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11-12-2018 - Regular City of Edgewater 104 N ]Ucrude DnVe Edgewater,FL 32132 EDGUYATER Meeting Minutes City Council Monday,November 12,2018 6:30 PM Council Chambers 1. CALL TO ORDER,ROLL CALL,PLEDGE OF ALLEGIANCE,INVOCATION Preaeon 3- Coundlwoman Christine Power,Councilmen Cmry Conroy,and Coundlwaman Megan O'Keefe Also Preaenb 3- City Clerk/Paralegal Robin Matosick,City Atmmey Aaron Wolfe,and City Anor v Ted Doran 2. APPROVAL OF MINUTES a. AR-2018-3773 Minutes of the September 10,2018 Council Meeting A motion was made by Councilwoman O'Keefe, second by Councilwoman Vogt, to approve the Minutes of the September 10, 201SMeeting. The MOTION was APPROVED by the following vote: Yea: 5. Ignasiak,Couuil"rn.Powe,,Vogt,Councilman Conroy and Council...O'Keefe b. AR-2019-3774 Minutes of the September 24,2018 Council Meeting A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve the Minutes of the September 24, 201SCouncil Meeting. The MOTION was APPROVED by the following vote: Yes: 5. Ignasiak,Councilawman Power,yogt,CounciMav Comoy and Councilxroman O'Keefe 3. PRESENTATIONS/PROCLAMATIONS/PLAQUESICERTIFICATES/DONATIONS a. AR-2018-3317 Presentation by Inwood Consulting Engineers on alternatives for the St. Johns River to Sea Loop Trail(SJR2C) Item moved to December 3rd Council Meeting b. AR-2018-3722 C.A.P.S.Recognition for Fall Festival Donation This presenmtion was read into the record. C. AR-2019-3794 Dr.Rajesh Ailani to provide an update to the construction progress of Brilliance ALF This presentation was read into the record d. AR-2018-3796 Status Update on Mosquito Lagoon Reasonable Assurance Plan by Randy Coslow, Deputy Director of Environmental Services Grya{£Py.�urcr p n t Yrig(N on 3/IUla/9 City Council Meeting Minutes November 12,2018 Item moved to December 3rd Council Meeting e. AR-2018-3802 Presentation by City of New Smyrna Beach regarding proposed closure of intersection at US-I&Magnolia Avenue New Smyrna Beach requested that this Item be pulled from the agenda Note Mayor Ignasiak informed Council that due to the large audience and number of people that want to speak and the number of people here doing business tonight with their attorneys, he would like to consider getting the Consent Agenda, Public Hearings and Other Business, Items 10 a and 10 b moved up prior to Citizens Comments. Council had no objections. 3.s. Proclamations Presented Outside Chambers-None at this time 4. CITIZEN COMMENTS Pat Card, 3019 Willow Oak Drive: discussed honoring and respecting Mayor Ignasiak and Councilwoman Power. He also discussed the city charter on relationships between city employees and citycouncil members. Vincent Snowden, 2103 Ocean Drive New Smyrna Beach: Discussed his opinion relating to property he owns in the City of Edgewater and discusses agreeing with the firing of the city manager. Debra Sanoba 3303 Royal Palm Drive' Discussed being grateful for the policy change for officer Burris, and spoke about disagreeing with how the October 26th meeting was handled. Mike Visconti, 316 Pine Breeze Drive: requested that Mayor Ignasiak not resign and said his respects for all that he has done for the City of Edgewater. Kenny Clinton, 1917Pine Tree Drive: Discussed disagreeing with how the October 26th meeting was handled. Eddie Clinton, 4790O1d Blue Ridge Road: Discussed disagreeing with how the October 26th meeting was handled. Gene Empter, 513 Portside Lane Discussed disagreeing with the firing of the city manager for following citypolicy. John Zino, 718 Navigators Way: Discussed disagreeing with the firing of the city manager and haw it was handled. Toby Rodgerson, 801 Indian River Blvd: Requested the resignation of Councilwoman O'Keefe, Councilwoman Vogt and Councilman Conroy. Cao IEdg. A,2 HNm Y[2410t9 City Council Meeting Minutes November 12, 2018 Eric Rambird 2225 Fern Palm Drive' Discussed disagreeing with the firing of a police officer before his benefits kicked in. Carolyn Thide, 226 Oak Branch Drive: Dictated being ashamed of the lack of attendance at the City of Edgewater monthly council meetings. Yvonne Bice, 217 N. Riverside Drive: Asked why the firing of the city manager was not on the agenda and disagrees with the firing of Tracy Barlow. Christa Wei, 1517 Willow Oak Drive: Disagrees with the firing of the City Manager and how the meeting was handled. Jennifer Parker, 2019 Umbrella Tree Drive: Discusses how she feels the Council does not care about the residents opinions anymore and disagrees with the way the October 26th meeting was handled. Gary Burwen, 218N Riverside Drive: Discussed loosing a proposed distribution center that would have brought the city 600 jobs. Joe Fi valoro, 617Portside Lane: Discussed that he disagrees with how the October 26th meeting was handled Frank Morris, 3132 Queen Palm Drive: Discussed agreeing with the firing of the City Manager and believes the officer deserves his benefits. Kimberly Yaney, 1851 Guava Drive: Discussed disagreeing with how the October 26th council meeting was handled and feels that the councils decision was focally irresponsible. William Dailey, 6398 Nika Ct, Port Orange: Apologized to Mr. Burris for not attending the special meeting on October 261h. He feels the October 26th meeting was taken from Mr. Burris and discusses standing behind his blue brothers. Jason O'Keefe, 2710 Unify Tree Drive.- Discussed issues that he has been having with certain members of the council JJ Adams, 2124 Kumquat Drive: Discussed recently passing the Zoe Adam's policy in Volusia County Schools. He believes that the city should be able to come together on their differences. Chip Selman, 2703 Evergreen Drive: Requested the resignation of 3Council members and asked how they can be removed if they do not resign. Alex Hamilton, 2904 Unity Tree Drive: Discussed his life being threatened at a previous council meeting and requested that instead of bickering the council should be helping and believes that there should be better communication with the residents of Edgewater. C3ycfEd9oMn pwi Pnvef on Ltlll¢t9 City Council Meeting Minutes November 12,2018 Faye Helton, 17101ndia Palm Drive: Does not agree with the manor in which the October 26th meeting was handled. Laura Lamb, 2904Queen Palm Drive: Requested the resignation of 3council members and believes they are a disgrace to the city. Ryan Kirby, 3413Mango Tree Drive: Disagrees with using a special meeting regarding the benefits of an officer to fire the City Manager. Burt Maroney, 2303 Orange Tree Drive: Disagrees with the lack of order in the Octoober 26th Council Meeting and believes the meeting was disgraceful. 5. APPROVAL OR CHANGESIMODIFICATIONS TO THE AGENDA None at this time. 6. CITY COUNCIL REPORTS Councilman Conroy reported: Making a motion to name the entrance road of Whistle Stop Park Mike Visconti Way. City Attorney Ted Doran brought to Councils attention that procedurally bringing up items and taking action on them while not on an agenda is not allowed effectively. It is legal to make a motion and it is legal for you to take a position without it being on the agenda however, the Attorney General has indicated in many opinions that that is highly disfavored and what is not legal is for the Council or any government body in the State of Florida to take any action without citizen input on that action. I am just stating laws, don't shoat the messenger, I am just giving you the message. You cannot do that. Now the concern is that even if you open it up to citizen input right now without it being on the agenda, have you effectively really allowed for citizen input because nobody is aware that the issue that is being raised is going to be considered therefore maybe if there be people in the audience but there may be people that would also have attended had they known. Now this is a small matter here and I am sure there is probably no disagreement. Councilman Conroy-yes but it is not a real road City Attorney Doran - I understand but what I think Mr. Conroy is that this is symbolic of a procedure that maybe you all have fallen into that you have got to get out of A councilmember raising the question of doing this is perfectly appropriate and a request that that be put on the next agenda for the full council to consider for the citizens to be aware of what your intentions are - that's what we have to get into. Councilman Conroy-I can just move the Clerk to put it on the next agenda? City Attorney Doran - Sure, however you all approach agenda items you have a past practice if any cb.yr&k /R rsee r,lne rto.s,tnats City Council Meeting Minutes November 12,2018 council member wants something on the agenda, they just notify the clerk and it goes on, that's perfectly acceptable. Mayor Ignasiak reported: That it has been an honor to serve on the Edgewater City Council and is proud to have had the opportunity to be apart of all the positive change in the last 8 years. Councilwoman Power reported: Appreciates all of the residents for attending and paying attention and hopes that calm behavior can continue. She wants to move forward in a positive manor to get Edgewater back on track. Councilwoman Vogt reported:Nothing at this time. Councilwoman O'Keefe reported: Being happy to see all of the residents in attendance who are passionate about Tracey Barlow and their town, apologized for her behavior at the October 16th Council Meeting, thanked all of the men and women who have and currently serve and would like to think that everyone will move forward in a positive direction. 7. CONSENT AGENDA A motion was made by Councilwoman O'Keefe, second by Councilwoman Power, to approve the Consent Agenda as listed.The MOTION was APPROVED by the following vote: Yes: 5- Ignasiak,Councilwoman Power,Vogt,Cowcilman Conroy and Councilwoman O'Keefe a. AR-2018-3725 Professional Surveying Services Contracts (CCNA) - Addendum #2 (RFQ-14-ES-019) b. AR-2018-3775 Construction Observation and Inspection Services for West Park Avenue Utility Improvements c AR-2018-3793 Fully Insured lines of coverage Insurance Premiums for Calendar Year January 1, 2019-December 31,2019 S. PUBLIC HEARINGS,ORDINANCES AND RESOLUTIONS a. 2018-0-25 2nd Reading - Ordinance No. 2018-0-25: The City of Edgewater requesting an amendment to the Comprehensive Plan Capital Improvements Element (CIE) and the Capital Improvement Program(CIP). City Attorney Wolfe read Ordinance No. 2018-0-15 into the record Interim City Manager Dewees made a stajfpresentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Ordinance No.2018-0-25.The MOTION was APPROVED by the following vote: no ils4r`M.m Pyre 5 Prvne —11821119 City Council Meeting Minutes November 12,2018 Yea: 5. Igmsial5 Comcilwomm Power,Vogl,Councilman Conray and Councilwoman O'Keefe b. 2018-0-24 2nd Reading - Ordinance No 2018-0-24: Teresa Arminio requesting an amendment to the Official Zoning Map to include property located at 901 West Indian River Boulevard as RP(Residential Professional). City Attorney Wolfe read Ordinance No. 1018-0-14 into the record. Interim City Manager Detects made a staff presentation. Mayor Ignadak opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman Vogt, to approve Ordinance No.2018-0-24.The MOTION was APPROVED by the following vote: Yes: 5- Igna sal,Councilwoman Power,Vogl,Councilman Conray and Councilwoman O'Keefe C. 2018-0-27 2nd Reading - Ordinance No. 2018-0-27: City of Edgewater requesting amendments to Articles 11(Definitions)of the Land Development Code. City Attomey Wolfe read Ordinance No.1018-0-17 into the record Interim City Manager Dewees made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman Vogt, to approve Ordinance No.2018-0.27.The MOTION was APPROVED by the following vote: Yea: 5- Igmsiak Councllwv Power,Vogt,Councilman Conray and Comcilwoman O'Keefe d. 2018-R-22 Resolution No. 2018-R-22 - Approve Final Year End Budget appropriations for Fiscal Year 2017-2018 City Attorney Wolfe read Resolution No.1018-R-21 into the record. Finance Director Bridgette King made a staffpresentation. Ma Dr Ignasfak opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve Resolution No. 201&R-22 and all necessary budget amendments. The MOTION was APPROVED by the following vote: Yes: 5- Ignasiak,Comcilw m Power,VogS Councilman Co u y and Councilwomen O'Keefe e. 201&R-23 Resolution No. 2018-R-23; November Amended Budget for Fiscal Year 2018-2019. CYy y£JgrxYsr Area rn ..1412oole City Council Meeting Minutes November 12,2018 City Attorney Wolfe read Resolution No. 2018-R-23 into the record. Finance Director Bridgette King made a staff presentation. Mayor Ignastak opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilman Conroy, to approve Resolution No. 2018-R-23 Amended Budget for Fiscal Year 2018-2019. The MOTION was APPROVED by the following vote: Yes: 5- Ignasiak,Councilwoman Power,Vogl,Councilman Coruvy and Councilwoman 0'Keefe L 2018-R-24 Resolution 2018-R-24 Request to the FDEP and SJRWMD to Reduce Permit Processing Fees for FY2018-2019 City Attorney Wolfe read Resolution No. 2018-R-24 into the record. Interim City Manager Dewees made a staff presentation. Mayor Ignasiak opened and closed the public hearing. A motion was made by Councilwoman Power, second by Councilwoman Vogt, to approve Resolution No.2018-R-24.The MOTION was APPROVED by the following vote: Yes: 5- Ignaziak,Coancilwoman Power,Vogt Councilman ConroyaMCouncilwoman 0'Keefe 9. BOARD APPOINTMENTS-None at this time 10. OTHER BUSINESS a. AR-2018-3739 Joint Project Agreement between the County of Volusia and the City of Edgewater for a Leading Edge LED Pedestrian-Bicycle Warning Sign at the Trail Crossing at the comer of Mission Road and Park Avenue. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve the Joint Project Agreement between the City and County. The MOTION was APPROVED by the following vote: Yes: 5. Ignaeiak,Councilwoman Power Vogt-Comci Wan Conroy and Councilwoman O'Keefe b. AR-2018-3789 FP-1801 - Darold Schonsheck requesting Final Plat approval for the Liberty Village subdivision. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve FP-1801 Final Plat for the Liberty Village Subdivision. The MOTION was APPROVED by the following vote: Yes: 5. Ignasiak,Councilwoman Power,Vogt,Councilman Conroy and Councilwoman O'Keefe CisOfEdve w Roe] Arn/Mun lAdQ019 City Council Meeting Minutes November 12, 2018 C. AR-2018-3807 Separation Agreement for City Manager Tracey Barlow After Motion by Councilman Conroy to table this for later on as Mr. Snowden has told us that there might be some acts of perjury that he has committed in an official setting. Some misfeasance if its proven to be and 1 think we have the obligation to follow that path wherever it is so I don't think we can agree on this Separation Agreement as it is. 1 think in reading his contract. If an administrative third body finds that he did do these things, he doesn't get his payout and I think we are obligated. A motion was made by Councilwoman Power, second by Councilwoman O'Keefe, to approve the Separation Agreement for City Manager Tracey Barlow. The MOTION was APPROVED by the following vote: Yes: 4. Ignasiak,Comcilwoman Power,Vogt.d Councilwoman O'Keefe No: I. Councilman Cormoy d. AR-2018-3805 hrterim City Manager Agreement for Brenda Dewees A motion was made by Councilwoman Power, second by Councilwoman Vogt, to approve the Interim City Manager Agreement for Brenda Dewees. The MOTION was APPROVED by the following vote: Yes: 5- Igmsiak,Councilwoman Power,Vogt,Councilman Cory and Councdwoman O'Keefe e. AR-2018-3806 Discussion on Search for New City Manager Workshop to discuss search for new City Manager on December 4, 2018 at 10:00 am After discussion, it was determined that a Workshop will be held on December 4th at 10:00 am to discuss the search for a city manager in more detail Il. OFFICER REPORTS a. City Clerk Reported: The upcoming Folusia League ofClnes Dinner on January 24, 2019. b. City Attorney Reported:Nothing at this time. c. City Manager Reported:Nothing at this time. 12. CITIZEN COMMENTS Tracey Barlow, 2004 Queen Palm Drive: Assured everyone that the allegations stated by Mr. Snowden are false. Also stated in reference to the Burris situation that the Councils policy was Go fEss PW8 ruaarw,rnv2019 City Councl Meeting Minutes November 12, 2818 recommended to be corrected and could have been long before the October 16th meeting occurred and was transmitted in a memo. He thanked everyone for the opportunity to serve the City of Edgewater for 33 years. 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