councilwoman Gillis reiterated that this was something that the unions had agreed upon. Mayor Depew closed the public hearing. A motion was made by Councilwoman Dolbow, second by Councilwoman Gillis, to approve Ordinance No. 2023-O-11. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Dolbow and Councilman Powers4 - Excused:Councilwoman Bennington1 - l.2nd Reading - Ordinance No. 2023-O-12: Amending Chapter 8 (Comprehensive Emergency Management Plan and Disaster Preparedness ), of the Code of Ordinances by adding Section 8-19 (Emergency Housing) City Attorney Wolfe read the Ordinance into the record. There was no staff report as this was a second reading. Mayor Depew opened the public hearing. Peg Tanner, 231 Los Demos, asked what they meant by emergency housing; Mr. Irby explained that if your home is deemed uninhabitable, FEMA would offer temporary housing on the property if there is enough room. Ms. Tanner asked if Edgewater had a shelter available during storms; Mr. Irby said that they rely on the County to assist in that endeavor. Edgewater does not because no buildings in the City meets the requirements for being a shelter and there are no current plans to build a structure. Page 9City of Edgewater Printed on 6/16/2023 February 6, 2023City Council Meeting Minutes Councilman Powers further explained that under the current code, residents are unable to live in recreational vehicles in their driveways, this would allow them to do that under declaration of emergency if their house is deemed uninhabitable. Susan Paolillo, 122 E. Turgot Avenue, asked if it was only FEMA trailers allowed during an emergency or if residents could purchase their own to use; Mr. Irby said he could not answer that question currently as this Ordinance only pertains to FEMA operations. In the City's code, it is not permitted; however due to the recent hurricanes, they are allowing it. Linda Cuthbert, 1810 Red Rock Road, stated that there are two schools in the area that operate as hurricane shelters; New Smyrna Beach High School is open if it's a category two (2) and Chisholm Elementary is open if it's a category three (3). They are open to all citizens in the County but only as long as necessary and there are no cots or showers; transportation is done by Volusia County buses when needed. She noted that there is usually a school set aside for medical and a school set aside for pets. John O'Connell, Edgewater, expressed his disapproval for the FEMA trailers and said that if they wanted to adopt a Comprehensive Emergency plan for emergency housing, he recommended the YMCA or working with local realtors and churches. Hayley Vezza, 220 Wildwood Drive, spoke about lower income communities having difficulties commuting to and from work from shelters during natural disasters and felt as though Edgewater should push for their own shelters and allowances for disaster relief in the future to avoid issues. Councilman Powers agreed with Edgewater having their own shelter but pointed out that the YMCA does not meet FEMA requirements for a shelter. He does believe that this program is important and that in the future if need be; it can be extended. Councilwoman Gillis asked what requirements the local schools would have to meet in order to be considered a shelter besides having a generator; Mr. Irby said they have to be wind rated amongst a plethora of other things as well and neither of the Elementary schools meet those requirements. A motion was made by Councilwoman Dolbow, second by Councilman Powers, to approve Ordinance No. 2023-O-12. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Dolbow and Councilman Powers4 - Excused:Councilwoman Bennington1 - m.2nd Reading - Ordinance No. 2023-O-13 - Land Development Code (LDC) text amendments to Article IV (Resource Protection Standards) City Attorney Wolfe read the Ordinance into the record. Darren Lear, provided a staff report and recommendation. Page 10City of Edgewater Printed on 6/16/2023 February 6, 2023City Council Meeting Minutes Mayor Depew opened the public hearing and closed the public hearing. A motion was made by Councilman Powers, second by Councilwoman Dolbow, to approve Ordinance No. 2023-O-13. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Dolbow and Councilman Powers4 - Excused:Councilwoman Bennington1 - n.Resolution No 2023-R-05 Purchasing Policy - Update City Attorney Wolfe read the Resolution into the record. Bridgette Vaissiere, Finance Director, provided a staff report and recommendation. Mayor Depew opened the public hearing. Councilman Powers asked if increasing from $25,000 to $50,000 was the threshold for taking something out for bids; Ms. Vaissiere confirmed it was. He then asked how many quotes were required; Ms. Vaissiere informed him that for $5,000-$15,000 it was three (3) informal quotes and for $15,000-$50,000 would require three (3) formal quotes in writing. Anything above that amount would then be a formal solicitation process. Councilman Powers asked if they were required to take the lowest quote at that point; Ms. Vaissiere explained that when it's an invitation to bid, it is the lowest price; however there are sometimes requests for a proposal or for qualifications, therefore price wouldn't be the only variable. Councilman Powers questioned if purchasing was part of the yearly auditing process and if there was an independent source confirming that everything is compliant with State Statute; Ms. Vaissiere said they are looking at various policies to ensure that the City is compliant but they mainly are looking to see if the City is following their own policies while also reviewing the various federal and statutory requirements. Mayor Depew closed the public hearing. A motion was made by Councilman Powers, second by Councilwoman Dolbow, to approve Ordinance No. 2023-O-10132. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Dolbow and Councilman Powers4 - Excused:Councilwoman Bennington1 - o.Resolution 2023-R-04 Approval and Execution of an Agreement with the FDOT Highway Maintenance Memorandum Agreement Contract # ASF54-R1 City Attorney Wolfe read the Resolution into the record. City Manager Irby provided a staff report and recommendation. Page 11City of Edgewater Printed on 6/16/2023 February 6, 2023City Council Meeting Minutes Mayor Depew opened the public hearing. Councilman Powers noted that this has been the same cost and agreement since 2019; he asked what the negotiation process regarding FDOT looked like. Mr. Irby answered that he had discussed the same thing with Samantha Bergeron, Parks and Recreation Director, and they both feel as those negotiations would go nowhere and that the City stands to ultimately lose the contract and control. Councilwoman Gillis further clarified that the City was taking care of the upkeep currently and would like to continue doing that; to avoid FDOT taking that away, they are agreeing to the terms. Mr. Irby said yes and that there would be future discussions had on the topic as well. A motion was made by Councilman Powers, second by Councilwoman Dolbow, to approve Resolution No. 2023-R-04. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Dolbow and Councilman Powers4 - Excused:Councilwoman Bennington1 - p.Resolution No. 2022-R-06: Raising issues regarding the State Road 442/Interstate 95 Interchange and supporting the request to the River to Sea Transportation Planning Organization [TPO] to place improvements for said interchange on the TPO priority project list City Attorney Wolfe read the Resolution into the record. City Manager Irby provided a staff report and recommendation. Mayor Depew opened the public hearing. Glenn Storch, 420 S. Nova Road, Daytona Beach, representative to some of the neighboring property owners of the interchange; Mr. Storch spoke of the importance of safety to all parties involved but noted that unless this is on a priority list, they are unable to do anything. Therefore; DOT has asked to move this forward via public support. The Resolution presented tonight would do that and neighboring cities would be asked to do the same. Mr. Storch asked for letters of support towards the cause. He suggested that the continuance of the bike trail that runs along 442 could help with getting support from DOT as they have money for bike trails. Mike Lopez, 2401 Swordfish Lane, expressed his support for the project. Jim Fox, 115 E. Turgot Avenue, expressed his disapproval of the project to avoid further development into the City. Glenn Storch, 420 S. Nova Road, explained the safety issues regarding the interchange and why it is in the best interest for the City of Edgewater. Page 12City of Edgewater Printed on 6/16/2023 February 6, 2023City Council Meeting Minutes Councilman Powers stated that from personal experience, he believes that the issue is not the new homes coming into Edgewater; it is what is already in the City. He credited former Councilwoman Christine Power and the TPO for getting a stoplight added to help avoid traffic being back up. Councilwoman Dolbow agreed with the interchange being a safety hazard and is happy that the City has a seat on the TPO to give the City a voice and get the issue resolved.Councilwoman Gillis agreed with her fellow Councilmembers; she likes the idea of updating what it currently in place to prevent further issues. Mayor Depew expressed discomfort for approving the Resolution as he wasn't aware of it. Mr. Irby explained that by waiting, they risk missing out as there are deadlines approaching; Councilman Powers and Councilwoman Gillis clarified that this was just asking for this issue to be put on their priority list. Mayor Depew closed the public hearing. A motion was made by Councilwoman Dolbow, second by Councilman Powers, to approve Resolution No. 2023-R-06. The MOTION was APPROVED by the following vote: Yes:Councilwoman Gillis, Councilwoman Dolbow and Councilman Powers3 - No:Mayor DePew1 - Excused:Councilwoman Bennington1 - 9. BOARD APPOINTMENTS a.Recreation & Cultural Services Board - Councilwoman Bennington ’s appointment of CarolAnn Jeronimo due to open seat since May 2021. City Manager Irby explained that this would normally be done by Councilwoman Bennington but she is excused from the meeting; Councilman Powers received clarification from Mr. Irby that any Councilmember may make a motion. Mayor Depew opened the public hearing. Council unanimously agreed that Ms. Geronimo is a great candidate for the board. Mayor Depew closed the public hearing. A motion was made by Councilman Powers, second by Councilwoman Dolbow, to appoint CarolAnn Jeronimo to the Recreation & Cultural Services Board for a three -year term. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Dolbow and Councilman Powers4 - Excused:Councilwoman Bennington1 - Page 13City of Edgewater Printed on 6/16/2023 February 6, 2023City Council Meeting Minutes b.Recreation & Cultural Services Board - Councilwoman Dolbow ’s appointment due to the expired term of Tiffany Evers who is seeking reappointment. Councilwoman Dolbow reported that she knows Ms. Evers is very active in the community and is an asset to the board. Mayor Depew opened and closed the public hearing. A motion was made by Councilwoman Dolbow, second by Councilman Powers, to appoint Tiffany Evers to the Recreation & Cultural Services Board for reappointment. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Dolbow and Councilman Powers4 - Excused:Councilwoman Bennington1 - c.Recreation & Cultural Services Board - Councilman Powers’ appointment due to the expired term of Glenn Powers who is seeking reappointment. Mayor Depew opened the public hearing. Councilman Powers noted that he is of no relation to Mr. Powers but commended him on all that he has done for the community through Wreaths Across America and the Recreation & Cultural Services Board. Mayor Depew Closed the public hearing. A motion was made by Councilman Powers, second by Councilwoman Dolbow, tto reappoint Glenn Powers Recreation & Cultural Services Board for a three-year term ending October 3, 2025. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Dolbow and Councilman Powers4 - Excused:Councilwoman Bennington1 - 10. OTHER BUSINESS a.FP-2203 - Vernon Priest, requesting Final Plat approval for Elegant Manor Estates Darren Lear, Development Services Director, provided a staff report and recommendation. Mayor Depew opened the public hearing. Chuck Martin, 205 Cherrywood Lane, asked about the stormwater maintenance in the development. Mr. Lear responded that by State Statute, they are required to hold the water on their property. (Name Inaudible), with Ackerman on behalf of the applicant, informed Council that the applicant and original engineer are present to answer any specific questions they may have. She explained that Page 14City of Edgewater Printed on 6/16/2023 February 6, 2023City Council Meeting Minutes the final plat is almost exactly like the preliminary plat; just more detailed. She stated that it had gone through Staff and the Planning & Zoning Board for approval and had met all requirements necessary. She respectfully requested that Council approve the plat and grant her the ability to make a rebuttal against any comments made during the public hearing. Peg Tanner, 231 Los Demos, asked about the flood plan for the development; Mr. Lear stated that they had met requirements for the retention on the property; they are required by State Statute to not shed anymore water after developed than there was pre-development. Rick Dixon, 102 S. Orange Street, New Smyrna Beach, said that this is not a FEMA flood plain as it is classified as Flood Zone X. They were required to meet the stormwater requirements and they are managing all the water onsite; there is a four (4) acre retention lake. Councilman Powers confirmed with Mr. Dixon that it is a self contained stormwater system. Councilman Powers stated on the record that the original PUD was accepted in 2007; making this an inherited project. He explained that Council made quasi-judicial decisions; they are making decisions in lieu of a Judge and a Judge makes decisions based on laws, not on opinion. He wanted to make it clear that they are not approving the development; they are just approving the layout. City Attorney Wolfe reported that per the Land Development Code, if a final plat meets all the requirements of the Land Development Regulations and the approved preliminary plat; City Council shall review and approve the final plat and indicate its approval by signature of the Mayor on the mylar copy of the plat to be recorded. City Staff has already verified that the final plat does meet all requirements of the Land Development Regulations and complies with the previously approved preliminary plat. Councilwoman Gillis asked for Mr. Wolfe to explain for the residents what would happen if they denied the final plat; Mr. Wolfe explained that for them to do that, under their Land Development Code, they would have to state the reasons for denial in writing and it would have to be substantial confident evidence that it does not comply with the approved preliminary plat or the Land Development Regulation. If Council failed to do so; there could be litigation that could ensue over the denial. Councilwoman Gillis concluded that if a litigation were to take place; the City would lose so regardless of how the Council personally feels, this has already been approved. Mayor Depew stated that he has a good friend who lives right up against the new development who had no flooding during Hurricane Ian & Hurricane Nicole; he makes it a point to drive through each development and has seen no issues and received no complaints. Mayor Depew closed the public hearing. Meeting went into Recess Page 15City of Edgewater Printed on 6/16/2023 February 6, 2023City Council Meeting Minutes Meeting Reconvened A motion was made by Councilman Powers, second by Councilwoman Dolbow, to approve FP-2203. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Dolbow and Councilman Powers4 - Excused:Councilwoman Bennington1 - b.ZA-2301 - Joseph Posey, requesting an amendment to the Riverside Villas Planned Unit Development (RPUD) Agreement and the accompanying preliminary plat. Darren Lear, Development Services Director, provided a staff report and recommendation. Mayor Depew opened the public hearing. Joey Posey, 420 S. Nova Road, Daytona Beach, attorney for the landowner and developer, provided Council with a slide show and presentation regarding the project. Tom Bugosh, 215 Falcon Avenue, expressed concerns about possible future flooding on his property. Chuck Martin, 205 Cherrywood Lane, stated the two-story homes could cause privacy issues for homeowners and that there could be flooding issues. Mr. Posey explained that the developer planned to add berms and that there would be ponds on the property to ensure that post-conditions would be better; he stated he would be happy to reach out to adjoining owners to reassure them. They had also been granted the St. Johns Permit. Councilman Powers asked if the Southwest corner was a drainage and utility area; Mr. Posey said no, it would drain into the canal further East. Steve Buswell, Parker Mychenberg & Associates, informed Council that the plan is a combination from a stormwater standpoint, of both dry retention and an exfiltration trench; around the perimeter there is a dry retention system that will intercept any water that was previously headed towards the south to collect it and control it from a standpoint of the required volume and discharge rates set by both the City and the Water Management District to maintain onsite.The plan has already been reviewed by the Water Management District and Staff. Councilman Powers asked for confirmation that behind every property there was a 25-foot drainage easement; Mr. Buswell said yes, there is a retention pond and swale that provides conveyance as well as treatment for volume. Eric Sider, 203 Falcon Avenue, stated he understands his neighbors concerns but he would prefer to have this project behind his house, as long as they stick to their commitments, instead of transients that have been removed from there before. Page 16City of Edgewater Printed on 6/16/2023 February 6, 2023City Council Meeting Minutes Councilwoman Gillis inquired if any of the townhomes would be considered affordable housing for local residents; Mr. Posey explained that the quality sometimes outweighs the affordability but they would do their best to make it as affordable as possible. Councilman Powers interjected that this means they would go for market value; Mr. Posey said he would presume that but that didn't mean they would necessarily turn people away. Councilwoman Gillis asked if there was anyway they could incorporate the assurances to the resident about the safety of his property in writing somewhere so that if there was ever an issue, the developer would be responsible. Mr. Posey answered that they had no issue with that and if there was ever water being discharged onto a residents property; they have the legal right to pursue a remedy for that and if that means putting that into the PUD, he'd be happy to add it. Councilwoman Gillis asked for it to be for all the neighboring properties. Mayor Depew asked if a vote had to be taken on that; Mr. Wolfe said he believed that the motion to approve the amendment to the PUD would include that as a requirement. Councilman Powers asked if an alteration to the document had to come back for a vote or do they vote contingent on these issues. Mr. Posey said that is the preference of the Council but that the commitment that there will be no water discharge from this property onto the neighboring property is straightforward and is the language of the condition of the motion and they are comfortable with that. Councilman Powers asked City Attorney Wolfe if there was any recourse if they approved the amendment without having the conditions in writing; Mr. Wolfe said that the best course would be to wait until its put into the PUD agreement. Councilman Powers stated he would like to see it in writing; Mayor Depew agreed. Councilwoman Dolbow asked about the number of entrances and about the conditions of owning and renting; Mr. Posey said that there was one entrance and that they are all intended to be owned but they wanted to ensure that it wasn't an encouragement to host short term rentals or Air BnB's as they wanted to be in line with the County's restriction of 30 day minimum. Councilman Powers said it was interesting because he is aware of a State Statute regarding being unable to regulate short term rentals if they are not regulated before a certain year; he asked Mr. Posey how that would fit into this situation. Mr. Posey said that they are making the affirmative representation that it will be included in their private covenants which are not in purview of the State Statute. Councilwoman Dolbow felt as though this will bring a beautiful place for people to live while simultaneously resolving the transient issue; it would also be a new tax base for the City. Councilman Powers pointed out that this was an existing agreement from 2005 that had been Page 17City of Edgewater Printed on 6/16/2023 February 6, 2023City Council Meeting Minutes enhanced; this new PUD adds landscape requirements, street lights and tree preservation. He asked what the zoning for the lot is; Mr. Lear told him that it was under the old PUD designation but it has since expired. Councilman Powers had an issue with drive-way length and the HOA regulations regarding them; Mr. Posey said that they aren't supposed to be parking on the street so there is always clearance. Councilman Powers said he would like to see 25-foot driveways from the sidewalk; Mr. Posey said that was noted and they would see what they could do but there are space restraints. Mr. Buswell added that the lengths of the driveways varied; maximum was 24-feet and minimum was 20-feet. Councilman Powers asked what the regulations currently were for banner flags for standard businesses in Edgewater; Mr. Lear expounded that business were allowed to have a special event or grand opening banner sign attached to the wall for 30 days. Councilman Powers didn't think it was fair to allow the development to have flags for the life of the project when businesses were strictly regulated so he proposed to allow the use of flags for 365 days from the first issued building permit. Mr. Posey said his client agrees and it will be written into the language of the PUD. Councilman Powers reiterated his concern with the length of the driveways; Fire Chief Lariscy stated that it had been discussed by Staff and decided that since it's to be a private road they have required signage on the streets to prevent parking. Due to this; the applicant had come back with wider drive ways and two car garages. Chief Lariscy also noted that this was not an area policed by Code Enforcement; the HOA has more jurisdiction. City Attorney Wolfe recommended tabling the items until the amendments to the PUD are made; Mr. Posey agreed but asked to have it on the agenda for the next Council meeting. A motion was made by Councilman Powers, second by Councilwoman Gillis, to table item 10b with date certain of next Council meeting, March 6, 2023 with the stated corrections. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Dolbow and Councilman Powers4 - Excused:Councilwoman Bennington1 - c.ZA-2302 - Michael Lopez, requesting an amendment to the Hawks Gate BPUD (Business Planned Unit Development) Agreement. Darren Lear, Development Services Director, provided a staff report and recommendation. Michael Lopez, applicant of the project, spoke to Council about his history in development and the changes in the world of development. He clarified that the project is not a water park; it is a specialized sports entertainment venue that specializes in balance, training and education pertaining to surfing. It would cater to pros and individuals ranging from three (3) years old to 90 years old . It will be maintained, managed and will provide 300 jobs during construction followed by 50 jobs after construction. He made note of the economic impact it will bring and assured Council that he is there to assist with any issues that shall arise. Page 18City of Edgewater Printed on 6/16/2023 February 6, 2023City Council Meeting Minutes Matthew Dowst, Mark Dowst & Associates, Civil Engineer for the developer, stated that this type of project is not seen everyday; it's the first one in Florida and the first one of its size in the United States. He reported for the record that the technology is next to none. He offered his assistance for any engineering related questions. Mayor Depew asked for Council comments. Councilwoman Gillis asked how much of the acreage and wetlands would be preserved; Mr. Lopez stated that they would be utilizing 15-acres of the 150 total acres and that they have gone through a St. Johns review; the project would not impact any wetlands. Mr. Dowst further explained that most of the 15-acres is grasslands; no wetlands over a half-acre would be impacted. The project would be 600 feet from I-95 and would not be visible while being a quarter of a mile from 442. It would work well with the environment and they would be preserving a wetland on the West buffer line. Councilman Powers inquired over who would be responsible in the future for the inevitable road infrastructure; Mr. Irby said they would have to wait and see as they have staffed this at length but where they intend to put this road may not be the absolute end result when everything is complete. Per Mr. Irby, Mr. Lopez is contemplating other things to do with the rest of the land in the future and that could end up changing the layout of the road or other infrastructure. Mr. Irby informed Council that they are looking at a few master plans that are a corroborative effort between the City and the developer; this includes traffic and water infrastructure. The only thing Mr. Irby can offer right now is that the road will be stabilized and will support normal traffic; including a firetruck. Councilman Powers had an issue with the duration of agreements and wanted to know if shortening those was a possibility. Councilwoman Gillis asked if they had an anticipated start date in the future; Mr. Lopez then broke down the process and the cost of the project. Councilman Powers wanted to know what triggered the 30 year agreement on the completion; Mr. Lear explained that it states 30 years because that is the max that statute allows. The developer is required to commence construction within 36 months of approval and if they do not; the City may terminate their agreement. Mr. Lear further explained that start of construction refers to the installation of the infrastructure. Councilwoman Gillis asked for clarification on what this vote was for specifically; Councilman Powers explained they were voting on the entire BPUD and Mr. Irby interjected that they were adding the use as well. Councilman Powers stated he wasn't worried about the wave park, more so the contract as a whole. Mr. Lopez explained that their concern is dictated by the number of rooftops; it's hard to build something when there isn't enough support either by the City or the rooftops. That is why the 30 year plans exist. Councilman Powers understands, he just doesn't know if they're practical so he would be willing to go with a 15 year agreement instead. Mr. Irby questioned if the applicant would be able to revisit the agreement at the end of that term or would it be automatically terminated. Mr. Lopez Page 19City of Edgewater Printed on 6/16/2023 February 6, 2023City Council Meeting Minutes expressed their desire to work with the City and his understanding of the concerns but admitted to the 15 year term being bothersome; he would prefer 20 years. Mr. Irby explained the need for more commercial support for the developers to choose to build. Councilwoman Gillis asked if the preservation would be continued as they build more; Mr. Lopez said they would absolutely preserve what they could. Councilman Powers pointed out that it's mostly fields anyways. Councilman Powers deferred to Mr. Lear over the minimum tree protection requirement; Mr. Lear informed him that it is 15%. Mayor Depew opened the public hearing. Glenn Storch, 420 S. Nova Road, representative for the landowners adjacent to the property, stated that the developers have been in constant contact and everyone agrees that everything to the West of I-95 should be developed with a high scale of development and preservation. He broke down the process of how developers and staff ensure that the project does not exceed concurrency and that if it does; they must find mechanisms to resolve that. That process will continue for each phase of the project. Jim Fox, 115 E. Turgot Avenue, expressed his disapproval for the project and his issues with staff. Peg Tanner, 231 Los Demos, asked about the amount of preservation. Mr. Lopez guaranteed that there would be no impact to wetlands as there has been a wetland study done. Councilman Powers asked if they had gotten a permit for the St. Johns Review; Mr. Lopez answered that they should have it in a week to 10 days. Colton Snowden, 214 Kirkland Road, son of the Owner & Developer, said that he felt this would give kids in this area something to do and look forward to. It would give opportunities for community outreach, scholarship programs, and possibly lower income admission at some point. Vincent Snowden, 2103 Ocean Drive, New Smyrna Beach, stated that he wasn't a big developer; just a local who was lucky enough to inherit and purchase the land for the project. This would go on a small portion of the property with no wetlands; it would be by the interstate so it wouldn't affect the town and that the intersection has to be improved regardless. Susan Paolillo, 122 E. Turgot, asked about the cost of the services and if the local children would be able to afford it. Mr. Lopez responded that it would be an affordable family destination; Mayor Depew asked for an estimated figure. Mr. Lopez said that there still needed to be market studies done but they were looking at $80-$85 an hour; he then broke down the reasons for the cost. They plan on having training facilities; educational facilities; the Special Olympics and the Junior Olympics. He thanked Council and the residents for their comments and time. Page 20City of Edgewater Printed on 6/16/2023 February 6, 2023City Council Meeting Minutes Mayor Depew asked if it was definite that there would be scholarship programs; Mr. Lopez said yes, without question. They also want to work with local schools to teach young kids about business and operations. Mr. Lopez extended his appreciation for the City staff. Jennifer Fox, 115 E. Turgot, questioned the affordability of the wave park for local kids and the impact on the City. Jamie Porter, 1804 Sabal Palm Drive, asked if there would be any kind of discount for local kids or a type of pass they can purchase and if the scholarships would be for them; if so, where would that money come from. Mr. Lopez confirmed that they are considering a discount program for locals and educational scholarships locally, regionally and worldwide. Though they are in the infancy stages of planning; they will try to accommodate. Chuck Martin, 205 Cherrywood Drive, discussed possible future zoning and infrastructure changes but thought there were a lot of positives to the project. Mayor Depew asked if Councilman Powers wanted to table it to go to discussions about a 20 year agreement; he said no. Councilwoman Dolbow felt that it was great they had chosen Edgewater; it would help with the tax rate and it was going to bring in jobs during construction and after completion. She would love to see programs for schools and the positives it would bring to the City. Mayor Depew appreciated the developer using only 15 acres for the project and hoped he stuck to his word regarding scholarships for local kids. Councilwoman Gillis said it could be a good thing; she just wants to make sure it is affordable for locals and that scholarships are made available. A motion was made by Councilman Powers, second by Councilwoman Dolbow, to approve ZA-2302. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Dolbow and Councilman Powers4 - Excused:Councilwoman Bennington1 - d.Foreclose on 1859 Pine Tree Drive related to unpaid code enforcement and utility liens Fire Chief Lariscy provided a staff report and recommendation. Mayor Depew opened the public hearing. Page 21City of Edgewater Printed on 6/16/2023 February 6, 2023City Council Meeting Minutes Councilwoman Dolbow asked if it was feasible to sell it to Habitat for Humanity so it can possibly be used for a family; Mr. Irby said yes, he planned to discuss that at an upcoming meeting with Habitat. Mayor Depew asked if it would go to auction if that opportunity does not work out; Mr. Wolfe said that he has foreclosed Code enforcement liens on other properties and ultimately the City ended up donating the properties to Habitat for Humanity. Councilman Powers confirmed that it had been empty for over 10 years; Mr. Wolfe provided a brief history on the property. Councilwoman Gillis said that this house has been brought up by residents previously at Council Meetings so it had been an ongoing issue. Mayor Depew closed the public hearing. A motion was made by Councilwoman Dolbow, second by Councilman Powers, to Foreclose on 1859 Pine Tree Drive related to unpaid code enforcement and utility liens. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Dolbow and Councilman Powers4 - Excused:Councilwoman Bennington1 - 11. OFFICER REPORTS a.City Clerk City Clerk Zlotnik reported that they had to cancel the upcoming Land Development Workshop, Council asked her to send out dates for rescheduling; she reminded Council that City offices would be closed for Presidents Day and to let her know if they would like to attend the upcoming in-person ethics training if they had not already. b.City Attorney Nothing at this time. c.City Manager City Manager Irby reported that staff would like to recommend extending the suspension of charges having to do with permits relating to storm damages; requests for permits aren't coming in as frequently as they should be so they're asking for 90 more days. A motion was made by Councilman Powers, second by Councilwoman Dolbow, to extend waiving hurricane damage permitting fees until July 6, 2023. The MOTION was APPROVED by the following vote: Yes:Mayor DePew, Councilwoman Gillis, Councilwoman Dolbow and Councilman Powers4 - Excused:Councilwoman Bennington1 - Page 22City of Edgewater Printed on 6/16/2023 February 6, 2023City Council Meeting Minutes 12. CITIZEN COMMENTS Peg Tanner, 231 Los Demos, asked about the lack of Canal Maintenance in the City; Randy Coslow, Environmental Services Director, stated that the canals were maintained but Hurricane Ian had caused a lot of devastation. Mayor Depew asked if there could be a map provided to show the maintenance of the canals; Mr. Coslow agreed to put one together. Chuck Martin, 205 Cherrywood Lane, gave a shout out to City Manager Irby for getting the ball rolling for Regent and Bond Street and for Jeff Thurman, Deputy Director of Environmental Services, for his help recently. He also asked for updates about a pipe being placed from the duck pond to the 17th street canal. Mr. Irby informed him that it would have to be budgeted. 14. ADJOURN There being no further business to discuss, Mayor Depew adjourned the meeting at 9:29 pm. Minutes respectfully submitted by: Monique Toupin, Assistant to the City Clerk. Page 23City of Edgewater Printed on 6/16/2023